06.11.24 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. Recognize the Town's Communication's staff with awards received from the Texas
Association of Municipal Information Officers (TAMIO). (TR)
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
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, June 11, 2024
6:15 PM
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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.
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.
2. Consider and act upon the minutes from the May 28, 2024, Town Council Regular
meeting. (MLS)
3. Consider and act upon an ordinance renaming Cook Lane between First Street and
Prosper Trail to Mike Howard Lane. (HW)
4. Consider and act upon an ordinance amending Article 4.03, “Solicitors and Itinerant
Merchants; Handbill Distribution,” of Chapter 4, “Business Regulations,” of the Town’s
Code of Ordinances by updating terms and conditions related to door-to-door
commercial solicitation in the Town. (TW/DK)
5. Consider and act upon a resolution authorizing the Town Manager, and/or his/her
designee, to apply for the FY 2025 Motor Vehicle Crime Prevention Authority SB 224
Catalytic Converter Grants Grant. (DK)
6. Consider and act upon authorizing the Town Manager to execute a renewal agreement
with CivicPlus for website hosting services for an initial term of one year in the amount
of $16,990, with annual renewals for three additional years in an amount not to exceed
an increase of 5% per year. (RB)
7. Consider and act upon authorizing the Town Manager to execute an Agreement for
Professional Services between the Town of Prosper and Olsson Studio related to design
of monumentation in Downtown Prosper for an amount not to exceed $66,500. (RB)
8. Consider and act upon approval of a supplemental BuyBoard Contract Purchase Order
with GameTime c/o Cunningham Recreation to cover cost increases in the amount of
$43,511 for an amount not to exceed $173,625 related to playground installation at
Lakewood Park. (DB)
9. Consider and act upon authorizing the Town Manager to execute a License,
Maintenance & Hold Harmless Agreement between Pettis Real Estate, LLC, and the
Town of Prosper relative to Bryant’s First Addition, Block 1, Lots 12-14. (DH)
10. Consider and act upon an ordinance rezone 47.0± acres from Planned Development-75
to a Planned Development for Multifamily and Mixed-Use, located at the northwest
corner of Dallas Parkway and Prosper Trail. (ZONE-24-0001) (DH)
11. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Prosper Tollway Avenues 35, L.P., and the Town of Prosper
relative to Prosper Arts District. (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)
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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:
13. Conduct a public hearing to consider and act upon an ordinance amending Chapter 3,
Sections 1 and 2, of the Town of Prosper Zoning Ordinance to add Commercial Drone
Delivery Hub use, standards, and definition. (ZONE-24-0010) (DH)
14. 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 the 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.
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, June 7, 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.
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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 -1073
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 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Marcus E. Ray
Deputy Mayor Pro-Tem Amy Bartley
Councilmember Chris Kern
Councilmember Jeff Hodges
Councilmember Cameron Reeves
Council Members Absent:
Councilmember Craig Andres
Staff Members Present:
Mario Canizares, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Chris Landrum, Finance Director
Ryan Peterson, Assistant Finance Director
Leigh Johnson, IT Director
Hulon Webb, Director of Engineering Services
Pete Anaya, Assistant Director of Engineering CIP
David Hoover, Development Services Director
Suzanne Porter, Planning Manager
Dan Baker, Parks and Recreation Director
Kurt Beilharz, Assistant Parks and Recreation Director
Todd Rice, Communications and Media Relations Manager
Scott Brewer, Interim Human Resources Director
Eric Men, Help Desk Technician II
Aidan Daily, Police Crime Analyst
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
John Fowler with First Presbyterian 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 Reeves made the following announcements:
Thank you to all who attended the Memorial Day Ceremony yesterday to honor the brave men
and women who sacrificed their lives for our country. A special thanks to Congressman Self, Mr.
Catanzaro, Pastor White, and all those who participated in the event.
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, May 28, 2024
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Item 2.
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The Prosper Community Library Summer Program kicked off today and will continue through
August 3. This year’s theme is “Every Animal Has a Story”. For more information, including how
to register, visit the Library page on the Town’s website for all the exciting upcoming summer
programs.
Join us on Saturday, June 1 from 8 am to 10:30 am at Prosper Town Hall for Coffee & Chrome.
Enjoy complimentary coffee by 1418 Coffee while viewing a spectacular showcase of vehicles
and related exhibits. Those wishing to show their vehicle or be an exhibitor may visit the Town’s
website for more information or contact the Parks and Recreation Department at
events@prospertx.gov.
Presentations.
1. Recognition of the 2024 Inaugural Mayor's Youth Advisory Council. (RB)
Ms. Battle introduced and provided an overview of the purpose, goals and objectives, and
accomplishments of the MYAC.
William He, Chair of the MYAC, spoke and extended his appreciation to all those on the
Council, to Mayor Bristol and staff for their support and leadership given to the Council.
Rithika Chakrapani, member of MYAC, spoke and expressed her appreciation for
establishing the MYAC and providing a leadership council for the youth to learn about local
government.
Mayor Bristol presented certificates recognizing the 2024 inaugural MYAC council.
2. Proclamation recognizing the Prosper High School Women's Soccer Team. (MLS)
Mayor Bristol read and presented a Proclamation to the Lady Eagles soccer team.
3. Recognition of members of the Police Department for life-saving efforts. (DK)
Chief Kowalski provided an overview of the life-saving event and introduced the officers
involved.
Mayor Bristol thanked the officers for their actions taken during the event.
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.
4. Consider and act upon the minutes from the May 14, 2024, Town Council Regular
meeting. (MLS)
5. Consider acceptance of the April 2024 monthly financial report. (CL)
6. Consider and act upon approving Ordinance 2024-37 to authorize the Town
Manager to execute certain agreements, contracts, and grant applications by
increasing the contract and related authority to $50,000 and authorizing the
delegation to any Assistant Town Manager. (RBS)
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Item 2.
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7. Consider and act upon Ordinance 2024-38 amending Chapter 8, “Offenses and
Nuisances,” of the Town’s Code of Ordinances by adopting a new Article 8.10
prohibiting the solicitation of occupants of vehicles on public roadways.
(TW/DK)
8. Consider and act up Ordinance 2024-39 amending Article 12.08 of Chapter 12,
“TRAFFIC”, prohibiting certain commercial vehicles from operating on Prosper
Trail. (CE)
9. Consider and act upon authorizing the Town Manager to enter into a contract
amendment with Republic Services adjusting the fees for Commercial recycling
provided through 95-gallon carts and providing a discount to Homeowners
Associations for 95-gallon trash service. (CL)
10. Consider and act upon authorizing the Town Manager to execute a Service
Agreement between the Town of Prosper and Coffey Global, LLC, for Freedom
Fest 2024 for an amount not to exceed $106,300. (DB)
11. Consider and act upon authorizing the Town Manager to approve the proposal
for the Prosper Christmas Festival Rentals between 5 Star Rental, and the Town
of Prosper, Texas, related to the Prosper Christmas Festival for $32,103. (DB)
12. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between the Town of Prosper and Bowmen Sports for
recreation program instructor services for an estimated amount of $27,090. (DB)
13. Consider and act upon approving the emergency repair of North Legacy Drive
north of Prosper Trail for $44,870. (CE)
14. Consider and act upon authorizing the Town Manager to execute a contract with
Nouveau Technology Services, LP, for interior improvements to the Police
Department Headquarters building for $37,283. (CE)
15. Consider and act upon authorizing the Town Manager to approve the purchase
of traffic signal-related items for the Gee Road and Acacia Parkway Traffic
Signal project, from Consolidated Traffic Controls, Inc., utilizing the Houston-
Galveston Area Council (HGAC) Cooperative Purchasing Program for $125,448.
(PA)
16. Consider and act upon authorizing the Town Manager to approve an agreement
for repairs to the traffic signal preemption equipment on Preston Road with
Consolidated Traffic Controls, Inc., utilizing the Houston-Galveston Area
Council (HGAC) Cooperative Purchasing Program for $82,557. (HW)
17. 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 Ray made a motion to approve items 4-17. Councilmember Hodges
seconded the motion. Motion carried with a 6-0 vote.
CITIZEN COMMENTS
Aarzoo Patel, 541 Travis Lane, invited the Town Council to a walk/run event on June 8.
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Item 2.
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Items for Individual Consideration:
18. Consider and act upon Resolution 2024-40 directing the publication of Notice of
Intention to issue Certificates of Obligation for the purpose of funding costs
associated with the construction of wastewater improvements. (CL)
Mr. Landrum stated this item is to initiate the process of issuing Cer tificates of
Obligation for the wastewater projects specified within the resolution. If approved, the
resolution directs the publication of the notice, which will be published twice withing
the local newspaper.
Councilmember Kern noted the Finance Subcomittee reviewed and approved this
item.
Mayor Pro-Tem Ray made a motion to approve Resolution 2024-40 directing
publication of Notice of Intention to issue Certificates of Obligation for the pubpose of
funding costs associated with the construction of waste water improvements. Deputy
Mayor Pro-Tem Bartley seconded the motion. Motion carried with a 6-0 vote.
19. Consider and act upon authorizing the Town Manager to execute a Construction
Agreement awarding CSP No. 2024-20-B to Mountain Cascade of Texas, LLC,
related to the Lower Pressure Plane Phase 2 Water Pipeline project, for
$7,101,331. (PA)
Mr. Anaya stated that this project consists of all the work needed to install a 42” water
main located at the southwest corner of Coit Road and Richland Blvd. The Town
received eight bids and was listed with a base bid with two options. Staff checked the
references provided and received positive feedback. Staff recommends approval.
Councilmember Hodges requested if possible to have the work completed before
school was in session or around school hours to alleviate traffic congestion.
Councilmember Hodges made a motion to approve authorizing the Town Manager to
execute a Construction Agreement awarding CSP No. 2024-20-B to Mountain
Cascade of Texas, LLC, related to the Lower Pressure Plane Phase 2 Water Pipeline
project, for $7,101,331. Councilmember Bartley seconded that motion. Motion carried
with a 6-0 vote.
20. Consider and act upon authorizing the Town Manager to execute a Guaranteed
Maximum Price (GMP) Contract #2 between the Town of Prosper and Dean
Construction related to Site Development for Raymond Community Park in the
amount of $9,363,174. (DB)
Mr. Baker stated GMP #1 contract with Dean Construction for site preparation was
awarded in December 2023. This item (GMP #2) if approved, will provide the owner’s
authorization for the construction of the balance of the work required to provide a
complete and functional project. Mr. Baker reviewed the contingency item priority list
and noted it was reviewed by the CIP Subcommittee. The Subcommittee requested
cost estimates for the trail that parallels the creek, artificial turf, and costs to construct
a well to provide water for irrigation. The Parks and Recreation Board met, reviewed
the item, and recommended approval at their May 9 meeting. Staff is recommending
approval.
The Town Council discussed the costs associated with the artificial turf, the water well
installation, the trail parallel to the creek, and the items on the contingency list. The
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Item 2.
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Council did not recommend artificial turf at Raymond Park; however, they would like
to see it incorporated into future parks. They would like to see additional funds
identified for the well and the trail, and also for the monument sign and playground
pavilion.
Councilmember Bartley made a motion to approve authorizing the Town Manager to
execute a Guaranteed Maximum Price (GMP) Contract #2 between the Town of
Prosper and Dean Construction related to Site Development for Raymond Community
Park in the amount of $9,363,174 as presented. Councilmember Reeves seconded
the motion. Motion carried with a 6-0 vote.
21. Consider and act upon authorizing the Town Manager to execute an amendment
to the agreement between the Town of Prosper, Texas, and Brown, Reynolds,
Watford, Architects, Inc., related to architectural and engineering design
services for Fire Station No. 4 for $342,300. (SB)
Chief Blasingame introduced the item with a brief background of the project to date.
Since that time, the Town has adopted the 2021 International Fire Code and 2021
International Building Codes, which requires updates to all construction documents.
An amendment to the original agreement is necessary to incorporate these changes
and other adjustments needed for the next GMP. Staff met with BRW Architects, Inc.
and they have presented a proposal for services. The CIP Subcommittee reviewed
and recommended approval. Staff recommends approval.
Councilmember Kern made a motion to approve authorizing the Town Manager to
execute an amendment to the agreement between the Town of Prosper, Texas, and
Brown, Reynolds, Watford, Architects, Inc., related to architectural and engineering
design services for Fire Station No. 4 for $342,300. Mayor Pro-Tem Ray seconded the
motion. Motion carried with a 6-0 vote.
22. Consider and act upon authorizing the Town Manager to enter into a
Professional Services Agreement with Quorum Architects in the amount of
$1,780,000 for the design of the proposed Public Works/Parks Service Center.
(CE)
Mr. Ewings stated funding for design was authorized as part of the Captial
Improvements Plan. Twelve proposals were received for design services. Staff
interviewed three finalists. The services include validation and reconfiguration of the
existing Site Plan to consider the completion of Safety Way, as well as modifying the
layout. The architect will provide construction documents and assist in managing the
construction of the buildings and site. The plan will also address phasing the project
to construct improvements as funding is available. Staff is recommending approval.
Councilmember Reeves made a motion to approve authorizing the Town Manager to
enter into a Professional Services Agreement with Quorum Architects in the amount
of $1,780,000 for the design of the proposed Public Works/Parks Service Center.
Councilmember Hodges seconded the motion. Motion carried with a 6-0 vote.
23. Conduct a public hearing to consider and act upon a request for a rezoning of
47.0± acres from Planned Development-75 to a Planned Development for
Multifamily and Mixed-Use, located at the northwest corner of Dallas Parkway
and Prosper Trail. (ZONE-24-0001) (DH)
Mr. Hoover provided an introduction and background of the item noting the applicant
has made changes based on feedback received. The development team for the project
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Item 2.
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presented the concept plan detailing the uniqueness of the project including the hotels,
retail area, open spaces, and the phasing of the plan.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
The Town Council discussed landscaping, items within the plan as they relate to the
DNT Design Guidelines, the quantity of multi-family, and the overall phasing of the
plan.
Deputy Mayor Pro-Tem Bartley made a motion to approve a request for a rezoning of
47.0± acres from Planned Development-75 to a Planned Development for Multifamily
and Mixed-Use, located at the northwest corner of Dallas Parkway and Prosper Trail
with all recommended changes by the Planning and Zoning Commission, and with all
coming back within a Development Agreement and Zoning Ordinance.
Councilmember Hodges seconded the motion. Motion carried with a 4-2 vote. Mayor
Pro-Tem Ray and Councilmember Kern voted in opposition.
24. Consider and act to adopt and reaffirm the revised Strategic Visioning Priorities
of the Prosper Town Council. (MC)
Mr. Canizares stated that the Council met and discussed the Strategic Visioning
Priorities. All five (5) objectives were maintained with the language regarding the future
bond program from the long-term priorities now to be included in the current priorities.
A statement for overlay districts was also added.
25. Discuss and consider Town Council Subcommittee reports. (DFB)
CIP Subcommittee: Deputy Mayor Pro-Tem Bartley noted that items discussed were
voted on agenda items during this meeting.
Finance Subcommittee: Mayor Pro-Tem Ray echoed the same comments.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Mayor Pro-Tem Ray requested a report regarding grants including those the Town are seeking,
what has been granted year-to-date, and grants available.
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 the 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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Item 2.
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Section 551.071 - To consult with the Town Attorney regarding legal issues associated
with code enforcement activities and substandard structures, and all matters incident
and related thereto.
The Town Council recessed into Executive Session at 9:34 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 10:27 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 10:27 p.m.
These minutes were approved on the 11th day of June 2024.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 2.
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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: Cook Lane Renaming to Mike Howard Lane
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance renaming Cook Lane between First Street and Prosper Trail to
Mike Howard Lane.
Description of Agenda Item:
On November 28, 2023, the Town Council recognized Mike Howard for his service to the country
since 1951, highlighting his years in the Secret Service as a Special Agent working detail for
President Kennedy in 1963 during his visit to Dallas. Mike Howard also served as a Bailiff for the
Town for many years and is currently serving as a Reserve Peace Officer, greeting visitors at the
Police Station. The purpose of this request is to rename Cook Lane between First Street and Prosper
Trail to Mike Howard Lane for his many years in public service and dedication to the country and
Town of Prosper.
Upon Town Council adoption of the attached ordinance, Town staff will order and install new street
name blades. In addition, property owners impacted by the road name change will be notified to
submit for reimbursement of advertising, licensing and signage expenses incurred as a result of the
road name change. Emergency services will reflect the street name change within their databases
once all signage has been replaced.
Budget Impact:
The estimated expense for the renaming is between $2,500 - $7,500 and is dependent upon
expenses impacted property owners submit for reimbursement, and the expense for replacing street
signage. Expenses incurred will be funded by the Streets Department - Signs and Hardware in
Account No. 100-5640-50-01.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
ENGINEERING
SERVICES
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Item 3.
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Attachments:
1. Ordinance
2. Thoroughfare Plan
Town Staff Recommendation:
Town Staff recommends that the Town Council approve an ordinance renaming Cook Lane between
First Street and Prosper Trail to Mike Howard Lane.
Proposed Motion:
I move to approve an ordinance renaming Cook Lane between First Street and Prosper Trail to Mike
Howard Lane.
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Item 3.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, CHANGING THE NAME OF COOK LANE BETWEEN FIRST STREET
AND PROSPER TRAIL IN THE TOWN OF PROSPER TO “MIKE HOWARD
LANE”; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (the "Town”), wishes to honor Town resident
Mike Howard for his distinguished service to the United States of America as a Secret Service
agent for former Presidents of the United States; and
WHEREAS, Mr. Howard’s exemplary service to our nation deserves tribute and the Town
Council and the residents of the Town wish to honor Mr. Howard by renaming Cook Lane between
First Street and Prosper Trail as “Mike Howard Lane,” as depicted in attached Exhibit 1.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, the Town hereby renames Cook Lane
between First Street and Prosper Trail as Mike Howard Lane,” and by doing so to honor the legacy
of Mr. Howard for his service to his country.
SECTION 3
The Town Manager is hereby charged with notifying any and all public agencies, property
owners and others of the foregoing name change and to take any and all necessary steps and
acts to effect immediately such name changes. The Town Manager is also further authorized to
make all appropriate revisions to street signage and Town maps, and take all other necessary
actions incident and related thereto.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force
and effect.
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Item 3.
Ordinance No. 2024-___, Page 2
SECTION 5
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 6
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF JUNE, 2024.
___________________________________
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 3.
Ordinance No. 2024-___, Page 3
EXHIBIT 1
(Depiction of “Mike Howard Lane”)
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Item 3.
RENAMED
SEGMENT
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Item 3.
Page 1 of 2
To: Mayor and Town Council
From: Terrence S. Welch, Town Attorney
Doug Kowalski, Chief of Police
Through: Mario Canizares, Town Manager
Re: Door-to-Door Solicitation Ordinance Amendments
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance amending Article 4.03, “Solicitors and Itinerant Merchants;
Handbill Distribution,” of Chapter 4, “Business Regulations,” of the Town’s Code of Ordinances by
updating terms and conditions related to door-to-door commercial solicitation in the Town.
Description of Agenda Item:
Due to federal constitutional case law that has addressed door-to-door solicitation ordinances
around the nation, it is necessary that certain provisions in the Town’s existing solicitation
ordinance be revised. The proposed ordinance, in accordance with applicable constitutional case
law, generally provides as follows: (1) “solicitation” has been defined as excluding fundraising for
political, religious or charitable purposes; (2) permits and registration are not required for political,
religious or charitable institutions or individuals on behalf of such institutions; (3) individuals or
entities that engage in home solicitation transactions (for example, door-to-door sales of products
or solicitations for home repair services) or the distribution of commercial handbills will continue
to be required to register and receive permits from the Prosper Police Department; (4) no
solicitation will be permitted on any property where notice is given that solicitation is either not
permitted or desired; (4) the application process for a permit to solicit has been expanded to
require more information about the solicitors and their purposes for solicitation; (5) the denial or
revocation of permits is further clarified, with expanded grounds for such denial or revocation; and
(6) appeals from such denials or revocations shall be to the Town Manager.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached Ordinance as to form
and legality.
Attached Documents:
1. Ordinance
TOWN ATTORNEY/
POLICE DEPARTMENT
Page 18
Item 4.
Page 2 of 2
Town Staff Recommendation:
The Town Attorney recommends that the Town Council approve an ordinance amending Article
4.03, “Solicitors and Itinerant Merchants; Handbill Distribution,” of Chapter 4, “Business
Regulations,” of the Town’s Code of Ordinances by updating terms and conditions related to door-
to-door commercial solicitation in the Town.
Proposed Motion:
I move to approve an ordinance amending Article 4.03, “Solicitors and Itinerant Merchants;
Handbill Distribution,” of Chapter 4, “Business Regulations,” of the Town’s Code of Ordinances by
updating terms and conditions related to door-to-door commercial solicitation in the Town.
Page 19
Item 4.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, REPEALING
EXISTING ARTICLE 4.03, “SOLICITORS AND ITINERANT MERCHANTS;
HANDBILL DISTRIBUTION,” OF CHAPTER 4, “BUSINESS REGULATIONS,”
OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, AND
REPLACING IT WITH A NEW ARTICLE 4.03, “SOLICITORS AND ITINERANT
MERCHANTS; HANDBILL DISTRIBUTION”; MAKING FINDINGS; PROVIDING
FOR A PENALTY; PROVIDING FOR REPEALING, SAVING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”) has deemed it necessary and in the
best interest of the Town and its residents to repeal existing Article 4.03, “Solicitors and Itinerant
Merchants; Handbill Distribution,” of the Town’s Code of Ordinances and replace it with an
updated ordinance regarding solicitation, itinerant merchants and handbill distribution, in full
compliance with state and federal case law relative thereto; and
WHEREAS, it is the desire and intent of the Town Council to fully comply with existing
jurisprudence on these issues while protecting the health and safety of Town residents who
interact with solicitors and itinerant merchants; and
WHEREAS, the Town Council has further determined that it will be advantageous and
beneficial to Prosper and its inhabitants to amend Article 4.03 as described below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Article 4.03 “Solicitors and
Itinerant Merchants, Handbill Distribution,” of Chapter 4, “Business Regulations,” of the Code of
Ordinances of the Town of Prosper, Texas, is hereby repealed in its entirety and replaced with a
new Article 4.03 “Solicitors and Itinerant Merchants, Handbill Distribution,” of Chapter 4, “Business
Regulations,” of the Code of Ordinances of the Town of Prosper, Texas, to read as follows:
“ARTICLE 4.03. SOLICITORS AND ITINERANT MERCHANTS, HANDBILL DISTRIBUTION
DIVISION 1. GENERALLY
Sec. 4.03.001 Purpose.
This article and shall be deemed an exercise of the police powers of the state and of the
town, in full compliance with the First Amendment to the United States Constitution and applicable
jurisprudence, for the public safety, comfort, convenience, and protection of the town and the
Page 20
Item 4.
Ordinance No. 2024-__, Page 2
citizens thereof, and all of the provisions of this article shall be constructed for the accomplishment
of that purpose.
Sec. 4.03.002 Definitions.
(a) The following words and phrases, when used in this article, shall have the
meanings ascribed to them by this subsection:
Agent means a person who undertakes to transact some business or manage some affair
for another person by the authority and on the account of the latter.
Badge means photographic identification permit issued by the police department of the
town.
Business day means any calendar day except Saturday, Sunday or any state or national
holiday.
Canvasser means a person who engages in canvassing activities.
Canvassing or canvassing activity means the act of:
(1) Traveling either by foot or vehicle, going door-to-door, house-to-house, building-
to-building; or
(2) Occupying space in or traveling on or through any public place in the city;
Charitable purpose means philanthropic or other nonprofit objectives, including the benefit
of poor, needy, sick, refugee or handicapped persons; the benefit of any patriotic or veterans’
association or organization; the benefit of any fraternal, social or civil organization; or the benefit
of any educational institution. “Charitable purpose” shall not be construed to include:
(1) The direct benefit of the individual making the solicitation;
(2) The benefit of any political group or political organization that is subject to financial
disclosure under state or federal law; or The benefit of any church or religious society or order;
(3) The benefit of any church or religious society or order.
Consumer means an individual who seeks or acquires real or personal property, services,
money, or credit for personal, family or household purposes.
Consumer transaction means a sales transaction in which one or more of the parties is a
consumer.
Handbill means any printed or written matter, any sample or device, dodger, circular,
leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies
of any matter or literature that is commercial in nature or has a commercial intent.
Handbill distribution means traveling either by foot or vehicle, going door-to-door, house-
to-house or building-to-building without personally contacting persons to distribute or leave on or
at each premises handbills for any purpose.
Page 21
Item 4.
Ordinance No. 2024-__, Page 3
Handbill distributor means any person engaging or engaged in the business for hire or
gain of distributing handbills, other than newspapers distributed to subscribers thereof, and any
person receiving compensation directly or indirectly for the distribution of such handbills.
Home solicitation transaction means a consumer transaction for the pur chase of goods,
services, or realty, payable in installments, or in cash, in which the merchant engages in a
personal solicitation of the sale to the consumer at a residence, and the consumer ’s agreement
or offer to purchase is given at the residence to the mer chant. A home solicitation transaction
shall not include a sale made pursuant to a preexisting revolving charge account or retail charge
agreement, or a sale made pursuant to prior negotiations between the parties at a business
establishment at a fixed location where goods or services are offered or exhibited for sale, or a
sale of realty in which transaction the purchaser is represented by a licensed attorney or in
which the transaction is being negotiated by a licensed real estate broker.
Local business means a business located and operated within the corporate limits of the
town.
Merchant means a party to a consumer transaction other than a consumer.
Police department means the police department of the Town.
Political purpose means any form of communication related to a political issue, a particular
candidate to a position or nonpartisan office, a political committee, as defined by state law, or to
a political party.
Religious organization means an organization that is dedicated to the support of a church,
religious society, or any other religious sect, group, or order.
Religious purpose means the use of money or property for the support of a church,
religious society or other religious sect, group, or order.
Solicitation means conduct whereby a person or its agent, member, or representative:
(1) Either orally or in writing, asks for a ride, employment, property, financial aid,
money, or any article representing monetary value, for any purpose;
(2) Whether orally or in writing, sells or offers to sell goods, services, publications, or
subscriptions;
(3) Distributes without remuneration goods, services, publications, or subscriptions; or
(4) Solicits signatures on a petition or opinions for a survey.
a. The term “solicitation” shall include persons engaged in the delivery of
handbills or circulars door to door for the solicitation of money, products, services or other items
of pecuniary value. An offer of membership in any organization is expressly excluded.
b. All terminology used in this article and not specifically defined above shall
retain its meaning in conformance with applicable publications of the American National
Standards Institute (ANSI) or its successor body and/or the latest volume of Webster’s Collegiate
Dictionary.
Page 22
Item 4.
Ordinance No. 2024-__, Page 4
Sec 4.03.003 Unlawful solicitation and handbill distribution.
(a) No person, directly or through an agent, shall canvass or solicit in person from
house to house in the town, to sell or attempt to sell goods, merchandise, wares, services or
anything of value or to take or attempt to take orders for the future delivery of goods, merchandise,
wares, or any personal property of any nature whatsoever, or take or attempt to take orders for
services to be furnished or performed in the future, without first having a written pe rmit therefor,
unless the solicitation is for charitable purposes.
(b) Subject to Division 2 of this article, it shall be unlawful for any person, directly or
through an agent or employee, to distribute or cause to be distributed, deposited, placed, thrown,
cast, scattered, handed out or circulated any handbill in or upon any premises within the corporate
limits of the town without first having obtained a permit for such distribution.
(c) It shall be unlawful to solicit funds or distribute handbills after sundown and before
9:00 a.m.
(d) Subject to Division 2 of this article, it shall be unlawful for any person, directly or
through an agent or employee, to solicit funds or distribute handbills after the expiration of any
permit issued as hereinafter provided.
(e) Subject to Division 2 of this article, it shall be unlawful for the person registering or
applying, or the agents or employees thereof, to solicit funds or distribute handbills for a purpose
other than that set out in the registration statement or application upon which the permit was
issued.
(f) It shall be unlawful for any person who shall solicit funds or distribute handbills in
the town to represent that the issuance of a permit by the town constitutes an endorsement or
approval of the solicitation or distribution by the town or its officers or employees.
(g) It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, cast, scattered, handed out or circulated any handbill in or upon any
premises which are temporarily or continuously uninhabited or vacant.
(h) It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, cast, scattered, handed out or circulated any handbill upon any
premises which are inhabited and not otherwise posted as provided for in subsection (i) below,
except by:
(1) Handing or transmitting such handbill directly to the owner, occupant, or
any other person then present in or upon such premises; or
(2) Placing or depositing the handbill in a secure manner to prevent such
handbill from being blown or drifting about the premises, except that mailboxes may not be used
when prohibited by federal postal laws or regulations.
(i) It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, cast, scattered, handed out or circulated any handbill upon any
premises if requested not to do so by the owner, occupant, or any other person then present in
or upon such premises, or if there is placed on such premises, in a conspicuous place upon or
near the main entrance to the residence, a weatherproof card, not less than three inches by four
Page 23
Item 4.
Ordinance No. 2024-__, Page 5
inches in size bearing the words "no trespassing," "no peddlers," "no advertisements," "no
solicitation," no handbills," or any similar notice indicating in any manner that the occupants of
such premises do not desire to be molested or to have their right of privacy disturbed, or to have
any such handbill left upon such premises. The letters on such cards shall be not less than two-
thirds of an inch in height.
(j) It shall be unlawful for any person to distribute or cause to be distributed,
deposited, placed, thrown, cast, scattered, handed out or circulated any handbill in any place,
under any circumstances, which does not have printed on the cover, front or back thereof, the
name, address and telephone number of the handbill sponsor who caused the same to be
distributed; provided, however, that in the case of a fictitious person or club, in addition to such
fictitious name, the true names and addresses of the owners, managers, or agents for the fictitious
person or club sponsoring such handbill shall also appear thereon.
Sec. 4.03.004 Penalty for violation.
Any person violating any of the provisions or terms of this article shall be deemed guilty of
a misdemeanor and, upon conviction, shall be punished by a fine not to exceed the sum of
$500.00 for each offense, and each and every day such violation shall continue be deemed to
constitute a separate offense. Allegation and evidence of a culpable mental state is not required
for proof of any offense defined by this article.
Sec 4.03.005 Supervision of child solicitors.
It shall be unlawful for any person to use any children 13 years of age or less for any type
of solicitation or handbill distribution purposes unless the child or children are actively supervised
by an adult individual at least 18 years of age, who has obtained the permit required by this article,
or is the agent of the individual who obtained the permit. In all cases the supervising adult shall
always be within 100 yards of the child solicitor.
Sec. 4.03.006 Permit—Grounds for denial or revocation.
