04.16.24 Town Council Regular Meeting PacketPage 1 of 4
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Welcome to the Prosper Town Council Meeting.
Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings
Addressing the Town Council:
Those wishing to address the Town Council must complete the Public Comment Request Form
located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on
the day of the meeting in order for your comments to be read into the record. The Town assumes
no responsibility for technical issues beyond our control.
In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town staff for further
assistance.
Citizens and other visitors attending Town Council meetings shall observe the same rules of
propriety, decorum, and good conduct applicable to members of the Town Council. Any person
making personal, impertinent, profane or slanderous remarks or who becomes boisterous while
addressing the Town Council or while attending the meeting shall be removed from the room, if so
directed by the Mayor or presiding officer, and the person shall be barred from further audience
before the Town Council during that session. Disruption of a public meeting could constitute a
violation of Section 42.05 of the Texas Penal Code.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Proclamation recognizing April 14-20, 2024, as National Public Safety
Telecommunicators Week. (MLS)
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.
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, April 16, 2024
6:15 PM
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2. Consider and act upon the minutes from the March 26, 2024, Town Council Work
Session meeting. (MLS)
3. Consider and act upon the minutes from the March 26, 2024, Town Council Regular
meeting. (MLS)
4. Consider and act upon authorizing the Town Manager to enter into a Professional
Services Agreement with Burgess and Niple for wastewater line smoke testing services.
(CE)
5. Consider and act upon approval of an ordinance amending and adopting the Town of
Prosper 2024 Water Conservation Plan and Water Resource and Emergency
Management Plan. (CE)
6. Consider and act upon authorizing the Town Manager to enter into an agreement with
Fuquay, Inc., to rehabilitate 20 wastewater manholes. (CE)
7. Consider and act upon awarding CSP No. 2024-15-A to The Christmas Light Company,
related to annual Christmas Display Services; and authorizing the Town Manager to
execute a contract for the same. (DB)
8. Consider and act upon approving a Professional Services Agreement between Parkhill
and the Town of Prosper, Texas, for the preparation of plans and construction
documents for hike & bike trail connections within the Doe Branch Property and
authorizing the Town Manager to execute documents for the same. (DB)
9. Consider and act upon approving a Professional Services Agreement between Parkhill
and the Town of Prosper, Texas, for the preparation of a conceptual rendering and plans
and construction documents for screening elements and trail / sidewalk within the Right
of Way along Prosper Trail and authorizing the Town Manager to execute documents
for the same. (DB)
10. Consider and act upon approving a Professional Services Agreement between Knight
Erosion Control Inc. and the Town of Prosper, Texas, for the design and construction of
erosion control improvements in Frontier Park and for the Doe Branch Property and
authorizing the Town Manager to execute documents for the same. (DB)
11. Consider and act upon authorizing the Town Manager to execute the First Amendment
to the Roadway Construction Reimbursement Agreement between MSW Prosper 380
II, LP, and the Town of Prosper, Texas, related to the construction of roadways within
the Town’s Tax Increment Reinvestment Zone No. 2 (TIRZ No. 2). (HW)
12. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Hunt Wandering Creek Land, LLC, and the Town of Prosper
relative to Wandering Creek. (DH)
13. 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)
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CITIZEN COMMENTS
The public is invited to address the Council on any topic. However, the Council is unable to discuss
or take action on any topic not listed on this agenda. Please complete a “Public Comment Request
Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to
three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to
one individual appointed to speak on their behalf. All individuals yielding their time must be present
at the meeting, and the appointed individual will be limited to a total of 15 minutes.
REGULAR AGENDA:
Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the
Council for items listed as public hearings will be recognized when the public hearing is opened. [If
you wish to address the Council, please fill out a “Public Comment Request Form” and present it to
the Town Secretary, preferably before the meeting begins.]
Items for Individual Consideration:
14. Conduct a public hearing and consider and act upon a request for a Specific Use Permit
(SUP) to allow a Licensed Child-Care Center use, on 2.0± acres, on Barnes Addition,
Block A, Lot 1, located on the east side of Parvin Street and 190± feet south of Seventh
Street. (ZONE-23-0038) (DH)
15. 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)
16. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between O E 6th, LLC, and the Town of Prosper relative to Prosper Central
Addition, Block 1, Lot 1. (DH)
17. 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)
18. 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.
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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.
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, April 12, 2024, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -1011
at least 48 hours prior to the meeting time.
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Call to Order/ Roll Call.
The meeting was called to order at 5:00 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Craig Andres
Deputy Mayor Pro-Tem Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Jeff Hodges
Councilmember Charles Cotten
Staff Members Present:
Mario Canizares, Town Manager
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
Todd Rice, Communications and Media Relations Manager
Robert Cook, Facilities Manager
Doug Kowalski, Police Chief
Items for Individual Consideration
1. Crisis Communications Training. (MR/RB)
Mr. Rylander presented an update to the Media Relations Policy. He provided an
overview of dealing with the media, identifying properly credentialed media
organizations, referring questions to the Communications Department, handling
news conferences, and adding disclaimers to personal social media accounts.
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.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, March 26, 2024
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Item 2.
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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.
The Town Council recessed into Executive Session at 5:32 p.m.
Reconvene into Work Session
The Town Council reconvened back into the Work Session at 5:59 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 5:59 p.m.
These minutes were approved on the 16th day of April 2024.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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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
Councilmember Charles Cotten
Staff Members Present:
Mario Canizares, Town Manager
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
Suzanne Porter, Planning Manager
Whitney Rehm, Budget Officer and Grants Administrator
Todd Rice, Communications and Media Relations Manager
Jessika Hotchkin, Help Desk Technician
Robert Cook, Facilities Manager
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Jeremy Meister with Gateway 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:
A reminder that Town Hall Offices will be closed Friday, March 29 for the Good Friday Holiday.
Trash and recycling services will run as normally scheduled.
Prosper Community Library will be closed on Saturday, March 30 due to the holiday. The book
drop box will be closed Thursday, March 28 at 8:00 p.m. until Monday, April 1 at 9:00 a.m. for the
holiday weekend.
Residents who have moved to Prosper since August 2023 are invited to our New Resident Mixer
on Thursday, April 4, 2023, from 5:00 p.m. to 7:00 p.m. Please join us for an evening of family -
friendly fun with entertainment and refreshments as you meet new neighbors and Town staff.
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, March 26, 2024
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Item 3.
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Booths will be set up on the South Lawn of Town Hall with information about Town services. We
look forward to meeting you!
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.
The Prosper Downtown Advisory Committee is holding a logo competition for all Prosper students
grades 9-12, including Prosper ISD, private school, and home school students are eligible to
participate. The Committee is seeking a logo that embodies the essence of our beautiful
downtown. The submission deadline is Friday, April 12. Get all the details and apply at
prospertx.gov/downtownlogo
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.
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)
3. Consider acceptance of the February 2024 monthly financial report. (CL)
4. Consider and act upon Ordinance 2024-26 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 Ordinance 2024-27 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 Ordinance 2024-28 granting a Specific Use Permit (SUP)
for a Licensed Child-Care Center use and a one-year approval of a temporary
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Item 3.
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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 Ordinance 2024-29 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)
Mayor Pro-Tem Andres made a motion to approve consent agenda items 1 through
12. Councilmember Hodges seconded the motion. Motion carried unanimously.
CITIZEN COMMENTS
Parker Reguero, 1811 Santa Fe Lane, listed concerns for those residing in Frontier Estates, which
consisted of the excessive influx of cut-through traffic entering the neighborhood from Frontier
Parkway and exiting on Preston Road to bypass the traffic signal and the current noise levels on
Frontier Parkway, and the anticipation of them worsening as the road expansion progresses. He
requested a traffic study to be conducted to adjust the timing at the Preston Road and Frontier
Pkwy intersection and for TxDOT to conduct another noise analysis or ideally a noise barrier wall
to be installed between their neighborhood and the road as part of the expansion project.
Raj Sripada, 1651 Santa Fe Lane, noted the same concerns as Mr. Reguero.
Mr. Canizares noted the Police Chief and Director of Engineering Services are in attendance and
will have staff can reach out to facilitate a meeting to discuss further.
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)
Mr. Hoover introduced the item noting 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. Mr. Hoover outlined the surrounding zoning,
permitted uses, parking requirements, landscaping requirements, and architectural
standards. The Planning and Zoning Commission recommended approval of the item
with a 4-2 vote. The Commissioners voting in opposition were due to concerns with
the multifamily component, and the adjacency to residential development to the east.
Staff recommends approval.
The Town Council discussed parking, setbacks from Coleman, landscaping, lighting,
and alleyway improvements.
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Mo Adepoju, applicant for the project addressed parking, the maximum size of the
multifamily units, access to the office space, and the main entrance and exits.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
The Town Council further discussed permitted uses, limiting signage to Coleman,
parking, façade elevations, fencing, and concerns of the height of the building.
Deputy Mayor Pro-Tem Ray made a motion to table 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 to April 16, 2024. Mayor Pro-
Tem Andres seconded the motion. Motion carried unanimously.
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)
Mayor Bristol stated he would like this item to be referred to the Capital Improvement
and Finance Subcommittee’s for their review.
Councilmember Cotten made a motion to postpone 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. Councilmember Kern seconded the motion. Motion
carried unanimously.
15. Discuss and consider Town Council Subcommittee reports. (DFB)
Downtown Advisory Committee: Deputy Mayor Pro-Tem Ray noted updates being
made in Downtown and that staff went out to bid for the arches with five responses
received.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Mayor Bristol requested a review of the solicitation ordinance, an update regarding the concerns
in Frontier Estates noted during Citizen Comments, and to explore an ordinance for the
operation/use of drones for retail delivery.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto.
Section 551.072 – To discuss and consider purchase, exchange, lease or value of real
property for municipal purposes and all matters incident and related thereto.
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Item 3.
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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.
The Town Council recessed into Executive Session at 7:37 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 9:29 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 9:29 p.m.
These minutes were approved on the 16th day of April 2024.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 3.
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To: Mayor and Town Council
From: Chuck Ewings, Assistant Town Manager
Through: Mario Canizares, Town Manager
Re: Wastewater Line Smoke Testing Services
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to enter into a Professional Services
Agreement with Burgess and Niple for wastewater line smoke testing services.
Description of Agenda Item:
Annually the Town Public Works department selects segments of the wastewater collection
system to test for inflow and infiltration (I&I). This is when groundwater or runoff enters the
collection system causing an increase in flows that need treatment and increasing the Town’s
treatment costs.
As part of this process, smoke is injected into the collection system to identify locations that may
be allowing water to penetrate. These locations can then be repaired to seal the system and
reduce the amount of infiltration of the system.
Budget Impact:
The cost of the testing is $49,855 and this funding is budgeted annually to test portions of the
collection system. Project costs will be charged to account 200-5480-50-03.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Proposal from Burgess and Niple
Town Staff Recommendation:
Town Staff recommends Town Council authorize the Town Manager to enter into a Professional
Services Agreement with Burgess and Niple for wastewater line smoke testing services.
PUBLIC WORKS
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Item 4.
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Proposed Motion:
I move to authorize the Town Manager to enter into a Professional Services Agreement with
Burgess and Niple for wastewater line smoke testing services.
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Item 4.
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To: Mayor and Town Council
From: Chuck Ewings, Assistant Town Manager
Through: Mario Canizares, Town Manager
Re: 2024 Conservation Plan and Water Resource Management Plan
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approval of an ordinance amending and adopting the Town of Prosper
2024 Water Conservation Plan and Water Resource and Emergency Management Plan.
Description of Agenda Item:
As a member of the North Texas Municipal Water District (NTMWD), the Town of Prosper must
maintain a water conservation and drought contingency plan to ensure availability of treated water
for its customers and regional customers. The plan must be adopted every five years with the
goal to minimize water loss/waste and improve efficiency of water use. The plan sets a goal of
reducing average daily residential use from 138 gallons per day to 134 gallons per day over the
next 10 years.
This plan was previously approved in 2019 and, overall, does not significantly change other than
certain amendments required by NTMWD. These include:
- Requirement that customers using one million gallons per year or have a lot greater than
one acre in size must submit an evaluation by a licensed irrigator for permanently installed
irrigation systems every 3 years to determine efficient operation of the system. (Section
8.02. H of the Water Conservation Plan)
- Requires hotels and motels must offer a linen reuse option to customers. (Section 8.02.I
of the Water Conservation Plan)
- Prohibits restaurants, bars, and other commercial food or beverage establishments that
provide drinking water to customers unless a specific request is made by the customer
for drinking water. (Section 8.02.I of the Water Conservation Plan)
The plan does include recommended water waste prohibitions for future consideration but does
not formally adopt them. These provisions are in Section 8.03.B of the Water Conservation Plan
and may be adopted under the plan in the future.
- Prohibiting runoff from property greater than 50 ft.
- Prohibit outdoor watering when temperatures are below 32°.
- Failure to repair a controllable leak, including but not limited to a broken sprinkler head, a
PUBLIC WORKS
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Item 5.
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leaking valve, leaking or broken pipes, or a leaking faucet.
- Washing of driveways, sidewalks, parking lots or other impervious surface areas with an
open hose or spray nozzle attached to an open hose, except when required to eliminate
conditions that threaten public health, safety, or welfare.
The plan adds triggers for initiating Water Resource Management Stages in the event of
reduced water availability in Section 2.04.A Water Resource and Emergency Management Plan:
- Water demand is approaching a level that will cause a reduced delivery capacity for all or
part of the distribution system.
- Texas State Governor has declared a drought disaster declaration for Collin and/or
Denton County.
Public Works environmental staff conducts regular outreach regarding water conservation and
will include these updates in its information to assist customers in managing water use.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Ordinance Adopting the 2024 Water Conservation Plan
2. 2024 Water Conservation Plan and Water Resource and Emergency Management Plan
Town Staff Recommendation:
Town Staff recommends Town Council approval of an ordinance amending and adopting the Town
of Prosper 2024 Water Conservation Plan and Water Resource and Emergency Management
Plan
Proposed Motion:
I move to approve an ordinance amending and adopting the Town of Prosper 2024 Water
Conservation Plan and Water Resource and Emergency Management Plan
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Item 5.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-XX
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION
13.05.001, “PLAN ADOPTED,” OF ARTICLE 13.05, “WATER CONSERVATION
AND WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN,” OF
CHAPTER 13, “UTILITIES,” OF THE TOWN’S CODE OF ORDINANCES;
ADOPTING A WATER CONSERVATION AND WATER RESOURCE AND
EMERGENCY MANAGEMENT PLAN; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (the “Town”), recognizes that the amount of water
available to its water customers is limited; and
WHEREAS, the Town recognizes that due to natural limitations, drought conditions,
system failures and other acts of God which may occur, the Town cannot guarantee an
uninterrupted water supply for all purposes at all times; and
WHEREAS, the Texas Water Code and the regulations of the Texas Commission on
Environmental Quality (the “Commission”) require that the Town adopt a Water Resource and
Emergency Management Plan; and
WHEREAS, the Town has determined an urgent need in the best interests of the public
to adopt a Water Resource and Emergency Management Plan; and
WHEREAS, pursuant to Chapters 51 and 54 of the Texas Local Government Code, the
Town is authorized to adopt any such ordinances necessary to preserve and conserve its water
resources; and
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), desires to
adopt an amended Water Conservation and Water Resource and Emergency Management Plan
for the Town of Prosper as official Town policy for water conservation; and
WHEREAS, the Town Council has investigated and determined that it will be
advantageous and beneficial to the citizens of Prosper and will protect the public health, safety
and welfare to adopt a Water Resource and Emergency Management Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 13.05.01, “Plan Adopted,” of
Article 13.05, “Water Conservation and W ater Resource and Emergency Management Plan” of
Chapter 13, “Utilities,” of the Town’s Code of Ordinances is amended to read as follows:
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Item 5.
Ordinance No. 2024-, Page 2
“Sec. 13.05.001 Plan Adopted
The Town Council hereby approves and adopts for the town, its citizens and water customers the
new Water Conservation and Water Resource and Emergency Management Plan (the “Plan”),
attached to this Ordinance as Exhibit A and incorporated herein for all purposes. A copy of this
Ordinance and the Plan are available in the Town Secretary’s Office.”
SECTION 3
The Town Council hereby approves and adopts the Plan, as referenced in Section 2 of
this Ordinance, as if recited verbatim herein. The Town commits to implement the requirements
and procedures set forth in the adopted Plan.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
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
The Town Manager or his designee is hereby directed to file a copy of the Plan and this
Ordinance with the Commission in accordance with Title 30, Chapter 288 of the Texas
Administrative Code, as amended.
SECTION 7
Any person, firm, corporation or business entity violating this Ordinance shall be deemed
guilty of a misdemeanor, and upon conviction therefore, shall be fined a sum not exceeding Two
Thousand Dollars ($2,000.00), and each and every day that such violation continues shall be
considered a separate offense; provided, however, that such penal provision shall not preclude a
suit to enjoin such violation. The Town of Prosper retains all legal rights and remedies available
to it pursuant to local, state and federal law.
SECTION 8
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas.
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Ordinance No. 2024-, Page 3
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 16th DAY OF APRIL, 2024.
APPROVED:
________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
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Item 5.
Ordinance No. 2024-, Page 4
EXHIBIT A
(Water Conservation and Water Resource and Emergency Management Plan)
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Item 5.
2024 Water Conservation Plan and Water Resource and Emergency Management Plan
Town of Prosper
Town of Prosper
2024 Water Conservation Plan and
Water Resource and Emergency
Management Plan
This Water Conservation Plan has been developed in accordance with the requirements of 30
Texas Administrative Code (TAC) Chapter 288. A copy of the version of 30 TAC Chapter 288 in
place at the time of this Plan preparation is included in Appendix B.
Adopted on
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DEFINITIONS
AQUATIC LIFE means a vertebrate organism dependent upon an aquatic environment
to sustain its life.
ATHLETIC FIELD means a public sports competition field, the essential feature of
which is turf grass, used primarily for organized sports practice, competition or
exhibition events for schools, professional sports and league play sanctioned by the
utility providing retail water supply.
BEST MANAGEMENT PRACTICES (BMPs) are voluntary efficiency measures that
save a quantifiable amount of water, either directly or indirectly, and that can be
implemented within a specific time frame.
COMMERCIAL VEHICLE WASH FACILITY means a permanently located business
that washes vehicles or other mobile equipment with water or water-based products,
including but not limited to self-service car washes, full-service car washes, roll-over/in-
bay style car washes, and facilities managing vehicle fleets or vehicle inventory.
COMMERCIAL FACILITY means business or industrial buildings and the associated
landscaping, but does not include the fairways, greens, or tees of a golf course.
CONSERVATION includes those practices, techniques, and technologies that reduce
the consumption of water, reduce the loss or waste of water, improve the efficiency in
the use of water, or increase the recycling and reuse of water so that a water supply is
made available for future or alternative uses.
COOL SEASON GRASSES are varieties of turf grass that grow best in cool climates
primarily in northern and central regions of the U.S. Cool season grasses include but
are not limited to perennial and annual rye grass, Kentucky blue grass and fescues.
CUSTOMERS include those entities to whom NTMWD provides wholesale water that
are not member cities of NTMWD.
DESIGNATED OUTDOOR WATER USE DAY means a day prescribed by a rule on
which a person is permitted to irrigate outdoors.
DRIP IRRIGATION is a type of micro-irrigation system that operates at low pressure
and delivers water in slow, small drips to individual plants or groups of plants through a
network of plastic conduits and emitters; also called trickle irrigation.
DROUGHT, for the purposes of this report, means an extended period of time when an
area receives insufficient amounts of rainfall to replenish the water supply, causing
water supply sources (in this case reservoirs) to be depleted.
ET/SMART CONTROLLERS are irrigation controllers that adjust their schedule and run
times based on weather (ET) data. These controllers are designed to replace the
amount of water lost to evapotranspiration.
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2024 Water Conservation Plan and Water Resource and Emergency Management Plan
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EVAPOTRANSPIRATION (ET) represents the amount of water lost from plant material
to evaporation and transpiration. The amount of ET can be estimated based on the
temperature, wind, and relative humidity.
EXECUTIVE DIRECTOR means the Executive Director of NTMWD and includes a
person the Executive Director has designated to administer or perform any task, duty,
function, role, or action related to this Plan or on behalf of the Executive Director.
FOUNDATION WATERING means an application of water to the soils directly abutting
(within 2 feet of) the foundation of a building or structure.
INTERACTIVE WATER FEATURES means water sprays, dancing water jets, waterfalls,
dumping buckets, shooting water cannons, inflatable pools, temporary splash toys or
pools, slip-n-slides, or splash pads that are maintained for recreation.
IRRIGATION SYSTEM means a permanently installed, custom-made, site-specific
system of delivering water generally for landscape irrigation via a system of pipes or
other conduits installed below ground.
LANDSCAPE means any plant material on a property, including any tree, shrub, vine,
herb, flower, succulent, ground cover, grass or turf species, that is growing or has been
planted out of doors.
MEMBER CITIES include the cities of Allen, Farmersville, Forney, Frisco, Garland,
McKinney, Mesquite, Plano, Princeton, Richardson, Rockwall, Royse City, and Wylie,
Texas, which are members of NTMWD.
MUNICIPAL USE means the use of potable water provided by a public water supplier
as well as the use of treated wastewater effluent for residential, commercial, industrial,
agricultural, institutional, and wholesale uses.
NEW LANDSCAPE means: (a) vegetation installed at the time of the construction of a
residential or commercial facility; (b) installed as part of a governmental entity's capital
improvement project; or (c) installed to stabilize an area disturbed by construction.
ORNAMENTAL FOUNTAIN means an artificially created structure from which a jet,
stream, or flow of treated water emanates and is not typically utilized for the
preservation of aquatic life.
POND is considered to be a still body of water with a surface area of 500 square feet or
more. This does not include recreational swimming pools.
PUBLIC WATER SUPPLIER is an individual or entity that supplies water to the public
for human consumption.
REGIONAL WATER PLANNING GROUP is a group established by the Texas Water
Development Board to prepare a regional water plan under Texas Water Code §16.053.
REGULATED IRRIGATION PROPERTY means any property of a designated customer
class (i.e., commercial) that uses one million gallons of water or more for irrigation
purposes in a single calendar year or is greater than one acre in size.
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RESIDENTIAL GALLONS PER CAPITA PER DAY (RESIDENTIAL GPCD) means the
total gallons sold for retail residential use by a public water supplier divided by the
residential population served and then divided by the number of days in the year.
RETAIL CUSTOMERS include those customers to whom the utility provides retail water
from a water meter.
REUSE is the authorized use for one or more beneficial purposes of use of water that
remains unconsumed after the water is used for the original purpose of use and before
that water is either disposed of or discharged or otherwise allowed to flow into a
watercourse, lake, or other body of state-owned water.
SOAKER HOSE means a perforated or permeable garden-type hose or pipe that is laid
above ground that provides irrigation at a slow and constant rate.
SPRINKLER/SPRAY IRRIGATION is the method of applying water in a controlled
manner that is similar to rainfall. The water is distributed through a network that may
consist of pumps, valves, pipes, and sprinklers.
SPRINKLER means an above-ground water distribution device that may be attached to
a garden hose.
RECREATIONAL/SWIMMING POOL is defined as a body of water that involves contact
recreation. This includes activities that are presumed to involve a significant risk of
ingestion of water (e.g. wading by children, swimming, water skiing, diving, tubing,
surfing, etc.)
TOTAL GALLONS PER CAPITA PER DAY (TOTAL GPCD) means the total amount of
water diverted and/or pumped for potable use less wholesale sales divided by the total
permanent population divided by the days of the year. Diversion volumes of reuse as
defined in TAC §288.1 shall be credited against total diversion volumes for the purposes
of calculating GPCD for targets and goals.
WATER CONSERVATION COORDINATOR is the person designated by a retail public
water supplier that is responsible for implementing a water conservation plan.
WATER CONSERVATION PLAN means the Member City or Customer water
conservation plan approved and adopted by the utility.
WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN means a plan for
temporary supply management and demand management responses to temporary and
potentially recurring water supply shortages and other water supply emergencies
required by Texas Administrative Code Title 30, Chapter 288, Subchapter B. This is
sometimes called a drought contingency plan.
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ABBREVIATIONS
Ac-Ft/Yr Acre-Feet per Year
BMP Best Management Practices
CDC Centers for Disease Control and Prevention
DWU Dallas Water Utilities
E&O Education and Outreach
ED Executive Director
EPA Environmental Protection Agency
ET Evapotranspiration
FNI Freese and Nichols, Inc.
gpf Gallons per Flush
gpm Gallons per Minute
LAMP Linear Asset Management Plan
LRWSP Long Range Water Supply Plan
FWSD Fresh Water Supply District
GPCD Gallons per Capita per Day
ICIM Industrial, Commercial, Institutional and Multifamily
MGD Million Gallons per Day
MUD Municipal Utility District
NCTCOG North Central Texas Council of Governments
NTMWD North Texas Municipal Water District
SUD Special Utility District
TCEQ Texas Commission on Environmental Quality
TRWD Tarrant Regional Water District
TWDB Texas Water Development Board
UTRWD Upper Trinity Regional Water District
UD Utility District
WCAC Water Conservation Advisory Council
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Item 5.
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WCP Water Conservation Plan
WREMP Water Resource and Emergency Management Plan
WSC Water Supply Corporation
WENNT Water Efficiency Network of North Texas
WTP Water Treatment Plant
WWTP Wastewater Treatment Plant
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APPENDICES
APPENDIX A List of References
APPENDIX B Texas Administrative Code Title 30 Chapter 288
APPENDIX C TCEQ Water Utility Profile
APPENDIX D NTMWD Member City and Customer Annual Water Conservation
Report
APPENDIX E Letters to Regional Water Planning Groups and NTMWD
APPENDIX F Adoption of Plans
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Item 5.
2024 Water Conservation Plan
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Town of Prosper
2024 Water Conservation Plan
This Water Conservation Plan has been developed in accordance with the requirements of 30
Texas Administrative Code (TAC) Chapter 288. A copy of the version of 30 TAC Chapter 288 in
place at the time of this Plan preparation is included in Appendix B.
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Table of Contents
Table of Contents ....................................................................................................................... 2
1.00 INTRODUCTION ................................................................................................................ 4
1.01 MINIMUM REGULATORY REQUIREMENTS CHECKLIST ............................................ 4
1.02 ADDITIONAL REQUIREMENTS AND GUIDANCE ........................................................ 4
2.00 WATER UTILITY PROFILE ................................................................................................ 5
2.01 DESCRIPTION OF THE SERVICE AREA ...................................................................... 5
2.02 WATER UTILITY PROFILE ............................................................................................ 5
3.00 WATER CONSERVATION GOALS .................................................................................... 5
3.01 5- AND 10- YEAR GOALS .............................................................................................. 5
3.02 METHOD FOR TRACKING ............................................................................................ 6
4.00 METERING, RECORDS AND WATER LOSS CONTROL .................................................. 6
4.01 METERING PROGRAM ................................................................................................. 6
4.02 MONITORING AND RECORD MANAGEMENT PROGRAM .......................................... 7
4.03 WATER LOSS CONTROL PROGRAM........................................................................... 7
5.00 CONTRACT REQUIREMENTS FOR WHOLESALE CUSTOMERS ................................... 8
6.00 RESERVOIR SYSTEM OPERATIONS PLAN .................................................................... 8
7.00 CONSERVATION PLAN ADOPTION AND ENFORCEMENT ............................................ 8
7.01 MEANS OF IMPLEMENTATION AND ENFORCEMENT ................................................ 8
7.02 REVIEW AND UPDATE OF WATER CONSERVATION PLAN ...................................... 9
7.03 REGIONAL WATER PLANNING GROUP AND NTMWD NOTIFICATION ..................... 9
8.00 WATER CONSERVATION PROGRAM ............................................................................. 9
8.01 PUBLIC EDUCATION PROGRAM ................................................................................. 9
8.02 REQUIRED CONSERVATION STRATEGIES ...............................................................10
A.TCEQ CONSERVATION PLAN REQUIREMENTS ........................................................10
B.CONSERVATION COORDINATOR ...............................................................................10
C.WATER CONSERVATION PRICING .............................................................................11
D.ORDINANCES, PLUMBING CODES, OR RULES ON WATER-CONSERVING
FIXTURES .........................................................................................................................11
E.REUSE AND RECYLING OF WASTEWATER ...............................................................12
F.YEAR-ROUND OUTDOOR WATERING SCHEDULES ..................................................12
G.TIME OF DAY WATERING SCHEDULE ........................................................................13
H.IRRIGATION SYSTEM REQUIREMENTS FOR NEW AND COMMERICAL SYSTEMS .............13
I. WATER WASTE PROVISIONS ......................................................................................14
8.03 ADDITIONAL CONSERVATION STRATEGIES ............................................................15
A. USE OF ET-BASED WEEKLY WATERING ADVICE/RECOMMENDATIONS ...............15
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B. ADDITIONAL WATER WASTE PROVISIONS ..................................................................16
C. OFFER FREE OR DISCOUNTED IRRIGATION SYSTEM CHECK-UPS FOR
RESIDENTIAL CUSTOMERS. ...........................................................................................16
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1.00 INTRODUCTION
Town of Prosper is a Customer of the North Texas Municipal Water District
(NTMWD). This Plan was developed following TCEQ guidelines and requirements
governing the development of water conservation plans.
The goal of the Water Conservation Plan is to serve as good stewards of water
resources by preserving water supplies for essential uses and the protection of
public health. The objectives to achieve this goal are as follows:
• To reduce the loss and waste of water.
• To improve efficiency in both indoor and outdoor water use.
• To maximize the level of recycling and reuse.
• To protect and preserve environmental resources.
• To extend the life of current water supplies.
• To raise public awareness of water conservation and encourage
responsible personal behavior through public education programs.
1.01 MINIMUM REGULATORY REQUIREMENTS CHECKLIST
A water conservation plan is defined as “[a] strategy or combination of strategies
for reducing the volume of water withdrawn from a water supply source, for
reducing the loss or waste of water, for maintaining or improving the efficiency in
the use of water, for increasing the recycling and reuse of water, and for preventing
the pollution of water. A water conservation plan may be a separate document
identified as such or may be contained within another water management
document”. Recognizing the need for efficient use of existing water supplies, TCEQ
has developed guidelines and requirements governing the development of water
conservation and drought contingency plans. The minimum TCEQ requirements and
where they are addressed within this document are included in Appendix B.
1.02 ADDITIONAL REQUIREMENTS AND GUIDANCE
In addition to TCEQ rules regarding water conservation, this Plan also incorporates
both minimum requirements as required from NTMWD and elements from several
conservation initiatives.
• 2024 NTMWD Water Conservation Plan – Member Cities and Customers of
the NTMWD are required to implement water conservation strategies as
designated in the NTMWD Water Conservation Plan. These strategies
represent minimum measures to be implemented and enforced to promote
water conservation and are to remain in effect on a permanent basis.
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• Guidance and Methodology for Reporting on Water Conservation and
Water Use - Developed by TWDB and TCEQ in consultation with the Water
Conservation Advisory Council (the Guidance). The Guidance was developed
in response to a charge by the 82nd Texas Legislature to develop water use
and calculation methodology and guidance for preparation of water use
reports and water conservation plans in accordance with TCEQ rules.
• North Texas Regional Landscape Initiative – The North Texas regional
water providers (NTMWD, DWU and TRWD) collaborated to create the
Regional Landscape Initiatives. This document was developed as a resource
of best management practices for municipal staff to help reduce water waste
and encourage long-term water conservation in the North Texas region.
Information consists of the background, importance, and benefits of each
BMP and key talking points to consider when implementing the strategy.
Several of the optional water management measures included in this Plan
are from this collaborative initiative.
2.00 WATER UTILITY PROFILE
This section contains a description of Town of Prosper’s service area and water
system. This information can also be reviewed in Appendix C, which contains a
completed TCEQ Water Utility Profile.
2.01 DESCRIPTION OF THE SERVICE AREA
Town of Prosper serves a 25.6 sq mi area with a population of 38,840. The Town of
Prosper is a fast-growing community with a projected buildout population of 72,000.
2.02 WATER UTILITY PROFILE
The Town of Prosper’s existing water supply is composed of the following sources.
• Purchased Treated Water from NTMWD.
3.00 WATER CONSERVATION GOALS
TCEQ rules require the adoption of specific 5-year and 10-year water conservation
goals for a water conservation plan.
3.01 5- AND 10- YEAR GOALS
Per capita water use varies from year to year based on several factors including
weather conditions, changing demographics and other variables. The TWDB
requires specific 5- and 10-year goals which are summarized in Table 1.
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Table 1: Five- and 10-Year Per Capita Water Use Goals
Historic 5-
Year Average Baseline 5 -Year Goal
2029
10-Year Goal
2034
Total (GPCD)1 222 231 223 218
Residential
(GPCD)2 138 148 138 134
ICIM (GPCD)3 21 22 22 23*
Water Loss
(GPCD)4 5 12 10 11*
Water Loss
(Percentage)5 2% 5% 4.8% 5.3%*
1 Total GPCD = (Total Gallons in System/Permanent Population/365
2 Residential GPCD = (Gallons Used for Residential Use / Residential Population) / 365
3 ICIM GPCD = (Gallons Used for Industrial, Commercial, Institutional and Multi-family Use / Permanent
Population) / 365
4 Water Loss GPCD = (Total Water Loss / Permanent Population) / 365
5 Water Loss Percentage = (Total Water Loss / Total Gallons in System) x 100; or (Water Loss GPCD / Total
GPCD) x 100
*10-Years goals reflect Prosper’s fast-growing community with anticipated new businesses and a projected
buildout population of 72,000.
3.02 METHOD FOR TRACKING
NTMWD requires Member Cities and Customers to complete annual conservation
reports by March 31 of the following year and submit them to NTMWD. A copy of
the form is included as Appendix D.
The completion of this Annual Water Conservation Report allows Town of Prosper
to track the effectiveness of its water conservation programs over time and
reassess those programs that are not providing water savings, ensuring maximum
water use efficiency and greater levels of conservation.
4.00 METERING, RECORDS AND WATER LOSS CONTROL
4.01 METERING PROGRAM
One of the key elements in water conservation is careful tracking of water use and
control of losses. Careful metering of water deliveries and water use, detection,
and repair of leaks in the distribution system, and regular monitoring of
unaccounted water are important in controlling losses.
ACCURATE METERING OF TREATED WATER DELIVERIES FROM NTMWD
Accurate metering of water diversions and deliveries, detection, and repair of leaks
in the raw water transmission and potable water distribution systems and regular
monitoring of nonrevenue water are important elements of NTMWD’s program to
control losses. Water deliveries from NTMWD are metered by NTMWD using
meters with accuracy of ±2%. These meters are calibrated on an annual basis by
NTMWD to maintain the required accuracy.
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METERING OF CUSTOMER AND PUBLIC USES
Town of Proser uses Neptune meters that are electronically metered through
AclaraONE.
METER TESTING, REPAIR AND REPLACEMENT
The Town of Prosper plans to test 1% of meters that are older than 10 years and
replace as needed. Meters are also tested and replaced as needed by request or
when issues arise.
4.02 MONITORING AND RECORD MANAGEMENT PROGRAM
As required by TAC Title 30, Chapter 288, a record management system should
allow for the separation of water sales and uses into residential, commercial,
public/institutional, and industrial categories. This information is included in the
NTMWD annual water conservation report that is included in Appendix D.
4.03 WATER LOSS CONTROL PROGRAM
DETERMINATION AND CONTROL OF WATER LOSS
Total water loss is the difference between treated water pumped and authorized
consumption or metered deliveries to customers. Authorized consumption includes
billed metered uses, unbilled metered uses, and unbilled unmetered uses such as
firefighting and releases for flushing of lines.
Water losses include two categories:
• Apparent losses such as inaccuracies in customer meters. (Customer meters
tend to run more slowly as they age and under-report actual use).
Unauthorized consumption due to illegal connections and theft.
• Real losses due to water main breaks and leaks in the water distribution
system and unreported losses.
LEAK DETECTION AND REPAIR
Water utility crews, building inspectors, and personnel will look for and report
evidence of leaks in the water distribution system. Water usage is tracked using
advanced metering infrastructure to collect data and is monitored closely by our
Utility Billing Department. Areas of the water distribution system, in which
numerous leaks and line breaks occur, will be targeted for replacement, as funds
are available.
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5.00 CONTRACT REQUIREMENTS FOR WHOLESALE
CUSTOMERS
Every water supply contract entered into or renewed after official adoption of this
water conservation plan, including any contract extension, will include a
requirement that each wholesale customer of Town of Prosper must develop and
implement a water conservation plan and water conservation measures. If the
customer intends to resell the water, then the contract between the initial supplier
and customer must specify that the contract for the resale of the water must have
water conservation requirements so that each successive customer in the resale of
the water will be required to implement water conservation measures in accordance
with the provisions of Title 30 TAC Chapter 288.
6.00 RESERVOIR SYSTEM OPERATIONS PLAN
The Town of Prosper purchases treated water from NTMWD and does not have
surface water supplies for which to implement a reservoir system operations plan.
NTMWD operates multiple sources of water supply as a system. The operation of
the reservoir system is intended to optimize the use of the District’s sources (within
the constraints of existing water rights) while minimizing energy use cost for
pumping, maintaining water quality, minimizing potential impacts on recreational
users of the reservoirs and fish and wildlife.
7.00 CONSERVATION PLAN ADOPTION AND ENFORCEMENT
7.01 MEANS OF IMPLEMENTATION AND ENFORCEMENT
Staff will implement the Plan in accordance with adoption of the Plan. Appendix F
contains a copy of the ordinance adopted regarding this Plan. The document
designates responsible officials to implement and enforce the Plan.
Administrative fees for violations to the Town’s Water Conservation and Water
Resource and Emergency Management Plan shall be added to the water account
holder’s regular monthly Town utility bill for city expenses incurred due to the
account holder’s violation as follows:
First Offense: Courtesy Door Tag Warning
Second Offense: Certified Letter notifying of violation.
Third Offense: $100
Fourth and Subsequent Offenses: $300
Repeated offenses may result in water service shut off.
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7.02 REVIEW AND UPDATE OF WATER CONSERVATION PLAN
TCEQ requires that the water conservation plan be updated every five years. This
Plan will be updated as required and as appropriate based on new or updated
information.
7.03 REGIONAL WATER PLANNING GROUP AND NTMWD NOTIFICATION
In accordance with TCEQ regulations, a copy of this water conservation plan was
provided to the Region C Water Planning Group. In accordance with NTMWD
contractual requirements, a copy of this water conservation plan was also sent to
NTMWD. Appendix E includes a copy of the letter sent.
8.00 WATER CONSERVATION PROGRAM
8.01 PUBLIC EDUCATION PROGRAM
• The Town of Prosper partners with Rooted In® to offer water smart
workshops to residents, showcasing them prominently on the town’s website.
These workshops educate residents on sprinkler systems, rain barrels, and
water smart plants, empowering them to reduce water waste effectively.
• The Town of Prosper promotes WaterMyYard® app, available on the town’s
website, providing weekly updates on water recommendations via the ‘Water
Conservation’ page.
• The Town of Prosper educates residents on water conservation through
online resources such as videos and research articles, disseminated via
social media channels, the town’s website, and weekly e-newsletters.
• The Town of Prosper sends out mailing inserts quarterly with the utility bill to
every resident which contains information regarding water education along
with seasonal watering guidelines.
• The Town of Prosper promotes the Texas SmartScape website
(www.txsmartscape.com) and provides water conservation tools which are
available to the public at Town Hall.
• The Town of Prosper partners with EPA WaterSense programs and supports
initiatives such as ‘Fix A Leak Week’ through various promotional materials.
• The Town of Prosper participates in various outreach events such as The
Garden Show, organized by the Texas Master Gardener, setting up booths
with educational materials aimed at raising public awareness about water
consumption reduction strategies.
• The Town of Prosper partnered with Texas A&M AgriLife® to develop a
Demonstration & Research Garden in 2015 using Earth Kind® practices with
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native and adaptive plants. These gardens, maintained by the Texas Master
Gardeners®, have tours available to interested individuals.
• Town of Prosper Public Works offers free sprinkler evaluations, providing
residents with one-on-one education to demonstrate their water usage before
and after evaluation.
8.02 REQUIRED CONSERVATION STRATEGIES
The following water conservation strategies are required. These strategies
represent minimum measures to be implemented and enforced to promote water
conservation and are to remain in effect on a permanent basis.
A. TCEQ CONSERVATION PLAN REQUIREMENTS
The preceding sections cover the regulatory requirements identified in TAC Title
30, Part 1, Chapter 288, Subchapter B, Rule 288. These rules are included in
Appendix B.
