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08.13.24 Town Council Regular Meeting PacketpREOWN OF SPER A Place Where Everyone Matters Welcome to the Prosper Town Council Meeting. Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, August 13, 2024 6:15 PM Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non -controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. Consider and act upon the minutes from the July 23, 2024, Town Council Work Session meeting. (MLS) 2. Consider and act upon the minutes from the July 23, 2024, Town Council Regular meeting. (MLS) Page 1 of 4 Page 1 3. Consider and act upon the minutes from the July 30, 2024, Town Council Work Session meeting. (MLS) 4. Receive the Quarterly Investment Report for June 30, 2024. (CL) 5. Consider and act upon authorizing the Town Manager to execute an audit engagement letter between Weaver and Tidwell, L.L.P., and the Town of Prosper, Texas, related to the fiscal year 2024 annual audit. (CL) 6. Consider and act upon an ordinance amending the Fee Schedule for Emergency Medical Services (EMS) rates. (SB) 7. Consider and act upon authorizing the Town Manager to execute documents for the emergency repairs of water supply pumps by Global Pump Solutions LLC estimated not to exceed $150,000. (CJ) 8. Consider and act upon authorizing the Town Manager to approve $600,000 in expenditures under the existing contract with WOPAC Construction, Inc., (WOPAC) Bid No. 2019-53-A, for miscellaneous concrete replacement and repair services. (CJ) 9. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Prosper Lower Pressure Plane Phase 2A project for $102,820. (PA) 10. Consider and act upon an ordinance amending Section 3.14.012(2)(H) of the Town's Code of Ordinances as it relates to Political Signs. (MLS) 11. Consider and act upon an ordinance amending Chapter 1, "General Provisions," of the Town of Prosper Code of Ordinances by adopting a new Article 1.11, "Downtown Prosper Entertainment District." (DH) 12. Consider and act upon an ordinance amending Chapter 6, "Health and Sanitation," of the Town of Prosper Code of Ordinances by amending the definitions of Article 6.03, "Maintenance of Property," and adding new Subsections (c) and (d) to Section 6.03.002, "Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter." (DH) 13. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on Preliminary Site Plans and Site Plans. (DH) CITIZEN COMMENTS The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a "Public Comment Request Form" and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. REGULAR AGENDA: Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. [ Page 2 of 4 Page 2 you wish to address the Council, please fill out a "Public Comment Request Form" and present it to the Town Secretary, preferably before the meeting begins.] Items for Individual Consideration: 14. Consider and act upon a request for the removal of an historic tree on Wandering Creek, Phase 1, on 48.9± acres, located on the south side of First Street and 335± feet east of Wildcat Way. (DH) 15. Consider and act upon a request for the removal of an historic tree on Legacy Gardens, Phases 3-4, on 136.1± acres, located on the southwest corner of Shawnee Trail and Frontier Parkway. (DH) 16. Consider and act upon authorizing the Town Manager to execute a Professional Service Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the creation of a Unified Development Code for an amount not to exceed $342,842. (DH) 17. Discuss and consider the submission of the Preliminary Fiscal Year 2024-2025 Budget. (CL) 18. Consider and act upon an ordinance establishing the tax year 2024 Certified Appraisal Roll. (CL) 19. Consider and act upon accepting submission of the tax year 2024, fiscal year 2024- 2025, no -new -revenue tax rate of $0.466941 per $100 taxable value, voter -approval tax rate of $0.522075 per $100 taxable value, and preliminary property tax rate of $0.505000 per $100 taxable value. (CL) 20. Consider and act upon a proposed fiscal year 2024-2025 Property Tax Rate. (CL) 21. Consider and act upon scheduling a public hearing on the fiscal year 2024-2025 Proposed Budget. (CL) 22. Consider and act upon scheduling a public hearing on the proposed fiscal year 2024- 2025 tax rate. (CL) 23. 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. Page 3 of 4 Page 3 Section 551.071 - To consult with the Town Attorney regarding BFS Real Estate LLC, et al., v. Town of Prosper, et al., pending in the 471 st Judicial District Court of Collin County, Texas, and all matters incident and related thereto; and discuss and consider anticipated litigation regarding contractual obligations. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, Community Engagement Committee, and the Downtown Advisory Committee, and all matters incident and related thereto. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, August 9, 2024, and remained so posted at least 72 hours before said meeting was convened. Michelle Lewis Sirianni, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary's Office at (972) 569-1073 at least 48 hours prior to the meeting time. Page 4 of 4 Page 4 PR.I�SPER A Place Where Everyone Matters Call to Order/ Roll Call. The meeting was called to order at 5:00 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Marcus E. Ray Deputy Mayor Pro-Tem Amy Bartley Councilmember Craig Andres Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director David Hoover, Development Services Director Suzanne Porter, Planning Manager Mary Branch, Health and Code Compliance Manager Chris Landrum, Finance Director Carrie Jones, Public Works Director Todd Rice, Communications & Media Relations Manager Stuart Blasingame, Fire Chief Doug Kowalski, Police Chief Items for Individual Consideration MINUTES Item 1. Prosper Town Council Work Session Prosper Town Hall — Council Chambers 250 W. First Street, Prosper, Texas Tuesday, July 23, 2024 1. Receive a Code Compliance update. (MB) Ms. Branch presented an overview of the Code Compliance Division and their responsibilities. She spoke about their current processes for handling a complaint or violation, a list of the most common code violations, partnerships with Collin County for Animal Control, their inspection processes for the multifamily registration program, and food safety inspections. She emphasized the importance of their educational and uniform approach to all those in the community. The Town Council discussed components of Code Compliance including handling noise complaints, what the department looks for in various inspection processes, signs, grandfathered items, and the inclusion of Homeowner's Associations. 2. Discussion of draft ordinances regarding the Downtown Entertainment District, Multifamily Zoning standards and inspections, vegetative growth and maintenance of sidewalks and curbs, and Unified Development Code proposal. (DH) Page 1 of 2 Page 5 Mr. Hoover presented a brief overview of the Entertainment District and defining the Downtown area, and density requirements as it relates to Multifamily Zoning standards and inspections. The Town Council discussed the differences between special events and non - special events as it relates to the Entertainment District, calculating percentages for the density requirements within Multifamily Zoning standards, and when a Planned Development (PD) can be amended based on these standards. Adjourn. The meeting was adjourned at 6:03 p.m. These minutes were approved on the 13' day of August 2024. ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED: David F. Bristol, Mayor Page 2 of 2 Page 6 I p Rt(S P E R. A Place Where Everyone Matters 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 Craig Andres Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Cameron Reeves Item 2. MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, July 23, 2024 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 Patterson, Assistant Finance Director David Hoover, Development Services Director Suzanne Porter, Planning Manager Dan Baker, Parks and Recreation Director Leslie Scott, Director of Library Services Carrie Jones, Public Works Director Todd Rice, Communications and Media Relations Manager Randall Gurney, Emergency Management Coordinator Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Jim Lugar with Life Journey Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. Announcements of recent and upcoming events. Councilmember Reeves made the following announcements: The summer season of the Mayor's Fitness Challenge is underway. Any type of exercise counts as fitness minutes. Turn in your tracking sheet by September 9 to earn a free t-shirt and entry into a drawing for a pair of Bluetooth Earbuds. Visit prospertx.gov/mayorsfitnesschallenge for more information. Page 1 of 5 Page 7 Applications are now being accepted through Friday, August 2 to serve on a Town's Board, Commission, or Committee. More information about the Board and Commissions application process, including an online application form, is available at prospertx.gov/boardandcommissions. Registration is now open for a variety of recreational sports, classes, and programs scheduled from August through December through our Parks and Recreation Department. Visit prospertx.gov/programs to explore all the details. Join us on Thursday, August 8 from 5:30 to 7:00 p.m. at The 407 Rec Center and Boyer Park as we celebrate five years of service to the Prosper community. There will be live music, lawn games, balloon artists, and bounce houses. Visit the Town's website for additional details. Tickets for Freedom Fest with Coffey Anderson go on sale Thursday, August 1 for the Saturday, September 7 event in Downtown Prosper. General Admission is free, but tickets must be reserved in advance. VIP tickets will also be available for purchase for those who would like to enjoy premium seating, exclusive amenities, and VIP parking access. Visit the Town's website for additional details. Presentations. Proclamation declaring the month of August 2024 as Gun Safety Awareness Month. (MLS) Mayor Bristol read and presented a Proclamation to Eric Gonzales and Kevin Greene with Cook Children's. 2. Recognize Leslie Scott, Director of Library Services for her years of dedicated service to the Town of Prosper. (RB) Mayor Bristol read and presented a Proclamation to Ms.Scott. 3. Recognize Prosper Fire Rescue for receiving the Storm Ready designation. (SIB) Chief Blasingame introduced Tom Bradshaw and Sarah Barnes with Fort Worth National Weather Service who recognized the Chief and Mr. Gurney on receiving their designation. 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 July 9, 2024, Town Council Work Session meeting. (MLS) 5. Consider and act upon the minutes from the July 9, 2024, Town Council Regular meeting. (MLS) 6. Consider acceptance of the June 2024 monthly financial report. (CL) 7. Consider and act upon authorizing the Town Manager to approve a purchase order to C & P Pump Services, Inc. in the amount of $64,417 for the repairs to the Page 2 of 5 Page 8 pump at Whitley Place Park and to execute documents related to the purchase. (DB) 8. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town's Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on Preliminary Site Plans and Site Plans. (DH) Councilmember Hodges made a motion to approve consent agenda items 4 through 8. Deputy Mayor Pro-Tem Bartley seconded the motion. Motion carried unanimously. CITIZEN COMMENTS Jack Dixon, 810 Long Valley Court, noted his support for firearm safety awareness and requested a safety program to be established. Items for Individual Consideration: 9. Consider all matters incident and related to the issuance and sale of "Town of Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2024", including the adoption of Ordinance 2024-49 authorizing the issuance of such obligations and establishing procedures and delegating authority for the sale and delivery of such obligations. (CL) Mr. Patterson introduced the item noting the proposed ordinance establishes parameters for the issuance of certificates of obligation for dedicated wastewater projects for an amount not to exceed $31,500,000. Mayor Pro-Tem Ray made a motion to adopt Ordinance 2024-49 authorizing the issuance and sale of "Town of Prosper, Texas Combination Tax and Surplus Revenue Certificates of Obligation, Series 2024", and approving all other matters related thereto. Deputy Mayor Pro-Tem Bartley seconded the motion. Motion carried unanimously. 10. Consider all matters incident and related to the issuance and sale of "Town of Prosper, Texas, General Obligation Bonds, Series 2024", including the adoption of Ordinance 2024-50 authorizing the issuance of such bonds and establishing procedures and delegating authority for the sale and delivery of such bonds. (CL) Mr. Patterson introduced the item noting the proposed ordinance would authorize the issuance of the Bonds to be used to fund Public Safety projects, Parks and Recreational projects, and projects for streets, roads, bridges, and intersections in an amount not to exceed $36.4 million. Deputy Mayor Pro-Tem Bartley made a motion to adopt Ordinance 2024-50 authorizing the issuance and sale of "Town of Prosper, Texas, General Obligation Bonds, Series 2024", and approving all other matters related thereto. Councilmember Hodges seconded the motion. Motion carried unanimously. 11. Consider all matters incident and related to the issuance and sale of "Town of Prosper, Texas, Waterworks and Sewer System Revenue Bonds, Series 2024", including the adoption of Ordinance 2024-51 authorizing the issuance of such Page 3 of 5 Page 9 Item 2. bonds and establishing procedures and delegating authority for the sale and delivery of such bonds. (CL) Mr. Patterson introduced the item noting the proposed ordinance established the parameters for issuance of waterworks and sewer system revenue bonds for the Doe Branch expansion and parallel interceptor which are both wastewater projects. The issuance mirrors agenda item 9, thereby giving the Town flexibility to use either one. Mayor Pro-Tem Ray made a motion to adopt Ordinance 2024-51 authorizing the issuance and sale of "Town of Prosper, Texas, Waterworks and Sewer System Revenue Bonds, Series 2024", and approving all other matters related thereto. Councilmember Andres seconded the motion. Motion carried unanimously. 12. Discuss and consider Town Council Subcommittee reports. (DFB) Downtown Advisory Committee: Councilmember Kern noted the committee is reviewing design elements, additional lighting for the silos including cost estimates, and parking areas to resurface to improve the flow into the downtown area. Possibly direct Town staff to schedule topic(s) for discussion at a future meetin Mayor Bristol requested an update on the Town's maintenance of the medians. 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. Section 551.071 - To consult with the Town Attorney regarding proposed amendments to the sign ordinance. The Town Council recessed into Executive Session at 6:52 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 8:03 p.m. No action was taken. Adjourn. The meeting was adjourned at 8:04 p.m. These minutes were approved on the 1311 day of August 2024. Page 4 of 5 Page 10 ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED: David F. Bristol, Mayor Page 5 of 5 PR.I�SPER A Place Where Everyone Matters Call to Order/ Roll Call. The meeting was called to order at 5:04 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Marcus E. Ray Deputy Mayor Pro-Tem Amy Bartley Councilmember Craig Andres Councilmember Chris Kern Councilmember Jeff Hodges Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Michelle Lewis Sirianni, Town Secretary Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Hulon Webb, Engineering Director David Hoover, Development Services Director Chris Landrum, Finance Director Whitney Rehm, Budget Officer and Grants Administrator Carrie Jones, Public Works Director Dan Baker, Parks and Recreation Director Leigh Johnson, IT Director Todd Rice, Communications & Media Relations Manager Scott Brewer, Interim Human Resources Director Nancy Lowe, HR Generalist Aidan Daily, Police Crime Analyst Stuart Blasingame, Fire Chief Doug Kowalski, Police Chief Items for Individual Consideration 1. Adjourn. MINUTES Item3. Prosper Town Council Work Session Prosper Town Hall — Council Chambers 250 W. First Street, Prosper, Texas Tuesday, July 30, 2024 Discuss the Preliminary FY 2024-2025 Budget. (CL) Mr. Landrum presented an overview of the preliminary fiscal year 2024-2025 Budget which included a historical view of the Town's property valuations, current and preliminary tax rates, personnel requests, the methodology for compensation, non -discretionary, discretionary, and contingency package requests, grants, the debt service fund, and future considerations. The Town Council discussed future considerations increases, managing the debt based on the growth, based on current decisions that are being made. as the Town's population and preparing for the future Page 1 of 2 Page 12 The meeting was adjourned at 6:41 p.m. These minutes were approved on the 13' day of August 2024. ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED: David F. Bristol, Mayor Page 2 of 2 Page 13 PRLOWN OF SPER A Place Where Everyone Matters To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Quarterly Investment Report for June 30, 2024 Town Council Meeting — August 13, 2024 FINANCE Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Receive the Quarterly Investment Report for June 30, 2024. (CL) Description of Agenda Item: As required by the Public Funds Investment Act, staff is required to report activities of its cash and investment holdings on a quarterly basis. Information as required by the act includes investment results for the quarter, economic summary and investment strategy, investment holdings, and book vs. market comparisons. Budget Impact: There is no budget impact affiliated with this item. Attached Documents: 1. Quarterly Investment Report — June 30, 2024 Staff Recommendation: Town staff recommends that the Town Council receive the Quarterly Investment Report for June 30, 2024, as submitted. Proposed Motion: I move to receive the Quarterly Investment Report for June 30, 2024, as submitted. Page 1 of 1 Page 14 >� A TOWN OF p RS P E A Place Where Everyone Matters INVESTMENT PORTFOLIO SUMMARY For the Quarter Ended June 30, 2024 Prepared by Valley View Consulting, L.L.C. The investment portfolio of the Town of Prosper is in compliance with the Public Funds Investment Act and the Town of Prosper Investment Policy and Strategies. Robert B. Scott Bob Scott, Deputy Town Manager Chris Landrum Chris Landrum, Finance Director Disclaimer: These reports were compiled using information provided by the Town of Prosper. No procedures were performed to test the accuracy or completeness of this information. The market values included in these reports were obtained by Valley View Consulting, L.L.C. from sources believed to be accurate and represent proprietary valuation. Due to market fluctuations these levels are not necessarily reflective of current liquidation values. Yield calculations are not determined using standard performance formulas, are not representative of total return yields and do not account for investment advisor fees. Summary Quarter End Results by Investment Category: March 31, 2024 June 30, 2024 Asset Type Ave. Yield Book Value Market Value Ave. Yield Book Value Market Value MMA/NOW 4.42% $ 17,099,948 $ 17,099,948 5.29% $ 18,605,077 $ 18,605,077 MMF/Pools 5.31% 113,703,725 113,703,725 5.31% 120,663,793 120,663,793 Securities 2.83% 24,998,315 24,844,156 3.48% 14,998,081 14,931,130 Certificates of Deposit 5.50% 15,803,324 15,803,324 5.50% 16,064,834 16,064,834 Total 4.88% $ 171,605,312 $ 171,451,152 5.17% $ 170,331,786 $ 170,264,834 Average Yield - Current Quarter (1) Total Portfolio 5.17% Rolling Three Month Treasury 5.47% Rolling Six Month Treasury 5.34% TexPool 5.31% Interest Earnings (Approximate) Quarter $ 2,493,370 Fiscal Year-to-date $ 7,316,061 Fiscal Year -to -Date Average Yield (2) Total Portfolio 4.97% Rolling Three Month Treasury 5.48% Rolling Six Month Treasury 5.40% TexPool 5.33% (1) Quarter End Average Yield - based on adjusted book value, realized and unrealized gains/losses and investment advisory fees are not considered. The yield for the reporting month is used for bank, pool, and money market balances. (2) Fiscal Year -to -Date Average Yield - calculated using quarter end report yields and adjusted book values and does not reflect a total return analysis or account for advisoryfees. 1 Page 16 Town of Prosper Valley View Consulting, L.L.C. Economic Overview 6/30/2024 The Federal Open Market Committee (FOMC) maintained the Fed Funds target range 5.25% - 5.50% (Effective Fed Funds are trading +/-5.33%). Expectations are for reduced future rates, but any actions will be meeting -by -meeting and "data -dependent." June Non -Farm Payroll slightly exceeded expectations at 206k new jobs, but the previous two months were revised down causing the Three Month Rolling Average to fall to 177k. Final First Quarter 2024 GDP reported +1.4%. The S&P 500 Stock Index created new highs above +/-5,500. The yield curve remains inverted but longer yields rose slightly. Crude Oil trades over $80 per barrel. Inflation declined slighted but remains above the FOMC 2% target (Core PCE +/-2.6% and Core CPI +/-3.4%). Reduced global economic outlooks and ongoing/expanding military conflicts continue increasing uncertainty. 6.00 5.00 4.00 3.00 2.00 1.00 0.00 <0 June 30, 2023 March 31, 2024 - - -June 30, 2024 US Treasury Historical Yields - Since 2006 6.00 5.50 5.00 4.50 4.00 3.50 3.00 2.50 2.00 1.50 1.00 0.50 0.00 6,000 5,750 5,500 5,250 5,000 4,750 4,500 4,250 4,000 3,750 3,500 3,250 3,000 2,750 2,500 2,250 2,000 1,750 1,500 1,250 1,000 750 500 250 0 S&P 500 N� NO N6 NA NO N9 �� �^ 1� �12, �a� �a� �16 �a� �a� �a� 6.00 US Treasury Historical Yields - Since Nov 2016 5.50 5.00 !' 4.50 4.00 3.50 3.00 2.50 2.00 1 1.50 1.00 ' �R 0.50 1 0.00 -Six Month T-Bill Two Year T-Note Ten Year T-Note .Six Month T-Bill Two Year T-Note Ten Year T-Note 2 Page 17 Valley View Consulting, L.L.C. Investment Holdings June 30, 2024 Coupon/ Maturity Settlement Book Market Market Life Description Ratings Discount Date Date Par Value Value Price Value (Days) Yield Independent Financial DDA 2.78% 07/01/24 06/30/24 $ 2,042,144 $ 2,042,144 1.00 $ 2,042,144 1 2.78% Independent Financial DDA #2 5.63% 07/01/24 06/30/24 22,765 22,765 1.00 22,765 1 5.63% Independent Financial DDA#3 5.63% 07/01/24 06/30/24 11,006,070 11,006,070 1.00 11,006,070 1 5.63% NexBank MMA 5.55% 07/01/24 06/30/24 5,533,299 5,533,299 1.00 5,533,299 1 5.55% PlainsCapital Bank MMA 1.85% 07/01/24 06/30/24 799 799 1.00 799 1 1.85% TexSTAR AAAm 5.31 % 07/01/24 06/30/24 28,527,638 28,527,638 1.00 28,527,638 1 5.31 % TexPool AAAm 5.31 % 07/01/24 06/30/24 92,136,156 92,136,156 1.00 92,136,156 1 5.31 % Independent Financial CD 5.39% 08/04/24 09/14/23 10,837,811 10,837,811 100.00 10,837,811 35 5.39% T-Note Aaa/AA+ 1.25% 08/31/24 02/09/22 5,000,000 4,998,081 99.31 4,965,430 62 1.48% East West Bank CD 5.57% 09/16/24 09/14/23 5,227,023 5,227,023 100.00 5,227,023 78 5.73% FHLB Aaa/AA+ 4.48% 10/03/24 12/21/22 10,000,000 10,000,000 99.66 9,965,700 95 4.48% Total Portfolio $ 170,333,704 $ 170,331,786 $ 170,264,834 13 5.17% (1) (2) (1) Weighted average life - For purposes of calculating weighted average life, overnight bank and pool balances are assumed to have a one day maturity. (2) Weighted average yield to maturity - The weighted average yield to maturity is based on Book Value, realized and unrealized gains/losses and investment advisoryfees are not included. The yield for the reporting month is used for overnight bank and pool balances. Town of Prosper Valley View Consulting, L.L.C. 3 Page 18 Composition - Current Quarter CDs Securities MMA/DDA/NOW 9% 9% 11% 71% Total Portfolio (Millions) $250 $200 $150 $100 $50 $0 ��b .�b ■ Quarter End Book Value Town of Prosper Composition - Prior Quarter MMA/DDA/NOW CDs Securities 100/ 66% Town Portfolio Performance 6.0 5.0 4.0 m M m 3.0 U L 0- 2.0 1.0 0.0 Town WAY Rolling 3 mo T-Bill Valley View Consulting, L.L.C. TexPool Rolling 6 mo T-Bill 4 Page 19 Book and Market Value Comparison Issuer/Description Yield Maturity Book Value Date 03/31/24 Independent Financial DDA 2.78% 07/01/24 Independent Financial DDA #2 5.63% 07/01/24 Independent Financial DDA #3 5.63% 07/01/24 NexBank MMA 5.55% 07/01/24 PlainsCapital Bank MMA 1.85% 07/01/24 TexSTAR 5.31 % 07/01/24 TexPool 5.31 % 07/01/24 T-Note 1.87% 04/30/24 Independent Financial CD 5.39% 08/04/24 T-Note 1.48% 08/31/24 East West Bank CD 5.73% 09/16/24 FHLB 4.48% 10/03/24 TOTAL / AVERAGE 5.17% 7,068,406 22,457 4,551,650 5,457,268 167 24,683,778 89,019,947 10,003,051 10,648,381 4,995,265 5,154,943 10,000,000 171.605.312 Increases 309 6,454,419 76,031 632 3,843,860 3,116,209 189,430 2,816 72,080 13.755.786 Decreases (5,026,262) (10,003,051) (15.029.3121 Town of Prosper Valley View Consulting, L.L.C. Book Value 06/30/24 2,042,144 22,765 11,006,070 5,533,299 799 28,527,638 92,136,156 10,837,811 4,998,081 5,227,023 10,000,000 I141kiciiFU41. Market Value 03/31/24 Change in Market Value Market Value 06/30/24 $ 7,068,406 $ (5,026,262) $ 2,042,144 22,457 309 22,765 4,551,650 6,454,419 11,006,070 5,457,268 76,031 5,533,299 167 632 799 24,683,778 3,843,860 28,527,638 89,019,947 3,116,209 92,136,156 9,972,656 (9,972,656) — 10,648,381 189,430 10,837,811 4,917,578 47,852 4,965,430 5,154,943 72,080 5,227,023 9,953,922 11,778 9,965,700 $ 171.451.152 $ (1.186.318) $ 170.264.834 Item 4. Allocation June 30, 2024 Book Value Yield Maturity Total Pooled Funds Debt Service Date Fund Independent Financial DDA 2.78% $ 2,042,144 $ 2,042,144 $ — Independent Financial DDA #2 5.63% 22,765 22,765 — Independent Financial DDA #3 5.63% 11,006,070 11,006,070 — NexBank MMA 5.55% 5,533,299 5,533,299 — PlainsCapital Bank MMA 1.85% 799 799 — TexSTAR 5.31 % 28,527,638 28,527,638 — TexPool 5.31% 92,136,156 87,221,040 $ 4,915,116 Independent Financial CD 5.39% 08/04/24 10,837,811 10,837,811 — T-Note 1.48% 08/31/24 4,998,081 4,998,081 — East West Bank CD 5.73% 09/16/24 5,227,023 5,227,023 — FHLB 4.48% 10/03/24 10,000,000 10,000,000 — Totals $ 170,331,786 $ 165,416,670 $ 4,915,116 Town of Prosper 6 Page 21 Valley View Consulting, L.L.C. Allocation Book Value Yield Maturity Date Independent Financial DDA 2.78% Independent Financial DDA #2 5.62% Independent Financial DDA #3 5.62% NexBank MMA 5.55% PlainsCapital Bank MMA 1.85% TexSTAR 5.30% TexPool 5.32% T-Note 1.87% 04/30/24 Independent Financial CD 5.39% 08/04/24 T-Note 1.48% 08/31/24 East West Bank CD 5.73% 09/16/24 FHLB 4.48% 10/03/24 Totals Item 4. March 31, 2024 Total Pooled Funds Debt Service Fund $ 7,068,406 $ 7,068,406 $ — 22,457 22,457 — 4,551,650 4,551,650 — 5,457,268 5,457,268 — 167 167 — 24,683,778 24,683,778 — 89,019,947 83,891,398 $ 5,128,549 10,003,051 10,003,051 — 10,648,381 10,648,381 — 4,995,265 4,995,265 — 5,154,943 5,154,943 — 10,000,000 10,000,000 — $ 171,605,312 $ 166,476,763 $ 5,128,549 Town of Prosper Valley View Consulting, L.L.C. P,_Y OWN OF PRLSPER A Place Where Everyone Matters To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager DEPARTMENT NAME Re: Audit Engagement Letter with Weaver and Tidwell, L.L.P. (CL) Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute an audit engagement letter between Weaver and Tidwell, L.L.P., and the Town of Prosper, Texas, related to the fiscal year 2024 annual audit. (CL) Description of Agenda Item: At the October 25, 2022, Council meeting, Council appointed Weaver and Tidwell, L.L.P., as the town's external auditors for the years 2022-2026. Fiscal year 2024 represents the third year of the five-year term. The estimated fees are consistent with the original proposal. Budget Impact: The estimated fees of $63,500 are budgeted to account 100-5412-10-03 Audit Fees for fiscal year 2025. Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Weaver and Tidwell, L.L.P., Engagement Letter Town Staff Recommendation: Town Staff recommends authorizing the Town Manager to execute the annual engagement letter between Weaver and Tidwell, L.L.P., and the Town of Prosper for the audit of fiscal year 2024. Proposed Motion: I move to authorize the Town Manager to execute the annual engagement letter between Weaver and Tidwell, L.L.P., and the Town of Prosper for the audit of fiscal year 2024. Page 1 of 1 Page 23 weavers 0 July 12, 2024 Finance Sub -Committee and Town Council Town of Prosper 250 W First Street Prosper, Texas 75078 You have requested that Weaver and Tidwell, L.L.P ("Weaver", "our", "us", and "we") audit the governmental activities, the business -type activities, the aggregate discretely presented component unit, each major fund, and the aggregate remaining fund information of Town of Prosper, Texas (the "Town"), as of September 30, 2024, and for the year then ended and the related notes to the financial statements, which collectively comprise the Town's basic financial statements as listed in the table of contents. In addition, we will audit the Town's compliance over major federal award programs for the period ended September 30, 2024. Accounting principles generally accepted in the United States of America ("U.S. GAAP"), as promulgated by the Governmental Accounting Standards Board ("GASB") require that management's discussion and analysis and budgetary comparison information, among other items, be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by GASB, which considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the required supplementary information ("RSI") in accordance with auditing standards generally accepted in the United States of America ("U.S. GAAS"). These limited procedures will consist primarily of inquiries of management regarding their methods of measurement and presentation, and comparing the information for consistency with management's responses to our inquiries. We will not express an opinion or provide any form of assurance on the RSI. The following RSI is required by U.S. GAAP. This RSI will be subjected to certain limited procedures but will not be audited: 1. Management's Discussion and Analysis 2. Schedule of Changes in Net Pension Liability and Related Ratios 3. Texas Municipal Retirement System —Schedule of Contributions Supplementary information other than RSI will accompany the Town's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and perform certain additional procedures, including comparing and reconciling the supplementary information to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and additional procedures in accordance with U.S. GAAS. We intend to provide an opinion on the following supplementary information in relation to the financial statements as a whole: 1. Schedule of Expenditures of Federal Awards 2. Combining and Individual Nonmajor Fund Financial Statements and Schedules Also, the document we submit to you will include the following other additional information that will not be subjected to the auditing procedures applied in our audit of the basic financial statements: 1. Introductory Section 2. Statistical Section We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material aspects, in conformity with U.S. GAAP and to report on the fairness of the supplementary information referred Weaver and Tidwell, L CPAs AND ADVISORS I WEAVER.0 Page 24 July 12, 2024 to above when considered in relation to the basic financial statements as a whole. The objective also includes reporting on internal control related to the basic financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the basic financial statements in accordance with Government Auditing Standards issued by the Comptroller General of the United States of America ("GAGAS"); and internal control over compliance related to major programs and an opinion (or disclaimer of opinion) on compliance with federal statutes, regulations, and the terms and conditions of federal awards that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance). Auditor Responsibilities We will conduct our audit in accordance with U.S. GARS, the standards applicable to financial audits contained in GAGAS, and the provisions of the Uniform Guidance. Those standards and the Uniform Guidance require that we plan and perform the audit to obtain reasonable assurance about whether the basic financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the basic financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the basic financial statements, whether due to error, fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. If appropriate, our procedures will therefore include tests of documentary evidence that support the transactions recorded in the accounts, tests of the physical existence of assets, and direct confirmation of cash, investments, and certain other assets and liabilities by correspondence with creditors and financial institutions. As part of our audit process, we may request written representations from your attorneys, and they may bill you for responding. At the conclusion of our audit, we will also request certain written representations from you about the basic financial statements and related matters. Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements or noncompliance (whether caused by errors, fraudulent financial reporting, misappropriation of assets, or violations of laws or governmental regulations) may not be detected exists, even though the audit is properly planned and performed in accordance with U.S. GAAS and GAGAS. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the basic financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate level of management of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does not extend to any later periods for which we are not engaged as auditors. In making our risk assessments, we consider internal control relevant to the Town's preparation and fair presentation of the basic financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the Town's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the basic financial statements that we have identified during the audit. Brent Young is the engagement partner or equivalent for the audit services specified in this letter, and is responsible for supervising our services performed as part of this engagement and signing or authorizing another qualified firm representative to sign the audit report. We expect to begin our audit procedures in September 2024, and issue our report no later than in March 2025. We will issue a written report upon completion of our audit of the Town's basic financial statements. Our report will be addressed to the Honorable Mayor and Members of the Town Council of the Town. We cannot provide assurance that unmodified opinions will be expressed. Circumstances may arise in which it is necessary for us to modify our opinions, add an emphasis -of -matter or other -matter paragraph(s), or withdraw from the engagement. If our opinions on the financial statements or compliance are other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the Weaver and Tidwell, L.L.P. I Page 2 of 8 Page 25 July 12, 2024 audit or are unable to form or have not formed opinions, we may decline to express opinions or withdraw from this engagement. As part of obtaining reasonable assurance about whether the basic financial statements are free of material misstatement, we will perform tests of the Town's compliance with certain provisions of laws, regulations, contracts, and grants that could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with the provisions is not an objective of our audit, and accordingly, we will not express such an opinion. Our audit of the Town's major federal award program(s) compliance will be conducted in accordance with the requirements of the Single Audit Act, as amended; and the provisions of the Uniform Guidance; and will include tests of accounting records, a determination of major programs in accordance with the Uniform Guidance, and other procedures we consider necessary to enable us to express such an opinion on major federal award program compliance and to render the required reports. We cannot provide assurance that an unmodified opinion on compliance will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or withdraw from the engagement. The Uniform Guidance requires that we also plan and perform the audit to obtain reasonable assurance about whether the Town has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major federal award programs. Our procedures will consist of determining major federal programs and performing the applicable procedures described in the U.S. Office of Management and Budget OMB Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the Town's major programs. The purpose of those procedures will be to express an opinion on the Town's compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to the Uniform Guidance. Also, as required by the Uniform Guidance, we will perform tests of controls to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each of the Town's major federal award programs. However, our tests will be less in scope than would be necessary to render an opinion on these controls and, accordingly, no opinion will be expressed in our report. In accordance with the requirements of GAGAS, we will also issue a written report describing the scope of our testing over internal control over financial reporting and over compliance with laws, regulations, and provisions of grants and contracts, including the results of that testing. However, providing an opinion on internal control and compliance over financial reporting will not be an objective of the audit and, therefore, no such opinion will be expressed. We will issue a report on compliance that will include an opinion or disclaimer of opinion regarding the Town's major federal award programs, and a report on internal controls over compliance that will report any significant deficiencies and material weaknesses identified; however, such report will not express an opinion on internal control. Management Responsibilities Our audit will be conducted on the basis that management and, when appropriate, those charged with governance, acknowledge and understand that they have responsibility: a. for the preparation and fair presentation of the basic financial statements in accordance with the framework described in Audit Objectives above; b. for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of basic financial statements that are free from material misstatement, whether due to error, for fraudulent financial reporting, misappropriation of assets, or violations of laws, governmental regulations, grant agreements, or contractual agreements; c. to provide us with: access to all information of which management is aware that is relevant to the preparation and fair presentation of the basic financial statements, and relevant to federal award programs, such as records, documentation, and other matters; additional information that we may request from management for the purpose of the audit; and iii. unrestricted access to persons within the Town from whom we determine it necessary to obtain audit evidence. Weaver and Tidwell, L.L.P. I Page 3 of 8 Page 26 July 12, 2024 d. for including the auditor's report, and our report on any supplementary information if described above, in any document containing the basic financial statements that indicates that such basic financial statements have been audited by the Town's auditor; e. for identifying and ensuring that the Town complies with the laws and regulations applicable to its activities; f. for adjusting the basic financial statements to correct material misstatements and confirming to us in the management representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the current year under audit are immaterial, both individually and in the aggregate, to the basic financial statements as a whole; g. for maintaining adequate records, selecting and applying accounting principles, and safeguarding assets; h. for identifying all federal awards expended during the period including federal awards and funding increments received prior to December 26, 2014, and those received in accordance with the Uniform Guidance generally received after December 26, 2014; i. for preparing the schedule of expenditures of federal awards (including notes and noncash assistance received) in accordance with the Uniform Guidance; j. for the design, implementation, and maintenance of internal control over compliance; k. For identifying and ensuring that the Town complies with laws, regulations, grants, and contracts applicable to its activities and its federal award programs; I. For following up and taking corrective action on reported audit findings from prior periods and preparing a summary schedule of prior audit findings; m. For following up and taking corrective action on current year audit findings and preparing a corrective action plan for such findings; n. For submitting the reporting package and data collection form to the appropriate parties; o. For making the auditor aware of any significant vendor relationships where the vendor is responsible for program compliance; p. with regard to the supplementary information referred to above: (a) for the preparation of the supplementary information in accordance with the applicable criteria; (b) to provide us with the appropriate written representations regarding supplementary information; (c) to include our report on the supplementary information in any document that contains the supplementary information and that indicates that we have reported on such supplementary information; and (d) to present the supplementary information with the audited basic financial statements, or if the supplementary information will not be presented with the audited basic financial statements, to make the audited basic financial statements readily available to the intended users of the supplementary information no later than the date of issuance by you of the supplementary information and our report thereon; q. informing us of facts that may affect the basic financial statements of which you may become aware during the period from the date of the auditor's report to the date the basic financial statements are issued; for confirming your understanding of your responsibilities in this letter to us in your management representation letter. We understand that your employees will prepare all confirmations we request and will locate any documents or support for any other transactions we select for testing. If we agree herein or otherwise to perform any non -attest services (such as tax services or any other non -attest services), you agree to assume all management responsibilities for those services; oversee the services by designating an individual, preferably from senior management, with suitable skill, knowledge, or experience; evaluate the adequacy and results of the services; and accept responsibility for them. The entity has designated Bob Scott, Executive Director of Administrative Servies, to oversee these services. Such services include: Preparation of the Data Collection Form for submission to the Federal Audit Clearinghouse Weaver and Tidwell, L.L.P. I Page 4 of 8 Page 27 July 12, 2024 GAGAS require that we document an assessment of the skills, knowledge, and experience of management, should we participate in any form of preparation of the basic financial statements and related schedules or disclosures as these actions are deemed a nonaudit/nonattest service. During the course of our engagement, we will request information and explanations from management regarding the Town's operations, internal controls, future plans, specific transactions and accounting systems and procedures. At the conclusion of our engagement, we will require, as a precondition to the issuance of our report, that management provide certain representations in a written representation letter. The Town agrees that as a condition of our engagement to perform an audit that management will, to the best of its knowledge and belief, be truthful, accurate and complete in all representations made to us during the course of the audit and in the written representation letter. The procedures we perform in our engagement and the conclusions we reach as a basis for our report will be heavily influenced by the written and oral representations that we receive from management. False or misleading representations could cause us to expend unnecessary efforts in the audit; or, worse, could cause a material error or a fraud to go undetected by our procedures. Fees and Invoicing We estimate that the fee for this engagement will be $60,000, plus $3,500 for the first major single audit program. The total fee for our services will be determined by the complexity of the work performed and the tasks required. Individual hourly rates vary according to the degree of responsibility involved and the skills required. It is understood that neither our fees nor the payment thereof will be contingent upon the results of this engagement. Our fee estimate is based on anticipated cooperation from all involved and the assumption that unexpected circumstances will not be encountered during the engagement. Our engagement fees do not include consulting on the adoption of new accounting standards and any future increased duties because of any regulatory body, auditing standard or an unknown or unplanned significant transaction. If significant additional time is necessary, we will discuss the reasons with you and arrive at a new fee estimate before we incur the additional costs. In addition to the fee for our services, reasonable and necessary out-of-pocket expenses we incur (such as parking, reproduction and printing, postage and delivery, and out -of -market travel, meals, and accommodations) will be invoiced at cost. At this time, we do not anticipate incurring substantial expenses. We will also invoice for reasonable and necessary time and out-of-pocket expenses we incur to respond to any request (such as a subpoena, summons, court order, or administrative investigative demand) pertaining to this engagement in a legal matter to which we are not a party. Our time to facilitate the response will be billed at our then -current standard hourly rates, and our expenses (including attorney's fees) will be billed at cost. If we agree to perform additional substantive services related to or arising out of the request, such matters may be the subject of a new engagement letter. Our invoices are payable in accordance with Texas Government Code § 2251.021 Ethical Conflict Resolution In the unlikely event that circumstances occur which we in our sole discretion believe could create a conflict with either the ethical standards of our firm or the ethical standards of our profession in continuing our engagement, we may suspend our services until a satisfactory resolution can be achieved or we may resign from the engagement. We will notify you of such conflict as soon as practicable, and will discuss with you any possible means of resolving them prior to suspending our services. The hiring of or potential employment discussions with any of our personnel could impair our independence. Accordingly, you agree to inform the engagement partner or equivalent prior to any such potential employment discussions taking place. Audit Documentation and Confidentiality The audit documentation we prepare pertaining to and in support of this engagement is our property and constitutes confidential information. If we are requested to make the audit documentation available to outside parties, except in the case of requests during our peer review (discussed below) or when prohibited by law or direction of law enforcement, any such requests will be discussed with you before we make the documentation available to the requesting parties. Depending on the