(a) The police department may deny a permit to any applicant for good cause, which
shall include but not be limited to, the following:
(1) being a fugitive from justice, including any outstanding arrest warrant;
(2) submission of an incomplete application for a permit; or
(3) providing false and/or misleading statements on a permit application.
(b) Failure to comply with any of the provisions of this article shall constitute grounds
for denial or revocation of any permit sought to be issued or issued in accordance with the
provisions of this article.
Sec. 4.03.007 Appeals.
Should an applicant or registrant be denied a permit, or have a permit revoked, he/she
may appeal that action to the Town Manager by submitting a letter and/or related documentation
within ten days of the denial or revocation, specifying the reasons why the permit should have
been granted.
Page 24
Item 4.
Ordinance No. 2024-__, Page 6
The Town Manager shall consider the reasons for the denial or revocation of a permit and
shall render a decision on the appeal within 21 days of the date the appeal was received by the
Town Manager. The decision of the Town Manager shall be final. No new application for a permit
will be considered for six months after denial or revocation, unless said denial or revocation is
without prejudice or is conditional and the conditions have been satisfied as determined by the
chief of police.
Sec. 4.03.008 Sale of merchandise on public right-of-way.
It shall be unlawful for any person to peddle, solicit, sell, offer for sale, or exhibit for sale
any merchandise upon any public sidewalk, street, street right-of-way, parkway, or other public
right-of-way.
Sec. 4.03.009 Affirmative defense and exemption.
(a) It shall be an affirmative defense to prosecution under this article if the person is
occupying the public right-of-way for the purpose of selling newspapers or publications of other
printed material which deal with the dissemination of information or opinion; however, this defense
is not available if said act occurred upon the paved surface or shoulder of any public street,
highway or road.
(b) The provisions of this article shall not apply to:
(1) The regular delivery of newspapers or magazines or other items which
have been subscribed to by the persons receiving them or by occupants of the premises to
which they are delivered;
(2) The interruption of service notices by utility companies;
(3) The distribution of mail by the United States government; and
(4) The service of any lien foreclosure or governmental notices of any
character distributed by the town or any other governmental entity.
Sec. 4.03.010 Exhibiting sign or card prohibiting solicitors and handbill
distributors.
(a) A person desiring that no merchant or other person engage in handbill distribution
or a home solicitation at his/her premises shall exhibit, in a conspicuous place upon or near the
main entrance to the premises, a weatherproof sign or card, not less than three inches by four
inches in size bearing the words "no trespassing," "no peddlers," "no advertisements," "no
solicitation," "no handbills," or any similar notice indicating in any manner that the occupants of
such premises do not desire to be molested or to have their right of privacy disturbed, or to have
any such handbill left upon the premises. The letters on such sign or cards shall be not less than
two-thirds of an inch in height.
(b) Every person upon going onto any premises shall first examine the premises to
determine if any notice prohibiting solicitation or handbill distribution is exhibited upon or near the
main entrance to the premises. If notice prohibiting soliciting or handbill distribution is exhibited,
the person shall immediately depart from the premises without distributing, placing, or depositing
Page 25
Item 4.
Ordinance No. 2024-__, Page 7
any handbill or disturbing the occupant, unless the visit is the result of a request made by the
occupant.
(c) No person shall go upon any premises and ring the doorbell, or rap or knock upon
the door or create any sound in a manner calculated to attract the attention of the occupant of the
premises, for the purpose of securing an audience with the occupant and engaging in or
attempting to engage in a solicitation or distribution transaction, if a sign or card, as described in
this section, is exhibited in a conspicuous place upon or near the main entrance to the premises,
unless the visit is the result of a request made by the occupant.
(d) No person, other than the owner or occupant of the premises, shall remove,
deface, or render illegible a sign or card placed by the occupant pursuant to this section.
(e) Any merchant who has gained entrance to a premises, or audience with the
occupant, whether invited or not, shall immediately depart from the premises without disturbing
the occupant further when requested to leave by the occupant.
Secs 4.03.011—4.03.040 Reserved.
DIVISION 2. NONCHARITABLE SOLICITATION AND HANDBILL DISTRIBUTION
Sec. 4.03.041 Exception.
The provisions of this division shall not apply to a person engaged in a solicitation for a
charitable purpose, a political purpose or a religious purpose.
Sec. 4.03.042 Permit application.
(a) Any person desiring to make home solicitation transactions or distribute handbills
within the town shall file a written application for a permit to do so with the town ’s Police
Department, which application shall show:
(1) The name, date of birth and address of the person applying and desiring to
make home solicitations.
(2) No person younger than 18 years of age shall conduct any solicitation
within and upon public rights-of-way within the town.
(3) Whether the person applying is a natural person, partnership, corporation
or association, and:
a. If a natural person, the business or residence address and
telephone number must be given.
b. If a partnership, the names of all partners and the principal business
address and telephone number of the partnership and the address and telephone number of each
partner must be given.
c. If a corporation, the person applying must:
i. State whether it is organized under the laws of this state or
is a foreign corporation;
Page 26
Item 4.
Ordinance No. 2024-__, Page 8
ii. Show the mailing address and telephone number of the
principal place of business;
iii. Show the mailing address, business location, telephone
number and name of the individual in charge of the town office of such corporation, if any;
iv. State the names of all officers and directors or trustees of
such corporation; and
v. If a foreign corporation, state the place of incorporation.
d. If an association, the application must:
i. Show the association's principal business address, and
telephone number, if any;
ii. Show names and principal business or residence addresses
and telephone numbers of all members of the association unless they exceed ten in number, in
which case the application shall so state and the person registering may alternatively list the
names of principal business or residence addresses and telephone numbers of the officers and
directors or trustees of the association; and(iii)If the association is part of a multistate organization
or association, the mailing address and business location of its central office shall be given, in
addition to the mailing address and business location of its local office.
(4) The names, mailing addresses and telephone numbers of all individuals
who will be in direct charge or control of the solicitation of funds or distribution of handbills.
(5) The time period within which the solicitation of funds or distribution of
handbills is to be made, giving the date of the beginning of solicitation and its concluding date.
(6) A description of the methods and means by which the solicitation of funds
or distribution of handbills is to be accomplished.
(7) The names of other communities in which the applicant has made home
solicitations or distribution of handbills in the past six months.
(8) The nature of merchandise to be sold or offered for sale or the nature of
the services to be furnished.
(9) Whether such applicant, upon any such order so obtained, will demand,
accept or receive payment or deposit of money in advance of final delivery.
(10) Each applicant shall provide proof of identification through submission of a
valid driver's license or other valid/official photo ID.
(11) A statement to the effect that if a permit is granted, such permit will not be
used or represented to be an endorsement or approval by the town or any of its officers or
employees.
(12) Any other information which the town deems necessary for the
administration of this division.
Page 27
Item 4.
Ordinance No. 2024-__, Page 9
a. The application must be signed by the applicant, if the person
applying is an individual; if the applicant is a partnership, by the partner charged with disbursing
the funds solicited or overseeing the handbill distribution; if the applicant is a corporation or an
association, by its officer charged with disbursing the funds solicited or overseeing the handbill
distribution. The individual signing the application shall sign the application and swear before an
officer authorized to administer oaths that he/she carefully read the application and that all the
information contained therein is true and correct.
b. The application must be accompanied by a copy of a valid state
sales tax certificate, if applicable.
c. Information provided by the applicant in accordance with the
provisions of this division shall be subject to verification by the Police Department. Such
application shall also be satisfactory written proof of the individual's authority to represent the
partnership, corporation, association or business entity.
Sec. 4.03.043 Permit fee generally.
Every application shall be accompanied by a nonrefundable application fee of $50.00
subject to change by resolution by town council in order to compensate the town for the cost of
administering this division, and such fee will not be refunded if a permit is not issued. No permit
provided for by this division shall be issued until such fee has been paid by the applicant.
Sec. 4.03.044 Permit fee exemptions.
The permit fee required for the issuance of a permit under the provisions of this division
shall not be required of the following:
(1) Ordinary commercial travelers who sell or exhibit for sale goods, wares or
merchandise to persons selling and dealing in the same within the town.
(2) Persons offering for sale agricultural products, meats, poultry or other
articles of food grown or produced by such persons.
(3) The provisions of this article shall not apply to public utility companies or
others operating under franchises granted by the town, insurance salespeople, real estate sales
people, and others licensed by the state, political groups or organizations which are subject to
financial disclosure under state or federal law.
(4) The provisions of this article shall not apply to commercial agents dealing
with local business establishments in the usual course of business.
(5) Persons engaged in interstate commerce.
Sec. 4.03.045 Permit issuance, duration and form.
(a) After review of the application to determine its compliance with section 4.03.042
above, and within ten business days of the receipt of the application, unless it is determined that
the applicant has provided false or incomplete information on its application, the Police
Department shall either issue a permit, or notify the person applying that the application does
Page 28
Item 4.
Ordinance No. 2024-__, Page 10
not comply with the requirements of section 4.03.082 above and specifically point out what
information or explanation has not been furnished that is required before a permit can be issued.
(b) A permit requested under this division shall be issued for the length of time
requested, not to exceed one year.
(c) The town shall prescribe the form of the permit. Each such permit shall be printed
in black and the following shall be printed thereon: “The issuance of this permit is not an
endorsement by the Town of Prosper or any of its officers or employees.” Each permit shall bear
a permit number which is the same as the files containing the application filed by the applicant.
Sec. 4.03.046 Identification.
(a) Each solicitor and handbill distributor shall carry with him/her and produce upon
request the following information and identification:
(1) Authorization to represent the permittee by holding a copy of the permit
issued by the town;
(2) copy of the valid state sales tax certificate, if applicable; and
(3) A valid driver's license or other valid/official photo ID.
(4) Upon issuance of the badge by the police department, the following
requirements shall apply:
a. The badge issued shall be in such form and requirement so as to
fully identify the person soliciting and will bear a photographic likeness of the solicitor and shall
contain an expiration date.
b. The badge shall be valid only for the person to whom it is issued
(nontransferable). Each solicitor is also required to carry a state approved picture identification
card or a state driver's license as proof of identification.
c. The badge issued shall be carried/displayed by the solicitor in plain
sight while he is engaged in soliciting.
d. The badge is and shall remain the property of the town and may be
revoked and required to be surrendered at any time for any false or misleading information on the
permit application, for violation of any town ordinance, including the provisions set forth in this
article, and for violation of any state or federal law.
Sec. 4.03.047 Revocation of permit.
Any permit issued under this article may be revoked by the police department for any of
the following reasons:
1. Fraud or misrepresentation in the application for a permit;
2. Fraud or misrepresentation in the course of conducting solicitation activities;
3. Conducting solicitation activities contrary to the conditions of the permit; or
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Item 4.
Ordinance No. 2024-__, Page 11
4. Conducting solicitation activities in such a manner as to create or constitute a danger to
the public health, safety or welfare.
Upon revocation, the police department shall deliver written notice to the permit holder
stating the action taken and the reasons supporting such action. The written notice shall be
delivered to the permit holder's place of business or mailed to the permit holder's last known
address. The chief of police or designee shall have the authority to seize any and all permit
badges possessed by persons conducting business as a solicitor while the official notification
process is underway. At such time, any and all solicitation activities conducted under the authority
of that permit shall cease. Any appeal of such revocation shall be subject to the provisions of
section 4.03.007.
Sec. 4.03.048 Public disclosure.
All applications, whether or not a permit has been issued, shall be public record and shall
be available for inspection by members of the public during regular business hours, and copies
may be obtained at cost.”
SECTION 3
Any person, firm, corporation, or business entity violating this Ordinance or any provision
thereof, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be fined any sum not exceeding Five Hundred Dollars ($500.00). Each continuing day’s
violation under this Ordinance shall constitute a separate offense.
SECTION 4
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause, or
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional or invalid.
SECTION 5
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for
any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said
ordinances shall remain in full force and effect.
SECTION 6
This Ordinance shall become effective from and after its adoption and publication as
required by law.
Page 30
Item 4.
Ordinance No. 2024-__, Page 12
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF JUNE, 2024.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 31
Item 4.
Page 1 of 2
To: Mayor and Town Council
From: Whitney Rehm, Budget Officer & Grants Administrator
Through: Mario Canizares, Town Manager
Doug Kowalski, Chief of Police
Re: FY 2025 MVCPA SB 224 Catalytic Converter Grants Second Solicitation
Grant Application
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon a resolution authorizing the Town Manager, and/or his/her designee, to
apply for the FY 2025 Motor Vehicle Crime Prevention Authority SB 224 Catalytic Converter
Grants Grant.
Description of Agenda Item:
The Motor Vehicle Crime Prevention Authority (MVCPA) has authorized the issuance of the Fiscal
Year 2025 (FY 2025) Request for Applications (RFA). Senate Bill 224 provides that, “The money
deposited to the credit of the general revenue fund for coordinated regulatory and law enforcement
activities intended to detect and prevent catalytic converter theft in this state… may be
appropriated to the Authority for the activities required by this section.” To implement SB 224, the
MVCPA is providing grants to local law enforcement taskforces and agencies to combat Catalytic
Converter Theft.
To help combat catalytic converter theft in the Town of Prosper, the Police Department will be
requesting 4 Flock Camera Trailers $20,500, Traffic Analytics $8,000, 3SI's ESO Trackers $3,250,
Flock 911 $30,400, Flock Integrations (Railroad) $3600 and 9 Flock Wireless Video Pairs $22,500.
The 4 Flock Camera Trailers will be mobile and allow Prosper PD to place these trailers in areas
that have a high likelihood of catalytic converter theft, vehicle thefts and burglary of motor vehicles.
Traffic Analytics complements Flock by providing data analytics, providing vehicle counts, and
vehicle demographics. The ESO trackers will allow Prosper PD to purchase small GPS trackers
that belong to the Town of Prosper instead of borrowing them from other agencies during criminal
investigations especially those dealing with catalytic converter theft and other crimes associated
with motor vehicles. Flock 911 will allow our officers to respond effectively to Flock hotlist alerts.
The integration of the Flock with the railroad will allow our officers to respond to Flock hits near
the railroad as well as other town owned cameras. The 9 Flock wireless video pairs will replace
cameras at Frontier Park. These equipment requests will complement our existing Flock Safety
Program footprint and allow our officers to solve crimes expeditiously.
POLICE DEPARTMENT
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Item 5.
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This grant is funded at 80% if selected by the Motor Vehicle Crime Prevention Authority. The
Town of Prosper will be responsible for initially funding the equipment out of General Fund, and
the MVCPA will reimburse the Town of Prosper.
This request related to the FY25 Decision Package for FY25.
Budget Impact:
The total funds requested will be approximately $88,250 and will be funded from the Police
Department's Capital Account, 100-6140-20-01. The cost share is 80/20, with an estimated
commitment of $17,560.
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. Solicitation
2. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council approve a resolution authorizing the Town Manager,
and/or his/her designee, to apply for the FY 2025 Motor Vehicle Crime Prevention Authority SB
224 Catalytic Converter Grants Second Solicitation Grant and approve the authorization to accept
the FY 2025 Motor Vehicle Crime Prevention Authority SB 224 Catalytic Converter Grants Second
Solicitation Grant, if awarded. A future budget amendment will be requested to account for the grant
income and to allocate funding for this project.
Proposed Motion:
I move to accept a resolution authorizing the Town Manager, and/or his/her designee, to apply for
the FY 2025 Motor Vehicle Crime Prevention Authority SB 224 Catalytic Converter Grants Second
Solicitation Grant and approve the authorization to accept the FY 2025 Motor Vehicle Crime
Prevention Authority SB 224 Catalytic Converter Grants Second Solicitation Grant, if awarded.
Page 33
Item 5.
Page 1 of 7
Motor Vehicle Crime Prevention Authority
Fiscal Year 2025 Request for Applications – SB 224 Catalytic
Converter Grant
May 13, 2024
Notice of Request for Applications
The Motor Vehicle Crime Prevention Authority (MVCPA) authorized the issuance of the Fiscal Year 2025
Request for Applications (RFA) Senate Bill 224 provides that, “The money deposited to the credit of the
general revenue fund for coordinated regulatory and law enforcement activities intended to detect and
prevent catalytic converter theft in this state… may be appropriated to the Authority for the activities required
by this section.” To implement SB 224, the MVCPA is providing grants to local law enforcement taskforces and
agencies to combat Catalytic Converter Theft. Eligible applicants may request funds for program operation by
submission of an application consistent with the information, including the requirements and conditions
stated in this RFA. This RFA is posted in the Texas Register for at least thirty (30) days prior to the due date for
Applications.
All applications submitted will be for FY2025. If awarded an FY 2025 SB 224 Catalytic Converter Grant, the
MVCPA may provide a FY 2026 grant subject to availability of funding and grantees’ positive program
performance. The MVCPA may use the same FY 2025 application and prorated budget values as originally
submitted for the additional period. Any ongoing program (scope) changes or budget changes will be
submitted by grantees through the grant adjustment process after the creation of the second-year grants.
Due Date
Grant Applications from eligible applicants must be completely submitted on-line at
https://MVCPA.tamu.edu on or before 5:00 PM, June 21, 2024. First time applicants must establish an
account and perform account setup steps prior to an application being able to be submitted.
The required Resolution and any optional supporting documents must be scanned and submitted as
attachments to the application at https://MVCPA.tamu.edu on or before 5:00 PM, June 21, 2024.
Applicable Authority and Rules
Motor Vehicle Crime Prevention Authority grant programs are governed by the following statutes, rules,
standards and guidelines:
• Texas Transportation Code Chapter 1006
• Texas Administrative Code (TAC): Title 43; Part 3; Chapter 57
• Texas Grant Management Standards (TxGMS) as promulgated by the Texas Comptroller of Public
Accounts
• The current Motor Vehicle Crime Prevention Authority Grant Administrative Manual and any subsequent
adopted grantee instruction manuals
• This Request for Applications issued on May 13, 2024
Eligible Applicants
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Item 5.
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Only Texas law enforcement agencies through their city or county are eligible to apply for the FY 2025 SB 224
Catalytic Converter Grant funding.
New Grant – These are annual grants that require a minimum cash match of 20% for the program described in
the application. Applicants meeting the eligibility requirements may submit a new grant application to the
priority established by the MVCPA in the FY 2025 RFA. New applicants shall email MVCPA at
GrantsMVCPA@txdmv.gov from an official governmental agency email account to request an account and
access be established.
Grant Type
Reimbursement – This is a total program budget reimbursement grant. Applicants that are awarded grants
will expend local (agency) funds and then will be reimbursed quarterly, subject to compliance with standard
and special conditions as contained in the Statement of Grant Award (SGA), at the agreed rate for all
allowable, reasonable, and necessary program costs incurred.
Grant Term
The FY 2025 grant cycle is a one (1) year funding cycle to begin on September 1, 2024, and end August 31,
2025. Subject to availability of funding and grantees’ positive program performance the MVCPA may provide
a FY 2026 grant using the same on-line application systems and prorated budget values as originally
submitted. No obligations or expenses may be incurred or made outside of the grant period(s).
Method of Application
Grant Applications from eligible applicants shall be completely submitted on-line at https://MVCPA.tamu.edu
on or before 5:00 PM, June 21, 2024. All forms will be completed on-line. The Resolution and all supporting
documents must be submitted as attachments.
Resolution Required
A Resolution (Order or Ordinance) by the applicant governing body is required to make application for these
funds. The resolution shall provide that the governing body applies for the funds for the purpose provided in
statute (SB 224 and this RFA) and agrees to return the grant funds in the event of loss or misuse and designate
the officials that the governing body chooses as its agents to make uniform assurances and administer the
grant if awarded.
Only the governing body that submits an application needs to adopt and submit a Resolution. Participating
jurisdictions in multi-agency taskforces shall agree and commit to the grant through Interlocal Cooperation
Contract or agreements as provided under Texas Local Government Code Chapter 362, Texas Government
Code Chapter 791, and TxGMS.
In the event a governing body has delegated the application authority to a city manager, chief of police, sheriff
or other official, then applicants must submit on-line a copy of the delegation order (documentation) along
with the Resolution signed by the official. A sample Resolution is attached as Appendix A.
Program Category
To be eligible for consideration for funding, a taskforce grant application must be designed to support one or
more of the following MVCPA program categories (43 TAC §57.14):
Law Enforcement, Detection, and Apprehension - provide financial support to law enforcement agencies for
catalytic converter theft and crime enforcement teams (referred to as taskforces). Taskforces will develop
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Item 5.
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organized methods to combat catalytic converter theft through the enforcement of applicable law. This may
include recovery of vehicles, clearance of cases, arrest of law violators, and disruption of organized motor
vehicle crime. This category includes development of uniform programs to prevent stolen catalytic converters
from entering Mexico or being removed from Texas through outbound seaports.
Prosecution/Adjudication/Conviction - provide financial support for taskforces to work with prosecutors and
the judiciary to implement programs designed to reduce the incidence of catalytic converter theft.
Prevention, Anti-Theft Devices and Automobile Registration - provide financial support for taskforces to work
with organizations and communities to reduce the incidence of catalytic converter theft. The application shall
demonstrate how financial support will assist motor vehicle owners to reduce catalytic converter theft.
Reduction of the Sale of Stolen Vehicles or Parts - provide financial support for taskforces to work with
businesses, organizations, and communities to reduce the sale of stolen vehicles or parts. Applicants will
develop organized methods to combat the sale of stolen vehicles and parts using any of the following: vehicle
identification number (VIN) inspection; inspections of motor vehicle part and component distribution
enterprises; parts labeling and etching methods; and means to detect the fraudulent selling of stolen parts.
Educational Programs and Marketing - provide financial support for taskforces to work with businesses,
organizations, and communities to reduce the sale of catalytic converters. Applicants will develop organized
methods to combat the sale of stolen catalytic converters using any of the following: vehicle identification
number (VIN) inspections; inspections of motor vehicle part and component distribution enterprises; parts
labeling and etching methods; and means to detect the fraudulent sale of stolen catalytic converters.
Priority Funding
The MVCPA enabling statute provides that “The authority shall allocate grant funds primarily based on the
number of motor vehicles stolen in, or the motor vehicle burglary or theft rate across, and the number of
fraud-related motor vehicle crimes committed in the state rather than based on geographic distribution.” (TTC
Section 1006.151(c); SB 224). In addition, the following grant features will be given priority consideration in
evaluating new grant applications:
Continuing Funded Programs in Compliance with MVCPA Grant Conditions – Applications that provide for
the continuation of existing programs that currently meet the program and fiscal reporting conditions of the
MVCPA grant program. Applicants must provide the ongoing need and their progress and impactful
performance toward detecting and preventing catalytic converter theft.
The applicant must describe the experience and qualifications of investigators used in the program and how
utilization of grant inventory and resources for continued operation of these specialized investigative grant
programs are useful for state and local governments.
Programs to Combat Organized Catalytic Converter Crime – Applications for detecting and preventing
catalytic converter theft enforcement teams that introduce, increase, or expand efforts to detect and prevent
theft of catalytic converters by organized crime.
Border and Port Security – Applications that provide specific initiatives to identify and prevent stolen catalytic
converters from crossing the border using automatic license plate readers, training of local state and federal
personnel in the identification of catalytic converters, and bridge and port inspections.
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Item 5.
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Use of Technology – Applications that incorporate automatic license plate reader programs, surveillance
equipment and other uses of technology to increase the number of stolen catalytic converters recovered and
the number of persons arrested for catalytic converter crimes.
Theft of Parts from a Motor Vehicle – Applications that incorporate a reasonable, objective plan to combat
and prevent the theft of catalytic converters.
Dedicated Prosecutors – Applications that incorporate a dedicated prosecutor to increase the priority of
catalytic converter theft prosecutions and decrease the number of repeat offenders through successful
prosecution efforts.
Supporting Documents
Documents that provide evidence of local support or commitment from other officials or agencies for the
application may be submitted following the same instructions as the Resolution. Interagency agreements shall
be submitted prior to payments being authorized if an award is made. MVCPA recommends that interagency
agreements be completed after award determinations are made to ensure correct amounts are reflected in
those agreements. All interagency agreements must meet the conditions and elements required in the
TxGMS.
Supplanting Prohibited
Grant funds provided by the Authority under this RFA shall not be used to supplant federal, state or local
funds that otherwise would be available for the same purposes (43 Texas Administrative Code §57.9).
Supplanting means the replacement of other funds with MVCPA grant funds. This shall include using existing
resources already available to a program activity as cash match.
NICB – Applicants may enter into formal agreements with the National Insurance Crime Bureau (NICB) to work
on grant funded activities. The amount of salary and other direct costs related to the work on grant activity
provided by the NICB may be reported. Time certifications are required to be made by the employee for these
positions as required by TXGMS.
In-Kind Match
Only include in-kind match if necessary for the local jurisdiction. In-kind match may be used to: 1) reflect the
total level of jurisdictions’ effort/costs to combat catalytic converter theft; 2) reflect how the grant program
fits into jurisdictions’ operation; 3) effectively operate a single program with multiple funding streams; and/or
4) contributions from the applicant or third parties that are for grant funded activity. Costs in detail line items
shall not be split between in-kind match and grant funding. For example, the entire salary of an officer shall be
placed in one expense type rather than split between grant and in-kind.
Reporting and Webinar Attendance Requirements
Applicants that are awarded grants will be required to provide:
Quarterly Progress Reports - The MVCPA requires the submission of quarterly progress reports to
demonstrate progress toward meeting goals and activities provided in the grant application. These
include: 1) Monthly progress toward meeting statutorily required performance measures; 2) Monthly
progress recorded on the Goals, Strategies and Activities report; and 3) Quarterly Summary and
Success section. Grantees designated as Border/Port Security grants are required to complete
additional sections required by the Texas Legislature.
Quarterly Financial Reports – Reports of actual expenses incurred are required to request funds. All
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Item 5.
Page 5 of 7
expenditures must be in accordance with local policies and procedures and grant requirements. Grantees
shall review all expenditures, ensure all applicable regulations are followed, and maintain documentation
that is accurate and complete. All expenses must be supported by appropriate documentation.
Webinar Attendance: One grant financial representative from the applicant agency is required to attend a
monthly session via teleconference or webinar that includes information on MVCPA grant administration.
One law enforcement officer is required to attend the information sharing and networking sessions on a
monthly session via teleconference or webinar that includes law enforcement issues and other MVCPA issues
critical to the successful operation of MVCPA taskforces.
Funding Requirements and Conditions
a) State Funds Availability – All awards by the MVCPA are subject to availability of state funds.
b) Right of Refusal –The Authority reserves the right to reject any or all of the applications submitted.
c) Awards – Publishing the RFA does not legally obligate the Authority to fund any programs.
d) Partial Funding – The Authority may choose to offer funds for all, or any portion of a program
submitted in an application.
e) Substitution –The Authority may offer alternative funding sources, special conditions, or alternative
program elements in response to submitted Applications.
f) Application Required –Registration for on-line access is required. The MVCPA is not responsible for
applicants that cannot complete the registration and application process on-time.
g) No Alternative Application Submission - Paper applications and requests for funding are not accepted
in lieu of the on-line grant application process.
h) Review Criteria–Authority staff and designated MVCPA Board member(s) will review each grant
using subjective and objective tools and comparative analysis. The weight given to each section or
combination of sections is at the sole discretion of the Authority.
i) Questions and Clarification –During the review period, the applicant may be contacted by
Authority staff to ask questions or to seek clarification regarding information provided in the
application. Failure to promptly respond will not disqualify an applicant, but information that is
submitted after the review period may not be considered.
j) Final Selection –The Authority may select and award programs that best meet the statutory
purposes and that reflect its current priorities. No appeal may be made from the Authority’s
decisions.
k) Changes in Application –If an applicant proposes changes to be made in the program type or
participation of jurisdictions after an award is determined, then the Authority will review the
changes and may make modifications (including the amount) or cancel the award as deemed
appropriate to the Authority.
l) Delayed Start –An applicant that is awarded a grant and that does not begin operations within
30 days of the issuance of the Statement of Grant Award is considered terminated.
m) Application instructions – the MVCPA provides additional details and instructions in the on-line
application system that are incorporated by reference as part of this RFA and must be followed
during the application and award process.
n) Program Income – is defined in the TxGMS. Current grantees carrying forward program
income to future years will follow the new rules established by the Texas Comptroller and
MVCPA Grant Administrative Manual.
o) TCOLE Certifications Required –All law enforcement agencies regulated by Chapter 1701,
Occupations Code must certify that they are in compliance with the Texas Commission on Law
Enforcement standards or provide a certification from the Texas Commission on Law
Enforcement that states that the requesting agency is in the process of achieving compliance
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MVCPA Application Checklist
Each Applicant must:
1) Complete the on-line Application on or before 5:00 PM,
June 21, 2024;
2) Complete the Resolution with the city or county and
attach with other supporting documents on or before 5:00
PM, June 21, 2024
with said rules.
Selection Process:
Eligible applications will be reviewed. Grant award decisions by MVCPA are final and not subject to
judicial review.
Applications that do not meet the stated requirements of this RFA and that are not eligible for review
will be notified ten (10) working days after the due date.
Application Workshop
Potential applicants are requested to attend the on-line “Motor Vehicle Crime Prevention Authority Grant
Application Workshop” which has been scheduled for: May 22, 2024 (10:00 AM to 11:30 AM).
Join us using the following links:
THIS MEETING WILL BE HELD REMOTELY VIA MICROSOFT TEAMS MEETING
Join on your computer, mobile app or room device.
________________________________________________________________________________ Microsoft Teams Need help?
Join the meeting now
Meeting ID: 250 373 407 534
Passcode: 4ZE5Sq
Dial-in by phone
+1 737-787-8456,,870654560# United States, Austin
Phone Conference ID: 870 654 560#
For organizers: Meeting options |
The informational session will provide details on the grant Application process including grant eligibility
requirements, completing the various Application sections, and the grant cycle timeline. At least one
representative of the potential grant applicant should be present at this workshop.
Contact Person
William Diggs, MVCPA Director,
Texas Motor Vehicle Crime Prevention Authority
4000 Jackson Avenue
Austin, Texas 78731
(512) 465-1485
GrantsMVCPA@txdmv.gov
Issued in Austin, Texas on May 13, 2024
William Diggs, MVCPA Director
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Item 5.
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Appendix A
Updated Sample Motor Vehicle Crime Prevention Authority Resolution
Applicants must use the language below to meet the minimum legal elements to execute an agreement with
the MVCPA through the grant application process. Cities and counties not wanting to use the sample below
must address all the legal elements contained herein.
2025 Blank City/ County Resolution or Order or Ordinance
Motor Vehicle Crime Prevention Authority
2025 BLANK Resolution
Taskforce Grant Program
WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative
Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime
Prevention Authority to provide financial support to law enforcement agencies for economic motor vehicle
theft and fraud-related motor vehicle crime enforcement teams; and
WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle theft, motor vehicle burglary
and fraud-related motor vehicle crime; and
WHEREAS, BLANK has agreed that in the event of loss or misuse of the grant funds, BLANK assures that the
grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority.