B. CONSERVATION COORDINATOR
The designation of a Conservation Coordinator is required by House Bill 1648,
effective September 1, 2017 for all retail public water utilities with 3,300 service
connections or more. The NTMWD requires that all Member Cities and Customers,
regardless of number of connections, appoint a Conservation Coordinator who will
serve as the primary point of contact between the entity and the District on
conservation matters.
The duties of the Conservation Coordinator are as follows:
• Submit an annual conservation report to NTMWD by March 31. This is
referred to as the ‘Appendix D Report’. NTMWD will provide a blank
workbook for each Member City and Customer to fill out prior to the
deadline.
• Submit an adopted water conservation and water resource and emergency
management plan by May 1, 2024 (and every five years afterwards). These
plans must be submitted to NTMWD, the applicable Regional Water Planning
Group, TCEQ and TWDB. The conservation coordinator is also responsible
for submitting a copy of the Plan if it is updated after initial adoption and
submission.
Town of Prosper’s Conservation Coordinator is identified below. The Town of
Prosper will notify NTMWD if this changes at any point before the water
conservation plan is updated.
Laila Lopez
972-569-1047
llopez@prospertx.gov
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C. WATER CONSERVATION PRICING
Each Member City and Customer must adopt an increasing block rate water
structure that is intended to encourage water conservation and to discourage
excessive use and waste of water.
Town of Prosper’s water rate structure is as follows:
Residential Rates
Residential rates can be found on the Town of Prosper’s website.
• Monthly minimum charge based on meter size.
o 0 -10,000 gallons with a base charge per 1,000 gallons.
o 10,001-40,000 gallons with an increased base charge per 1,000
gallons.
o 40,001-80,000 gallons with an increased base charge per 1,000
gallons.
o 80,001 and above gallons with an increase base charge per 1,000
gallons.
Commercial/Industrial Rates
• Monthly minimum charge based on meter size.
o 0 -10,000 gallons with a base charge per 1,000 gallons.
o 10,001-40,000 gallons with an increased base charge per 1,000
gallons.
o 40,001-80,000 gallons with an increased base charge per 1,000
gallons.
o 80,001 and above gallons with an increase base charge per 1,000
gallons.
D. ORDINANCES, PLUMBING CODES, OR RULES ON WATER-CONSERVING
FIXTURES
Town of Prosper’s plumbing code standards encourages water conservation and
meets the minimum statutory requirements. The state has required water-
conserving fixtures in new construction and renovations since 1992. The state
standards call for flows of no more than 2.5 gallons per minute (gpm) for faucets,
2.5 gpm for showerheads. As of January 1, 2014, the state requires maximum
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average flow rates of 1.28 gallons per flush (gpf) for toilets and 0.5 gpf for urinals.
Similar standards are now required under federal law. These state and federal
standards assure that all new construction and renovations will use water-
conserving fixtures.
E. REUSE AND RECYLING OF WASTEWATER
NTMWD currently has the largest wastewater reuse program in the state. NTMWD
has water rights allowing reuse of up to 71,882 acre-feet per year (64 MGD) of
treated wastewater discharges from the Wilson Creek Wastewater Treatment Plant
for municipal purposes. Additionally, NTMWD has permitted and is currently
constructing the Sister Grove Regional Water Resource Recovery Facility (WRRF)
in the Lavon Lake watershed. This facility will have an initial capacity of 16 MGD
and an ultimate capacity of 64 MGD.
NTMWD has also developed the East Fork Water Reuse Project which can divert
treated wastewater discharges by NTMWD and purchased wastewater return flows
from TRA via Main Stem Pump Station. NTMWD also provides treated effluent from
its wastewater treatment plants available for direct reuse for landscape irrigation
and industrial use.
F. YEAR-ROUND OUTDOOR WATERING SCHEDULES
A mandatory weekly watering schedule has been gradually gaining acceptance in
the region and the state. NTMWD requires all Member Cities and Customers to
adhere to a permanent outdoor watering schedule.
• Summer (April 1 – October 31) –Spray irrigation with sprinklers or irrigation
systems at each service address must be limited to no more than two days
per week. Additionally, prohibit lawn irrigation watering from 10 a.m. to 6
p.m. Education should be provided that irrigation should only be used
when needed, which is often less than twice per week, even in the heat of
summer.
• Winter (November 1 – March 31) – Spray irrigation with sprinklers or
irrigation systems at each service address must be limited to no more than
one day per week with education that less than once per week (or not at all)
is usually adequate.
Additional irrigation may be provided by hand-held hose with shutoff nozzle, use of
dedicated irrigation drip zones, and/or soaker hose provided no runoff occurs.
Many North Texas horticulturists have endorsed twice-weekly watering as more
than sufficient for landscapes in the region, even in the heat of summer.
The Town of Prosper has a year-round permitted watering day schedule based on
location zones.
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G. TIME OF DAY WATERING SCHEDULE
NTMWD requires that during the summer months (April 1 – October 31) under
normal conditions, spray irrigation with an irrigation system or sprinkler is only
permitted on authorized watering days, before 10 a.m. or after 6 p.m. The primary
purpose of this measure is to reduce wind drift and evaporation losses during the
active growing season. The time-of-day watering schedule requirement increases
watering efficiency by eliminating outdoor irrigation use when climatic factors
negatively impact irrigation system efficiencies. Midday irrigation is not an optimal
time to irrigate because evapotranspiration rates are higher, and plants are more
susceptible to stress associated with factors such as higher temperatures and
lower relative humidity.
H. IRRIGATION SYSTEM REQUIREMENTS FOR NEW AND COMMERICAL
SYSTEMS
In 2007, the 80th Texas Legislature passed House Bill 1656, Senate Bill 3, and
House Bill 4 related to regulating irrigation systems and irrigators by adopting
minimum standards and specifications for designing, installing, and operating
irrigation systems. The Texas legislation required cities with a population over
20,000 to develop a landscape irrigation program that includes permitting,
inspection, and enforcement of water conservation for new irrigation systems.
NTMWD requires all Member Cities and Customers adhere to a minimum set of
irrigation standards:
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1) Require that all new irrigation systems be in compliance with state design
and installation regulations (Texas Administrative Code Title 30, Chapter 344).
2) Require operational rain and freeze sensors and/or ET or Smart
controllers on all new irrigation systems. Rain and freeze sensors and/or ET or
Smart controllers must be properly maintained to function properly.
3) Require that irrigation systems be inspected at the same time as initial
backflow preventer inspection.
4) Require the owner of a regulated irrigation property to obtain an
evaluation of any permanently installed irrigation system on a 3-year basis. The
irrigation evaluation shall be conducted by a licensed irrigator in the state of Texas
and be submitted to the local water provider (i.e., city, water supply corporation).
I. WATER WASTE PROVISIONS
NTMWD requires all Member Cities and Customers prohibit activities that waste
water. The main purpose of a water waste ordinance is to provide for a means to
enforce that water waste is prevented during lawn and landscape irrigation, that
water resources are conserved for their most beneficial and vital uses, and that
public health is protected. It provides a defined enforcement mechanism for
exceptional neglect related to the proper maintenance and efficient use of water
fixtures, pipes, and irrigation systems. The ordinance can provide additional
assistance or enforcement actions if no corrective action has been taken after a
certain number of correspondences.
NTMWD requires that the following water waste ordinance offenses include:
1) The use of irrigation systems that water impervious surfaces. (Wind-driven
water drift will be taken into consideration.)
2) Outdoor watering during precipitation or freeze events.
3) The use of poorly maintained sprinkler systems that waste water.
4) Excess water runoff or other obvious waste.
5) Overseeding, sodding, sprigging, broadcasting or plugging with cool
season grasses or watering cool season grasses, except for golf courses and
athletic fields.
6) The use of potable water to fill or refill residential, amenity, and any other
natural or manmade ponds. A pond is considered to be a still body of water with a
surface area of 500 square feet or more. This does not include recreational
swimming pools.
7) Non-commercial car washing that does not use a water hose with an
automatic shut-off valve.
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8) Hotels and motels that do not offer a linen reuse water conservation
option to customers.
9) Restaurants, bars, and other commercial food or beverage establishments
that provide drinking water to customers unless a specific request is made by the
customer for drinking water.
As per Town of Prosper ordinance, ORD # enforcement of the offenses stated in
the Water Conservation Plan will be through administrative fees.
8.03 ADDITIONAL CONSERVATION STRATEGIES
A. USE OF ET-BASED WEEKLY WATERING ADVICE/RECOMMENDATIONS
NTMWD requires that Member Cities and Customers adhere to a year-round
outdoor watering schedule. However, this conservation practice can be improved
with the use of ET-based weekly watering advice and recommendations.
Landscapes frequently require less watering than the year-round water schedule
allows. This measure can be particularly useful for entities with a significant
percentage of customers using automated landscape irrigation systems.
Water providers in the Dallas-Fort Worth (DFW) area (including NTMWD) sponsor
weather stations to collect daily weather data and provide the most accurate
watering recommendations. Many cities in the DFW area can already take
advantage of these ET-based recommendations and incorporate them into their
water conservation programs, at no cost to the city. Examples of such a service are
shown below.
• Water My Yard – An online platform where homeowners can sign up to
receive weekly watering recommendations based on their location and a few
specifications about their sprinkler system. Users can then choose to accept
the recommendations by email, text, or both. Recommendations are
available for select cities in Collin, Dallas, Denton, Fannin, Hunt, Kaufman,
and Rockwall Counties. Sponsored by NTMWD and Texas A&M AgriLife
Extension Service (WaterMyYard.org).
• Water Is Awesome Weekly Watering Advice – Weekly watering
recommendations for most of North Texas based on data from weather
stations scattered throughout the DFW area. The recommendations are
distributed by email and text every week and are provided in inches of water
needed and the number of minutes necessary to apply that amount of water
for spray, rotor, and multi-stream sprinklers. Advice service is available for
all of North Central Texas and sponsored by DWU and TRWD.
(https://waterisawesome.com/weekly-watering-advice).
• WaterWise Newsletter and Hotline – The City of Frisco (Frisco) provides
weekly lawn watering advice on the city’s website and through the
WaterWise Newsletter distributed to subscribers every Monday. Frisco also
has a “Weekly Watering Advice Hotline” you can into weekly to get this
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information. Frisco has a weather station that is used to determine how much
water is needed each particular week.
Providing evapotranspiration (ET)-based weekly watering recommendations can
reduce the amount of water applied for outdoor watering if customers follow the
guidance. A drawback with this BMP is the adoption rate. Since these
recommendations may change every week, it requires customers to adjust their
controllers more often.
B. ADDITIONAL WATER WASTE PROVISIONS
As discussed previously, the main purpose of a water waste ordinance is to provide
a means for enforcement that water waste is prevented during lawn and landscape
irrigation, that water resources are conserved for their most beneficial and vital
uses, and that public health is protected. It provides a defined enforcement
mechanism for exceptional neglect related to the proper maintenance and efficient
use of water fixtures, pipes, and irrigation systems. The ordinance can provide
additional assistance or enforcement actions if no corrective action has been taken
after a certain number of correspondences.
1) Sprinkler runoff from a property greater than 50 feet.
2) Operating an irrigation system or other lawn watering device during any
form of precipitation or when temperatures are below 32 degrees Fahrenheit.
3) Failure to repair a controllable leak, including but not limited to a broken
sprinkler head, a leaking valve, leaking or broken pipes, or a leaking faucet.
4) Operating a permanently installed irrigation system with a broken head or
a head that is out of adjustment where the arc of the spray head is over a street or
parking lot.
5) Washing of driveways, sidewalks, parking lots or other impervious surface
areas with an open hose or spray nozzle attached to an open hose, except when
required to eliminate conditions that threaten public health, safety or welfare.
C. OFFER FREE OR DISCOUNTED IRRIGATION SYSTEM CHECK-UPS FOR
RESIDENTIAL CUSTOMERS.
The Town of Prosper offers free sprinkler inspections through the Sprinkler
Evaluation Program. Residents can submit requests through the MyProsper App for
a free sprinkler checkup provided by a licensed irrigator with the Town of Prosper.
The licensed irrigator will evaluate the irrigation system components and controller
settings during the checkup to see if the irrigation system can operate more
efficiently and identify needed repairs or adjustments. They will run the irrigation
system to see if the sprinkler heads function correctly and apply water only to the
intended areas. The licensed irrigator will check and discuss the controller settings
with the homeowner to advise them on the most efficient watering methods.
Through this one-on-one assistance, the licensed irrigator will educate the resident
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on efficient watering practices and promote seasonal adjustment settings and the
“Cycle and Soak’ method. Educational informational handouts are also provided to
residents during the visit. After the evaluation, the licensed irrigator will provide a
report to the residential customer detailing equipment problems and offer
recommendations to change watering habits. The report will also include an
estimated water savings amount based on recommended adjustments to the
controller’s run times.
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Town of Prosper
2024 Water Resource and
Emergency Management Plan
Under Texas Water Code Chapter 11 and Title 30 Texas Administrative Code Chapter 288,
Retail, Irrigation and Wholesale Public Water Suppliers are required to develop, implement, and
submit updated Drought Contingency Plans to TCEQ every five years.
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Table of Contents
Contents .................................................................................................................................... 2
1.0 INTRODUCTION .................................................................................................................. 3
1.01 MINIMUM REGULATORY REQUIREMENTS................................................................. 3
2.00 IMPLEMENTATION AND ENFORCEMENT ....................................................................... 3
2.01 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR INPUT ................ 3
2.02 PROGRAM FOR CONTINUING PUBLIC EDUCATION AND INFORMATION ................ 4
2.03 COORDINATION WITH THE REGIONAL WATER PLANNING GROUPS AND NTMWD4
2.04 INITIATION AND TERMINATION OF WATER RESOURCE MANAGEMENT STAGES . 4
A. INITIATION OF A WATER RESOURCE MANAGEMENT STAGE .................................. 4
B. TERMINATION OF A WATER RESOURCE MANAGEMENT STAGE ............................ 5
2.05 PROCEDURE FOR GRANTING VARIANCES TO THE PLAN ....................................... 5
2.06 PROCEDURES FOR ENFORCING MANDATORY WATER USE RESTRICTIONS ....... 6
2.07 REVIEW AND UPDATE OF WATER RESOURCE AND EMERGENCY MANAGEMENT
PLAN ...................................................................................................................................... 7
3.00 WATER RESOURCE AND EMERGENCY MANAGEMENT PLAN .................................... 7
3.01 WATER RESOURCE MANAGEMENT – STAGE 1 ........................................................ 8
A. INITIATION AND TERMINATION CRITERIA FOR STAGE 1 ......................................... 8
B. GOAL FOR USE REDUCTION UNDER STAGE 1 ......................................................... 9
C. WATER MANAGEMENT MEASURES AVAILABLE UNDER STAGE 1 .......................... 9
3.02 WATER RESOURCE MANAGEMENT – STAGE 2 .......................................................10
A. INITIATION AND TERMINATION CRITERIA FOR STAGE 2 ........................................10
B. GOAL FOR USE REDUCTION UNDER STAGE 2 ........................................................12
C. WATER MANAGEMENT MEASURE AVAILABLE UNDER STAGE 2 ...........................12
3.03 WATER RESOURCE MANAGEMENT – STAGE 3 .......................................................13
A. INTITATION AND TERMINATION CREITERIA FOR STAGE 3 .....................................13
B. GOAL FOR USE REDUCTION UNDER STAGE 3 ........................................................15
C. WATER MANAGEMENT MEASURES AVAILABLE UNDER STAGE 3 .........................15
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1.0 INTRODUCTION
The Town of Prosper is a Customer of the North Texas Municipal Water District
(NTMWD). This Plan was developed following TCEQ guidelines and requirements
governing the development of drought contingency plans.
The goal of the water resource and emergency management plan is to prepare for
potential water shortages and to preserve water for essential uses and the
protection of public health. The objectives to achieve this goal are as follows:
• To save water during droughts, water shortages, and emergencies.
• To save water for domestic use, sanitation, and fire protection.
• To protect and preserve public health, welfare, and safety.
• To reduce the adverse impacts of shortages.
• To reduce the adverse impacts of emergency water supply conditions.
Note: NTMWD refers to their drought contingency plan (DCP) as the water resource
and emergency management plan (WREMP) and should be considered
synonymous with a DCP.
1.01 MINIMUM REGULATORY REQUIREMENTS
A drought contingency plan is defined as “a strategy or combination of strategies
for temporary supply and demand management responses to temporary and
potentially recurring water supply shortages and other water supply emergencies”.
Recognizing the need for efficient use of existing water supplies, TCEQ has
developed guidelines and requirements governing the development of water
conservation and drought contingency plans.
The minimum TCEQ requirements and where they are addressed within this
document are described in Appendix B.
2.00 IMPLEMENTATION AND ENFORCEMENT
2.01 PROVISIONS TO INFORM THE PUBLIC AND OPPORTUNITY FOR INPUT
Town of Prosper provided opportunity for public input in the development of this
Plan by the following means:
• Posting the draft Plan on the community website and/or social media.
• Providing the draft Plan to anyone requesting a copy.
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2.02 PROGRAM FOR CONTINUING PUBLIC EDUCATION AND INFORMATION
Town of Prosper informs and educates the public about the Plan by the following
means:
• Having copies of the plan available at City Hall and/or other appropriate
locations.
• Including information and making the Plan available to the public through the
community website and/or social media.
• Notifying local organizations, schools, and civic groups that utility staff are
available to make presentations on the Plan (usually in conjunction with
presentations on water conservation programs).
• At any time that the Plan is activated or changes, Town of Prosper will notify
local media of the issues, the water resource management stage (if
applicable), and the specific actions required of the public. The information
will also be publicized on the community website and/or social media. Billing
inserts will also be used as appropriate.
2.03 COORDINATION WITH THE REGIONAL WATER PLANNING GROUPS AND
NTMWD
Appendix E of this Plan includes copies of the letters sent to the Chairs of the
appropriate regional water planning groups as well as NTMWD.
2.04 INITIATION AND TERMINATION OF WATER RESOURCE MANAGEMENT
STAGES
A. INITIATION OF A WATER RESOURCE MANAGEMENT STAGE
The Town Manager may order the implementation of a water resource management
stage when one or more of the trigger conditions for that stage is met.
• NTMWD has initiated a water resource management stage. (Stages imposed
by NTMWD action must be initiated by Member Cities and Customers.)
• Water demand is approaching a level that will cause a reduced delivery
capacity for all or part of the distribution system.
• Texas State Governor has declared a drought disaster declaration for Collin
and/or Denton County.
The following actions will be taken when a water resource management stage is
initiated:
• The public will be notified through local media and the supplier’s website.
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• Wholesale customers and NTMWD will be notified by email that provides
details of the reasons for initiation of the water resource management stage.
• If any mandatory provisions of the Plan are activated, Town of Prosper will
notify TCEQ and the NTMWD Executive Director within five business days.
Instructions to report drought contingency plan water use restrictions to
TCEQ is available online at
https://www.tceq.texas.gov/drinkingwater/homeland_security/security_pws.
B. TERMINATION OF A WATER RESOURCE MANAGEMENT STAGE
Water resource management stages initiated by NTMWD may be terminated after
NTMWD has terminated the stage. For stages initiated by the Town Manager, they
may order the termination of a water resource management stage when the
conditions for termination are met or at their discretion.
The following actions will be taken when a water resource management stage is
terminated:
• The public will be notified through local media and the supplier’s website.
• Wholesale customers and NTMWD will be notified by email.
• If any mandatory provisions of the Plan that have been activated are
terminated, Town of Prosper will notify TCEQ Executive Director and the
NTMWD Executive Director within five business days. Instructions to report
drought contingency plan water use restrictions to TCEQ is available online
at
https://www.tceq.texas.gov/drinkingwater/homeland_security/security_pws.
The Town Manager may decide not to order the termination of a water resource
management stage even though the conditions for termination of the stage are met.
Factors which could influence such a decision include, but are not limited to, the
time of the year, weather conditions, or the anticipation of potentially changed
conditions that warrant the continuation of the water resource management stage.
The reason for this decision should be documented.
2.05 PROCEDURE FOR GRANTING VARIANCES TO THE PLAN
The director or designee may grant temporary variances for existing water uses
otherwise prohibited under this Plan if one or more of the following conditions are
met:
• Failure to grant such a variance would cause an emergency condition
adversely affecting health, sanitation, or fire safety for the public or the
person or entity requesting the variance.
• Compliance with this Plan cannot be accomplished due to technical or other
limitations.
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• Alternative methods that achieve the same level of reduction in water use
can be implemented.
Variances shall be granted or denied at the discretion of the director or designee.
All petitions for variances should be in writing and should include the following
information:
• Name and address of the petitioners.
• Purpose of water use.
• Specific provisions from which relief is requested.
• Detailed statement of the adverse effect of the provision from which relief is
requested.
• Description of the relief requested.
• Period of time for which the variance is sought.
• Alternative measures that will be taken to reduce water use and the level of
water use reduction.
• Other pertinent information.
2.06 PROCEDURES FOR ENFORCING MANDATORY WATER USE
RESTRICTIONS
Mandatory water use restrictions may be imposed in Stage 1, Stage 2 and Stage 3.
Staff will implement the Plan in accordance with adoption of the Plan. Appendix F
contains a copy of the ordinance adopted regarding this Plan. The document
designates responsible officials to implement and enforce the Plan.
Administrative fees for violations to the Town’s Water Conservation and Water
Resource and Emergency Management Plan shall be added to the water account
holder’s regular monthly Town utility bill for city expenses incurred due to the
account holder’s violation as follows:
First Offense: Courtesy Door Tag Warning
Second Offense: Certified Letter notifying of violation.
Third Offense: $100
Fourth and Subsequent Offenses: $300
Repeated offenses may result in water service shut off.
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2.07 REVIEW AND UPDATE OF WATER RESOURCE AND EMERGENCY
MANAGEMENT PLAN
As required by TCEQ rules, the Town of Prosper must review their respective Plan
every five years. The plan will be updated as appropriate based on new or updated
information.
3.00 WATER RESOURCE AND EMERGENCY MANAGEMENT
PLAN
Initiation and termination criteria for water management stages include general,
demand, supply, and emergency criteria. One of the major indicators of
approaching or ongoing drought conditions is NTMWD’s combined reservoir
storage, defined as storage at Lavon Lake plus storage in Bois d’Arc Lake. Percent
storage is determined by dividing the current storage by the total conservation
storage when the lakes are full. Table 1 summarizes the water management stages
by triggers based on percent combined storage and associated demand reduction
goals and outdoor watering restrictions. The following sections go into more detail
on the three water management stages.
TCEQ requires notification when mandatory restrictions are placed on a customer.
NTMWD must notify TCEQ when they impose mandatory restrictions on Member
Cities and Customers. Member Cities and Customers must likewise notify TCEQ
when they impose mandatory restrictions on their customers (wholesale or retail).
Measures that impose mandatory requirements on customers are denoted with
“requires notification to TCEQ”.
NTMWD and the utilities must notifyTCEQ within five business days if these
measures are implemented (http://www.tceq.texas.gov/response/drought-and-
public-water-systems).
Table 1: Water Management Plan Stage Summary
Drought Stage
April to October November to
March Demand
Reduction
Goal
Outdoor Watering
Restrictions Percent Combined Storage
Stage 1
Initiation 70% 60%
2% 2X per week (Apri-Oct)
1X per week (Nov-Mar) Termination 75% 65%
Stage 2
Initiation 55% 45%
5%
1X per week (Apr-Oct)
1X every other week
(Nov-Mar) Termination 70% 60%
Stage 3
Initiation 30% 20%
30% No outdoor watering
Termination 55% 45%
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3.01 WATER RESOURCE MANAGEMENT – STAGE 1
A. INITIATION AND TERMINATION CRITERIA FOR STAGE 1
NTMWD has initiated Stage 1, which may be initiated when one or more of the
following criteria is met:
• General Criteria
o The Executive Director, with the concurrence of the NTMWD Board of
Directors, finds that conditions warrant the declaration of Stage 1.
o One or more source(s) is interrupted, unavailable, or limited due to
contamination, invasive species, equipment failure or other cause.
o The water supply system is unable to deliver needed supplies due to
the failure or damage of major water system components.
o Part of the system has a shortage of supply or damage to equipment.
(NTMWD may implement measures for only that portion of the system
impacted.)
o A portion of the service area is experiencing an extreme weather
event or power grid/supply disruptions.
• Demand Criteria
o Water demand has exceeded or is expected to exceed 90% of
maximum sustainable production or delivery capacity for an extended
period.
• Supply Criteria
o The combined storage in Lavon and Bois d’Arc Lake, as published by
the TWDB, is less than:
o 70% of the combined conservation pool capacity during any of the
months of April through October
o 60% of the combined conservation pool capacity during any of the
months of November through March
o The Sabine River Authority (SRA) has indicated that its Upper Basin
water supplies used by NTMWD (Lake Tawakoni and/or Lake Fork) are
in a Stage 1 drought.
o NTMWD is concerned that Lake Texoma, Jim Chapman Lake, the East
Fork Water Reuse Project, Main Stem Pump Station, and/or some
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other NTMWD water source may be limited in availability within the
next six months.
Stage 1 may terminate when one or more of the following criteria is met:
• General Criteria
o The Executive Director, with the concurrence of the NTMWD Board of
Directors, finds that conditions warrant the termination of Stage 1.
o The circumstances that caused the initiation of Stage 1 no longer
prevail.
• Supply Criteria
o The combined storage in Lavon and Bois d’Arc Lakes, as published by
the TWDB, is greater than:
75% of the combined conservation pool capacity during any of
the months of April through October
65% of the combined conservation pool capacity during any of
the months of November through March
B. GOAL FOR USE REDUCTION UNDER STAGE 1
The goal for water use reduction under Stage 1 is an annual reduction of 2% in the
use that would have occurred in the absence of water management measures.
Because discretionary water use is highly concentrated in the summer months,
savings should be higher than 5% in summer to achieve an annual savings goal of
2%. If circumstances warrant, the Executive Director can set a goal for greater
or less water use reduction.
C. WATER MANAGEMENT MEASURES AVAILABLE UNDER STAGE 1
The actions listed below are provided as potential measures to reduce water
demand. NTMWD may choose to implement any or all of the available restrictions
in Stage 1.
• Requires notification to TCEQ by NTMWD. Require Member Cities and
Customers (including indirect Customers) to initiate Stage 1 restrictions in
their respective, independently adopted water resource management plans.
• Continue actions described in the water conservation plan.
• Increase enforcement of landscape watering restrictions from the water
conservation plan.
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• Initiate engineering studies to evaluate alternative actions that can be
implemented if conditions worsen.
• Accelerate public education efforts on ways to reduce water use.
• Halt non-essential NTMWD water use.
• Encourage the public to wait until the current drought or water emergency
situation has passed before establishing new landscaping.
• Encourage all users to reduce the frequency of draining and refilling
swimming pools.
• Requires notification to TCEQ by Member Cities and Customers and/or
NTMWD. Initiate a rate surcharge for all water use over a certain level.
• Requires notification to TCEQ by Member Cities and Customers. Parks,
golf courses, and athletic fields using potable water for landscape watering
are required to meet the same reduction goals and measures outlined in this
stage. As an exception, golf course greens and tee boxes may be hand
watered as needed.
3.02 WATER RESOURCE MANAGEMENT – STAGE 2
A. INITIATION AND TERMINATION CRITERIA FOR STAGE 2
NTMWD has initiated Stage 2, which may be initiated due to one or more of the
following criteria is met:
• General Criteria
o The Executive Director, with the concurrence of the NTMWD Board of
Directors, finds that conditions warrant the declaration of Stage 2.
o One or more supply source(s) is interrupted, unavailable, or limited
due to contamination, invasive species, equipment failure or other
cause.
o The water supply system is unable to deliver needed supplies due to
the failure or damage of major water system components.
o Part of the system has a shortage of supply or damage to equipment.
(NTMWD may implement measures for only that portion of the system
impacted.)
o A portion of the service area is experiencing an extreme weather
event or power grid/supply disruptions.
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• Demand Criteria
o Water demand has exceeded or is expected to exceed 95% of
maximum sustainable production or delivery capacity for an extended
period.
• Supply Criteria
o The combined storage in Lavon and Bois d’Arc Lake, as published by
the TWDB, is less than
55% of the combined conservation pool capacity during any of
the months of April through October
45% of the combined conservation pool capacity during any of
the months of November through March
o SRA has indicated that its Upper Basin water supplies used by
NTMWD (Lake Tawakoni and/or Lake Fork) are in a Stage 2 drought.
o NTMWD is concerned that Lake Texoma, Jim Chapman Lake, the East
Fork Water Reuse Project, the Main Stem Pump Station, and/or some
other NTMWD water source may be limited in availability within the
next three months.
Stage 2 may terminate when one or more of the following criteria is met:
• General Criteria
o The Executive Director, with the concurrence of the NTMWD Board of
Directors, finds that conditions warrant the termination of Stage 2.
o The circumstances that caused the initiation of Stage 2 no longer
prevail.
• Supply Criteria
o The combined storage in Lavon and Bois d’Arc Lake, as published by
the TWDB, is greater than
70% of the combined conservation pool capacity during any of
the months of April through October
60% of the combined conservation pool capacity during any of
the months of November through March
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B. GOAL FOR USE REDUCTION UNDER STAGE 2
The goal for water use reduction under Stage 2 is an annual reduction of 5% in the
use that would have occurred in the absence of water resource management
measures. Because discretionary water use is highly concentrated in the summer
months, savings should be higher than 5% in summer to achieve an annual savings
goal of 5%. If circumstances warrant, the Executive Director can set a goal for
greater or less water use reduction.
C. WATER MANAGEMENT MEASURE AVAILABLE UNDER STAGE 2
The actions listed below are provided as potential measures to reduce water
demand. NTMWD may choose to implement any or all of the available restrictions
in Stage 2.
• Continue or initiate any actions available under the water conservation plan
and Stage 1.
• Implement viable alternative water supply strategies.
• Requires notification to TCEQ by NTMWD. Require Member Cities and
Customers (including indirect Customers) to initiate Stage 2 restrictions in
their respective, independently adopted water resource management plans.
• Requires notification to TCEQ by NTMWD and/or Member Cities and
Customers. Limit landscape watering with sprinklers or irrigation systems at
each service address to once per week on designated days between April 1
and October 31. Limit landscape watering with sprinklers or irrigation
systems at each service address to once every other week on designated
days between November 1 and March 31. Exceptions are as follows:
o New construction may be watered as necessary for 30 days from the
installation of new landscape features.
o Foundation watering (within 2 feet), watering of new plantings (first
year) of shrubs, and watering of trees (within a 10-foot radius of its
trunk) for up to two hours on any day by a hand-held hose, a soaker
hose, or a dedicated zone using a drip irrigation system, provided no
runoff occurs.
o Athletic fields may be watered twice per week.
o Locations using alternative sources of water supply only for irrigation
may irrigate without day-of-the-week restrictions provided proper
signage is employed to notify the public of the alternative water
source(s) being used. However, irrigation using alternative sources of
supply is subject to all other restrictions applicable to this stage. If the
alternative supply source is a well, proper proof of well registration
with your local water supplier (e.g., city, water supply corporation) is
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required. Other sources of water supply may not include imported
treated water.
o An exemption is for drip irrigation systems from the designated
outdoor water use day limited to no more than one day per week. Drip
irrigation systems are, however, subject to all other restrictions
applicable under this stage.
• Requires notification to TCEQ by Member Cities and Customers. Prohibit
overseeding, sodding, sprigging, broadcasting or plugging with or watering,
except for golf courses and athletic fields.
• Requires notification to TCEQ by NTMWD. Institute a mandated reduction
in water deliveries to all Member Cities and Customers. Such a reduction
will be distributed as required by Texas Water Code Section 11.039
• Requires notification to TCEQ by Member Cities and Customers and/or
NTMWD. Initiate a rate surcharge for all water use over a certain level.
• Requires notification to TCEQ by Member Cities and Customers. Parks
and golf courses using potable water for landscape watering are required to
meet the same reduction goals and measures outlined in this stage. As an
exception, golf course greens and tee boxes may be hand watered as
needed.
3.03 WATER RESOURCE MANAGEMENT – STAGE 3
A. INTITATION AND TERMINATION CREITERIA FOR STAGE 3
NTMWD has initiated Stage 3, which may be initiated due to one or more of the
following criteria is met:
• General Criteria
o The Executive Director, with the concurrence of the NTMWD Board of
Directors, finds that conditions warrant the declaration of Stage 3.
o One or more supply source(s) is interrupted, unavailable, or limited
due to contamination, invasive species, equipment failure, or other
cause.
o The water supply system is unable to deliver needed supplies due to
the failure or damage of major water system components.
o Part of the system has a shortage of supply or damage to equipment.
(NTMWD may implement measures for only that portion of the system
impacted.)
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o A portion of the service area is experiencing an extreme weather
event or power grid/supply disruptions.
• Demand Criteria
o Water demand has exceeded or is expected to exceed maximum
sustainable production or delivery capacity for an extended period.
• Supply Criteria
o The combined storage in Lavon and Bois d’Arc Lake, as published by
the TWDB, is less than
30% of the combined conservation pool capacity during any of
the months of April through October
20% of the combined conservation pool capacity during any of
the months of November through March
• SRA has indicated that its Upper Basin water supplies used by NTMWD
(Lake Tawakoni and/or Lake Fork) are in a drought and have significantly
reduced supplies available to NTMWD.
• The supply from Lake Texoma, Jim Chapman Lake, the East Fork Water
Reuse Project, the Main Stem Pump Station, and/or some other NTMWD
water source has become limited in availability.
Stage 3 may terminate when one or more of the following criteria is met:
• General Criteria
o The Executive Director, with the concurrence of the NTMWD Board of
Directors, finds that conditions warrant the termination of Stage 3.
o Other circumstances that caused the initiation of Stage 3 no longer
prevail.
• Supply Criteria
o The combined storage in Lavon and Bois d’Arc Lake, as published by
the TWDB, is greater than:
55% of the combined conservation pool capacity during any of
the months of April through October
45% of the combined conservation pool capacity during any of
the months of November through March
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B. GOAL FOR USE REDUCTION UNDER STAGE 3
The goal for water use reduction under Stage 3 is an annual reduction of 30% in
the use that would have occurred in the absence of water resource management
measures, or the goal for water use reduction is whatever reduction is necessary.
Because discretionary water use is highly concentrated in the summer months,
savings should be higher than 30% in summer to achieve an annual savings goal of
30%. If circumstances warrant, the Executive Director can set a goal for
greater or less water use reduction.
C. WATER MANAGEMENT MEASURES AVAILABLE UNDER STAGE 3
The actions listed below are provided as potential measures to reduce water
demand. NTMWD may choose to implement any or all of the available restrictions
in Stage 3.
• Continue or initiate any actions available under the water conservation plan
and Stages 1 and 2.
• Implement viable alternative water supply strategies.
• Requires notification to TCEQ by NTMWD. Require Member Cities and
Customers (including indirect Customers) to initiate Stage 3 restrictions in
their respective, independently adopted water resource management plans.
• Requires notification to TCEQ by Member Cities and Customers. Initiate
mandatory water use restrictions as follows:
o Hosing and washing of paved areas, buildings, structures, windows or
other surfaces is prohibited except by variance and performed by a
professional service using high efficiency equipment.
o Prohibit operation of ornamental fountains or ponds that use potable
water except where supporting aquatic life.
• Requires notification to TCEQ by Member Cities and Customers. Prohibit
new sod, overseeding, sodding, sprigging, broadcasting or plugging with or
watering.
• Requires notification to TCEQ by Member Cities and Customers. Prohibit
the use of potable water for the irrigation of new landscape.
• Requires notification to TCEQ by NTMWD and/or Member Cities and
Customers. Prohibit all commercial and residential landscape watering,
except foundations (within 2 feet) and trees (within a 10-foot radius of its
trunk) may be watered for two hours one day per week with a hand-held
hose, a soaker hose, or a dedicated zone using a drip irrigation system
provided no runoff occurs. Drip irrigation systems are not exempt from this
requirement.
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• Requires notification to TCEQ by Member Cities and Customers. Prohibit
washing of vehicles except at a commercial vehicle wash facility.
• Requires notification to TCEQ by Member Cities and Customers.
Landscape watering of parks, golf courses, and athletic fields with potable
water is prohibited. As an exception, golf course greens and tee boxes may
be hand watered as needed. Variances may be granted by the water provider
under special circumstances.
• Requires notification to TCEQ by Member Cities and Customers. Prohibit
the filling, draining, and/or refilling of existing swimming pools, wading pools,
Jacuzzi and hot tubs except to maintain structural integrity, proper operation
and maintenance or to alleviate a public safety risk. Existing pools may add
water to replace losses from normal use and evaporation. Permitting of new
swimming pools, wading pools, Jacuzzi and hot tubs is prohibited.
• Requires notification to TCEQ by Member Cities and Customers. Prohibit
the operation of interactive water features such as water sprays, dancing
water jets, waterfalls, dumping buckets, shooting water cannons, inflatable
pools, temporary splash toys or pools, slip-n -slides, or splash pads that are
maintained for recreation.
• Requires notification to TCEQ by Member Cities and Customers. Require
all commercial water users to reduce water use by a set percentage.
• Requires notification to TCEQ by NTMWD. Institute a mandated reduction
in deliveries to all Member Cities and Customers. Such a reduction will be
distributed as required by Texas Water Code Section 11.039.
• Requires notification to TCEQ by NTMWD and/or Member Cities and
Customers. Initiate a rate surcharge over normal rates for all water use or
for water use over a certain level.
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Appendix A
List of References
This Water Conservation Plan has been developed in accordance with the requirements of 30
Texas Administrative Code (TAC) Chapter 288. A copy of the version of 30 TAC Chapter 288 in
place at the time of this Plan preparation is included in Appendix B.
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APPENDIX A
LIST OF REFERENCES
1. Texas Commission on Environmental Quality Water Conservation
Implementation Report.
https://www.tceq.texas.gov/assets/public/permitting/forms/20645.pdf
2. Title 30 of the Texas Administrative Code, Part 1, Chapter 288, Subchapter
A, Rules 288.1 and 288.5, and Subchapter B, Rule 288.22, downloaded from
http://texreg.sos.state.tx.us/public/readtac$ext.ViewTAC?tac_view=4&ti=30&
pt=1&ch=288, April 2023.
3. Water Conservation Implementation Task Force: “Texas Water Development
Board Report 362, Water Conservation Best Management Practices Guide,”
prepared for the Texas Water Development Board, Austin, November 2004.
4. Texas Water Development Board, Texas Commission on Environmental
Quality, Water Conservation Advisory Council: Guidance and Methodology
for Reporting on Water Conservation and Water Use, December 2012
5. Freese and Nichols, Inc.: Model Water Conservation Plan for NTMWD
Members Cities and Customers, prepared for the North Texas Municipal
Water District, Fort Worth, January 2019.
6. Freese and Nichols, Inc.: Model Water Resource and Emergency
Management Plan for NTMWD Members Cities and Customers, prepared for
the North Texas Municipal Water District, Fort Worth, January 2019.
7. Freese and Nichols Inc, Alan Plummer Associates, Inc., CP & Y Inc.,
Cooksey Communications. “2021 Region C Water Plan”
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Appendix B
Texas Administrative Code Title 30
Chapter 288
The following appendix contains the Texas Administrative Code that regulates both water
conservation and drought contingency plans. Prior to the code, a summary is given that outlines
where each requirement is fulfilled within the plans.
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APPENDIX B
TEXAS ADMINISTRATIVE CODE TITLE 30 CHAPTER 288
TCEQ rules governing development of water conservation plans are contained in
Title 30, Chapter 288, Subchapter A of the Texas Administrative Code, which is
included in this Appendix for reference.
The water conservation plan elements required by TCEQ water conservation rules
that are covered in this water conservation plan are listed below.
Minimum Conservation Plan Requirements for Public Water Suppliers
• 288.2(a)(1)(A) – Utility Profile – Section 2
• 288.2(a)(1)(B) – Record Management System – Section 4
• 288.2(a)(1)(C) – Specific, Quantified Goals – Section 3
• 288.2(a)(1)(D) – Accurate Metering – Section 4
• 288.2(a)(1)(E) – Universal Metering – Section 4
• 288.2(a)(1)(F) – Determination and Control of Water Loss – Section 4
• 288.2(a)(1)(G) – Public Education and Information Program – Section 8
• 288.2(a)(1)(H) – Non-Promotional Water Rate Structure – Section 8
• 288.2(a)(1)(I) – Reservoir System Operation Plan – Section 6
• 288.2(a)(1)(J) – Means of Implementation and Enforcement – Section 7
• 288.2(a)(1)(K) – Coordination with Regional Water Planning Group – Section
7
• 288.2(c) – Review and Update of Plan – Section 7
Additional Requirements for Public Water Suppliers (Population over 5,000)
• 288.2(a)(2)(A) – Leak Detection, Repair, and Water Loss Accounting –
Section 4
• 288.2(a)(2)(B) – Requirement for Water Conservation Plans by Wholesale
Customers – Section 5
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TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT
CONTINGENCY PLANS, GUIDELINES AND REQUIREMENTS
SUBCHAPTER A WATER CONSERVATION PLANS
RULE §288.1 Definitions
The following words and terms, when used in this chapter, shall have the following
meanings, unless the context clearly indicates otherwise.