requirements of this engagement, we may use third -party service providers to assist us. Before sharing confidential information with those service providers, we will (i) secure agreements to maintain the confidentiality of Weaver and Tidwell, L.L.P. I Page 5 of 8 Page 28 July 12, 2024 confidential information and ensure the confidential information is only used for the purpose of assisting us with the performance of this engagement and (ii) take commercially reasonable precautions to determine the service providers have appropriate procedures in place to prevent the unauthorized disclosure of confidential information. If we use such service providers, we will remain responsible for all work performed and any breach of our confidentiality arrangements by those service providers. We may be requested to make certain audit documentation (working papers) available to regulators and other government agencies, pursuant to authority given by law or regulation. You should understand that responding to many such requests is mandatory. In those cases, access to such working papers will be provided under our supervision and we may, upon their request, provide the regulator or agency with copies of all or selected working papers. The requesting party may intend or decide to distribute the copies or information contained therein to others, including other regulators or agencies. You will be billed for additional fees as a result of the aforementioned work. Our firm, as well as other accounting firms, participates in a peer review program covering our audit and accounting practices. This program requires that once every three years, we subject our system of quality control to an examination by another accounting firm. As part of this process, the firm conducting our peer review will review a sample of our work. It is possible that the work we perform for you may be selected for such a review. If it is, our peer review firm is bound by professional standards to keep all information confidential and we are required to provide the required information. It is expected that prior to the conclusion of the engagement, sections of the Data Collection Form will be completed by our firm. The sections that we will complete summarize our audit findings by federal grant or contract. Management is responsible to submit the reporting package (defined as including basic financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditor's reports, and corrective action plan) along with the Data Collection Form to the federal audit clearinghouse. The instructions to the Data Collection Form require that the reporting package be an unlocked, unencrypted, text searchable portable document file (PDF) or else it will be rejected by the Federal Audit Clearinghouse. We will be available to assist management in creating the PDF if needed. We will coordinate with you the electronic submission and certification upon the reporting package completion. If applicable, we will provide copies of our report for you to include with the reporting package if there is a need to submit the package to pass -through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of our reports or nine months after the end of the audit period. We will retain our audit documentation for a period of at least seven years from the date of our report. You agree that following such period, we may destroy the audit documentation without notice to you. To maintain independence, we will not act as the host of your financial or non -financial information or as your information back-up service provider. Instead, it is your responsibility to maintain a complete set of your financial and non -financial data and records. If some portion of your data and records is contained only within our files, you agree to inform us before the issuance of our report and we will provide that to you. Except as may be noted herein, the parties do not intend this engagement letter to be for the benefit of any third -party. You may inform us of third -parties who will receive a copy of our report. Unless you inform us of such third -parties in writing, we are not aware of who you intend to supply our report to and we do not anticipate any such third -parties' reliance upon our professional services unless expressly stated herein. In order to facilitate this engagement, we may transmit and store data via email, the cloud, or other electronic and Internet - based mechanisms. Please be aware that those mediums inherently pose a risk of misdirection or interception of confidential information. Any request you have to limit such transmissions or use a different means of transmission or storage must be made in writing and you will be responsible for any resulting compromise in data security. Dispute Resolution Procedure including Jury Waiver If a dispute arises out of or relates to this engagement or engagement letter, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation before resorting to litigation. In such event, the parties will attempt to agree upon a location, mediator, and mediation procedures, but absent Weaver and Tidwell, L.L.P. I Page 6 of 8 Page 29 July 12, 2024 such agreement any party may require mediation in Dallas, Texas, administered by the AAA under its Commercial Mediation Procedures. This engagement letter and all disputes between the parties shall be governed by, resolved, and construed in accordance with the laws of the State of Texas, without regard to conflict -of -law principles. Any action arising out of or relating to this engagement or engagement letter shall only be brought in, and each party agrees to submit and consent to the exclusive jurisdiction of the federal or state courts in the State of Texas and convenience of those situated in Harris County, Texas. Each party hereby irrevocably waives any right it may have to trial by jury in any proceeding arising out of or relating to this engagement or this engagement letter. Whenever possible, this engagement letter shall be interpreted in such a manner as to be effective and valid under applicable laws, regulations, or published interpretation, but if any term of this engagement letter is declared illegal, unenforceable, or unconscionable, that term shall be severed or modified and the remaining terms of the engagement letter shall remain in force. The parties agree that the court should modify any term declared to be illegal, unenforceable, or unconscionable in a manner that will retain the intended term as closely as possible. If because of a change in status or due to any other reason, any provision in this engagement letter or any other contract we have with you, or enter into, would be prohibited by, or would impair our independence for this engagement under laws, regulations or published interpretations by governmental bodies, professional organizations or other regulatory agencies, such provision shall, to that extent, be of no further force and effect and the contract shall consist of the remaining portions. Miscellaneous In accordance with the requirements of Government Auditing Standards, we have attached a copy of the latest external peer review report of our firm for your consideration and files. We may at times provide you with documents marked as drafts. You understand that those documents are for your review purposes only. You should not rely upon those documents in any way. Although the engagement partner or equivalent responsible for this engagement is a licensed certified public accountant, we inform you that we have nonlicensees who may provide services pertaining to this engagement. If you intend to make reference to our firm or include our report or any portion of it in a published document or other reproduction, and that document or other reproduction includes a version of our report or the financial statements that is assembled differently than any version we provided you or audited, you agree to provide us with printers' proofs or masters for our review and approval before reproducing. You also agree to provide us with a copy of the final reproduced material for our written approval before it is distributed. If, in our professional judgment, the circumstances require, we may withhold our approval. This requirement does not pertain to distributing our report or the financial statements when you do not modify their assembly or in situations where you disseminate the audited financial statements as a standalone document, such as on your website. This engagement letter sets forth all of the agreed upon terms and conditions of our engagement with respect to the matters covered herein and supersedes any that may have come before. This engagement letter may not be amended or modified except by further writing signed by all the parties. Any provisions of this engagement letter which expressly or by implication are intended to survive its termination or expiration will survive and continue to bind the parties. The use of electronic signatures or multiple counterparts to execute this engagement letter shall have the same force and effect as a manually or physically signed original instrument. Weaver and Tidwell, L.L.P. I Page 7 of 8 Page 30 July 12, 2024 Item 5. We appreciate the opportunity to assist you and look forward to working with you and your team. Sincerely, aa WEAVER AND TIDWELL, L.L.P. Dallas, Texas Please sign and return a copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our engagement as described herein, including each party's respective responsibilities. By signing below, the signatory also represents that they have been authorized to execute this agreement. Town of Prosper, Texas By: Printed Name: Title: Date: Weaver and Tidwell, L.L.P. I Page 8 of 8 Page 31 EideBailly. CPAs & BUSINESS ADVISORS Report on Firm's System of Quality Control September 19, 2022 To the Partners of Weaver & Tidwell, L.L.P. and the National Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Weaver & Tidwell, L.L.P. (the firm) applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2022. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants (Standards). A summary of the nature, objectives, scope, limitations of, and the procedures performed in a system review as described in the Standards may be found at www.aicpa.org/prsummary. The summary also includes an explanation of how engagements identified as not performed or reported in conformity with applicable professional standards, if any, are evaluated by a peer reviewer to determine a peer review rating. Firm's Responsibility The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. The firm is also responsible for evaluating actions to promptly remediate engagements deemed as not performed or reported in conformity with professional standards, when appropriate, and for remediating weaknesses in its system of quality control, if any. Peer Reviewer's Responsibility Our responsibility is to express an opinion on the design of and compliance with the firm's system of quality control based on our review. Required Selections and Considerations Engagements selected for review included engagements performed under Government Auditing Standards, including compliance audits under the Single Audit Act; audits of employee benefit plans, an audit performed under FDICIA, and examinations of service organizations [SOC 1 and SOC 2 engagements].) As a part of our peer review, we considered reviews by regulatory entities as communicated by the firm, if applicable, in determining the nature and extent of our procedures. Opinion In our opinion, the system of quality control for the accounting and auditing practice of Weaver & Tidwell, L.L.P. applicable to engagements not subject to PCAOB permanent inspection in effect for the year ended May 31, 2022, has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Weaver & Tidwell, L.L.P. has received a peer review rating of pass. Eide Bailly LLP P'_Y OWN OF PRLSPER A Place Where Everyone Matters To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Mario Canizares, Town Manager FIRE DEPARTMENT Re: Fee Schedule for Emergency Medical Services (EMS) Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending the fee schedule for Emergency Medical Services (EMS) rates. Description of Agenda Item: A project management survey from Emergicon, our third -party billing company, is requested biennially to evaluate our payor mixes and potential market positioning in relation to our billing charges. Emergicon is recommending increases to five (5) of our seven (7) fee schedules for services rendered to align with other area EMS providers and with Medicare and Medicaid standards. Budget Impact: After a thorough review and analysis of our current EMS fee schedule, we have identified the potential to collect an additional approximate revenue of $18,000. This increase in revenue is a result of the proposed adjustments to the fee schedule, which have been aligned with our service delivery enhancements and cost recovery strategies. The additional revenue generated will be deposited into account number 100-4310-30-01, under Charges for Services. Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town Staff recommends the Town Council approve an ordinance amending the fee schedule for Emergency Medical Service (EMS) rates. Page 1 of 2 Page 34 Proposed Motion: Item 6. I move to approve an ordinance amending the fee schedule for Emergency Medical Service (EMS) rates. Page 2 of 2 Page 35 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-_ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING APPENDIX A, "FEE SCHEDULE," TO THE TOWN'S CODE OF ORDINANCES BY AMENDING SUBPARTS (1) THROUGH (7) OF SECTION XXII, "EMERGENCY MEDICAL SERVICES (EMS) RATES"; MAKING FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, periodically the Town's emergency medical services vendor, Emergicon, provides the Town with a project management survey to evaluate payor mixes and potential market positioning in relation to the Town's billing practices; and WHEREAS, Emergicon has recommended changes to the rates charged by the Town to align with Medicare and Medicaid standards; and WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined that it is advisable to amend the Town's current emergency medical services rates; and WHEREAS, the Town Council has reviewed the proposed rate revisions and has determined that such rates are advisable and are necessary due to increases in costs for the provision of the services referenced in this Ordinance; and WHEREAS, the Town Council hereby finds and determines that it will be advantageous, beneficial and in the best interests of the citizens of Prosper to amend Section XXI, "Emergency Medical Services (EMS) Rates," of Appendix A, "Fee Schedule," to reflect new rates for those services referenced in Subparts (1) through (7), therein. 