NOW THEREFORE, BE IT RESOLVED and ordered that TITLE, is designated as the Authorized Official to apply
for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority
Grant Program and all other necessary documents to accept said grant; and
BE IT FURTHER RESOLVED that TITLE, is designated as the Program Director and TITLE, is designated as the
Financial Officer for this grant.
Adopted this ______day of ________________, 2024.
________________________________________
NAME
TITLE: County Judge /Mayor/ City Manager
Page 40
Item 5.
Resolution No. 2024-XX, Page 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2024-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN TO SUBMIT A GRANT APPLICATION TO
THE MOTOR VEHICLE CRIME PREVENTION AUTHORITY FOR THE 2025 SB
224 CATALYTIC CONVERTER GRANT PROGRAM; MAKING FINDINGS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper finds it in the best interests of the citizens of the Town
of Prosper (“Town”) that the Town submit a grant application for the SB 224 Catalytic Converter
Grant Program to be funded by the Motor Vehicle Crime Prevention Authority Taskforce Grant
Program for the 2024 fiscal year; and
WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and
Texas Administrative Code Title 43; Part 3; chapter 57, entities are eligible to receive grants from
the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement
taskforces and agencies for economic motor vehicle theft, including catalytic converter theft; and
WHEREAS, this grant program will assist this jurisdiction to combat catalytic converter
theft; and
WHEREAS, the Town agrees to provide applicable matching funds for said project as
required by the Motor Vehicle Crime Prevention Authority grant application; and
WHEREAS, the Town agrees that in the event of the loss or misuse of the grant funds,
the Town agrees and assures that the funds will be returned to the Motor Vehicle Crime
Prevention Authority in full; and
WHEREAS, the Town designates the Budget Officer & Grants Administrator as the
Authorized Official to apply for, accept, reject, alter, or terminate the grant application for the Motor
Vehicle Crime Prevention Authority Grant Program and all other necessary documents to accept
said grant on behalf of the Town; and
WHEREAS, the Town designates that Jon Kundak is designated as the Program Director
and Marcus Northcutt is designated as the Financial Officer for this grant.
NOW, THEREFORE, BE IT RESOLVED 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 Resolution as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper does hereby approve the submission of the
grant application for the Motor Vehicle Crime Prevention Authority 2024 SB 224 Catalytic
Converter Grant Program.
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Item 5.
Resolution No. 2024-XX, Page 2
SECTION 3
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE ___ DAY OF _________________, 2024.
___________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 42
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Executive Director
Leigh Johnson, IT Director
Through: Mario Canizares, Town Manager
Re: CivicPlus Website Hosting Renewal Agreement
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a renewal agreement with
CivicPlus for website hosting services for an initial term of one year in the amount of $16,990, with
annual renewals for three additional years in an amount not to exceed an increase of 5% per year.
Description of Agenda Item:
The Town of Prosper entered into an agreement with CivicPlus on July 26, 2022, to design and
launch the new Town website. The initial term of the agreement was for two years, and it included
a provision for a 5% annual increase beginning in year 2 of service. Year 2 of the initial agreement
ends in July 2024.
In April 2024, Town staff was notified that CivicPlus would be raising the Town’s renewal rate by
24% at the end of our current term, effective in July 2024. The cost increase was attributed to
inflation, more robust cybersecurity protections, and product enhancements. After several weeks
of discussion, Town staff was able to negotiate the renewal increase down to 12%, and lock in a
not-to-exceed increase of 5% for three additional years. The change in contract terms necessitates
approval of a new renewal agreement.
Budget Impact:
This service is currently budgeted in the Information Technology Contract Services account 100 -
5480-10-06. The renewal cost for FY 2023-2024 is $16,990, which is an increase of $3,012 over
the current annual budget for this contract. Annual renewals for three additional years will not
exceed 5% per year for a total not-to-exceed cost of $73,230.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved the attached documents
as to form and legality.
COMMUNICATIONS
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Item 6.
Page 2 of 2
Attached Documents:
1. CivicPlus Renewal Quote
2. CivicPlus Agreement – July 2022
Town Staff Recommendation:
Town Staff recommends the Town Council authorize the Town Manager to execute a renewal
agreement with CivicPlus for website hosting services for an initial term of one year in the amount
of $16,990, with annual renewals for three additional years in an amount not to exceed an increase
of 5% per year.
Proposed Motion:
I move to authorize the Town Manager to execute a renewal agreement with CivicPlus for website
hosting services for an initial term of one year in the amount of $16,990, with annual renewals for
three additional years in an amount not to exceed an increase of 5% per year.
Page 44
Item 6.
V. PD 06.01.2015-0048
Page 1 of 2
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Quote #: Q-71897-1
Date: 4/12/2024 3:33 PM
Customer: PROSPER, TEXAS
QTY Product Name DESCRIPTION TOTAL
1.00 CivicSend Annual - CivicEngage Central
Renewal
CivicSend Annual USD 1,645.70
1.00 CivicEngage Custom IdP Integration
Annual Fee Renewal
Custom IdP Integration Annual Fee USD 1,299.24
1.00 Annual - CivicEngage Central Renewal Annual - CivicEngage Central USD 2,671.08
1.00 Hosting & Security Annual Fee -
CivicEngage Central Renewal
Hosting & Security Annual Fee -
CivicEngage Central
USD 823.27
1.00 SSL Management – CP Provided Only
Renewal
SSL Management - CP Provided Only 1
per domain (Annually Renews): https://
www.prospertx.gov
USD 61.87
1.00 Design Center Pro Annual Fee -
CivicEngage Central Renewal
Design Center Pro Annual Fee USD 5,196.97
1.00 CivicPlus Chatbot Subscription Renewal Powered by AI technology, the Frase
Answer Engine for Local Government
uses website content to answer citizen
questions. This solution includes
dashboard analytics and language
translation.
USD 5,292.00
Annual Recurring Services - Initial Term USD 16,990.13
Annual Recurring Services – Year 2 USD 17,839.64
Annual Recurring Services – Year 3 USD 18,731.62
Annual Recurring Services – Year 4 USD 19,668.20
1. This renewal Statement of Work ("SOW") is between Town of Prosper (“Customer”) and CivicPlus, LLC and shall be subject to
the terms and conditions of the Master Services Agreement (“MSA”) and the applicable Solutions and Products terms found at:
www.civicplus.help/hc/p/legal-stuff (collectively, the “Terms and Conditions”). By signing this SOW, Customer expressly agrees to the
Terms and Conditions throughout the Term of this SOW. The Terms and Conditions form the entire agreement between Customer
and CivicPlus (collectively, referred to as the “Agreement”). The Parties agree the Agreement shall supersede and replace all prior
agreements between the Parties with respect to the services provided by CivicPlus herein (the “Services”).
2. This SOW shall remain in effect for an initial term starting at the Customer’s next renewal and invoice date of 7/26/2024 and
running for four years (“Initial Term”). In the event that neither party gives 60 days’ notice to terminate prior to the end of the Initial
Term, or any subsequent Renewal Term, this SOW will automatically renew for additional 1-year renewal terms (“Renewal
Term”). The Initial Term and all Renewal Terms are collectively referred to as the “Term”.
3. Unless terminated, Customer shall be invoiced on 7/26 for the Annual Recurring Services on each Renewal Date of each
calendar year subject to an annual increase of 5% each Renewal Term.
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Item 6.
V. PD 06.01.2015-0048
Page 2 of 2
Acceptance
By signing below, the parties are agreeing to be bound by the covenants and obligations specified in this SOW. For
CivicPlus Billing Information, please visit https://www.civicplus.com/verify/.
IN WITNESS WHEREOF, the parties have caused this SOW to be executed by their duly authorized representatives as of
the dates below.
Client CivicPlus
By:
Name:
By:
Name:
Amy Vikander
Title: Title:
Senior Vice President of Customer Success
Date: Date:
5/20/2024
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Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Executive Director
Through: Mario Canizares, Town Manager
Re: Downtown Monumentation Design
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
Consider and act upon authorizing the Town Manager to execute an Agreement for Professional
Services between the Town of Prosper and Olsson Studio related to design of monumentation in
Downtown Prosper for an amount not to exceed $66,500.
Description of Agenda Item:
The Downtown Advisory Committee (DTAC) was appointed in November 2023 for the purpose of
making recommendations on the implementation of the Downtown Master Plan. Since that time,
the DTAC has made several recommendations on improvements to Downtown Prosper.
Among the projects the DTAC is considering is a series of decorative archways and/or monuments
that will create a unique identity for Downtown Prosper and establish Downtown as a destination
for residents and visitors. In March 2024, the DTAC recommended the Town seek Statements of
Qualification (SOQ) from qualified firms for the conceptual design and planning of the Downtown
Archway Structures project. The Town received five proposals and the top three firms were invited
to give presentations to the DTAC. Olsson Studio was chosen as the top firm for the project.
Olsson Studio has experience with similar projects, including Grandscape in The Colony.
The Scope of Services in the attached Agreement outlines the services that will be provided by
Olsson Studio through the conceptual development stage (Phases 100-300) for a cost of $62,900,
plus additional reimbursable expenses up to $3,600, for an amount not to exceed $66,500. The
deliverables for Phases 100-300 include a kickoff meeting with staff, a design charette comprised
of three meetings with the DTAC and other Downtown stakeholders, the conceptual design of a
monumentation plan for Downtown, and an opinion of probable costs for construction. The
estimated timeline for completion is approximately four months.
After the conceptual development process is completed, the DTAC will have the option to
recommend moving forward with the preparation of Construction Documents for the project
(Phase 4). Those services will be provided by Olsson Studio under a separate agreement which
will be brought back to the Town Council for approval. If the Town Council decides to move
forward with construction of the project, funding will need to be identified and the Town will solicit
bids from qualified vendors.
COMMUNICATIONS
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Budget Impact:
The project fee for the conceptual design portion of the project will not exceed $66,500. Funds
are available in account 100-5480-10-99 for Downtown Improvements.
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. Olsson Studio Letter Agreement
Town Staff Recommendation:
Town Staff recommends the Town Council authorize the Town Manager to execute an Agreement
for Professional Services between the Town of Prosper and Olsson Studio related to design of
monumentation in Downtown Prosper for an amount not to exceed $66,500.
Proposed Motion:
I move to authorize the Town Manager to execute an Agreement for Professional Services
between the Town of Prosper and Olsson Studio related to design of monumentation in Downtown
Prosper for an amount not to exceed $66,500.
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Item 7.
1814 Main / Kansas City, MO 64108
O 816.842.8844 / olsson-studio.com
LETTER AGREEMENT
FOR PROFESSIONAL SERVICES
May 16, 2024
Town of Prosper, Texas
Attn: Robyn Battle
250 W First St
Prosper, TX 75078
Re: LETTER AGREEMENT FOR PROFESSIONAL SERVICES
Downtown Monumentation (the “Project”)
Prosper, Texas
Dear Ms. Battle:
It is our understanding that Town of Prosper, Texas (“Client”) requests Olsson, Inc. dba Olsson
Studio (“Olsson”) to perform the services described herein pursuant to the terms of this Letter
Agreement for Professional Services, Olsson’s General Provisions and any exhibits attached
hereto (all documents constitute and are referred to herein as the “Agreement”) for the Project.
Olsson has acquainted itself with the information provided by Client relative to the Project and
based upon such information offers to provide the services described below for the Project. Client
warrants that it is either the legal owner of the property to be improved by this Project or that Client
is acting as the duly authorized agent of the legal owner of such property. Client acknowledges
that it has reviewed the General Provisions and any exhibits attached hereto, which are expressly
made a part of and incorporated into the Agreement by this reference. In the event of any conflict
or inconsistency between this Letter Agreement, and the General Provisions regarding the
services to be performed by Olsson, the terms of the General Provisions shall take precedence.
Olsson shall provide the following services (“Scope of Services”) to Client for the Project as more
specifically described in “Scope of Services” attached hereto. Should Client request work in
addition to the Scope of Services, Olsson shall invoice Client for such additional services
(Optional Additional Services) at the standard hourly billing labor rate charged for those
employees actually performing the work, plus reimbursable expenses if any. Olsson shall not
commence work on Optional Additional Services without Client’s prior written approval.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
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SCHEDULE FOR OLSSON’S SERVICES
Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows:
Anticipated Start Date: June 1, 2024
Anticipated Completion Date: October 1, 2024
Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services
on the Anticipated Completion Date. However, the Anticipated Start Date, the Anticipated
Completion Date, and any milestone dates are approximate only, and Olsson reserves the right
to adjust its schedule and any or all of those dates at its sole discretion, for any reason, including,
but not limited to, delays caused by Client or delays caused by third parties.
COMPENSATION
Client shall pay to Olsson for the performance of the Scope of Services a lump sum of Sixty-Two
Thousand Nine Hundred Dollars ($62,900.00) plus reimbursable expenses in accordance with
the Reimbursable Expense Schedule attached to this agreement. Olsson shall submit invoices
on a monthly basis, and payment is due within 30 calendar days of invoice date.
TERMS AND CONDITIONS OF SERVICE
We have discussed with you the risks, rewards and benefits of the Project, the Scope of Services,
and our fees for such services and the Agreement represents the entire understanding between
Client and Olsson with respect to the Project. The Agreement may only be modified in writing
signed by both parties.
Client’s designated Project Representative shall be _____________________________.
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If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in the
space provided below. Retain one original for your files and return an executed original to Olsson.
This proposal will be open for acceptance for a period of 30 days from the date set forth above,
unless changed by us in writing.
OLSSON, INC. DBA OLSSON STUDIO
By __________________________________ By __________________________________
Korey Schulz, PLA, ASLA Emily Deeker, PLA, ASLA
By signing below, you acknowledge that you have full authority to bind Client to the terms of the
Agreement. If you accept the terms set forth herein, please sign:
TOWN OF PROSPER, TEXAS
By _______________________________
Signature
Print Name _________________________
Title _______________________________ Dated _________________________
Attachments
General Provisions
Scope of Services
Reimbursable Expense Schedule
Exhibit A
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GENERAL PROVISIONS
These General Provisions are attached to and made a part of
the respective Letter Agreement or Master Agreement, dated
May 16, 2024 between Town of Prosper, Texas (“Client”) and
Olsson, Inc. (“Olsson”) for professional services in connection
with the project or projects arising under such Letter Agreement
or Master Agreement (the “Project(s)”).
As used herein, the term "this Agreement" refers to these
General Provisions, the applicable Letter Agreement or Master
Agreement, and any other exhibits or attachments thereto as if
they were part of one and the same document.
SECTION 1—OLSSON’S SCOPE OF SERVICES
Olsson’s scope of services for the Project(s) is set forth in the
applicable Letter Agreement or Master Agreement (“Scope of
Services”).
SECTION 2—ADDITIONAL SERVICES
2.1 Unless otherwise expressly included, Scope of
Services does not include the categories of additional services
set forth in Sections 2.2 and 2.3.
2.2 If Client and Olsson mutually agree for Olsson to
perform any optional additional services as set forth in this
Section 2.2 (“Optional Additional Services”), Client will provide
written approval of the agreed-upon Optional Additional
Services, and Olsson shall perform or obtain from others such
services and will be entitled to an increase in compensation at
rates provided in this Agreement. Olsson may elect not to
perform all or any of the Optional Additional Services without
cause or explanation:
2.2.1 Preparation of applications and supporting
documents for governmental financial support of the Project(s);
preparation or review of environmental studies and related
services; and assistance in obtaining environmental approvals.
2.2.2 Services to make measured drawings of or to
investigate existing conditions of facilities.
2.2.3 Services resulting from changes in the general
scope, extent or character of the Project(s) or major changes in
documentation previously accepted by Client where changes
are due to causes beyond Olsson's control.
2.2.4 Services resulting from the discovery of
conditions or circumstances which were not contemplated by
Olsson at the commencement of this Agreement. Olsson shall
notify Client of the newly discovered conditions or
circumstances and Client and Olsson shall renegotiate, in good
faith, the compensation for this Agreement, if amended terms
cannot be agreed upon, Olsson may terminate this Agreement
and Olsson shall be paid for its services through the date of
termination.
2.2.5 Providing renderings or models.
2.2.6 Preparing documents for alternate bids
requested by Client.
2.2.7 Analysis of operations, maintenance or
overhead expenses; value engineering; the preparation of rate
schedules; earnings or expense statements; cash flow or
economic evaluations or; feasibility studies, appraisals or
valuations.
2.2.8 Furnishing the services of independent
professional associates or consultants for work beyond the
Scope of Services.
2.2.9 Services necessary due to the Client’s award of
more than one prime contract for the Project(s); services
necessary due to the construction contract containing cost plus
or incentive-savings provisions; services necessary in order to
arrange for performance by persons other than the prime
contractor; or those services necessary to administer Client’s
contract(s).
2.2.10 Services in connection with staking out the work
of contractor(s).
2.2.11 Services during out-of-town travel or visits to the
site beyond those specifically identified in this Agreement.
2.2.12 Preparation of operating and maintenance
manuals.
2.2.13 Services to redesign some or all of the
Project(s).
2.2.14 Preparing to serve or serving as a consultant or
witness or assisting Client with any litigation, arbitration or other
legal or administrative proceeding.
2.2.15 Services relating to Construction Observation,
Certification, Inspection, Construction Cost Estimating, project
observation, construction management, construction
scheduling, construction phasing or review of Contractor's
performance means or methods.
2.3 Whenever, in its sole discretion, Olsson determines
additional services as set forth in this Section 2.3 are necessary
to avoid a delay in the completion of the Project(s) (“Necessary
Additional Services”), Olsson shall perform or obtain from others
such services without waiting for specific instructions from
Client, and Olsson will be entitled to an increase in
compensation for such services at the standard hourly billing
rate charged for those employees performing the services, plus
reimbursable expenses, if any:
2.3.1 Services in connection with work directive
changes and/or change orders directed by the Client to any
contractors.
2.3.2 Services in making revisions to drawings and
specifications occasioned by the acceptance of substitutions
proposed by contractor(s); services after the award of each
contract in evaluating and determining the acceptability of an
unreasonable or excessive number of substitutions proposed by
contractor(s); or evaluating an unreasonable or extensive
number of claims submitted by contractor(s) or others in
connection with the Project(s).
2.3.3 Services resulting from significant delays,
changes or price increases occurring as a direct or indirect result
of material, equipment or energy shortages.
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2.3.4 Additional or extended services during
construction made necessary by (1) work damaged during
construction, (2) a defective, inefficient or neglected work by any
contractor, (3) acceleration of the progress schedule involving
services beyond normal working hours, or (4) default by any
contractor.
SECTION 3—CLIENT'S RESPONSIBILITIES
3.1. Client shall provide all criteria and full information as to
Client's requirements for the Project(s); designate and identify in
writing a person to act with authority on Client's behalf in respect
of all aspects of the Project(s); examine and respond promptly
to Olsson's submissions; and give prompt written notice to
Olsson whenever Client observes or otherwise becomes aware
of any defect in the Olsson’s services.
3.2 Client agrees to pay Olsson the amounts due for
services rendered and expenses within thirty (30) days after
Olsson has provided its invoice for such services. In the event
Client disputes any invoice item, Client shall give Olsson written
notice of such disputed item within fifteen (15) days after receipt
of such invoice and shall pay to Olsson the undisputed portion of
the invoice according to the provisions hereof. If Client fails to pay
any invoiced amounts when due, interest will accrue on each
unpaid amount at the rate of thirteen percent (13%) per annum
from the date due until paid according to the provisions of this
Agreement. Interest shall not be charged on any disputed invoice
item which is finally resolved in Client’s favor. Payment of interest
shall not excuse or cure any default or delay in payment of
amounts due.
3.2.1 If Client fails to make any payment due Olsson
for services and expenses within thirty (30) days after receipt of
Olsson's statement therefore, Olsson may, after giving seven (7)
days written notice to Client, suspend services to Client under
this Agreement until Olsson has been paid in full all amounts
due for services, expenses and charges and Client will not
obtain any license to any Work Product or be entitled to retain
or use any Work Product pursuant to Section 7.1 unless and
until Olsson has been paid in full and Client has fully satisfied all
of its obligations under this Agreement.
3.3 Payments to Olsson shall not be withheld, postponed
or made contingent on the construction, completion or success
of the Project(s) or upon receipt by the Client of offsetting
reimbursements or credit from other parties who may have
caused the need for additional services. No withholdings,
deductions or offsets shall be made from Olsson’s
compensation for any reason unless and until Olsson has been
found to be legally liable for such amounts.
3.4 Client shall also do the following and pay all costs
incident thereto:
3.4.1 Furnish to Olsson any existing and/or required
borings, probings or subsurface explorations; hydrographic
surveys; laboratory tests or inspections of samples, materials or
equipment; appropriate professional interpretations of any of the
foregoing; environmental assessment and impact statements;
property, boundary, easement, right-of-way, topographic or
utility surveys; property descriptions; and/or zoning or deed
restrictions; all of which Olsson may rely upon in performing
services hereunder.
3.4.2 Guarantee access to and make all provisions for
Olsson to enter upon public and private property reasonably
necessary to perform its services on the Project(s).
3.4.3 Provide such legal, accounting, independent
cost estimating or insurance counseling services as may be
required for the Project(s); any auditing service required in
respect of contractor(s)' applications for payment; and/or any
inspection services to determine if contractor(s) are performing
the work legally.
3.4.4 Provide engineering surveys to establish
reference points for construction unless specifically included in
Olsson’s Scope of Services.
3.4.5 Furnish approvals and permits from all
governmental authorities having jurisdiction over the Project(s).
3.4.6 If more than one prime contractor is to be
awarded the contract for construction, designate a party to have
responsibility and authority for coordinating and interfacing the
activities of the various prime contractors.
3.4.7 All fees and other amounts payable by Client
under this Agreement are exclusive of taxes and similar
assessments. Without limiting the foregoing, Client is
responsible and liable for all sales, service, use, and excise
taxes, and any other similar taxes, duties, and charges of any
kind imposed by any federal, state, county or local governmental
authority on any amounts payable by Client under this
Agreement, other than any taxes imposed on Olsson’s
income. In the event any governmental authority assesses
Olsson for taxes, duties, or charges of any kind in connection
with Scope of Services provided by Olsson to Client, Olsson
shall be entitled to submit an invoice to Client, its successors or
assigns, for the amount of said assessment and related int erest
and penalties. Client shall pay such invoice in accordance with
Olsson’s standard payment terms.
3.5 Client shall pay all costs incident to obtaining bids or
proposals from contractor(s).
3.6 Client shall pay all permit application review costs for
government authorities having jurisdiction over the Project(s).
3.7 Contemporaneously with the execution of this
Agreement, Client shall designate in writing an individual to act
as its duly authorized Project(s) representative.
3.8 Client shall bear sole responsibility for:
3.8.1 Jobsite safety. Neither the professional activities
of Olsson, nor the presence of Olsson or its employees or sub -
consultants at the Project shall impose any duty on Olsson
relating to any health or safety laws, regulations, rules,
programs or procedures.
3.8.2 Notifying third parties including any
governmental agency or prospective purchaser, of the existence
of any hazardous or dangerous materials located in or around
the Project(s) site.
3.8.3 Providing and updating Olsson with accurate
information regarding existing conditions, including the
existence of hazardous or dangerous materials, proposed
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Project(s) site uses, any change in Project(s) plans, and all
subsurface installations, such as pipes, tanks, cables and
utilities within the Project(s) site.
3.8.4 Providing and assuming all responsibility for:
interpretation of contract documents; Construction
Observations; Certifications; Inspections; Construction Cost
Estimating; project observations; construction management;
construction scheduling; construction phasing; and review of
Contractor’s performance, means and methods. Client waives
any claims against Olsson and releases Olsson from liability
relating to or arising out of such services and agrees, to the
fullest extent permitted by law, to indemnify and hold Olsson
harmless from any and all damages, liabilities or costs, including
reasonable attorneys’ fees and defense costs, relating to such
actions and services.
3.9 Client releases Olsson from liability for any incorrect
advice, judgment or decision based on inaccurate information
furnished by Client or others.
3.10 If reasonable precautions will be inadequate to prevent
foreseeable bodily injury or death to persons resulting from a
material or substance, including hazardous materials,
encountered on the site, Olsson may immediately stop work in
the affected area and report the condition to Client. Client shall
be solely responsible for retaining independent consultant(s) to
determine the nature of the material and to abate or remove the
material. Olsson shall not be required to perform any services or
work relating to or in the area of such material until the material
has been removed or rendered harmless and only after
approval, if necessary of the government agency with
jurisdiction.
SECTION 4—MEANING OF TERMS
4.1 The “Cost of Construction” of the entire Project(s)
(herein referred to as "Cost of Construction") means the total
cost to Client of those portions of the entire Project(s) designed
and specified by Olsson, but it will not include Olsson's
compensation and expenses, the cost of land, rights-of-way, or
compensation for or damages to, properties unless this
Agreement so specifies, nor will it include Client's legal,
accounting, insurance counseling or auditing services, or
interest and financing charges incurred in connection with the
Project(s) or the cost of other services to be provided by others
to Client pursuant to Section 3.
4.2 The “Salary Costs”: Used as a basis for payment mean
salaries and wages (base and incentive) paid to all Olsson's
personnel engaged directly on the Project(s), including, but not
limited to, engineers, architects, surveyors, designers,
draftsmen, specification writers, estimators, other technical and
business personnel; plus the cost of customary and statutory
benefits, including, but not limited to, social security
contributions, unemployment, excise and payroll taxes, workers'
compensation, health and retirement benefits, sick leave,
vacation and holiday pay and other group benefits.
4.3 “Certify” or “a Certification”: If included in the Scope of
Services, such services shall be limited to a statement of
Olsson’s opinion, to the best of Olsson’s professional
knowledge, information and belief, based upon its periodic
observations and reasonable review of reports and tests created
by Olsson or provided to Olsson. Olsson shall not be responsible
for constant or exhaustive observation of the work. Client
understands and agrees that any certifications based upon
discrete sampling observations and that such observations
indicate conditions that exist only at the locations and times the
observations were performed. Performance of such observation
services and certification does not constitute a warranty or
guarantee of any type, since even with diligent observation,
some construction defects, deficiencies or omissions in the work
may occur. Olsson shall have no responsibility for the means,
methods, techniques, sequences or procedures selected by the
contractor(s) or for the contractor’s safety precautions and
programs nor for failure by the contractor(s) to comply with any
laws or regulations relating to the performance or furnishing of
any work by the contractor(s). Client shall hold its contractor(s)
solely responsible for the quality and completion of the
Project(s), including construction in accordance with the
construction documents. Any duty under this Agreement is for
the sole benefit of the Client and not for any third party, including
the contractor(s) or any subcontractor(s). Olsson shall sign pre-
printed form certifications only if (a) Olsson approves the form
of such certification prior to the commencement of its services,
(b) such certification is expressly included in the Scope of
Services, (c) the certification is limited to a statement of
professional opinion and does not constitute a warranty or
guarantee, express or implied. It is understood that any
certification by Olsson shall not relieve the Client or the Client’s
contractors of any responsibility or obligation they may have by
industry custom or under any contract.
4.4 “Opinion of Probable Cost”: An opinion of probable
construction cost made by Olsson. In providing opinions of
probable construction cost, it is recognized that neither the
Client nor Olsson has control over the costs of labor, equipment
or materials, or over the contractor’s methods of determining
prices or bidding. The opinion of probable construction costs is
based on Olsson’s reasonable professional judgment and
experience and does not constitute a warranty, express or
implied, that the contractor’s bids or the negotiated price of the
work on the Project(s) will not vary from the Client’s budget or
from any opinion of probable cost prepared by Olsson.
4.5 “Day”: A calendar day of 24 hours. The term “days”
shall mean consecutive calendar days of 24 hours each, or
fraction thereof.
4.6 “Construction Observation”: If included in the Scope of
Services, such services during construction shall be limited to
periodic visual observation and testing of the work to determine
that the observed work generally conforms to the contract
documents. Olsson shall not be responsible for constant or
exhaustive observation of the work. Client understands and
agrees that such visual observations are discrete sampling
procedures and that such procedures indicate conditions that
exist only at the locations and times the observations were
performed. Performance of Construction Observation services
does not constitute a warranty or guarantee of any type, since
even with diligent observation, some construction defects,
deficiencies or omissions in the work may occur. Olsson shall
have no responsibility for the means, methods, techniques,
sequences or procedures selected by the contractor or for the
contractor’s safety precautions and programs nor for failure by
the contractor to comply with any laws or regulations relating to
the performance or furnishing of any work by the contractor.
Client shall hold its contractor(s) solely responsible for the
quality and completion of the Project(s), including construction
in accordance with the construction documents. Any duty under
this Agreement is for the sole benefit of the Client and not for
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any third party, including the contractor or any subcontractor.
Client, or its designees shall notify Olsson at least twenty-four
(24) hours in advance of any field tests and observations
required by the construction documents.
4.7 “Inspect” or “Inspection”: If included in the Scope of
Services, such services shall be limited to the periodic visual
observation of the contractor’s completed work to permit Olsson,
as an experienced and qualified professional, to determine that
the observed work, generally conforms to the contract
documents. Olsson shall not be responsible for constant or
exhaustive observation of the work. Client understands and
agrees that such visual observations are discrete sampling
procedures and that such procedures indicate conditions that
exist only at the locations and times the observations were
performed. Performance of such observation services does not
constitute a warranty or guarantee of any type, since even with
diligent observation, some construction defects, deficiencies or
omissions in the work may occur. Olsson shall have no
responsibility for the means, methods, techniques, sequences
or procedures selected by the contractor(s) or for the
contractor’s safety precautions and programs nor for failure by
the contractor(s) to comply with any laws or regulations relating
to the performance or furnishing of any work by the
contractor(s). Client shall hold its contractor(s) solely
responsible for the quality and completion of the Project(s),
including construction in accordance with the construction
documents. Any duty under this Agreement is for the sole benefit
of the Client and not for any third party, including the
contractor(s) or any subcontractor(s). Client, or its designees,
shall notify Olsson at least twenty-four (24) hours in advance of
any inspections required by the construction documents.
4.8 “Record Documents”: Drawings prepared by Olsson
upon the completion of construction based upon the drawings
and other data furnished to Olsson by the Contractor and others
showing significant changes in the work on the Project(s) made
during construction. Because Record Documents are prepared
based on unverified information provided by others, Olsson
makes no warranty of the accuracy or completeness of the
Record Documents.
SECTION 5—TERMINATION
5.1 Either party may terminate this Agreement, for cause
upon giving the other party not less than seven (7) calendar days
written notice of default for any of the following reasons;
provided, however, that the notified party shall have the same
seven (7) calendar day period in which to cure the default:
5.1.1 Substantial failure by the other party to perform
in accordance with the terms of this Agreement and through no
fault of the terminating party;
5.1.2 Assignment of this Agreement or transfer of the
Project(s) by either party to any other entity without the prior
written consent of the other party;
5.1.3 Suspension of the Project(s) or Olsson’s
services by the Client for more than ninety (90) calendar days,
consecutive or in the aggregate.