(1) Agricultural or Agriculture--Any of the following activities:
(A) cultivating the soil to produce crops for human food, animal feed, or planting
seed or for the production of fibers;
(B) the practice of floriculture, viticulture, silviculture, and horticulture, including
the cultivation of plants in containers or non-soil media by a nursery grower;
(C) raising, feeding, or keeping animals for breeding purposes or for the
production of food or fiber, leather, pelts, or other tangible products having a
commercial value;
(D) raising or keeping equine animals;
(E) wildlife management; and
(F) planting cover crops, including cover crops cultivated for transplantation, or
leaving land idle for the purpose of participating in any governmental program or
normal crop or livestock rotation procedure.
(2) Agricultural use--Any use or activity involving agriculture, including irrigation.
(3) Best management practices--Voluntary efficiency measures that save a
quantifiable amount of water, either directly or indirectly, and that can be
implemented within a specific time frame.
(4) Conservation--Those practices, techniques, and technologies that reduce the
consumption of water, reduce the loss or waste of water, improve the efficiency in
the use of water, or increase the recycling and reuse of water so that a water
supply is made available for future or alternative uses.
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(5) Commercial use--The use of water by a place of business, such as a hotel,
restaurant, or office building. This does not include multi-family residences or
agricultural, industrial, or institutional users.
(6) Drought contingency plan--A strategy or combination of strategies for
temporary supply and demand management responses to temporary and potentially
recurring water supply shortages and other water supply emergencies. A drought
contingency plan may be a separate document identified as such or may be
contained within another water management document(s).
(7) Industrial use--The use of water in processes designed to convert materials of
a lower order of value into forms having greater usability and commercial value,
and the development of power by means other than hydroelectric, but does not
include agricultural use.
(8) Institutional use--The use of water by an establishment dedicated to public
service, such as a school, university, church, hospital, nursing home, prison or
government facility. All facilities dedicated to public service are considered
institutional regardless of ownership.
(9) Irrigation--The agricultural use of water for the irrigation of crops, trees, and
pastureland, including, but not limited to, golf courses and parks which do not
receive water from a public water supplier.
(10) Irrigation water use efficiency--The percentage of that amount of irrigation
water which is beneficially used by agriculture crops or other vegetation relative to
the amount of water diverted from the source(s) of supply. Beneficial uses of water
for irrigation purposes include, but are not limited to, evapotranspiration needs for
vegetative maintenance and growth, salinity management, and leaching
requirements associated with irrigation.
(11) Mining use--The use of water for mining processes including hydraulic use,
drilling, washing sand and gravel, and oil field re-pressuring.
(12) Municipal use--The use of potable water provided by a public water supplier
as well as the use of sewage effluent for residential, commercial, industrial,
agricultural, institutional, and wholesale uses.
(13) Nursery grower--A person engaged in the practice of floriculture, viticulture,
silviculture, and horticulture, including the cultivation of plants in containers or
nonsoil media, who grows more than 50% of the products that the person either
sells or leases, regardless of the variety sold, leased, or grown. For the purpose of
this definition, grow means the actual cultivation or propagation of the product
beyond the mere holding or maintaining of the item prior to sale or lease, and
typically includes activities associated with the production or multiplying of stock
such as the development of new plants from cuttings, grafts, plugs, or seedlings.
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(14) Pollution--The alteration of the physical, thermal, chemical, or biological
quality of, or the contamination of, any water in the state that renders the water
harmful, detrimental, or injurious to humans, animal life, vegetation, or property, or
to the public health, safety, or welfare, or impairs the usefulness or the public
enjoyment of the water for any lawful or reasonable purpose.
(15) Public water supplier--An individual or entity that supplies water to the public
for human consumption.
(16) Regional water planning group--A group established by the Texas Water
Development Board to prepare a regional water plan under Texas Water Code
§16.053.
(17) Residential gallons per capita per day--The total gallons sold for residential
use by a public water supplier divided by the residential population served and then
divided by the number of days in the year.
(18) Residential use--The use of water that is billed to single and multi-family
residences, which applies to indoor and outdoor uses.
(19) Retail public water supplier--An individual or entity that for compensation
supplies water to the public for human consumption. The term does not include an
individual or entity that supplies water to itself or its employees or tenants when
that water is not resold to or used by others.
(20) Reuse--The authorized use for one or more beneficial purposes of use of
water that remains unconsumed after the water is used for the original purpose of
use and before that water is either disposed of or discharged or otherwise allowed
to flow into a watercourse, lake, or other body of state-owned water.
(21) Total use--The volume of raw or potable water provided by a public water
supplier to billed customer sectors or nonrevenue uses and the volume lost during
conveyance, treatment, or transmission of that water.
(22) Total gallons per capita per day (GPCD)--The total amount of water diverted
and/or pumped for potable use divided by the total permanent population divided
by the days of the year. Diversion volumes of reuse as defined in this chapter shall
be credited against total diversion volumes for the purposes of calculating GPCD
for targets and goals.
(23) Water conservation coordinator--The person designated by a retail public
water supplier that is responsible for implementing a water conservation plan.
(24) Water conservation plan--A strategy or combination of strategies for reducing
the volume of water withdrawn from a water supply source, for reducing the loss or
waste of water, for maintaining or improving the efficiency in the use of water, for
increasing the recycling and reuse of water, and for preventing the pollution of
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water. A water conservation plan may be a separate document identified as such or
may be contained within another water management document(s).
(25) Wholesale public water supplier--An individual or entity that for compensation
supplies water to another for resale to the public for human consumption. The term
does not include an individual or entity that supplies water to itself or its employees
or tenants as an incident of that employee service or tenancy when that water is
not resold to or used by others, or an individual or entity that conveys water to
another individual or entity, but does not own the right to the water which is
conveyed, whether or not for a delivery fee.
(26) Wholesale use--Water sold from one entity or public water supplier to other
retail water purveyors for resale to individual customers.
Source Note: The provisions of this §288.1 adopted to be effective May 3, 1993,
18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949;
amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective
August 15, 2002, 27 TexReg 7146; amended to be effective October 7, 2004, 29
TexReg 9384; amended to be effective January 10, 2008, 33 TexReg 193; amended
to be effective December 6, 2012, 37 TexReg 9515; amended to be effective August
16, 2018, 43 TexReg 5218
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TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY
PLANS, GUIDELINES AND REQUIREMENTS
SUBCHAPTER A WATER CONSERVATION PLANS
RULE §288.2 Water Conservation Plans for Municipal Uses by Public
Water Suppliers
(a) A water conservation plan for municipal water use by public water suppliers
must provide information in response to the following. If the plan does not provide
information for each requirement, the public water supplier shall include in the plan
an explanation of why the requirement is not applicable.
(1) Minimum requirements. All water conservation plans for municipal uses by
public water suppliers must include the following elements:
(A) a utility profile in accordance with the Texas Water Use Methodology,
including, but not limited to, information regarding population and customer data,
water use data (including total gallons per capita per day (GPCD) and residential
GPCD), water supply system data, and wastewater system data;
(B) a record management system which allows for the classification of water
sales and uses into the most detailed level of water use data currently available to
it, including, if possible, the sectors listed in clauses (i) - (vi) of this subparagraph.
Any new billing system purchased by a public water supplier must be capable of
reporting detailed water use data as described in clauses (i) - (vi) of this
subparagraph:
(i) residential;
(I) single family;
(II) multi-family;
(ii) commercial;
(iii) institutional;
(iv) industrial;
(v) agricultural; and,
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(vi) wholesale.
(C) specific, quantified five-year and ten-year targets for water savings to
include goals for water loss programs and goals for municipal use in total GPCD
and residential GPCD. The goals established by a public water supplier under this
subparagraph are not enforceable;
(D) metering device(s), within an accuracy of plus or minus 5.0% in order to
measure and account for the amount of water diverted from the source of supply;
(E) a program for universal metering of both customer and public uses of water,
for meter testing and repair, and for periodic meter replacement;
(F) measures to determine and control water loss (for example, periodic visual
inspections along distribution lines; annual or monthly audit of the water system to
determine illegal connections; abandoned services; etc.);
(G) a program of continuing public education and information regarding water
conservation;
(H) a water rate structure which is not "promotional," i.e., a rate structure which
is cost-based and which does not encourage the excessive use of water;
(I) a reservoir systems operations plan, if applicable, providing for the
coordinated operation of reservoirs owned by the applicant within a common
watershed or river basin in order to optimize available water supplies; and
(J) a means of implementation and enforcement which shall be evidenced by:
(i) a copy of the ordinance, resolution, or tariff indicating official adoption of the
water conservation plan by the water supplier; and
(ii) a description of the authority by which the water supplier will implement and
enforce the conservation plan; and
(K) documentation of coordination with the regional water planning groups for
the service area of the public water supplier in order to ensure consistency with the
appropriate approved regional water plans.
(2) Additional content requirements. Water conservation plans for municipal uses
by public drinking water suppliers serving a current population of 5,000 or more
and/or a projected population of 5,000 or more within the next ten years
subsequent to the effective date of the plan must include the following elements:
(A) a program of leak detection, repair, and water loss accounting for the water
transmission, delivery, and distribution system;
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(B) a requirement in every wholesale water supply contract entered into or
renewed after official adoption of the plan (by either ordinance, resolution, or
tariff), and including any contract extension, that each successive wholesale
customer develop and implement a water conservation plan or water conservation
measures using the applicable elements in this chapter. If the customer intends to
resell the water, the contract between the initial supplier and customer must
provide that the contract for the resale of the water must have water conservation
requirements so that each successive customer in the resale of the water will be
required to implement water conservation measures in accordance with the
provisions of this chapter.
(3) Additional conservation strategies. Any combination of the following strategies
shall be selected by the water supplier, in addition to the minimum requirements in
paragraphs (1) and (2) of this subsection, if they are necessary to achieve the
stated water conservation goals of the plan. The commission may require that any
of the following strategies be implemented by the water supplier if the commission
determines that the strategy is necessary to achieve the goals of the water
conservation plan:
(A) conservation-oriented water rates and water rate structures such as uniform
or increasing block rate schedules, and/or seasonal rates, but not flat rate or
decreasing block rates;
(B) adoption of ordinances, plumbing codes, and/or rules requiring water-
conserving plumbing fixtures to be installed in new structures and existing
structures undergoing substantial modification or addition;
(C) a program for the replacement or retrofit of water-conserving plumbing
fixtures in existing structures;
(D) reuse and/or recycling of wastewater and/or graywater;
(E) a program for pressure control and/or reduction in the distribution system
and/or for customer connections;
(F) a program and/or ordinance(s) for landscape water management;
(G) a method for monitoring the effectiveness and efficiency of the water
conservation plan; and
(H) any other water conservation practice, method, or technique which the water
supplier shows to be appropriate for achieving the stated goal or goals of the water
conservation plan.
(b) A water conservation plan prepared in accordance with 31 TAC §363.15
(relating to Required Water Conservation Plan) of the Texas Water Development
Board and substantially meeting the requirements of this section and other
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applicable commission rules may be submitted to meet application requirements in
accordance with a memorandum of understanding between the commission and the
Texas Water Development Board.
(c) A public water supplier for municipal use shall review and update its water
conservation plan, as appropriate, based on an assessment of previous five-year
and ten-year targets and any other new or updated information. The public water
supplier for municipal use shall review and update the next revision of its water
conservation plan every five years to coincide with the regional water planning
group.
Source Note: The provisions of this §288.2 adopted to be effective May 3, 1993,
18 TexReg 2558; amended to be effective February 21, 1999, 24 TexReg 949;
amended to be effective April 27, 2000, 25 TexReg 3544; amended to be effective
October 7, 2004, 29 TexReg 9384; amended to be effective December 6, 2012, 37
TexReg 9515
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APPENDIX B
TEXAS ADMINISTRATIVE CODE TITLE 30 CHAPTER 288
TCEQ rules governing development of water conservation plans are contained in
Title 30, Chapter 288, Subchapter A of the Texas Administrative Code, which is
included in this Appendix for reference.
The water conservation plan elements required by TCEQ water conservation rules
that are covered in this drought contingency plan are listed below.
Minimum Drought Contingency Plan Requirements for Public Water Suppliers
• 288.20(a)(1)(A) – Provisions to Inform Public and Provide Opportunity for
Public Input - Section 2
• 288.20(a)(1)(B) – Program for Continuing Public Education and Information –
Section 2
• 288.20(a)(1)(C) –Coordination with Regional Water Planning Groups –
Section 2
• 288.20(a)(1)(D) – Description of Information to Be Monitored and Criteria for
the Initiation and Termination of Water Resource Management Stages –
Sections 2
• 288.20(a)(1)(E) – Stages for Implementation of Measures in Response to
Situations – Section 3
• 288.20(a)(1)(F) – Specific, Quantified Targets for Water Use Reductions
During Water Shortages – Section 3
• 288.20(a)(1)(G) – Specific Water Supply or Water Demand Measures to Be
Implemented at Each Stage of the Plan – Section 3
• 288.20(a)(1)(H) – Procedures for Initiation and Termination of Drought
Contingency and Water Emergency Response Stages – Section 2
• 288.20(a)(1)(I) – Description of Procedures to Be Followed for Granting
Variances to the Plan – Section 2
• 288.20(a)(1)(J) – Procedures for Enforcement of Mandatory Water Use
Restrictions – Section 2
• 288.20(b) – TCEQ Notification of Implementation of Mandatory Provisions –
Sections 2 and 3
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• 288.20(c) – Review of Drought Contingency and Water Emergency Response
Plan Every Five (5) Years – Section 2
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TITLE 30 ENVIRONMENTAL QUALITY
PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 288 WATER CONSERVATION PLANS, DROUGHT CONTINGENCY
PLANS, GUIDELINES AND REQUIREMENTS
SUBCHAPTER B DROUGHT CONTINGENCY PLANS
RULE §288.20 Drought Contingency Plans for Municipal Uses by Public
Water Suppliers
(a) A drought contingency plan for a retail public water supplier, where applicable,
must include the following minimum elements.
(1) Minimum requirements. Drought contingency plans must include the following
minimum elements.
(A) Preparation of the plan shall include provisions to actively inform the public
and affirmatively provide opportunity for public input. Such acts may include, but
are not limited to, having a public meeting at a time and location convenient to the
p ublic and providing written notice to the public concerning the proposed plan and
meeting.
(B) Provisions shall be made for a program of continuing public education and
information regarding the drought contingency plan.
(C) The drought contingency plan must document coordination with the regional
water planning groups for the service area of the retail public water supplier to
ensure consistency with the appropriate approved regional water plans.
(D) The drought contingency plan must include a description of the information
to be monitored by the water supplier, and specific criteria for the initiation and
termination of drought response stages, accompanied by an explanation of the
rationale or basis for such triggering criteria.
(E) The drought contingency plan must include drought or emergency response
stages providing for the implementation of measures in response to at least the
following situations:
(i) reduction in available water supply up to a repeat of the drought of record;
(ii) water production or distribution system limitations;
(iii) supply source contamination; or
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(iv) system outage due to the failure or damage of major water system
components (e.g., pumps).
(F) The drought contingency plan must include specific, quantified targets for
water use reductions to be achieved during periods of water shortage and drought.
The entity preparing the plan shall establish the targets. The goals established by
the entity under this subparagraph are not enforceable.
(G) The drought contingency plan must include the specific water supply or
water demand management measures to be implemented during each stage of the
plan including, but not limited to, the following:
(i) curtailment of non-essential water uses; and
(ii) utilization of alternative water sources and/or alternative delivery
mechanisms with the prior approval of the executive director as appropriate (e.g.,
interconnection with another water system, temporary use of a non-municipal water
supply, use of reclaimed water for non-potable purposes, etc.).
(H) The drought contingency plan must include the procedures to be followed for
the initiation or termination of each drought response stage, including procedures
for notification of the public.
(I) The drought contingency plan must include procedures for granting variances
to the plan.
(J) The drought contingency plan must include procedures for the enforcement
of mandatory water use restrictions, including specification of penalties (e.g., fines,
water rate surcharges, discontinuation of service) for violations of such restrictions.
(2) Privately-owned water utilities. Privately-owned water utilities shall prepare a
drought contingency plan in accordance with this section and incorporate such plan
into their tariff.
(3) Wholesale water customers. Any water supplier that receives all or a portion of
its water supply from another water supplier shall consult with that supplier and
shall include in the drought contingency plan appropriate provisions for responding
to reductions in that water supply.
(b) A wholesale or retail water supplier shall notify the executive director within five
business days of the implementation of any mandatory provisions of the drought
contingency plan.
(c) The retail public water supplier shall review and update, as appropriate, the
drought contingency plan, at least every five years, based on new or updated
information, such as the adoption or revision of the regional water plan.
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Town of Prosper
Source Note: The provisions of this §288.20 adopted to be effective February 21,
1999, 24 TexReg 949; amended to be effective April 27, 2000, 25 TexReg 3544;
amended to be effective October 7, 2004, 29 TexReg 9384
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Appendix C
TCEQ Water Utility Profile
The following appendix contains the form TCEQ-10218.
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TCEQ-10218 (Rev. 04/2022) Page 1 of 12
Texas Commission on Environmental Quality
Water Availability Division
MC-160, P.O. Box 13087 Austin, Texas 78711-3087
Telephone (512) 239-4600, FAX (512) 239-2214
Utility Profile and Water Conservation Plan Requirements
for Municipal Water Use by Retail Public Water Suppliers
This form is provided to assist retail public water suppliers in water conservation plan assistance
in completing this form or in developing your plan, please contact the Conservation staff of the
Resource Protection Team in the Water Availability Division at (512) 239-4600.
Water users can find best management practices (BMPs) at the Texas Water Development Board's
website http://www.twdb.texas.gov/conservation/BMPs/index.asp. The practices are broken out
into sectors such as Agriculture, Commercial and Institutional, Industrial, Municipal and Wholesale.
BMPs are voluntary measures that water users use to develop the required components of Title 30,
Texas Administrative Code, Chapter 288. BMPs can also be implemented in addition to the rule
requirements to achieve water conservation goals.
Contact Information
Name of Water Supplier: Town of Prosper
Address: 250 W First Street Prosper, TX 75078
Telephone Number: (972) 569-1047 Fax: ( )
Water Right No.(s): PWS ID# 0430009
Regional Water Planning
Group: C
Water Conservation
Coordinator (or person
responsible for
implementing conservation
program): Laila Lopez Phone: (972) 567-1047
Form Completed by: Laila Lopez
Title: Environmental Coordinator/Asst. to the Director
Signature: Date: / /
A water conservation plan for municipal use by retail public water suppliers must include the
following requirements (as detailed in 30 TAC Section 288.2). If the plan does not provide
information for each requirement, you must include in the plan an explanation of why the
requirement is not applicable.
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Utility Profile
I. POPULATION AND CUSTOMER DATA
A. Population and Service Area Data
1. Attach a copy of your service-area map and, if applicable, a copy of your Certificate of
Convenience and Necessity (CCN).
2. Service area size (in square miles): 25.6
(Please attach a copy of service-area map)
3. Current population of service area: 38,840
4. Current population served for:
a. Water 38,840
b. Wastewater 38,840
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5. Population served for previous five years:
Year Population
2019 25,630
2020 28,380
2021 31,090
2022 35,430
2023 38,840
6. Projected population for service area in the following decades:
Year Population
2020 30,124
2030 55,275
2040 65,096
2050 77,748
2060 80,875
7. List source or method for the calculation of current and projected population size.
Previous 5-years from NCTCOG estimates. Projected population based on the 2026 Regional
Water Plan Board-Adopted Population and Municipal Demand Projections.
B. Customer Data
Senate Bill 181 requires that uniform consistent methodologies for calculating water use and
conservation be developed and available to retail water providers and certain other water use
sectors as a guide for preparation of water use reports, water conservation plans, and reports on
water conservation efforts. A water system must provide the most detailed level of customer
and water use data available to it, however, any new billing system purchased must be capable
of reporting data for each of the sectors listed below. More guidance can be found at:
http://www.twdb.texas.gov/conservation/doc/SB181Guidance.pdf
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1. Quantified 5-year and 10-year goals for water savings:
Historic 5-
year Average Baseline
5-year goal
for year
10-year goal
for year
Total GPCD 228 140 223 218
Residential GPCD 139 140 138 134
Water Loss GPCD 6.8 7 10 11
Water Loss Percentage 3% 4% 4.8% 5.3%
Notes:
Total GPCD = (Total Gallons in System ÷ Permanent Population) ÷ 365
Residential GPCD = (Gallons Used for Residential Use ÷ Residential Population) ÷ 365
Water Loss GPCD = (Total Water Loss ÷ Permanent Population) ÷ 365
Water Loss Percentage = (Total Water Loss ÷ Total Gallons in System) x 100; or (Water Loss GPCD ÷ Total GPCD) x 100
2. Current number of active connections. Check whether multi-family service is counted as
Residential or Commercial?
Treated Water Users Metered Non-Metered Totals
Residential 13,077 13,077
Single-Family 12,982 12,982
*Multi-Family 95 95
Commercial 889 889
Industrial/Mining 65 65
Institutional
Agriculture
Other/Wholesale
*Multi-Family is number of meters, not units.
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3. List the number of new connections per year for most recent three years.
Year 2021 2022 2023
Treated Water Users
Residential 1,197 939 935
Single-Family 1,197 933 929
Multi-Family 0 6 6
Commercial 55 58 85
*Industrial/Mining 23 11 0
Institutional
Agriculture
Other/Wholesale
*Industrial/Mining is construction fire hydrant meters.
4. List of annual water use for the five highest volume customers.
Customer Use (1,000 gal/year) Treated or Raw Water
Super Splash LLC 11,395 Treated
Lattimore Concrete 9,601 Treated
Zips Carwash LLC 7,848 Treated
Gate of Prosper #3, LLC 7,376 Treated
SiteOne Landscape
Supply 6,719 Treated
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II. WATER USE DATA FOR SERVICE AREA
A. Water Accounting Data
1. List the amount of water use for the previous five years (in 1,000 gallons).
Indicate whether this is diverted or treated water.
Year 2019 2020 2021 2022 2023
Month
January 79,993 89,230 91,004 122,197 139,714
February 66,802 74,314 107,382 103,810 111,295
March 108,003 114,696 135,553 161,696 181,268
April 124,099 169,334 189,915 217,681 234,006
May 145,241 180,408 105,061 243,833 257,937
June 149,839 255,692 220,927 307,719 317,819
July 255,468 308,946 300,802 485,754 405,862
August 333,945 373,952 415,083 395,895 517,914
September 294,619 258,413 375,482 323,114 447,101
October 220,091 278,410 289,019 341,897 371,458
November 97,842 164,062 196,460 154,489 236,951
December 87,806 128,883 122,197 133,346 176,566
Totals 1,963,748 2,396,340 2,589,885 2,991,431 3,397,891
2. Describe how the above figures were determined (e.g, from a master meter located at the
point of a diversion from the source or located at a point where raw water enters the
treatment plant, or from water sales).
Determined from NTMWD Monthly Water Consumption Reports.
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3. Amount of water (in 1,000 gallons) delivered/sold as recorded by the following account
types for the past five years.
Year 2019 2020 2021 2022 2023
Account Types
Residential 1,245,796 1,413,365 1,475,045 1,898,304 2,083,746
Single-
Family 1,212,743 1,377,522 1,438,228 1,860,676 2,045,563
Multi-
Family 33,053 35,843 36,817 37,628 38,183
Commercial 349,168 408,476 370,262 501,130 542,540
Industrial/Mining *3,942 57,876 63,948 61,312 78,006
Institutional
Agriculture
Other/Wholesale
*started tracking construction fire hydrant use separately in October 2019.
4. List the previous records for water loss for the past five years (the difference between water
diverted or treated and water delivered or sold).
Year Amount (in 1,000 gallons) Percent %
2023 224,678 6.61%
2022 154,128 5.15%
2021 19,661 .76%
2020 12,827 .54%
2019 25,033 1.27%
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B. Projected Water Demands
1. If applicable, attach or cite projected water supply demands from the applicable Regional
Water Planning Group for the next ten years using information such as population trends,
historical water use, and economic growth in the service area over the next ten years and
any additional water supply requirements from such growth.
https://www.twdb.texas.gov/waterplanning/data/projections/2022/demandproj.asp
III. WATER SUPPLY SYSTEM DATA
A. Water Supply Sources
1. List all current water supply sources and the amounts authorized (in acre feet) with each.
Water Type Source Amount Authorized
Surface Water NTMWD 8,132.55
Groundwater
Other
*Per contract with NTMWD, annual rate is 2,650,000,000 gallons per year.
B. Treatment and Distribution System (if providing treated water)
1. Design daily capacity of system (MGD): 26.96 Firm Pumping Capacity (as defined by TWDB,
not including largest pump)
2. Storage capacity (MGD):
a. Elevated 6.5
b. Ground 8
3. If surface water, do you recycle filter backwash to the head of the plant?
Yes No If yes, approximate amount (MGD):
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IV. WASTEWATER SYSTEM DATA
A. Wastewater System Data (if applicable)
1. Design capacity of wastewater treatment plant(s) (MGD):
2. Treated effluent is used for on-site irrigation, off-site irrigation, for plant wash-
down, and/or for chlorination/dechlorination.
If yes, approximate amount (in gallons per month):
3. Briefly describe the wastewater system(s) of the area serviced by the water utility. Describe
how treated wastewater is disposed. Where applicable, identify treatment plant(s) with the
TCEQ name and number, the operator, owner, and the receiving stream if wastewater is
discharged.
B. Wastewater Data for Service Area (if applicable)
1. Percent of water service area served by wastewater system: %
2. Monthly volume treated for previous five years (in 1,000 gallons):
Year
Month
January
February
March
April
May
June
July
August
September
October
November
December
Totals
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Water Conservation Plan
In addition to the utility profile, please attach the following as required by Title 30, Texas Administrative
Code, §288.2. Note: If the water conservation plan does not provide information for each requirement,
an explanation must be included as to why the requirement is not applicable.
A. Record Management System
The water conservation plan must include a record management system which allows
for the classification of water sales and uses in to the most detailed level of water use
data currently available to it, including if possible, the following sectors: residential
(single and multi-family), commercial.
B. Specific, Quantified 5 & 10-Year Targets
The water conservation plan must include specific, quantified five-year and ten-year targets for
water savings to include goals for water loss programs and goals for municipal use in gallons per
capita per day. Note that the goals established by a public water supplier under this
subparagraph are not enforceable. These goals must be updated during the five-year review and
submittal.
C. Measuring and Accounting for Diversions
The water conservation plan must include a statement about the water suppliers metering
device(s), within an accuracy of plus or minus 5.0% in order to measure and account for the
amount of water diverted from the source of supply.
D. Universal Metering
The water conservation plan must include and a program for universal metering of both customer
and public uses of water, for meter testing and repair, and for periodic meter replacement.
E. Measures to Determine and Control Water Loss
The water conservation plan must include measures to determine and control water loss (for
example, periodic visual inspections along distribution lines; annual or monthly audit of the
water system to determine illegal connections; abandoned services; etc.).
F. Continuing Public Education & Information
The water conservation plan must include a description of the program of continuing public
education and information regarding water conservation by the water supplier.
G. Non-Promotional Water Rate Structure
The water supplier must have a water rate structure which is not “promotional,” i.e., a rate
structure which is cost-based and which does not encourage the excessive use of water. This rate
structure must be listed in the water conservation plan.
H. Reservoir Systems Operations Plan
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The water conservation plan must include a reservoir systems operations plan, if applicable,
providing for the coordinated operation of reservoirs owned by the applicant within a common
watershed or river basin in order to optimize available water supplies.
I. Enforcement Procedure and Plan Adoption
The water conservation plan must include a means for implementation and enforcement, which
shall be evidenced by a copy of the ordinance, rule, resolution, or tariff, indicating official
adoption of the water conservation plan by the water supplier; and a description of the authority
by which the water supplier will implement and enforce the conservation plan.
J. Coordination with the Regional Water Planning Group(s)
The water conservation plan must include documentation of coordination with the regional water
planning groups for the service area of the public water supplier in order to ensure consistency
with the appropriate approved regional water plans.
K. Plan Review and Update
A public water supplier for municipal use shall review and update its water conservation plan, as
appropriate, based on an assessment of previous five-year and ten-year targets and any other
new or updated information. The public water supplier for municipal use shall review and update
the next revision of its water conservation plan not later than May 1, 2009, and every five years
after that date to coincide with the regional water planning group. The revised plan must also
include an implementation report.
VI. ADDITIONAL REQUIREMENTS FOR LARGE SUPPLIERS
Required of suppliers serving population of 5,000 or more or a projected population of 5,000 or
more within the next ten years:
A. Leak Detection and Repair
The plan must include a description of the program of leak detection, repair, and water loss
accounting for the water transmission, delivery, and distribution system in order to control
unaccounted for uses of water.
B. Contract Requirements
A requirement in every wholesale water supply contract entered into or renewed after official
adoption of the plan (by either ordinance, resolution, or tariff), and including any contract
extension, that each successive wholesale customer develop and implement a water conservation
plan or water conservation measures using the applicable elements in this chapter. If the
customer intends to resell the water, the contract between the initial supplier and customer must
provide that the contract for the resale of the water must have water conservation requirements
so that each successive customer in the resale of the water will be required to implement water
conservation measures in accordance with the provisions of this chapter.
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VII. ADDITIONAL CONSERVATION STRATEGIES
Any combination of the following strategies shall be selected by the water supplier, in addition
to the minimum requirements of 30 TAC §288.2(1), if they are necessary in order to achieve the
stated water conservation goals of the plan. The commission may require by commission order
that any of the following strategies be implemented by the water supplier if the commission
determines that the strategies are necessary in order for the conservation plan to be achieved:
1. Conservation-oriented water rates and water rate structures such as uniform or increasing
block rate schedules, and/or seasonal rates, but not flat rate or decreasing block rates;
2. Adoption of ordinances, plumbing codes, and/or rules requiring water conserving plumbing
fixtures to be installed in new structures and existing structures undergoing substantial
modification or addition;
3. A program for the replacement or retrofit of water-conserving plumbing fixtures in existing
structures;
4. A program for reuse and/or recycling of wastewater and/or graywater;
5. A program for pressure control and/or reduction in the distribution system and/or for
customer connections;
6. A program and/or ordinance(s) for landscape water management;
7. A method for monitoring the effectiveness and efficiency of the water conservation plan;
and
8. Any other water conservation practice, method, or technique which the water supplier
shows to be appropriate for achieving the stated goal or goals of the water conservation
plan.
VIII. WATER CONSERVATION PLANS SUBMITTED WITH A WATER RIGHT APPLICATION FOR
NEW OR ADDITIONAL STATE WATER
Water Conservation Plans submitted with a water right application for New or Additional State
Water must include data and information which:
1. support the applicant’s proposed use of water with consideration of the water conservation
goals of the water conservation plan;
2. evaluates conservation as an alternative to the proposed appropriation; and
3. evaluates any other feasible alternative to new water development including, but not limited
to, waste prevention, recycling and reuse, water transfer and marketing, regionalization, and
optimum water management practices and procedures.
Additionally, it shall be the burden of proof of the applicant to demonstrate that no feasible
alternative to the proposed appropriation exists and that the requested amount of appropriation
is necessary and reasonable for the proposed use.
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2024 Water Conservation Plan and Water Resource and Emergency Management Plan
Town of Prosper
Appendix D
NTMWD Member City and Customer
Annual Water Conservation Report
This is updated and reviewed by NTMWD on an annual basis.
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Item 5.
Contact Information
TWDB Survey Number:
Name of System:
PWS ID:
Contact Name:
Title:Utility Maintenance Supervisor
Email Address:
Telephone Number:
Year Covered:
Water System Information
Estimated Water Service Area Population:Source:
# of Irrigation Systems:
Billed Unmetered (MG):Description:
Unbilled Metered (MG):Description:
Unbilled Unmetered (MG):Description:
Water System Information by Delivery Point
Delivery Point Total System
Peak Day (MG)19.27
Firm Pumping Capacity (MGD)26.96
Storage Volume (MG)14.50
Water Conservation Plan 5- and 10-Year Goals for Water Savings
5-Year Goal 10-Year Goal
Total GPCD 200 190 Total GPCD = (Total Gallons in System / Permanent Population) / 365
Residential GPCD 138 134 Residential GPCD = (Gallons Used for Residential Use / Residential Population) / 365
Water Loss (GPCD)10 11 Water Loss GPCD = (Total Water Loss / Permanent Population) / 365
Water Loss (Percentage)4.8%5.3%Water Loss Percentage = (Total Water Loss / Total Gallons in System ) x 100; or (Water Loss GPCD / Total GPCD) x 100
0.00
468.92
NCTCOG
N/A
N/A
Unmetered flushing & Fire Department Use
703000
0.00
TX
APPENDIX D
NTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORT
Due: March 31 of every year
Town of Prosper
James Schaftenaar
469-584-2942
jschaftenaar@prospertx.gov
2023
38,840
8,856
D-2
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Item 5.
Retail Water Metered by Month (in Million Gallons):
Residential Single
Family
Residential Multi-
Family
Public/
Institutional Commercial Industrial Agriculture Metered Irrigation Direct Reuse
January 96.958 3.572 13.608 3.047 5.939
February 71.585 3.061 10.465 2.518 5.086
March 71.022 2.877 12.671 1.275 5.183
April 123.469 3.000 14.466 4.079 13.621
May 175.224 2.923 15.234 5.205 28.168
June 178.004 2.969 12.933 7.385 29.454
July 212.806 2.862 15.782 12.750 41.157
August 290.904 3.321 19.628 14.817 54.797
September 340.412 3.623 19.431 14.480 71.903
October 243.604 3.726 19.103 6.960 62.759
November 135.406 3.277 15.154 3.185 29.333
December 103.141 2.971 14.094 2.305 15.595
# of Connections (or Units)12,888 89 459 66 430
Recorded Supplies from Sources other than NTMWD by Month (in Million Gallons):
Source 1 Source 2 Source 3 Source 4 Source 5 Source 6 Source 7 Source 8
Name of Water Provider
Type of Water
Name of Source
January
February
March
April
May
June
July
August
September
October
November
December
Month
Sales by Category
D-3
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Item 5.
Wholesale Water Sales to Other Water Systems (in Million Gallons):
Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 Sale 6 Sale 7 Sale 8
Buyer Name
Type of Water
Name of Source
Estimated Water Service Area Population
January
February
March
April
May
June
July
August
September
October
November
December
Water Sales to Industrial Production Facilities (in Million Gallons):
Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 Sale 6 Sale 7 Sale 8
Buyer Name
Type of Water
Name of Source
January
February
March
April
May
June
July
August
September
October
November
December
D-4
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Item 5.
Additional Information
Describe Any ICIM (Industrial, Commercial, Institutional & Multi-Family) Practices being Implemented to Improve Water Efficiency
A mandatory reassessment of permanently installed irrigation systems will be conducted on a three year basis.
Provide an Update on Progress in Implementation of Conservation Plan
NA
We consistently develop educational resources for online sharing on our website and social media platforms. We also engage with local events sponsored by towns to distribute educational materials. Throughout the year, we actively promote
our free Sprinkler Evaluation service.
Describe any Unusual Circumstances
Staff will monitor water usage using Advanced Metering Infrastructure (AMI) to ensure adherence to designated watering days. Staff will proactively address and investigate instances of sustained water consumption to mitigate water wastage
resulting from leaks. To enhance resident education, informational videos will be developed and distributed via social media platforms. Outreach materials will also be made available at key community locations such as the Library, Utility Billing,
and Town Hall. Weekly updates, facilitated by the WaterMyYard program, will be published on the town's official website to provide information regarding optimal lawn watering practices. Initiatives aimed at fostering community engagement
include the development of a volunteer program and the establishment of a community garden. These efforts will serve to educate individuals on water-conscious plant selections and the installation and utilization of rain barrels, ultimately
reducing reliance on outdoor watering. Furthermore, plans are underway to launch a monthly conservation electronic newsletter to provide ongoing education and updates to residents. The town remains committed to collaborating with the
North Texas Municipal Water District (NTMWD), leveraging their educational tools and resources to raise awareness. Additionally, we plan to add meters to our autoflushers to provide a more accurate account of water usage.
What Conservation Measures are Planned for Next Year?
D-5
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Item 5.
NA
Other?
NA
Is there any Assistance Requested from the North Texas Municipal Water District?
Do City Limits Differ Significantly from Water Service Area? If so, explain.
NA
D-6
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Item 5.
Contact Information
TWDB Survey Number:
Name of System:
PWS ID:
Contact Name:
Title:
Email Address:
Telephone Number:
Year Covered:
Days in Year
Water System Information
Estimated Water Service Area Population:Source:
# of Irrigation Systems:
Peak Day Usage
Delivery Point Total System
Peak Day (MG)19.27
Average Day (MG)9.31
Peak/Average Day Ratio 2.07
Firm Pumping Capacity (MGD)26.96
Storage Volume (MG)14.50
Authorized Consumption and Water Loss
Total System Input Volume:3,398
Billed Metered:2,704
Billed Unmetered (MG):Description:
Unbilled Metered (MG):Description:
Unbilled Unmetered (MG):469 Description:
Total Authorized Consumption:3,173
Water Loss (MG):225
Water Loss (gpcd):16
Water Loss (percent):7%
Per Capita Use (Gallons per person per day)
Total Use (MG)3,398
Residential Use (MG)2,081
Municipal Use (MG)3,320
ICIM Use (MG)299
Total Per Capita Use (gpcd)240
Residential Per Capita Use (gpcd)147
Municipal Per Capita Use (gpcd)234
ICIM Per Capita Use (gpcd)21
Water Conservation Plan 5- and 10-Year Goals for Water Savings
APPENDIX D
NTMWD MEMBER CITY AND CUSTOMER WATER CONSERVATION REPORT
Due: March 31 of every year
703000
TX
Town of Prosper
James Schaftenaar
jschaftenaar@prospertx.gov
469-584-2942
2023
38,840
Utility Maintenance Supervisor
8,856
365
NCTCOG
N/A
N/A
Unmetered flushing & Fire Department Use
D-7 Page 103
Item 5.
5-Year Goal 10-Year Goal
Total GPCD 200 190 Total GPCD = (Total Gallons in System / Permanent Population) / 365
Residential GPCD 138 134 Residential GPCD = (Gallons Used for Residential Use / Residential Population) / 365
Water Loss (GPCD)10 11 Water Loss GPCD = (Total Water Loss / Permanent Population) / 365
Water Loss (Percentage)5%5%Water Loss Percentage = (Total Water Loss / Total Gallons in System ) x 100; or (Water Loss GPCD / Total GPCD) x 100
Retail Water Metered by Month (in Million Gallons):
Residential Single
Family
Residential Multi-
Family
Public/
Institutional Commercial Industrial Agriculture Metered
Irrigation Wholesale Direct Reuse
January 96.96 3.57 - 13.61 3.05 - 5.94 - -
February 71.59 3.06 - 10.47 2.52 - 5.09 - -
March 71.02 2.88 - 12.67 1.28 - 5.18 - -
April 123.47 3.00 - 14.47 4.08 - 13.62 - -
May 175.22 2.92 - 15.23 5.21 - 28.17 - -
June 178.00 2.97 - 12.93 7.38 - 29.45 - -
July 212.81 2.86 - 15.78 12.75 - 41.16 - -
August 290.90 3.32 - 19.63 14.82 - 54.80 - -
September 340.41 3.62 - 19.43 14.48 - 71.90 - -
October 243.60 3.73 - 19.10 6.96 - 62.76 - -
November 135.41 3.28 - 15.15 3.19 - 29.33 - -
December 103.14 2.97 - 14.09 2.30 - 15.60 - -
TOTAL 2,042.54 38.18 - 182.57 78.01 - 363.00 - -
# of Connections (or Units)12,888.00 89.00 - 459.00 66.00 - 430.00 -
Recorded Supplies from Sources by Month (in Million Gallons):
January 139.71 139.71
February 111.30 111.30
March 181.27 181.27
April 234.01 234.01
May 257.94 257.94
June 317.82 317.82
July 405.86 405.86
August 517.91 517.91
September 447.10 447.10
October 371.46 371.46
November 236.95 236.95
December 176.57 176.57
TOTAL 3,397.89 - - - - - - - 3,397.89
Recorded Supplies by Delivery Point from NTMWD by Month (in Million Gallons):
Prosper
Month Total SuppliesDeliveries from
NTMWD
Other Sources
Month NTMWD Delivery Point Total System
Month
Sales by Category
D-8 Page 104
Item 5.