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, Subparts (1) through (7) of Section XXII, "Emergency Medical Services (EMS) Rates," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is hereby amended to read as follows: "Sec. XXII Emergency Medical Services (EMS) Rates. (1) ALS: $1,600.00 (2) BLS: $1,400.00 (3) ALS-2: $1,800.00 (4) ALSDI: $400.00 (5) BLSDI: $350.00 (6) Mile (per each): $24.00 (7) Oxygen: $150.00" SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF AUGUST, 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Ordinance No. 2024-_, Page 2 Page 37 APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 2024-_, Page 3 Page 38 PRLOWN OF SPER A Place Where Everyone Matters To: Mayor and Town Council From: Carrie Jones, Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Water Supply Pumps Emergency Repair Town Council Meeting — August 13, 2024 PUBLIC WORKS Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute documents for the emergency repairs of water supply pumps by Global Pump Solutions LLC estimated not -to -exceed $150,000. Description of Agenda Item: The Custer Pump Station has six high -volume water pumps that supply the three elevated storage tanks that service Prosper. In late June 2024, one of the pumps (Pump #4) failed due to a motor failure. Due to the timing and high demand of water in the summer, staff received emergency authorization from Town management to call Global Pump Solutions, LLC to pull and repair the motor. In mid -July 2024, a second pump failed due to the motor (Pump #6), leading staff to call Global Pump Solutions, LLC to diagnose, pull and repair the motor. Staff received an invoice for the cost of repair on the first motor that failed (Pump #4), totaling $47,574.00. Global Pump Solutions, LLC is currently diagnosing the second motor that failed (Pump #6). Staff is awaiting the cost estimate for that motor to be repaired. The proposed authorization is intended to provide enough funding for all repairs and any potential repairs through the remainder of the current fiscal year. Budget Impact: The funding for the repairs will be charged to account 200-5351-50-02 in the utility fund for equipment expense and repair. Attached Documents: 1. Global Pump Solutions, LLC Invoice SAJ1575A-756 Town Staff Recommendation: Town Staff recommends authorizing the Town Manager to execute documents for the emergency repairs of water supply pumps by Global Pump Solutions LLC not -to -exceed $150,000. Page 1 of 2 Page 39 Proposed Motion: Item 7. I move to approve authorizing the Town Manager to execute documents for emergency repairs of water supply pumps by Global Pump Solutions LLC not -to -exceed $150,000. Page 2 of 2 Page 40 Global Pump Solutions LLC 4541 J D Mouser Pkwy Alvarado, TX 76009 US +19724495770 accounting@gpspumps.com www.globalpumpsolutions.net INVOICE BILL TO Town of Prosper P.O. Box 307 Prosper, TX 75078 CONTACT James SHIP TO Town of Prosper 601 W. Fifth St. Prosper, TX 75078 PROJECT NAME High Service#4 Motor • Global Pump Solutions INVOICE SAJ1575A-756 DATE 07/16/2024 TERMS Net 30 DUE DATE 08/15/2024 CUSTOMER PO# Verbal Emergency PO DESCRIPTION QTY AMOUNT Labor Rewind 3 Phase Motor: Test 1 39,524.00 windings, check all machined fits and mechanical parts and determine cause of failure. Perform coreloss tests and repair if needed. Rewind stator, clean all parts, dynamically balance rotor if needed, replace bearings on rotor. Perform shaft and end -bell repairs if needed. Then, assemble, perform final electrical and mechanical test, paint and make ready for shipment. One year warranty from date of invoice against defects in materials and workmanship. FieldService FieldService: 2 3,700.00 Unwire motor and disconnect pump. Re -wire reconditioned motor aI%dl Account reconnect pump. GLAcco u,t Test run for proper operation. 2techs Ci Account -- ine Purchase Order ___.___ —PO Line-- -- Misc Oil 1 1 1,250.00 Polaris Taps Project NamelNurf bei' Misc Consumables Approval, .�_ -•---•..-•__.­— Crane Crane to pull and set motor FY ...__-__.Mail.._,_--.Uepartment Pick Up - — 2 3,100.00 Thank you for your business! SUBTOTAL 47,574.00 Remit to address: TAX 0.00 Global Pump Solutions 4541JD Mouser Pkwy Alvarado TX 76009 Page 1 of 2 Page 41 P,_Y OWN OF PRLSPER A Place Where Everyone Matters To: Mayor and Town Council From: Carrie Jones, Director of Public Works Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Concrete Replacement and Repair Services Town Council Meeting — August 13, 2024 PUBLIC WORKS Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to approve $600,000 in expenditures under the existing contract with WOPAC Construction, Inc., (WOPAC) Bid No. 2019-53-A, for miscellaneous concrete replacement and repair services. Description of Agenda Item: In October 2023, the Town Council approved the renewal of a one-year contract with WOPAC under Bid No. 2019-53-A, with an estimated not -to -exceed expenditure of $260,000. To date, the Town has paid $185,190 to WOPAC for various concrete repairs throughout the Town. Public Works has received a quote from WOPAC for the repair and replacement of several panels along the Dallas North Tollway service road that have failed and could not be injected by Uretek. The estimated cost for these repairs is $107,896.50. If not repaired, the panel failures will worsen and likely impact service levels on Dallas Parkway. The new panels will withstand the increased traffic on the outside lanes associated with the inside lane closures planned to accommodate construction of the Dallas North Tollway. Additionally, Facilities is utilizing WOPAC's services under this contract to expand the rear parking area for the Police and Fire Stations at an additional cost of $210,586.50. Given these additional repairs and projects within this year's budget, Staff anticipates the need to increase the estimated not -to -exceed amount from $260,000 to $600,000. This increase will cover the entire cost of the parking lot expansion, repairs along the service road of Dallas North Tollway, and allow approximately $100,000 for any remaining concrete work that needs to be completed prior to the end of fiscal year 2023-2024. Budget Impact: The Town will continue to only pay for actual quantities installed and/or repaired. The funding source for concrete panel replacement is 100-5480-50-01 (Contracted Services), 100-5485-50-01 (Contracted Services — Annual). The additional parking for the Police Department is proposed to be funded with unallocated public safety bond funds from account 750-6610-10-00-2413-FC. The Page 1 of 2 Page 42 Town Council CIP Subcommittee has reviewed and recommended the PD parking expansion Item s. project. Attached Documents: 1. WOPAC Concrete Repair Estimate 2. WOPAC Estimate for PD Parking Expansion Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to approve $600,000 in expenditures under the existing contract with WOPAC Construction, Inc., (WOPAC) Bid No. 2019-53-A, for miscellaneous concrete replacement and repair services. Proposed Motion: I move to approve authorizing the Town Manager to approve $600,000 in expenditures under the existing contract with WOPAC Construction, Inc., (WOPAC) Bid No. 2019-53-A, for miscellaneous concrete replacement and repair services. Page 2 of 2 Page 43 WOPAC Const. Inc. Estimate P.O. Box 819 Estimate No: Prosper, TX 75078 Date: 972-562-8316 adamleachwopac@aol.com wopacconst.com Quote To: jo Town of Prosper P.O. Box 307 Prosper, TX 75078 2683 7/16/2024 WOPAC Construction Inc. hereinafter called the company, offers to furnish all labor, materials and equipment required for the performance of the following described work. Job and Location: Misc Concrete Repairs on DNT Item Description Quantity Unit Rate Amount 1 Line 2 - Remove 6"-8" Reinforced Concrete Pavement 51-250 SY 675 SY $29.00 $19,575.00 2 Line 10 - Install 8" Reinforced Concrete Pavement (4000 psi) 51-250 SY 675 SY $85.00 $57,375.00 3 Line 11 - Saw cut full depth concrete pavement and alley pavement. 435 LF $6.00 $2,610.00 4 Additional for 2" Remove Reinforced Concrete Pavement. 675 SY $7.24 $4,887.00 5 Additional for 2" Install Reinforced Concrete Pavement (4000 psi) 675 SY $21.24 $14,337.00 Item Description Quantity Unit Rate Am 6 Additional for High Early Concrete. 675 $Y $13.50 $9,11 Item 8. CITY OF PROSPER TO PROVIDE BARRICADES AND TRAFFIC Grand Total $107,896.50 CONTROL. By: Day By: Wopac Const. Inc. WOPAC Const. Inc. Estimate P.O. Box 819 Estimate No: Prosper, TX 75078 Date: 972-562-8316 adamleachwopac@aol.com wopacconst.com Quote To: jo Town of Prosper P.O. Box 307 Prosper, TX 75078 2675 7/9/2024 WOPAC Construction Inc. hereinafter called the company, offers to furnish all labor, materials and equipment required for the performance of the following described work. Job and Location: Expand parking at Police Dept and Fire Dept. 38 Additional Parking areas Item Description Quantity Unit Rate Amount 1 Area 1 - Remove dirt and replace with 6", 4000 psi concrete paving with dowells into 1000 SF $19.50 $19,500.00 existing pavement and 90 LF of curb - 50'x20'. Haul off additional dirt and 50 LF of curb. 5 additional parking spaces provided. 2 Area 2 - Remove and relocate existing metal fence. Remove dirt and replace with 6", 2640 SF $22.85 $60,324.00 000 psi concrete paving with dowells into existing pavement and 164 LF of curb - 120'x22'. Haul off additional dirt and 120 LF of curb. 12 additional parking spaces provided. 3 Area 3 - Remove dirt and replace with 6", 4000 psi concrete paving with dowells into 800 SF $19.50 $15,600.00 existing pavement with 60 LF of curb - 40'x20'. Haul off additional dirt and 60 LF of curb. 4 additional parking spaces provided. 4 Area 4 - Remove dirt and replace with 6", 4000 psi concrete paving with dowells into 200 SF $19.50 $3,900.00 existing pavement and 10 LF of curb - 20'x10' Haul off additional dirt and 50 LF of curb. 1 additional parking space provided. 5 Area 5 - Remove dirt and replace with 6", 4000 psi concrete paving with dowells into 80 SF $19.50 $15,600.00 xisitng pavement with 60 LF of curb - 40'x20'. Haul off additional dirt and 20 LF of curb. 4 additional parking spaces provided. 6 Area 6 - Remove dirt and replace with 6", 4000 psi concrete paving with dowells into 1040 SF $19.50 $20,280.00 existing pavement and 92 LF of curb - 40'x26'. Haul off additional dirt and 40 LF of curb. 4 additional parking spaces provided. 7 Area 7 - Remove dirt and concrete and replace with 6", 4000 psi concrete paving with 1200 SF $19.50 $23,400.00 owells into existing pavement and 160 LF of curb and reshaping radius - 2) areas O'x30'. Haul off additional dirt and 130 LF of curb. 4 additional parking spaces provided. 8 krea 8 - Remove dirt and concrete and replace with 6", 4000 psi concrete paving with 1200 SF $19.50 $23,400.00 owells into existing pavement and 160 LF of curb and reshaping radius- 2) areas 0'x30'. Haul off additional dirt and 130 LF of curb. 4 additional parking spaces provided. 9 Performance, Payment and Maint bond. 1 LS $12,770.00 $12,770.00 Item Description Quantity Unit Rate Am 10 Irrigation and Elec. rerouting. 1 LS $15,812.50 $15,81 Item 8. By: Day Grand Total $210,586.50 By: Wopac Const. Inc. PRLOWN OF SPER A Place Where Everyone Matters To: Mayor and Town Council ENGINEERING SERVICES From: Pete Anaya, P.E., Assistant Director of Engineering Services —Capital Projects Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Professional Services Agreement Prosper Lower Pressure Plane Phase 2A Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Prosper Lower Pressure Plane Phase 2A project for $102,820. Description of Agenda Item: At the May 28, 2024, Town Council meeting, the Town Council awarded Mountain Cascade of Texas, LLC the construction contract for the Prosper Lower Pressure Plane Phase 2A project. In conformance with standard practice for governmental entities, the Town of Prosper is contracting with an independent firm for professional construction materials testing and observation services instead of the selected contractor including these services in their proposals. Construction materials testing and observation services are typically 1 % to 5% of a project's construction cost depending on its scope. The proposal from Geotex Engineering LLC, for construction materials testing and observation services is 1.45% of the CIP project's construction cost. The proposed services will be delivered on an as -needed basis and invoiced based on the actual quantity of work performed during construction. After establishing a fee schedule, the scope of services has been estimated based on standard practices and requirements for materials testing frequencies within the construction industry. At the October 24, 2023, Town Council meeting, the Town Council approved a list of qualified firms, which included services for Geotechnical Engineering and Material Testing. Geotex Engineering LLC (formerly known as D&S Engineering Labs, Inc.), is included on the approved list and has successfully worked on several projects within the Town of Prosper. Page 1 of 2 Page 48 Budget Impact: The estimated cost for the professional construction materials testing and observation services is $102,820.00. Funding to be provided from the $11,437,394.45 construction budget for the Prosper Lower Pressure Plane Phase 2A project in Account No. 760-6610-10-00-1810-WA. The approved construction contract with Mountain Cascade of Texas, LLC is $7,101,331.00 and including the professional construction materials testing and observation services agreement, there is $4,233,243.45 remaining in the construction budget. Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Services Agreement 2. Location Map Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Prosper Lower Pressure Plane Phase 2A project for $102,820. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Prosper Lower Pressure Plane Phase 2A project for $102,820. Page 2 of 2 Page 49 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE PROSPER LOWER PRESSURE PLANE PHASE 2A PROJECT (1810-WA) This Agreement for Professional Services, hereinafter called "Agreement," is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called "Town," and GEOTEX ENGINEERING LLC, a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called "Consultant," relative to Consultant providing professional construction materials testing & observation services to Town. Town and Consultant when mentioned collectively shall be referred to as the `Parties." WITNESS ETH: WHEREAS, Town desires to obtain professional construction materials testing & observation services in connection with the PROSPER LOWER PRESSURE PLANE PHASE 2A Project (1810-WA), hereinafter called "Project"; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govem and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant's services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement an amount not -to -exceed One Hundred Two Thousand, Eight Hundred Twenty Dollars and Zero Cents ($102,820.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. All other not to exceed fees shall be billed monthly based on the units of work that have been completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 1d Page 50 of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (t 0) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town's Obligations. Town agrees that it will (i) designate a specific person as Town's representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant's work for Town, (iv) make prompt payments in response to Consultant's statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town's representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant's services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer's personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer's compensation shall be equitably adjusted to reflect any difference in Engineer's costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF Page 51 RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY'S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS, 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Geotex Engineering LLC Town of Prosper Amy Brothers, P.E., President / Owner Mario Canizares, Town Manager P.O. Box 855 PO Box 307 Collinsville, TX 76233 Prosper, TX 75078 ABrothers(ageotex-engineerinq.com mcanizares@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party, This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word, 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non -binding mediation. PROFESSIONAL SERVICES AGREEMENT VERSION 05I22 PAGE 3 OF Page 52 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorneys fees (including its reasonable costs and attorney's fees on any appeal). 19. "Anti -Israel Boycott" Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a "foreign terrorist organization" as defined in § 2252.151 of the Texas Government Code, 21. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller's Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. 22. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the day of ,20 GEOTEX ENGINEERING LLC TOWN OF PROSPER, TEXAS By: dVtA4, By: Signat e Printed qame ?re5i�ey�-� Title -11�.a�� Date —� PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 Signature Mario Canizares Printed Name Town Manager Title Date PAL ' 1P -i Page 53 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE PROSPER LOWER PRESSURE PLANE PHASE 2A PROJECT (i810-WA) The remainder of this page intentionally left blank. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 14 Page 54 GE07EX F MGIMEE RIH4 July 9, 2024 Project No.: 24-0203 Ms. Lindy Higginbotham Town of Prosper lhigginbotham@prospertx.gov Subject: Construction Materials Testing Services Prosper Lower Pressure Plane Phase It Prosper, Texas Dear Ms. Higginbotham: Geotex Engineering is pleased to submit this proposal for construction materials testing for the above - referenced project. We understand that the project entails the addition and expansion improvements to the42-inch Water Line In Prosper, Texas. This proposal is based on the civil bid set plans and project specifications dated 4/1912024. PROJECT INFORMATION Based on our review of the project plans and specifications, we understand that the project will consist of the followi ng: Paving and sidewalks: • Scarified -ind re -compacted subgrade for pavements • 6-inch aggregate base paving subgrade • Portland cement concrete paving ♦ 42-Inch Water Line: Utility trench backfill Welded connections SCOPE OF SERVICES The following scope of services is based on our review of the project documents and is limited to providing testing and/or observations for the previously mentioned construction. We do request that your construction representative provide us with a 244ournotice%rscheduling purposes. Some -day call -ins will be billed at premium rates. As such, we agree to provide the appropriate personnel to perform the below construction materials services. 1102 shady Oaks Drive, Penton, Texas 76205-7930 Phone 940,735-3733 • Fax:940.591-6570 • www.geotex-engineering.com Texas Engineer Firm Registration 0 F-12796 Oklahoma Engineering Firm Certificate of Authorization CA 7191 PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 6OFI Prosper Lower Pressure Plarne Phase l! Prosper, Texas Earthwork D Obtain and perform laboratory moisture/density relations (ASTM D698) and soil classification tests (liquid limit, plastic limit, and percent finer than no, 200 sieve analysis) for each soil type D Perform in -place moisture/density tests at the proposed rate of 1/3,000 square feet for the building pad,115,000 square feet for paving areas; and 1/150 linear feet for trench utility backfill and grade beam backfill per lift, with a minimum of 3 tests per lift D Perform sulfate tests on pavement subgrade at the rate of 1/5,000 square feet Perform a pH test per 600 feet of spacing or less along each roadway and fire lane direction D Determine swell potential every 900 feet spacing or less along each roadway and fire lane direction D Perform in -place sieve analysis and depth checks at the rate of 1/5,000 square feet on lime treated paving subgrades it' on Steel - Perform reinforcinC steel observation which will include: ■ verify the number and size of bars ■ verify clearance between bars and spacing ■ verify securing, tying, and chairing of bars Cast -In -Place Concrete D Perform testing during concrete placements, which will include: * perform ambient and concrete temperature determinations ■ perform entrained air content determination ■ perform slump determination r Cast concrete test cylinders at the proposed rate of 5/100 cubic yards of concrete placed for pavement, or a fraction thereof placed per day r Compressive strength determination of concrete test cylinders with one tested at 7 days, three tested at 28 days, z.nd one held in reserve Structural Steel Perform visual observation on welded connections y Perform magnetic particle observation on "full -penetration"' welded connections Notes and Qualifications: Preparation of a compliance letter or other tasks and services that will require Professional Engineering (PE) hours will be billed at the PE's rate of $250/hour, PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF Page 56 Prosper Lower Pressure Plane Phan_ Y Prosper, Texas COMPENSATION While testing is dependent on the construction sequence, contractor performance and efficiency, weather conditions, and the actual testing performed, we suggest an estimated budget of $102,820. The invoicing for this project will use the attached Fee Schedule and the actual quantity of work performed. The estimated budget will not be exceeded without prior approval. Services provided by Geotex Engineering Will be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. Estimates are valid for 60 days. If ICC Special Inspections are requested or required, additional fees will apply. Any additional testing that the client requests will be billed. Fees are subject to increases upon the calendar year or following years of signing the contract. Additional slump, entrained air, and temperature tests requested will be charged to the client. (Slump-$20), (Entrained Air and !Unit Weight-$25), (Temperature-$S), If NICET inspector is required, additional fees will apply. A Letter of Agreement for your execution will be forwarded to your office upon your approval of this proposal. We appreciate the opportunity to provide you with our services. Please call if you have any questions or wish to discuss any aspect of our proposal. Sincerely, Geotex Engineering, LLC Mr. Robert Duncan Senior CMET Project Manager Attachments. Budget Estimate PROFESSIONAL SERVICES AGREEMENT VERSION 05122 PAGE 8 OF Page 57 PROF EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE PROSPER LOWER PRESSURE PLANE PHASE 2A PROJECT (1810-WA) The remainder of this page intentionally left blank ESSIONAL SERVICES AGREEMENT VERSION 05122 PAGE 9 OF Page 58 �teGR1e[11101C. Budget 63thru to for Construction Materials Testing & Observation Services Prosper tower Pressure Plane Phase II - water Pip Rw Prooer, Texas 24-0203 6eotea Engineertng, LLC 2101 Shady Oaks Dr Denton. Texas Phone: 940.735.3433 Item Quantittl Unft lhnitRate7S3,70D.00 Moisture Density Relations (ASTM W98 - Method A or 8) 20 each $185.00Moisture Density Relations (ASTM DM - Method C) 1 each $200.00Atterberg Limits (ASTM 4318) 21 each $95.00Minus200SieveAnalysis 20 each $50.00SiieveAnalysis 1 each $125.00 Oversized R_ekCorrectlon 1 each $80.00 $90.00 In -Place Moisture -Density Tests (Paving) Min 3 Per Top 12 each $20.00 S241I.00 in -Place M0isture-Den5ltyTests (Utilities) Min 3 Per Trip 2-J each $2D.00 $S,200.00 Certified Engineering Solis TechnicIan- paving (Min,4hrs. pertrip) 16 hour %M(ID $96000 Certified Engineering Soils Technician - Utilities (Min.4hij.per trip) 340 hour $60.00 $20A00.00 Trip Charge e3 trip $50.00 S4,5t1 i)lli Project Manager ProectAdministration 34 hour $125.00 S4,250,00 n/a % 1 10 5426500 Estimated Total for Earthwork Services for Pawin & Utilities: $46,915.00 r Concrete Test Cylinders (4 x 8 Inch) J0 each $25.00 $750.00 (Includes: ambient &Concrete temperatures, slump, a,r & unit weight) Certified Engineering Concrete Technician (Min. 4 furs. per trip) 40 hour $60.OL $2,400.00 (includes reinforcing observation & cylinder pick up) Trip Charge 1 trip $50.00 $450.00 Project Manager 4 hour $125.00 $500.00 Project Administration n/a 10 S410.00 Estimated Total for Concrete Services for Paving: 1 $4 510.00 CWi Specialist Vlsual Observation (Mirk, 5 hrs. per trip) 205 hour $85.00 $17,425.00 Magnetic Particle Inspection (Min. 5 his. per trip) 205 hour $BS.00 $17,425.00 Matenal Fee Trip Charge 51 day $50.00 $2,550.Oti Project Manager 51 trip $50.00 $2,SSO.00 Proled Administration 3n hour S125.00 $4,500.00 We % 10 Aar An $4M___ Estimated Project Solup Fee Total for Structural Steel Services: iuwance for Sr. Engineer 1 each $250.00 9 hour $250.f 2 y backfril testing Ate rate of 1 Trip Per 2' fill lift and per SW linear feet backfoled per lift. lg Subgrade tested in 6 sections of approximately 250lineal feet per trip. rete Paving tested in 4 sectionsofapprarimately 250lineal feet per trip, In Place 12 Type A) manholes placed in 2 placements Welds (visual and Magnetic Particle) tested in 1 trip per each 20O lineal foot sections, excess of above stated quantities or additlonal tests rot tg of any falled tests / observation 'ary site curing facility compliance letter --.... ..ou-rory tests, mcnuae the equipment necessary to accomplish the rack. Fcas not listed above are available upon request. Estimates are val;d for 60 days. Any additional testing that the client requests wilt be billed. There will be a 50%surcharge to the standard testing fees on all testing performed an rush orders. All services and personnel tees are subject to a minimum fee of four hours per trip for all scheduled inspections, site visits and far cancellations (on -site or in route) unless noted otherwise. Hourly rates quoted are portal to portal and apply to standard work days, Monday through Friday7,OD am to ::00 pm. Overtime rate of 1S times the quoted rate will be applied outKde of the standard work hours, over a hours a day and on aturd,iy. Sundays and Holidays will be billed at 2 times the quoted rates, Fees listed above ace Per unitftur, urilt:ss otherwise noted. ame-0ay call4nsto be billed at 1.5 times the hourly rate or the available personnel, up to and Including the project managrr s rate. 'ees listed are for informational use only and are subject to change if 1CC Spetiai inspections are required, additional fees will apply. *es are subject to Increases upon the calendar year or following years of signing the contract. Additional slump, entrained air and emperature tests requested will t'� charbed to client. (Slump-$20), (Enirairted Air and Unit Weight•$25), (Temperature-$5), If NICET _--'-- PROFESSIONAL SERVICES AGREEMENT VERSION[ 05/22 PAGE 10 OF Page 59 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. "Occurrence" form only, "claims made" forms are unacceptable,, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers' Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: Commercial General Liability: $500,000 per occurrence 1$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: Premises 1 Operations b. Broad Form Contractual Liability C. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer's Liability. Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer's Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non -owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF -INSURED RETENTIONS Any deductible or self -insured retentions in excess of $10,000 must be declared to and approved by the Town. PROFESSIONAL SERVICES AGREEMENT VERSION 05122 PAGE 11 OF ` Page 60 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as "Additional Insureds" relafive to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider's insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider's insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, Its officers, officials, employees, boards and commissions or volunteers. d. The providers insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured's limits of liability. 2. Workers Compensation and Employers Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non -renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and 1 or Errors and Omissions: "Claims made" policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best's rating of no less than A. VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 PROFESSIONAL SERVICES AGREEMENT VERSION 05122 PAGE 12 c Page 61 EXHIBIT D CONFLICT OF INTEREST AFFIDAVIT PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE PROSPER LOWER PRESSURE PLANE PHASE 2A PROJECT (1810-WA) THE STATE OF TEXAS § — COUNTYOF I ry ail - §§ a member of the Consultant team, make this affidavit and hereby on oath state the following: I, and/or a person or persons related to me, have the following interest in a business entity that would be affected by the work or decision on the Project (Check all that apply): Ownership of 10% or more of the vofing shares of the business entity. Ownership of $25,000.00 or more of the flair market value of the business entity. Funds received from the business entity exceed 10% of my income for the previous year. Real property is involved, and I have an equitable or legal ownership with a fair market value of at least $26,000.00. A relative of mine has substantial interest in the business entity or property that would be affected by my decision of the public body of which I am a member. f Other: None of the Above. Upon filing this affidavit with the Town of Prosper, Texas, I further affirm that no relative of mine, in the first degree by consanguinity or affinity, as defined in Chapter 573 of the Texas Government Code, is a member of the public body which took action on the agreement. I Signed this 4-� day of TV f s tde�-3- Signatur Official / Title BEFORE ME, the undersigned authority, this day personally appeared rM p lr� and on oath stated that the facts hereinabove stated are true to thebestof his I her knowledge or belief. Sworn to and subscribed before me on this Zdaday of V v L 20 ��4YPfi CATALINA NANLAL Notary Public in and for the State of Texas Notary Public, of Texas O t ��� Comm. Expiress ©fi 06- o1-a027 My Commission expires: L Notary ID 134386537 PROFESSIONAL SERVICES AGREEMENT VERSION 05122 PAGE 13 OF Page 62 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vfaftdw doing business with WmI gavemrliantmi ontity rnW queaM AIMIa WW" tMrrgtt WAM 10 ifre tar by KB. 23. !$h J.%. AR984tl Seealc& OFRM IBEO ,-Y TM grieeaonriara Is t»p stars In aDDWdanaa wth CMWOr 176, Lout Gwarnmrd f oft by a verrbtr who riot Roc.ir.a has a bJW*m re1HIMetrap se dOMW by Sedlm I?&DOI (1-4 wth a tot» qww memo! enter and he Ymmr meals reWrerrrrnis wrier Socbm Mvos(W. gY rar inn wessarriare Must tee tired wt Ina TeoorM as **dralor at the M govannIeafal eau nil safer Mart bte 7th hrrsinew daft afar the rtele hte Vender becomes aware Ot lerta rttl ISWre the saaWwrit to to Mad. See Section 17S906{a-]), WA GoVartrnenl CaDe- A VN Acr OOrthrib an ovens t !fish Vendor Rnnthglf Vlofelea SaaWn 176.006, LOM GVVCrnmsrtt Coda. An dense Under !Ile sKbw is a nowtrneemr. 1 Haeraof�rartdoiwAohaaabussaassralanarWlipwithbalga�v�errrrwrrlslerttlly. 2 ❑ Ch.* Misbox if yeuara FinQ sn Wdelmt.. prevraue}y lied 4.iflion ours. (The law rcquies thetyou Ile an updaiad wed questionnaire with the appropriate fli ng aulhDriLlr not Ider *.an the 71h 6usincss day alter the dale on wt,;r_h you became aware ffid gte on ni* Red gttes1Jmv we was vtcarpleie or inaccurate) ?J Nn oflocalgovemrnerdaf erahoiAwhonift trlvrmatienlebeing dieciosed Name of Officer 4 DamNum each serer niiont or other budnew rvtatidrsehip with the brat pavemrnare oltider, or a fsrniy mponibar of the offic aymr domed by Sectian 1X003(aj(W4 Also dascnbe any hway re taponahtp hvIII the lDc al gum mrnentoMcer. CompbisaDbpertsAandf3foreachmWil fmart or businew relzborkokp dmORed. AttachaddmoneipagestothisFomi { as racem ry. A. to the local gDV-LxI-d erit of oar or a farmiy member at the offioar recrhving or likely to recaira tamNa income. other tha.a irnrsehment income, born the vwidor? 