5.2 In the event of a “for cause” termination of this
Agreement by either party, the Client shall, within fifteen (15)
calendar days after receiving Olsson’s final invoice, pay Olsson
for all services rendered and all reimbursable costs incurred by
Olsson up to the date of termination, in accordance with the
payment provisions of this Agreement.
5.2.1 In the event of a “for cause” termination of this
Agreement by Client and (a) a final determination of default is
entered against Olsson under Section 6.2 and (b) Client has fully
satisfied all of its obligations under this Agreement, Olsson shall
grant Client a limited license to use the Work Product pursuant
to Section 7.1.
5.3 The Client may terminate this Agreement for the
Client’s convenience and without cause upon giving Olsson not
less than seven (7) calendar days written notice. In the event of
any termination that is not the fault of Olsson, the Client shall
pay Olsson, in addition to payment for services rendered and
reimbursable costs incurred, for all expenses reasonably
incurred by Olsson in connection with the orderly termination of
this Agreement, including but not limited to demobilization,
reassignment of personnel, associated overhead costs, any
fees, costs or expenses incurred by Olsson in preparing or
negotiating any proposals submitted to Client for Olsson’s
Scope of Services or Optional Additional Services under this
Agreement and all other expenses directly resulting from the
termination and a reasonable profit of ten percent (10%) of
Olsson’s actual costs (including overhead) incurred.
SECTION 6—DISPUTE RESOLUTION
6.1. Mediation
6.1.1 All questions in dispute under this Agreement
shall be submitted to mediation. On the written notice of either
party to the other of the election to submit any dispute under this
Agreement to mediation, each party shall designate their
representatives and shall meet within ten (10) days after the
service of the notice. The parties themselves shall then attempt
to resolve the dispute within ten (10) days of meeting.
6.1.2 Should the parties themselves be unable to
agree on a resolution of the dispute, and then the parties shall
appoint a third party who shall be a competent and impartial
party and who shall be acceptable to each party, to mediate the
dispute. Any third party mediator shall be qualified to evaluate
the performance of both of the parties, and shall be familiar with
the design and construction progress. The third party shall meet
to hear the dispute within ten (10) days of their selection and
shall attempt to resolve the dispute within fifteen (15) days of
first meeting.
6.1.3 Each party shall pay the fees and expenses of
the third party mediator and such costs shall be borne equally
by both parties.
6.2 Arbitration or Litigation
6.2.1 Olsson and Client agree that from time to time,
there may be conflicts, disputes and/or disagreements between
them, arising out of or relating to the services of Olsson, the
Project(s), or this Agreement (hereinafter collectively referred to
as “Disputes”) which may not be resolved through mediation.
Therefore, Olsson and Client agree that all Disputes shall be
resolved by binding arbitration or litigation at the sole discretion
and choice of Olsson. If Olsson chooses arbitration, the
arbitration proceeding shall proceed in accordance with the
Construction Industry Arbitration Rules of the AAA.
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6.2.2 Client hereby agrees that Olsson shall have the
right to include Client, by consolidation, joinder or other manner,
in any arbitration or litigation involving Olsson and a
subconsultant or subcontractor of Olsson or Olsson and any
other person or entity, regardless of who originally initiated such
proceedings.
6.2.3 If Olsson chooses arbitration or litigation, either
may be commenced at any time prior to or after completion of
the Project(s), provided that if arbitration or litigation is
commenced prior to the completion of the Project(s), the
obligations of the parties under the terms of this Agreement shall
not be altered by reason of the arbitration or litigation being
conducted. Any arbitration hearings or litigation shall take place
in Lincoln, Nebraska, the location of Olsson’s home office.
6.2.4 Except to the extent prohibited by law, the
prevailing party in any arbitration or litigation relating to any
Dispute shall be entitled to recover from the other party those
reasonable attorney fees, costs and expenses incurred by the
prevailing party in connection with the Dispute. In the event of
a Dispute involving a Claim (as hereinafter defined) against
Olsson, Olsson shall be considered the “prevailing party” if
Client is awarded materially less than the full amount of
damages claimed by the Client in connection with the Dispute.
In all other Disputes, “prevailing party” shall mean the party (if
any) who obtains all, or substantially all, of the relief requested
by that party in connection with the Dispute.
6.3 Certification of Merit
Client agrees that it will not assert any claim, including but not
limited to, professional negligence, negligence, breach of
contract, misconduct, error, omission, fraud, or
misrepresentation (“Claim”) against Olsson, or any Olsson
subconsultant, unless Client has first provided Olsson with a
sworn certificate of merit affidavit setting forth the factual and
legal basis for such Claim (the “Certificate”). The Certificate
shall be executed by an independent engineer (“Certifying
Engineer”) currently licensed and practicing in the jurisdiction of
the Project site. The Certificate must contain: (a) the name and
license number of the Certifying Engineer; (b the qualifications
of the Certifying Engineer, including a list of all publications
authored in the previous 10 years and a list of all cases in which
the Certifying Engineer testified within the previous 4 years ; (c)
a statement by the Certifying Engineer setting forth the factual
basis for the Claim; (d) a statement by the Certifying Engineer
of each and every act, error, or omission that the Certifying
Engineer contends supports the Claim or any alleged violation
of any applicable standard of care; (e) a statement by the
Certifying Engineer of all opinions the Certifying Engineer holds
regarding the Claim or any alleged violation of any applicable
standard of care; (f) a list of every document related to the
Project reviewed by the Certifying Engineer; and (g) a list of
every individual who provided Certifying Engineer with any
information regarding the Project. The Certificate shall be
provided to Olsson not less than thirty (30) days prior to any
arbitration or litigation commenced by Client or not less than ten
(10) days prior to the initial response submitted by Client in any
arbitration or litigation commenced by someone other than
Client. The Certificate is a condition precedent to the right of
Client to assert any Claim in any litigation or arbitration and
Client’s failure to timely provide a Certificate to Olsson will be
grounds for automatic dismissal of the Claim with prejudice. In
any such instance, Olsson shall be entitled to an award of
attorney’s fees, costs, and expenses.
SECTION 7—MISCELLANEOUS
7.1 Reuse of Documents
All documents, including drawings, specifications, reports,
boring logs, maps, field data, data, test results, information,
recommendations, or opinions prepared or furnished by Olsson
(and Olsson's independent professional associates and
consultants) pursuant to this Agreement (“Work Product”), are
all Olsson’s instruments of service, do not constitute goods or
products, and are copyrighted works of Olsson. Olsson shall
retain an ownership and property interest in such Work Product
whether or not the Project(s) is completed. If Client has fully
satisfied all of its obligations under this Agreement, Olsson shall
grant Client a limited license to use the Work Product and Client
may make and retain copies of Work Product for use in
connection with the Project(s); however, such Work Product is
for the exclusive use and benefit of Client or its agents in
connection with the Project(s), are not intended to inform, guide
or otherwise influence any other entities or persons with respect
to any particular business transactions, and should not be relied
upon by any entities or persons other than Client or its agents
for any purpose other than the Project(s). Such Work Product is
not intended or represented to be suitable for reuse by Client or
others on extensions of the Project(s) or on any other Project(s).
Client will not distribute or convey such Work Product to any
other persons or entities without Olsson's prior written consent
which shall include a release of Olsson from liability and
indemnification by the third party. Any reuse of Work Product
without written verification or adaptation by Olsson for the
specific purpose intended will be at Client's sole risk and without
liability or legal exposure to Olsson, or to Olsson's independent
professional associates or consultants, and to the fullest extent
authorized by law, Client shall indemnify and hold harmless
Olsson and Olsson's independent professional associates and
consultants from all claims, damages, losses and expenses
including attorneys' fees arising out of or resulting therefrom.
Any such verification or adaptation of Work Product will entitle
Olsson to further compensation at rates to be agreed upon by
Client and Olsson.
7.2 Electronic Files
By accepting and utilizing any electronic file of any Work Product
or other data transmitted by Olsson, the Client agrees for itself,
its successors, assigns, insurers and all those claiming under or
through it, that by using any of the information contained in the
attached electronic file, all users agree to be bound by the
following terms. All of the information contained in any electronic
file is the work product and instrument of service of Olsson, who
shall be deemed the author, and shall retain all common law,
statutory law and other rights, including copyrights, unless the
same have previously been transferred in writing to the Client.
The information contained in any electronic file is provided for
the convenience to the Client and is provided in “as is” condition.
The Client is aware that differences may exist between the
electronic files transferred and the printed hard-copy original
signed and stamped drawings or reports. In the event of a
conflict between the signed original documents prepared by
Olsson and the electronic files, which may be transferred, the
signed and sealed original documents shall govern. Olsson
specifically disclaims all warranties, expressed or implied,
including without limitation, and any warranty of merchantability
or fitness for a particular purpose with respect to any electronic
files. It shall be Client’s responsibility to confirm the accuracy of
the information contained in the electronic file and that it
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accurately reflects the information needed by the Client. Client
shall not retransmit any electronic files, or any portion thereof,
without including this disclaimer as part of any such
transmissions. In addition, Client agrees, to the fullest extent
permitted by law, to indemnify and hold harmless Olsson, its
officers, directors, employees and sub consultants against any
and all damages, liabilities, claims or costs, including
reasonable attorney’s and expert witness fees and defense
costs, arising from any changes made by anyone other than
Olsson or from any reuse of the electronic files without the prior
written consent of Olsson.
7.3 Opinion of Probable Cost
Since Olsson has no control over the cost of labor, materials,
equipment or services furnished by others, or over the
contractor(s)' methods of determining prices, or over competitive
bidding or market conditions, Olsson's Opinion of Probable Cost
provided for herein is made on the basis of Olsson's experience
and qualifications and represent Olsson's best judgment as an
experienced and qualified professional engineer, familiar with
the construction industry. Client acknowledges and agrees that
Olsson cannot and does not guarantee proposals or bids and
that actual total Project(s) or construction costs may reasonably
vary from Olsson’s Opinion of Probable Cost. If prior to the
bidding or negotiating phase Client wishes greater assurance as
to total Project(s) or construction costs, Client shall employ an
independent cost estimator as provided in paragraph 3.4.3. If
Olsson’s Opinion of Probable Cost was performed in
accordance with its standard of care and was reasonable under
the total circumstances, any services performed by Olsson to
modify the contract documents to bring the construction cost
within any limitation established by Client will be considered
Optional Additional Services and paid for as such by Client. If,
however, Olsson’s Opinion of Probable Cost was not performed
in accordance with its standard of care and was unreasonable
under the total circumstances and the lowest negotiated bid for
construction of the Project(s) unreasonably exceeds Olsson's
Opinion of Probable Cost, Olsson shall modify its work as
necessary to adjust the Project(s)’ size, and/or quality to
reasonably comply with the Client’s budget at no additional cost
to Client. Under such circumstances, Olsson’s modification of its
work at no cost shall be the limit of Olsson’s respons ibility with
regard to any unreasonable Opinion of Probable Cost.
7.4 Prevailing Wages
It is Client's responsibility to determine whether the Project(s) is
covered under any prevailing wage regulations. Unless Client
specifically informs Olsson in writing that the Project(s) is a
prevailing wage project and is identified as such in the Scope of
Services. To the fullest extent authorize by law, Client agrees to
reimburse Olsson and to defend, indemnify and hold harmless
Olsson from and against any liability, including costs, fines and
attorneys' fees, resulting from a subsequent determination that
the Project(s) was covered under any prevailing wage
regulations.
7.5 Samples
All material testing samples shall remain the property of the
Client. If appropriate, Olsson shall preserve samples obtained
no longer than forty-five (45) days after the issuance of any
document that includes the data obtained from those samples.
After that date, Olsson may dispose of the samples or return
them to Client at Client's cost.
7.6 Standard of Care
Olsson will strive to perform its services in a manner consistent
with that level of care and skill ordinarily exercised by members
of Olsson’s profession providing similar services in the same
locality under similar circumstances at the time Olsson’s
services are performed. This Agreement creates no other
representation, warranty or guarantee, express or implied.
7.7 Force Majeure
Any delay in the performance of any of the duties or obligations
of either party hereto (except the payment of money) shall not
be considered a breach of this Agreement and the time required
for performance shall be extended for a period equal to the
period of such delay, provided that such delay has been caused
by or is the result of any acts of God, acts of the public enemy,
insurrections, riots, embargoes, labor disputes, including strikes,
lockouts, job actions, boycotts, fires, explosions, floods,
shortages of material or energy, or other unforeseeable causes
beyond the control and without the fault or negligence of the
party so affected. The affected party shall give prompt notice to
the other party of such cause, and shall take promptly whatever
reasonable steps are necessary to relieve the effect of such
cause.
7.8 Equal Employment Opportunity
Olsson and any sub-consultant or subcontractor shall abide by
the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60-
741.5(a). These regulations prohibit discrimination against
qualified individuals based on their status as protected veterans
or individuals with disabilities, and prohibit discrimination against
all individuals based on their race, color, religion, sex, sexual
orientation, gender identity or national origin. Moreover, these
regulations require that covered prime contractors and
subcontractors take affirmative action to employ and advance in
employment individuals without regard to race, color, religion,
sex, sexual orientation, gender identity, national origin, disability
or veteran status.
7.9 Confidentiality
In performing this Agreement, the parties may disclose to each
other written, oral, electronic, graphic, machine-readable,
tangible or intangible, non-public, confidential or proprietary data
or information in any form or medium, including but not limited
to: (1) information of a business, planning, marketing,
conceptual, design, or technical nature; (2) models, tools,
hardware, software or source code; and (3) any documents,
videos, photographs, audio files, data, studies, reports,
flowcharts, works in progress, memoranda, notes, files or
analyses that contain, summarize or are based upon any non-
public, proprietary or confidential information (hereafter referred
to as the "Information"). The Information is not required to be
marked as confidential.
7.9.1 Therefore, Olsson and Client agree that the
party receiving Information from the other party to this
Agreement (the “Receiving Party”) shall keep Information
confidential and not use the Information in any manner other
than in the performance of this Agreement without prior written
approval of the party disclosing Information (the “Disclosing
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Party”) unless Client is a public entity and the release of
Information is required by law or legal process.
7.9.2 Prior to the start of construction on the Project,
the existence of discussions between the parties, the purpose
of this Agreement, and this Agreement shall be considered
Information subject to the confidentiality provisions of this
Agreement.
7.9.3 Notwithstanding anything to the contrary herein,
the Receiving Party shall have no obligation to preserve the
confidentiality of any Information which:
7.9.3.1 was previously known to the Receiving
Party free of any obligation to keep it confidential; or
7.9.3.2 is or becomes publicly available by other
than unauthorized disclosures; or
7.9.3.3 is independently developed by the
Receiving Party without a breach of this Agreement; or
7.9.3.4 is disclosed to third parties by the
Disclosing Party without restrictions; or
7.9.3.5 is received from a third party not subject to
any confidentiality obligations.
7.9.4 In the event that the Receiving Party is required
by law or legal process to disclose any of Information of the
Disclosing Party, the Receiving Party required to disclose such
Information shall provide the Disclosing Party with prompt oral
and written notice, unless notice is prohibited by law (in which
case such notice shall be provided as early as may be legally
permissible), of any such requirement so that the Disclosing
Party may seek a protective order or other appropriate remedy.
7.9.5 Notwithstanding anything to the contrary herein
(or to the contrary of any existing or future nondisclosure,
confidentiality or similar agreement between the parties), Olsson
is authorized, to use, display, reproduce, publish, transmit, and
distribute Information (including, but not limited to, videos and
photographs of the Project) on and in any and all formats and
media (including, but not limited to, Olsson’s internet website)
throughout the world and in all languages in connection with or
in any manner relating to the marketing, advertising, selling,
qualifying, proposing, commercializing, and promotion of Olsson
and/or its services and business and in connection with any
other lawful purpose of Olsson. In the event of any conflict or
inconsistency between the provisions of this section and any
other prior or future nondisclosure, confidentiality or similar
agreement between the parties, the terms of this section shall
take precedence.
7.9.6 Nothing contained in this Agreement shall be
construed as altering any rights that the Disclosing Party has in
the Information exchanged with or disclosed to the Receiving
Party, and upon request, the Receiving Party will return all
Information received in tangible form to the Disclosing Party, or
at the Receiving Party’s option, destroy all such Information. If
the Receiving Party exercises its option to destroy the
Information, the Receiving Party shall certify such destruction to
the Disclosing Party.
7.9.7 The parties acknowledge that disclosure or use
of Information in violation of this Agreement could cause
irreparable harm for which monetary damages may be difficult
to ascertain or constitute an inadequate remedy. Each party
therefore agrees that the Disclosing Party shall be entitled in
addition to its other rights to seek injunctive relief for any
violation of this Agreement.
7.9.8 The obligations of confidentiality set forth herein
shall survive termination of this Agreement but shall only remain
in effect for a period of one (1) year from the date the Information
is first disclosed.
7.10 Damage or Injury to Subterranean Structures or
Utilities, Hazardous Materials, Pollution and Contamination
7.10.1 To the extent that work pursuant to this
Agreement requires any sampling, boring, excavation, ditching
or other disruption of the soil or subsurface at the Site, Olsson
shall confer with Client prior to such activity and Client will be
responsible for identifying, locating and marking, as necessary,
any private subterranean structures or utilities and Olsson shall
be responsible for arranging investigation of public subterranean
structures or utilities through an appropriate utility one-call
provider. Thereafter, Olsson shall take all reasonable
precautions to avoid damage or injury to subterranean
structures or utilities which were identified by Client or the one-
call provider. Olsson shall not be responsible for any damage,
liability or costs, for any property damage, injury or economic
loss arising or allegedly arising from damages to subterranean
structures or utilities caused by subsurface penetrations in
locations approved by Client and/or the one call provider or not
correctly shown on any plans, drawings or utility clearance
provided to Olsson, except for damages caused by the
negligence of Olsson in the use of such information.
7.10.2 It is understood and agreed that any assistance
Olsson may provide Client in the disposal of waste materials
shall not result in Olsson being deemed as a generator,
arranger, transporter or disposer of hazardous materials or
hazardous waste as defined under any law or regulation. Title to
all samples and waste materials remains with Client, and at no
time shall Olsson take title to the above material. Client may
authorize Olsson to execute Hazardous Waste Manifest, Bill of
Lading or other forms as agent of Client. If Client requests
Olsson to execute such documents as its agent, the Hazardous
Waste Manifest, Bill of Lading or other similar documents shall
be completed in the name of the Client. To the fullest extent
authorized by law, Client agrees to indemnify and hold Olsson
harmless from any and all claims that Olsson is a generator,
arranger, transporter, or disposer of hazardous waste as a result
of any actions of Olsson, including, but not limited to, Olsson
signing a Hazardous Waste Manifest, Bill of Lading or other form
on behalf of Client.
7.10.3 At any time, Olsson can request in writing that
Client remove samples, cuttings and hazardous substances
generated by the Project(s) from the project site or other
location. Client shall promptly comply with such request, and
pay and be responsible for the removal and lawful disposal of
samples, cuttings and hazardous substances, unless other
arrangements are mutually agreed upon in writing.
7.10.4 To the fullest extent authorized by law, Client
shall release Olsson of any liability for, and shall defend and
indemnify Olsson against any and all claims, liability and
expense resulting from operations under this Agreement on
account of injury to, destruction of, or loss or impairment of any
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property right in or to oil, gas, or other mineral substance or
water, if at the time of the act or omission causing such injury,
destruction, loss or impairment, said substance had not been
reduced to physical possession above the surface of the earth,
and for any loss or damage to any formation, strata, reservoir
beneath the surface of the earth.
7.10.5 Notwithstanding anything to the contrary
contained herein, it is understood and agreed by and between
Olsson and Client that the responsibility for pollution and
contamination shall be as follows:
7.10.5.1 Unless otherwise provided herein, Client
shall assume all responsibility for, including control and removal
of, and protect, defend and save harmless Olsson from and
against all claims, demands and causes of action of every kind
and character arising from pollution or contamination (including
naturally occurring radioactive material) which originates above
the surface of the land or water from spills of fuels, lubricants,
motor oils, pipe dope, paints, solvents, ballast, bilge and
garbage, except unavoidable pollution from reserve pits, wholly
in Olsson’s possession and control and directly associated with
Olsson’s equipment.
7.10.5.2 In the event a third party commits an act or
omission which results in pollution or contamination for which
either Olsson or Client, for whom such party is performing work,
is held to be legally liable, the responsibility therefore shall be
considered as between Olsson and Client, to be the same as if
the party for whom the work was performed had performed the
same and all of the obligations regarding defense, indemnity,
holding harmless and limitation of responsibility and liability, as
set forth herein, shall be specifically applied.
7.11 Controlling Law and Venue
The parties agree that this Agreement and any legal actions
concerning its validity, interpretation or performance shall be
governed by the laws of the State of Nebraska. It is further
agreed that any legal action between the parties arising out of
this Agreement or the performance of services shall be brought
in a court of competent jurisdiction in Nebraska.
7.12 Subconsultants
Olsson may utilize as necessary in its discretion subconsultants
and other subcontractors. Olsson will be paid for all services
rendered by its subconsultants and other subconsultants as set
forth in this Agreement.
7.13 Assignment
7.13.1 Client and Olsson each are hereby bound and
the partners, successors, executors, administrators and legal
representatives of Client and Olsson (and to the extent
permitted by paragraph 7.13.2 the assigns of Client and Olsson)
are hereby bound to the other party to this Agreement and to the
partners, successors, executors, administrators and legal
representatives (and said assigns) of such other party, in
respect of all covenants, agreements and obligations of this
Agreement.
7.13.2 Neither Client nor Olsson shall assign, sublet or
transfer any rights under or interest in (including, but without
limitation, moneys that may become due or moneys that are
due) this Agreement without the written consent of the other,
except to the extent that any assignment, subletting or transfer
is mandated by law or the effect of this limitation may be
restricted by law. Unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this
Agreement. Nothing contained in this paragraph shall prevent
Olsson from employing such subconsultants and other
subcontractors as Olsson may deem appropriate to assist in the
performance of services under this Agreement.
7.13.3 Nothing under this Agreement shall be
construed to give any rights or benefits in this Agreement to
anyone other than Client and Olsson, and all duties and
responsibilities undertaken pursuant to this Agreement will be
for the sole and exclusive benefit of Client and Olsson and not
for the benefit of any other party. There are no third-party
beneficiaries of this Agreement.
7.14 Indemnity
Olsson and Client mutually agree, to the fullest extent permitted
by law, to indemnify and hold each other harmless from any and
all damages, liabilities or costs, including reasonable attorneys’
fees and defense costs, relating to third party personal injury or
third party property damage and arising from their own negligent
acts, errors or omissions in the performance of their services
under this Agreement, but only to the extent that each party is
responsible for such damages, liabilities or costs on a
comparative basis of fault.
7.15 Limitation on Damages
7.15.1 Notwithstanding any other provision of this
Agreement, and to the fullest extent permitted by law, neither
party’s individual employees, principals, officers or directors
shall be subject to personal liability or damages arising out of or
connected in any way to the Project(s) or to this Agreement.
7.15.2 Notwithstanding any other provision of this
Agreement, and to the fullest extent permitted by law, neither
Client nor Olsson, their respective officers, directors, partners,
employees, contractors or subconsultants shall be liable to the
other or shall make any claim for any delay damages, any
punitive damages or any incidental, indirect or consequential
damages arising out of or connected in any way to the Project(s)
or to this Agreement. This mutual waiver of delay damages and
consequential damages shall include, but is not limited to,
disruptions, accelerations, inefficiencies, increased construction
costs, increased home office overhead, loss of use, loss of profit,
loss of business, loss of income, loss of reputation or any other
delay or consequential damages that either party may have
incurred from any cause of action including, but not limited to,
negligence, statutory violations, misrepresentation, fraud,
deceptive trade practices, breach of fiduciary duties, strict
liability, breach of contract and/or breach of strict or implied
warranty. Both the Client and Olsson shall require similar
waivers of consequential damages protecting all the entities or
persons named herein in all contracts and subcontracts with
others involved in the Project(s).
7.15.3 Notwithstanding any other provision of this
Agreement, Client agrees that, to the fullest extent permitted by
law, Olsson’s total liability to the Client for any and all injuries,
claims, losses, expenses, damages, or claims expenses of any
kind arising from any services provided by or through Olsson
under this Agreement, shall not exceed the amount of Olsson’s
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fee earned under this Agreement. Client acknowledges that
such causes include, but are not limited to, negligence, statutory
violations, misrepresentation, fraud, deceptive trade practices,
breach of fiduciary duties, strict liability, breach of contract
and/or breach of strict or implied warranty. This limitation of
liability shall apply to all phases of Olsson’s services performed
in connection with the Project(s), whether subsequent to or prior
to the execution of this Agreement.
7.16 Entire Agreement/Severability
This Agreement supersedes all prior communications,
understandings and agreements, whether oral or written.
Amendments to this Agreement must be in writing and signed
by the Client and Olsson. If any part of this Agreement is found
to conflict with applicable law, such part alone shall be null and
void and considered stricken, but the remainder of this
Agreement shall be given full force and effect.
General Provisions Updated: 06/06/2024
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SCOPE OF SERVICES
This exhibit is hereby attached to and made a part of the Letter Agreement for Professional
Services dated May 16, 2024 between Town of Prosper, Texas (“Client”) and Olsson, Inc. dba
Olsson Studio (“Olsson”) providing for professional services. Olsson’s Scope of Services for the
Agreement is indicated below.
PROJECT DESCRIPTION AND LOCATION
Project will be located at: Prosper, Texas
Project Description: Downtown Monumentation
SCOPE OF SERVICES
Olsson shall provide the following services (Scope of Services) to Client for the Project:
Phase 100 – Discovery
Olsson will provide Project management coordination, quality/cost control, information
coordination, and maintain Project schedules. Project site is outlined in the attached
Exhibit A.
Olsson will attend one (1) kick-off meeting with Client’s Project management team to
define expectations and clarify Project goals. Olsson will review Project scope, schedule,
and Stakeholder Committee makeup and responsibilities.
Following Project kick-off, Client will provide Olsson with existing conditions data,
including:
• GIS data (parcels, Town boundary, aerial imagery, utility infrastructure, street
centerlines, transit routes/stops, bicycle lanes, sidewalks, trails, roadways, street
classifications/typology, edge of pavement, public right-of-way, parking lots,
building footprints, et cetera)
• Survey data and past streetscape construction documents.
Olsson will review available information provided by Client and will assemble a base
map for required plan documents. Client shall provide current and accurate base
information to Olsson.
Meetings
Olsson shall attend the following meetings:
• One (1) virtual kick-off meeting
Work Products: Meeting notes and memorandums, as needed
Phase 100 Fee: $5,400.00
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Phase 200 – Design Generation and Engagement
Olsson will coordinate and facilitate a three (3)-day in-person monumentation design
charrette with Client’s stakeholder committee. The goal of this event is to develop a
monumentation master plan and a family of signs.
Collaborative Design Programming Workshop
During the first day, Olsson will lead stakeholders through a half-day exploration and
verification of the type of monumentation. Project design team will go through a
programming session to discuss the process of ‘Why’, ‘What’, and ‘Where’ to help
determine types of elements needed.
Based on feedback received, Olsson will prepare concept designs that explore design
solutions, addressing wayfinding, iconography, size, and character aesthetics.
Depending upon feedback, potential family of monument element concepts will include
primary, secondary, gateway monument, wayfinding, and iconic art piece. Designs will
consider materials, overall site, pedestrians, appropriateness of materials / massing,
contextual fit, themes, and reinforcement of pedestrian scale. Olsson will prepare hand-
drawn concepts and elevations.
On the second day, design charrette will include a half-day stakeholder workshop to
review concept sketches generated from the programming session. Client will provide
feedback for sketches to be finalized. Pros and cons of each concept will be discussed
with regard to cost, maintenance, and implementation.
On the third day, updated monument concepts will be presented to the stakeholder
committee. Concept designs will incorporate feedback from previous workshop sessions
and will consider appropriate materials to fit within the Project site.
Meetings
Olsson will attend the following meetings:
• Three (3)-day in-person charette meeting
Work Products: Monumentation master plan, concept designs; and meeting notes and
memorandums, as needed
Phase 200 Fee: $32,800.00
Phase 300 – Final Concept Design
Olsson will incorporate feedback from the charrette to produce final conceptual designs
for proposed monuments. Olsson will generate three (3)-dimensional color-rendered
graphic views of monumentation masterplan elements using SketchUp, Lumion, and
Adobe Photoshop software.
Monumentation Plan Presentation
Olsson shall meet with Client to review final monumentation masterplan and proposed
elements. Depending upon feedback, potential elements will include primary, secondary,
gateway monument, wayfinding, and iconic art piece.
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Opinion of Probably Costs
Olsson shall provide a magnitude of cost based upon the selected master plan
elements.
Meetings
Olsson will attend the following meetings:
• Attendance at one (1) virtual Client review meeting
Work Products: Final concept design master plan and three (3)-dimensional
renderings, opinion of probable cost; and meeting notes and memorandums, as needed
Phase 300 Fee: $24,700.00
Phase 900 – Expenses
Includes all Project related reimbursable expenses, as defined in the Reimbursable
Expense Schedule attached to this Agreement.
Phase 900 Fee: Estimated $3,600.00
TOTAL PROJECT FEE: $62,900.00
+Reimbursable Expenses
ADDITIONAL SERVICES
Upon Client’s request, Olsson shall provide the following services under a separate Agreement:
Phase 400 – Construction Documents
Based upon final concept designs and opinion of probable cost, Client will provide
written feedback and direction for which monumentation elements to proceed with.
Olsson shall prepare three (3) submittals of construction documents for Client-selected
monument elements at the 60 percent, 90 percent, and 100 percent completion
construction documents.
Demolition Plan will be prepared for removal of existing hardscape material.
Hardscape Plan will layout proposed monument elements in relation to existing
buildings, street parking, and intersection right of way. Horizontal dimensions will be
included for construction staking purposes. Hardscape construction specifications will be
included.
Monument Details will include construction elevation and detailing for the selected
family of monument elements. Structural engineering and lighting design of the
monuments is included. Potential elements to include:
• Gateway monument
• Primary monument
• Secondary monument
• Wayfinding monument
• Iconic monument
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Work Products: Demolition plan, hardscape plan, monument details, amenities, and
lighting construction documents, specifications; and meeting notes and memorandums,
as needed
Estimated Total Phase 400 Fee: $47,000 to $68,000.00
Phase 500 – Construction Administration Services
Olsson will provide contract negotiation / procurement services, including but not limited
to, bidding assistance including responding to Client’s Contractors’ questions submitted
through Client, and providing clarifications to construction documents. Olsson will review
shop drawings and submittals from Client’s Contractors for conformance to the contract
documents. Olsson will review and submit necessary RFI’s, ASI’s, and PCO’s for
conformance to contract documents and Project work completed. All information shall be
submitted to Olsson through Client.