January 139.71 139.71
February 111.30 111.30
March 181.27 181.27
April 234.01 234.01
May 257.94 257.94
June 317.82 317.82
July 405.86 405.86
August 517.91 517.91
September 447.10 447.10
October 371.46 371.46
November 236.95 236.95
December 176.57 176.57
TOTAL 3,397.89 - - - - - - - 3,397.89
Wholesale Water Sales to Other Water Systems (in Million Gallons):
Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 Sale 6 Sale 7 Sale 8
Buyer Name
Type of Water
Name of Source
Estimated Water Service Area Population
January - - - - - - - - -
February - - - - - - - - -
March - - - - - - - - -
April - - - - - - - - -
May - - - - - - - - -
June - - - - - - - - -
July - - - - - - - - -
August - - - - - - - - -
September - - - - - - - - -
October - - - - - - - - -
November - - - - - - - - -
December - - - - - - - - -
TOTAL - - - - - - - - -
Water Sales to Industrial Production Facilities (in Million Gallons):
Sale 1 Sale 2 Sale 3 Sale 4 Sale 5 Sale 6 Sale 7 Sale 8
Buyer Name
Type of Water
Name of Source
January -
February -
March -
April -
May -
June -
July -
August -
Total
Wholesale
Sales
Total
Industrial
Production
Facilities Sales
D-9 Page 105
Item 5.
September -
October -
November -
December -
TOTAL - - - - - - - - -
Additional Information
Describe Any ICIM (Industrial, Commercial, Institutional & Multi-Family) Practices being Implemented to Improve Water Efficiency
Describe any Unusual Circumstances
Provide an Update on Progress in Implementation of Conservation Plan
What Conservation Measures are Planned for Next Year?
Do City Limits Differ Significantly from Water Service Area? If so, explain.
NA
NA
We consistently develop educational resources for online sharing on our website and social media platforms. We also engage with local events sponsored by towns to distribute educational materials. Throughout
the year, we actively promote our free Sprinkler Evaluation service.
A mandatory reassessment of permanently installed irrigation systems will be conducted on a three year basis.
Staff will monitor water usage using Advanced Metering Infrastructure (AMI) to ensure adherence to designated watering days. Staff will proactively address and investigate instances of sustained water
consumption to mitigate water wastage resulting from leaks. To enhance resident education, informational videos will be developed and distributed via social media platforms. Outreach materials will also be made
available at key community locations such as the Library, Utility Billing, and Town Hall. Weekly updates, facilitated by the WaterMyYard program, will be published on the town's official website to provide
information regarding optimal lawn watering practices. Initiatives aimed at fostering community engagement include the development of a volunteer program and the establishment of a community garden. These
efforts will serve to educate individuals on water-conscious plant selections and the installation and utilization of rain barrels, ultimately reducing reliance on outdoor watering. Furthermore, plans are underway to
launch a monthly conservation electronic newsletter to provide ongoing education and updates to residents. The town remains committed to collaborating with the North Texas Municipal Water District (NTMWD),
leveraging their educational tools and resources to raise awareness. Additionally, we plan to add meters to our autoflushers to provide a more accurate account of water usage.
D-10 Page 106
Item 5.
Is there any Assistance Requested from the North Texas Municipal Water District?
Other?
NA
NA
D-11 Page 107
Item 5.
Residential
Single
Family
Residential
Multi-
Family
Public/
Institutional Commercial Industrial Agriculture Metered
Irrigation Wholesale Direct
Reuse Total
2006 365 2,000 3,500 207 229 381 0 0 41 0 0 0 0 0 423
2007 365 2,380 6,000 234 88 315 0 0 41 0 0 0 0 0 356
2008 366 2,775 6,350 572 35 465 0 0 79 0 0 0 0 0 544
2009 365 2,905 7,100 572 31 414 0 0 96 0 0 0 0 0 511
2010 365 3,130 9,350 693 6 515 0 0 84 0 0 0 0 0 600
2011 365 3,478 10,560 851 0 643 0 0 123 0 0 0 0 0 765
2012 366 3,921 12,190 890 0 670 0 0 140 0 0 0 0 0 810
2013 365 4,372 13,380 901 0 667 0 0 172 0 0 0 0 0 839
2014 365 4,880 14,710 897 0 656 0 0 144 0 0 0 0 0 800
2015 365 5,595 15,970 1,094 0 806 0 0 170 56 0 0 0 0 1,032
2016 366 6,671 17,990 1,374 0 897 0 0 110 63 0 105 0 0 1,176
2017 365 7,659 20,160 1,536 0 1,031 0 0 123 61 0 161 0 0 1,376
2018 365 8,296 22,650 1,750 0 1,172 0 0 136 48 0 199 0 0 1,555
2019 365 9,120 25,630 1,964 0 1,244 0 0 162 28 0 189 0 0 1,622
2020 366 10,542 28,380 2,396 0 1,411 0 0 160 58 0 242 0 0 1,871
2021 365 12,022 31,090 2,593 0 1,454 37 0 148 64 0 229 0 0 1,932
2022 365 13,030 35,430 2,991 0 1,878 38 0 184 61 0 323 0 0 2,484
2023 365 13,932 38,840 3,398 0 2,043 38 0 183 78 0 363 0 0 2,704
Note: After 2020, Residential sales were divided into single and multi-family classifications. Historical information from the TWDB Water Use Surveys were incorporated where available. The category of 'Other' was
removed and replaced with 'Reuse'. Historical volumes for 'Other' were redistributed into the appropriate category when appropriate. These changes were made to be consistent with TWDB terminology.
Other
Supplies
(MG)
Metered Sales by Category (Million Gallons)
Historical Water Use Data for Town of Prosper
Deliveries
from NTMWD
(MG)
ConnectionsYear Estimated
Population
Days in
Year
D-5
Page 108
Item 5.
Total Per
Capita Use
(gpcd)
Total 5-
Year Per
Capita Goal
Total 10-
Year Per
Capita Goal
Residential
Per Capita
Use
(gpcd)
Residential 5-
Year Per
Capita Goal
Residential
10-Year Per
Capita Goal
Billed
Metered
(MG)
Billed
Unmetered
(MG)
Unbilled
Metered
(MG)
Unbilled
Unmetered
(MG)
Water Loss
(MG)
Water Loss
(gpcd)
Water Loss 5-
Year Per
Capita Goal
Water Loss 10-
Year Per
Capita Goal
Water Loss
(percentage)
Water Loss
(percentage)
5-Year Goal
Water Loss
(percentage) 10-
Year Goal
2006 3,500 342 298 342 32 423 0 2 5 7 5 2%
2007 6,000 147 144 147 19 356 0 3 5 -42 -19 -13%
2008 6,350 261 200 261 34 544 0 1 7 56 24 9%
2009 7,100 233 160 233 37 511 0 1 27 65 25 11%
2010 9,350 205 151 205 25 600 0 0 22 77 22 11%
2011 10,560 221 167 221 32 765 0 0 38 48 12 6%
2012 12,190 199 150 199 31 810 0 3 36 41 9 5%
2013 13,380 184 137 184 35 839 0 2 55 5 1 1%
2014 14,710 167 122 167 27 800 0 3 55 39 7 4%
2015 15,970 188 138 178 39 1,032 0 4 49 9 2 1%
2016 17,990 209 136 199 26 1,176 0 5 87 106 16 8%
2017 20,160 209 140 200 25 1,376 0 5 162 -8 -1 0%
2018 22,650 212 142 206 22 1,555 0 7 105 82 10 5%
2019 25,630 210 200 190 133 138 134 207 20 1,622 0 8 308 25 3 10 11 1%4.8%5.3%
2020 28,380 231 200 190 136 138 134 225 21 1,871 0 7 506 13 1 10 11 1%4.8%5.3%
2021 31,090 229 200 190 131 138 134 223 22 1,932 0 368 274 20 2 10 11 1%4.8%5.3%
2022 35,430 231 200 190 148 138 134 227 22 2,484 0 0 353 154 12 10 11 5%4.8%5.3%
2023 38,840 240 200 190 147 138 134 234 21 2,704 0 0 469 225 16 10 11 7%4.8%5.3%
Historical Per Capita Use Data and Water Loss for Town of Prosper
Note:
In-city municipal use = total water supplied less sales to industry, wholesale sales and other sales.
After 2017 - Unaccounted Water has been removed and replaced with Water Losses (per TWDB definition). This category is inclusive of real and apparent losses. Categories for authorized consumption were also added; Unbilled metered replaced estimated fire use, unbilled unmetered replaced
estimated line flushing, and a new category for billed unmetered sales was added.
Year Estimated
Population
Total Use Residential Use Authorized Consumption Water LossMunicipal
Per Capita
Use
(gpcd)
ICIM Per
Capita Use
(gpcd)
D-6 Page 109
Item 5.
0
5,000
10,000
15,000
20,000
25,000
30,000
35,000
40,000
45,000
Estimated PopulationYear
Estimated Historical Population
Page 110
Item 5.
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
Historical Water Use in Million GallonsYear
Historical Water Use
NTMWD Supplies Other Supplies
Page 111
Item 5.
0
500
1,000
1,500
2,000
2,500
3,000
Historical Water Sales in Million GallonsYear
Historical Water Sales by Classification
Residential Single Family Residential Multi-Family Commercial
Public/ Institutional Industrial Metered Irrigation
Wholesale Direct Reuse Agriculture
Page 112
Item 5.
0
50
100
150
200
250
300
350
400
Per Capita for Total Use in GPCDYear
Historical Total Per Capita Use
Total Per Capita Use
(gpcd)
Total 5-Year Per Capita Goal Total 10-Year Per Capita Goal
Page 113
Item 5.
0
50
100
150
200
250
300
350
Per Capita for Residential Use in GPCDYear
Historical Residential Per Capita Use
Residential Per Capita Use
(gpcd)
Residential 5-Year Per Capita Goal Residential 10-Year Per Capita Goal
Page 114
Item 5.
0
50
100
150
200
250
300
350
400
Per Capita Municipal Use in GPCDYear
Historical Municipal Per Capita Use
Page 115
Item 5.
0
5
10
15
20
25
30
35
40
45
Per Capita ICIM Use in GPCDYear
Historical ICIM Per Capita Use
Page 116
Item 5.
-500
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
Historical Consumption and Water Loss (MG)Year
Historical Authorized Consumption and Water Loss
Billed Metered (MG)Billed Unmetered (MG)Unbilled Metered (MG)Unbilled Unmetered (MG)Water Loss
(MG)
Page 117
Item 5.
-15%
-10%
-5%
0%
5%
10%
15%Percentage Water LossYear
Historical Water Loss (Percentage)
Water Loss
(percentage)
Water Loss (percentage) 5-Year Goal Water Loss (percentage) 10-Year Goal
Page 118
Item 5.
2024 Water Conservation Plan and Water Resource and Emergency Management Plan
Town of Prosper
Appendix E
Letter to Regional Water Planning
Group
Page 119
Item 5.
2024 Water Conservation Plan and Water Resource and Emergency Management Plan
Town of Prosper
DATE
Region C Water Planning Group
c/o Trinity River Authority
P.O. Box 60
Arlington, TX 76004
Dear Chair:
Enclosed please find a copy of the Water Conservation and Water Resource and
Emergency Management Plan for the Town of Prosper. I am submitting a copy of
this plan to the Region C Water Planning Group in accordance with the Texas
Water Development Board and Texas Commission on Environmental Quality rules.
The plans were adopted on DATE.
Sincerely,
Laila Lopez
Town of Prosper
Page 120
Item 5.
2024 Water Conservation Plan and Water Resource and Emergency Management Plan
Town of Prosper
Appendix F
Adoption of Plans
Page 121
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Chuck Ewings, Assistant Town Manager
Through: Mario Canizares, Town Manager
Re: Wastewater Manhole Rehabilitation
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to enter into an agreement with Fuquay,
Inc., to rehabilitate 20 wastewater manholes.
Description of Agenda Item:
Annually the Town Public Works Department repairs wastewater manholes that have deteriorated
over time to ensure the wastewater collection system operates efficiently. The contract being
considered by the Town Council authorizes Fuquay, Inc., to repair and rehabilitate 20 manholes
in multiple locations throughout the Town.
The contract was competitively priced utilizing BuyBoard cooperative purchasing program.
Budget Impact:
The cost of the project is $171,710 and this funding is budgeted as part of annual maintenance.
Project costs will be charged to account 200-5670-50-03.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Proposal from Fuquay, Inc.
Town Staff Recommendation:
Town Staff recommends Town Council authorize the Town Manager to enter into an agreement
with Fuquay, Inc., to rehabilitate 20 wastewater manholes.
PUBLIC WORKS
Page 122
Item 6.
Page 2 of 2
Proposed Motion:
I move to authorize the Town Manager to enter into an agreement with Fuquay, Inc., to rehabilitate
20 wastewater manholes.
Page 123
Item 6.
FUQUAY, INC. 4861 Old Hwy 81, New Braunfels, TX 78132 Phone (830) 606-1882 Fax (830) 606-1885 DATE: March 20, 2024PROJECT: TOWN OF PROSPER MANHOLE REHABILITATION (20 MHS)ITEM 3Structure (Manhole) Rehabilitation and Corrosion Protectionand Related ItemsMH 1 - 4' DIA. x 15.5 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT208$54.00$11,232.00-$3.78$50.22$10,445.76$41.00$8,528.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322106Manhole Bench and Invert Repair 4' Diameter BaseEA1$802.50$802.50-$56.18$746.33$746.33$600.00$600.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $20,559.50TOTAL $19,120.34TOTAL $10,113.00MH 2 - 6' DIA. x 19 VFSection I Item 322100Condition Standards and Repair Methods -- New ConstructionSQFT 375 $19.50 $7,312.50 -$1.37 $18.14 $6,800.63 $13.50 $5,062.50Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322108Manhole Bench and Invert Repair 6' Diameter BaseEA1$1,091.50$1,091.50-$76.41$1,015.10$1,015.10$800.00$800.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $16,929.00TOTAL $15,743.97TOTAL $6,847.50MH 2730 - 6' DIA. x 24 VFSection I Item 322100Condition Standards and Repair Methods -- New ConstructionSQFT 470 $19.50 $9,165.00 -$1.37 $18.14 $8,523.45 $13.50 $6,345.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $17,690.00TOTAL $16,451.70TOTAL $7,330.00SECTION II: UV CURED PRODUCTPROPOSALCured In Place Pipe CIPP for Pipeline Rehabilitation #731-24PROJECT SPECIFIC LIST PRICINGMEMBER PRICINGDISCOUNTED PRICINGPage 124Item 6.
MH 2222 - 6' DIA. x 23 VFSection I Item 322100Condition Standards and Repair Methods -- New ConstructionSQFT 450 $19.50 $8,775.00 -$1.37 $18.14 $8,160.75 $13.50 $6,075.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $17,300.00TOTAL $16,089.00TOTAL $7,060.00MH 2230 - 6' DIA. x 26 VFSection I Item 322100Condition Standards and Repair Methods -- New ConstructionSQFT 526 $19.50 $10,257.00 -$1.37 $18.14 $9,539.01 $13.50 $7,101.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $18,782.00TOTAL $17,467.26TOTAL $8,086.00MH 130 - 4' DIA. x 12 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT163$54.00$8,802.00-$3.78$50.22$8,185.86$41.00$6,683.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322106Manhole Bench and Invert Repair 4' Diameter BaseEA1$802.50$802.50-$56.18$746.33$746.33$600.00$600.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $18,129.50TOTAL $16,860.44TOTAL $8,268.00MH 156 - 4' DIA. x 16 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT214$54.00$11,556.00-$3.78$50.22$10,747.08$41.00$8,774.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322106Manhole Bench and Invert Repair 4' Diameter BaseEA1$802.50$802.50-$56.18$746.33$746.33$600.00$600.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $20,883.50TOTAL $19,421.66TOTAL $10,359.00MH 3351 - 5' DIA. x 6 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT127$54.00$6,858.00-$3.78$50.22$6,377.94$41.00$5,207.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322107Manhole Bench and Invert Repair 5' Diameter BaseEA1$931.00$931.00-$65.17$865.83$865.83$700.00$700.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $16,314.00TOTAL $15,172.02TOTAL $6,892.00Page 125Item 6.
MH 3349 - 5' DIA. x 11 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT205$54.00$11,070.00-$3.78$50.22$10,295.10$41.00$8,405.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322107Manhole Bench and Invert Repair 5' Diameter BaseEA1$931.00$931.00-$65.17$865.83$865.83$700.00$700.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $20,526.00TOTAL $19,089.18TOTAL $10,090.00MH 3350 - 5' DIA. x 9 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT163$54.00$8,802.00-$3.78$50.22$8,185.86$41.00$6,683.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322107Manhole Bench and Invert Repair 5' Diameter BaseEA1$931.00$931.00-$65.17$865.83$865.83$700.00$700.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $18,258.00TOTAL $16,979.94TOTAL $8,368.00MH 3348 - 5' DIA. x 7 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT131$54.00$7,074.00-$3.78$50.22$6,578.82$41.00$5,371.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322107Manhole Bench and Invert Repair 5' Diameter BaseEA1$931.00$931.00-$65.17$865.83$865.83$700.00$700.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $16,530.00TOTAL $15,372.90TOTAL $7,056.00MH 616 - 4' DIA. x 15.5 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT208$54.00$11,232.00-$3.78$50.22$10,445.76$41.00$8,528.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322106Manhole Bench and Invert Repair 4' Diameter BaseEA1$802.50$802.50-$56.18$746.33$746.33$600.00$600.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $20,559.50TOTAL $19,120.34TOTAL $10,113.00MH 132 - 4' DIA. x 14 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT189$54.00$10,206.00-$3.78$50.22$9,491.58$41.00$7,749.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322106Manhole Bench and Invert Repair 4' Diameter BaseEA1$802.50$802.50-$56.18$746.33$746.33$600.00$600.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $19,533.50TOTAL $18,166.16TOTAL $9,334.00Page 126Item 6.
MH 3347 - 5' DIA. x 7 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT131$54.00$7,074.00-$3.78$50.22$6,578.82$41.00$5,371.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322107Manhole Bench and Invert Repair 5' Diameter BaseEA1$931.00$931.00-$65.17$865.83$865.83$700.00$700.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $16,530.00TOTAL $15,372.90TOTAL $7,056.00MH 3375 - 5' DIA. x 11 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT193$54.00$10,422.00-$3.78$50.22$9,692.46$41.00$7,913.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322107Manhole Bench and Invert Repair 5' Diameter BaseEA1$931.00$931.00-$65.17$865.83$865.83$700.00$700.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $19,878.00TOTAL $18,486.54TOTAL $9,598.00MH 3340 - 5' DIA. x 10.5 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT185$54.00$9,990.00-$3.78$50.22$9,290.70$41.00$7,585.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322107Manhole Bench and Invert Repair 5' Diameter BaseEA1$931.00$931.00-$65.17$865.83$865.83$700.00$700.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $19,446.00TOTAL $18,084.78TOTAL $9,270.00MH 3378 - 5' DIA. x 11 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT193$54.00$10,422.00-$3.78$50.22$9,692.46$41.00$7,913.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322107Manhole Bench and Invert Repair 5' Diameter BaseEA1$931.00$931.00-$65.17$865.83$865.83$700.00$700.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $19,878.00TOTAL $18,486.54TOTAL $9,598.00MH 3307 - 5' DIA. x 11 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT193$54.00$10,422.00-$3.78$50.22$9,692.46$41.00$7,913.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322107Manhole Bench and Invert Repair 5' Diameter BaseEA1$931.00$931.00-$65.17$865.83$865.83$700.00$700.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $19,878.00TOTAL $18,486.54TOTAL $9,598.00Page 127Item 6.
MH 1054 - 6' DIA. x 19 VFSection I Item 322100Condition Standards and Repair Methods -- New ConstructionSQFT 375 $19.50 $7,312.50 -$1.37 $18.14 $6,800.63 $13.50 $5,062.50Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322108Manhole Bench and Invert Repair 6' Diameter BaseEA1$1,091.50$1,091.50-$76.41$1,015.10$1,015.10$800.00$800.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $16,929.00TOTAL $15,743.97TOTAL $6,847.50MH 169 - 4' DIA. x 15 VFSection I Item 322103Condition Standards and Repair Methods -- Condition 3SQFT201$54.00$10,854.00-$3.78$50.22$10,094.22$41.00$8,241.00Section I Item 322104Inflow & Infiltration Repair -- Injection of Chemical Grout MaterialGAL2$321.00$642.00-$22.47$298.53$597.06$235.00$470.00Section I Item 322105Inflow & Infiltration Repair -- Injection of Chemical Grout Material-Labor & EquipmentHR2$244.00$488.00-$17.08$226.92$453.84$185.00$370.00Section I Item 322106Manhole Bench and Invert Repair 4' Diameter BaseEA1$802.50$802.50-$56.18$746.33$746.33$600.00$600.00Section I Item 322135 Travel and Mobilization- Manhole Rehabilitation Crew from New Braunfels, TX MILE 290 $25.50 $7,395.00 -$1.79 $23.72 $6,877.35 $0.50 $145.00TOTAL $20,181.50TOTAL $18,768.80TOTAL $9,826.0020 MH TOTAL $171,710.00ALL MATERIAL IS GUARANTEED TO BE AS SPECIFIED, AND THE WORK TO BE PERFORMED IN ACCORDANCE WITH THEDRAWING AND SPECIFICATIONS SUBMITTED FOR THE ABOVE WORK AND COMPLETED IN A SUBSTANTIAL WORKMANLIKEMANNER. ANY ALTERATION OR DEVIATION FROM SPECIFICATIONS AND DRAWINGS INVOLVING EXTRA COSTS WILL BEEXECUTED ONLY UPON WRITTEN ORDERS AND WILL BECOME AN EXTRA CHARGE OVER AND ABOVE THE QUOTATION.WORKER'S COMPENSATION AND PUBLIC LIABILITY INSURANCE ON ABOVE WORK TO BE FURNISHED BY FUQUAY, INC.THERE MAY BE AN ADDITIONAL CHARGE FOR PROVIDING A WAIVER OF SUBROGATION AND/OR BEINGLISTED AS AN ADDITIONAL INSURED ON FUQUAY'S INSURANCE. THE CHARGE SHALL BE EQUAL TO THEAMOUNT CHARGED TO FUQUAY FOR SAID SERVICE.EXCLUSIONS:BOND, SALES TAX, AND OCPBARRICADES, SIGNS, TRAFFIC HANDLINGPERMITS, BURDENS, FEESINFILTRATION REPAIRWASTE HAUL-OFFDEWATERINGSURVEYINGALL BYPASS PUMPING AND PIPE PLUGGINGSITE CLEARINGPROVIDING AND/OR PERFORMING ANY TESTINGTERMS:PAYMENT FOR SERVICES SHALL BE DUE AND PAYABLE WITHIN THIRTY DAYS OF THE DATE/MONTH THE WORK IS ACCEPTED BY:PERFORMED. THIS PROPOSAL MAY BE WITHDRAWN BY US IF NOT ACCEPTED WITHIN THIRTY DAYS.COMPANY:RESPECTFULLY SUBMITTED,NAME:FUQUAY, INC.TITLE:Page 128Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: Christmas Display Services – Christmas Light Co.
Town Council Meeting – April 16, 2024
Agenda Item:
Consider and act upon awarding CSP No. 2024-15-A to The Christmas Light Company, related to
annual Christmas Display Services; and authorizing the Town Manager to execute a contract for
the same.
Description of Agenda Item:
The Town issued CSP 2024-15-A to establish an annual contract for Christmas Display Services.
Services will include rental, installation, decoration, removal, and storage of items, for the
Downtown area along Main Street and Broadway Street. Specifically, 15’ premium lit garland
swirled down 23 light poles. Each light pole will have a 16” hand-made, red velvet outdoor bow
on top. Additionally, 67 trees along Main Street and Broadway Street will be wrapped with warm
LED mini lights, from the trunk to the top of the branches of the trees. Per the agreement, the
trees will be wrapped for the entire year, minus two times a year for tree pruning and maintenance.
Services also will include rental and storage of a 30’ artificial tree on the Town Hall ground as well
as installation and removal of decorations on the exterior of Town Hall. Decorations for Town Hall
are owned and stored by the Town. The Town received six (6) responses by the due date and
time. The evaluation committee was comprised of three (3) Parks & Recreation staff members.
After completion of the evaluation process, staff recommends awarding the contract for base
services to The Christmas Light Company, the best value proposal. The initial term of the contract
will be one year, with four optional one-year renewal periods. Per the Downtown Advisory
Committee, staff are requesting The Christmas Light Company begin the wrapping of the trees
along Main Street and Broadway Street in April 2024.
Budget Impact:
$20,000 will be funded by the downtown improvement funds to wrap the trees with lights along
Main Street and Broadway Street from account number 100-5480-10-99. The remaining balance
of $32,950 will be funded by the Events - Christmas Festival account number 100-5601-60-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved the attached standard
contract as to form and legality.
PARKS AND RECREATION
Page 129
Item 7.
Page 2 of 2
Attached Documents:
1. Evaluation Matrix
2. Contract for Services
Town Staff Recommendation:
Town Staff recommends the Town Council award CSP No. 2024-15-A to The Christmas Light
Company, related to annual Christmas Display Services; and authorize the Town Manager to
execute a contract for the same.
Proposed Motion:
I move to award CSP No. 2024-15-A to The Christmas Light Company, related to annual
Christmas Display Services; and authorize the Town Manager to execute a contract for the same.
Page 130
Item 7.
CSP NO. 2024-15-A
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Cost Proposal 30%3.54 1.06 6.93 2.08 6.71 2.01 6.80 2.04 2.65 0.80 10.00 3.00
References 20%9.00 1.80 0.00 0.00 9.00 1.80 9.00 1.80 9.00 1.80 9.00 1.80
Experience 20%8.67 1.73 8.83 1.77 6.83 1.37 8.58 1.72 7.50 1.50 9.83 1.97
Ability to meet expectations 30%6.67 2.00 8.33 2.50 6.00 1.80 8.00 2.40 6.67 2.00 9.33 2.80
TOTAL 100%6.59 6.35 6.98 7.96 6.10 9.57
Texas Lights &
Entertainment
The Christmas Light
Company
Christmas Display Services
EVALUATION MATRIX Décor IQ DFW Holiday Lights Elite Creations First Choice Lights
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Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: PSA for Doe Branch Property Trail Connections Project
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving a Professional Services Agreement between Parkhill and the
Town of Prosper, Texas, for the preparation of plans and construction documents for hike & bike
trail connections within the Doe Branch Property and authorizing the Town Manager to execute
documents for the same.
Description of Agenda Item:
The project includes trail development in two separate locations within the Doe Branch Property.
One section is a widened sidewalk on the south side of Fishtrap Road between Denton Way and
the intersection with First Street. The other portion of the project is a 10’ trail connection on the
south end of the Doe Branch Property crossing Doe Branch Creek and a smaller unnamed
tributary to connect a section of the Windsong development on the east side and Glenbrook
Estates on the west side.
Project is a 240 day project with anticipated construction beginning January 2025 and completion
in late August 2025.
Budget Impact:
The total cost of services is $227,300. Funding for this contract is available in account 750-5410-
10-00-2120-PK.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard form of agreement as
to form and legality.
Attached Documents:
1. Professional Services Proposal
2. Preliminary Schedule
3. Professional Services Agreement
PARKS AND RECREATION
Page 152
Item 8.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommends approving a Professional Services Agreement between Parkhill and the
Town of Prosper, Texas, for the preparation of conceptual plans and construction documents for
hike & bike trail connections within the Doe Branch Property, and authorizing the Town Manager
to execute documents for the same.
Proposed Motion:
I move to approve a Professional Services Agreement between Parkhill and the Town of Prosper,
Texas, for the preparation of conceptual plans and construction documents for hike & bike trail
connections within the Doe Branch Property, and authorizing the Town Manager to execute
documents for the same.
Page 153
Item 8.
\\projects-dfs\projects\2024\42687.24\00_ADMIN\00_CONTR\01_FINAL\DRAFT\42687.24-Prosper_Pedastrian_Trail-Proposal.docx
April 4, 2024
Mr. Kurt Beilharz, Assistant Director
Town of Prosper Parks & Recreation
409 East 1st. Street
Prosper, Texas 75078
Re: Proposal for Professional Services Doe Branch Creek Pedestrian Trail and Bridge
Dear Mr. Beilharz:
Parkhill is pleased to present this Proposal to the Town of Prosper (Owner) for professional services on the
Doe Branch Pedestrian Trail and Bridge (Project). Parkhill (A/E) shall perform the following professional
services in accordance with Town of Prosper submission requirements for approval. The following outlines
our understanding of the project scope and how we propose to provide services for the project.
PROJECT UNDERSTANDING
Landscape Architectural and Engineering Services for the following:
Doe Branch Creek Trail - approximately 2,400 LF of 10’ wide concrete trail, one approximately 130’
long prefabricated steel truss pedestrian bridge, and two storm drain culverts.
Fishtrap Road Trail - three sections of concrete trail, totaling approximately 2,300 LF, along the
south edge of Fishtrap Road. The width of these sections will vary between 6’ to 8’ depending on
site constraints.
SCOPE OF SERVICES
The A/E shall provide the following Basic Services:
TOPOGRAPHIC SURVEY
Parkhill will conduct a Topographic Existing Conditions Survey. The survey will show all visible physical
features that may affect future design including, but not limited to, spot elevations, drainage features,
existing site contours at a minimum 1-foot interval, trees over 3 inches in diameter, property lines, pavement
edges, curbs and gutter, sidewalks, etc. and any visible evidence of underground utilities. This survey will
comply with standard Town of Prosper requirements.
GEOTECHNICAL INVESTIGATION & REPORT
The A/E shall secure the services of an independent geotechnical engineering company to investigate the
engineering properties of the soils and to make recommendations on the design of the bridge piers and
abutments, paving, retaining walls, etc.
SCHEMATIC DESIGN PHASE
Schematic Design services shall include site reconnaissance to analyze capabilities and limitations of the
project site and work sessions with Town staff as necessary to prepare the preliminary trail layout and
opinion of probable construction cost.
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Item 8.
Mr. Kurt Beilharz Page 2 April 4, 2024
Town of Prosper Parks & Recreation
CONSTRUCTION DOCUMENT PHASE
Based on the owner approved Schematic Design the A/E shall further develop the design and prepare the
material/technical plans and specifications setting forth the requirements for construction of the project. The
A/E shall meet all applicable Town of Prosper design and construction standards, coordinate plans with
Town Departments, meet all state regulations and submit construction documents to the owner for
development review.
Deliverables: 50% CD Design Review Submittal, 95% CD Design Review Submittal, Bid Issue Construction
Documents, Project Manual (Front End Documents & Technical Specifications), updated Opinion of
Probable Construction Cost and Meetings (as necessary)
FLOOD STUDY
The A/E shall provide a hydraulic analysis to evaluate the proposed trail, bridge, and culvert to help guide
the design in relation to flooding or erosion impacts.
BIDDING & NEGOTIATION PHASE
The A/E shall provide/perform the following services during the Bidding & Negotiation Phase: Answer
questions from Bidders and prepare addenda as necessary, review substitution requests from
Contractor(s), attend pre-bid meeting, attend bid opening, assist owner in pre-qualification of bidders, assist
the owner in a pre-construction conference.
CONSTRUCTION CONTRACT ADMINISTRATION PHASE
The A/E shall visit the site at intervals appropriate to the stage of construction, or as otherwise agreed upon
by the owner and A/E in writing to become familiar with the progress and quality of the work completed,
and to determine, in general, if the work is being performed in a manner indicating that the work, when
completed will be in accordance with the Contract Documents. However, the A/E shall not be required to
make exhaustive or continuous on-site observations to check the quality or quantity of the work. Based on
on-site observation, the A/E shall keep the owner informed on the progress and quality of the work.
The A/E shall review shop drawings and other submittal information for the purpose of ascertaining
conformance with the design intent and Construction Documents, provide responses to requests for
information (RFI) or clarifications, prepare change orders (if required), assist the owner in conducting the
substantial completion and final completion observations, and assist the owner with closeout procedures.
The A/E shall conduct end-of-the-month on-site meetings to review pay applications and the project’s
construction progress.
Except as expressly stated in the scope of work, the A/E shall not be responsible to supervise, direct or
have control over work of owner’s contractors, subcontractors or other service/material providers, including
any designated general contractor of owner or any subcontractors thereof nor have any responsibility for
the Contractor’s means, methods, techniques, sequences or procedures selected by Contractors nor for
the Contractors’ safety precautions or programs in connection with Work. These rights and responsibilities
are solely those of and between the owner and the applicable contractors. The owner agrees that the A/E
is not responsible for the jobsite condition or on-site worker safety, except as otherwise expressly stated in
the scope of work.
Except and unless prohibited by applicable law, the A/E shall not be responsible for any acts or omissions
of the Contractors, including any subcontractor, any entity performing any portions of Work or any agents
or employee of any of them. The A/E does not guarantee the performance of any of the Contractors and
shall not be responsible for the Contractors’ failure to perform or furnish any applicable Work in accordance
with the Contract Documents or any applicable laws, codes, rules, or regulations. The A/E shall not be
responsible for any delays in the execution of the work caused by the Contractor.
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Item 8.
Mr. Kurt Beilharz Page 3 April 4, 2024
Town of Prosper Parks & Recreation
FEMA LETTER OF MAP REVISION
If required, the A/E shall provide a FEMA Letter of Map Revision (LOMR) to update the effective modeling
and mapping of Doe Branch Creek.
RECORD DRAWINGS
The A/E shall transfer information provided by the Contractor on his mark-ups/As-Built drawings after
construction is complete to digital files (AutoCAD & PDF) and provide these files to the owner.
REIMBURSABLE EXPENSES
Reimbursable Expenses are in addition to the A/Es Compensation for Basic Professional Services and will
be billed at invoice cost plus a fifteen percent markup for handling costs. Reimbursable Expenses include,
but are not limited to travel, postage / shipping, reproductions / copies, color plots / prints, accessibility plan
review and inspection fees and reports. These expenses shall be invoiced to a Not-To- Exceed Allowance
as noted in the Compensation portion of this Proposal.
ADDITIONAL SERVICES
Additional Services are services that are not specifically included in this Proposal (i.e., public meetings,
additional meetings beyond those described above, subdividing project into multiple sets and/or bids). Said
services shall be described and compensation established and authorized by the owner in writing prior to
the A/E providing said services. Additional Services shall be attached to this Proposal as an amendment.
EXCLUSIONS
The intent of this Scope of Services is to include only the services specifically listed herein for this Project.
Services specifically excluded from this Scope of Services include, but are not necessarily limited to the
following:
Fees for permits and advertising.
Storm Water Pollution Prevention Plan (SWPPP).
Preparation of Plats or Boundary Survey documents.
Field surveying or production of related maps for purposes of determining off-site utility locations
or construction control and layout.
Design of off-site utility services or drainage facilities to more than 100 feet from a boundary of the
project site
Engineering services related to modifications of existing storm drain or design of new storm drain
systems.
Environmental impact statements, assessments or permits.
Traffic Engineering Reports or Studies.
Full-time or otherwise more frequent than provided as Basic Services and detailed observation of
the Contractor’s work in progress.
Archaeological survey.
Presentations to Town boards and councils.
ITEMS AND SERVICES TO BE PROVIDED BY THE TOWN
The Town will provide the following services to the A/E in the performance of the project upon request.
Existing data the owner has on file concerning the project, if available.
As-Built plans for existing facilities and/or utilities, if available.
Assist the A/E in obtaining any required data and information from local utility companies, as
necessary.
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Item 8.
Mr. Kurt Beilharz Page 4 April 4, 2024
Town of Prosper Parks & Recreation
Standard details and specifications in digital format.
Assist the A/E in requiring appropriate utility companies to expose underground utilities within the
right-of-way or easements, when required.
COMPENSATION
Compensation for the Basic Services rendered by the A/E shall be as described in Attachment ‘B’ of this
Proposal.
We appreciate the opportunity to continue to serve the Town of Prosper and Build Community together.
Please do not hesitate to contact us if you have any questions.
Sincerely,
PARKHILL
By
Clint Wofford, RLA
Senior Associate
HP/ic
Enclosures: Attachment B and Hourly Rate Sheet
cc: Kurt Beilharz
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Item 8.
` Attachment ‘B’
COMPENSATION
Task 1: Compensation for the Basic Services related to the Schematic Design, Construction
Documents, and Bidding phases provided by the A/E shall be a lump sum of $133,000.00 plus
Reimbursable Expenses. Construction Observation phase services shall be provided on an
hourly basis per the attached hourly rates. This fee is based upon the project description stated
above, should the project scope increase by more than five percent (5%) then the fee will be
adjusted accordingly.
Task 1 Basic Services compensation shall be invoiced monthly based on percent of work
completed. Monthly progress payments for these Services shall be distributed by phases as
follows:
Schematic Design Phase (25%) $33,250.00
Construction Documents Phase (60%) $79,800.00
Bidding & Negotiation Phase (5%) $6,650.00
Construction Observation Phase (10%) $13,300.00
Total Task 1 Compensation $133,000.00
Reimbursable Expenses (not-to-exceed allowance) $3,000.00
Other Related Services:
Topographical Study
Geotechnical Investigation
Flood Study
FEMA LOMR & Filing Fee (if required)
$24,300.00
$10,000.00
$25,000.00
$32,000.00
Sub-total $91,300.00
Total Compensation:
Task 1 $133,000.00
Reimbursable Expenses (not-to-exceed allowance) $3,000.00
Other Related Services $91,300.00
Total $227,300.00
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Item 8.
Town of Prosper Parks & Recreation Doe Branch Pedestrian Trail and Bridge
Prosper, TX
Page 159
Item 8.
red text indicates involvement by Owner
Stage of Services
Cal. days to
Complete Projected Date
Authorization from Town to Proceed Monday, May 6, 2024
Preliminary Design
Begin Topographic Survey 1 Tuesday, May 7, 2024
Site Reconassaince and Base Map Preparation 14 Monday, May 20, 2024
Preliminary Concept Plan 21 Monday, June 10, 2024
Staff Review 14 Monday, June 24, 2024
Final Concept Plan 14 Monday, July 8, 2024
Town Approval 14 Monday, July 22, 2024
Begin H&H Plan (concurrent with CDs)42 Monday, August 19, 2024
Begin Geotechnical Report (concurrent with CDs)28 Monday, August 5, 2024
Construction Documents Phase
Begin Construction Documents 0 Tuesday, July 23, 2024
50% Review Set 35 Tuesday, August 27, 2024
Town Review 14 Tuesday, August 6, 2024
90% Review Set 21 Tuesday, August 27, 2024
Town Enginnering, Public Works, P&Z, etc. Review 35 Tuesday, October 1, 2024
100% Bid Documents 14 Tuesday, October 15, 2024
Bidding Phase
Advertise for Bid 7 Tuesday, October 22, 2024
Advertise for Bid 7 Tuesday, October 29, 2024
Bid Opening 7 Tuesday, November 5, 2024
City Council approve bids/GMP First Council Meeting in December
Construction Phase
Start Construction 7 Thursday, January 2, 2025
Substantial Completion 240 Saturday, August 30, 2025
Project Closeout & Record Drawings 21 Saturday, September 20, 2025
PRELIMINARY SCHEDULE
Town of Prospser
Doe Branch Pedestrian Trail and Bridge
April 4, 2024
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Item 8.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 12
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND PARKHILL FOR
THE DOE BRANCH PEDESTRIAN TRAIL AND BRIDGE PROJECT
(2120-PK)
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 Parkhill, a company authorized to do business in Texas, acting through a duly
authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services
to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Town desires to obtain professional engineering services in connection with the Doe Branch
Pedestrian Trail and Bridge Project (2120-PK), 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 sha ll 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 Two Hundred Twenty Seven Thousand Three Hundred Dollars and
no cents ($227,300.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and
incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of
completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed.
Direct Costs for expenses such as mileage, copies, scans, sub- consultants, and similar costs are included in fees
and shall be billed as completed.
Consultant agrees to submit statements to Town for professional services no more than once per month.
These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if
any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 12
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
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 12
notice to Town, suspend professional services until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as
reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement.
The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of
the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of
additional work) the payment of additional amounts.
5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town
requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist
Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make
prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from
Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all
information and services provided by Town or Town’s representatives.
6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of
payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or
assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any
purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk.
Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for
the work it performs for Town.
7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any
reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by
Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s
compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution.
8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout
the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements
and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to
commencing any work for Town.
9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE,
INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES
OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF
LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT
ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT,
ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM
CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES
AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND
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.
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 12
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:
Parkhill
Clint Wofford
255 N. Center Street, #200
Arlington, TX 76116
cwofford@parkhill.com
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 Chap ter 176,
Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of
Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of
Interest Questionnaire and incorporated herein as if written word for word.
16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if
legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas.
17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this
Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit
such disagreement to non-binding mediation.
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).
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 12
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. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas
Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and
warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not
listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts
with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas
Government Code.
21. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with
Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list
maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas
Government Code.
22. 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 .
PARKHILL
By:
Signature
Printed Name
Title
TOWN OF PROSPER, TEXAS
By:
Signature
Mario Canizares
Printed Name
Town Manager
Title
Date Date
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Item 8.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 12
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND PARKHILL FOR
THE DOE BRANCH PEDESTRIAN TRAIL AND BRIDGE PROJECT
(2120-PK)
I. PROJECT DESCRIPTION
Landscape Architectural and Engineering Services for the following:
Doe Branch Trail - approximately 2,400 LF of 10’ wide concrete trail, one approximately 130’ long prefabricated
steel truss pedestrian bridge, and two storm drain culverts.
Fishtrap Road Trail - three sections of concrete trail, totaling approximately 2,300 LF, along the south edge of
Fishtrap Road. The width of these sections will vary between 6’ to 8 ’ depending on site constraints.
II. TASK SUMMARY
Task 1 – Schematic Design Phase
Schematic Design services shall include site reconnaissance to analyze capabilities and limitations of the project site,
preparation of one preliminary design and work sessions with Town staff as necessary to prepare the schematic design
and opinion of probable construction cost.
Task 2 – Construction Document Phase
Based on the Owner approved Schematic Design documents the A/E shall further develop the design and prepare the
technical plans and specifications setting forth the requirements for construction of the project. The A/E shall meet all
applicable Town of Prosper design and construction standards, coordinate plans with Town Departments, meet all state
regulations and submit construction documents to the Owner for development review.
Task 3 – Bidding & Negotiation Phase
The A/E shall provide/perform the following services during the Bidding & Negotiation Phase: Answer questions from
Bidders and prepare addenda as necessary, review substitution requests from Contractor(s), attend pre-bid meeting,
attend bid opening, assist Owner in pre-qualification of bidders, assist the Owner in a pre-construction conference.
Task 4 – Construction Observation Phase
The A/E shall visit the site at intervals appropriate to the stage of construction, or as otherwise agreed upon by the
Owner and A/E in writing to become familiar with the progress and quality of the work completed, and to determine, in
general, if the work is being performed in a manner indicating that the work, when completed will be in accordance with
the Contract Documents. However, the A/E shall not be required to make exhaustive or continuous on -site observations
to check the quality or quantity of the work. Based on on-site observation, the A/E shall keep the Owner informed on
the progress and quality of the work.
The A/E shall review shop drawings and other submittal information for the purpose of ascertaining conformance with
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 12
the design intent and Construction Documents, provide responses to requests for information (RFI) or clarifications,
prepare change orders (if required), assist the Owner in conducting the substantial completion and final completion
observations, and assist the Owner with closeout procedures.
The A/E shall conduct end-of-the-month on-site meetings to review pay applications and the project’s construction
progress.
Except as expressly stated in the scope of work, the A/E shall not be responsible to supervise, direct or have control
over work of Owner’s Contractors, subcontractors or other service/material providers, including any designated general
contractor of Owner or any subcontractors thereof nor have any responsibility for the Contractor’s means, methods,
techniques, sequences or procedures selected by Contractors nor for the Contractors’ safety precautions or programs
in connection with work. These rights and responsibilities are solely those of and between the Owner and the applicable
Contractors. The Owner agrees that the A/E is not responsible for the jobsite condition or on-site worker safety, except
as otherwise expressly stated in the scope of work.
Except and unless prohibited by applicable law, the A/E shall not be responsible for any acts or omissions of the
Contractors, including any subcontractor, any entity performing any portions of work or any agents or their employee.
The A/E does not guarantee the performance of any of the Contractors and shall not be responsible for the Contractors’
failure to perform or furnish any app licable work in accordance with the Contract Documents or any applicable laws,
codes, rules or regulations. The A/E shall not be responsible for any delays in the execution of the work caused by the
Contractor.
Task 5 – Record Drawings
The A/E shall transfer information provided by the Contractor on his mark -ups/As-Built drawings after construction is
complete to digital files (AutoCAD & PDF) and provide these files to the Owner.
III. DELIVERABLES
Task 1 – Schematic Design Phase Rendered Plan and OPC
Task 2 - Construction Document Phase Contract Documents including plans and specifications
Task 3 – Bidding & Negotiation Phase Bid Tabulation and Addendums
Task 4 – Construction Observation Phase Contractor’s Pay Requests, approved submittals, RFI’s,
SI’s and product samples
Task 5 - Record Drawings One (1) 22x34 bond copy of the record drawings
One (1) 22x34 mylar copy of the record drawings
One (1) PDF copy of each sheet of the record drawings
One (1) DWG of the record drawings base map
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 12
EXHIBIT B
COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND PARKHILL FOR
THE DOE BRANCH PEDESTRIAN TRAIL AND BRIDGE PROJECT
(2120-PK)
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed May 2024
Task 1 – Schematic Design Phase June 2024 $33,250.00
Task 2 - Construction Document Phase July 2024 $79,800.00
Task 3 - Bidding & Negotiation Phase Oct 2024 $6,650.00
Task 4 – Construction Observation Phase Jan 2025 $13,300.00
Total Compensation $133,000.00
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 - Schematic Design Phase $33,250.00
Task 2 – Construction & Observation Phase $79,800.00
Task 3 – Bidding & Negotiation Phase $6,650.00
Task 4 – Construction Observation Phase $13,300.00
Total Basic Services: $133,000.00
Special Services (Hourly Not-to-Exceed) Amount
Reimbursable Expenses $3,000.00
Total Special Services: $3,000.00
Direct Expenses Amount
Topographical Survey $24,300.00
Geotechnical Investigation $10,000.00
Flood Study $25,000.00
FEMA LOMR and Filing Fee (allowance, if required) $32,000.00
Total Direct Expenses: $91,300.00
Page 168
Item 8.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 12
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 169
Item 8.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 12
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 170
Item 8.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 12
EXHIBIT D
CONFLICT OF INTEREST AFFIDAVIT
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND PARKHILL FOR
THE DOE BRANCH PEDESTRIAN TRAIL AND BRIDGE PROJECT
(2120-PK)
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
I, Clint Wofford, 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 171
Item 8.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 12
EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE
Page 172
Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: PSA for Prosper Trail Right of Way Screening Project
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving a Professional Services Agreement between Parkhill and the
Town of Prosper, Texas, for the preparation of a conceptual rendering and plans and construction
documents for screening elements and trail / sidewalk within the Right of Way along Prosper Trail
and authorizing the Town Manager to execute documents for the same.
Description of Agenda Item:
This project involves developing a conceptual plan for screening elements comparable to other
screening types currently existing on Prosper’s arterial roadways. The scope includes the south
side of Prosper Trail from Preston Road east to Deer Run Lane. Once a concept is approved,
plans and construction documents will be developed, and the screening elements will be
constructed.
Budget Impact:
The total cost of services is $157,000. Funding for this contract is available in account GL 750-
5410-10-00-2328-PK.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard form of agreement as
to form and legality.
Attached Documents:
1. Professional Services Proposal
2. Preliminary Schedule
3. Professional Services Agreement
Town Staff Recommendation:
Town Staff recommends approving a Professional Services Agreement between Parkhill and the
Town of Prosper, Texas, for the preparation of a conceptual rendering and plans and construction
documents for screening elements within the Right of Way along Prosper Trail, and authorizing
the Town Manager to execute documents for the same.
PARKS AND RECREATION
Page 173
Item 9.
Page 2 of 2
Proposed Motion:
I move to approve a Professional Services Agreement between Parkhill and the Town of Prosper,
Texas, for the preparation of a conceptual rendering and plans and construction documents for
screening elements and trail / sidewalk within the Right of Way along Prosper Trail, and authorizing
the Town Manager to execute documents for the same.
Page 174
Item 9.
\\projects-dfs\projects\2024\40690.24\00_ADMIN\00_CONTR\01_FINAL\DRAFT\40690.24-Prosper_ROW-Proposal.docx
April 4, 2024
Mr. Kurt Beilharz, Assistant Director
Town of Prosper Parks & Recreation
409 East 1st. Street
Prosper, Texas 75078
Re: Proposal for Professional Services
E. Prosper ROW Screening
Dear Mr. Beilharz:
Parkhill is pleased to present this Proposal to the Town of Prosper (Owner) for professional services for the
E. Prosper Trail Right-of-Way Screening. (Project). Parkhill (A/E) shall perform the following professional
services in accordance with Town of Prosper submission requirements for approval. The following outlines
our understanding of the project scope and how we propose to provide services for the project.
PROJECT UNDERSTANDING
Landscape Architectural and Engineering services for landscape and screening improvements
along the South side of E. Prosper Trail between N. Preston Rd. and Deer Run Lane. The overall
length of the project is 2,800 LF.
The intent of the project is to provide screening and landscaping that is on par with nearby median
developments.
Median improvements shall include the following elements as allowed by the project budget:
masonry walls, ornamental fence, landscaping, and irrigation. Although design and grading around
existing storm drain elements is required, the re-design and modifications of the existing storm
drain system is not included in this scope of work.
SCOPE OF SERVICES
The A/E shall provide the following Basic Services:
TOPOGRAPHIC SURVEY
Parkhill will conduct a Topographic Existing Conditions Survey including all visible physical features that
may affect future design including, but not limited to, spot elevations, drainage features, existing site
contours at a minimum 1-foot interval, trees over 3 inches in diameter, property lines, pavement edges,
curbs and gutter, sidewalks, etc. and any visible evidence of underground utilities. This survey will comply
with standard Town of Prosper requirements.
EASEMENT PREPARATION
Parkhill will prepare thirteen (13) Wall Maintenance Easement exhibits by separate instrument. The width
of the easements shall be determined based on the design of the screen walls and fencing but is expected
to be 5’-10’ wide.
SUBSURFACE UTILITY ENGINEERING
Parkhill will conduct a Subsurface Utility Survey to locate and identify the following utilities within the project
area: potable water, reclaimed water, chilled water, natural gas/crude oil/refined product pipelines,
communication duct banks, fiber optic, cable television, telephone, and electric. Excluded from the survey
are private service lines, irrigation lines, overhead utilities, detailed vault investigations and electronic depth
reading.
Page 175
Item 9.
Mr. Kurt Beilharz, Assistant Director Page 2 April 4, 2024
Town of Prosper Parks & Recreation
If required, ten (10) test holes are included to verify depth and size of utilities. Test holes will be excavated
using vacuum excavation equipment. A separate line-item allowance is provided for the test holes.
GEOTECHNICAL INVESTIGATION & REPORT
The A/E shall secure the services of an independent geotechnical engineering company to investigate the
engineering properties of the soils and to make recommendations on the design of the structural
foundations, piers, etc. related to the masonry walls and columns.
Schematic Design
Schematic Design services shall include site reconnaissance to analyze capabilities and limitations of the
project site, preparation of one preliminary design and work sessions with Town staff as necessary to
prepare the schematic design and opinion of probable construction cost.
The schematic design shall include screening options (walls, fences, etc.) and landscape layout.
Deliverables: A colored rendering mounted on 30” x 42” foam board, digital format rendering, and Opinion
of Probable Construction Cost.
PUBLIC MEETING
Parkhill will present the approved median design and easements to the thirteen (13) residents along the
North side of Chandler Cir. at a single town-hall type meeting. Meeting notifications to the residents and
meeting arrangements will be made by the Owner.
CONSTRUCTION DOCUMENT PHASE
Based on the Owner approved Schematic Design documents the A/E shall further develop the design and
prepare the technical plans and specifications setting forth the requirements for construction of the project.
The A/E shall meet all applicable Town of Prosper design and construction standards, coordinate plans
with Town Departments, meet all state regulations and submit construction documents to the Owner for
development review.
Deliverables: 50% CD Design Review Submittal, 95% CD Design Review Submittal, Bid Issue Construction
Documents, Project Manual (front end documents & technical specifications), updated Opinion of Probable
Construction Cost and Meetings (as necessary).
BIDDING & NEGOTIATION PHASE
The A/E shall provide/perform the following services during the Bidding & Negotiation Phase: Answer
questions from Bidders and prepare addenda as necessary, review substitution requests from
Contractor(s), attend pre-bid meeting, attend bid opening, assist Owner in pre-qualification of bidders, assist
the Owner in a pre-construction conference.
CONSTRUCTION CONTRACT ADMINISTRATION PHASE
The A/E shall visit the site at intervals appropriate to the stage of construction, or as otherwise agreed upon
by the Owner and A/E in writing to become familiar with the progress and quality of the work completed,
and to determine, in general, if the work is being performed in a manner indicating that the work, when
completed will be in accordance with the Contract Documents. However, the A/E shall not be required to
make exhaustive or continuous on-site observations to check the quality or quantity of the work. Based on
on-site observation, the A/E shall keep the Owner informed on the progress and quality of the work.
Page 176
Item 9.
Mr. Kurt Beilharz, Assistant Director Page 3 April 4, 2024
Town of Prosper Parks & Recreation
The A/E shall review shop drawings and other submittal information for the purpose of ascertaining
conformance with the design intent and Construction Documents, provide responses to requests for
information (RFI) or clarifications, prepare change orders (if required), assist the Owner in conducting the
substantial completion and final completion observations, and assist the Owner with closeout procedures.
The A/E shall conduct end-of-the-month on-site meetings to review pay applications and the project’s
construction progress.
Except as expressly stated in the scope of work, the A/E shall not be responsible to supervise, direct or
have control over work of Owner’s Contractors, subcontractors or other service/material providers, including
any designated general contractor of Owner or any subcontractors thereof nor have any responsibility for
the Contractor’s means, methods, techniques, sequences or procedures selected by Contractors nor for
the Contractors’ safety precautions or programs in connection with work. These rights and responsibilities
are solely those of and between the Owner and the applicable Contractors. The Owner agrees that the A/E
is not responsible for the jobsite condition or on-site worker safety, except as otherwise expressly stated in
the scope of work.
Except and unless prohibited by applicable law, the A/E shall not be responsible for any acts or omissions
of the Contractors, including any subcontractor, any entity performing any portions of work or any agents
or their employee. The A/E does not guarantee the performance of any of the Contractors and shall not be
responsible for the Contractors’ failure to perform or furnish any applicable work in accordance with the
Contract Documents or any applicable laws, codes, rules or regulations. The A/E shall not be responsible
for any delays in the execution of the work caused by the Contractor.
RECORD DRAWINGS
The A/E shall transfer information provided by the Contractor on his mark-ups/As-Built drawings after
construction is complete to digital files (AutoCAD & PDF) and provide these files to the Owner.
REIMBURSABLE EXPENSES
Reimbursable expenses are in addition to the A/Es compensation for basic professional services and will
be billed at invoice cost, plus a fifteen percent (15%) markup for handling costs. Reimbursable expenses
include, but are not limited to travel, postage/shipping, reproductions/copies, color plots/prints, accessibility
plan review and inspection fees and reports. These expenses shall be invoiced to a not to exceed allowance
as noted in the compensation portion of this proposal.
ADDITIONAL SERVICES
Additional services are services that are not specifically included in this proposal (i.e., public meetings,
additional meetings beyond those described above, subdividing project into multiple sets and/or bids). Said
services shall be described and compensation established and authorized by the Owner in writing prior to
the A/E providing said services. Additional services shall be attached to this proposal as an amendment.
EXCLUSIONS
The intent of this scope of services is to include only the services specifically listed herein for this project.
Services specifically excluded from this scope of services include, but are not necessarily limited to the
following:
Fees for permits and advertising.
Storm Water Pollution Prevention Plan (SWPPP).
Preparation of Plats or Boundary Survey documents.
Field surveying or production of related maps for purposes of determining off-site utility locations
or construction control and layout.
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Item 9.
Mr. Kurt Beilharz, Assistant Director Page 4 April 4, 2024
Town of Prosper Parks & Recreation
Design of off-site utility services or drainage facilities to more than 100 feet from a boundary of the
project site.
Engineering services related to modifications of existing storm drain or design of new storm drain
systems.
Environmental impact statements, assessments or permits.
Traffic Engineering Reports or studies.
Hydraulics and hydrology, flood studies or floodplain reclamation plans.
Full-time or otherwise more frequent than provided as basic services and detailed observation of
the contractor’s work in progress.
Archaeological survey.
Presentations to Town Boards and Councils.
ITEMS AND SERVICES TO BE PROVIDED BY THE TOWN
The Town will provide the following services to the A/E in the performance of the project upon request.
Existing data the Owner has on file concerning the project, if available.
As-Built plans for existing facilities and/or utilities, if available.
Standard details and specifications in digital format.
COMPENSATION
Compensation for the Basic Services rendered by the A/E shall be as described in Attachment ‘B’ of this
Proposal.
We appreciate the opportunity to continue to serve the Town of Prosper and Build Community together.
Please do not hesitate to contact us if you have any questions.
Sincerely,
PARKHILL
By
Clint Wofford, RLA
Senior Associate
HP/ilc
Enclosures:
cc: Kurt Beilharz
Page 178
Item 9.
` Attachment ‘B’
COMPENSATION
Task 1: Compensation for the Basic Services related to the Schematic Design, Construction
Documents, Bidding and Construction Observation phases provided by the A/E shall be a lump
sum of $90,000.00 plus Reimbursable Expenses. Construction Observation phase services shall
be provided on an hourly basis per the attached hourly rates. This fee is based upon the project
description stated above, should the project scope increase by more than five percent (5%) then
the fee will be adjusted accordingly.
Task 1 Basic Services compensation shall be invoiced monthly based on percent of work
completed. Monthly progress payments for these Services shall be distributed by phases as
follows:
Schematic Design Phase (20%) $18,000.00
Construction Documents Phase (60%) $54,000.00
Bidding & Negotiation Phase (10%) $9,000.00
Construction Observation Phase (10%) $9,000.00
Total Task 1 Compensation $90,000.00
Reimbursable Expenses (not-to-exceed allowance) $2,000.00
Other Related Services:
Topographical Survey $10,500.00
Geotechnical Investigation
Easement Preparation
Subsurface Utility Engineering
Subsurface Utility Test Holes (Allowance, if required)
$10,000.00
$11,250.00
$19,550.00
$13,700.00
Sub-total $65,000.00
Total Compensation:
Task 1 $90,000.00
Reimbursable Expenses (not-to-exceed allowance) $2,000.00
Other Related Services $65,000.00
Total $157,000.00
Page 179
Item 9.
E. Prosper ROW ScreeningTown of Prosper Parks & Recreation
Prosper, TX
Page 180
Item 9.
red text indicates involvement by Owner
Stage of Services
Cal. days to
Complete Projected Date
Authorization from Town to Proceed Monday, May 6, 2024
Preliminary Design
Begin Topographic Survey 1 Tuesday, May 7, 2024
Site Reconassaince and Base Map Preparation 14 Monday, May 20, 2024
Preliminary Concept Plan 21 Monday, June 10, 2024
Staff Review 14 Monday, June 24, 2024
Final Concept Plan 14 Monday, July 8, 2024
Town Hall Meeting 14 Monday, July 22, 2024
Town Approval 14 Monday, August 5, 2024
Easement Preparation (concurrent with CDs)28 Monday, September 2, 2024
Geotechnical Report (concurrent with CDs)28 Monday, September 2, 2024
Construction Documents Phase
Begin Construction Documents 0 Tuesday, August 6, 2024
50% Review Set 28 Tuesday, September 3, 2024
Town Review 14 Tuesday, August 20, 2024
90% Review Set 21 Tuesday, September 10, 2024
Town Enginnering, Public Works, P&Z, etc. Review 35 Tuesday, October 15, 2024
100% Bid Documents 14 Tuesday, October 29, 2024
Bidding Phase
Advertise for Bid 7 Tuesday, November 5, 2024
Advertise for Bid 7 Tuesday, November 12, 2024
Bid Opening 7 Tuesday, November 19, 2024
City Council approve bids/GMP First Council Meeting in December
Construction Phase
Start Construction 7 Thursday, January 2, 2025
Substantial Completion 180 Tuesday, July 1, 2025
Project Closeout & Record Drawings 21 Tuesday, July 22, 2025
PRELIMINARY SCHEDULE
Town of Prospser
E. Prosper Trail ROW Screening
April 4, 2024
Page 181
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 12
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND PARKHILL FOR
THE EAST PROSPER TRAIL ROW SCREENING] PROJECT
(2328-PK)
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 Parkhill, a company authorized to do business in Texas, acting through a duly
authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services
to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Town desires to obtain professional engineering services in connection with the East Prosper
Trail ROW Screening Project (2328-PK), 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 sha ll govern and control. Deviations from
the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all
Parties to this Agreement.
3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make
all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s
services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use
diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner
consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform
a professional service and such services must be bound, first and foremost, by the principles of sound professional
judgment and reasonable diligence.
4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all
services included in this Agreement a total fee of One Hundred and Fifty Seven Thousand Dollars and no cents
($[157,000.00]) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated
herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion.
Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for
expenses such as mileage, copies, scans, sub- consultants, and similar costs are included in fees and shall be billed
as completed.
Consultant agrees to submit statements to Town for professional services no more than once per month.
These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if
any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be
Page 182
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 12
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
Page 183
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 12
notice to Town, suspend professional services until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as
reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement.
The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of
the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of
additional work) the payment of additional amounts.
5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town
requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist
Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make
prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from
Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all
information and services provided by Town or Town’s representatives.
6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of
payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or
assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any
purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk.
Consultant may retain in its files copies of all reports, drawings , specifications and all other pertinent information for
the work it performs for Town.
7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any
reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by
Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s
compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution.
8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout
the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements
and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to
commencing any work for Town.
9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE,
INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES
OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF
LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT
ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT,
ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM
CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES
AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND
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.
Page 184
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 12
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:
Parkhill
Clint Wofford
255 N. Center Street, #200
Arlington, TX 76116
cwofford@parkhill.com
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 t o
this Agreement shall have no force or effect.
13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its
duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent
permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer,
employee or agent.
14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and
in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties
hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held
invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision
had never been contained herein.
15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the
Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written
word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit
included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term
of this Agreement will render the Agreement voidable.
Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176,
Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of
Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of
Interest Questionnaire and incorporated herein as if written word for word.
16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if
legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas.
17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this
Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit
such disagreement to non-binding mediation.
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).
Page 185
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 12
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. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas
Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and
warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not
listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts
with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas
Government Code.
21. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with
Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list
maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of t he Texas
Government Code.
22. 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 .
PARKHILL
By:
Signature
Printed Name
Title
TOWN OF PROSPER, TEXAS
By:
Signature
Mario Canizares
Printed Name
Town Manager
Title
Date Date
Page 186
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 12
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND PARKHILL FOR
THE [EAST PROSPER TRAIL ROW SCREENING PROJECT
(2328-PK)
I. PROJECT DESCRIPTION
Landscape Architectural and Engineering services for landscape and screening improvements along the South side
of E. Prosper Trail between N. Preston Rd. and Deer Run Lane. The overall length of the project is 2,800 LF. The
intent of the project is to provide screening and landscaping that is on par with nearby median developments.
Median improvements shall include the following elements as allowed by the project budget: masonry walls,
ornamental fence, landscaping, and irrigation. Although design and grading around existing storm drain elements is
required, the re-design and modifications of the existing storm drain system is not included in this scope of work.
II. TASK SUMMARY
Task 1 – Schematic Design Phase
Schematic Design services shall include site reconnaissance to analyze capabilities and limitations of the project site,
preparation of one preliminary design and work sessions with Town staff as necessary to prepare the schematic design
and opinion of probable construction cost.
The schematic design shall include screening options (walls, fences, etc.) and landscape layout.
Task 2 – Construction Document Phase
Based on the Owner approved Schematic Design documents the A/E shall further develop the desi gn and prepare the
technical plans and specifications setting forth the requirements for construction of the project. The A/E shall meet all
applicable Town of Prosper design and construction standards, coordinate plans with Town Departments, meet all stat e
regulations and submit construction documents to the Owner for development review.
Task 3 – Bidding & Negotiation Phase
The A/E shall provide/perform the following services during the Bidding & Negotiation Phase: Answer questions from
Bidders and prepare addenda as necessary, review substitution requests from Contractor(s), attend pre -bid meeting,
attend bid opening, assist Owner in pre-qualification of bidders, assist the Owner in a pre-construction conference.
Task 4 – Construction Observation Phase
The A/E shall visit the site at intervals appropriate to the stage of construction, or as otherwise agreed upon by the
Owner and A/E in writing to become familiar with the progress and quality of the work completed, and to determine, in
general, if the work is being performed in a manner indicating that the work, when completed will be in accordance with
the Contract Documents. However, the A/E shall not be required to make exhaustive or continuous on -site observations
to check the quality or quantity of the work. Based on on-site observation, the A/E shall keep the Owner informed on
the progress and quality of the work.
Page 187
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 12
The A/E shall review shop drawings and other submittal information for the purpose of ascertaining conformance with
the design intent and Construction Documents, provide responses to requests for information (RFI) or clarifications,
prepare change orders (if required), assist the Owner in conducting the substantial completion and final completion
observations, and assist the Owner with closeout procedures.
The A/E shall conduct end-of-the-month on-site meetings to review pay applications and the project’s construction
progress.
Except as expressly stated in the scope of work, the A/E shall not be responsible to supervise, direct or have control
over work of Owner’s Contractors, subcontractors or other service/material providers, including any designated general
contractor of Owner or any subcontractors thereof nor have any responsibility for the Contractor’s means, methods,
techniques, sequences or procedures selected by Contractors nor for the Contractors’ safety precautions or programs
in connection with work. These rights and responsibilities are solely those of and between the Owner and the applicable
Contractors. The Owner agrees that the A/E is not responsible for the jobsite condition or on-site worker safety, except
as otherwise expressly stated in the scope of work.
Except and unless prohibited by applicable law, the A/E shall not be responsible for any acts or omissions o f the
Contractors, including any subcontractor, any entity performing any portions of work or any agents or their employee.
The A/E does not guarantee the performance of any of the Contractors and shall not be responsible for the Contractors’
failure to perform or furnish any applicable work in accordance with the Contract Documents or any applicable laws,
codes, rules or regulations. The A/E shall not be responsible for any delays in the execution of the work caused by the
Contractor.
Task 5 – Record Drawings
The A/E shall transfer information provided by the Contractor on his mark -ups/As-Built drawings after construction is
complete to digital files (AutoCAD & PDF) and provide these files to the Owner.
III. DELIVERABLES
Task 1 – Schematic Design Phase Rendered Plan and OPC
Task 2 - Construction Document Phase Contract Documents including plans and specifications
Task 3 – Bidding & Negotiation Phase Bid Tabulation and Addendums
Task 4 – Construction Observation Phase Contractor’s Pay Requests, approved submittals, RFI’s,
SI’s and product samples
Task 5 - Record Drawings One (1) 22x34 bond copy of the record drawings
One (1) 22x34 mylar copy of the record drawings
One (1) PDF copy of each sheet of the record drawings
One (1) DWG of the record drawings base map
Page 188
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 12
EXHIBIT B
COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND PARKHILL FOR
THE EAST PROSPER TRAIL ROW SCREENING PROJECT (2328-PK)
I. COMPENSATION SCHEDULE
Task Completion
Schedule
Compensation
Schedule
Notice-to-Proceed May 2024
Task 1 – Schematic Design Phase June 2024 $18,000.00
Task 2 - Construction Document Phase Aug 2024 $57,000.00
Task 3 - Bidding & Negotiation Phase Nov 2024 $9,000.00
Task 4 – Construction Observation Phase Jan 2025 $9,000.00
Total Compensation $90,000.00
II. COMPENSATION SUMMARY
Basic Services (Lump Sum) Amount
Task 1 - Schematic Design Phase $18,000.00
Task 2 – Construction & Observation Phase $57,000.00
Task 3 – Bidding & Negotiation Phase $9,000.00
Task 4 – Construction Observation Phase $9,000.00
Total Basic Services: $90,000.00
Special Services (Hourly Not-to-Exceed) Amount
Reimbursable Expenses $2,000.00
Total Special Services: $2,000.00
Direct Expenses Amount
Topographical Survey $10,500.00
Geotechnical Investigation $10,000.00
Easement Preparation $11,250.00
Subsurface Utility Engineering $19,550.00
Subsurface Utility Test Holes $13,700.00
Total Direct Expenses: $65,000.00
Page 189
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 12
EXHIBIT C
INSURANCE REQUIREMENTS
Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to person s 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 190
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 12
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 191
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 12
EXHIBIT D
CONFLICT OF INTEREST AFFIDAVIT
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND PARKHILL FOR
THE EAST PROSPER TRAIL ROW SCREENING PROJECT
(2328-PK)
THE STATE OF TEXAS §
§
COUNTY OF TARRANT §
I, Clint Wofford, 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 192
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 12
EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE
Page 193
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: PSA for Erosion Control Improvements in Frontier Park and the Doe
Branch Property
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approving a Professional Services Agreement between Knight Erosion
Control Inc. and the Town of Prosper, Texas, for the design and construction of erosion control
improvements in Frontier Park and for the Doe Branch Property and authorizing the Town
Manager to execute documents for the same.
Description of Agenda Item:
Knight Erosion Control (KEC) provides engineering design and construction solutions for erosion
control projects. KEC has an annual contract with the City of Garland that Prosper is allowed to
utilize due to an ILA with Garland through the Collin County Group Purchasing Forum. KEC will
provide turnkey services to design and construct erosion control solutions in two separate
locations. The eroding pond edge in Frontier Park will be stabilized with a bag wall solution. A
section of the Doe Branch Creek bank, within the Doe Branch Property, will also be stabilized with
a bag wall solution. In addition to bank stabilization, KEC will also shore up bridge abutments for
the wooden bridge that spans the main creek channel and services the existing mountain bike
trails.
Anticipated construction schedule of 270 days with construction beginning May 2024 and project
completion January 2025.
Budget Impact:
The total cost of services is $651,922.69. Funding for this contract is available in accounts 750-
5410-10-00-2327-PK (design) and 750-6610-1000-2321-PK (construction).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard form of agreement as
to form and legality.
PARKS AND RECREATION
Page 194
Item 10.
Page 2 of 2
Attached Documents:
1. Professional Services Proposals
2. Professional Services Agreement
Town Staff Recommendation:
Town Staff recommends approving a Professional Services Agreement between Knight Erosion
Control Inc. and the Town of Prosper, Texas, for the design and construction of erosion control
improvements in Frontier Park and for the Doe Branch Property and authorizing the Town
Manager to execute documents for the same.
Proposed Motion:
I move to approve a Professional Services Agreement between Knight Erosion Control Inc. and
the Town of Prosper, Texas, for the design and construction of erosion control improvements in
Frontier Park and for the Doe Branch Property and authorizing the Town Manager to execute
documents for the same.
Page 195
Item 10.
DESIGN PROPOSAL
Knight Erosion Control, Inc. Date: March 22, 2024
10751 Tube Drive Proposal No. Design Only Proposal
Hurst, TX, 76053
Office: 817/640-4442 HUB No. 1752354978400
www.kecinc.net Certified By: NCTRCA MBE/WBE/SBE
TBPE No. F-23137 Certification No. WFWB69820N0323
Proposal Submitted To: Work Performed At:
Town of Prosper Site Locations: Windsong Mountain Bike
Attn: Kurt Beilharz- Parks Department & Frontier Park Fishing Pond
250 West First Street Project Location:
Prosper, TX, 75078 Windsong Mtn Bike-33°13’45”N 96°53’2”W
972/743-9697 Frontier Park-33°15’35.53”N 96°48’31.83”W
Email: KBeilharz@prospertx.gov Scope: Provide the Town of Prosper with
Construction drawings for both, Windsong
Mountain Bike Trail and Frontier Park
Fishing Pond Embankment Reinforcement
Designs.
Mr. Beilharz,
Knight Erosion Control, Inc. dba Knight Engineering & Construction, Inc. appreciates the opportunity to work with
you and to provide a quotation for the following scope of work, complete and in place, for your consideration. This
quote was prepared in accordance with the site visits on (5/10/23 & 11/16/23), and a site visit on (5/10/23), or
made available to us and is subject to the Notes as well as our General Conditions.
Proposed:
We hereby propose to provide a Retaining Wall Design to The Town of Prosper for both Windsong Mountain Bike
Trail-Bridge Retaining Wall, and Frontier Park Fishing Pond- West-side.
KEC Design- Lump Sum Rates
• Civil Design $ 8,100.00
• Structural Design $ 7,500.00
• Flood Study (If Required) $ 11,400.00
• Erosion Control Plan, with Permits $ 2,280.00
• Topo Survey and Construction Staking of Walls $ 10,560.00
• Geotechnical Data Reports with borings $ 8,400.00
TOTAL $ 48,240.00
Page 196
Item 10.
KEC to Provide:
1. Civil Design of RRap Wall to include.
a. Cover Page
b. RRap Wall Grading Plan
c. Access & Staging area location
d. Cut/Fill Calculations for the proposed wall.
e. Erosion Control Plan
f. Erosion Control Detail
g. Flood Study (If Required)
i. KEC to provide an electronic (PDF) file of the flood study report along with the
supporting exhibits and models (If Required).
2. Structural Design of the RRap Wall to include.
a. Cross section Design
b. Factors of Safety
c. Global Stability
d. Plan & Profile Design
3. The proposal Unit Quantities for Contract Rates, per the City of Garland- 2021 Term Mitigation Contract
Specific Design Exclusions:
1. The proposal does not include the cost of construction.
2. The proposal does not include permits for wall construction. All necessary permits are to be provided by
others before construction.
3. The proposal does not include any reproduction fees or review fees.
4. This proposal does not include any submittals to FEMA.
General Terms and Conditions:
1. KEC has provided pricing based on current market conditions. No escalations or contingencies have been
included for future labor, equipment, or material increases.
a. If a project is planned for a future year, then add 7.5% increase to project total, per year to cover
inflation escalators.
2. Our safety practices meet OSHA regulations recommended safety procedures.
3. This proposal is contingent upon the understanding that there are no conflicts with any underground or
overhead lines, wires, pipes, structures, or easements with the work as proposed. All locations of utilities
and/or conflicts shall be by others.
4. Basis of Compensation- Knight Engineering and Construction shall prepare invoices in accordance with its
standard invoicing practices. Invoices shall be submitted on a monthly basis and are due and payable
within 30 days of receipt. Professional Services shall be billed monthly and based upon a percent
complete for lump sum tasks or the agreed upon rates for the Project.
5. Standard of Care- The standard of care for all professional engineering and related services performed or
furnished by Knight Erosion Control, Inc dba Knight Engineering and Construction under this agreement
will be the care and skill ordinarily used by members of the subject profession practicing under similar
circumstances at the same time and in the same locality. Knight Engineering and Construction makes no
warranties, express or implied, under this Agreement or otherwise, in connection with any services
performed or furnished by Knight Engineering and Construction.
6. Compliance with Laws and Regulations- Both Client and Knight Erosion Control, Inc dba Knight
Engineering and Construction shall comply with applicable Laws and Regulations. KEC shall comply with
any and all policies, procedures, and instructions of Client that as applicable to Knight Engineering and
Construction performance of services under this Agreement and that Client provides to Knight
Engineering and Construction in writing, subject to the Standard of Care set forth in Section IX and to the
extent compliance is not inconsistent with professional practice requirements.
7. Certification, Guarantees, and Warranties- Knight Engineering and Construction shall not be required to
sign any document, no matter by whom requested, that would result in Knight Engineering and
Construction having to certify, guarantee, or warrant the existence of conditions whose existence Knight
Page 197
Item 10.
Engineering and Construction cannot ascertain. Client agrees not to make resolution of any dispute with
Knight Engineering and Construction or payment of any amount due to Knight Engineering and
Construction in any way contingent upon Knight Engineering and Construction signing any such
document.
8. Termination of Agreement- It is understood that this Agreement may be cancelled at any time by the
Client or by Knight Engineering and Construction any payment shall be due based on the method of
computation in Section IV (4) only on Work performed or expenses incurred to date of cancellation.
9. Proposal may be withdrawn by KEC, if not accepted within 90 days.
Any alteration or deviation from the above specifications involving extra costs will be executed only upon written
orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes,
accidents or delays beyond our control. Workers’ Compensation and Public Liability Insurance on above work will
be supplied by KNIGHT ENGINEERING AND CONSTRUCTION.
Respectfully submitted by KNIGHT EROSION CONTROL, INC.
Dba Knight Engineering and Construction
Per_______Russell Hergesell________
Russell Hergesell- Vice President of Sales
TBPE No. F-23137
CLIENT
Agreed & Accepted
By:______________________________________
Name: ___________________________________
Title: ____________________________________
Date: ____________________________________
Page 198
Item 10.
UNIT PRICE PROPOSAL
KNIGHT EROSION CONTROL, INC. Date: March 21, 2024
Dba Knight Engineering & Construction Proposal No. 2
10751 Tube Drive
Hurst, TX, 76053
Office: 817/640-4442 HUB No. 1752354978400
www.kecinc.net Certified By: NCTRCA MBE/WBE/SBE
Certification No. WFWB69820N0323
Proposal Submitted To: Work Performed At:
Town of Prosper Site Location: Frontier Park, Fishing Pond
Attn: Kurt Beilharz- Assistant Director of Parks Department Project Location: 33°15’35.53” N
250 West First Street 96°48’31.83” W
Prosper, TX, 75078 Scope: Reinforce West embankment of
972/743-9697 Fishing/Irrigation Pond, with RRap
Email: KBeilharz@prospertx.gov Retaining Wall,
Proposal: Based off the 2021 Term Erosion
Mitigation Contract with the City of Garland
Mr. Beilharz,
Knight Erosion Control, Inc. dba Knight Engineering & Construction appreciates the opportunity to work with you
and the Town of Prosper by providing you with a quotation for the following scopes of work, complete and in
place, for your consideration. This quote was prepared in accordance with the information made available to KEC
per the site visit on 9/29/2023. The quote is subject to the Notes as well in our General Terms and Conditions.
Proposed:
We hereby propose to furnish all the materials and perform the labor necessary for the completion of, as noted
below.
Proposed RRap Wall
• Installation of 1,280 LF of RRap “Bag” Wall x 2-3 feet tall, along the west embankment of the fishing pond
(See Kmz for Detail). The proposed wall includes a foundation approximately 1’ below the toe of pond
embankment. The proposed wall will have a gravel pocket, and a continuous 4” corrugated pipe for
drainage. The proposal also includes clearing, excavation, water management, and site restoration upon
completion.
2021 Term Erosion Mitigation Contract Rates-City of Garland
• ITEM # Unit Description UOM Unit Price QTY Unit Total
• 187.00 Unclassified Channel Excavation CY $ 50.00 214.00 $ 10,700.00
• 203.20 6” Topsoil Delivered, placed, & Installed SY $ 20.00 711.11 $ 14,222.20
• 203.002 Borrow, delivered to jobsite & installed CY $ 75.00 106.67 $ 8,000.25
• 271.00 Sodding, including fertilizer & sprinkler SY $ 80.00 711.11 $ 56,888.80
• 657.11 RRap Retaining Wall 4’ high or less SY $ 648.00 497.78 $ 322,561.44
• 797.00 Capital Improvements Sign EA $ 550.00 0.00 $ 0.00
• 798.00 All Erosion Control Activities incl. devices LS $ 4,000.00 1.00 $ 4,000.00
• 2100.0 Mobilization LS $ 3,750.00 1.00 $ 3,750.00 TOTAL $ 420,122.69
Page 199
Item 10.
Knight Erosion Control to Provide:
1. Locate Utilities (Does not include a SUE LEVEL testing)
2. Each Unit Price includes Payment & Performance Bonds
3. The proposal includes site access, clearing, excavation, haul off, water management, and site restoration.
4. Site Restoration
a. Disc & Seed access path and staging area with grass seed (Millet, Fescue, or Rye).
Specific Exclusions:
1. The Unit Pricing Proposal does not include the design. Design Proposal was provided separately to the
Town of Prosper.
2. The proposal does not include providing a Construction Sign/Capital Improvements Sign, per the request
of the Town of Prosper.