Installation Observation and Construction Meetings
Olsson shall observe construction pertaining to hardscape and monument signage
construction documents listed within this Scope of Services. Olsson will visit the Project
site for review of construction and for construction progress meetings. Olsson shall
provide a final site observation to produce punch lists for hardscape and monument
signage construction documents listed within this Scope of Services. Olsson will
coordinate punch list requirements with Client’s Contractor, prior to Project substantial
completion.
Phase 500 Fee: $Hourly
ASSUMPTIONS
• GIS and Base map material will be provided by Client to Olsson
EXCLUSIONS
• Boundary and topographic survey
• Geotechnical services
• Environmental studies
• Dry utility coordination
• Stormwater drainage memo
• Public improvement stormwater drainage plans
• Traffic impact study / traffic signal design
• Flood study
• Mechanical / electrical / plumbing engineering plans
• Additional as-built drawings / certifications
• Construction staking
• Survey services
• Photometric study
• TX DOT and State of Texas Coordination
• Architectural and structural building design
• Wi-Fi and communication design
• MEP and structural engineering, including electrical circuiting of low voltage lighting and
photometric plan.
• Water utility plan
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• Music/sound systems and security/emergency system
• Additional coordination and revisions outside of the Scope of Services described above
• Additional coordination, Project delays, extensions, and revisions
• Value engineering revisions
• Six (6)- and twelve (12)-month review of Project site after construction
• Permitting and submittal fees
• Title policy
• Post-construction survey
• Pot-holing existing utilities
• Design of additional significant architectural features (towers, stage canopy, enclosed
pavilions, open air buildings, et cetera)
Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for
such additional services (Optional Additional Services) at the standard hourly billing labor rate
charged for those employees actually performing the work, plus reimbursable expenses if any.
Olsson shall not commence work on Optional Additional Services without Client’s prior written
approval.
Olsson agrees to provide all of its services in a timely, competent and professional manner, in
accordance with applicable standards of care, for projects of similar geographic location, quality
and scope.
Page 78
Item 7.
Eff. 01/2024 Page 1 of 1
REIMBURSABLE EXPENSE SCHEDULE
The expenses incurred by Olsson or Olsson's independent professional associates or consultants
directly or indirectly in connection with the Project shall be included in periodic billing as follows:
Classification Cost
Automobiles (Personal Vehicle) $0.67/mile*
Suburban’s and Pick-Ups $0.75/mile*
Automobiles (Olsson Vehicle) $95.00/day
Other Travel or Lodging Cost Actual Cost
Meals Actual Cost
Printing and Duplication including Mylars and Linens
In-House Actual Cost
Outside Actual Cost+10%
Postage & Shipping Charges for Project Related Materials
including Express Mail and Special Delivery Actual Cost
Film and Photo Developing Actual Cost+10%
Telephone and Fax Transmissions Actual Cost+10%
Miscellaneous Materials & Supplies Applicable to this Project Actual Cost+10%
Copies of Deeds, Easements or other Project Related Documents Actual Cost+10%
Fees for Applications or Permits Actual Cost+10%
Sub-Consultants Actual Cost+10%
Taxes Levied on Services and Reimbursable Expenses Actual Cost
*Rates consistent with the IRS Mileage Rate Reimbursement Guidelines (Subject to Change).
Page 79
Item 7.
Page 1 of 1
EXHIBIT A
Page 80
Item 7.
Agenda Item 9.
Consider and act upon authorizing the Town Manager to execute
an Agreement for Professional Services between the Town of
Prosper and Olsson Studio related to design of monumentation in
Downtown Prosper for an amount not to exceed $66,500. (RB)
Page 81
Item 7.
Proposal Details from Olsson Studios
Phase 1 - Discovery
•Kickoff Meeting with Town staff
•Data collection (GIS data, Utility Infrastructure, Survey Data)
Phase 2 - Design Generation and Engagement
•Three in-person design charrette meetings with DTAC
•Deliverables: Monumentation Master Plan, Initial Concept Designs
Page 82
Item 7.
Proposal Details from Olsson Studios
Phase 3 – Final Concept Design
•Monumentation Plan Presentation
•Deliverables:
•Final Concept Design Master Plan
•Opinion of Probable Costs
•3-D color renderings
Phase 1-3 Project Fee $62,900
Reimbursable Expenses $3,600
Total $66,500
Page 83
Item 7.
Next Steps:
•DTAC Recommendation on Olsson Studios Proposal
•Town Council approval of Agreement
•Schedule Kickoff Meeting with Staff
•Schedule Design Charette with DTAC, Preferably 3 consecutive days:
•Meeting 1: 4 hours
•Meeting 2: 2 hours
•Meeting 3: 2 hours
Page 84
Item 7.
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: Subject – Lakewood Park Phase II Playground Cost Increase
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon approval of a supplemental BuyBoard Contract Purchase Order with
GameTime c/o Cunningham Recreation to cover cost increases in the amount of $43,511 for an
amount not to exceed $173,625 related to playground installation at Lakewood Park.
Description of Agenda Item:
The actual playground equipment for Phase II of Lakewood Park was purchased in October of
2022 and has been stored by the vendor until the park site is ready for installation. The total
amount for the project in 2022 was estimated at 131,000. Since that time, infrastructure items
such as safety surfacing, subbase, and drainage costs have increased considerably and the
BuyBoard amounts for the items yet to be purchased have increased by $43,511.
The total being spent for the playground and infrastructure will be $57,225 for the equipment (from
the first PO) plus an additional $116,399.52 to finish the project for a grand total of $173,625.
Budget Impact:
The increased costs for surfacing and installation, plus the addition of a drainage system total
$43,511. Funding for this Buy Board Contract Purchase Order is available in project account
750-6610-10-00-2107-PK.
Attached Documents:
1. Updated Buy Board quote for surfacing, increased equipment installation costs, and adding a
drainage system.
Town Staff Recommendation:
Town staff recommends the Town Council approve a supplemental BuyBoard Contract Purchase
Order with GameTime c/o Cunningham Recreation to cover cost increases in the amount of
$43,511 for an amount not to exceed $173,625 related to playground installation at Lakewood
Park.
PARKS AND RECREATION
Page 85
Item 8.
Page 2 of 2
Proposed Motion:
I move to approve a supplemental BuyBoard Contract Purchase Order with GameTime c/o
Cunningham Recreation to cover cost increases in the amount of $43,511 for an amount not to
exceed $173,625 related to playground installation at Lakewood Park.
Page 86
Item 8.
Town of Prosper
Attn: Paul Naughton
250 W. First Street
Prosper, TX 75078
Phone: 972-569-1160
paul_naughton@prospertx.gov
Ship to Zip 75078
Quantity Part #Description Unit Price Amount
3186 POURED GT-Impax - Poured in Place Rubber Safety Surfacing (SF)-
Area: 3,186 Sq.Ft.
Materials: (50% Standard Color / 50% Black)
Depth: 2.5" for 5’ CFH
Freight to Site
Installa on of Rubber Surfacing Only
$19.82 $63,146.52
1 INSTALL MISC - Installation of Equipment on GameTime Order #2278034 $21,514.00 $21,514.00
1 INSTALL MISC - Provision of the Sub-Base and Berm-
Includes:
- Provision and installation of 1' to Grade Concrete ramp/Berm
- 3,186 SF of compacted stone sub-base
All grading, site work, sidewalks and concrete curbs by others.
$27,436.00 $27,436.00
1 INSTALL MISC - Provision and Installation of Drainage to Daylight $4,303.00 $4,303.00
Contract: Buy Board Contract #679-22 Sub Total $116,399.52
Total $116,399.52
Comments
* Site must be clear, level, free of obstructions, and accessible. Site should permit installation equipment access.
Purchaser shall be responsible for unknown conditions such as buried utilities, tree stumps, bedrock or any
concealed materials or conditions that may result in additional costs.
TERMS & CONDITIONS:
PRICING: Due to volitile economic demand, pricing is valid for 30 days. Pricing is subject to change. Request updated pricing
when purchasing from quotes more than 30 days old.
PAYMENT TERMS: Net 30 days subject to approval by Credit Manager. A signed P.O. made out to Cunningham Recreation or this signed
quotation is required for all orders unless otherwise noted. Equipment shall be invoiced separately from other services and shall be payable
in advance of those services and project completion. Checks should be made payable to Cunningham Recreation unless otherwise
directed. Any order exceeding $300,000 will require progress payments during the course of completion.
FINANCE CHARGE: A 1.5% monthly finance charge (or as permitted by law) will be added to invoices over 30 days past due.
TAXES: Taxes will be be shown as a separate line item when included. Any applicable taxes not shown will be added to final invoice. A copy
of your tax exemption certificate must be submitted at time of order or taxes will be added to your invoice.
SHIPMENT: Multiple shipments may be required based on point of origin. Above costs assume one shipment for each vendor quoted.
LEAD TIME: Standard orders ship 10-12 weeks after receipt of order and acceptance of your purchase order, color selections, approved
submittals (if required) unless otherwise noted. Custom equipment and shades may require a longer lead times. Surfacing lead time is
approximately 2 weeks after scheduling request.
DELIVERY: It is the responsibility of the owner to offload and inventory equipment, unless other arrangements have been made. Missing or
damaged equipment must be reported within 60 days of acceptance of delivery.
GameTime c/o Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
800.438.2780
704.525.7356 FAX
05/08/2024
Quote #
101595-02-03
Lakewood Park - Surfacing and Installation (Revised)
Page 1 of 3
Page 87
Item 8.
INSTALLATION CONDITIONS:
ACCESS: Site should be clear, level and allow for unrestricted access of trucks and machinery.
STORAGE: Customer is responsible for providing a secure location to off-load and store the equipment during the installation process.
Once equipment has delivered to the site, the owner is responsible should theft or vandalism occur unless other arrangements are made
and noted on the quotation.
FOOTER EXCAVATION: Installation pricing is based on footer excavation through earth/soil only. Customer shall be responsible for
unknown conditions such as buried utilities (public & private), tree stumps, rock, or any concealed materials or conditions that may result in
additional labor or materials cost.
UTILITIES: Installer will contact 811 to locate all public utilities prior to layout and excavation of any footer holes. Owner is responsible for
locating any private utilities.
ADDITIONAL COSTS: Pricing is based on a single mobilization for installation unless otherwise noted. Price includes ONLY what is stated
in this quotation. If additional site work or specialized equipment is required, pricing is subject to change.
ACCEPTANCE OF QUOTATION:
Acceptance of this proposal indicates your agreement to the terms and conditions stated herein.
Accepted By (printed): _________________________________ Title: ________________________________
Telephone: __________________________________________ Fax: ________________________________
P.O. Number:_________________________________________ Date: _______________________________
Purchase Amount: $116,399.52
SALES TAX EXEMPTION CERTIFICATE #:___________________________
(PLEASE PROVIDE A COPY OF CERTIFICATE)
_______________________________________________ ____________________________________________
Salesperson's Signature Customer Signature
GameTime c/o Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
800.438.2780
704.525.7356 FAX
05/08/2024
Quote #
101595-02-03
Lakewood Park - Surfacing and Installation (Revised)
Page 2 of 3
Page 88
Item 8.
BILLING INFORMATION:
Bill to: ______________________________________________________
Contact: ____________________________________________________
Address: ____________________________________________________
Address: ____________________________________________________
City, State: __________________________________ Zip: _____________
Tel: __________________________ Fax: __________________________
E-mail: ______________________________________________________
SHIPPING INFORMATION:
Ship to: _____________________________________________________
Contact: ____________________________________________________
Address: ____________________________________________________
Address: ____________________________________________________
City, State: __________________________________ Zip: _____________
Tel: __________________________ Fax: __________________________
E-mail: ______________________________________________________
GameTime c/o Cunningham Recreation
PO Box 240981
Charlotte, NC 28224
800.438.2780
704.525.7356 FAX
05/08/2024
Quote #
101595-02-03
Lakewood Park - Surfacing and Installation (Revised)
Page 3 of 3
Page 89
Item 8.
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 Bryant’s First Addition, Block 1, Lots 12-14
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a License, Maintenance & Hold
Harmless Agreement between Pettis Real Estate, LLC, and the Town of Prosper relative to
Bryant’s First Addition, Block 1, Lots 12-14.
Description of Agenda Item:
The utilization of a patio area for the Cotton Gin Café requires an encroachment into the existing
alleyway behind the restaurant. A License, Maintenance & Hold Harmless Agreement has been
prepared accordingly to address the placement of a grease trap and gas meter in a portion 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. License, Maintenance & Hold Harmless Agreement
Town Staff Recommendation:
Town Staff recommends that the Town Council authorize the Town Manager to execute a License,
Maintenance & Hold Harmless Agreement between Pettis Real Estate, LLC, and the Town of
Prosper relative to Bryant’s First Addition, Block 1, Lots 12-14.
PLANNING
Page 90
Item 9.
Page 2 of 2
Proposed Motion:
I move to authorize/not authorize the Town Manager to execute a License, Maintenance & Hold
Harmless Agreement between Pettis Real Estate, LLC, and the Town of Prosper relative to
Bryant’s First Addition, Block 1, Lots 12-14.
Page 91
Item 9.
License, Maintenance & Hold Harmless Agreement – Page 1
LICENSE, MAINTENANCE & HOLD HARMLESS AGREEMENT
THIS LICENSE, MAINTENANCE & HOLD HARMLESS AGREEMENT
(“Agreement”), dated _________________, 2024 (the “Effective Date”) is made by and between
Pettis Real Estate LLC, a Texas limited liability company (“Pettis”), and the Town of Prosper,
Texas, a Texas home-rule municipality (“Town”), and is made with reference to the recitals set
forth below concerning certain Town right-of-way consisting of a portion of the sidewalk area in
front of 206 West Broadway Street and a portion of the alley behind 206 West Broadway Street,
including the placement of a grease trap and a gas meter in a portion of the alley behind 206 West
Broadway Street (the relevant portions of the front sidewalk area and the rear alley, including the
grease trap and gas meter, are hereinafter collectively referred to as the “Property”), as described
and depicted in Exhibit A, attached hereto and incorporated by reference.
WHEREAS, Pettis is the owner of the Cotton Gin Café located at 206 West Broadway
Street in the Town; and
WHEREAS, Pettis wishes to utilize the Property for patio purposes, including the
placement of a grease trap and a gas meter in a portion of the alley behind 206 West Broadway
Street, for the Cotton Gin Café; and
WHEREAS, Pettis and the Town have agreed to the use of the Property as patio areas,
including the placement of a grease trap and a gas meter in a portion of the alley behind 206 West
Broadway Street, subject to the terms and conditions contained herein; and
WHEREAS, Pettis acknowledges and agrees that, at its sole cost and expense, it shall
construct and maintain the patio areas, the grease trap and gas meter to be located on the Property.
NOW, THEREFORE, for good and valuable consideration, the sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. License. Subject to the terms and conditions of this Agreement, and to the extent
of the right, title, and interest of the Town, and without any express or implied warranties, the
Town grants to Pettis permission to encroach into its Property and to construct and maintain patio
areas only on the Property, including the placement of a grease trap and a gas meter in a portion
of the alley behind 206 West Broadway Street, as referenced and depicted in attached Exhibit A.
Further, Pettis agrees that the patio areas it constructs shall fully comply with all Town ordinances,
requirements, and regulations, including all building and construction codes. No other
encroachments into or onto Town property are authorized other than those referenced herein.
2. Agreements Regarding the Property. Pettis and the Town agree and acknowledge
the following understandings and agreements regarding the Property:
A. The Town does not and shall not abandon any of its right-of-way or any
easements on or adjacent to 206 West Broadway Street;
B. Other than the patio areas, the remainder of the sidewalk right-of-way and
alley right-of-way shall remain open and accessible at all times for use by the public, any
emergency vehicles or franchise utilities, and access shall not be impeded in any manner;
Page 92
Item 9.
License, Maintenance & Hold Harmless Agreement – Page 2
C. Pettis or its successors and assigns, including any future owners of 206 West
Broadway Street, shall fully maintain the patio areas, including the maintenance and mowing of
the alley, and shall be responsible for all costs associated therewith, including keeping the patio
areas free of trash, litter and debris.
3. Indemnity and Hold Harmless. Pettis shall fully indemnify and hold harmless the
Town and the Town’s Council Members, officers, agents, employees, representatives, successors
and assigns from, against, for and in respect of all damages, losses, obligations, liabilities, claims,
deficiencies, costs and expenses in any way related to the patio areas to be constructed and
maintained by Pettis, including any costs in any way associated with the construction, on-going
maintenance, and/or on-going repair costs incurred by Pettis.
4. Release. Pettis hereby releases the Town, its Council Members, officers, agents,
representatives and employees, from and against, and waives any and all rights to, any and all
claims and/or demands for damages (personal or property), injury (including death), or otherwise,
it may have with regard to the construction, maintenance, or repair of the Property, in whole or in
part, directly or indirectly, as provided in this Agreement.
5. No Lease or Conveyance of Property Interest. This Agreement shall not be
construed as a lease or as a conveyance of any right, title, or interest in any of the Town’s public
right-of-way referenced herein, but instead, this Agreement constitutes a grant of the privilege,
permit, and license for Pettis.
6. Termination of License. The Parties agree and acknowledge that at such time in
the future if the Town opts to terminate this Agreement, then this Agreement shall cease upon
thirty (30) days’ written notice to Pettis, and Pettis shall remove, or cause to be removed, all patio
areas in the Town’s right-of-way, at its expense. In the event Pettis wishes to terminate this
Agreement, it shall give the Town at least thirty (30) days’ written notice.
7. 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.
8. Sovereign Immunity. The Parties agree that the Town has not waived its sovereign
or governmental immunity from suit by entering into and performing its obligations under this
Agreement.
9. Filing in County Deed Records. Pettis and the Town further agree that the
provisions of this Agreement shall constitute a covenant running with the land described in Exhibit
A, attached hereto. The parties agree that this Agreement shall be filed in the Deed Records of
Collin County, Texas.
10. Binding Effect. This Agreement shall inure to and bind the heirs, personal
representatives, successors and assigns of the Parties hereto.
11. Severability. If any provision in this Agreement be held to be void or unenforceable
under the laws of any place governing its construction or enforcement, this Agreement shall not
Page 93
Item 9.
License, Maintenance & Hold Harmless Agreement – Page 3
be void, but shall be construed to be in force with the same effect as though such provision were
omitted.
12. Venue. This Agreement shall be governed by and construed in accordance with the
laws of the State of Texas, and is specifically performable in Collin County, Texas.
13. Execution in Counterparts. This Agreement may be executed in counterparts, each
of which shall be deemed an original, but all of which, together, shall constitute one and the same
instrument.
14. 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: Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Pettis: Pettis Real Estate LLC
1700 Aspen Street
Prosper, Texas 75078
Attention: Michael Pettis
15. Incorporation of Recitals. The recitals set forth above are incorporated herein as if
repeated verbatim.
16. Amendment. This Agreement shall not be modified or amended except in writing
signed by the Parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]
Page 94
Item 9.
License, Maintenance & Hold Harmless Agreement – Page 4
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
signed as of the date first above written.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Mario Canizares
Title: Town Manager, Town of Prosper
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 95
Item 9.
License, Maintenance & Hold Harmless Agreement – Page 5
PETTIS:
PETTIS REAL ESTATE, LLC, a Texas limited
liability company
By: ________________________________
Name: Michael Pettis
Title: President
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of _______________, 2024,
by Michael Pettis, in his capacity as President of Pettis Real Estate 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 Pettis Real Estate LLC.
_____________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 96
Item 9.
License, Maintenance & Hold Harmless Agreement – Page 6
Exhibit A
(Property Description and Depiction)
Page 97
Item 9.
1.5" WALLN89°14'46"E75.00'N0°45'36"W 140.00'
S0°45'36"E 140.00'S89°14'46"W75.00'DATENo.REVISION BYDATE:SHEETFile No.9/3/2019CHECKED:MAMDRAWN:ASDDESIGN:ASDTHE GIN
204 BROADWAY ST.
PROSPER, TX TEXAS REGISTRATION #141990GRAPHIC SCALE1 inch = ft.2020402010CONCEPTUAL SITE PLANSP-11903 CENTRAL DR. SUITE #1 PHONE: 817.281.0572
BEDFORD, TX 76092 WWW.CLAYMOOREENG.COM20' ALLEY7' 10" ENCROACHMENT INTO ALLEY FOR PATIOPATIO RAILING PER ARCH PLANS29'31.79'6'37.21'7' 10"7' 10"PATIO RAILING PER ARCH PLANSPATIO RAILING PER ARCH PLANS7' 10" ENCROACHMENT INTO STREET FOR PATIOBROADWAY ST6.5'6.5'6.5'EX. TREE WELLS (TYP.)7' 10"TEMPORARY PARTISANGREASE TRAPGAS METERPage 98Item 9.
FRONT ENCROACHMENT
REAR ENCROACHMENT
Page 99
Item 9.
Page 1 of 3
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 Ordinance for Prosper Arts District
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
Agenda Item:
Consider and act upon an ordinance rezone 47.0± acres from Planned Development-75 to a
Planned Development for Multifamily and Mixed-Use, located at the northwest corner of Dallas
Parkway and Prosper Trail. (ZONE-24-0001)
Description of Agenda Item:
On May 28, 2024, the Town Council approved the proposed rezoning request by a vote of 4-2
with Mayor Pro-Tem Ray and Councilmember Kern voting in opposition.
The motion included several modifications to the standards which have been incorporated into
the ordinance exhibits. Below are the items of change per the Town Council and Planning &
Zoning Commission motions, which have been addressed in the attached exhibits.
5/28/2024 Town Council Motion
Section E - Multifamily Zone Development Standards:
• Clarify on the accessory building as a use and that it will be an accessory related to the
multifamily.
• Recommended to remove House of Worship as a use.
• For 2i, add minimum density of 40 units to the acre.
• For 2iii add minimum height of 4 stories for multifamily.
• Add that units in multifamily will have climate controlled interior corridors which are also
mentioned in the mixed-use section.
• Section 5.i. – approval will be by the Director of Development Services.
• In section 5.ii based on the Planning & Zoning Commission’s feedback, remove the fiber
cement panel from the primary materials to the secondary materials with a percentage
PLANNING
Page 100
Item 10.
Page 2 of 3
area of 20%. As well as limit the stucco from no stucco on the first floor to 10% total on
the entire building.
Section F – Mixed-Use Zone Development Standards
• Request for Commercial Amusement Indoor, used Furniture Store, Antiques Shop, and
Convenience Store Without Gas Pumps to be an SUP.
• Clarification that Hotel, Residence/Extended Stay is not an extended stay hotel, it is a full-
service hotel with limited extended stay capabilities.
• Changing the name of House of Worship to an event center and having it be in conjunction
with the Meeting/Banquet/Reception Facility.
• Section 2 – Residential Density, add minimum density which is 40 units to the acre.
• Section 2.V – Add minimum of 4 stories along Shawnee Trail. While along the DNT, have
the minimum be 6 stories with a maximum of 14 stories. Retail along Prosper Trail be a
maximum height of 4 stories.
• 3.2 – 100% of the first floor is nonresidential uses, clarified that a minimum of 50% is retail
that is open to the public.
• 5.2 – Remove fiber cement panel from primary to secondary. Stucco at 10% total of the
entire building.
Section G – Useable Open Space and Trails
• 1.viii – Remove #2 – Areas of decorative pavement.
Phasing:
• Phase 1A as is.
• Phase 1B – Add that the foundation is poured for 1 of the 2 hotel buildings on site before
a permit can be received for the multifamily. Also include that the waterway infrastructure
should be approved by the town.
• Phase 2 – A CO on the first hotel building and foundation pour on the second hotel building
to obtain a permit for the multifamily in Phase 2. Also add that all Phase 2 should be done
together with the retail.
• Phase 3 as is.
• Phase 4 as is.
Zone:
• Along DNT, the setback should be 50ft with a 30ft landscape buffer. A request was made
from the applicant for the 2 smaller squares In Phase 1A along Dallas Parkway to have
some leeway with the setback requirement. The Council agreed on a 30 ft landscape
buffer and setback.
Page 101
Item 10.
Page 3 of 3
• The council requests that along Prosper Trail and the southern portion of Phase 3 before
the waterway, parking should be bermed. The applicant asks the council to reconsider the
berming request as it could interfere with retail visibility. Council is satisfied as long as
landscaping will still be there enough to act as headlight screens.
As part of the development agreement, if conditions are not met within 5 years, it will be subject
to reconsideration.
5/21/2024 Planning & Zoning Commission Meeting Motion
• Phasing is going to be adjusted. Phase 1A will include the infrastructure plus the medical
office/hotel, conference/convention center/hotel with retail amenities on the east side of
the project closest to Dallas Parkway, including the parking garage.
• Phase 1B will be the multifamily in the northwest quadrant.
• Phase 2 will be mixed-use retail, multifamily, and theatre, plus the reception facility and
retail on the southeast quadrant.
• Phase 3 will be the hotel plus retail on the far west side of the project. The hotel in Phase
3 will have 4-diamond status and will include luxury pods called Hakas that will be
complementary to the 4-diamond hotel named Hotel Voz.
• Additional updates to Section 5.2.3 in the mixed-use, removing fiber cement from No. 2
and adding it to No. 3.
• Under G.1.8 on Page 93, striking 2 and 3 out and moving 3 items to an SUP as opposed
to approved by right, which will be the commercial amusement indoor facility, furnishing/
home appliance store, and the vet clinic with indoor pet kennel.
• The trigger for 1B is that 1A will need to have construction started, building permits.
• Phase 4 remains the same with office.
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. Exhibit C – Redlined from the May 28, 2024, Town Council Meeting
2. Ordinance
3. Ordinance Exhibits
Town Staff Recommendation:
Town Staff recommends approval of an ordinance to rezone 47.0± acres from Planned
Development-75 to a Planned Development for Multifamily and Mixed-Use, located at the
northwest corner of Dallas Parkway and Prosper Trail.
Proposed Motion:
I move to approve/deny an ordinance to rezone 47.0± acres from Planned Development-75 to a
Planned Development for Multifamily and Mixed-Use, located at the northwest corner of Dallas
Parkway and Prosper Trail.
Page 102
Item 10.
Case No. ZONE-24-0001
Page 1 of 16
EXHIBIT C
Planned Development Standards
A. Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance.
1. Unless expressly identified and referenced within this ordinance, the regulations
of the Town’s Zoning Ordinance (Ordinance No. 05-20), as it exists or may be
amended, and the Subdivision Ordinance, as it exists or may be amended, shall
apply.
2. The zoning exhibits attached and incorporated into the Planned Development shall
serve as a guide for development of the Property. The ultimate layout (including
streets, site layout, building uses, and open space areas) shall be determined at
the time of Preliminary Site Plan application review by the Planning & Zoning
Commission.
3. The developer shall provide an updated Conceptual Plan (Exhibit “D”) with each
development application if any changes are being made to the most recent Exhibit
on file with the Town.
4. Proposed amendments to this Ordinance, or any of the exhibits attached hereto
shall be submitted to the Director of Development Services and evaluated in
conformance with Zoning Ordinance, Chapter 2, Section 24 (Planned
Development District).
B. Exhibits.
Use and development of the Property shall be in conformance with the following exhibits:
1. Exhibit B, Statement of Intent and Purpose
2. Exhibit D, Conceptual Plan
3. Exhibit E, Development Schedule
4. Exhibit F, Elevations
C. Regulations.
The regulations in Exhibit C shall be the exclusive regulations governing building setbacks
and other types of regulations such as, lot area, lot width, lot depth, residential density,
dwelling area, height, number of stories, coverage, and floor area ratio.
D. Project Tracking Plan.
A Project Tracking Plan shall be submitted with each preliminary site plan, site plan,
preliminary plat and final plat to provide context for planning purposes and to serve as a
"tracking tool" for compliance with this PD Ordinance. Updates to a Project Tracking Plan may
be submitted at any time. It is an informational document that is used for tracking purposes
only and no approval of a Project Tracking Plan is required. No rights derived from Chapter
245 of the Texas Local Government Code, as amended, or other vested rights shall accrue
from the Project Tracking Plan, and the Project Tracking Plan shall not be deemed to provide
"fair notice" as provided therein. Each tracking plan shall track the following:
Exhibit C – Redlined from the May 28, 2024,
Town Council Meeting
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1. The number of building permits issued for multifamily units in the Mixed-Use Zone
and in the Multifamily Zone;
2. the density in the Mixed-Use Zone and in the Multifamily Zone based on approved
preliminary site plans and site plans;
3. the acreage and percentage of open space within each Zone;
4. the acreage and percentage of parkland within each Zone and/or fees paid in lieu
of parkland per Ordinance requirements;
5. the approximate number of dwelling units (or range), as well as dwelling types, if
any, authorized by an approved plat within each Zone and the Property (i.e. overall
density summary). For tracking purposes, each Project Tracking Plan submitted
with a preliminary site plan or plat application will include a tabular summary of
each recorded plat for all or any portion of the Property subject to this PD
Ordinance.
E. Multifamily Zone Development Standards.
1. Uses. Except as noted below, the Multifamily Zone shall develop in accordance
with the Multifamily District, as it exists or may be amended, and in accordance
with the regulations described below.
i. Permitted Uses. Uses shall be permitted in accordance with the Multifamily
District as follows:
1. Multifamily Dwelling
2. Accessory Building (only for Multifamily use)
3.2. House of Worship
4.3. Municipal Uses Operated by Town of Prosper
5.4. Park or Playground
6.5. Private Recreation Center
7.6. Home Occupation
2. Regulations.
i. Residential Density.
1. Minimum Density: Forty (40) units per acre.
i.2. Maximum Density: Ffifty (50) units per acre up to 450 total units.
The combined total multifamily units for the Multifamily Zone and
Mixed-Use Zone shall not exceed 515 units.
ii. Size of Yards.
1. Minimum Front Yard: Ten (10) feet; Twenty -five (25) feet along
Shawnee Trail to accommodate the landscape buffer
2. Minimum Side Yard: Thirty (30) feet for structures adjacent to
property that is either zoned for multifamily or non-residential uses
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3. Minimum Rear Yard: Thirty (30) feet for structures adjacent to
property that is either zoned for multifamily or non-residential uses
4. Multiple structures constructed on the same lot shall maintain a
minimum separation of thirty (30) feet
iii. Maximum Height:
1. Minimum Height – Four (4) stories
2. Maximum Height – Five (5) stories, no greater than sixty (60) feet
from finished grade
iii.iv. Lot Coverage: Forty-five percent (45%)
iv.v. Minimum Dwelling Area:
1. One or two bedroom —850 square feet.
2. Additional bedroomThree bedroom — 150 1,000 square feet.
3. No more than 10% of the units may contain three bedrooms.
3. Building Configuration.
i. Mulitfamily structures shall have climate controlled interior corridors.
i.ii. The arrangement of multifamily buildings shall be organized so that the
resident parking shall be provided in a structured garage. Visitor and other
ancillary parking may be located on the drive aisle/fire lane that wraps the
multifamily development.
ii.iii. The Multifamily shall wrap the structured parking so that no more than 25%
of the structured parking garage is exposed to the drive aisle/fire lane. The
height of the garage shall not exceed the height of the adjoining multifamily
building. All associated appurtenances to the garage, such as an elevator
shaft or mechanical equipment, shall be completely screened.
iii.iv. Any elevation or portion of an elevation of a structured garage that is not
wrapped by a building or is visible from Dallas Parkway/Tollway shall have
architectural styles and materials compatible with the adjacent or attached
structure to ensure the exposed structured garage elevation gives the
appearance of a building rather than a blank parking garage. Cladding,
murals, or other artistic expressions shall be used to enhance the overall
architectural character of the structured garage.
iv.v. Parking in a structured garage shall be a minimum nine (9) feet in width
and a minimum twenty (20) feet in depth.
v.vi. Internal roadways/fire lanes on the front sides of the multi-family buildings
shall include on-street parking, either in parallel or angled parking format
to further build an urban character. A maximum of one row of parking on
each side of the drive aisle is permitted on the front side of residential
buildings.
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vi.vii. Any non-structured, off-street, surface parking that contains ten (10) or
more spaces shall provide interior landscaping as follows:
1. All landscaped areas shall be protected by a raised six (6) inch
concrete curb. Pavement shall not be placed closer than four (4)
feet from the trunk of a tree unless a Town approved root barrier is
utilized.
2. Landscaped islands shall be located at the terminus of all parking
rows, except for-street parking, and shall contain at least one (1)
large tree, three (3) inch caliper minimum, with no more than seven
(7) parking spaces permitted in a continuous row without being
interrupted by a landscape island.
3. Landscape islands shall be a minimum of one hundred sixty (160)
square feet, not less than nine (9) feet wide, measured from the
inside face of curb, and length equal to the abutting space.
vii.viii. The Multifamily Zone may be gated. If the Multifamily Zone is gated, details
and logistics related to being gated will be refined in later planning stages.
viii.ix. The residential buildings shall have a strong urban edge with buildings
forming a block. Residential buildings shall have entrances oriented to the
sidewalk for ease of pedestrian access and shall be located in such a
manner as to minimize conflicts between pedestrians and automobiles.
Outward facing residential units on the ground floor shall include
patio/outdoor space associated with the unit and an exterior door that leads
to the sidewalk.
ix.x. Upscale amenities shall include a minimum of five (5) items and be
approved by the Director of Development Services.
4. Off-Street Parking. Multifamily shall be parked at one and one-half (1.5) spaces
per dwelling unit for one-bedroom and two-bedroom units. For every additional
room, an additional parking space is required. For example, a three-bedroom unit
will require two and one-half (2.5) parking spaces.
5. Architectural and Material Standards.
i. Review and Approval Process.
1. Conceptual Architectural and Material Standards.
The applicant shall submit a detailed materials and style plan along
with sample elevations and renderings to define the architectural
character of the property. This shall be submitted at the time of
Preliminary Site Plan submission and is subject to the approval of
the Director of Development Services.This shall be submitted at the
time of Preliminary Site Plan submission.
2. Final Architectural and Material Standards.
The applicant shall submit a Façade Plan and Material Sample
Board for each structure at the time of Site Plan submission and is
subject to the approval of the Director of Development Services.
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3. The conceptual elevations in Exhibit F are intended to evoke a
general look and feel of the architecture of the various land use
types. Changes to materials and architectural elements are
permitted so long as the building elevations adhere to the design
guidelines outlined in the Design Guidelines of this Exhibit C.
ii. Design Guidelines.
1. All buildings must shall be a minimum of eighty percent (80%)
primary materials, excluding windows and doors on each façade.
The remaining twenty percent (20%) of each building elevation may
be comprised of secondary materials.
2. Primary materials shall include metal composite material (examples
include, but not limited to Centria and Alucobond), steel plate, clay
fired brick, natural and manufactured stone, granite, and
marble.Primary materials include fiber cement panel, metal
composite material (examples include, but not limited to Centria and
Alucobond), steel plate, clay fired brick, natural and manufactured
stone, granite, and marble.
2.3. Fiber cement panel is a secondary material.
3.4. Stucco is a secondary material. Stucco is not permitted on
the first floor of any building. The total area of stucco shall not
exceed ten percent (10%) of the total building elevation area.On
each façade, stucco is limited to a maximum ten percent (10%) on
the first floor, a maximum thirty percent (30%) on the second and
third stories, and a maximum fifty percent (50%) on the fourth story
and above.
4.5. The style of all buildings must be consistent and in keeping
with the style of the entire Multifamily Zone.
5.6. All materials and exterior colors shall be compatible with
those used throughout the development.
6.7. Horizontal and vertical building articulation is required on all
elevations. This may be achieved through recessed or projected
architectural elements, variations in roof line, etc.
7.8. No single finish shall cover more than eighty (80) percent of
the front of any building.
6. Sidewalks. Sidewalks adjacent to the fronts of buildings shall be a minimum seven
(7) feet in width and may include tree wells, landscape beds/plantings, and
enhanced pavement.
7. Screening and Retaining Walls.
i. Service, Mechanical and Utility Equipment.
1. All service, mechanical and/or utility equipment, including
transformers, shall be completely screened from public view by
architectural screens, masonry screening walls, and/or
landscaping.
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2. When possible, all service areas and mechanical equipment shall
be located at the rear of the building and out of view of the
roadways.
ii. Screening and retaining walls shall be finished with a masonry veneer
compatible with the materials of the surrounding development.
8. Landscape Buffers. A minimum of a twenty-five (25) foot landscape buffer is
required along Prosper Trail, minimum of a twenty-five (25) foot landscape buffer
is required along Shawnee Trail, and a minimum thirty (30) foot buffer is required
along Dallas Parkway.
8.
F. Mixed-Use Zone Development Standards.
1. Uses. Except as noted below, the Mixed-Use Zone of Tract C shall develop in
accordance with the Retail District, as it exists or may be amended, and in
accordance with the regulations described below.
i. Permitted Uses:
1. Administrative, Medical or Professional Office
2. Wine Bar
3. Cocktail Lounge
4. Cigar Bar
5. Antique Shop and Used Furniture
6.5. Artisan's Workshop
7.6. Automobile Parking Lot/Garage
8.7. Automobile Paid Parking Lot/Garage
9.8. Bank, Savings and Loan, or Credit Union
10.9. Beauty Salon/Barber Shop
11.10. Business Service
12.11. Caretaker’s/Guard’s Residence
13.12. Catering
14.13. Civic/Convention Center
15. Convenience Store without Gas Pumps
16.14. Dry Cleaning, Minor
17.15. Governmental Office
18.16. Gymnastics/Dance Studio
19.17. Health/Fitness Center
20.18. Hospital
21.19. Hotel, Full Service
22. Hotel, Residence/Extended Stay, being a full-service hotel with
limited extended stay capabilities (XO2)
23.20. House of Worship
24.21. Insurance Office
25.22. Meeting/Banquet/Reception Facility/Wedding Event Center
26.23. Mobile Food Vendor
27.24. Multifamily, if over a minimum 1-floor of non-residentialnon-
residential uses.
28.25. Municipal Uses Operated by the Town of Prosper
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29.26. Museum/Art Gallery
30.27. Outdoor Merchandise Display, Temporary
31.28. Park or Playground
32.29. Print Shop, Minor
33.30. Private Club
34.31. Private Recreation Center
35.32. Restaurant (without a drive-through)
36.33. Retail Stores and Shops
37.34. Retail/Service Incidental Use
38.35. Theater, Neighborhood
ii. Permitted with Specific Use Permit:
1. Antique Shop and Used Furniture
1.2. Commercial Amusement, Indoor
3. Commercial Amusement, Outdoor
2.4. Convenience Store without Gas Pumps
3.5. Farmer’s Market
4.6. Furniture, Home Furnishings and Appliance Store
5.7. Helistop
6.8. Outdoor Merchandise Display, Incidental
7.9. Pet Day Care
8.10. Rehabilitation Care Institution
9.11. Veterinarian Clinic and/or Kennel, Indoor
2. Regulations.
i. Residential Density.
1. Minimum Density: Forty (40) dwelling units per acre.
i.2. Maximum Density: sixty (60) Sixty-five (65) dwelling units per acre,
up to 350 total units. The combined total multifamily units for the
Multifamily Zone and Mixed-Use Zone shall not exceed 515 units.
ii. Size of Yards.
1. Minimum Front Yard:
a. Along the Dallas North Tollway (Dallas Parkway): Fifty (50)
foot front yard with a thirty (30) foot landscape buffer. In
Phase 1A, the front yard setback and landscape buffer may
both be thirty (30) feet in the service areas outlined in the
graphic below, provided that these areas are heavily
landscaped, including berms:
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b. Along Shawnee Trail and Prosper Trail: No minimum front
yard setbacks
1.
2. Minimum Side Yard:
2.
a. Ten feet, subject to provision of fire-retardant wall as
required by adopted edition of the Unified Building Code.
b. Ten feet without fire retardant wall.
b.
3. Minimum Rear Yard:
3.
a. None, if abutting an alley or fire lane and constructed with
fire retardant wall.
b. Ten feet or none if attached to an adjacent building and
constructed with fire retardant wall.
c. Ten feet without alley separation or fire-retardant wall.
iii. Size of Lots.
1. Minimum Lot Area: 30,000 square feet
2. Minimum Lot Width: 120 feet
3. Minimum Lot Depth: 250 feet
iv. Minimum Dwelling Area:
1. One or two bedroom —850 square feet.
2. Additional Three bedroom — 150 1,000 square feet.
3. No more than 10% of the units may contain three bedrooms.
v. Maximum Height:
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1. Minimum Height:
a. Four (4) stories along Shawnee Trail
b. Six (6) stories along Dallas North Tollway.
2. Maximum Height:
a. Nine (9) stories, no greater than 110 feet, along Shawnee
Trail
b. Fourteen (14) stories, no greater than 190 feet, along Dallas
North Tollway
v.c. Four (4) stories along Prosper Trail 9 stories, no greater
than 110 feet along Shawnee Trail and 14 stories, no
greater than 170 feet along Dallas Parkway.
vi. Lot Coverage: Fifty-five percent (55%)
vii. Floor Area Ratio: Maximum 2.25:1
3. Multifamily Building Configuration.
i. Multifamily structures shall be attached to structured parking by a covered
walkway or connector element.
i.ii. Multifamily structures shall have climate controlled interior corridors.
iii. First Floor: The ceiling height of the first floor shall be a minimum fourteen
(14) feet in height.
ii.iv. All (100%) of the first floor shall be for nonresidential uses, including
multifamily amenities, retail and restaurant uses. One-half (50%) of the
first floor uses shall be open to the public.
iii.Garage Height:
1. Attached Garages: Attached garages are those that are directly
connected to another building. The height of the garage shall not
exceed the height of an adjoining or exterior building and all
associated appurtenances, such as an elevator shaft or mechanical
equipment, shall be completely screened.
2. Detached Garages: The height of detached garages shall not
exceed seven (7) stories or seventy-five (75) feet in height.
4. Garage Height:
i. Attached Garages: Attached garages are those that are directly connected
to another building. The height of the garage shall not exceed the height of
an adjoining or exterior building and all associated appurtenances, such as
an elevator shaft or mechanical equipment, shall be completely screened.
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ii. Detached Garages: The height of detached garages shall not exceed
seven (7) stories or seventy-five (75) feet in height.
4.5. Off-Street Parking.
i. Multifamily shall be parked at one and one-half (1.5) spaces per dwelling
unit for one-bedroom and two-bedroom units. For every additional room,
an additional parking space is required. For example, a three-bedroom unit
will require two and one-half (2.5) parking spaces.
ii. A shared parking strategy is encouraged to reduce the required parking
needed in the Mixed-Use Zone based on peak time demands. Shared
parking agreements for adjacent properties should include a written
agreement between property owners that clearly stipulates the terms of the
joint use of the parking spaces. The shared parking agreement should
include parking ratios per use that will be agreed upon between the
developer and Town Staff during the Preliminary Site Plan review phase.
iii. When a building includes Multifamily uses, the resident parking shall be
provided in a structured garage. A section of the garage may be gated
specifically for Multifamily use. If the Multifamily parking is gated from the
parking utilized for other uses in the structured garage, details and logistics
related to being gated will be refined in the Preliminary Site Plan review
phase. Visitor parking and other ancillary uses associated with the
Multifamily uses may be located between the building and a public street
when located at or beyond the required landscape setback and screened
with a headlight screen of earthen berms and/or a row of shrubs.
iv. Parking in a structured garage shall be a minimum nine (9) feet in width
and a minimum twenty (20) feet in depth.
iv.v. Along Prosper Trail and along Shawnee Trail, south of the man-made water
feature, shrubs are not required to be on top of the required berm. The
shrubs, berm and trees shall be installed in conjunction with a meandering
trail/sidewalk in a manner that will provide a headline screen.
5.6. Architectural and Material Standards.
i. Review and Approval Process.
1. Conceptual Architectural and Material Standards.
The applicant shall submit a detailed materials and style plan along
with sample elevations and renderings to define the architectural
character of the property. This shall be submitted at the time of
Preliminary Site Plan submission and is subject to the approval of
the Director of Development Services.This shall be submitted at the
time of Preliminary Site Plan submission.
2. Final Architectural and Material Standards.
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The applicant shall submit a Façade Plan and Material Sample
Board for each structure at the time of Site Plan submission and is
subject to the approval of the Director of Development Services.
3. The conceptual elevations in Exhibit F are intended to evoke a
general look and feel of the architecture of the various land use
types. Changes to materials and architectural elements are
permitted so long as the building elevations adhere to the design
guidelines outlined in the Design Guidelines of this Exhibit C. The
Mixed-Use Zone should offer architectural diversity between
buildings, with each structure contributing its own unique flair that
blends styles, materials, and artistic expressions in this dynamic
arts district.
4. Structured Garages. Any elevation or portion of an elevation of a
structured garage that is not wrapped by a building or is visible from
Dallas Parkway/Tollway shall have architectural styles and
materials compatible with the adjacent or attached structure to
ensure the exposed structured garage elevation gives the
appearance of a building rather than a blank parking garage.
Cladding, murals, or other artistic expressions shall be used to
enhance the overall architectural character of the structured
garage.
ii. Design Guidelines.
1. All buildings shall be a minimum of eighty percent (80%) primary
materials, excluding windows and doors on each building elevation.
The remaining twenty percent (20%) of each building elevation may
be comprised of secondary materials.All buildings must be a
minimum of eighty percent (80%) primary materials, excluding
windows and doors on each façade.
2. Primary materials shall include metal composite material (examples
include, but not limited to Centria and Alucobond), steel plate, clay
fired brick, natural and manufactured stone, granite, marble, and
carbonFor purposes of this section, primary materials shall include:
metal composite material (examples include, but not limited to
Centria and Alucobond), steel plate, clay fired brick, natural and
manufactured stone, granite, and marble.
2.3. Fiber cement panel is a secondary material.
3.4. Stucco is a secondary material. Stucco is not permitted on
the first floor of any building. The total area of stucco shall not
exceed ten percent (10%) of the total building elevation areaOn
each façade, fiber cement panel and stucco are each limited to a
maximum ten percent (10%) on the first floor, a maximum thirty
percent (30%) on the second and third stories, and a maximum fifty
percent (50%) on the fourth story and above.
4.5. All materials and exterior colors shall be compatible
throughout the development.
5.6. Horizontal and vertical building articulation is required on all
elevations. This may be achieved through recessed or projected
architectural elements, variations in roof line, etc.
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6.7. No single finish shall cover more than eighty (80) percent of
the front of any building.
7.8. Storefronts on façade treatments that span multiple tenants
shall use architecturally compatible materials, colors, details,
awning signage, and lighting fixtures. Retail ground floor shall have
windows covering a minimum of 60% of the major street and/or
public-realm fronting façade(s).
8.9. Architectural elements should tie into and play off of the
historical features throughout the Town of Prosper, including but not
limited to the silos and windmills to ensure this development feels
connected to the Town as a whole. Modern elements and artistic
expression may be used to play off of the historic theme of Prosper.
6.7. Sidewalks. Sidewalks adjacent to the fronts of primary buildings, along
drive aisles and parking rows, shall be a minimum fifteen (15) feet in width and
may include tree wells, landscape beds/plantings, and enhanced pavement.
7.8. Screening and Retaining Walls.
i. Service, Mechanical and Utility Equipment.
1. All service, mechanical and/or utility equipment, including
transformers, shall be completely screened from public view by
architectural screens, masonry screening walls, and/or
landscaping.
2. When possible, all service areas and mechanical equipment shall
be located at the rear of the building and out of view of the
roadways.
ii. Screening and retaining walls shall be finished with a masonry veneer
compatible with the materials of the surrounding development.
8.9. Landscape Buffers. A minimum of a twenty-five (25) foot landscape buffer
is required along Prosper Trail, minimum of a twenty-five (25) foot landscape buffer
is required along Shawnee Trail, and a minimum thirty (30) foot buffer is required
along Dallas Parkway.
G. Useable Open Space and Trails.
Usable open space is to be laid out in a way that provides equal access to both the Multifamily
Zone and Mixed-Use Zone.
1. Useable Open Space.
i. A minimum of 15% of the property (35.68 acres) is required to be open
space which will be provided through the entire development.
ii. A minimum 30% of the Multifamily Zone area is required to be open space.
At least one-third of this open space is to be within the boundary of the
Multifamily Zone. The remaining two-thirds of the required minimum open
space for the Multifamily Zone is included as part of the entire project, can
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be located in the Mixed-Use Zone, and will require an easement, shared
property right, or other form of agreement through the property owners
association to be determined in later planning or development stages.
iii. Any use of the floodplain as open space shall be approved by the Director
of Engineering Services.
iv. This space may include detention and floodplain areas. No more than
(60%) of the useable open space can be detention or within the floodplain.
v. Useable open space shall be a minimum of 35 feet in width, unless
otherwise approved by the Director of Development Services, or his/her
designee.
vi. Useable open space in the floodplain shall include walking trails,
sculptures/artwork, benches, and other amenities as outlined in item viii.
vii. Buildings shall face and/or side to the open space to the greatest extent
possible to provide pedestrian access and areas of congregation along the
open space.
viii. A minimum of six (6) amenities shall be provided within the open space and
shall be approved by the Director of Development Services. Examples
include:
1. Outdoor fitness stations
2. Durable shade structure such as a pavilion or pergola
3. Sport court
4. Fire pits and lounging areas
5. Water features, including fountains and ponds outside the detention
area
6. Any other similar improvement approved by the Director of
Development Services or his/her designee.
2. Trails.
i. All trails shall comply with the Hike & Bike Master Plan.
ii. A ten-foot (10’) trail is required along Dallas Parkway and Prosper Trail, and
a six-foot (6’) sidewalk is required along all other public roadways.
iii. Trails within the development shall connect to the trails along the roadways.
iii.
3. Planting Standards.
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i. One (1) – Four (4) in caliper evergreen tree shall be planted per thirty (30)
feet of linear open space area. These trees shall be planted in groups with
appropriate spacing for species.
ii. One (1) – Three (3) inch caliper ornamental tree shall be planted per thirty
(30) linear feet of open space area. These trees may be planted in groups
with appropriate spacing for species.
iii. A minimum of fifteen (15) shrubs with a minimum size of five (5) gallons
each shall be planted per thirty (30) linear feet of open space area. These
shrubs may be planted in groups with appropriate spacing for species.
iv. It is intended that all plant types promote a natural landscape. Where
possible, the planting shall be in accordance with the general planting style.
Drought tolerant and/or native plants from the Town’s approved plant list
are required for compliance. Other species may be utilized with approval
from the Town as part of the Site Plan process.
v. All landscape areas to be kept free of weeds, invasive plant species, and
trash
H. Detention/Retention.
Detention located within the Floodplain must meet all Town of Prosper, FEMA and all other
applicable regulations. The proposed man-made water feature, located in the approximate
location of the existing creek bed, will be sized to accommodate the proposed development
on both sides as shown on the Conceptual Plan.
I. Public Art.
An amount of not less than twenty-four (24) public art installations shall be included throughout
the entire project. Approximate locations for public art are denoted on Exhibit D, which
includes locations at significant entry points into the development along the Tollway. The
Director of Development Services shall determine the location and types of public art.
J. Phasing.
Phase 1A:
• Site-wide infrastructure for all 34 Acres
• Hotel Carbon
o 144 Rooms (Only for Hotel Guests)
o 12 Social Spaces (Primarily for Hotel Guests but available to the public as
Event/Meeting Rental Space)
o Performance Center (Open to the Public – Leased to a 3rd Party Operator)
o Conference Center (Open to the Public)
o Streaming & eSports Center (Open to the Public – Leased to a 3rd Party
Operator)
o Retail Operations (Open to the Public – Leased to a 3rd Party Operator)
o Restaurants
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Item 10.
Case No. ZONE-24-0001
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Protein Bar (Open to the Public)
Sports Bar (Open to the Public)
Food Hall (Open to the Public)
• XO2 Tower
o Luxury Condo residences (specialized for medical recovery)
o 1 floor of Retail Flex Space
o 3 floors of leased medical and out-patient office
o Rooftop workout and relaxation facility
• Outdoor Recreation Area
o Soccer field
o Running track
o Covered sports pavilion
o Enclosed multi-sport court
• Mixed-Use Zone Parking Garage
Phase 1B:
• Multif-Family Zone
Triggers:
Phase 1B Multifamily cannot shall not begin until Phase 1A has a building permit and
begins construction. until a foundation is poured in Phase 1A for one of the two hotel
buildings (i.e. Hotel Carbon or the XO2 Tower).
The man-made water feature shall be approved by the Town before a permit can be
received for the Multifamily development.
Phase 2:
• Mixed-Use retail and multi-family
• Theater
• Reception Facility
• Retail on the southeast quadrant
Triggers:
The multifamily component within Phase 2 shall not obtain a building permit until a
Certificate of Occupancy is issued for the first hotel building and foundation poured for
the second hotel building.
• The retail portion of Phase 2 shall be built with the other components of this phase.
Phase 3:
• Hotel Voz on the far west
o 4-diamond hotel status
o Luxury pods called Hako that will be complementary to the 4-diamond Hotel
Voz
• Retail in the southwest quadrant
Phase 4:
• Office on Dallas Parkway
A phasing diagram for the entire development is depicted below.
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Page 16 of 16
Page 118
Item 10.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 47.0 ACRES, MORE OR LESS, SITUATED IN THE
COLLIN COUNTY SCHOOL LAND #12 SURVEY, ABSTRACT NO. 147, IN THE
TOWN OF PROSPER, COLLIN COUNTY, TEXAS, FROM PLANNED
DEVELOPMENT-75 (PD-75) TO PLANNED DEVELOPMENT-127 (PD-127),
DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF
THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case ZONE-
24-0001) from Prosper Tollway Avenues 35, L.P. (“Applicant”), to rezone 47.0 acres of land, more
or less, situated in the Collin County School Land #12 Survey, Abstract No. 147, in the Town of
Prosper, Collin County, Texas, and being more particularly described in Exhibit “A-1” and
represented in Exhibit “A-2,” attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all other
requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 47.0 acres of land,
more or less, at the northwest corner of Dallas Parkway and Prosper Trail, Town of Prosper, Collin
County, Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are
hereby zoned as Planned Development-128 and being more particularly described in Exhibit “A-
1” and represented in Exhibit “A-2,” attached hereto and incorporated herein for all purposes as
if set forth verbatim.
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Item 10.
Case No. ZONE-24-0001 Ordinance No. 2024-__, Page 2
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with (1) the Statement of Intent and Purpose,
attached hereto as Exhibit “B,” (2) Development Standards, attached hereto as Exhibit “C,” (3)
the Conceptual Plan, attached hereto as Exhibit “D,” (4) the Development Schedule, attached
hereto as Exhibit “E,” and (5) Conceptual Elevations, attached hereto as Exhibit “F,” all of which
are incorporated herein for all purposes as if set forth verbatim, subject to the following condition
of approval by the Town Council:
1. Approval of a Development Agreement, including, but not limited to, architectural building
materials.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time-to-time be made of
the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm, or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from
filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state, and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
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Item 10.
Case No. ZONE-24-0001 Ordinance No. 2024-__, Page 3
expressly provided that all remaining portions of this Ordinance shall remain in full force and
effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THE 11TH DAY OF JUNE 2024.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis-Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
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Item 10.
Exhibit A-1Page 122Item 10.
Existing Zoning: Planned Development-75-Retail
Proposed Zoning: Planned Development-Multifamily/Mixed-Use
Existing R.O.W.
POINT OF
BEGINNING
N: 7142588.7055
E: 2482283.4759
47.013 Ac. / 2,047,881 S.F. (Gross)
35.678 Ac. / 1,554,116 S.F. (Net)
LOCATION MAP
1" = 2500'
S
N
W E
EXHIBIT A-2
BOUNDARY EXHIBIT
PROSPER ARTS DISTRICT
2,047,881 SQ. FEET OR 47.013 ACRES (GROSS)
1,554,116 SQ. FEET OR 35.678 ACRES (NET)
OF LAND OUT OF THE
COLLIN COUNTY SCHOOL LAND #12 SURVEY
ABSTRACT NO. 147, TRACT 74
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
OWNER / APPLICANT
Prosper Tollway Avenues 35, LP
5 Cowboys Way, #300
Frisco, TX 75034
Telephone: (630) 987-9275
Contact: Satya Donepudi
ENGINEER
Spiars Engineering, Inc.
501 W. President George Bush Hwy, Suite 200
Richardson, TX 75080
Telephone: (972) 422-0077
TBPELS No. F-2121 And No. F-10043100
Contact: Mike Martinie
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Item 10.
EXHIBIT B
STATEMENT OF INTENT AND PURPOSE
I. Statement of Intent
A. Overall Intent
This 35.68 acre Tract C zone of PD-75 is intended to be developed in a manner that will allow
flexibility of uses including retail, commercial, office, medical office, hotel, multifamily and
entertainment. This development will include outdoor amenity space with a detention pond, trails,
benches, and public art and will grow into an active community of mixed uses.
B. Description of Property
Located at the northwest intersection of the Dallas Parkway and Prosper Trail this 35.68-acre Tract C
zone of PD-75 is owned by Satya Donepudi, Prosper Tollway Avenues 35, LP. Shawnee Trail, a four (4)
lane divided minor thoroughfare runs north and south along the west side of this zone and will
provide access to the proposed uses within the entire development. Driveway access for the
development will also be taken off Prosper Trail on the southern boundary of the site and the Dallas
Parkway along the eastern boundary. A floodplain, open space and detention basin runs east and
west through the site along the creek. With the exception of the existing 20-foot-wide paving for
Prosper Trail along the southern boundary, the subject Tract C zone of PD-75 is currently vacant. To
the north and west of PD-75 is a proposed single-family development, Legacy Crossing (PD-36 and
PD-60). To the south is the proposed 880-acre Villages of Star Trail, a Planned Development (PD-66)
which incorporates single family, office, retail and commercial zoning. Exhibit A-2 and Exhibit D
depict the location and boundary of the project.
C. Description of Proposed Development
The location of this project, at the intersection of a major highway and two thoroughfares, lends
itself well for mixed-use development including commercial, retail, hotel, office, and multifamily
residential.
Tract C is divided into two sub-zones- A Multifamily Zone (approximately 6.8 acres) and a Mixed-Use
Zone (approximately 28.9 acres). Uses in the Multifamily Zone include Multifamily residential. Uses
in the mixed-use zone include hotel, office, retail, structured parking, indoor event/reception space
and Multifamily over retail. The mixed-use zone contains a detention/open space area. A hike and
bike trail is proposed within the detention/open space area and will connect to the trail in the
neighboring development.
II. Current Zoning and Future Land Use
A. Current Zoning Classification
The land is currently zoned as PD-75, with Tract C slated exclusively for retail uses including a
grocery, gas station, restaurants, fast food, general retail and office/retail.
B. Future Land Use Plan and Compatibility with the Comprehensive Plan
The 2023 Future Land Use Plan designates this parcel as Dallas North Tollway District, which is
defined in the 2023 Comprehensive Plan as consisting of the most intense land uses with a diverse
mixture of office, retail and residential uses. The proposed mix of multi-family residential, hotel,
office, retail, and structured parking meet the intention of the Comprehensive Plan.
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EXHIBIT C
Planned Development Standards
A. Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance.
1. Unless expressly identified and referenced within this ordinance, the regulations
of the Town’s Zoning Ordinance (Ordinance No. 05-20), as it exists or may be
amended, and the Subdivision Ordinance, as it exists or may be amended, shall
apply.
2. The zoning exhibits attached and incorporated into the Planned Development shall
serve as a guide for development of the Property. The ultimate layout (including
streets, site layout, building uses, and open space areas) shall be determined at
the time of Preliminary Site Plan application review by the Planning & Zoning
Commission.
3. The developer shall provide an updated Conceptual Plan (Exhibit “D”) with each
development application if any changes are being made to the most recent Exhibit
on file with the Town.
4. Proposed amendments to this Ordinance, or any of the exhibits attached hereto
shall be submitted to the Director of Development Services and evaluated in
conformance with Zoning Ordinance, Chapter 2, Section 24 (Planned
Development District).
B. Exhibits.
Use and development of the Property shall be in conformance with the following exhibits:
1. Exhibit B, Statement of Intent and Purpose
2. Exhibit D, Conceptual Plan
3. Exhibit E, Development Schedule
4. Exhibit F, Elevations
C. Regulations.
The regulations in Exhibit C shall be the exclusive regulations governing building setbacks
and other types of regulations such as, lot area, lot width, lot depth, residential density,
dwelling area, height, number of stories, coverage, and floor area ratio.