3. The proposal does not include traffic control.
4. The proposal does not include installing fence or railing behind proposed wall. Does include providing
temporary safety fencing around the staging area and work zone.
General Terms and Conditions:
1. This proposal is based on 20 working days per month.
2. KEC has provided pricing based on current market conditions. No escalations or contingencies have been
included for future labor, equipment, or material increases.
a. If project is planned for a future year, then add 7.5% increase to project total, per year.
3. Our safety practices meet OSHA regulations recommended safety procedures.
4. This proposal is contingent upon the understanding that there are no conflicts with any underground or
overhead lines, wires, pipes, structures, or easements with the work as proposed. All locating of utilities
and/or conflicts shall be by others.
5. Payment- Payment terms as noted: 20% mobilization, end of month draw based on % of work completed,
and balance upon completion.
6. Warranty- KEC will warrant that the referenced work will be free from defects in materials and
workmanship for a period of one year from the date of final billing. KEC’s sole remedy for a breach of the
warranty will be replacement or repair of defective materials or workmanship and in no event will KEC be
liable for any consequential or special damages.
7. All material is guaranteed to be as specified and the above work to be performed in accordance with any
drawings and/or specifications submitted for above work and completed in a workmanlike manner for the
amount listed above
8. Proposal may be withdrawn by KEC, if not accepted within 30 days.
Any alteration or deviation from the above specifications involving extra costs will be executed only upon written
orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes,
accidents or delays beyond our control. Workers’ Compensation and Public Liability Insurance on above work will
be supplied by Knight Erosion Control, Inc.
Respectfully submitted by KNIGHT EROSION CONTROL, INC.
Per_______Russell Hergesell_________
Russell Hergesell- Vice President of Sales
Page 200
Item 10.
UNIT RATE PROPOSAL
KNIGHT EROSION CONTROL, INC. Date: March 21, 2024
Dba Knight Engineering & Construction Proposal No. 2
10751 Tube Drive
Hurst, TX, 76053
Office: 817/640-4442 HUB No. 1752354978400
www.kecinc.net Certified By: NCTRCA MBE/WBE/SBE
Certification No. WFWB69820N0323
Proposal Submitted To: Work Performed At:
Town of Prosper Site Location: Windsong Mountain Bike
Attn: Kurt Beilharz- Assistant Director of Parks Department Prosper, Texas
250 West First Street Project Location: 33°13’45”N 96°53’2”W
Prosper, TX, 75078 Doe Branch Creek Crossing
972/743-9697 Scope: Reinforce Doe Branch Creek on
Email: KBeilharz@prospertx.gov the North & Southside of creek with
MSE RRap Walls.
Proposal: Based off City of Garland Unit
Rates for the 2021 Term Erosion Mitigation
Contract.
Mr. Beilharz,
Knight Erosion Control, Inc. dba Knight Engineering & Construction appreciates the opportunity to work with you
and the Town of Prosper by providing you with a quotation for the following scopes of work, complete and in
place, for your consideration. This quote was prepared in accordance with the information made available to KEC
per the site visit on 9/29/2023. The quote is subject to the City of Garlands Unit Rates for the 2021 Term Erosion
Mitigation Contract, and the Notes as well, in our General Terms and Conditions.
Proposed:
We hereby propose to furnish all the materials and perform the labor necessary for the completion of, as noted
below.
Proposed RRap Wall
• Install (2) 30LF MSE RRap “Bag” Walls, along North & South-side of Doe creek embankments x 12 feet tall
from creek bottom. The proposed wall includes a foundation of approximately 30-35% (3.5’ to 4’ deep) of
the proposed height from creek bottom to high bank. The proposal is based on using a MSE style of wall,
with geogrid, gravel, and drainage for the reinforcement zone of the walls. The proposal also includes
clearing, excavation, water management, removing & re-setting bridge crossing, re-installing wood
bollards at each end (4 on either side), and site restoration upon completion.
2021 Term Erosion Mitigation Contract Rates- City of Garland
ITEM # Unit Description UOM Unit Price QTY Unit Total
187.00 Unclassified Channel Excavation CY $ 50.00 584.00 $ 29,200.00
203.20 6” Topsoil Delivered, placed, & Installed SY $ 20.00 80.00 $ 1,600.00
203.002 Borrow, delivered to jobsite & installed CY $ 75.00 584.00 $ 43,800.00
271.00 Sodding, including fertilizer & sprinkler SY $ 80.00 80.00 $ 6,400.00
657.11 RRap Retaining Wall higher than 4’ SY $ 675.00 100.00 $ 74,250.00
798.00 All Erosion Control Activities incl. devices LS $ 4,000.00 1.00 $ 4,000.00
799.00 Misc.- Removal & Reinstallation of bridge LS $ 3,400.00 1.00 $ 3,400.00
Page 201
Item 10.
101.00 Clear, grub & dispose of all trees as noted EA $ 500.00 10 $ 5,000.00
103.00 Clearing, grubbing & removal of all bushes AC $ 38,000.00 .32 $ 12,160.00
2100.0 Mobilization LS $ 3,750.00 1.00 $ 3,750.00 TOTAL $ 183,560.00
Knight Erosion Control to Provide:
1. Locate Utilities (Does not include a SUE LEVEL testing)
2. Each Unit Price includes Payment & Performance Bonds.
3. The proposal includes site access, clearing, excavation, haul off, and water management.
4. Site Restoration
a. Disc. & Seed access path and staging area with grass seed (Millet, Fescue, or Rye).
Specific Exclusions:
1. The proposal does not include the design. Design Proposal was provided separately to the Town of
Prosper.
2. The proposal does not include providing a Construction Sign/Capital Improvements Sign, per the request
of the Town of Prosper,
3. The proposal does not include traffic control.
4. The proposal does not include installing fence or railing behind proposed wall. Does include providing
temporary safety fencing around the staging area and work zone.
General Terms and Conditions:
1. This proposal is based on 20 working days per month.
2. KEC has provided pricing based on current market conditions. No escalations or contingencies have been
included for future labor, equipment, or material increases.
3. Our safety practices meet OSHA regulations recommended safety procedures.
4. This proposal is contingent upon the understanding that there are no conflicts with any underground or
overhead lines, wires, pipes, structures, or easements with the work as proposed. All locating of utilities
and/or conflicts shall be by others.
5. Payment- Payment terms as noted: mobilization, end of month draw based on % of unit rates completed,
and balance upon completion.
6. Warranty- KEC will warrant that the referenced work will be free from defects in materials and
workmanship for a period of one year from the date of final billing. KEC’s sole remedy for a breach of the
warranty will be replacement or repair of defective materials or workmanship and in no event will KEC be
liable for any consequential or special damages.
7. All material is guaranteed to be as specified and the above work to be performed in accordance with any
drawings and/or specifications submitted for above work and completed in a workmanlike manner for the
amount listed above
8. Proposal may be withdrawn by KEC, if not accepted within 30 days.
Any alteration or deviation from the above specifications involving extra costs will be executed only upon written
orders and will become an extra charge over and above the estimate. All agreements are contingent upon strikes,
accidents or delays beyond our control. Workers’ Compensation and Public Liability Insurance on above work will
be supplied by Knight Erosion Control, Inc.
Respectfully submitted by KNIGHT EROSION CONTROL, INC.
Per_______Russell Hergesell_________
Russell Hergesell- Vice President of Sales
Page 202
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Item 10.
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 Amendment: Roadway Construction Reimbursement Agreement
MSW Prosper 380 II, LP (TIRZ No. 2)
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute the First Amendment to the
Roadway Construction Reimbursement Agreement between MSW Prosper 380 II, LP, and the
Town of Prosper, Texas, related to the construction of roadways within the Town’s Tax Increment
Reinvestment Zone No. 2 (TIRZ No. 2).
Description of Agenda Item:
At the April 12, 2022, Town Council meeting, the Town Council approved a Roadway Construction
Agreement with MSW Prosper 380 II, LP, for the construction of the following roadways (including
underground utilities, median landscaping, and street lighting) within the boundaries of the Town’s
Tax Increment Reinvestment Zone No. 2 (TIRZ No. 2):
4 lanes concrete pavement: Mahard Parkway from Toyota and Texas Health Resources,
extending north to the intersection of Prairie Drive.
4 lanes concrete pavement: Prairie Drive from the intersection of Mahard Parkway, extending
east to the intersection of Shawnee Trail.
4 lanes concrete pavement: Shawnee Trail from the intersection of Prairie Drive, extending
north to the future intersection of Lovers Lane.
4 lanes concrete pavement: Prairie Drive East from the intersection of Shawnee Trail,
extending east to the Dallas North Tollway.
Paragraph 1 of the original agreement states the following:
“1. Construction of the Roadways by Developer. Developer agrees to construct the
Roadways, and the location and anticipated construction costs of the Roadways are described in
Exhibit A, attached hereto and incorporated by reference. All roadway construction by Developer
shall be subject to applicable state bidding laws and Town engineering, design, and construction
standards. In the event the Roadways have not been accepted by the Town within two (2) years of
the date of execution of this Agreement, then this Agreement shall be null and void and of no further
force or effect.”
ENGINEERING
SERVICES
Page 223
Item 11.
Page 2 of 2
With April 12, 2024, being the expiration of the agreement due to the roadways not yet being
accepted, the purpose of the First Amendment to the Roadway Construction Reimbursement
Agreement is to extend the expiration deadline for the completion and acceptance of the roadways.
MSW Prosper 380 II, LP, has actively pursued completion of the roadways and the reason for not
receiving acceptance before April 1, 2024, is due to a lengthy delay in receiving approval from Atmos
Energy for the proposed landscaping in their easement along Mahard Parkway.
The First Amendment will replace the last sentence of Paragraph 1. of the original agreement with
the following:
"In the event the Roadways have not been accepted by the Town on or before March 31, 2025, then
this Agreement shall be null and void and of no further force or effect."
Budget Impact:
The estimated cost for the design and construction of the proposed roadways within TIRZ No. 2 is
approximately $14,399,970.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality.
Attachments:
1. First Amendment to Roadway Construction Reimbursement Agreement
2. Email Request
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute the First
Amendment to the Roadway Construction Reimbursement Agreement between MSW Prosper 380
II, LP, and the Town of Prosper, Texas, related to the construction of roadways within the Town’s
Tax Increment Reinvestment Zone No. 2 (TIRZ No. 2).
Proposed Motion:
I move to authorize the Town Manager to execute the First Amendment to the Roadway
Construction Reimbursement Agreement between MSW Prosper 380 II, LP, and the Town of
Prosper, Texas, related to the construction of roadways within the Town’s Tax Increment
Reinvestment Zone No. 2 (TIRZ No. 2).
Page 224
Item 11.
FIRST AMENDMENT TO
ROADWAY CONSTRUCTION REIMBURSEMENT AGREEMENT
This FIRST AMENDMENT TO ROADWAY CONSTRUCTION REIMBURSEMENT
AGREEMENT (this "Amendment"), dated as of April _ , 2024 (the "Effective Date"), is by
and between the Town of Prosper, Texas ("Prosper"), and MSW Prosper 380 II, LP, a Texas
limited partnership ("Developer").
RECITALS:
A.Prosper and Developer are parties to that certain MSW Prosper 380 II, LP, Roadway
Construction Reimbursement Agreement, dated effective as of April 1, 2022 (the "Agreement").
All initially capitalized terms not otherwise defined in this Amendment shall have the meanings
set forth in the Agreement.
B.Prosper and Developer mutually desire to amend the Agreement as provided herein.
AGREEMENTS:
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Prosper and Developer hereby agree as follows:
I.Construction of the Roadways by Developer. The last sentence of Paragraph I
of the Agreement is hereby deleted in its entirety and replaced with the following:
"In the event the Roadways have not been accepted by the Town on or before March 31,
2025, then this Agreement shall be null and void and of no further force or effect."
2.Miscellaneous.
(a)No Other Amendments; This Amendment Governs and Controls. Except
as expressly modified by this Amendment, the Agreement shall remain unmodified and in full
force and effect and is hereby ratified and affirmed. To the extent any of the provisions of this
Amendment are inconsistent with any of the provisions set forth in the Agreement, the provisions
of this Amendment shall govern and control.
(b)Successors and Assigns. The terms and provisions of this Amendment shall
be binding upon and inure to the benefit of the parties hereto, their permitted successors and
permitted assigns.
(c)Authority. Each party hereto represents and warrants to the other that the
individual executing this Amendment on behalf of such party has the capacity and authority to
execute and deliver this Amendment on its behalf, and that this Amendment, once executed and
delivered, is the legal, valid and binding obligation of such party.
(d)Severability. If any term, covenant, condition or prov1sron of this
Amendment, or the application thereof to any person, entity or circumstance, is held by a court of
FIRST AMENDMENT TO ROADWAY CONSTRUCTION REIMBURSEMENT AGREEMENT
MSW Prosper 380 II, LP, et al I Town of Prosper, Texas Page 1 of3
Page 225
Item 11.
Page 226
Item 11.
Page 227
Item 11.
From:Hulon Webb
To:Chuck Ewings
Subject:Fwd: [*EXTERNAL*] - Amendment for Prairie/Mahard Reimbursement Agreement (TIRZ 2)
Date:Friday, April 12, 2024 11:54:16 AM
Attachments:First Amendment to Roadway Construction Reimbursement Agreement - MSW Prosper 380 II, LP(493525.1).docx
511 MSW Prosper 380 - Roadway Construction Reimbursement Agreement - TIRZ No. 2 04.12.22.pdf
The email requested below.
Let me know if you need anything else.
Thanks,
Hulon
Sent from my iPhone
Begin forwarded message:
From: dbennion@fifthrealestate.com
Date: March 27, 2024 at 2:09:54 PM EDT
To: Hulon Webb <HWebb@prospertx.gov>
Cc: Cara Martin <cmartin@matthewssouthwest.com>, Judge Platt
<jplatt@plattrichmond.com>, Kristian Teleki
<kteleki@matthewssouthwest.com>, Joe Drysdale
<jdrysdale@fifthpartners.com>
Subject: [*EXTERNAL*] - Amendment for Prairie/Mahard Reimbursement
Agreement (TIRZ 2)
***** 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.
*****
Hulon,
We just caught that our Reimbursement Agreement under TIRZ 2 for Prairie and
Mahard references a required acceptance date of April 1, 2024 (last sentence of
Section 1). We went ahead and prepared an amendment to update that language-
please see the Word doc attached. Can you please confirm this looks good, or let
me know if you have any questions or comments? And can you also let me know
the process to get the amendment executed- would this be an administrative
update that you are able to sign, or does it need to go through town council, etc? I
have also attached the original agreement for reference.
Thank you,
Page 228
Item 11.
Dave
_ _
David Bennion
From: Judge Platt <jplatt@plattrichmond.com>
Sent: Wednesday, March 27, 2024 12:44 PM
To: dbennion@fifthrealestate.com; 'Kristian Teleki'
<kteleki@matthewssouthwest.com>; 'Cara Martin'
<cmartin@matthewssouthwest.com>
Cc: Frank Hill <fhill@plattrichmond.com>
Subject: RE: [External] MSW - Prosper Sale
Dave:
Please see attached for your review.
Judge
Page 229
Item 11.
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: Development Agreement for Wandering Creek
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between Hunt Wandering Creek Land, LLC, and the Town of Prosper relative to Wandering Creek.
Description of Agenda Item:
Town Council approved Planned Development-90 (Brookhollow North) on July 10, 2018. The
original ordinance was approved prior to the passing of the state law that prohibits municipalities
from regulating building materials; therefore, no development agreement was necessary at the
time. Recently, the developer of Wandering Creek, a subdivision within Brookhollow North,
expressed a desire to alter the roofing requirements and clarify some regulations listed in the
Planned Development.
A development agreement has been prepared accordingly to reiterate required building materials,
alter the roofing requirements, and provide interpretations of some regulations within the Planned
Development. One hundred percent (100%) masonry will be required on street-facing elevations
and eighty percent (80%) masonry will be required on remaining elevations. Per the agreement,
masonry is defined as brick, cast stone, cementitious siding, stone, and stucco. These are the
same material standards contained in “Exhibit F” and “Exhibit G” of the Planned Development.
The minimum slope for main residential buildings will be changed from 12:12 (street -facing) and
8:12 (non-street-facing) to 6:12 for all roof lines. Additionally, accessory structures will have a
minimum slope of 1.5:12. Lastly, the interpretations of a uniform mailbox style, appropriate fencing
material for residential streets versus collector streets, screening material consistent with
residence material, and appropriate building materials for driveways are clarified by the
agreement.
Budget Impact:
There is no budgetary impact affiliated with this item.
PLANNING
Page 230
Item 12.
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.
Attached Documents:
1. Development Agreement
2. Planned Development-90 Architectural Standards
Town Staff Recommendation:
Town Staff recommends that the Town Council authorize the Town Manager to execute a
Development Agreement between Hunt Wandering Creek Land, LLC, and the Town of Prosper
relative to Wandering Creek.
Proposed Motion:
I move to authorize/not authorize the Town Manager to execute a Development Agreement
between Hunt Wandering Creek Land, LLC, and the Town of Prosper relative to Wandering Creek.
Page 231
Item 12.
1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and
between the Town of Prosper, Texas (“Town”) and Hunt Wandering Creek Land, LLC, a
Delaware limited liability company (“Owner”) (individually, a “Party” and collectively, the
“Parties”) to be effective on the latest date executed by a Party (the “Effective Date”).
WHEREAS, the Town is a home-rule municipal corporation, located in Collin
County and Denton County, Texas, organized and existing under the laws of the State of
Texas; and
WHEREAS, Owner owns certain real property more particularly described on
Exhibit A attached hereto and incorporated herein by reference for all purposes (the
“Property”); and
WHEREAS, Owner is planning to develop one or more projects on the Property,
more commonly known as the Wandering Creek development, a portion of the larger
development known as Brookhollow North, which development has previously been
approved by the Town; and
WHEREAS, the Property was rezoned by the Town Council as a part of PD-90
pursuant to Ordinance No. 18-54 approved by the Town Council on July 10, 2018 (as
amended, the “PD Ordinance”); and
WHEREAS, recent changes in applicable law enumerated in Chapter 3000 of the
Texas Government Code (“Chapter 3000”) call into question the applicability of certain
provisions of the PD Ordinance with respect to building materials and aesthetic methods;
and
WHEREAS, the Parties desire to clarify the applicability of certain terms of the PD
Ordinance in order for there to be assurance in the development requirements for the
Property, incorporate agreed upon development standards for building materials and
aesthetic methods for residential development of the Property, and recognize Owner’s
reasonable investment-backed expectations in the development of the Property, as more
fully described herein.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration the receipt and adequacy of which are hereby
acknowledged, the Parties to this Agreement agree as follows:
1. Development Standards.
A. Notwithstanding Chapter 3000, the Parties may agree to building materials
requirements for the Property pursuant to this Agreement. Therefore, the Parties
agree that any residential structure built on the Property following the Effective
Date will comply with the requirements contained in Exhibit B, “Building Materials,”
Page 232
Item 12.
2
attached hereto and incorporated herein, notwithstanding any conflicting provision
of Chapter 3000. The Parties agree and acknowledge that the provisions of this
Paragraph 1.A. shall apply to any residential structure constructed subsequent to
the Effective Date. The requirements in Exhibit B are the only building materials
and aesthetic methods required by the Town for development of the Property.
B. There are certain provisions of the PD Ordinance that the Town has agreed to
clarify the intent or interpretation of as part of this Agreement. Further, the Town
hereby approves certain materials for driveways pursuant to the PD Ordinance.
These interpretations and approvals of certain materials are detailed on Exhibit C
attached hereto and incorporated herein for all purposes.
C. The Town agrees and confirms that the Property is not a place or area designated
by the Town for its historical, cultural, or architectural importance and significance
as set forth in Section 3000.002(d) of the Texas Government Code.
D. The Town confirms that Chapter 4, Section 9.8 (Exterior construction of residential
buildings) and Chapter 4, Section 9.14 (Alternating single family plan elevations)
of the Zoning Ordinance of the Town of Prosper, as amended, does not apply to
development of the Property pursuant to Chapter 3000.
E. The Town confirms that the following provisions contained in Exhibit F of the PD
Ordinance are not applicable to development of the Property pursuant to Chapter
3000: PD Ordinance, Exhibit F, Section 1, Section 2.1, Section 2.2, Section 2.3,
Section 2.5, Section 2.9, Section 2.10, Section 2.11(1), Section 3.1, Section 3.2,
and Section 3.3.
2. Weed-Free Landscape Areas. Owner agrees to maintain, or establish a
homeowners association to maintain, all common areas of the Property, excluding
floodplain areas, free of weeds, tall grass, rubbish, brush and other objectionable,
unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code
of Ordinances, as amended. Failure to comply with the terms of this Paragraph relative
to weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter
may result in the Town taking action pursuant to and in accordance with the Town’s Code
of Ordinances and applicable law.
3. Covenant Running with the Land. The terms, conditions, rights,
obligations, benefits, covenants and restrictions of the provisions of this Agreement shall
be deemed covenants running with the land, and shall be binding upon and inure to the
benefit of the Owner and its heirs, representatives, successors and assigns. This
Agreement shall be deemed to be incorporated into each deed and conveyance of the
Property or any portion thereof hereafter made by any other owners of the Property,
regardless of whether this Agreement is expressly referenced therein.
Page 233
Item 12.
3
4. Applicability of Town Ordinances. The Property shall otherwise be
developed in accordance with all applicable Town ordinances and building/construction
codes.
5. Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given (which notice shall set forth in
reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time determined based on
the nature of the alleged failure, but in no event less than thirty (30) days after written
notice of the alleged failure has been given). In addition, no Party shall be in default under
this Agreement if, within the applicable cure period, the Party to whom the notice was
given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. If either Party is in default under
this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable
for consequential or punitive damages.
6. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Collin County, Texas. Exclusive venue for any action arising under
this Agreement shall lie in Collin County, Texas.
7. Notice. Any notices required or permitted to be given hereunder (each, a
“Notice”), shall be given in writing and may be served (i) by depositing same in the United
States Mail, addressed to the party to be notified, postage pre-paid and registered or
certified with return receipt requested; (ii) by electronic mail; (iii) by delivering the same in
person to such party via hand-delivery service that provides a return receipt showing the
actual date of delivery of the same to the addressee; or (iv) any overnight courier service
such as FedEx that provides a return receipt showing the date of actual delivery of same
to the addressee thereof. Notice given in accordance with (ii), (iii), and (iv) herewith shall
be effective upon receipt at the address of the addressee. Notice given in accordance
with (i) herewith shall be effective within three (3) business days of deposit. For purposes
of this Agreement, “business days” shall mean a day that is not a Saturday, Sunday or
legal holiday in the State of Texas. All other references to “days” under this Agreement
shall mean calendar days.
For purposes of notification, the addresses of the Parties shall be as follows:
If to the Town: The Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Owner: Hunt Wandering Creek Land, LLC
Page 234
Item 12.
4
c/o Hunt Capital Management, LLC
1330 Avenue of the Americas
28th Floor New York, NY 10019
Attn: Alan West
Email: Alan.West1@huntcompanies.com
with copy to: Toll Southwest LLC
c/o Toll Brothers
2555 SW Grapevine Parkway, Suite 100
Grapevine, TX 76051
Attn: Mike Boswell, Vice President, Land Development
E-mail: mboswell@tollbrothers.com
Any party may change its address by written notice in accordance with
this section.
8. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
9. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to development of the Property and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. The
provisions of this Agreement shall be construed as a whole and not strictly for or against
any Party.
10. Savings/Severability. In the event any provision of this Agreement shall
be determined by any court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall, to the extent reasonably possible, remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof.
11. Binding Agreement. A telecopied facsimile of a duly executed counterpart
of this Agreement shall be sufficient to evidence the binding agreement of each Party to
the terms herein, including without limitation a scanned copy sent via electronic mail by
either Party.
12. Authority to Execute. This Agreement shall become a binding obligation
on the Parties upon execution by all Parties hereto. The Town warrants and represents
that the individual executing this Agreement on behalf of the Town has full authority to
execute this Agreement and bind the Town to the same. Owner warrants and represents
that the individual(s) executing this Agreement on behalf of Owner has full authority to
execute this Agreement and bind Owner to the same. The Town Council hereby
authorizes the Town Manager of the Town to execute this Agreement on behalf of the
Town.
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Item 12.
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13. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Collin County, Texas.
14. Mediation. The Parties shall attempt in good faith to resolve any
disagreement or conflict concerning this Agreement, including but not limited to any
disagreement or conflict concerning the interpretation of this Agreement. Either Party may
initiate negotiations to resolve such a disagreement or conflict by providing written Notice
to the other Party (the “Initial Notice”), setting forth the subject of the conflict and the
proposed solution. In the event such disagreement cannot be resolved by the Parties
hereto within sixty (60) days of the receiving Party’s receipt of the Initial Notice, the Parties
agree to submit such disagreement to nonbinding mediation before a single mediator
mutually agreed upon by the Parties who has had at least ten (10) years’ relevant
experience in the commercial real estate industry. If within fifteen (15) days after the date
of mediation, the Parties have not reached agreement on resolution of the conflict or
disagreement, then either Party may (but shall not be obligated to) commence an action
in accordance with the requirements of Section 6 herein.
15. Assignment. Owner has the right (from time to time without the consent of
the Town, but upon written notice to the Town) to assign this Agreement, in whole or in
part, and including any obligation, right, title, or interest of Owner under this Agreement,
to (i) any person or entity that is or will become an owner of all or any portion of the
Property; (ii) a homeowners association or property owners association for all or a portion
of the Property; or (iii) any entity that is controlled by or under common control with Owner
(each such person or entity, an “Assignee”). Each assignment shall be in writing executed
by Owner and the Assignee and shall obligate the Assignee to be bound by this
Agreement to the extent of any rights so assigned. A copy of each assignment shall be
provided to the Town. Provided that an Assignee assumes the liabilities, responsibilities,
and obligations of the assignor under this Agreement, the assigning party will be released
from any rights and obligations under this Agreement as to the Property (or portion
thereof) that is the subject of such assignment, effective upon receipt of the assignment
by the Town. No assignment by Owner shall release Owner from any liability that resulted
from an act or omission by Owner that occurred prior to the effective date of the
assignment. Owner shall maintain true and correct copies of all such assignments,
including a copy of each executed assignment and the Assignee’s Notice information.
16. Sovereign Immunity. The Parties are entering into this Agreement in
reliance upon its enforceability. Consequently, the Town irrevocably waives all claims of
sovereign and governmental immunity which it may have (including, but not limited to,
immunity from suit and immunity to liability), if any, to the extent, but only to the extent,
that a waiver is necessary to enforce specific performance of this Agreement and to give
full effect to the intent of the Parties under this Agreement. Notwithstanding the foregoing,
the waiver contained herein shall not waive any immunities that the Town may have with
respect to claims of injury to persons or property, which claims shall be subject to all of
their respective immunities and to the provisions of the Texas Tort Claims Act. Further,
the waiver of immunity herein is not enforceable by any party not a Party to this
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Item 12.
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Agreement. Except as provided herein, the Parties agree that the Town has not waived
its sovereign immunity from suit by entering into and performing its obligations under this
Agreement.
17. Force Majeure. It is expressly understood and agreed by the Parties to this
Agreement that if the performance of any obligations hereunder is delayed by reason of
war; civil commotion; acts of God; strike; inclement weather; shortages or unavailability
of labor, supplies, or materials; incidence of disease or other illness that reaches
outbreak, epidemic, or pandemic proportions or other causes affecting the area in which
the Property is located; utility failures or delays; or other circumstances that are
reasonably beyond the control of the Party obligated or permitted under the terms of this
Agreement to do or perform the same, regardless of whether any such circumstance is
similar to any of those enumerated or not, the Party so obligated or permitted shall be
excused from doing or performing the same during such period of delay, so that the time
period applicable to such obligation or performance requirement and any applicable
completion deadline shall be extended for a period of time equal to the period such Party
was delayed.
18. Estoppel. Any Party shall, at any time upon reasonable request by any
other Party, provide an estoppel certificate or similar document evidencing that this
Agreement is in full force and effect, that no event of default exists hereunder (or, if
appropriate, specifying the nature and duration of any existing default and the steps
required to cure the same), and/or any other improvements or obligations set forth in this
Agreement.
19. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
20. Consideration. This Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
21. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An electronic
mail or facsimile signature will also be deemed to constitute an original if properly
executed and delivered to the other Party.
22. Amendment. This Agreement shall not be modified or amended except in
writing signed by all Parties.
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Item 12.
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23. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
24. No Third Party Beneficiaries. Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement, and the
Parties do not intend to create any third party beneficiaries by entering into this
Agreement.
[Remainder of page intentionally left blank. Signature page follows.]
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Item 12.
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IN WITNESS WHEREOF, the Parties hereto have caused this document to be
executed as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Mario Canizaares
Title: Town Manager, Town of Prosper
Date: __________________________
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the ___ day of
______________, 2024, by Mario Canizares, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
______________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 239
Item 12.
Page 240
Item 12.
10
EXHIBIT A
Property Description
Being a tract of land situated in the Jeremiah Horn Survey, Abstract No. 411 and the Larkin McCarty
Survey, Abstract No. 600, in Colin County, Texas, being part of a called 67.728 acre tract of land described
in a deed to 67 Prosper, L.P., recorded in Instrument No. 20060921001363990, in the Official Public
Records of Collin County, Texas (O.P.R.C.C.T.), part of a called 55.855 acre tract of land described in a
deed to 55 Prosper, L.P., recorded in Instrument No. 20080605000680470, O.P.R.C.C.T., and part of a
called 73.060 acre tract of land described in a deed to 73 Prosper, L.P., recorded in Volume 6025, Page
1725, in the Deed Records of Collin County, Texas (D.R.C.C.T.), being more particularly described as
follows:
BEGINNING at a 5/8 inch iron rod found at the northeast corner of said 55.855 acre tract and the southeast
corner of a tract of land described in deed to Sumeer Homes, Inc., recorded in Instrument No.
20210323000571600, O.P.R.C.C.T., being in the west line of a tract of land described as Tract 1, in a deed
to 310 Prosper, L.P., recorded in Volume 5823, Page 3462, D.R.C.C.T.;
THENCE South 00 degrees 07 minutes 56 seconds West, with the east line of said 55.855 acre tract and
the west line of said Tract 1, a distance of 654.70 feet to the approximate center of Rutherford Branch
Creek;
THENCE with the approximate center of said Rutherford Branch Creek, the following (45) courses and
distances:
(1) South 66 degrees 47 minutes 13 seconds West, a distance of 26.27 feet;
(2) North 62 degrees 1S minutes 54 seconds West, a distance of 26.43 feet;
(3) South 29 degrees S2 minutes 52 seconds West, a distance of 29.95 feet;
(4) South 53 degrees 02 minutes 38 seconds West, a distance of 33.82 feet;
(5) South 87 degrees 22 minutes 18 seconds West, a distance of 43.05 feet;
(6) South 78 degrees 26 minutes 33 seconds West, a distance of 28.31 feet;
(7) South 44 degrees 51 minutes 06 seconds West, a distance of 63.91 feet;
(8) South 77 degrees 16 minutes 02 seconds West, a distance of 82.24 feet;
(9) North 80 degrees 40 minutes 57 seconds West, a distance of 27.16 feet;
(10) South S8 degrees 11 minutes 59 seconds West, a distance of 31.5l feet;
(11) South 19 degrees S4 minutes 22 seconds West, a distance of 31.91 feet;
(12) South 00 degrees 08 minutes 59 seconds West, a distance of 24.02 feet;
(13) South 05 degrees 21 minutes 57 seconds West, a distance of 21.59 feet;
(14) South 22 degrees 03 minutes 48 seconds East, a distance of 21.98 feet;
(15) South 41 degrees 09 minutes 54 seconds West, a distance of 84.32 feet;
(16) South 69 degrees 42 minutes 52 seconds West, a distance of 139.88 feet;
(17) North 80 degrees 36 minutes 34 seconds West, a distance of 60.66 feet;
(18) North 03 degrees 17 minutes 10 seconds West, a distance of 103.20 feet;
(19) North 58 degrees 01 minute 07 seconds West, a distance of 5l.44 feet;
(20) South 71 degrees 09 minutes 08 seconds West, a distance of 75.19 feet;
(21) North 77 degrees 42 minutes 22 seconds West, a distance of 54.20 feet;
(22) South 71 degrees 08 minutes 20 seconds West, a distance of 92.62 feet;
(23) South 72 degrees 45 minutes 49 seconds West, a distance of 67.95 feet;
(24) North 85 degrees 24 minutes 36 seconds West, a distance of 90.84 feet;
(25) South 78 degrees 49 minutes 20 seconds West, a distance of 96.95 feet;
(26) North 84 degrees 43 minutes 04 seconds West, a distance of 32.95 feet;
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Item 12.
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(27) South 62 degrees 00 minutes 02 seconds West, a distance of 54.72 feet;
(28) North 80 degrees 34 minutes 18 seconds West, a distance of 53.18 feet;
(29) North 68 degrees 43 minutes 19 seconds West, a distance of 28.74 feet;
(30) South 50 degrees 54 minutes 45 seconds West, a distance of 107.35 feet;
THENCE North 76 degrees 09 minutes 55 seconds West, departing the approximate center of said
Ruthe1ford Branch Creek, a distance of 437 .24 feet to a 1/2-inch iron rod with red cap stamped "PJB
SURVEYING" set;
THENCE North 37 degrees 34 minutes 28 seconds West, a distance of 237.71 feet to a 1/2-inch iron rod
with red cap stamped "PJB SURVEYING" set;
THENCE North 72 degrees 27 minutes 59 seconds West, a distance of 324.63 feet to a 1/2-inch iron rod
with red cap stamped "PJB SURVEYING" set;
THENCE North 40 degrees 35 minutes 58 seconds West, a distance of 47.88 feet to a 1/2-inch iron rod
with cap stamped "RPLS 1674" found at the southernmost southeast corner of Block A, Lot 1, of the
Conveyance Plat of Prosper High School No. 3, an addition to the Town of Prosper, Collin County, Texas,
recorded in Volume 2021, Page 108, of the Map Records of Collin County, Texas and the southwest corner
of said 73.060 acre tract and the southwest corner of said 73.060 acre tract, being in the north line of said
67. 728 acre tract; North 00 degrees 11 minutes 56 seconds West, with the west line of said 73.060 acre
tract and the east line of said Lot 1, a distance of 603.22 feet to a 1/2-inch iron rod with red cap stamped
"PJB SURVEYING" set;
THENCE North 54 degrees 41 minutes 36 seconds East, departing the west line of said 73.060 acre tract
and with a southeasterly line of said Lot 1, a distance of 115.17 feet to a 5/8-inch iron rod with cap stamped
"TNP" found;
THENCE North 68 degrees 41 minutes 36 seconds East, continuing with a southeasterly line of said Lot 1,
a distance of 153.34 feet to a 5/8-inch iron rod with cap stamped "TNP" found at the southwest corner of a
called 0.590 acre Right-of-Way Dedication to the Town of Prosper, Texas, as recorded in Instrument No.
20210805001577430, O.R.R.C.C.T.;
THENCE North 89 degrees 49 minutes 28 seconds East, departing the southeasterly line of said Lot 1, with
the south line of said Right-of-Way Dedication, a distance of 60.00 feet to a 5/8-inch iron rod with cap
stamped "TNP" found at the southeast corner of said Right-of-Way Dedication;
THENCE North 00 degrees 10 minutes 32 seconds West, with the east line of said Right-of-Way
Dedication, a distance of 851.53 feet to a 5/8-inch iron rod with cap stamped "TNP" found at the northeast
corner of said Right-of-Way Dedication;
THENCE South 89 degrees 49 minutes 28 seconds West, with the north line of said Right-of-Way
Dedication, a distance of 30.00 feet to a 5/8-inch iron rod with cap stamped "TNP" found at the easternmost
northeast corner of said Lot 1; North 00 degrees 10 minutes 32 seconds West, with the east line of said Lot
1, a distance of 35.29 feet to a 1/2-inch iron rod with red cap stamped "PJB SURVEYING" set on a curve
to the left having a radius of 1,145.00 feet and a central angle of 53 degrees 12 minutes 03 seconds;
THENCE with said curve to the left, at an arc distance of 393.73 feet passing the southwest corner a tract
of land described in deed to Collin County Lighthouse Christian Fellowship, Inc., recorded in Instrument
No. 20200819001365880, O.P.R.C.C.T., continuing with the southeasterly line of said Collin County
Lighthouse Christian Fellowship, Inc. tract, and with said curve to the left a total arc distance of 1,063 .17
Page 242
Item 12.
12
feet (Chord Bearing North 63 degrees 09 minutes 45 seconds East - 1,025.38 feet) to a 5/8-inch iron rod
found at the point of tangency;
THENCE North 36 degrees 33 minutes 44 seconds East, continuing with the southeasterly line of said
Collin County Lighthouse Christian Fellowship, Inc. tract, a distance of 100.34 feet to a 5/8-inch iron rod
found at the point of curvature of a curve to the right, having a radius of 1,055.00 feet and a central angle
of 07 degrees 09 minutes 13 seconds;
THENCE continuing with the southeasterly line of said Collin County Lighthouse Christian Fellowship,
Inc. tract, and with said curve to the right, an arc distance of 131. 72 feet (Chord Bearing North 40 degrees
08 minutes 20 seconds East- 131.63 feet) to a 1/2-inch iron rod found at the southeast comer of said Collin
County Lighthouse Christian Fellowship, Inc. tract, being in the west line of a tract of land described in
deed to Sumeer Homes, Inc., recorded in Instrument No. 20210323000571600, O.P.R.C.C.T.;
South 00 degrees 02 minutes 37 seconds East, with the east line of said 73.060 acre tract and the west line
of said Sumeer Homes, Inc. tract, a distance of 628.71 feet to a 5/8-inch iron rod found;
THENCE South 00 degrees 11 minutes 42 seconds West, continuing with the east line of said 73.060 acre
tract and the west line of said Sumeer Homes, Inc. tract, a distance of 889.76 feet (unable to set - falls in
fence post);
THENCE South 00 degrees 40 minutes 20 seconds West, continuing with the east line of said 73.060 acre
tract and the west line of said Sumeer Homes, Inc. tract, a distance of 176.12 feet to a 5/8-inch iron rod
found at the southwest corner of said Sumeer Homes, Inc. tract and the northernmost northwest corner of
said 55.855 acre tract, being North 00 degrees 42 minutes 18 seconds East, a distance of 548.04 feet from
a 5/8-inch iron rod found at the southeast corner of said 73.060 acre tract;
North 89 degrees 36 minutes 16 seconds East, departing the east line of said 73.060 acre tract, with a north
line of said 55.855 acre tract and the south line of said Sumeer Home, Inc. tract, a distance of 940.68 to the
POINT OF BEGINNING and containing 73.9216 acres of land.
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Item 12.
13
EXHIBIT B
Building Materials
Single-Family Residential Structures
A. EXTERIOR MATERIALS AND DETAILING:
i. Exterior materials shall be 100% masonry (brick, cast stone, stone,
stucco and cementitious siding) on all walls visible from any street, and
80% masonry on each (not cumulative) remaining side and rear
elevations. No Exterior Insulation and Finish Systems (E.I.F.S.) are
permitted on any exterior elevation or chimney.
ii. The entire structure shall be guttered with downspouts. All gutter and
downspouts on the front of the house and any side that faces a street
or common area shall be pre-finished, seamless aluminum material.
Gutters shall not drain across property lines.
iii. All windows visible from streets shall be (i) painted, (ii) vinyl, or (iii) vinyl
clad finished wood. All windows facing any greenbelt area or floodplain
shall be (i) vinyl, (ii) vinyl on wood; or (iii) wide metal frame windows.
iv. Stone may be natural or engineered chopped, rectangular, saw cut,
random sized stone, or a combination of these.
B. ROOFING:
i. The primary massing of the roof on the main residential building shall
have a minimum slope of 6:12. Accessory roof structures and
architectural features shall have a minimum slope of 1.5:12. Satellite
Dishes shall not be installed in locations visible from the street, common
areas or other residences.
ii. Roof material shall be standing seam copper, standing seam metal,
natural slate shingles, imitation slate shingles, cementitious tile, or
composition 30-year laminated shingles or other approved roof
materials.
Page 244
Item 12.
14
EXHIBIT C
Town Interpretations and Approvals Related to PD Ordinance
PD
Ordinance,
Exhibit F
Section
number
PD Ordinance Requirement Town Interpretation or Approval
PD
Ordinance,
Exhibit F,
Section 2.8
A uniform mailbox style will be selected
by the developer.