D. Project Tracking Plan.
A Project Tracking Plan shall be submitted with each preliminary site plan, site plan,
preliminary plat and final plat to provide context for planning purposes and to serve as a
"tracking tool" for compliance with this PD Ordinance. Updates to a Project Tracking Plan may
be submitted at any time. It is an informational document that is used for tracking purposes
only and no approval of a Project Tracking Plan is required. No rights derived from Chapter
245 of the Texas Local Government Code, as amended, or other vested rights shall accrue
from the Project Tracking Plan, and the Project Tracking Plan shall not be deemed to provide
"fair notice" as provided therein. Each tracking plan shall track the following:
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1. The number of building permits issued for multifamily units in the Mixed-Use Zone
and in the Multifamily Zone;
2. the density in the Mixed-Use Zone and in the Multifamily Zone based on approved
preliminary site plans and site plans;
3. the acreage and percentage of open space within each Zone;
4. the acreage and percentage of parkland within each Zone and/or fees paid in lieu
of parkland per Ordinance requirements;
5. the approximate number of dwelling units (or range), as well as dwelling types, if
any, authorized by an approved plat within each Zone and the Property (i.e. overall
density summary). For tracking purposes, each Project Tracking Plan submitted
with a preliminary site plan or plat application will include a tabular summary of
each recorded plat for all or any portion of the Property subject to this PD
Ordinance.
E. Multifamily Zone Development Standards.
1. Uses. Except as noted below, the Multifamily Zone shall develop in accordance
with the Multifamily District, as it exists or may be amended, and in accordance
with the regulations described below.
i. Permitted Uses. Uses shall be permitted in accordance with the Multifamily
District as follows:
1. Multifamily Dwelling
2. Accessory Building (only for Multifamily use)
3. Municipal Uses Operated by Town of Prosper
4. Park or Playground
5. Private Recreation Center
6. Home Occupation
2. Regulations.
i. Residential Density.
1. Minimum Density: Forty (40) units per acre.
2. Maximum Density: Fifty (50) units per acre up to 450 total units.
The combined total multifamily units for the Multifamily Zone and
Mixed-Use Zone shall not exceed 515 units.
ii. Size of Yards.
1. Minimum Front Yard: Ten (10) feet; Twenty -five (25) feet along
Shawnee Trail to accommodate the landscape buffer
2. Minimum Side Yard: Thirty (30) feet for structures adjacent to
property that is either zoned for multifamily or non-residential uses
3. Minimum Rear Yard: Thirty (30) feet for structures adjacent to
property that is either zoned for multifamily or non-residential uses
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4. Multiple structures constructed on the same lot shall maintain a
minimum separation of thirty (30) feet
iii. Height:
1. Minimum Height – Four (4) stories
2. Maximum Height – Five (5) stories, no greater than sixty (60) feet
from finished grade
iv. Lot Coverage: Forty-five percent (45%)
v. Minimum Dwelling Area:
1. One or two bedroom —850 square feet.
2. Three bedroom — 1,000 square feet.
3. No more than 10% of the units may contain three bedrooms.
3. Building Configuration.
i. Mulitfamily structures shall have climate controlled interior corridors.
ii. The arrangement of multifamily buildings shall be organized so that the
resident parking shall be provided in a structured garage. Visitor and other
ancillary parking may be located on the drive aisle/fire lane that wraps the
multifamily development.
iii. The Multifamily shall wrap the structured parking so that no more than 25%
of the structured parking garage is exposed to the drive aisle/fire lane. The
height of the garage shall not exceed the height of the adjoining multifamily
building. All associated appurtenances to the garage, such as an elevator
shaft or mechanical equipment, shall be completely screened.
iv. Any elevation or portion of an elevation of a structured garage that is not
wrapped by a building or is visible from Dallas Parkway/Tollway shall have
architectural styles and materials compatible with the adjacent or attached
structure to ensure the exposed structured garage elevation gives the
appearance of a building rather than a blank parking garage. Cladding,
murals, or other artistic expressions shall be used to enhance the overall
architectural character of the structured garage.
v. Parking in a structured garage shall be a minimum nine (9) feet in width
and a minimum twenty (20) feet in depth.
vi. Internal roadways/fire lanes on the front sides of the multi-family buildings
shall include on-street parking, either in parallel or angled parking format
to further build an urban character. A maximum of one row of parking on
each side of the drive aisle is permitted on the front side of residential
buildings.
vii. Any non-structured, off-street, surface parking that contains ten (10) or
more spaces shall provide interior landscaping as follows:
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1. All landscaped areas shall be protected by a raised six (6) inch
concrete curb. Pavement shall not be placed closer than four (4)
feet from the trunk of a tree unless a Town approved root barrier is
utilized.
2. Landscaped islands shall be located at the terminus of all parking
rows, except for-street parking, and shall contain at least one (1)
large tree, three (3) inch caliper minimum, with no more than seven
(7) parking spaces permitted in a continuous row without being
interrupted by a landscape island.
3. Landscape islands shall be a minimum of one hundred sixty (160)
square feet, not less than nine (9) feet wide, measured from the
inside face of curb, and length equal to the abutting space.
viii. The Multifamily Zone may be gated. If the Multifamily Zone is gated, details
and logistics related to being gated will be refined in later planning stages.
ix. The residential buildings shall have a strong urban edge with buildings
forming a block. Residential buildings shall have entrances oriented to the
sidewalk for ease of pedestrian access and shall be located in such a
manner as to minimize conflicts between pedestrians and automobiles.
Outward facing residential units on the ground floor shall include
patio/outdoor space associated with the unit and an exterior door that leads
to the sidewalk.
x. Upscale amenities shall include a minimum of five (5) items and be
approved by the Director of Development Services.
4. Off-Street Parking. Multifamily shall be parked at one and one-half (1.5) spaces
per dwelling unit for one-bedroom and two-bedroom units. For every additional
room, an additional parking space is required. For example, a three-bedroom unit
will require two and one-half (2.5) parking spaces.
5. Architectural and Material Standards.
i. Review and Approval Process.
1. Conceptual Architectural and Material Standards.
The applicant shall submit a detailed materials and style plan along
with sample elevations and renderings to define the architectural
character of the property. This shall be submitted at the time of
Preliminary Site Plan submission and is subject to the approval of
the Director of Development Services.
2. Final Architectural and Material Standards.
The applicant shall submit a Façade Plan and Material Sample
Board for each structure at the time of Site Plan submission and is
subject to the approval of the Director of Development Services.
3. The conceptual elevations in Exhibit F are intended to evoke a
general look and feel of the architecture of the various land use
types. Changes to materials and architectural elements are
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permitted so long as the building elevations adhere to the design
guidelines outlined in the Design Guidelines of this Exhibit C.
ii. Design Guidelines.
1. All buildings shall be a minimum of eighty percent (80%) primary
materials, excluding windows and doors on each façade. The
remaining twenty percent (20%) of each building elevation may be
comprised of secondary materials.
2. Primary materials shall include metal composite material (examples
include, but not limited to Centria and Alucobond), steel plate, clay
fired brick, natural and manufactured stone, granite, and marble.
3. Fiber cement panel is a secondary material.
4. Stucco is a secondary material. Stucco is not permitted on the first
floor of any building. The total area of stucco shall not exceed ten
percent (10%) of the total building elevation area.
5. The style of all buildings must be consistent and in keeping with the
style of the entire Multifamily Zone.
6. All materials and exterior colors shall be compatible with those used
throughout the development.
7. Horizontal and vertical building articulation is required on all
elevations. This may be achieved through recessed or projected
architectural elements, variations in roof line, etc.
8. No single finish shall cover more than eighty (80) percent of the
front of any building.
6. Sidewalks. Sidewalks adjacent to the fronts of buildings shall be a minimum seven
(7) feet in width and may include tree wells, landscape beds/plantings, and
enhanced pavement.
7. Screening and Retaining Walls.
i. Service, Mechanical and Utility Equipment.
1. All service, mechanical and/or utility equipment, including
transformers, shall be completely screened from public view by
architectural screens, masonry screening walls, and/or
landscaping.
2. When possible, all service areas and mechanical equipment shall
be located at the rear of the building and out of view of the
roadways.
ii. Screening and retaining walls shall be finished with a masonry veneer
compatible with the materials of the surrounding development.
8. Landscape Buffers. A minimum of a twenty-five (25) foot landscape buffer is
required along Prosper Trail, minimum of a twenty-five (25) foot landscape buffer
is required along Shawnee Trail, and a minimum thirty (30) foot buffer is required
along Dallas Parkway.
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F. Mixed-Use Zone Development Standards.
1. Uses. Except as noted below, the Mixed-Use Zone of Tract C shall develop in
accordance with the Retail District, as it exists or may be amended, and in
accordance with the regulations described below.
i. Permitted Uses:
1. Administrative, Medical or Professional Office
2. Wine Bar
3. Cocktail Lounge
4. Cigar Bar
5. Artisan's Workshop
6. Automobile Parking Lot/Garage
7. Automobile Paid Parking Lot/Garage
8. Bank, Savings and Loan, or Credit Union
9. Beauty Salon/Barber Shop
10. Business Service
11. Caretaker’s/Guard’s Residence
12. Catering
13. Civic/Convention Center
14. Dry Cleaning, Minor
15. Governmental Office
16. Gymnastics/Dance Studio
17. Health/Fitness Center
18. Hospital
19. Hotel, Full Service
20. Hotel, Residence/Extended Stay, being a full-service hotel with
limited extended stay capabilities (XO2)
21. Insurance Office
22. Meeting/Banquet/Reception Facility/Wedding Event Center
23. Mobile Food Vendor
24. Multifamily, if over a minimum 1-floor of non-residential uses.
25. Municipal Uses Operated by the Town of Prosper
26. Museum/Art Gallery
27. Outdoor Merchandise Display, Temporary
28. Park or Playground
29. Print Shop, Minor
30. Private Club
31. Private Recreation Center
32. Restaurant (without a drive-through)
33. Retail Stores and Shops
34. Retail/Service Incidental Use
35. Theater, Neighborhood
ii. Permitted with Specific Use Permit:
1. Antique Shop and Used Furniture
2. Commercial Amusement, Indoor
3. Commercial Amusement, Outdoor
4. Convenience Store without Gas Pumps
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5. Farmer’s Market
6. Furniture, Home Furnishings and Appliance Store
7. Helistop
8. Outdoor Merchandise Display, Incidental
9. Pet Day Care
10. Rehabilitation Care Institution
11. Veterinarian Clinic and/or Kennel, Indoor
2. Regulations.
i. Residential Density.
1. Minimum Density: Forty (40) dwelling units per acre.
2. Maximum Density: Sixty-five (65) dwelling units per acre, up to 350
total units. The combined total multifamily units for the Multifamily
Zone and Mixed-Use Zone shall not exceed 515 units.
ii. Size of Yards.
1. Minimum Front Yard:
a. Along the Dallas North Tollway (Dallas Parkway): Fifty (50)
foot front yard with a thirty (30) foot landscape buffer. In
Phase 1A, the front yard setback and landscape buffer may
both be thirty (30) feet in the service areas outlined in the
graphic below, provided that these areas are heavily
landscaped, including berms:
b. Along Shawnee Trail and Prosper Trail: No minimum front
yard setbacks
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2. Minimum Side Yard:
a. Ten feet, subject to provision of fire-retardant wall as
required by adopted edition of the Unified Building Code.
b. Ten feet without fire retardant wall.
3. Minimum Rear Yard:
a. None, if abutting an alley or fire lane and constructed with
fire retardant wall.
b. Ten feet or none if attached to an adjacent building and
constructed with fire retardant wall.
c. Ten feet without alley separation or fire-retardant wall.
iii. Size of Lots.
1. Minimum Lot Area: 30,000 square feet
2. Minimum Lot Width: 120 feet
3. Minimum Lot Depth: 250 feet
iv. Minimum Dwelling Area:
1. One or two bedroom —850 square feet.
2. Three bedroom — 1,000 square feet.
3. No more than 10% of the units may contain three bedrooms.
v. Height:
1. Minimum Height:
a. Four (4) stories along Shawnee Trail
b. Six (6) stories along Dallas North Tollway.
2. Maximum Height:
a. Nine (9) stories, no greater than 110 feet, along Shawnee
Trail
b. Fourteen (14) stories, no greater than 190 feet, along Dallas
North Tollway
c. Four (4) stories along Prosper Trail
vi. Lot Coverage: Fifty-five percent (55%)
vii. Floor Area Ratio: Maximum 2.25:1
3. Multifamily Building Configuration.
i. Multifamily structures shall be attached to structured parking by a covered
walkway or connector element.
ii. Multifamily structures shall have climate controlled interior corridors.
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iii. First Floor: The ceiling height of the first floor shall be a minimum fourteen
(14) feet in height.
iv. All (100%) of the first floor shall be for nonresidential uses, including
multifamily amenities, retail and restaurant uses. One-half (50%) of the
first floor uses shall be open to the public.
4. Garage Height:
i. Attached Garages: Attached garages are those that are directly connected
to another building. The height of the garage shall not exceed the height of
an adjoining or exterior building and all associated appurtenances, such as
an elevator shaft or mechanical equipment, shall be completely screened.
ii. Detached Garages: The height of detached garages shall not exceed
seven (7) stories or seventy-five (75) feet in height.
5. Off-Street Parking.
i. Multifamily shall be parked at one and one-half (1.5) spaces per dwelling
unit for one-bedroom and two-bedroom units. For every additional room,
an additional parking space is required. For example, a three-bedroom unit
will require two and one-half (2.5) parking spaces.
ii. A shared parking strategy is encouraged to reduce the required parking
needed in the Mixed-Use Zone based on peak time demands. Shared
parking agreements for adjacent properties should include a written
agreement between property owners that clearly stipulates the terms of the
joint use of the parking spaces. The shared parking agreement should
include parking ratios per use that will be agreed upon between the
developer and Town Staff during the Preliminary Site Plan review phase.
iii. When a building includes Multifamily uses, the resident parking shall be
provided in a structured garage. A section of the garage may be gated
specifically for Multifamily use. If the Multifamily parking is gated from the
parking utilized for other uses in the structured garage, details and logistics
related to being gated will be refined in the Preliminary Site Plan review
phase. Visitor parking and other ancillary uses associated with the
Multifamily uses may be located between the building and a public street
when located at or beyond the required landscape setback and screened
with a headlight screen of earthen berms and/or a row of shrubs.
iv. Parking in a structured garage shall be a minimum nine (9) feet in width
and a minimum twenty (20) feet in depth.
v. Along Prosper Trail and along Shawnee Trail, south of the man-made water
feature, shrubs are not required to be on top of the required berm. The
shrubs, berm and trees shall be installed in conjunction with a meandering
trail/sidewalk in a manner that will provide a headline screen.
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6. Architectural and Material Standards.
i. Review and Approval Process.
1. Conceptual Architectural and Material Standards.
The applicant shall submit a detailed materials and style plan along
with sample elevations and renderings to define the architectural
character of the property. This shall be submitted at the time of
Preliminary Site Plan submission and is subject to the approval of
the Director of Development Services.
2. Final Architectural and Material Standards.
The applicant shall submit a Façade Plan and Material Sample
Board for each structure at the time of Site Plan submission and is
subject to the approval of the Director of Development Services.
3. The conceptual elevations in Exhibit F are intended to evoke a
general look and feel of the architecture of the various land use
types. Changes to materials and architectural elements are
permitted so long as the building elevations adhere to the design
guidelines outlined in the Design Guidelines of this Exhibit C. The
Mixed-Use Zone should offer architectural diversity between
buildings, with each structure contributing its own unique flair that
blends styles, materials, and artistic expressions in this dynamic
arts district.
4. Structured Garages. Any elevation or portion of an elevation of a
structured garage that is not wrapped by a building or is visible from
Dallas Parkway/Tollway shall have architectural styles and
materials compatible with the adjacent or attached structure to
ensure the exposed structured garage elevation gives the
appearance of a building rather than a blank parking garage.
Cladding, murals, or other artistic expressions shall be used to
enhance the overall architectural character of the structured
garage.
ii. Design Guidelines.
1. All buildings shall be a minimum of eighty percent (80%) primary
materials, excluding windows and doors on each building elevation.
The remaining twenty percent (20%) of each building elevation may
be comprised of secondary materials.
2. Primary materials shall include metal composite material (examples
include, but not limited to Centria and Alucobond), steel plate, clay
fired brick, natural and manufactured stone, granite, marble, and
carbon.
3. Fiber cement panel is a secondary material.
4. Stucco is a secondary material. Stucco is not permitted on the first
floor of any building. The total area of stucco shall not exceed ten
percent (10%) of the total building elevation area.
5. All materials and exterior colors shall be compatible throughout the
development.
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6. Horizontal and vertical building articulation is required on all
elevations. This may be achieved through recessed or projected
architectural elements, variations in roof line, etc.
7. No single finish shall cover more than eighty (80) percent of the
front of any building.
8. Storefronts on façade treatments that span multiple tenants shall
use architecturally compatible materials, colors, details, awning
signage, and lighting fixtures. Retail ground floor shall have
windows covering a minimum of 60% of the major street and/or
public-realm fronting façade(s).
9. Architectural elements should tie into and play off of the historical
features throughout the Town of Prosper, including but not limited
to the silos and windmills to ensure this development feels
connected to the Town as a whole. Modern elements and artistic
expression may be used to play off of the historic theme of Prosper.
7. Sidewalks. Sidewalks adjacent to the fronts of primary buildings, along drive aisles
and parking rows, shall be a minimum fifteen (15) feet in width and may include
tree wells, landscape beds/plantings, and enhanced pavement.
8. Screening and Retaining Walls.
i. Service, Mechanical and Utility Equipment.
1. All service, mechanical and/or utility equipment, including
transformers, shall be completely screened from public view by
architectural screens, masonry screening walls, and/or
landscaping.
2. When possible, all service areas and mechanical equipment shall
be located at the rear of the building and out of view of the
roadways.
ii. Screening and retaining walls shall be finished with a masonry veneer
compatible with the materials of the surrounding development.
9. Landscape Buffers. A minimum of a twenty-five (25) foot landscape buffer is
required along Prosper Trail, minimum of a twenty-five (25) foot landscape buffer
is required along Shawnee Trail, and a minimum thirty (30) foot buffer is required
along Dallas Parkway.
G. Useable Open Space and Trails.
Usable open space is to be laid out in a way that provides equal access to both the Multifamily
Zone and Mixed-Use Zone.
1. Useable Open Space.
i. A minimum of 15% of the property (35.68 acres) is required to be open
space which will be provided through the entire development.
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Case No. ZONE-24-0001
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ii. A minimum 30% of the Multifamily Zone area is required to be open space.
At least one-third of this open space is to be within the boundary of the
Multifamily Zone. The remaining two-thirds of the required minimum open
space for the Multifamily Zone is included as part of the entire project, can
be located in the Mixed-Use Zone, and will require an easement, shared
property right, or other form of agreement through the property owners
association to be determined in later planning or development stages.
iii. Any use of the floodplain as open space shall be approved by the Director
of Engineering Services.
iv. This space may include detention and floodplain areas. No more than
(60%) of the useable open space can be detention or within the floodplain.
v. Useable open space shall be a minimum of 35 feet in width, unless
otherwise approved by the Director of Development Services, or his/her
designee.
vi. Useable open space in the floodplain shall include walking trails,
sculptures/artwork, benches, and other amenities as outlined in item viii.
vii. Buildings shall face and/or side to the open space to the greatest extent
possible to provide pedestrian access and areas of congregation along the
open space.
viii. A minimum of six (6) amenities shall be provided within the open space and
shall be approved by the Director of Development Services. Examples
include:
1. Outdoor fitness stations
2. Durable shade structure such as a pavilion or pergola
3. Sport court
4. Fire pits and lounging areas
5. Water features, including fountains and ponds outside the detention
area
6. Any other similar improvement approved by the Director of
Development Services or his/her designee.
2. Trails.
i. All trails shall comply with the Hike & Bike Master Plan.
ii. A ten -foot (10’) trail is required along Dallas Parkway and Prosper Trail, and
a six-foot (6’) sidewalk is required along all other public roadways.
iii. Trails within the development shall connect to the trails along the roadways.
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Case No. ZONE-24-0001
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3. Planting Standards.
i. One (1) – Four (4) in caliper evergreen tree shall be planted per thirty (30)
feet of linear open space area. These trees shall be planted in groups with
appropriate spacing for species.
ii. One (1) – Three (3) inch caliper ornamental tree shall be planted per thirty
(30) linear feet of open space area. These trees may be planted in groups
with appropriate spacing for species.
iii. A minimum of fifteen (15) shrubs with a minimum size of five (5) gallons
each shall be planted per thirty (30) linear feet of open space area. These
shrubs may be planted in groups with appropriate spacing for species.
iv. It is intended that all plant types promote a natural landscape. Where
possible, the planting shall be in accordance with the general planting style.
Drought tolerant and/or native plants from the Town’s approved plant list
are required for compliance. Other species may be utilized with approval
from the Town as part of the Site Plan process.
v. All landscape areas to be kept free of weeds, invasive plant species, and
trash
H. Detention/Retention.
Detention located within the Floodplain must meet all Town of Prosper, FEMA and all other
applicable regulations. The proposed man-made water feature, located in the approximate
location of the existing creek bed, will be sized to accommodate the proposed development
on both sides as shown on the Conceptual Plan.
I. Public Art.
An amount of not less than twenty-four (24) public art installations shall be included throughout
the entire project. Approximate locations for public art are denoted on Exhibit D, which
includes locations at significant entry points into the development along the Tollway. The
Director of Development Services shall determine the location and types of public art.
J. Phasing.
Phase 1A:
• Site-wide infrastructure for all 34 Acres
• Hotel Carbon
o 144 Rooms (Only for Hotel Guests)
o 12 Social Spaces (Primarily for Hotel Guests but available to the public as
Event/Meeting Rental Space)
o Performance Center (Open to the Public – Leased to a 3rd Party Operator)
o Conference Center (Open to the Public)
o Streaming & eSports Center (Open to the Public – Leased to a 3rd Party
Operator)
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Item 10.
Case No. ZONE-24-0001
Page 14 of 15
o Retail Operations (Open to the Public – Leased to a 3rd Party Operator)
o Restaurants
Protein Bar (Open to the Public)
Sports Bar (Open to the Public)
Food Hall (Open to the Public)
• XO2 Tower
o Luxury Condo residences (specialized for medical recovery)
o 1 floor of Retail Flex Space
o 3 floors of leased medical and out-patient office
o Rooftop workout and relaxation facility
• Outdoor Recreation Area
o Soccer field
o Running track
o Covered sports pavilion
o Enclosed multi-sport court
• Mixed-Use Zone Parking Garage
Phase 1B:
• Multifamily Zone
Triggers:
Phase 1B Multifamily shall not begin construction until a foundation is poured in Phase
1A for one of the two hotel buildings (i.e. Hotel Carbon or the XO2 Tower).
The man-made water feature shall be approved by the Town before a permit can be
received for the Multifamily development.
Phase 2:
• Mixed-Use retail and multi-family
• Theater
• Reception Facility
• Retail on the southeast quadrant
Triggers:
The multifamily component within Phase 2 shall not obtain a building permit until a
Certificate of Occupancy is issued for the first hotel building and foundation poured for
the second hotel building.
The retail portion of Phase 2 shall be built with the other components of this phase.
Phase 3:
• Hotel Voz on the far west
o 4-diamond hotel status
o Luxury pods called Hako that will be complementary to the 4-diamond Hotel
Voz
• Retail in the southwest quadrant
Phase 4:
• Office on Dallas Parkway
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Item 10.
Case No. ZONE-24-0001
Page 15 of 15
A phasing diagram for the entire development is depicted below.
Page 139
Item 10.
28.901 Acres
( 1,258,926 S.F.)
6.777 Acres
( 295,190 S.F.)
Zoning:
Mixed-Use Zone
Zoning:
Multifamily Zone
Hotel w/ Retail Amenities
Hotel
Hotel & Medical Office
Reception
Facility
Retail Retail
Retail
Retail
Retail
Retail/Office
Retail/Multifamily
Retail
Multifamily
Hotel
Office
Retail
Theater
Multifamily
Multifamily Multifamily
Parking
Garage
Retail/Multifamily
Retail/Multifamily
Parking Garage
LOCATION MAP
1" = 2500'
S
N
W E
EXHIBIT D CONCEPTUAL PLAN
PROSPER ARTS DISTRICT
2,047,881 SQ. FEET OR 47.013 ACRES (GROSS)
1,554,116 SQ. FEET OR 35.678 ACRES (NET)
OF LAND OUT OF THE
COLLIN COUNTY SCHOOL LAND #12 SURVEY
ABSTRACT NO. 147, TRACT 74
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
PROJECT NO. ZONE-24-0001
OWNER / APPLICANT
Prosper Tollway Avenues 35, LP
5 Cowboys Way, #300
Frisco, TX 75034
Telephone: (630) 987-9275
Contact: Satya Donepudi
ENGINEER
Spiars Engineering, Inc.
501 W. President George Bush Hwy, Suite 200
Richardson, TX 75080
Telephone: (972) 422-0077
TBPELS No. F-2121 And No. F-10043100
Contact: Mike Martinie
Page 140
Item 10.
EXHIBIT E
DEVELOPMENT SCHEDULE
The phasing and development of this project is dependent upon market conditions and the
construction of the Dallas North Tollway and Prosper Trail. Upon initiation of development, the
project is expected to be completed in four (4) phases. The following is the anticipated
construction schedule:
Phase 1A:
• Site-wide infrastructure for all 34 Acres
• Hotel Carbon
o 144 Rooms (Only for Hotel Guests)
o 12 Social Spaces (Primarily for Hotel Guests but available to the public as
Event/Meeting Rental Space)
o Performance Center (Open to the Public – Leased to a 3rd Party Operator)
o Conference Center (Open to the Public)
o Streaming & eSports Center (Open to the Public – Leased to a 3rd Party
Operator)
o Retail Operations (Open to the Public – Leased to a 3rd Party Operator)
o Restaurants
Protein Bar (Open to the Public)
Sports Bar (Open to the Public)
Food Hall (Open to the Public)
• XO2 Tower
o Luxury Condo residences (specialized for medical recovery)
o 1 floor of Retail Flex Space
o 3 floors of leased medical and out-patient office
o Rooftop workout and relaxation facility
• Outdoor Recreation Area
o Soccer field
o Running track
o Covered sports pavilion
o Enclosed multi-sport court
• Mixed-Use Zone Parking Garage
Phase 1B:
• Multi-Family Zone
Triggers:
Phase 1B Multifamily shall not begin construction until a foundation is poured in
Phase 1A for one of the two hotel buildings (i.e. Hotel Carbon or the XO2 Tower).
The man-made water feature shall be approved by the Town before a permit can be
received for the Multifamily development.
Phase 2:
• Mixed-Use retail and multi-family
• Theater
• Reception Facility
• Retail on the southeast quadrant
Page 141
Item 10.
Triggers:
The multifamily component within Phase 2 shall not obtain a building permit until a
Certificate of Occupancy is issued for the first hotel building and foundation poured
for the second hotel building.
The retail portion of Phase 2 shall be built with the other components of this phase.
Phase 3:
• Hotel Voz on the far west
o 4-diamond hotel status
o Luxury pods called Hako that will be complementary to the 4-diamond Hotel
Voz
• Retail on the southwest quadrant
Phase 4:
• Office on Dallas Parkway
Page 142
Item 10.
The imagery shown in this Exhibit F are intended to evoke a general look and feel for the architecture. Detailed material/style plans along with facade plans/elevations must be submitted at the time
of Preliminary Site Plan and/or Site Plan approval.
PROPSPER ARTS DISTRICT Exhibit F (Page 1 of 4)
Elevations
ZONE-24-0001
3/8/2024
EXHIBIT F - CONCEPTUAL ELEVATIONS : RETAIL
Page 143
Item 10.
The imagery shown in this Exhibit F are intended to evoke a general look and feel for the architecture. Detailed material/style plans along with facade plans/elevations must be submitted at the time
of Preliminary Site Plan and/or Site Plan approval.
PROPSPER ARTS DISTRICT Elevations
ZONE-24-0001
3/8/2024 Exhibit F (Page 2 of 4)
EXHIBIT F - CONCEPTUAL ELEVATIONS : HOTEL
Page 144
Item 10.
The imagery shown in this Exhibit F are intended to evoke a general look and feel for the architecture. Detailed material/style plans along with facade plans/elevations must be submitted at the time
of Preliminary Site Plan and/or Site Plan approval.
PROPSPER ARTS DISTRICT Elevations
ZONE-24-0001
3/8/2024 Exhibit F (Page 3 of 4)
EXHIBIT F - CONCEPTUAL ELEVATIONS : MULTIFAMILY
Page 145
Item 10.
The imagery shown in this Exhibit F are intended to evoke a general look and feel for the architecture. Detailed material/style plans along with facade plans/elevations must be submitted at the time
of Preliminary Site Plan and/or Site Plan approval.
PROPSPER ARTS DISTRICT Elevations
ZONE-24-0001
3/8/2024 Exhibit F (Page 4 of 4)
EXHIBIT F - CONCEPTUAL ELEVATIONS : OFFICE
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Item 10.
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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 Arts District
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 3. Commercial Corridors are ready for Development
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between Prosper Tollway Avenues 35, L.P., and the Town of Prosper relative to Prosper Arts
District.
Description of Agenda Item:
On May 28, 2024, the Town Council approved the proposed Planned Development for Prosper
Arts District. A Development Agreement has been prepared accordingly and signed by the
applicant.
The ordinance for this Planned Development (ZONE-24-0001) is also on the June 11, 2024, Town
Council agenda for consideration.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Development Agreement
Town Staff Recommendation:
Town Staff recommends that the Town Council authorize the Town Manager to execute a
Development Agreement between Prosper Tollway Avenues 35, L.P., and the Town of Prosper
relative to Prosper Arts District.
PLANNING
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Item 11.
Page 2 of 2
Proposed Motion:
I move to authorize/not authorize the Town Manager to execute a Development Agreement
between Prosper Tollway Avenues 35, L.P., and the Town of Prosper relative to Prosper Arts
District.
Page 148
Item 11.
Page 1 of 18
PROSPER ARTS DISTRICT DEVELOPMENT AGREEMENT
THIS PROSPER ARTS DISTRICT DEVELOPMENT AGREEMENT (“Agreement”)
is entered into by and between the Town of Prosper, Texas (“Town”), and Prosper Tollway
Avenues 35, L.P. (“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 a project in the Town known as the Prosper
Arts District (“Property”), a legal description of which Property is attached hereto as
Exhibit A and incorporated by reference; and
WHEREAS, the Property was rezoned by the Town Council on or about June 11,
2024, 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 said 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. Development Standards. For any structure built on the Property
following the Effective Date, it shall comply with the requirements contained in Exhibit B,
“Building Materials,” attached hereto and incorporated herein. The Parties agree and
acknowledge that the provisions of this Paragraph shall apply to any 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
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Item 11.
Page 2 of 18
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 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 7 of this
Agreement, and any obligations referenced in said Paragraph 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. Periodic Review of the Property’s Zoning by the Town Council. The
Town Council reserves the right to periodically review the progress and/or scope of
development of the Property pursuant to the terms of any zoning regulations applicable
to the Property, and in the event any amendment(s) or revision(s) to said zoning
regulations are deemed reasonably appropriate and have the written approval of the
Developer, the Town may provide appropriate notices for Town consideration of same,
pursuant to the provisions of Chapter 211 of the Texas Local Government Code, as
amended, and the Town’s Zoning Ordinance, as amended.