The Parties agree that the PD Ordinance
requirement is still enforceable under
Chapter 3000, but would like to further
clarify this requirement. By way of
clarification of this requirement, the
Town confirms that cluster mailboxes
are considered a type of mailbox style
and are allowed under this PD
Ordinance provision so long as all
mailboxes within a phase of
development are uniform. All
mailboxes will be installed as approved
by the United States Postal Service.
PD
Ordinance,
Exhibit F,
Section 4.1
Walls and screens visible from streets or
common areas shall be constructed of
masonry matching that of the residence,
masonry and wrought iron, or wrought
iron. Walls and screens not visible from
streets or common areas may be
constructed of smooth finish redwood or
#1 grade cedar. All fence posts shall be
steel set in concrete and shall not be
visible from the alley or another
dwelling. All fence tops shall be level
with grade changes stepped up or down
as the grade changes.
By way of clarification of this
requirement, the Town confirms that the
requirement for walls and screens
visible from streets or common areas to
be constructed of (i) masonry matching
that of the residence; (ii) masonry and
wrought iron; or (iii) wrought iron is
intended to only apply to perimeter
walls and screens on collector streets.
Fences visible from residential streets
(rather than collector streets) are not
subject to the aforementioned
requirement and may be constructed of
smooth finish, pre-stained redwood or
cedar. Grade changes for fences may be
accomplished with steps up or down.
PD
Ordinance,
Equipment, air conditioning
compressors, service yards, storage
piles, woodpiles, garbage receptacles,
and similar items must be visually
The Town confirms that the requirement
to screen with solid screening walls that
match the residence material means
material that is consistent with the
Page 245
Item 12.
15
Exhibit F,
Section 4.3
screened from streets, alleys, common
areas and neighboring lots by solid
screening walls that match the residence
material.
residence material and does not have to
be an identical material.
PD
Ordinance,
Exhibit F,
Section 5
All driveways fronting on a street shall
be constructed of one or more of the
following materials: brick pavers, stone,
interlocking pavers, or exposed
aggregate; with brick or stone borders or
other approved materials. The Developer
may consider front driveways of
stamped or broom finished concrete with
brick or stone borders on a case-by-case
basis. All front entry surfaces must be
constructed in brick, stone, slate, or
flagstone. All sidewalks and steps from
the public sidewalk or front driveway to
the front entry must be constructed in
brick, stone, slate, flagstone or other
approved materials.
The Town hereby approves that (i)
driveways may be constructed of
broom, pattered or exposed aggregate
concrete (as an approved
material/option in addition to the other
material options listed in the PD
Ordinance); and (ii) sidewalks and steps
from the public sidewalk or front
driveway to the front entry may be
constructed of wide broom finished
concrete (as an approved
material/option in addition to the other
material options listed in the PD
Ordinance). The sidewalks and steps
from the public sidewalk or front
driveway are interpreted to include the
curb approach.
Page 246
Item 12.
EXHIBIT “F”
SINGLE-FAMILY RESIDENTIAL STYLE ‘A’ DESIGN GUIDELINES
1. ARCHITECTURE:
All residences must conform to the French Country or European style and character. The
Developer encourages architectural continuity through traditional architectural style and
the use of complementary materials, as well as architectural diversity through variation of
hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While
each home should compliment adjacent structures, every home should have a unique
identity through the use of detailing such as cast stone, wrought iron, window treatments,
dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick
and natural stone, gas lights, landscape illumination, etc. The Developer encourages the
use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative
features, paint grip sheet metal, copper guttering and European architectural details that
individualize each residence.
2. EXTERIOR MATERIALS & DETAILING:
2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls
visible from any street, and 80% masonry on each (not cumulative) remaining side
and rear elevations. All exposed portions of the fire breast, flu and chimney shall
be clad in brick, stone or brick and stone, matching the materials used on the
residence. All window headers, sides and sills, which are exposed to the street or
common areas, shall be constructed of cast stone, natural stone, decorative shaped
brick or a combination thereof. All windows will have a least 6” of exterior material
between the header and fascia board. No Exterior Insulation and Finish Systems
E.I.F.S.) are permitted on any exterior elevation or chimney.
2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts
on the front of the house and any side that faces a street or common area shall be
molded form of smooth round material. Gutters shall not drain across property
lines.
2.3. All windows visible from streets shall be painted or vinyl clad finished wood or
vinyl casement divided light windows. All windows facing any greenbelt area or
floodplain shall be vinyl on wood casement divided light or wide metal frame
windows with brick mould surrounds. Metal windows without brick mould are
allowed only in private enclosed yard areas.
2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this
document, no window shall be allowed on the zero side of a dwelling other than
those windows that would view to a courtyard enclosed by a masonry wall. The
height of such courtyard windows shall not be higher than the masonry wall. Glass
block windows shall be allowed and shall not be bound by this restriction
Ordinance No. 18-54, Page 37 Page 247
Item 12.
2.5. Second story side windows shall be located so as to restrict views into adjacent
windows, patios, and/or courtyards as reasonably possible. The Developer will
review for approval the location of all second-floor windows and shall make a
reasonable effort to maintain the privacy of the surrounding property owners.
2.6. Each structure shall have a minimum principal plate height of 10 feet on the first
floor and a minimum plate height of 9 feet on garages.
2.7. A uniform house number style and house number locations will be selected by the
developer.
2.8. A uniform mailbox style will be selected by the developer.
2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of
these. Stone shall be in chopped rectangular shapes and random sizes.
2.10. Cast Stone shall be light brown, white or cream in color with or without pitting.
2.11. Electrical meters visible from streets:
1. The supply conduit for electrical meters visible from streets or common
areas shall enter the foundation beneath the final yard grade so that the
electrical meter is recessed in the wall and the meter box front and the meter
are the only items visible.
2. Any meter visible from the street or common area must be screened by solid
fencing or landscape material.
3. ROOFING:
3.1. All roofs shall have a minimum slope of 12:12 roof pitch on any front and side
visible from a street or a common area and a minimum slope of 8:12 roof pitch for
rear and sides not visible from a street or a common area. Architectural designs
that warrant roof sections of less pitch will be given consideration by the Developer.
Satellite Dishes shall not be installed in locations visible from the street, common
areas or other residences. Solar Collectors, if used, must be integrated into the
building design and constructed of materials that minimize their visual impact.
Cornice, eave and architectural details may project up to two feet six inches.
3.2. Roof material shall be standing seam copper, approved standing seam metal, natural
slate shingles, approved imitation slate shingles or approved composition 30-year
laminated shingles or other approved roof materials.
3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms
should be randomly distributed along each street. Front to rear and side-to-side
roof pitches must match on front elevations. The Developer will require variation
of roof pitch, dormer details, etc. for adjacent structures.
4. WALLS / FENCING / SCREENING:
Ordinance No. 18-54, Page 38 Page 248
Item 12.
4.1. Walls and screens visible from streets or common areas shall be constructed of
masonry matching that of the residence, masonry and wrought iron, or wrought
iron. Walls and screens not visible from streets or common areas may be
constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be
steel set in concrete and shall not be visible from the alley or another dwelling. All
fence tops shall be level with grade changes stepped up or down as the grade
changes.
4.2. A common 4’ wrought iron fence detail, to be used for all rear and side fencing
within the greenbelt / flood plain areas, will be chosen by the developer.
4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles,
garbage receptacles, and similar items must be visually screened from streets,
alleys, common areas and neighboring lots by solid screening walls that match the
residence material.
4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear
yards within a greenbelt shall be constructed of mortar-jointed brick matching the
residence, or mortar-jointed Millsap stone. For retaining walls in other locations,
concrete and rock shall be allowed.
5. GARAGES / DRIVEWAYS / WALKWAYS:
All driveways fronting on a street shall be constructed of one or more of the following
materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or
stone borders or other approved materials. The Developer may consider front driveways
of stamped or broom finished concrete with brick or stone borders on a case-by-case basis.
All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All
sidewalks and steps from the public sidewalk or front driveway to the front entry must be
constructed in brick, stone, slate, flagstone or other approved materials.
6. EXTERIOR LIGHTING:
Each required tree shall be down lighted with a minimum of two landscape illumination
fixtures connected to an electric eye photocell. In addition, all garage doors must have one
exterior light per parking space. All front entrances must have no less than one down light
and a minimum of one bracket light beside each front entrance. All entrance down lights
and all entrance bracket lights shall be controlled by electric eye photocells, and kept in
working order at all times. All required tree lights, garage door lights, entrance down lights
and entrance bracket lights shall illuminate at dusk and shall remain illuminated until
sunrise.
7. TREES:
Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks
in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park
will require no less than one 5” caliper live oak or red oak tree for every 35’ of street and
park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would
require 3 trees.
Ordinance No. 18-54, Page 39 Page 249
Item 12.
EXHIBIT “G”
SINGLE-FAMILY RESIDENTIAL STYLE ‘B’ DESIGN GUIDELINES
1. ARCHITECTURE:
The Developer encourages architectural continuity through traditional architectural style
and the use of complementary materials, as well as architectural diversity through variation
of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc.
While each home should compliment adjacent structures, every home should have a unique
identity through the use of detailing such as cast stone, wrought iron, window treatments,
dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick
and natural stone, gas lights, landscape illumination, etc.
2. EXTERIOR MATERIALS & DETAILING:
2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls
facing any street, and 80% masonry on each (not cumulative) remaining side and
rear elevations. All exposed portions of the fire breast, flu and chimney shall be
clad in brick, stone, brick and stone or stucco. No Exterior Insulation and Finish
Systems (E.I.F.S.) are permitted on any exterior elevation or chimney.
2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain
across property lines.
2.3. All windows visible from streets shall be painted or vinyl clad finished wood, vinyl
casement divided light windows, or approved metal windows. All windows facing
any greenbelt area or floodplain shall be vinyl on wood casement divided light or
wide metal frame windows.
2.4. For homes following the Type ‘D’ guidelines described in Section 1.7 of this
document, no window shall be allowed on the zero side of a dwelling other than
those windows that would view to a courtyard enclosed by a masonry wall. The
height of such courtyard windows shall not be higher than the masonry wall. Glass
block windows shall be allowed and shall not be bound by this restriction
2.5. Second story side windows shall be located so as to restrict views into adjacent
windows, patios, and/or courtyards as reasonably possible. The Developer will
review for approval the location of all second floor windows and shall make a
reasonable effort to maintain the privacy of the surrounding property owners.
2.6. Each structure shall have a minimum principal plate height of 10 feet on the first
floor and a minimum plate height of 9 feet on garages.
2.7. A uniform house number style and house number locations will be selected by the
developer.
2.8. A uniform mailbox style will be selected by the developer.
Ordinance No. 18-54, Page 51 Page 250
Item 12.
2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone, a combination of
these or as approved by the developer.
2.10. Cast Stone shall be light brown, white or cream in color with or without pitting.
2.11. Electrical meters visible from streets:
1. Any meter visible from the street or common area must be screened by solid
fencing or landscape material.
3. ROOFING:
3.1. All roofs shall have a minimum slope of 10:12 roof pitch on any side visible from
a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides
not visible from a street or a common area. Architectural designs that warrant roof
sections of less pitch will be given consideration by the Developer. Satellite Dishes
shall not be installed in locations visible from the street, common areas or other
residences. Solar Collectors, if used, must be integrated into the building design
and constructed of materials that minimize their visual impact. Cornice, eave and
architectural details may project up to two feet six inches.
3.2. Roof material shall be standing seam copper, approved standing seam metal, natural
slate shingles, approved imitation slate shingles or approved composition 30-year
laminated shingles or other approved roof materials.
3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms
should be randomly distributed along each street. The Developer will require
variation of roof pitch, dormer details, etc. for adjacent structures.
4. WALLS / FENCING / SCREENING:
4.1. Front walls and screens visible from streets shall be constructed of masonry
matching that of the residence, masonry and wrought iron, or wrought iron. Side
and rear fences shall be constructed of smooth finish redwood, #1 grade cedar or
other approved materials. All fence posts shall be steel set in concrete and shall not
be visible from the alley or another dwelling. All fence tops shall be level with
grade changes stepped up or down as the grade changes.
4.2. A common 4’ wrought iron fence detail, to be used as required, will be chosen by
the developer.
4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles,
garbage receptacles, and similar items must be visually screened from streets,
alleys, common areas and neighboring lots.
Ordinance No. 18-54, Page 52 Page 251
Item 12.
4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear
yards within a greenbelt shall be constructed of mortar-jointed brick matching the
residence, or mortar-jointed Millsap stone. For retaining walls in other locations,
concrete and rock shall be allowed.
5. GARAGES / DRIVEWAYS / WALKWAYS:
All driveways fronting on a street shall be constructed of one or more of the following
materials: brick pavers, stone, interlocking pavers, exposed aggregate or other approved
materials. The Developer may consider front driveways of stamped or broom finished
concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must
be constructed in brick, stone, slate, flagstone or exposed aggregate. All sidewalks and
steps from the public sidewalk or front driveway to the front entry must be constructed in
brick, stone, slate, flagstone, exposed aggregate or other approved materials.
6. EXTERIOR LIGHTING:
All front entrances must have no less than one down light and a minimum of one bracket
light beside each front entrance.
7. TREES:
Landscape requirements shall include a minimum of two 4” caliper live oaks or red oaks
in the front yard. In addition to the 2 required front yard trees, a minimum of two 4”
caliper live oaks or red oaks shall be planted in each side yard space that abuts a street.
Ordinance No. 18-54, Page 53 Page 252
Item 12.
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 – April 16, 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 April 2, 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-23-0202 – Frontier Retail Center, Block A, Lot 5 (Approved 5-0)
Town Staff Recommendation:
Town Staff recommends the Town Council take no action on this item.
Proposed Motion:
N/A
PLANNING
Page 253
Item 13.
NOTES:
1.ALL DIMENSIONS ARE TO FACE OF CURB
UNLESS OTHERWISE NOTED.
2.REFER TO ARCHITECTURAL PLANS FOR
BUILDING DIMENSIONS AND EXACT DOOR
LOCATIONS.
LEGEND
STANDARD DUTY CONCRETE PAVEMENT
HEAVY DUTY CONCRETE PAVEMENT
DUMPSTER AREA CONCRETE PAVEMENT
SIDEWALK CONCRETE PAVEMENT
PROPOSED CONCRETE CURB AND GUTTER
PARKING COUNT
FULL-DEPTH SAWCUT
PROPOSED FIRE LANE STRIPPING
PROPOSED DIRECTIONAL SIGNAGE
PROPOSED SITE LIGHTING
DATENo.REVISIONBYDATE:
SHEET
CASE NO.
CHECKED:
MAM
DRAWN:DC
DESIGN:FRONTIER RETAIL CENTERBEING PART OF 70.91 ACRES OF LANDOUT OF COLLIN COUNTY SCHOOL LANDSURVEY, ABSTRACT NO. 147PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
MAM
3/14/2024
2022-029101/15/2024UPDATES TO WATER LINES A AND DASD202/06/2024UPDATE TO WATER LINE CASDSHORTENED COLLECTOR ROAD3 02/12/2024ASDDECREASED SERVICE LINE SIZES TO LOT 3402/13/2024ASDDECREASED MOISTURE CONDITIONING DEPTHAT DALLAS NORTH TOLLWAY TURN LANES503/05/2024ASDSAN. SWR. RIM ELEV. CHANGES ON LINE ASTORM INLET TOP ELEV. CHANGE603/11/2024ASDSAN. SWR. FORCE MAIN ELEVATION ADJUSTMENTTO AVOID CONFLICT WITH FUTURE STORM PIPE703/14/2024ASDGRADING AND FORCE MAIN ELEVATION CHANGEAT PROPOSED LIFT STATION. REMOVE 6" STUB (N)0
GRAPHIC SCALE
1 inch = ft.
30 30 60
30
15
COUNTY SURVEY:ABSTRACT NO.
COLLIN COUNTY SCHOOL 147
OWNER:
APPLICANT/ENGINEER:
CONTACT NAME: DREW DONOSKY
COLLIN
ARCHITECT
CLAYMOORE ENGINEERING, INC.
301 S COLEMAN, SUITE 40
PROSPER, TX 75078
PH: 817.201.6982
DNT FRONTIER, LP
4215 W LOVERS LANE, SUITE 250
DALLAS, TX 75209
PH: 817.201.6982 CONTACT NAME: DAVID FOGEL
ACCORDING TO MAP NO. 48085C0115J, DATED 06/02/2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREAS
DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN).
FLOODPLAIN NOTE
OPEN SPACE NOTE:
7% OF NET LOT AREA IS REQUIRED TO BE PROVIDED AS
OPEN SPACE. THE FOLLOWING SHALL NOT BE INCLUDED:
VEHICULAR PAVING, REQUIRED PARKING LOT
LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY
YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS,
AND DETENTION PONDS.
WATER METER SCHEDULE
ID TYP.SIZE NO.SAN. SEWER
DOM.2"1 6"
IRR.2"1 N/A2
1
2 1
SITE PLAN
SP-1SITE PLAN1)All development standards shall follow Town Standards.
2)Landscaping shall conform to landscape plans approved by the Town of Prosper.
3)All development standards shall follow Fire Requirements per the Town of Prosper.
4)Handicapped parking areas and building accessibility shall conform to the Americans with
Disabilities Act (ADA) and with the requirements of the current, adopted Building Code.
5)All signage is subject to Building Official approval.
6)Impact fees will be assessed in accordance with the land use classification(s) identified on
the Site Data Summary Table; however, changes to the proposed land use at the time of CO
and/or finish-out permit may result in additional impact fees and/or parking requirements.
7)The approval of a Preliminary Site Plan shall be effective for a period of two (2) years from
the date that the Preliminary Site Plan is approved by the Planning & Zoning Commission, at
the end of which time the applicant must have submitted and received the approval of a Site
Plan by the Planning & Zoning Commission. If a site plan is not approved within such two (2)
year period, the Preliminary Site Plan approval is null and void. If Site Plan approval is only
for a portion of the property, the approval of the Preliminary Site Plan for the remaining
property shall be null and void.
8)Open Space requirements shall follow the Zoning Ordinance, per tract. Open Space shall not
include vehicular paving, required parking lot landscape islands, building footprint, utility
yards, required landscape setbacks, sidewalks*, and detention pond *
SITE PLAN NOTES
DEVAPP-23-0202
PREPARATION DATE: 3/14/2024
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
BEING ALL OF LOT 5, BLOCK A, FRONTIER RETAIL
CENTER AN ADDITION TO THE TOWN OF PROSPER,
COLLIN COUNTY, TEXAS RECORDED IN DOC.
2024010000070 O.P.R.C.T., SITUATED IN THE COLLIN
COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147,
COLLIN COUNTY, TEXAS
ZONING: PLANNED DEVELOPMENT-69 (PD-69)
CONTACT NAME: JERAMY WILLIAMS
JAW ARCHITECTS
PH: 817.705.3387620619
620
623 623
621
6
2
0
620
620
620
621
614
615613613
613613
623
622 621
620 619 618617
616
615 614
623 622 621
620 619
618 617616
615 614
614 615
616 617
618
619
620
62162162224'18'10'20.1'9'24'R3
0
'R30'30'36'
PROP. RAMP PER
TOWN STANDARDS
PROPOSED 6' WIDE
MEANDERING SIDEWALK
PER TOWN STANDARDS
FIRE HYD.
BY OTHERS
FIRE HYD.
BY OTHERS
PROP.
HEADLIGHT
SCREENING
CWD
TRASH
ENCLOSURE
PROP.
FH.
FIRE HYD.
BY OTHERS
R15'R20'
20.1'20'20.1'
6.13'
74.34'84.25'12'6'12'158.75'72.87'
18'20'R15'R20'
R20'
R20'R20'R20.5'
R20.5'
R20.5'R32.5'
R
2
0
.
5
'
R
1
0
'
R3'R2'R20'
R20'R5'R5'10'
EXISTING
DRAINAGE
STRUCTURE
14.5
'
11'
RETAINING WALL
WITH HANDRAIL
BY OTHERS
RETAINING WALL
WITH HANDRAIL
BY OTHERS
BFR
BY OTHERS
BFR
BY OTHERS
5' LANDSCAPE SETBACK10' LANDSCAPE SETBACK
PROPOSED
RESTAURANT
W/DRIVE-THRU
45-97
4,445 SF
15' LANDSCAPE & ACCESS EASEMENT30' LANDSCAPE EASEMENT
PROPOSED 6' WIDE
SIDEWALK PER
TOWN STANDARDS
FIRE HYD.
BY OTHERS 9'
9'20'20'9'
CONCRETE PVMT.
PER TOWN STDS.
PROP.
MONUMENT
SIGN
30' WIDE
FIRE LANE, ACCESS,
AND UTILITY ESMT.
BY OTHERS
26.16'20'94.83'18'
50.65'129.52'169.86'ROW DEDICATION
BFR
BY OTHERS
BFR
BY OTHERS
R10'R2'R5'
R
1
0
'R2'1
0
'
STREET LIGHT
BY OTHERS
STREET LIGHT
BY OTHERSR30'
R50'
PROP. RAMP PER
TOWN STANDARDS
ZONED: RETAIL/COMMERCIAL PD-69
ZONED: RETAIL/COMMERCIAL PD-69
ZONED: RETAIL/COMMERCIAL PD-6915' WATEREASEMENTGRATE
INLETGRATE
INLET
GREASE
TRAP
11' x 16'-6" x 8'-11" TALL
BRICK "SLATE GRAY" VENEER
TO MATCH BUILDING
45.67'97.33'ORDER
BOARD
30' BLDG. SETBACK
15' BLDG. SETBACK15' BLDG. SETBACK15' BLDG. SETBACKPROPOSED SIDEWALK
TRAIL BY OTHERS
ROOF MOUNTED
HVAC UNITS
TO BE FULLY
SCREENED
3 WHEEL STOPS
Page 254
Item 13.
Page 1 of 4
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 – April 16, 2024
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
Conduct a Public Hearing and consider and act upon a request for a Specific Use Permit to allow
a Licensed Child-Care Center use, on 2.0± acres, on Barnes Addition, Block A, Lot 1, located on
the east side of Parvin Street and 190± feet south of Seventh Street. (ZONE-23-0038)
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 255
Item 14.
Page 2 of 4
Zoning:
The property is zoned Single-Family 15.
Thoroughfare Plan:
This property has direct access to Parvin 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. Future Land Use Plan Exhibit
3. Exhibit A – Survey
4. Exhibit B – Site Plan
5. Exhibit C – Landscape Plan
6. Exhibit D – Elevations
7. Exhibit E – Code of Ordinances – Animal Control (Section 2.07.006)
8. Exhibit F – Fencing Exhibit
9. Email in Opposition
10. Letter in Opposition
Description of Agenda Item:
The purpose of this request is to obtain a Specific Use Permit to operate a licensed child-care
center, The School House. The applicant plans to convert an existing residential home into the
proposed licensed child-care center. The building will be expanded 430 square feet for a total area
of 2,794 square feet. The site is approximately two acres and will have a licensed child-care center,
barn, green house, and playground. The child-care center is planning for a maximum enrollment
of 60 students and ten staff members, which will be dependent upon the Texas Child-Care
Licensing Department as well as building and fire code occupancy limits. Additionally, the
proposed barn will house small animals for the children with which to interact. Per the Town’s
Code of Ordinances, animals such as chickens, guinea pigs, and rabbits are permitted (See
attached Exhibit E).
Compatibility:
This zoning change would not be seen as out of character with the existing neighborhood due to
compatibility with the uses in the surrounding area. The property to the east, Reynolds Middle
School, is operated by Prosper Independent School District. The similarity of these surrounding
uses emphasizes that a licensed child-care center is compatible with the area.
Page 256
Item 14.
Page 3 of 4
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property Single Family-15 Residential Old Town District
North Single Family-15 Residential Old Town District
East Single Family-15 Middle School Old Town District
South Single Family-15 Residential Old Town District
West Single Family-15 Residential Old Town District
Applicant Requests:
The applicant is requesting that the following conditions be part of the Specific Use Permit.
- Request 1:
The landscape easement on the northern boundary is proposed to be ten feet.
The Zoning Ordinance requires 15-foot landscape easements adjacent to residential
development. The applicant is requesting a five-foot reduction in this requirement for a total
of ten feet to accommodate parking, a fire lane, and drive aisle north of the building. Staff
recommends allowance of the five-foot reduction to the landscape easement due to the
existence of a 20-foot unimproved alley, owned by the Town, between the subject property
and the adjacent residential properties to the north.
- Request 2:
The screening on the property lines is proposed to be wrought-iron fencing overlaid with a
metal mesh where vines will grow. Columns will be spaced 16 feet apart and have a veneer
of hardie panel to match the building. (See Fencing Exhibit)
The Zoning Ordinance requires a six-foot masonry wall adjacent to residential zoning. The
applicant is requesting an alternative fence to provide a natural look that matches the
design of the building. Staff recommends compliance with the requirement for a six-foot
masonry wall.
Page 257
Item 14.
Page 4 of 4
Specific Use Permit Criteria:
The Zoning Ordinance contains the following four (4) criteria to be considered in determining the
validity of an SUP request.
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
Reynold’s Middle School operated by Prosper ISD is directly east of the property. The
adjacent educational use indicates that a licensed child-care center is both harmonious
and compatible with its surrounding existing uses.
2. Are the activities requested by the applicant normally associated with the requested use?
The activities will include both educational activities and recreational activities. These
activities requested by the applicant are normally associated with the requested use.
3. Is the nature of the use reasonable?
The compatibility of the licensed child-care center with the surrounding area makes the
nature of the use reasonable.
4. Has any impact on the surrounding area been mitigated?
The requirement for a six-foot masonry wall adjacent to residential areas will mitigate the
impact to the surrounding area. The applicant’s current proposal does not adequately
mitigate the impact on the surrounding area.
Staff recommends approval of the request subject to full compliance wit h the Zoning Ordinance
regarding screening.
Town Staff Recommendation:
Town Staff recommended approval of the request for a Specific Use Permit to allow a Licensed
Child-Care Center use, on 2.0± acres, on Barnes Addition, Block A, Lot 1, located on the east side
of Parvin Street and 190± feet south of Seventh Street to the Planning & Zoning Commission
subject to the following conditions:
1. The landscape easement on the northern boundary shall be a minimum of ten feet.
2. The screening around the property shall be a six-foot masonry wall.
Planning & Zoning Recommendation:
The Planning & Zoning Commission recommended approval of this item by a vote of 6-0 at their
meeting on March 19, 2024, subject to the following conditions:
1. The landscape easement on the northern boundary shall be a minimum of ten feet.
2. The screening around the property shall be a six-foot masonry wall.
Proposed Motion:
I move to approve/deny the request for a Specific Use Permit to allow a Licensed Child-Care
Center use, on 2.0± acres, on Barnes Addition, Block A, Lot 1, located on the east side of Parvin
Street and 190± feet south of Seventh Street subject to the recommendations from the Planning
& Zoning Commission.
Page 258
Item 14.
0 225 450112.5
Feet
E SEVENTH ST
N PARVIN STNORTH STE SIXTH ST
E SEVENTH ST
E FIFTH ST
E FIFTH STCHURCH
CRAIGFM 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
¯
Specific Use Permit
ZONE-23-0038
The School House
This map for illustration purposes only
Page 259
Item 14.
0 140 28070
Feet
SF-15
SF-15
S-5
SF-15E SEVENTH ST
N PARVIN STN PARVINSTNORTH STNPARVINSTE SEVENTH ST E SEVENTH ST
N PARVIN STE FIFTH ST
FM 1385LACIM ABLVDUS HIGHWAY 380
FRONTIER PKWY
FIRST ST
PRESTON RDCOIT RDCUSTER RDLEGACY DRFM423TEELPKWYMAHARD PKWYDALLASNORTHTOLLWAYPROSPER TRL
LOVERS LN
BROADWAY ST
SHAWNEE TRLR I C H L A N D BLVDCOLEMANPRAIRIEDRIVE
GEE RD HAYS RDFISHTRAP RD
PARVIN RD
¯
This map for illustration purposes only
Specific Use Permit
ZONE-23-0038
The School House
Page 260
Item 14.
Future Land Use Plan Exhibit
Page 261
Item 14.
A R C H I T E C T
A G M A N Ngregory
404 Provincetown Ln.
Richardson, Texas 75080
214.926.7575
ggharchitect@yahoo.com
THE S C H O O L H O U S E
R E M O D E L : D A Y C A R E F A C I L I T Y
REGISTE R E D A
R
C
H
I
TECTST
A
T
E O F T E xAS1 6 0 5 7GREGORY G . H AG
M
A
NN12. 04, 2023
304 N. PARVIN ST. PROSPER, TX. 75078 Located in the Town of Prosper, Texas
SPECIAL USE PERMIT
ARCHITECT
gregory HAGMANN
COPYRIGHT 2023
LOT 1 BLOCK A, Barnes Addition
Collin County, Tx. Vol. 2011, pg.26,
Platt Records of Collin City., Texas.
APPLICANT:Bill Oelfke
c: 214.418.0455
e: JP@RogersHealy.com
w: RogersHealy.com
a: 3001 Knox Street #210, Dallas, TX 75205
CLIENT:JP Findley
2.017 Acre Tract
I S S U E :
P R O J E C T
NO: 2321BO.01
N SUP Review
DEC. 04, 2023
Resubmit 01.24.24
720
715
735730720725710715
735730725
705
700 710705
705
705
"EXHIBIT A"
ZONE-23-0038
LOT SURVEY
EXISTING
BUILDING
SUP A
LOT SURVEY
SCALE: 1" = 20'-0"
01
GREATER VICINITY MAP
SCALE: NTS
03
PROPERTY DESCRIPTION:
Lot 1, BLOCK A, BARNES ADDITION, an Addition to the Town of Prosper,
Collin County,Texas, according to the Map or Platt recorded in Volume 2001,
Page 26, Platt records of Collin County, Texas.
E 7TH ST.N. PARVIN ST.E 5TH ST.
ADMINISTRATION BLDG.
VICINITY MAP
SCALE: NTS
02
METES & BOUNDS
POINT OF BEGINING
NOT REFERENCED ON LEGAL SURVEY
SITE LOCATION
304 N. PARVIN ST.
EDGE
OF ZONING
BOUNDARY
EDGE
OF ZONING
BOUNDARY
EDGE
OF ZONING
BOUNDARY
Page 262
Item 14.
25' BLDG. LINEPLAY
GROUND
4,490 s.f.
Natural Landscape Natural Landscape6' HT. FENCE PER CODE (MASONRY)
SEE DETAIL 02/EXIBIT B
FENCE
FENCEFENCEFENCEG.
G.Natural LandscapeNOTE : ALL WALK WAYS & PATHS TO BE ADA ACCESSIBLE
Builldng to be SPRINKLERED
31'-0" RPARVIN ST.30' R
30' R
10' LANDSCAPE BUFFER
NEW CONC. PARKING
6,000 S.F.
60'-0"
6' HT. FENCE PER CODE (MASONRY)
SEE DETAIL 02/EXIBIT B
Natural Landscape
15' LANDSCAPE BUFFER
ADJACENT TO RESIDENTIAL
9 8
NEW CONC. FIRE LANE
6,334 S.F.
NEW CONC. FIRE LANE
12,785 S.F.
6' HT. FENCE PER CODE (MASONRY)
SEE DETAIL 02/EXIBIT B
LANDSCAPE
7,803 S.F.
6' HT. FENCE PER CODE (MASONRY)
SEE NOTE * IN SITE DATA
6' HT. FENCE PER CODE (MASONRY)
SEE DETAIL 02/EXIBIT B
NEW CONC. FIRE LANE
15' LANDSCAPE BUFFER
ADJACENT TO RESIDENTIAL
DUMPSTER in 12' x 11'x 8'
ENCLOSURE per Republic Design Stds.
FRONT LOADING Container
Manual Gate
Minimum 24-foot height
clearance over container
NEW CONC.
1,550 S.F.
SIDEWALK SIDEWALKLANDSCAPE
2,827 S.F.SIDEWALK5' LANDSCAPE
BUFFER
EXISTING BLDG.
New Use
DAYCARE
2,794 S.F.
LOT 1
BLOCK A
1.999 ac.
OPEN AIR
BELL TOWER
ENTRY
45 Sq ft
ADDITION
430 s.f.
FENCE
FENCEFENCE
GREEN
HOUSE
320 s.f.FENCEG.
G.
G.20'-0"24'-0"
54'-0"
BARN
600 s.f.
10' UTIL. ESMT. BLDG. LINE
S 89° 22' 24" W 236.14'
10' BLDG. LINE
5' UTIL. ESMT.10' UTIL ESMT.10' BLDG. LINEN 0° 41' 11" E30.00'N 89° 38' 5" E 330.70'S 00° 00' 08" WN 0° 21' 7" W100.00'70.46'S 02° 22' 44" W60 R.O.W. PER PLATN 89° 38' 5" E 160.00'
10' BLDG. LINE 10' BLDG. LINES 89° 22' 24" W 250.00'
10' BLDG. LINE
35' BLDG. LINE.15' UTIL ESMT.4' ht. Hedge
Fence
4' ht. Hedge
Fence
A R C H I T E C T
A G M A N Ngregory
404 Provincetown Ln.
Richardson, Texas 75080
214.926.7575
ggharchitect@yahoo.com
THE S C H O O L H O U S E
R E M O D E L : D A Y C A R E F A C I L I T Y
REGISTE R E D A
R
C
H
I
TECTST
A
T
E O F T E xAS1 6 0 5 7GREGORY G . H AG
M
A
NN12. 04, 2023
304 N. PARVIN ST. PROSPER, TX. 75078 Located in the Town of Prosper, Texas
SPECIAL USE PERMIT
ARCHITECT
gregory HAGMANN
COPYRIGHT 2023
Barnes Addition, BLOCK A, LOT 1
Collin County, Tx. Vol. 2011, pg.26,
Platt Records of Collin City., Texas.
APPLICANT:Bill Oelfke
c: 214.418.0455
e: JP@RogersHealy.com
w: RogersHealy.com
a: 3001 Knox Street #210, Dallas, TX 75205
CLIENT:JP Findley
2.017 Acre Tract
I S S U E :
P R O J E C T
NO: 2321BO.01
N SUP Review
DEC. 04, 2023
Resubmit 03.12.24
GREEN SCREEN / MASONRY FENCE6'-0"STANDARD ROD IRON FENCE w/
EXPANDED METAL MESH TO HOLD
IVY OR VINES
6'-0"16'-0"1'-4"1'-4"
8 x 16 CMU w/
HARDIE PANEL
VENEER (WHITE)
LIGHTING
(OPTIONAL)6'-0"LIGHTING
(OPTIONAL)6'-0"16'-0"1'-4"1'-4"
IVY OR VINES
EXISTING
HOUSE 167.32'23.90'
OFF SITE CULVERT
705
20 Alley (Vol.4,Pg.77)
Fred R. Wilson
Vol. 1095, Pg. 263
D.R.C.C.T.
Michael Saylors
Valley View Addition 1st Installment
BLOCK A, LOT 2R
SF-15
Prosper ISD
Vol.605, Pg. 29
D.R.C.C.T.
PROPOSED GREEN SCREEN / MASONRY FENCE
SCALE: 1/4" = 1'-0"
02 24'-0"2
0
'
-
0
"
20' Drainage
Esmnt.
(Vol. 3459, Pg.125)
20' Drainage Esmnt.
(Vol. 3459, Pg.125)175 feet to 7th Street470 feet to 5th Street58.6'2nd Access/Egress Variance
"EXHIBIT B"
ZONE-23-0038
SITE PLAN
SUP B
E 7TH ST.N. PARVIN ST.E 5TH ST.
ADMINISTRATION BLDG.
& PARKING
VICINITY MAP
SCALE: NTS
03
5'-0"
PARENT
DROP OFF LANE
(5) VEHICLES
3.4'11.7'54' R Firelane
Turnaround
Natural Landscape
SITE AREA TABULATION
87,890.5 S.F.EXISTING SITE AREA
20,792.5 S.F.IMPERVIOUS AREA
67,097.5 S.F PERVIOUS AREA
83,939.5 S.F.7% OPEN SPACE REQ'D
29,501.0 S.F OPEN SPACE
28,609.0 S.F.EXISTING LANDSCAPE AREA
5,679.77 S.F.PROPOSED LANDSCAPE AREA
26,669 S.F.PARKING AREA & CONC. ROADS
2,794 s.f. EXISTING BLDG. AREA
430 s.f. BUILDING ADDITION AREA
600 s.f.BARN AREA
320 s.f.GREENHOUSE AREA
2,860 s.f. PLAYGROUND AREA
4,004 s.f.TOTAL BUILDING AREA
PARKING REQUIRED 16
PARKING PROVIDED 17 SPACES
AREA & PARKING TABULATION
Existing Zoning: Single Family SF-15
Current Use: Residential
PROPOSED USE: Licensed Child Care Center
FLU: Old-Town District
Zoning Change Needed: SUP
PARKING CALCULATIONS:
#RATIO 1:10
Students:60 6
Teachers:4 4
Staff:3 6
16 Spaces Req'd.
17 Provided
Handicap 1:25 2 Provided
Dumpster: 12' x 11'x 8' ENCLOSURE per Republic
Outdoor Play Space = 65 sf/ child = 3,900 s.f. min.
4,490 s.f. Provided
SITE DATA
30' R Firelane
4' Gate
Parent
Sitting Area
ENCLOSED ANIMAL AREA
As Permitted by Code
SIDEWALK
43'-0" R24'-0"24'-0"24' Wide Continuous Fire Lane
14' Vertically Clear of Existing Trees
60'-0"20'-0"HC
Van
HC
24'-0"100'-3"ALL SPACES 9' x 20'
Typ. 9' x 20' Space 3'-6 1/2"EDGE
OF ZONING
BOUNDARY
EDGE
OF ZONING
BOUNDARY
9'-0"SIDEWALK20'4.4'42.4'52.3'
11'-0"
Valley View Addition 1st Installment,
BLOCK A LOT 4
SF-15
Valley View Addition 1st Installment,
BLOCK A LOT 2
SF-15
SF-15
15' LANDSCAPE BUFFER
ADJACENT TO RESIDENTIAL
SITE PLAN
SCALE: 1" = 20'-0"
01
Page 263
Item 14.
A R C H I T E C T
A G M A N Ngregory
404 Provincetown Ln.
Richardson, Texas 75080
214.926.7575
ggharchitect@yahoo.com
THE S C H O O L H O U S E
R E M O D E L : D A Y C A R E F A C I L I T Y
REGISTE R E D A
R
C
H
I
TECTST
A
T
E O F T E xAS1 6 0 5 7GREGORY G . H AG
M
A
NN12. 04, 2023
304 N. PARVIN ST. PROSPER, TX. 75078 Located in the Town of Prosper, Texas
SPECIAL USE PERMIT
ARCHITECT
gregory HAGMANN
COPYRIGHT 2023
Barnes Addition, BLOCK A, LOT 1
Collin County, Tx. Vol. 2011, pg.26,
Platt Records of Collin City., Texas.
APPLICANT:Bill Oelfke
c: 214.418.0455
e: JP@RogersHealy.com
w: RogersHealy.com
a: 3001 Knox Street #210, Dallas, TX 75205
CLIENT:JP Findley
2.017 Acre Tract
I S S U E :
P R O J E C T
NO: 2321BO.01
N SUP Review
DEC. 04, 2023
Resubmit 03.12.24
EXISTING BLDG.
New Use
DAYCARE
2,794 S.F.
LOT 1
BLOCK A
1.999 ac.
OPEN AIR
BELL TOWER
ENTRY
45 Sq ft
ADDITION
430 s.f.
4'FENCE4' FENCE
GREEN
HOUSE
320 s.f.4' FENCEG.
G.
G.20'-0"24'-0"
54'-0"
BARN
600 s.f.25' BLDG. LINEPLAY
GROUND
4,490 s.f.
Natural Landscape Natural Landscape6' HT. FENCE PER CODE (MASONRY)
SEE DETAIL 02/EXIBIT B 4' FENCE4' FENCE Does not Encroach
on Landscape Buffer4' FENCEG.
G.Natural LandscapeNOTE : ALL WALK WAYS & PATHS TO BE ADA ACCESSIBLE
Builldng to be SPRINKLERED
4' FENCE Does not Encroach
on Landscape Buffer
4' FENCE
31'-0" RPARVIN ST.30' R
30' R
10' LANDSCAPE BUFFER
NEW CONC. PARKING
6,000 S.F.
60'-0"
6' HT. FENCE PER CODE (MASONRY)
SEE DETAIL 02/EXIBIT B
Natural Landscape
15' LANDSCAPE BUFFER
ADJACENT TO RESIDENTIAL
9 8
NEW CONC. FIRE LANE
6,334 S.F.
NEW CONC. FIRE LANE
12,785 S.F.