4. 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, as 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
Page 150
Item 11.
Page 3 of 18
shops; and (8) business entities which primarily utilize outdoor storage or displays.
Additionally, 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.
5. Issuance of Building Permit by June 11, 2029. Pursuant to this
Agreement, Developer agrees and acknowledges that it must receive a building permit from
the Town for the construction of Hotel Carbon, the XO2 Tower or the Mixed Use Parking
Garage on or before June 11, 2029, and in the event Developer has not received such
building permit from the Town on or before June 11, 2029, this Agreement shall be null and
void, and of no further force or effect, and the Parties further agree and acknowledge that
the Town may institute rezoning of the Property .
6. 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.
7. 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.
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.
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Item 11.
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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
Prosper, Texas 75078
Attention: Town Manager
If to Developer: Prosper Tollway Avenues 35, L.P.
5 Cowboys Way St.
300 Frisco, Texas 75034
Attention: Krishna Nimmagadda
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
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hereby authorizes the Town Manager of the Town to execute this Agreement on behalf
of the Town.
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. 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 a 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. A copy of each assignment shall be provided 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, the
assigning party will be released from any rights and obligations under this Agreement as
to the Property that is the subject of such assignment, effective upon receipt of the
assignment by the Town. No assignment by 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 consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
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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.
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.
25. Waiver of Texas Government Code § 3000.001 et seq. With respect to
any and all Structures to be constructed on the Property pursuant to this Agreement,
Developer hereby waives any right, requirement or enforcement of Texas Government
Code §§ 3000.001-3000.005, as amended.
28. 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.
29. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated pursuant to this Agreement, whether in fee simple
or otherwise, to the Town relative to any development on the Property is roughly
proportional to the need for such land and Developer hereby waives any claim therefor
that it may have. Developer further acknowledges and agrees that all prerequisites to
such a determination of rough proportionality have been met, and that any costs
incurred relative to said donation are related both in nature and extent to the impact of
the development referenced herein. Both Developer and the Town further agree to
waive and release all claims one may have against the other related to any and all rough
proportionality and individual determination requirements mandated by the United
States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny,
as well as any other requirements of a nexus between development conditions and the
provision of roadway services to the Property.
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30. Exactions/Infrastructure Costs. Developer has been represented by
legal counsel in the negotiation of this Agreement and been advised or has had the
opportunity to have legal counsel review this Agreement and advise Developer,
regarding Developer’s rights under Texas and federal law. Developer hereby waives
any requirement that the Town retain a professional engineer, licensed pursuant to
Chapter 1001 of the Texas Occupations Code, to review and determine that the
exactions required by the Town 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; however, notwithstanding the
foregoing, 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.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Mario Canizares
Title: Town Manager, Town of Prosper
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:
_________________
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EXHIBIT A
(Property Description & Depiction)
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EXHIBIT B
(Building Materials)
Multifamily Zone:
1. Architectural and Material Standards.
i. Review and Approval Process.
1. Conceptual Architectural and Material Standards.
The applicant shall submit a detailed materials and style plan
along with sample elevations and renderings to define the
architectural character of the property. This shall be
submitted at the time of Preliminary Site Plan submission
and is subject to the approval of the Director of Development
Services.
2. Final Architectural and Material Standards.
The applicant shall submit a Façade Plan and Material
Sample Board for each structure at the time of Site Plan
submission and is subject to the approval of the Director of
Development Services.
3. The conceptual elevations in Exhibit F are intended to evoke
a general look and feel of the architecture of the various land
use types. Changes to materials and architectural elements
are permitted so long as the building elevations adhere to the
design guidelines outlined in the Design Guidelines of this
Exhibit.
ii. Design Guidelines.
1. All buildings shall be a minimum of eighty percent (80%)
primary materials, excluding windows and doors on each
building elevation. The remaining twenty percent (20%) of
each building elevation may be comprised of secondary
materials.
2. Primary materials shall include metal composite material
(examples include, but not limited to Centria and Alucobond),
steel plate, clay fired brick, natural and manufactured stone,
granite, and marble.
3. Fiber cement panel is a secondary material.
4. Stucco is a secondary material. Stucco is not permitted on
the first floor of any building. The total area of stucco shall
not exceed ten percent (10%) of the total building elevation
area.
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5. The style of all buildings must be consistent and in keeping
with the style of the entire Multifamily Zone.
6. All materials and exterior colors shall be compatible with
those used throughout the development.
7. Horizontal and vertical building articulation is required on all
elevations. This may be achieved through recessed or
projected architectural elements, variations in roof line, etc.
8. No single finish shall cover more than eighty (80) percent of
the front of any building.
Mixed-Use Zone:
1. Architectural and Material Standards.
i. Review and Approval Process.
1. Conceptual Architectural and Material Standards.
The applicant shall submit a detailed materials and style
plan along with sample elevations and renderings to define
the architectural character of the property. This shall be
submitted at the time of Preliminary Site Plan submission
and is subject to the approval of the Director of
Development Services.
2. Final Architectural and Material Standards.
The applicant shall submit a Façade Plan and Material
Sample Board for each structure at the time of Site Plan
submission and is subject to the approval of the Director of
Development Services.
3. The conceptual elevations in Exhibit F are intended to evoke
a general look and feel of the architecture of the various land
use types. Changes to materials and architectural elements
are permitted so long as the building elevations adhere to
the design guidelines outlined in the Design Guidelines of
this Exhibit. The Mixed-Use Zone should offer architectural
diversity between buildings, with each structure contributing
its own unique flair that blends styles, materials, and artistic
expressions in this dynamic arts district.
4. Structured Garages. Any elevation or portion of an elevation
of a structured garage that is not wrapped by a building or
is visible from Dallas Parkway/Tollway shall have
architectural styles and materials compatible with the
adjacent or attached structure to ensure the exposed
structured garage elevation gives the appearance of a
building rather than a blank parking garage. Cladding,
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murals, or other artistic expressions shall be used to
enhance the overall architectural character of the structured
garage.
ii. Design Guidelines.
1. All buildings shall be a minimum of eighty percent (80%)
primary materials, excluding windows and doors on each
building elevation. The remaining twenty percent (20%) of
each building elevation may be comprised of secondary
materials.
2. Primary materials shall include metal composite material
(examples include, but not limited to Centria and Alucobond),
steel plate, clay fired brick, natural and manufactured stone,
granite, marble, and carbon.
3. Fiber cement panel is a secondary material.
4. Stucco is a secondary material. Stucco is not permitted on
the first floor of any building. The total area of stucco shall
not exceed ten percent (10%) of the total building elevation
area.
5. All materials and exterior colors shall be compatible
throughout the development.
6. Horizontal and vertical building articulation is required on all
elevations. This may be achieved through recessed or
projected architectural elements, variations in roof line, etc.
7. No single finish shall cover more than eighty (80) percent of
the front of any building.
8. Storefronts on façade treatments that span multiple tenants
shall use architecturally compatible materials, colors, details,
awning signage, and lighting fixtures. Retail ground floor
shall have windows covering a minimum of 60% of the major
street and/or public-realm fronting façade(s).
9. Architectural elements should tie into and play off of the
historical features throughout the Town of Prosper, including
but not limited to the silos and windmills to ensure this
development feels connected to the Town as a whole.
Modern elements and artistic expression may be used to
play off of the historic theme of Prosper.
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Exhibit F
(Conceptual Elevations)
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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 – June 11, 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 June 4, 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-23-0225 – Hunter Gateway Centre, Block A, Lot 3 (Approved 5-0)
2. DEVAPP-24-0037 – Prosper School Church Addition, Block A, Lot 1R (Approved 5-0)
Town Staff Recommendation:
Town Staff recommends the Town Council take no action on this item.
Proposed Motion:
N/A
PLANNING
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Item 12.
LANDSCAPE EASEMENTVOL. 5897, PG. 1689D.R.C.C.T.LANDSCAPE EASEMENTVOL. 5897, PG. 1689D.R.C.C.T.25' UTILITY EASEMENTDOC. NO. 20060411000483250O.P.R.C.C.T.75' PERMANENTPIPELINE EASEMENTVOL. 5168, PG. 2935D.R.D.C.T.30' LANDSCAPE &SIDEWALK EASEMENTDOC. NO. 2011-150P.R.C.C.T.20' LANDSCAPE &SIDEWALK EASEMENTDOC. NO. 2011-150P.R.C.C.T.30' MUTUAL ACCESS &FIRE LANE EASEMENTDOC. NO. 2011-150P.R.C.C.T.15' DRAINAGE EASEMENTDOC. NO. 2011-150P.R.C.C.T.DRAINAGE & WATER EASEMENTDOC. NO. 2011-150 P.R.C.C.T.10' STREET EASEMENTDOC. NO. 2011-150P.R.C.C.T.25' UTILITY EASEMENTDOC. NO. 20060411000483250 O.P.R.C.C.T.LOT 7, BLOCK AHUNTER GATEWAY0.922 AC (40,147 SF)ADD. (2011-150)LAND USE: DETENTIONZONING: PD-2LAND USE: 7-ELEVENZONING: PD-2LOT 6, BLOCK AHUNTER GATEWAY0.892 AC (38,843 SF) ADD. (2011-150)LAND USE:UNDEVELOPEDZONING: PD-224' MUTUAL ACCESS & FIRELANE EASEMENT DOC. NO.2011-150 P.R.C.C.T.LOT 4, BLOCK AHUNTER GATEWAY1.05 AC (48,852 SF) ADD. (2011-150)LOT 8R, BLOCK AHUNTER GATEWAY5.427 AC (236,413 SF)LAND USE:UNDEVELOPEDZONING: PD-224' MUTUAL ACCESS & FIRE LANEEASEMENT DOC NO. 2011-150P.R.C.C.T.- TO BE ABANDONED BY PLAT 15' DRAINAGEEASEMENTCONCRETEHEADWALLCONCRETEHEADWALLEX. 36" RCPEX. 48" RCPEX.
18"
RCPEX.
24"
RCPEX. CONC.HEADWALLEX. CONC. PILOT CHANNELEX. 36" RCP
EX. 36" RCP
EX. 36" RCPEX. ONE-STORY
BUILDING TBM 729.26EX. CANOPYEX. 8" HDPEEX. 8" HDPECONC. RET. WALLEX. 8" HDPEEX. 12" HDPEEX. TRENCH DRAINEX. 18" HDPEEX. 2" FIBER CONDUITSDRAINAGE &DETENTION EASEMENTDOC. NO. 2011-150P.R.C.C.T.DRAINAGE & UTILITY EASEMENTDOC. NO. 2011-150 P.R.C.C.T.30' FIRE LANE, MUTUAL ACCESSDRAINAGE & UTILITY EASEMENTDOC. NO. 2011-150 P.R.C.C.T.EX. 36" RCPEX. SIDEWALKEX. SIDEWALK 12NEW EXTENSION OF SIDE WALK9'-0"20'-0"PROPERTY LINEPROPERTY LINEPROPERTY LINE15' DRAINAGE EASEMENT15'-0"5'-0" SIDE WALKONE STOREYRETAIL SHELL BLDG.6,579 SQ. FT.FFE: 727.0'675' PERMANENTPIPELINE EASEMENT24' MUTUAL ACCESS &FIRE LANE EASEMENT9'-0"9'-0"8'-7"142'-8"N 00°26'14" W 276.00'
S 00°26'14" E 276.00'N 89°33'46" W 132.46'S 89°33'46" W 132.46'30'-0"EXISTING F.H.EXISTING F.H.NEW PROPOSEDFIRE HYDRANTSPRINKLERRISER ROOMLOT 1R, BLOCK AHUNTER GATEWAY1.98 AC (86,360 SF)LAND USE:UNDEVELOPEDZONING: PD-2PROPOSED PEDESTRIANCROSSINGEXISTING SIDEWALKNEW SIDEWALK15'-0"PROPERTY LINEPROPOSEDLOCATION FORWATER & IRR.METER5' LANDSCAPEBUFFER5'-0"R50'-0"TEMPORARY 50'-0" RADIUSFIRE DEPT TURNINGEASEMENT CONSTRUCTEDWITH CONCRETE PAVEMENTFH5' LANDSCAPEBUFFER30'-0"75'-0"25'-0"75' PERMANENTPIPELINE EASEMENT30' FIRE LANE, MUTUALACCESS DRAINAGE &UTILITY EASEMENT24'-0"NEW F.H.FH14ENHANCED LANDSCAPEIN THIS AREAENHANCED LANDSCAPEIN THIS AREANEED 5 FEET CLEARLANDSCAPE SPACEFROM PROPERTY LINETO CURB5'-0"5'-0" SIDEWALK9'-0"9'-0"15'-0"2'-8"23'-3 1/2"18'-0"27'-3"90'-6"31'-6"43'-11"PROPOSEDFDC LOCATION10'-0"MIN.9'-0"18'-0"NO LANDSCAPING TO BEPROVIDED WITHIN 2'-0"OF THE CURBDISCRETIONARY NOTE: IF THE ADJACENTSITE IS NOT UNDER CONSTRUCTION ATTHE TIME OF CO, THEN A 30'-0" RADIUSAND TURNAROUND WILL BE REQUIREDAT THIS LOCATION5'-0"11'-0
"12'-2"5' MIN. LANDSCAPEBUFFER AROUND THEDUMPSTERSIDEWALK2'-0"4'-1 1/2"4'-9 1/2"4'-9 1/2"5'-0"2' OVERHANG7'-0"7'-6"2'-0"24'-0"7'-0"7'-0"18'-0"18'-0"2'-0"4'-9 1/2"4'-1 1/2"10'-0"BUILDING SET BACK100'-0"BUILDINGSET BACK43'-11 1/2"24'-0"OVERHANGSPACEPROPERTY LINE10' BUILDIGNSETBACK10' FEET BUILDING SETBACKU.S. HIGHWAY NO. 380(VARIABLE WIDTH ROW)128'-6"
LA CIMA BLVD.(VARIABLE WIDTH ROW)RETAIL SHELL BUILDING SITE PLAN SCALE: 1" = 30'-0"1A1.01A1.01SITE PLANTRUE NORTHSITE DATA SUMMARY TABLE:ZoningProposed Use:Lot Area (S.F. & Acres)Building AreaBuilding Height & # of StoriesFloor Area Ratio:Total Parking Required (with Ratio) Total Parking ProvidedHandicap Parking Required, including van-accessiblePD-2Retail Building6,579 Sq. Ft. 36,554 Sq. Ft. (0.84 acres)20'-10"26 Spaces (@ 1:250 sq. ft.)322 Spaces0.47:1LOCATION MAPOWNER:La Cima Investments, LLC.422 Desert Willow Lane,Murphy, TX 75094Phone: (972) 890-8738Contact: Vishnu PatelTRUE NORTHSITE LOCATION:Intersection of U.S. Highway 380 &La Cima Blvd, Prosper, TX Block A, LOT 3Hunter Gateway CentreVol. 2019, PG. 12P.R.C.C.T.0.84 Acres, 36,554 Sq. Ft.TOWN PROJECT #: DEVAPP-23-0225DATE: 04/09/2024Site LocationHandicap Parking Provided, including van-accessibleInterior Landscaping RequiredInterior Landscaping Provided Square footage of Impervious SurfaceOpen space RequiredOpen Space ProvidedLot Coverage19.7%2 Spaces2,5619,78127,410 Sq. Ft.2,561 Sq. Ft. (7% of Lot)8,566 Sq. Ft. (23% of Lot)RK PATEL DESIGN &
PLANNING, LLC
OWNER: PROJECT MANAGER
Benjamin Cortez, AIA
PROJECT ARCHITECT
SHELL RETAIL BUILDING
1501 E. University Drive,
Prosper, Texas 75078
La Cima Investments, Inc.
422 Desert Willow Lane,
Murphy, Texas 75094APPLICANT:RK Patel Design & Planning, LLC4908 Carmel Place,Colleyville, TX 76034Phone: (682) 365-0300Email: rkpateldesign@gmail.comContact: Chet Patel0SCALE: 1" = 30'-0"3.75'7.5'15'30'60'SITE PLAN CHECKIST GENERAL NOTES(APPLICABLE WHEREVER THE SUBJECT MATTER OCCURS, THROUGHOUT THE PROJECT)METER SCHEDULE:WATERIRRIGATION(1)-1 1/2" DEADHEAD DOMESTIC WATERMETER W/ TYPE B METER BOX(1)-1" DEADHEAD IRRIGATION METER W/BACKFLOW PREVENTER1) 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) ANDWITH 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 SUMMARYTABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONALIMPACT 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 THEPRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUSTHAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOTAPPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL ISONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BENULL AND VOID.8) OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULARPAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS,SIDEWALKS*, AND DETENTION PONDPage 168Item 12.
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SITE PLANDEVAPP 24-0037PROSPER SCHOOL CHURCH ADDITIONBLOCK A, LOT 1R 26.056 acres1,134,928 square feetsituated inTOWN OF PROSPER, DENTON COUNTY, TEXASL. HETHERLY SURVEY, ABSTRACT NO. 962Page 169Item 12.
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: Planned Development Ordinance for Prosper Arts District
Town Council Meeting – June 11, 2024
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Conduct a Public Hearing to consider and act upon an ordinance amending Chapter 3, Sections
1 and 2, of the Town of Prosper Zoning Ordinance to add Commercial Drone Delivery Hub use,
standards, and definition. (ZONE-24-0010)
Future Land Use Plan:
Not Applicable.
Comprehensive Plan:
The proposed Ordinance fulfills the Comprehensive Plan goals to maintain and enhance the high
quality of life and small town feel currently available and expected by Prosper residents.
Zoning:
The proposal is a text amendment to the Town of Prosper Zoning Ordinance. Commercial Drone
Delivery Hub is only permitted by Specific Use Permit in three zoning districts: Commercial,
Commercial Corridor, and Industrial.
The following would apply to existing Planned Developments with a base zoning of Commercial,
Commercial Corridor, or Industrial:
(a) If the allowed uses are specifically listed in the development standards, a Commercial
Drone Delivery Hub would not be allowed.
(b) If the development standards do not specifically list the allowed uses but rather refer
back to those uses allowed in the base zoning district, then a Commercial Drone
Deliver Hub would be allowed by Specific Use Permit.
Thoroughfare Plan:
Not Applicable.
PLANNING
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Item 13.
Page 2 of 4
Parks Master Plan:
Not Applicable.
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 document as to form
and legality.
Attached Documents:
1. Ordinance
Description of Agenda Item:
In some surrounding municipalities, some retailers have provided drone delivery as an alternative
to driving to the store. Should this use be allowed in the Town of Prosper, certain criteria are
proposed to ensure its property development.
The purpose of this request is to add Commercial Drone Delivery Hubs to the Zoning Ordinance.
Two definitions will be added to define this use and the drone staging area, as follows:
Commercial Drone Delivery Hub – An area of land, structural surface, building, or structure with
one or more designated drone staging areas for use by unmanned aircraft, including but not
limited to those defined in Section 44801 of Title 49, United States Code, as amended, to
distribute commercial goods by air. This includes any appurtenant areas used or intended for use
for unmanned aircraft system buildings, structures, and other facilities.
Drone Staging Areas – A designated area over which an unmanned aircraft completes the final
phase of the approach, to a hover or a landing, and from which an unmanned aircraft initiates
take-off. The drone staging area includes both the launch pads and any required safety areas
and may include areas for the outdoor storage of goods, materials, containers, trailers or other
equipment.
A commercial drone delivery hub is allowed with a Specific Use Permit in the Commercial,
Commercial Corridor, and Industrial districts and when certain requirements are met. These
requirements are elaborated in this staff report.
When a detached accessory building is occupied or intended to be occupied for an accessory
commercial drone delivery hub, the floor area is limited to a maximum of 10% of the total floor
area of the building containing the primary use.
Drone Staging Areas:
The drone staging area must be designated on an approved site plan. The drone staging area
must not be placed:
i. Within any required building setbacks;
ii. Within any required landscape buffer;
iii. Within fire lanes, easements, maneuvering aisles, customer pick-up lanes, or required
loading zones and parking spaces; or
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Item 13.
Page 3 of 4
iv. So as to obstruct visibility or interfere with pedestrian or vehicle circulation.
When located at grade, any goods, materials, containers, trailers, or other equipment must be
screened according to the requirements for open storage contained in this Zoning Ordinance.
Landing pads are exempt from this screening requirement. The Planning & Zoning Commission
may waive these requirements with approval of a site plan.
When a drone staging area is on top of a building, any roof-mounted mechanical equipment,
excluding landing pads, is subject to the mechanical screening requirements of the Zoning
Ordinance. Any additional structure, parapet wall, screening, safety railing, or other appurtenance
associated with the commercial drone delivery hub is subject to the maximum height requirement
of the zoning district, except a single mast up to 10 feet in height for a windsock may exceed the
maximum height requirement.
Antennas:
Antennas and antenna support structures are subject to the requirements of the Zoning
Ordinance.
Proximity to Noise-Sensitive Uses:
The drone staging area for a commercial drone deliver hub shall not be located within 300 feet of
any property upon which a dwelling, retirement housing facility or public park is located. The 300-
foot buffer requirement may be reduced to 150 feet if the Town Council finds that issuance of the
Specific Use Permit would not be detrimental or injurious to the public health, safety, or general
welfare of the neighborhood.
The measurement of the required buffer is to be made in a straight horizontal line from the edge
of the drone staging area to the closest property line of a property containing a dwelling, retirement
housing facility use, or public park.
Parking:
Parking is not required for an accessory commercial drone delivery hub use. Loading spaces
shall be provided for a commercial drone delivery hub pursuant to the requirements in the Zoning
Ordinance for commercial, commercial corridor, and industrial uses. Loading spaces are not
required for an accessory commercial drone delivery hub use.
The Planning & Zoning Commission may decrease the amount of required parking for a site by
up to 10% to accommodate the drone staging area for a commercial drone delivery hub with
approval of a site plan. The parking reduction is revoked if the commercial drone delivery hub use
is removed.
Additional Criteria:
Nothing within the criteria for Commercial Drone Delivery Hubs shall prohibit the inclusion of site-
specific standards or requirements, including those related to safety.
In the event of any conflict between this Ordinance and any state or federal law or regulation, the
state or federal law or regulation shall apply.
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Item 13.
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Town Staff Recommendation:
Town Staff recommends approval of an ordinance amending Chapter 3, Sections 1 and 2, of the
Town of Prosper Zoning Ordinance to add Commercial Drone Delivery Hub use, standards, and
definition.
Planning & Zoning Commission Recommendation:
The Planning & Zoning Commission recommended approval of this item by a vote of 5-0 at their
meeting on June 4, 2024.
Proposed Motion:
I move to approve/deny an ordinance amending Chapter 3, Sections 1 and 2, of the Town of
Prosper Zoning Ordinance to add Commercial Drone Delivery Hub use, standards, and definition.
Page 173
Item 13.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE BY AMENDING
EXISTING SUBSECTION 1.3(D), “TRANSPORTATION, UTILITY, AND
COMMUNICATIONS USES,” OF SUBSECTION 1.3, “SCHEDULE OF USES,”
OF SECTION 1, “USE OF LAND AND BUILDINGS,” OF CHAPTER 3,
“PERMITTED USES AND DEFINITIONS,” BY ADDING “COMMERCIAL
DRONE DELIVERY HUB” AS A PERMITTED USE WITH A SPECIFIC USE
PERMIT IN THE COMMERCIAL, “C,” COMMERCIAL CORRIDOR, “CC,” AND
INDUSTRIAL, “I,” ZONING DISTRICTS WITH CONDITIONAL DEVELOPMENT
STANDARDS; AMENDING EXISTING SUBSECTION 1.4, “CONDITIONAL
DEVELOPMENT STANDARDS,” OF SECTION 1, “USE OF LAND AND
BUILDINGS,” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS,” BY
ADDING CONDITIONAL DEVELOPMENT STANDARDS FOR ANY
“COMMERCIAL DRONE DELIVERY HUB” USE; AMENDING EXISTING
SUBSECTION 2.2 OF SECTION 2, “DEFINITIONS,” OF CHAPTER 3,
“PERMITTED USES AND DEFINITIONS,” BY ADDING A DEFINITION OF
“COMMERCIAL DRONE DELIVERY HUB”; PROVIDING FOR A PENALTY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, after public notice and public hearing as required by law, the Planning and
Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s
Zoning Ordinance to encompass those amendments as set forth herein; and
WHEREAS, after public notice and public hearing as required by law, and upon due
deliberation and consideration of the recommendation of said Planning and Zoning Commission
and of all testimony and information submitted during said public hearing, the Town Council of the
Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance
of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s
Zoning Ordinance as set forth herein.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
All of the above premises are hereby found to be true and correct legislative and factual
findings of the Town of Prosper, and they are hereby approved and incorporated into the body of
this Ordinance as if restated herein in their entirety.
SECTION 2
From and after the effective date of this Ordinance, existing Subsection 1.3(D),
“Transportation, Utility, and Communications Uses,” of Subsection 1.3, “Schedule of Uses,” of
Section 1, “Use of Land and Buildings,” of Chapter 3, “Permitted Uses and Definitions,” of the
Town’s Zoning Ordinance, is hereby amended by adding “Commercial Drone Delivery Hub” as a
permitted use with a specific use permit in the Commercial, “C,” Commercial Corridor, “CC,” and
Industrial, “I,” zoning districts with conditional development standards, to read as follows:
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Item 13.
Ordinance No. 2024- , Page 2
SECTION 1.3(D)
TRANSPORTATION,
UTILITY AND
COMMUNICATIONS
USES
Residential Districts Non-Residential Districts A - Agricultural SF – Single Family DTSF – Downtown TH - Townhome 2F – Two Family MF – Multifamily MH – Mobile Home O – Office DTO – Downtown NS – Neighborhood DTR – Downtown R – Retail DTC – Downtown C – Commercial CC – Commercial I – Industrial
Commercial Drone
Delivery Hub
51 51 51
SECTION 3
From and after the effective date of this Ordinance, existing Subsection 1.4, “Conditional
Development Standards,” of Section 1, “Use of Land and Buildings,” of Chapter 3, “Permitted
Uses and Definitions,” of the Town’s Zoning Ordinance, as amended, is hereby amended by
adding new Conditional Development Standards for “Commercial Drone Delivery Hubs,” to read
as follows:
“1.4 Conditional Development Standards
* * *
51. Commercial Drone Delivery Hubs
These regulations apply to a commercial drone delivery hub use.
a) Commercial Drone Delivery Hubs:
1) A commercial drone delivery hub is allowed with a specific use permit in
the C, CC and I districts when the requirements of this section are met.
2) When a detached accessory building is occupied or intended to be
occupied for an accessory commercial drone delivery hub, the floor area is
limited to a maximum of 10% of the total floor area of the building containing
the primary use.
b) Drone Staging Areas
1) The drone staging area must be designated on an approved site plan.
2) The drone staging area must not be placed:
i. Within any required building setbacks;
ii. Within any required landscape buffer;
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Item 13.
Ordinance No. 2024- , Page 3
iii. Within fire lanes, easements, maneuvering aisles, customer pick-
up lanes, or required loading zones and parking spaces; or
iv. So as to obstruct visibility or interfere with pedestrian or vehicle
circulation.
3) When located at grade, any goods, materials, containers, trailers, or other
equipment must be screened according to the requirements for open
storage contained in this Zoning Ordinance. Landing pads are exempt from
this screening requirement. The Planning & Zoning Commission may
waive these requirements with approval of a site plan.
4) When a drone staging area is located on top of a building:
i. Any roof-mounted mechanical equipment, excluding landing pads,
is subject to the mechanical screening requirements of this Zoning
Ordinance; and
ii. Any additional structure, parapet wall, screening, safety railing, or
other appurtenance associated with the commercial drone delivery
hub is subject to the maximum height requirement of the zoning
district, except a single mast up to 10 feet in height for a windsock
may exceed the maximum height requirement.
5) Antennas and antenna support structures are subject to the requirements
of this Zoning Ordinance.
6) Proximity to Noise-Sensitive Uses
i. The drone staging area for a commercial drone delivery hub shall
not be located within 300 feet of any property upon which a dwelling,
retirement housing facility, or public park is located. The 300-foot
buffer requirement may be reduced to 150 feet if the Town Council
finds that issuance of the specific use permit would not be
detrimental or injurious to the public health, safety, or general
welfare of the neighborhood.
ii. The measurement of the required buffer is to be made in a straight
horizontal line from the edge of the drone staging area to the closest
property line of a property containing a dwelling, retirement housing
facility use, or public park.
c) Parking and Loading
1) Parking is not required for an accessory commercial drone delivery hub
use.
2) Loading spaces shall be provided for a commercial drone delivery hub
pursuant to the requirements in the Zoning Ordinance for commercial,
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Item 13.
Ordinance No. 2024- , Page 4
commercial corridor, and industrial uses. Loading spaces are not required
for an accessory commercial drone delivery hub use.
3) The Planning & Zoning Commission may decrease the amount of required
parking for a site by up to 10% to accommodate the drone staging area for
a commercial drone delivery hub with approval of a site plan. The parking
reduction is revoked if the commercial drone delivery hub use is removed.
d) Nothing herein shall prohibit the inclusion of site-specific standards or
requirements, including those related to safety.
e) In the event of any conflict between this Ordinance and any state or federal law or
regulation, the state or federal law or regulation shall apply.”
SECTION 4
From and after the effective date of this Ordinance, Subsection 2.2 of Section 2,
“Definitions,” of Chapter 3, “Permitted Uses and Definitions,” of the Town’s Zoning Ordinance, is
hereby amended by adding definitions of “Commercial Drone Delivery Hub” and “Drone Staging
Area,” to read as follows:
“2.2
* * *
Commercial Drone Delivery Hub – An area of land, structural surface, building, or structure with
one or more designated drone staging areas for use by unmanned aircraft, including but not
limited to those defined in Section 44801 of Title 49, United States Code, as amended, to
distribute commercial goods by air. This includes any appurtenant areas used or intended for use
for unmanned aircraft system buildings, structures, and other facilities.
* * *
Drone Staging Area – A designated area over which an unmanned aircraft completes the final
phase of the approach, to a hover or a landing, and from which an unmanned aircraft initiates
take-off. The drone staging area includes both the launch pads and any required safety areas,
and may include areas for the outdoor storage of goods, materials, containers, trailers, or other
equipment.
* * *”
SECTION 5
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
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Item 13.
Ordinance No. 2024- , Page 5
SECTION 6
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 7
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of two thousand dollars ($2,000.00) for each offense.
SECTION 8
This Ordinance shall become effective from and after its adoption and publication as
required by law; however, the provisions of this Ordinance shall not be applicable to any
residential development or tract of land for which one or more final plats has been approved by
the Town as of the effective date of this Ordinance.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS DAY OF , 2024.
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 13.