6' HT. FENCE PER CODE (MASONRY)
SEE DETAIL 02/EXIBIT B
LANDSCAPE
7,803 S.F.
6' HT. FENCE PER CODE (MASONRY)
SEE NOTE * IN SITE DATA
6' HT. FENCE PER CODE (MASONRY)
SEE DETAIL 02/EXIBIT B
NEW CONC. FIRE LANE
15' LANDSCAPE BUFFER
ADJACENT TO RESIDENTIAL
DUMPSTER in 12' x 11'x 8'
ENCLOSURE per Republic Design Stds.
FRONT LOADING Container
Manual Gate
Minimum 24-foot height
clearance over container
NEW CONC.
1,550 S.F.
SIDEWALK SIDEWALKLANDSCAPE
2,827 S.F.SIDEWALK5' LANDSCAPE
BUFFER
720
715
735730720725710715
735730725
705
700 710705
705
705
10' UTIL. ESMT. BLDG. LINE
S 89° 22' 24" W 236.14'
10' BLDG. LINE
5' UTIL. ESMT.10' UTIL ESMT.10' BLDG. LINEN 0° 41' 11" E30.00'N 89° 38' 5" E 330.70'S 00° 00' 08" WN 0° 21' 7" W100.00'70.46'S 02° 22' 44" W60 R.O.W. PER PLATN 89° 38' 5" E 160.00'
10' BLDG. LINE 10' BLDG. LINES 89° 22' 24" W 250.00'
10' BLDG. LINE
35' BLDG. LINE.15' UTIL ESMT.4' ht. Hedge
4' ht. Hedge
LANDSCAPE PLAN
SCALE: 1" = 20'-0"
01
AREA TABULATION
87,890.5 S.F.EXISTING SITE AREA
20,792.5 S.F.IMPERVIOUS AREA
67,097.5 S.F.PERVIOUS AREA
6,152 S.F.7% OPEN SPACE REQ'D
25,900.96 S.F. OPEN SPACE
510 S.F.INTERIOR LANDSCAPE AREA
(PARKING ISLANDS)
5,679.77 S.F.PROPOSED LANDSCAPE AREA
26,669 S.F.PARKING AREA & CONC. ROADS
AREA & PARKING TABULATION
2,794 s.f.EXISTING BLDG. AREA
430 s.f.BUILDING ADDITION AREA
600 s.f.BARN AREA
320 s.f.GREENHOUSE AREA
2,850 s.f. PLAYGROUND AREA
4,144 s.f.TOTAL BUILDING AREA
RATIO 1:10 (SEE EXHIBIT B)
PARKING REQUIRED 16
PARKING PROVIDED 17 SPACES
NEW LANDSCAPE AREA St. Augustine Grass
EXISTING LANDSCAPE - Existing Ground Cover
1. GROUND COVER - Asian Jasmine
2. BUSHES - Wintergreen Boxwood Shrubs
3. LANDSCAPE EASEMENT adjacent to residential
Required Plantings per Zoning Ordinance will be
provided in the Landscape Area.
4. EXISTING TREES TO REMAIN
( NONE TO BE REMOVED, EXCEPT THOSE THAT
MAY IMPEDE THE ROAD WAY. ANY REMOVED
TREE SHALL BE REPLACED PER CODE)
5. EXISTING TREES TO REMOVED
(REPLACE W/ 3" CALIPER OR EQUAL TO OR
GREATER THAN THE TREE REMOVED , AS PER CODE)
LANDSCAPE LEGEND
"EXHIBIT C"
ZONE-23-0038
LANDSCAPE PLAN
23.90' Natural Landscape
Natural Landscape
SUP C
REMOVE ALL TREES (8) FROM FIRE LANE
REPLACE W/ 3" CALIPERREMOVE ALL TREES (8) FROM FIRE LANE
REPLACE W/ 3" CALIPER OR EQUAL TO OR
GREATER THAN THE TREE REMOVED
CL
CL
Proposed Location of
Detention/Retention Pond
24' Wide Continuous Fire Lane
14' Vertically Clear of Existing Trees
6' FENCE PER CODE (MASONRY)
Proposed Hardi Siding for Masonry
Standard language and/or notations, as follows:*
•All development standards shall follow Town Standards.
•Landscaping shall conform to landscape plans approved by the Town of Prosper.
•All development standards shall follow Fire Requirements per the Town of Prosper.
•Handicapped parking areas and building accessibility shall conform to the Americans with Disabilities Act (ADA) and with
the requirements of the current, adopted Building Code.
•All signage is subject to Building Official approval.
•Impact fees will be assessed in accordance with the land use classification(s) identified on the Site Data Summary Table;
however, changes to the proposed land use at the time of CO and/or finish-out permit may result in additional impact fees and/or parking requirements.
•The approval of a Preliminary Site Plan shall be effective for a period of two (2) years from the date that the Preliminary Site Plan is approved by the
Planning & Zoning Commission, at the end of which time the applicant must have submitted and received the approval of a Site Plan
by the Planning & Zoning Commission. If a site plan is not approved within such two (2) year period, the Preliminary Site Plan approval is null and void.
If Site Plan approval is only for a portion of the property, the approval of the Preliminary Site Plan for the remaining property shall be null and void.
•Open Space requirements shall follow the Zoning Ordinance, per tract. Open Space shall not include vehicular paving, required parking lot landscape
islands, building footprint, utility yards, required landscape setbacks, sidewalks*, and detention pond *
Page 264
Item 14.
A R C H I T E C T
A G M A N Ngregory
404 Provincetown Ln.
Richardson, Texas 75080
214.926.7575
ggharchitect@yahoo.com
THE S C H O O L H O U S E
R E M O D E L : D A Y C A R E F A C I L I T Y
REGISTE R E D A
R
C
H
I
TECTST
A
T
E O F T E xAS1 6 0 5 7GREGORY G . H AG
M
A
NN12. 04, 2023
304 N. PARVIN ST. PROSPER, TX. 75078 Located in the Town of Prosper, Texas
SPECIAL USE PERMIT
ARCHITECT
gregory HAGMANN
COPYRIGHT 2023
LOT 1 BLOCK A, Barnes Addition
Collin County, Tx. Vol. 2011, pg.26,
Platt Records of Collin City., Texas.
APPLICANT:Bill Oelfke
c: 214.418.0455
e: JP@RogersHealy.com
w: RogersHealy.com
a: 3001 Knox Street #210, Dallas, TX 75205
CLIENT:JP Findley
2.017 Acre Tract
I S S U E :
P R O J E C T
NO: 2321BO.01
N SUP Review
DEC. 04, 2023
Resubmit 01.24.24
MATERIALS
• All Elevations - 100% Hardi Board w/ Battens & Trim all
painted white, over Existing Stucco, Except for Windows.
With addition Metal Shutters and
• Composition Roof
• Low E Windows w/ Attached Divided Lites - Painted White
• Trex Decking Grey
• Steel Shutters - Painted
• Concrete Road & Parking
PERSPECTIVE ENTRY SOUTH VIEW - FROM
PARKING
• Height from entry grade to upper roof ridge 26'-9"
• 2 Stories w/ Mezzanine
PERSPECTIVE EAST VIEW - FROM STREET APPROACH
"EXHIBIT D"
ZONE-23-0038
PERSPECTIVES
SUP D
PERSPECTIVE WEST VIEW - FROM SIDEPERSPECTIVE NORTH VIEW - FROM REAR
PERSPECTIVE DUMPSTER ENCLOSURE
Page 265
Item 14.
Created: 2024-02-01 11:23:35 [EST]
(Supp. No. 9, Update 1)
Page 1 of 1
Sec. 2.07.006 Keeping of fowl, rabbits and guinea pigs restricted.
(a) Enclosure requirements. Fowl, rabbits, and guinea pigs must be kept indoors, or if outdoors, in a secure pen
or enclosed yard. Litter and droppings from these animals must be collected and disposed of in accordance
with this chapter; provided, however, that the provisions of this section shall not apply to ducks or other
waterfowl inhabiting natural or manmade watercourses or bodies of water.
(b) Number of rabbits and guinea pigs. It shall be unlawful for any person to knowingly be in possession of more
than 12 rabbits or guinea pigs, or combination thereof; and any other rodent, on any premises in the town.
(c) Regulation of fowl. Roosters are banned within the corporate limits of the town except for properties with an
agricultural property tax exemption, and are declared to be nuisances under V.T.C.A., Local Government
Code ch. 217, as amended, when located in residential districts.
(d) Number of fowl. Except for exotic birds raised, kept, or harbored for commercial purposes, it shall be
unlawful for any person, firm, or corporation to maintain, own, or control any premises within the town
limits where more than an aggregate of 12 fowl are kept or harbored in one enclosure except for properties
with an agricultural property tax exemption. "One enclosure" as that term is used herein shall be held to
mean any and all connected buildings, whether under one roof or otherwise, and buildings and sheds that
may have entrances to the same or adjoining lot or lots with a gateway or other opening between them.
(e) Ducks, turkeys, geese, and peacocks prohibited. It shall be unlawful to own or keep ducks, turkeys, geese, or
peacocks within the corporate town limits except on properties with an agricultural property tax exemption,
lakes or other natural or manmade watercourses or bodies of water, and public park la nds.
Page 266
Item 14.
A R C H I T E C T
A G M A N Ngregory
404 Provincetown Ln.
Richardson, Texas 75080
214.926.7575
ggharchitect@yahoo.com
THE S C H O O L H O U S E
R E M O D E L : D A Y C A R E F A C I L I T Y
REGISTE R E D A
R
C
H
I
TECTST
A
T
E O F T E xAS1 6 0 5 7GREGORY G . H AG
M
A
NN12. 04, 2023
304 N. PARVIN ST. PROSPER, TX. 75078 Located in the Town of Prosper, Texas
SPECIAL USE PERMIT
ARCHITECT
gregory HAGMANN
COPYRIGHT 2023
LOT 1 BLOCK A, Barnes Addition
Collin County, Tx. Vol. 2011, pg.26,
Platt Records of Collin City., Texas.
APPLICANT:Bill Oelfke
c: 214.418.0455
e: JP@RogersHealy.com
w: RogersHealy.com
a: 3001 Knox Street #210, Dallas, TX 75205
CLIENT:JP Findley
2.017 Acre Tract
I S S U E :
P R O J E C T
NO: 2321BO.01
N SUP Review
DEC. 04, 2023
PNZ 03.19.24
"EXHIBIT F"
ZONE-23-0038
LANDSCAPE PLAN
SUP F
GREEN SCREEN / MASONRY FENCE6'-0"STANDARD WOUGHT IRON FENCE
EXPANDED METAL MESH TO HOLD
IVY OR VINES
6'-0"16'-0"
1'-4"1'-4"
8 x 16 CMU w/
HARDIE PANEL
VENEER (WHITE)
LIGHTING
(OPTIONAL)6'-0"STANDARD WOUGHT IRON FENCE LIGHTING
(OPTIONAL)
16'-0"
1'-4"1'-4"6'-0"8 x 16 CMU w/
HARDIE PANEL
VENEER (WHITE)
IVY OR VINES
Page 267
Item 14.
From:David Hoover
To:Dakari Hill; Suzanne Porter
Subject:FW: [*EXTERNAL*] - ZONE-23-0038 | March 19, 2024
Date:Monday, March 18, 2024 10:29:35 AM
Attachments:image001.png
image003.png
image002.png
image006.png
FYI
David A. Hoover, AICPDirector of Development Services
250 W. First StreetProsper, Texas 75078T: 972.569.1137dhoover@prospertx.govprospertx.gov
From: Dan Baker <dpbaker@prospertx.gov>
Sent: Monday, March 18, 2024 10:26 AM
To: David Hoover <dhoover@prospertx.gov>; Dan Heischman <dheischman@prospertx.gov>
Subject: FW: [*EXTERNAL*] - ZONE-23-0038 | March 19, 2024
This one too…
Dan Baker, MBADirector of Parks & Recreation
407 E. First St.Prosper, Texas 75078T : 972.569.1060dpbaker@prospertx.govprospertx.gov
From: George E. Dupont
Sent: Saturday, March 16, 2024 2:39 AM
To: Dan Baker <dpbaker@prospertx.gov>
Subject: [*EXTERNAL*] - ZONE-23-0038 | March 19, 2024
***** 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. *****
Is this another one of those of 10 lbs. in a 5 lb. bag? How do you “stuff” 60 kids and 10 staff
members (70 Total) in a 2,800 sf. house?
Page 268
Item 14.
Description of Agenda Item:
The purpose of this request is to obtain a Specific Use Permit to operate a licensed child-care center,
The School House. The applicant plans to convert an existing residential home into the proposed
licensed child-care center. The building will be expanded 430 square feet for a total area of 2,794
square feet. The site is approximately two acres and will have a licensed child-care center, barn,
green house, and playground. The child-care center is planning for a maximum enrollment of 60
students and ten staff members.
I totally agree with your recommendation to require the developer to meet all zoning requirements
including Fencing and Landscaping. That’s what we have Zoning Ordinances and Requirements for –
high quality design and development to fit with the minimum requirements and standards of the
Town and it’s residents. If the Developer cannot afford to build it properly and in line with the
Zoning Ordinances and Requirements, then the Developer cannot afford to build it period! It is not
the Town’s responsibility to lower our standards to meet his Budget. And 70 people in a 2,800 sf.
residential house is LUDICROUS!
Town Staff Recommendation:
Town Staff recommends approval of the Specific Use Permit request for a Licensed Child-Care
Center subject to the following conditions:
1. The landscape easement on the northern boundary shall be a minimum of 15 feet.
2. The screening around the property shall be a six-foot masonry wall.
Conditions:
The applicant is requesting that the following conditions be part of the Specific Use Permit.
Condition 1: The landscape easement on the northern boundary is proposed to be ten feet.
The Zoning Ordinance requires 15-foot landscape easements adjacent to residential
development. The applicant is requesting a five-foot reduction in this requirement for a total
of ten feet to accommodate parking, a fire lane, and drive aisle north of the building. Staff
recommends compliance with the requirement for a 15-foot landscape easement.
Condition 2: The screening on the property lines is proposed to be wrought-iron fencing
overlaid with a metal mesh where vines will grow. Columns will be spaced 16 feet apart and
have a veneer of hardie panel to match the building. (See Fencing Exhibit)
Regards,
George E. Dupont
1400 Harvest Ridge Lane
Prosper, TX 75078-9130
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 269
Item 14.
Page 270
Item 14.
Page 271
Item 14.
Page 272
Item 14.
Future Land Use Plan
Page 273
Item 14.
Surrounding Area
Zoning Current Land Use Future Land Use
Plan
Subject Property Single Family-15 Residential Old Town District
North Single Family-15 Residential Old Town District
East Single Family-15 Middle School Old Town District
South Single Family-15 Residential Old Town District
West Single Family-15 Residential Old Town District
Page 274
Item 14.
Proposal
Specific Use Permit:
•Licensed Child-Care Center
•Convert Existing Residential Home
•Components
•Existing Residential Home (2,794 SF)
•Addition (430 SF)
•Barn, Green House, and Playground
•60 Students and 10 Staff Members Page 275
Item 14.
Page 276
Item 14.
Page 277
Item 14.
Conditions
Applicant’s Request:
•Condition 1
•Five-foot reduction in landscape easement on the northern boundary. (Staff is in favor)
•Zoning Ordinance requires 15 feet adjacent to residential development.
•Condition 2
•Alternative screening around northern, eastern, and southern boundaries. (Staff is NOT
in favor)
•Zoning Ordinance requires six-foot masonry screening wall adjacent to residential
development.Page 278
Item 14.
Page 279
Item 14.
Specific Use Permit Criteria
Evaluation:
1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses?
•Adjacent educational uses show consistency with surrounding uses.
2. Are the activities requested by the applicant normally associated with the requested use?
•Education and recreational activities typically associated with licensed child-care center.
3. Is the nature of the use reasonable?
•Shown by consistency with surrounding uses.
4. Has any impact on the surrounding area been mitigated?
•Compliance with screening regulations will mitigate the impact.Page 280
Item 14.
Planning & Zoning Commission
Recommendation:
•Approved (6-0) with the following conditions:
•Five-foot reduction in landscape easement on the northern boundary is acceptable.
•Six-foot masonry screening wall is required along the northern, eastern, and southern
boundaries.
Page 281
Item 14.
Conclusion
Notices:
•Friday, March 8th
Citizen Response:
•Email in Opposition
•Letter in Opposition
Recommendation:
•Approval (Compliance with P&Z Recommendation)
Page 282
Item 14.
Page 283
Item 14.
Page 284
Item 14.
Page 285
Item 14.
Page 286
Item 14.
Page 287
Item 14.
Page 288
Item 14.
Page 289
Item 14.
Page 290
Item 14.
Page 291
Item 14.
Page 292
Item 14.
Page 293
Item 14.
Page 294
Item 14.
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: Planned Development for Downtown Mixed-Use Building
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
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)
On March 26, 2024, this item was presented to Town Council, a public hearing was held, a public
hearing was closed, and after discussion this item was tabled.
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 295
Item 15.
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. Future Land Use Plan Exhibit
3. Exhibit A – Survey
4. Exhibit B – Letter of Intent
5. Exhibit C – Development Standards
6. Exhibit D – Conceptual Plan
7. Exhibit E – Development Schedule
8. Exhibit F – Elevations
9. Exhibit G – Landscape Plan
10. Email in Opposition
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.
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
Page 296
Item 15.
Page 3 of 5
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)
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.
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.
Page 297
Item 15.
Page 4 of 5
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.
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.
The following items were added to the Planned Development based on Town Council
discussion on March 26, 2024.
Permitted Uses:
Beauty Shops/Salon has been removed from the list of permitted uses.
Parking:
No storage shall be permitted in enclosed garage spaces. The spaces outside of the enclosed
garages shall be designated for office and retail parking only during business hours.
Page 298
Item 15.
Page 5 of 5
Fencing:
The fencing standards within this Planned Development require board-on-board fencing on the
eastern property line from the alleyway to the most southern parking space. Additionally, wrought
iron fencing shall be on the eastern property line from the most southern parking space to the
right-of-way.
Signage:
The signage standards within this Planned Development require any signage to be limited to the
Coleman Street side of the property. All signage will follow the Town’s Sign Ordinance.
Architectural Standards:
The architectural standards within this Planned Development require structures on the property to
be at least 90 percent masonry (clay fired brick, natural and manufactured stone, granite, marble)
per elevation and limit the use of stucco to no more than ten percent per elevation. Additionally,
the façade facing Coleman Street shall be designed to resemble a storefront. Lastly, all
construction shall have an approved façade plan before issuance of a building permit.
Alleyway Paving:
The paving standards within this Planned Development require the developer to pave the alleyway
to the north of the property prior to the commencement of construction.
Sidewalk Construction:
The sidewalk construction standards within this Planned Development require the developer to
construct a temporary sidewalk from the parking area along the southern edge of the building and
along Coleman Street for access to the businesses on the first floor.
Town Staff Recommendation:
Town Staff recommends approval of this revised 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.
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 299
Item 15.
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 300
Item 15.
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 301
Item 15.
Future Land Use Plan Exhibit
Page 302
Item 15.
Page 303
Item 15.
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 304
Item 15.
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)
• 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 Parking Areas
2.1 The parking area standards within this Planned Development District are as follows:
• Parking stalls along the eastern property line shall be designated for office
and retail parking only during business hours.
• No storage shall be permitted in multifamily parking.
Page 305
Item 15.
3.0 Landscaping
3.1 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.
• 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.
4.0 Fencing
4.1 The fencing standards within this Planned Development District are as follows:
• Board-on-board fencing on the eastern property line from the alley to most
southern parking stall.
• Wrought iron fencing on the eastern property line from the most southern
parking stall to the right-of-way.
5.0 Signage
5.1 The signage standards within this Planned Development District are as follows:
• Any signage shall be limited to the Coleman Street side of the property.
• Any lighted signage shall be consistent with the Town’s Sign Ordinance.
6.0 Architectural Standards
6.1 The architectural standards within this Planned Development District are as follows:
• Any structure built on the property shall comply with the elevations and
building materials reflected on the Façade Plan, attached hereto as Exhibit B.
• The Coleman Street façade shall be constructed in substantial compliance
with the Coleman Street Façade Plan, attached hereto as Exhibit D.
• The use of masonry shall be at least ninety percent (90%) of the exterior
surface of any structure constructed on the property per elevation.
• The use of stucco shall be limited to no more than ten percent (10%) of the
exterior surface of any structure constructed on the property per elevation.
• All construction shall have an approved façade plan before issuance of a
building permit.
Page 306
Item 15.
7.0 Alleyway Paving
7.1 The paving standards within this Planned Development District are as follows:
• The developer shall pave the alleyway to the north of the property prior to
commencement of construction.
8.0 Sidewalk Construction
8.1 The sidewalk construction standards within this Planned Development District are as
follows:
• The developer shall construct a temporary sidewalk from the parking area
along the southern edge of the building and along Coleman Street for access
to the businesses on the first floor.
Page 307
Item 15.
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 308
Item 15.
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 309
Item 15.
REAR (EAST) ELEVATIONA21SCALE: 1/8"=1'-0"A2KEY PLANA25SCALE: N.T.S.01-06-2024 FACADE PLAN FRONT (WEST) COLEMAN ST. ELEVATIONA22SCALE: 1/8"=1'-0"LEFT (NORTH) ELEVATIONA23SCALE: 1/8"=1'-0"RIGHT (SOUTH) ELEVATIONA24SCALE: 1/8"=1'-0"04/11/24DALLAS, 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 VENEERSTONE VENEERSTONE 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"STANDING SEAMMETAL AWNINGBRICK 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 310Item 15.
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 311
Item 15.
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 312
Item 15.
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 313
Item 15.
Page 314
Item 15.
Zoning Map
Page 315
Item 15.
Future Land Use Plan
Page 316
Item 15.
Surrounding Area
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
Page 317
Item 15.
Proposal
Planned Development:
•Mixed Use Building
•Multifamily
•Office
•Retail
Base Zoning:
•Downtown Office District Page 318
Item 15.
Page 319
Item 15.
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)
•Bookstore
•Boot and Shoe Sales
•Business Service
•Ceramics Store
•Clothing and Apparel Store
•Florist
•Hobby or Toy Store
•Ice Cream Shop
•Insurance Office Page 320
Item 15.
Permitted Uses Cont.
Uses Allowed by Right:
•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 321
Item 15.
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 322
Item 15.
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 323
Item 15.
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 324
Item 15.
Page 325
Item 15.
Architectural Standards
Zoning Ordinance:
•Downtown Office
Building Materials:
•92% Masonry (Excluding Glazing)
•Brick (80%)
•Stone (12%)
Page 326
Item 15.
EAST ELEVATION
WEST ELEVATION
Page 327
Item 15.
NORTH ELEVATION
SOUTH ELEVATION
Page 328
Item 15.
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 329
Item 15.
Conclusion
Notices:
•Friday, February 23rd
Citizen Response:
•Email in Opposition
Recommendation:
•Approval
Page 330
Item 15.
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: Development Agreement for Prosper Central Addition, Block 1, Lot 1
Town Council Meeting – April 16, 2024
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between O E 6th, LLC, and the Town of Prosper relative to Prosper Central Addition, Block 1, Lot
1.
Description of Agenda Item:
On March 26, 2024, the Town Council tabled the proposed Planned Development for further
clarifications and creation of a Development Agreement. A Development Agreement has been
prepared accordingly to address building materials, fencing, parking areas, Coleman Street
façade, signage, and paving of the alleyway.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Development Agreement
Town Staff Recommendation:
Town Staff recommends that the Town Council authorize the Town Manager to execute a
Development Agreement between O E 6th, LLC, and the Town of Prosper relative to Prosper
Central Addition, Block 1, Lot 1.
PLANNING
Page 331
Item 16.
Page 2 of 2
Proposed Motion:
I move to authorize/not authorize the Town Manager to execute a Development Agreement
between O E 6th, LLC, and the Town of Prosper relative to Prosper Central Addition, Block 1, Lot
1.
Page 332
Item 16.
1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and
between the Town of Prosper, Texas (“Town”), and O E 6th LLC, a Texas limited liability
company (“Developer”) (individually, a “Party” and collectively, the “Parties”) to be
effective (the “Effective Date”) on the latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin
County and Denton County, Texas, organized and existing under the laws of the State of
Texas; and
WHEREAS, Developer is developing an office/retail/multifamily building on an
approximate 0.380-acre tract of land generally located on the northeast corner of N.
Coleman Street and E. Sixth Street in the Town (the “Property”), and a legal description
and depiction of the Property is attached hereto as Exhibit A and incorporated by
reference; and
WHEREAS, the foregoing Property was rezoned by the Town Council on or about
__________, 2024, when the Town Council approved a Planned Development consisting
of multifamily, office and retail uses for the Property, and this Agreement seeks to
incorporate, in part, the negotiated and agreed upon development standards contained
in the underlying zoning ordinance, as may be amended, and/or this Development
Agreement, to recognize Developer’s reasonable investment-backed expectations in the
Development, as may be amended, and as more fully described herein.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration the receipt and adequacy of which are hereby
acknowledged, the Parties to this Agreement agree as follows:
1. Building Materials and Site Development Standards.
A. Building Materials. For any structure built on the Property following
the Effective Date, it shall comply with the elevations and building materials reflected on
the Façade Plan, attached hereto as Exhibit B and incorporated by reference. The use of
masonry (clay fired brick, natural and manufactured stone, granite, marble ) shall be at
least 90 percent (90%) of the exterior surface of any structure constructed on the Property
per elevation. The use of stucco shall be limited to no more than ten percent (10%) of the
exterior surface of any structure constructed on the Property per elevation.
B. Fencing. The fencing along the east side of the Property, from the
point where the south side of the alley intersects with east property line, southward along
the east property line to the point where the east-west line of the southernmost parking
space would intersect with the east property line if the east-west line of the parking space
were extended eastward across the landscape buffer, as reflected on the Site Plan,
attached hereto as Exhibit C, shall be board-on-board fencing. From that point southward
along the east property line, only wrought iron fencing shall be utilized.
Page 333
Item 16.
2
C. Parking areas. Parking spaces along the east property line, as
reflected on the Site Plan, shall be designated for office and retail parking only during
business hours. The multifamily parking component shall be designed as parking only
with no storage permitted in said multifamily parking area, and such requirement shall be
delineated in the property restrictions and covenants.
D. Coleman Street Façade. The Coleman Street façade shall be
constructed in substantial compliance with the Coleman Street Façade Plan, attached
hereto as Exhibit D and incorporated by reference.
E. Coleman Street Façade Signage. Any signage on the Property shall
be limited to the Coleman Street side of the Property, and such signage shall be
consistent with the Town sign ordinance.
F. Paving of Alleyway. Prior to the commencement of construction for
any part of the Property, Developer shall pave in concrete that portion of the alleyway
reflected on the Site Plan.
G. No Waiver or Amendment of Town Zoning Regulations. The Parties
agree and acknowledge that the provisions of this Paragraph shall apply to any structure
constructed subsequent to the execution of this Agreement. Nothing in this Agreement
shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the
Town, previously or in the future.
2. Maintenance of Landscape Areas.
A. Developer agrees to maintain all Landscape Areas (including all
vegetation) on the Property, as referenced and/or depicted in the applicable zoning
ordinance, as amended, free of weeds, tall grass, rubbish, brush and other objectionable,
unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code
of Ordinances, as amended. Further, Developer agrees that landscape maintenance
obligations referenced herein include mulching of Landscape Areas, prompt replacement
of dead or dying vegetation with new vegetation, mowing of Landscape Areas, where
required, and other routine and regular maintenance of plants and other vegetation.
B. In the event that any Landscape Area or plants or vegetation is/are
not properly maintained in accordance with this Agreement, the Town may give written
notice to Developer of such failure to maintain and Developer shall promptly address such
failure, taking into account the type(s) and species of such plants and vegetation and
applicable planting cycles of same. After such notice, and Developer’s failure to address
same, Developer agrees and acknowledges that the Town shall have the right to go onto
Developer’s property and replace, replant or otherwise address such failure to maintain
any Landscape Area or plants or vegetation, with an invoice of costs incurred by the Town
being promptly provided by the Town to Developer. In the event Developer does not pay
such invoice within thirty (30) days of receipt by Developer, the Town may file a lien on
Page 334
Item 16.
3
the Property for the costs it incurred for the work done, including a reasonable
administrative fee. Any failure to maintain any Landscape Area, plants or vegetation shall
not be considered a default in accordance with Paragraph 8 of this Agreement, shall not
be subject to the mediation requirement contained in Paragraph 17 and any obligations
referenced in said Paragraphs shall not be applicable to this Paragraph 2.
C. Notwithstanding any provision in this Paragraph to the contrary, the
Town specifically reserves the right to take enforcement action and/or file a complaint
against Developer in the Town’s municipal court (or other appropriate forum) relative to
weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter
on the Property, in accordance with Article 6.03 of Chapter 6 of the Town’s Code of
Ordinances, as amended.
3. Certain Business Establishments Prohibited. Developer agrees and
acknowledges that it will not lease, sell or otherwise permit or authorize on the Property
any of the following business establishments: (1) credit access businesses, as defined in
Texas Finance Code § 393.601, as amended, including but not limited to payday lending
businesses, “cash for title” lenders, and credit services businesses, a s defined in Texas
Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke or vape shops;
(4) any business entity that sells drug paraphernalia; (5) any business establishment
offering gaming or slot machines; (6) sex shops, including but not limited to business
entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; (8)
beauty shops; (9) nail shops/manicurist shops; (10) barbershops; and (11) business
entities which primarily utilize outdoor storage or displays. Further, Developer agrees and
acknowledges that it will not lease, sell or otherwise permit or authorize on the Property
a package liquor store, which for purposes of this Agreement is defined as any business
entity that is required to obtain a Package Store Permit (P) from the Texas Alcoholic
Beverage Commission for the off -premises consumption of alcohol. Nothing in this
Agreement shall be deemed to modify or otherwise amend any zoning regulation duly
adopted by the Town, previously or in the future.
4. Covenant Running with the Land. The terms, conditions, rights,
obligations, benefits, covenants and restrictions of the provisions of this Agreement shall
be deemed covenants running with the land, and shall be binding upon and inure to the
benefit of the Developer and its heirs, representatives, successors and assigns. This
Agreement shall be deemed to be incorporated into each deed and conveyance of the
Property or any portion thereof hereafter made by any other Developers of the Property,
regardless of whether this Agreement is expressly referenced therein.
5. Applicability of Town Ordinances. Developer shall develop the Property,
and construct all structures on the Property, in accordance with all applicable Town
ordinances and building/construction codes.
6. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated to the Town pursuant to this Agreement, whether in
fee simple or otherwise, including any easements (as may be reflected in any Final Plat),
Page 335
Item 16.
4
relative to any development on the Property is roughly proportional to the need for such
land and Developer hereby waives any claim therefor that it may have. Developer further
acknowledges and agrees that all prerequisites to such a determination of rough
proportionality have been met, and that any cost s incurred relative to said donation are
related both in nature and extent to the impact of the development referenced herein.
Both Developer and the Town further agree to waive and release all claims one may
have against the other related to any and all rough proportionality and individual
determination requirements mandated by the United States Supreme Court in Dolan v.
City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements
of a nexus between development conditions and the provision of roadway services to the
Property.
7. Exactions/Infrastructure Costs. Both the Town and Developer have
been represented by legal counsel in the negotiation of this Agreement and been advised
or each has had the opportunity to have legal counsel review this Agreement and advise
them, regarding Developer’s and the Town’s rights under Texas and federal law.
Developer and the Town hereby waive any requirement that the other retain a
professional engineer, licensed pursuant to Chapter 1001 of t he Texas Occupations
Code, to review and determine that the exactions are roughly proportional or roughly
proportionate to the proposed development’s anticipated impact. Developer specifically
reserves its right to appeal the apportionment of municipal infrastructure costs in
accordance with § 212.904 of the Texas Local Government Code and any exemptions
from impact fees under current or future law; however, notwithstanding the foregoing and
to the extent permitted by law, Developer hereby releases the Town from any and all
liability under § 212.904 of the Texas Local Government Code, as amended, regarding
or related to the cost of those municipal infrastructure requirements imposed by this
Agreement.
8. Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given (which notice shall set forth in
reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time determined based on
the nature of the alleged failure, but in no event less than thirty (30) days after written
notice of the alleged failure has been given). In addition, no Party shall be in default under
this Agreement if, within the applicable cure period, the Party to whom the notice was
given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. If either Party is in default under
this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable
for consequential or punitive damages.
9. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Collin County, Texas. Exclusive venue for any action arising under
this Agreement shall lie in Collin County, Texas.
Page 336
Item 16.
5
10. Notice. Any notices required or permitted to be given hereunder (each, a
“Notice”) shall be given by certified or registered mail, return receipt requested, to the
addresses set forth below or to such other single address as either party hereto shall
notify the other:
If to the Town: The Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Developer: Mosunmade Adepoju
O E 6th LLC
130 N. Preston Road
Prosper, Texas 75078
11. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
12. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to development of the Property and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. The
provisions of this Agreement shall be construed as a whole and not strictly for or against
any Party.
13. Savings/Severability. In the event any provision of this Agreement shall
be determined by any court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall, to the extent reasonably possible, remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof.
14. Binding Agreement. A telecopied facsimile of a duly executed counterpart
of this Agreement shall be sufficient to evidence the binding agreement of each party to
the terms herein, including without limitation a scanned copy sent via electronic mail by
either Party.
15. Authority to Execute. This Agreement shall become a binding obligation
on the Parties upon execution by all Parties hereto. The Town warrants and represents
that the individual executing this Agreement on behalf of the Town has full authority to
execute this Agreement and bind the Town to the same. Developer warrants and
represents that the individual executing this Agreement on behalf of Developer has full
authority to execute this Agreement and bind Developer to the same. The Town Council
hereby authorizes the Town Manager of the Town to execute this Agreement on behalf
of the Town.
Page 337
Item 16.
6
16. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Collin County, Texas.
17. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to nonbinding
mediation.
18. Notification of Sale or Transfer; Assignment of Agreement. Except with
respect to a sale or transfer to a related entity of Developer, Developer shall notify the
Town in writing of any sale or transfer of all or any portion of the Property, within ten (10)
business days of such sale or transfer. Developer has the right (from time to time without
the consent of the Town, but upon written notice to the Town) to assign this Agreement,
in whole or in part, and including any obligation, right, title, or interest of Developer under
this Agreement, to any person or entity (an “Assignee”) that is or will become an
Developer of any portion of the Property or that is an entity that is controlled by or under
common control with Developer. Each assignment shall be in writing executed by
Developer and the Assignee and shall obligate the Assignee to be bound by this
Agreement. Except with respect to a sale or transfer to a related entity of Developer, a
copy of each assignment shall be provid ed to the Town within ten (10) business days
after execution. Provided that the successor Developer assumes the liabilities,
responsibilities, and obligations of the assignor under this Agreement and/or the building
has been constructed on the Property as provided in this Agreement, the assigning party
will be released from any rights and obligations under this Agreement as to the Property
that is the subject of such assignment, effective upon such transfer. No assignment by
Developer shall release Developer from any liability that resulted from an act or omission
by Developer that occurred prior to the effective date of the assignment. Developer shall
maintain true and correct copies of all assignments made by Developer to Assignees,
including a copy of each executed assignment and the Assignee’s Notice information.
19. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this
Agreement.
20. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideratio n and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
Page 338
Item 16.
7
21. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
22. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original.
23. Amendment. This Agreement shall not be modified or amended except in
writing signed by the Parties. A copy of each amendment to this Agreement, when fully
executed and recorded, shall be provided to each Party, Assignee and successor
Developer of all or any part of the Property; however, the failure to provide such copies
shall not affect the validity of any amendment.
24. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
Page 339
Item 16.
8
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Mario Canizares
Title: Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
_______________, 2024, by Mario Canizares, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
______________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 340
Item 16.
9
DEVELOPER:
O E 6TH LLC, a Texas limited liability company
By: __________________________________
Name: Mosunmade Adepoju
Title: _________________________________
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
_______________, 2024, by Mosunmade Adepoju in his capacity as _______________
of O E 6th LLC, a Texas limited liability company, known to be the person whose name
is subscribed to the foregoing instrument, and that he executed the same on behalf of
and as the act of Developer.
______________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 341
Item 16.
10
EXHIBIT A
(Property Legal Description)
BEING Lot 1 in Block 1 of Prosper Central Addition, an Addition to the Town of Prosper,
Collin County, Texas, according to the Map or Plat thereof Recorded in Volume C, Page
643, of the Map Records of Collin County, Texas
Page 342
Item 16.
11
EXHIBIT B
(Building Materials/Façade Plan)
Page 343
Item 16.
12
EXHIBIT C
(Site Plan)
Page 344
Item 16.
13
EXHIBIT D
(Coleman Street Façade Plan)
Page 345
Item 16.
Page 1 of 3
To: Mayor and Town Council
From: Chuck Ewings, Assistant Town Manager
Through: Mario Canizares, Town Manager
Re: Amendment to Participating Member Contract
Upper Trinity Regional Water District
Town Council Meeting – April 16, 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 increased
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 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 346
Item 17.
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 also be 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, are $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 347
Item 17.
Page 3 of 3
This item was tabled to allow for the council Finance and CIP subcommittees to review the
proposed project and costs; both committees support the proposed agreement with UTRWD. The
question was asked about other options, Town staff has review options to include a Town
constructed treatment plant or constructing additional lift stations and force mains to send flow to
the Wilson Creek Plant managed by North Texas Municipal Water District. Constructing a Town
operated plant would have a similar cost and additional lift stations may not provide the needed
capacity and would have significant maintenance costs.
On April 9, 2024, Celina approved a similar agreement subscribing to 4MGD of the 8MGD
expansion.
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 348
Item 17.
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 349
Item 17.
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 350
Item 17.
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 351
Item 17.
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 352
Item 17.
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 353
Item 17.
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 354
Item 17.
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 355
Item 17.
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 356
Item 17.
Page 357
Item 17.
Background
•2016 –Doe Branch WRP plant in service 2MGD, Prosper funded 1MGD
•2021 –plant expanded to 4MGD capacity, Prosper did not participate
•Planning for next phase began and TCEQ permit increased from 5.5MGD to 20MGD
•2022 –preliminary planning for increase to 12MGD (adding 8 MGD) begins in September with three participants Prosper, Celina, and Mustang SUD
•Prosper projects need for 3MGD by 2030
•2023 –in January conceptual estimate is $146M
•August –Mustang SUD chooses not to participate
•December –30% design completed; new construction estimate $186M
•Alternative phasing considered at request of Celina
•2024 –March decision to have single 8MGD shared between Prosper, Celina (approved by Celina council 9 April); provides lower overall cost
Page 358
Item 17.
Doe Branch WRP - - Prosper Flows
Phase 2 Operational
(Nov. 2021)
Phase 3 Preliminary
Engineering Started
(Sept. 2022)
Final Design
Contract
Awarded
(Feb. 2023)
CMAR
Selected
(June 2023)
Page 359
Item 17.
Doe Branch WRP expansion budget estimates
Description
Conceptual
Estimate
(8.0 mgd)
CMAR 30%
(8.0 mgd)
CMAR 30%
Phase 3A
(8.0 mgd phased)
CMAR 30%
Phase 3B
(8.0 mgd phased)
AACE Estimate Class 4 3 3 3
Direct costs $ 74,524,302 $ 136,284,270 $ 105,651,332 $ 44,050,577
Indirect costs $ 72,237,174 $ 50,162,138 $ 38,887,075 $ 16,213,691
Estimated
construction cost
$ 146,761,476 $ 186,446,408 $ 144,538,407 $ 60,264,268
Engineering & PM -$23,446,146 $30,949,584
Total Cost (8.0 MGD)-$209,892,554 $235,752,259
Notes:
1)OPCC is before design and without plans and specs
2)Based on 30% design plans
Page 360
Item 17.
Terms of the Contract Amendment
•Subscription
•Increase of current capacity of 125,000 gal/day (.125 MGD)
•Subscribe to 3 MGD of future capacity
•Share cost of additional 1 MGD common-to-all capacity with City of
Celina
•Commits Town to funding two projects:
•3.0 MGD of expansion of DBWRP to 12 MGD from current 4 MGD
•Participate in construction of additional interceptor Line
Page 361
Item 17.
Terms of the Amended Contract
•Town’s Share of Estimated Costs
•Plant Expansion - $104,946,277
•Trunk Main - $16,253,327.50
•Funding Plan
•Federal Funds - $6,102,367.26
•CO Issuance in 2024 - $31,250,000
•CO Issuance in 2025 - $31,250,000
•Remainder over subsequent years based on final costs.
•Estimated $52,597,237.24
Page 362
Item 17.