0 Yes E-1 No B. Is the vsndorraesiv Vor likely to receive tmmble income, other than investment interne, from or at the dreriion d the focal gm mmant officer at a family men bw of tabs olio-.erAND the tmrabla bxxmw is not reoph od ham the local gmsinmertat erkly? Yea O Plc 5 DeacnbGeach em mantorbpaimante plDy laliDrwFrp tlhatlhavendor rterred in 5ectiort'1 rtarivame with a corporation or other buaim m entity with map ct to whiiclh the lard government officer aery aft an of8der or afirecter, or hatda an ommrship irnereat of one percem or more. 8 ❑Chods this hoot it the vandDr has given ttra local goy erne em olker or 3 tamiy member of the officer one or more gills as deartibed in Section 178A03l90Z03), atriudng gifts deacrilmd in Seofim 176.0W(et-1)- 7 -Watt" W 171dor dung bu rHm wrtm tie govemrnerrar W14 DE19 Form prOMM by Ter3S IliMM Carrek55lon www.emics-slate-hr-its p"Ism 111392015 PROFESSIONAL SERVICES AGREEMENT VERSION 05122 PAGE 14 OF Q. Page 63 Item 9. LOCATION MAP NLower Pressure Plane Phase 2A Water Line Materials Testing & Observation Services Agreement Page 64 P,-y OWN OF PRLSPER A Place Where Everyone Matters To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director TOWN SECRETARY Re: Sign Ordinance Amendment — Political Signs Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Section 3.14.012(2)(H) of the Town's Code of Ordinances as it relates to Political Signs. Description of Agenda Item: The Town has recently experienced damage to several irrigation lines within landscaped areas that have occurred as a result of objects puncturing these lines. Therefore, to take a proactive approach, Town staff is proposing an amendment to the sign ordinance. The amendment will designate areas of sign placement at a Town building during voting and/or special events and further define the size of any stake. The proposed ordinance would add the following language outlined in red: A political sign at a polling place at a Town building is allowed in the grass at least eighteen inches (18") from the curb or concrete edge. Signs are prohibited in landscaped areas, which include areas with plants, mulch, rocks, or crushed granite. e. A political sign at a polling place at a Town building shall not exceed four feet in height or have a total sign area in excess of six square feet. Political signs shall not utilize any stake that penetrates the ground more than six inches or is greater than one inch in diameter and shall not be illuminated or have any moving elements. If approved, staff will update all election materials including adding a map(s) to be used for communicating the Town's policy on political signs as well as post to the Elections page of the Town's website. Additionally, during voting, the designated areas will be marked accordingly. Budget Impact: There is no budgetary impact affiliated with this item. Page 1 of 2 Page 65 Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., and legality. Attached Documents: 1. Ordinance Item 10. has approved the attached ordinance as to form Town Staff Recommendation: Town Staff recommends the Town Council approve an ordinance amending Section 3.14.012(2)(H) of the Town's Code of Ordinances as it relates to Political Signs. Proposed Motion: I move to approve an ordinance amending Section 3.14.012(2)(H) of the Town's Code of Ordinances as it relates to Political Signs. Page 2 of 2 Page 66 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBPART (H), "POLITICAL SIGN," CONTAINED IN SUBSECTION 2, "FREESTANDING SIGNAGE," OF SECTION 3.14.012, "CRITERIA FOR PERMISSIBLE SIGNS," OF ARTICLE 3.14, "SIGNS," OF CHAPTER 3, "BUILDING REGULATIONS," OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS, BY AMENDING THE LOCATION WHERE POLTICAL SIGNS MAY BE PLACED ON TOWN PROPERTY WHERE A POLLING PLACE HAS BEEN DESIGNATED; MAKING FINDINGS; PROVIDING FOR SEVERABILITY, SAVINGS AND REPEALING CLAUSES; PROVIDING FOR PENALTIES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipality under the laws of the State of Texas and is duly incorporated; and WHEREAS, the Town possesses the full power of self-government, as authorized by the Texas Constitution and the Town's duly adopted Charter; and WHEREAS, the Town Council has determined that certain restrictions relative to political signs being placed at Town facilities where a polling place has been designated should be enacted due to damage that has occurred to Town landscaping and irrigation systems in the past; and WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has determined that the following restrictions will decrease the damage that has occurred to Town landscaping and irrigations systems. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above findings are hereby found to be true and correct and are hereby incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Subpart (H), "Political Sign," contained in Subsection 2, "Freestanding Signage," of Section 3.14.012, "Criteria for Permissible Signs," of Article 3.14, "Signs," of Chapter 3, "Building Regulations," of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by addressing the location of political signs on Town property being utilized as a polling place, to read as follows: "Sec. 3.14.012 Criteria for permissible signs The following signs are permissible, subject to the following conditions listed in Section 3.14.008 of this article. Signs that do not comply with the following conditions and specifications or are not covered within this article are considered prohibited. (2) Freestanding signage. (H) Political sign. (i) Location and standards. a. State law provides certain restrictions on political signage at polling places as well as on private real property. The town hereby incorporates applicable provisions of such state law into this sign article. V.C.T.A. Local Government Code, § 216.903, as amended, authorizes, among others, the placement of signs that contain primarily a political message on private real property with the consent of the property owner; subject to the following: Shall not have an area greater than 36 square feet; 2. Shall not be more than eight feet in height; 3. Shall not be illuminated; or 4. Shall not have any moving elements. b. Signs are not permitted on town property or within any right- of-way, except as required by V.T.C.A. Election Code, §§ 61.003 or 85.036, both as amended. C. Polling place: The town recognizes that on occasion, town buildings may be utilized as polling places. V.T.C.A. Election Code, §§ 61.003 and 85.036, both as amended, authorize, among others, the town to enact reasonable regulations concerning the time, place, and manner of electioneering, which includes the posting, use, or distribution of political signs on election days and during the early voting period. No political signs at polling places shall: Be located, affixed, or placed on any utility pole or structure, light structure, traffic signal, or sign pole; 2. Be located in or on any public right-of-way; Ordinance No. 2024-_, Page 2 Page 68 3. Be placed in a location so as to impede pedestrian or vehicular access; or 4. Otherwise create a traffic or safety hazard. d. A political sign at a polling place at a Town building is allowed in the grass at least eighteen inches (18") from the curb or concrete edge. Signs are prohibited in landscaped areas, which include areas with plants, mulch, rocks, or crushed granite. e. A political sign at a polling place at a Town building shall not exceed four feet in height or have a total sign area in excess of six square feet. Political signs shall not utilize any stake that penetrates the ground more than six inches or is greater than one inch in diameter and shall not be illuminated or have any moving elements. javr�_- 4---w�A, DOE (ii) Timeframe. Polling place: Signs may be placed any time during the first day of early voting or election day, whichever is applicable. The sign may remain during the entire period of early voting. Should the polling location also be the site of the election day voting, the sign may remain on the site between the dates of early voting and election day voting. (iii) Removal. a. Private property: Signs shall be removed within ten days after the election day. Polling place: Signs shall be removed within 24 hours of the closing of the early voting or election day polling location as provided above. Ordinance No. 2024-_, Page 3 Page 69 (iv) Permit required. No permit is required, but all political candidates and campaigns shall comply with the above conditions." SECTION 3 As authorized by Chapter 216 of the Texas Local Government Code, as amended, and other applicable law, the Town Council of the Town of Prosper hereby extends to the extraterritorial jurisdiction of the Town the application of the Sign Ordinance incorporated and referenced herein, to the extent authorized by said Chapter. SECTION 4 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 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 repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 6 Any person, firm, corporation or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00), and each and every day such violation shall continue shall constitute a separate offense. SECTION 7 This Ordinance shall become effective from and after its passage and publication. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 13TH DAY OF AUGUST, 2024. David F. Bristol, Mayor Ordinance No. 2024-_, Page 4 Page 70 ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 2024-_, Page 5 Page 71 ' Item 11. P,_Y OWN OF PLANNING PRLSPER A Place Where Everyone Matters To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Downtown Prosper Entertainment District Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 2. Development of Downtown as Destination 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Chapter 1, "General Provisions," of the Town of Prosper Code of Ordinances by adopting a new Article 1.11, "Downtown Prosper Entertainment District." Description of Agenda Item: It is the desire of the Town Council that Prosper's downtown continues to play a vital role in the cultural and social life of the Town, including dining opportunities and entertainment events. The intent of this ordinance is to define the boundaries of Downtown Prosper, as well as provide for public and private collaboration in promoting entertainment, cultural, dining and arts opportunities in the downtown by establishing a Downtown Prosper Entertainment District. The ordinance specifies that the Town may solicit grants and donations for the development of the Downtown Prosper Entertainment District and may participate in or provide incentives to persons or entities to enhance the cultural, entertainment and arts events and opportunities in the Downtown Prosper Entertainment District. Regulations for special events, as it pertains to the consumption of alcoholic beverages, are specified within the ordinance. Town -permitted special events within the district shall not be required to meet or comply with setback standards or distance requirements for the sale or purchase of alcoholic beverages. Page 1 of 2 Page 72 Location: The district would be located between First Street and Fifth Street and between McKinley Street and Coleman Street. -.1111111011 Eva Ike;. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town Staff recommends approval of an ordinance amending Chapter 1, "General Provisions," of the Town of Prosper Code of Ordinances by adopting a new Article 1.11, "Downtown Prosper Entertainment District." Proposed Motion: I move to approve/deny an ordinance amending Chapter 1, "General Provisions," of the Town of Prosper Code of Ordinances by adopting a new Article 1.11, "Downtown Prosper Entertainment District." Page 2 of 2 Page 73 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING CHAPTER 1, "GENERAL PROVISIONS," OF THE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE 1.11, "DOWNTOWN PROSPER ENTERTAINMENT DISTRICT"; MAKING FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, it is the desire of the Town Council that Downtown Prosper play and continue to play a vital role in the cultural and social life of the Town, capitalizing on the Town's long history, location and the unique role of Downtown Prosper in the events that regularly occur in the Town; and WHEREAS, Prosper, as a community that celebrates its culture, dining opportunities and arts, is and has been supportive of more entertainment events in Downtown Prosper; and WHEREAS, it is the intent of this Ordinance to define the boundaries of Downtown Prosper as well as to provide for public and private collaboration in promoting entertainment, cultural, dining and arts opportunities in Downtown Prosper; and WHEREAS, the Town Council has determined it is in the best interests of the Town's residents to establish a Downtown Prosper Entertainment District. 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, Chapter 1, "General Provisions," of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by adding a new Article 1.11, "Downtown Prosper Entertainment District," to read as follows: "ARTICLE 1.11. DOWNTOWN PROSPER ENTERTAINMENT DISTRICT Sec. 1.11.001 Creation of Downtown Prosper Entertainment District; Boundaries of the Downtown Prosper Entertainment District There is hereby created a Downtown Prosper Entertainment District. Its boundaries shall be as follows: That area of the Town located between First Street and Fifth Street, and between McKinley Street and Coleman Street. Sec. 1.11.002 Purpose of the Downtown Prosper Entertainment District. The purpose of the Downtown Prosper Entertainment District to provide an entertainment area in Downtown Prosper that plays a vital role in the cultural and social life of the Town, capitalizing on the Town's long history, location and the unique role of Downtown Prosper in the events that regularly occur in the Town, as well as a showcasing Prosper as a community that celebrates its culture, dining opportunities and arts, and is supportive of more entertainment events in Downtown Prosper, including but not limited to interpretive, educational and recreational events. Sec. 1.11.003 Authority of the Town. The Town in its sole discretion may solicit grants and donations for the development of the Downtown Prosper Entertainment District; and may participate in or provide incentives to persons or entities to enhance the cultural, entertainment and arts events and opportunities in the Downtown Prosper Entertainment District. Sec. 1.11.004 Special Events in the Downtown Prosper Entertainment District. (a) During a special event being held in the Downtown Prosper Entertainment District, open containers may not be carried into or carried within and about said District unless such alcoholic beverage is sold and dispensed by the holder of a valid, appropriate Texas Alcoholic Beverage Commission alcoholic beverage permit during a Town -permitted special event within said District. (b) During a special event being held in the Downtown Prosper Entertainment District, any alcoholic beverages that are consumed within said District must have been sold and dispensed by the holder of a valid, appropriate Texas Alcoholic Beverage Commission alcoholic beverage permit during a Town -permitted special event within said District. (c) The Downtown Prosper Entertainment District shall be depicted on a map which shall be maintained and available in the Town Secretary's office and shall be made a part of this section by reference as if shown in its entirety. (d) Any special event may be permitted for alcoholic beverages if such special event is held in conjunction with a Town -sponsored or co -sponsored event that allows alcoholic beverages to be dispensed and consumed. Sec. 1.11.005 Waiver of Certain Distance Regulations for Special Events in the Downtown Prosper Entertainment District. Notwithstanding any provision of Article 4.02 of Chapter 4 of this Code, or the Town's Zoning Ordinance, all as amended, Town -permitted special events within the Downtown Prosper Entertainment District shall not be required to meet or comply with setback standards or distance requirements for the sale or purchase of alcoholic beverages. Sec. 1.11.006 Effect of Other Laws. Nothing herein shall permit or otherwise authorize a violation of any applicable state law." Ordinance No. 2024-_-Page 2 Page 75 SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, clause, phrase or provision of this Ordinance, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases and provisions of this Ordinance, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 5 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 13T" DAY OF AUGUST, 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 2024-_-Page 3 Page 76 PRLOWN OF PLANNING SPER A Place Where Everyone Matters To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Grass and Maintenance of Sidewalks Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Chapter 6, "Health and Sanitation," of the Town of Prosper Code of Ordinances by amending the definitions of Article 6.03, "Maintenance of Property," and adding new Subsections (c) and (d) to Section 6.03.002, "Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter." Description of Agenda Item: It has been found that the growth of weeds, grass, and other vegetation on sidewalks or over curbs into the street and/or gutter can create an unsightly appearance of public infrastructure. Furthermore, it may impede safe passage on sidewalks and may impede the flow of water along a street. Adjacent to private property, there is a public right-of-way in which the street and sidewalks are constructed. This ordinance requires that the property owners maintain the grass along the sidewalks and street curbs and gutters such that there shall not be any grass, weeds, brush, or other unsightly vegetation growing on a sidewalk or curb and that the gutter remains passible for the flow of water. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance Page 1 of 2 Page 77 Town Staff Recommendation: Town Staff recommends approval of an ordinance amending Chapter 6, "Health and Sanitation," of the Town of Prosper Code of Ordinances by amending the definitions of Article 6.03, "Maintenance of Property," and adding new Subsections (c) and (d) to Section 6.03.002, "Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter." Proposed Motion: I move to approve/deny an ordinance amending Chapter 6, "Health and Sanitation," of the Town of Prosper Code of Ordinances by amending the definitions of Article 6.03, "Maintenance of Property," and adding new Subsections (c) and (d) to Section 6.03.002, "Regulation of Weeds, Rubbish, Brush, and Other Objectionable, Unsightly, or Unsanitary Matter." Page 2 of 2 Page 78 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 6.03.001, "DEFINITIONS," OF ARTICLE 6.03, "MAINTENANCE OF PROPERTY," OF CHAPTER 6, "HEALTH AND SANITATION," OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS; ADDING NEW SUBSECTIONS (c) AND (d) TO SECTION 6.03.002, "REGULATION OF WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, OR UNSANITARY MATTER," OF ARTICLE 6.03, "MAINTENANCE OF PROPERTY," OF CHAPTER 6, "HEALTH AND SANITATION," OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER, TEXAS; MAKING FINDINGS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas ("Town"), is a home -rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, the Town, as a community, has been supportive of providing safe passage for those individuals who traverse upon its sidewalks, including those residents of the Town who may be mobility impaired; and WHEREAS, the growth of weeds, grass, and other vegetation upon or onto sidewalks creates an unsightly appearance and may impede safe passage upon sidewalks by those residents who traverse the sidewalks; and WHEREAS, the growth of weeds, grass, and other vegetation over a curb into a street or gutter creates an unsightly appearance and may impede the flow of water along a street or in a gutter designed to transport water into a storm sewer system, detention system or other area where excess water is captured; and WHEREAS, the Town Council has determined it is in the best interests of the Town's residents to establish proper regulations for sidewalks and curbs throughout the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, Section 6.03.001, "Definitions," of Article 6.03, "Maintenance of Property," of Chapter 6, "Health and Sanitation," of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by adding a new definition of "sidewalk" to read as follows: "Sec. 6.03.001 Definitions. (a) For the purposes of this article, the following terms shall have the following definitions: Sidewalk means that portion of a dedicated right-of-way or easement improved and intended for pedestrian use only. SECTION 3 From and after the effective date of this Ordinance, a new Subsection (c) is hereby added to Section 6.03.002, "Regulation of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter," of Article 6.03, "Maintenance of Property," of Chapter 6, "Health and Sanitation," of the Code of Ordinances of the Town of Prosper, Texas, to read as follows: "Sec.6.03.003 Regulation of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter. *** (c) The owner or occupant of any property or a portion thereof, occupied or unoccupied, within the town, shall not allow, maintain, or permit upon any sidewalk on property any grass, weeds, brush, or other unsightly vegetation to grow thereon or onto a sidewalk. The sidewalk shall remain passable, and the owner shall be responsible for mowing, edging and/or removing the grass, weeds, brush, or unsightly vegetation on any sidewalk so as not to create an unsightly appearance or impede safe passage upon sidewalks by those residents who traverse the sidewalks. (d) The owner or occupant of any property or a portion thereof, occupied or unoccupied, within the town, shall not allow, maintain, or permit upon any curb associated with such property any grass, weeds, brush, or other unsightly vegetation to grow thereon or onto a curb. The gutter associated with such curb shall remain passable for the flow or passage of water, and the owner shall be responsible for mowing, edging and/or removing the grass, weeds, brush, or unsightly vegetation on any curb so as not to create an unsightly appearance or impede the flow or passage of water into any gutter associated with such property." SECTION 4 Any person violating any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined in accordance with Section 1.01.009 of the Code of Ordinances of the Town of Prosper, Texas, and each and every day a violation continues shall constitute a separate offense. SECTION 5 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. Ordinance No. 2024-_-Page 2 Page 80 SECTION 6 If any section, subsection, clause, phrase or provision of this Ordinance, or the application thereof to any person or circumstance, shall to any extent be held by a court of competent jurisdiction to be invalid, void or unconstitutional, the remaining sections, subsections, clauses, phrases and provisions of this Ordinance, or the application thereof to any person or circumstance, shall remain in full force and effect and shall in no way be affected, impaired or invalidated. SECTION 7 This Ordinance shall take effect and be in full force from and after its passage and publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 13TH DAY OF AUGUST, 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 2024-_-Page 3 Page 81 ' Item 13. P,-Y OWN OF PLANNING PRLSPER A Place Where Everyone Matters 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 — August 13, 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 August 6, 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-24-0049 — Mustang Texas Realty Addition, Block A, Lots 1-3 (Approved 6-0) 2. DEVAPP-24-0061 — Children's Hunger Fund Prosper, Block A, Lot 1 (Approved 6-0) 3. DEVAPP-24-0088 — Prosper Middle School Addition No. 2, Block A, Lot 1 R (Approved 6-0) 4. DEVAPP-24-0089 — Prosper Middle School & High School Addition, Block 1, Lot 1 R-1 (Approved 6-0) 5. 201 South Main Street — Bryant's First Addition, Block 6, Lots 18-21 & 22B (Approved 6-0) Town Staff Recommendation: Town Staff recommends the Town Council take no action on this item. Proposed Motion: N/A Page 1 of 1 Page 82 i I I I I I ULTIMATE IMPROVED ROAD ULTIMATE LEFT TURN LANE RIGHT-OF-WAY DEDICATION VOL 5911, PG. 1192 60' STREET EASEMENT VOL. 5708, PG. 3978 EX. FIRE LANE TO BE REMOVED DRAINAGE EASEMENT CC# 2161128001607050 (TO BE ABANDONED) PROP WATER — EASEMENT F TEMPORARY CONSTRUCTION ESMT. CC# 20140728000788820 EX. MEDIAN TO BE REMOVED ---� 10' WATER EASEMENT VOL. 2014, PG. 497 STREET EASEMENT - VOL. 2014, PG. 497 ZONING: SF-15 o $ F 25' LANDSCAPE AND ACCESS EASMENT I30' BUILDING SETBACK ULTIMATE IMPROVED ROAD ULTIMATE IMPROVED RIGHT-OF-WAY ULTIMATE IMPROVED ROAD ZONING: SF-15 TEMPORARY CONSTRUCTION EASEMENT CC# 20140728000788820 TEMPORARY FIRE LANE & ACCESS EASEMENT VOL. 2014, PG. 497 EX. FH TO BE REMOVED TRANSITION STORAGE -I- - R--250.0, FIRST STREET (VARIABLE WIDTH RIGHT-OF-WAY) (CC#2011111700124370) 60' BUILDING SETBACK (FOR 2 STORY BUILDING) DRAINAGE EASEMENT CC# 2161128001607040 LOT 10 6' MASONRY WALL - 15' LANDSCAPE BUFFER EX. CURB INLET TO BE REMOVED 50' DRAINAGE EASEMENT CC# 20140728000788830 (TO BE ABANDONED) GRAPHIC SCALE IN FEET 0 25 50 100 PROP. DUMPSTER 12'X11' ENCLOSURE 8' HEIGHT - TEMPORARY CONSTRUCTION EASEMENT CC# 20140728000788820 5'LANDSCAPE BUFFER PROP. DUMPSTER 12'X11' ENCLOSURE 8' HEIGHT T 15' DRAINAGE EASEMENT 2' PARKING OVERHANG (TYP.) 15' LANDSCAPE SETBACK 60' BUILDING SETBACK (FOR 2 STORY BUILDING) BLOCK B GREENSPOINT-PHASE 1 VOL. 2006, PG. 345 ZONING: SF PROPOSED DRAINAGE EASEMENT 5" LANDSCAPE BUFFER — 15' DRAINAGE EASEMENT --- PHASE LINE — 15' SANITARY SEWER EASEMENT VOL. 2014, PG. 497 PROP. DUMPSTER 12'X11' ENCLOSURE 8' HEIGHT 5'LANDSCAPE BUFFER 6' MASONRY WALL 30' BUILDING SETBACK LOT 2 LOT 1 15' DRAINAGE EASEMENT 2' PARKING OVERHANG (TYP.) jam-- 15' SANITARY SEWER EASEMENT 30' BUILDING SETBACK — EX. WYE INLET TO BE REMOVED LOT 1 SITE DATA SUMMARY TABLE ZONING RETAIL DISTRICT (R) PROPOSED USE RETAIL LOT AREA 63,199 SF (1.45 AC) BUILDING AREA 11,075 SF (0.25 AC) BUILDING HEIGHT 26' MAX LOT COVERAGE 17.52% FLOOR AREA RATIO 0.1752:1 PARKING RATIO 1 SPACE PER 250 SF (RETAIL) TOTAL PARKING REQUIRED 46 TOTAL PARKING PROVIDED 46 HANDICAP PARKING REQUIRED 2 HANDICAP PARKING PROVIDED 2 PARKING LOT LANDSCAPE REQUIRED 690 SF PARKING LOT LANDSCAPE PROVIDED 1,552 SF SQUARE FOOTAGE OF IMPERVIOUS SURFACE 43,785 SF OPEN SPACE REQUIRED 4,774 SF (7%) OPEN SPACE PROVIDED 6,580 SF (10.4%) LEGEND LOT 2 SITE DATA SUMMARY TABLE ZONING RETAIL DISTRICT (R) PROPOSED USE RESTAURANT/RETAIL LOT AREA 84,953 SF (1.95 AC) BUILDING AREA 17,265 SF (0.40 AC) PATIO AREA 400 SF BUILDING HEIGHT 26' MAX LOT COVERAGE 20.32% FLOOR AREA RATIO 0.2032:1 PARKING RATIO 1 SPACE PER 100 SF (RESTAURANT) 1 SPACE PER 250 SF (RETAIL) 1 SPACE PER 200 SF (RESTAURANT PATIO) TOTAL PARKING REQUIRED 96 TOTAL PARKING PROVIDED 96 HANDICAP PARKING REQUIRED 4 HANDICAP PARKING PROVIDED 4 PARKING LOT LANDSCAPE REQUIRED 1,440 SF PARKING LOT LANDSCAPE PROVIDED 8,662 SF SQUARE FOOTAGE OF IMPERVIOUS SURFACE 66,584 SF OPEN SPACE REQUIRED 5,947 SF (7%) OPEN SPACE PROVIDED 7,880 SF (9.3%) PROPERTY LINE — — — — — — — SETBACK LINE PROPOSED EASEMENT — — — — — — EXISTING EASEMENT MEN PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT OHE EXISTING OVERHEAD POWER LINE w EXISTING WATER LINE SS EXISTING SANITARY SEWER LINE = EXISTING STORM LINE PROPOSED WATER LINE w PROPOSED SANITARY SEWER LINE ss PROPOSED STORM LINE Ci} PROPOSED FIRE HYDRANT (FH) Cl PROPOSED FIRE DEPARTMENT CONNECTION (FDC) ® /1 \ BARRIER FREE RAMP (BFR) F.A.D.U.E. FIRELANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT 10 NUMBER OF PARKING SPACES PER ROW EXISTING POWER POLE EXISTING FIRE HYDRANT Q EXISTING SANITARY SEWER MANHOLE Q EXISTING STORM MANHOLE a EXISTING SIGN NOTES LOT 3 SITE DATA SUMMARY TABLE ZONING RETAIL DISTRICT (R) PROPOSED USE RETAIL LOT AREA 407,489 SF (9.26 AC) BUILDING AREA 96,441 SF (2.21 AC) PATIO AREA 1,597 SF BUILDING HEIGHT 26' MAX, 32' MAX FOR 2 STORY OFFICE/MEDICAL LOT COVERAGE 23.65% FLOOR AREA RATIO 0.2365:1 1 SPACE PER 100 SF (RESTAURANT) 1 SPACE PER 250 SF (RETAIL) PARKING RATIO 1 SPACE PER 250 SF (MEDICAL) 1 SPACE PER 350 SF (OFFICE) 1 SPACE PER 200 SF (RESTAURANT PATIO) TOTAL PARKING REQUIRED 460 TOTAL PARKING PROVIDED 486 HANDICAP PARKING REQUIRED 9 HANDICAP PARKING PROVIDED 9 PARKING LOT LANDSCAPE 7,290 SF REQUIRED PARKING LOT LANDSCAPE 16,242 SF PROVIDED SQUARE FOOTAGE OF 315,686 SF IMPERVIOUS SURFACE OPEN SPACE REQUIRED 28,540 SF (7%) OPEN SPACE PROVIDED 28,994 SF (7.1%) wZ U GREENSPOINT Ygo NORTH 0 OOK STONEYBR Location EDASlte 6 W FIRST ST FIRST ST m a U LEMS CANYON LOCATION MAP N.T.S. 1. 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 TOWN OF PROSPER. 4. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.. 6. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH -OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8. OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS", AND DETENTION POND'. PRELIMINARY SITE PLAN TOWN OF PROSPER CASE NO. DEVAPP-24-0049 MUSTANG CROSSING MUSTANG TEXAS REALTY ADDITION BLOCK A, LOTS 1-3 TOWN OF PROSPER, COLLIN COUNTY, TEXAS JUNE 2024 ENGINEER/SURVEYOR OWNER/DEVELOPER KIMLEY-HORN AND ASSOCIATES, INC. MUSTANG TEXAS REALTY LLC 13455 NOEL ROAD 1505 ISAAC LANE TWO GALLERIA OFFICE TOWER, SUITE 700 MCKINNEY, TEXAS 75071 DALLAS, TEXAS 75240 CONTACT: MR. PHANI JUNGA TELEPHONE: (972) 770-1300 PHANI.J7@GMAIL.COM TBPE NO. F-928 CONTACT: CAITLIN FLAHERTY, P.E. Item 13. / t26�SEWESEM�NTT r WATER METER SCHEDULE /7/11,/\�/ I.D. TYPE SIZE NO. SAN. SEW 0 DOMESTIC 3" 1 1- 8" QB IRRIGATION 2" 1 - / J �CETRZAIASEMENf ifv�bl/j- // /I�i // 6'SIDEWIWAIL K / 1 \\------=��/%// /' /i R250' �R39 // \\\1 ' ��� ABS A01�-COULIN COUN_TY— — — — — I I' ;`� / ' SeHOO-LAB #12 SURVEY, — — -- f / / / / / BFR i{� SHEET 4, TRACT 23, 1S7-75--- ACRESA=32°44'49" / / I �ApFLP / / ' R30' J� _ — , S— — / / R=1145.00' _ ,%' I / / / J — — C — i L=654.41' / ,doo CB=N56°41'15"E / I % C=645.4'-/ // �// / RI WA pep�� T � // / -n III I J wl \ i lJ` 6' SIDR3WAI�K� BF / 0T' / � / /' // a FIRELANE,ACCESS, 1 / / ' DRAINAGE & UTILITY Cl / a L EASEMENT / A / / / / — / / Z / i R3 ' 20' JB \ A=32°44'49" /' / 6� C \/%, // C // (TYP.) \ R=1145.00' i / i0 / / / L=654 41' `�� / / j / 24 ,fN� w W{}E s J51R PROJECT o LOCATION o o� _ P� ROAD NAME COLLECTOR ARTERIAL HIG—Al VICINITY MAP 3 / ij�i \ CB=S56°41'15"W // /// /j/ 5C� �\ \ �- F� P 4' SIDW EALK NOTES \ / � 1 C=645.54' / // // / I / // 124' I I PROPEI�TYje LINE 6' SIDEWALK 10 \ 20 - a 20' 0) } 30 FRONT R25 ' / /� BUILDING SETBACK Q I / 2 �//Z / 25' LANDSCAPE EASEMEN f H4% / o�� , I r / / rx�/ s \ 2io'�/j / / /rr BFR �— r cl Al, I j/% / / sy� \ \ I I I 15 SEWER EASEMENTS, \ y� BFR _ (TYPE R 0' f I I / A=5141134" R=1145.00' I / L=113.76' / Gj� / / // x \ \ ^ \ \ CB=S43°09'40"W %;� %//: / / A / �� A \ / I v C=1 13.72'�A j/ // �\ / u —� --- ----- — — — — — — — 50' GAS EASEMENT I QP WALK // \ \ — — L�Q J 20 0' __�©-- �svo ;e - O 24' — L 20' \ \ 0 A=2°14'41" // / // / // // / I I (TYP.) I I —I — _ / 168' EXISTING GAS LINE \ I R=1145.00' / �/ ! / / /�/ / IG rT -0'�--� 26' FIRE LANE, ACCESS, L=44.86' / / / / a L / 24' I ori CB=S47°07'48"W� 3 �J ® °' / I W I I r° DRAINAGE, &UTILITY C=44.86' �/ ///// / 14 4 20 I I I EASEMENT / ( ) II T�I 4'SID W LK I \ pQ9,p� N / TYP © I \ N.T.S. ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. i 1. ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3. ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH -OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8. OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND A=36 5247 4 `li ( I Cl \ I \ R=330.00' _ _ /I T _ y R104' I I \ cow BFR /// IL=212.41' Cl H I \ I // — — //,� 106=S18°19'14"E 2 6 / 4 Cl I MOUNTABLE CURBS I I\ ABS A0147 COLLIN COUNTY EX ROW / /� A / /" ' / C=208.76' O _ I��I� / EMERGENCY I \ CHOO LAND #12 SURVEY / \ S5°13'36"V // / \1/ 26' FI IANE,IACCESS , 36.20"� / // I / // / / r -1 R80' 4 L ACCESS ONLY SIGN Q I S-HF�ET4, TRACT 29, 48.090 CROS WALK M KINGS FH D AIN GE, & U ILITY S39°00'32"E x / / / �� CI UNTBLE CURBS E ,� NT �� 30' 0 I ACRES III 11.68' ZONING C .000 / I S81°56'41"E — / T — — — — JB x I RETAIL/COMMERCIAL 35.39" / / W FH MH R25' 15' CANOPY N _—> O / ' WATE�EA EEMMENT OVER A MH 13' —Z FR`® 3R 0' �1 / 18' DROP�OFF ZONE 11 30' I I I I / // // / R25' 30 N cfl 30R30' S EM RGE CY ACCESS INO CURB ONLY N o � . ANOPYff]16'C R20' 15SEWER EASEMENT (ry30 .m ID WAL 26'CANOPOVERHANG 2p 15SIDE BUILDING SETBACK� 4°8'2920' OVERHANG 56 R56' — o R-270.00' o ` 282' / (YP.) — APE SETBACK - L=162Ful .46/ m /CB=S170705E 4 I—U,C=160.02' cv /� �o — FIM / at I/ —I / HVAC UNITS TO BE 5 / A=36 I / / °52'47" 9 30' — — SCREENED BY PARAPET. X WATER EASEMENT �� 2 I I I // / L=212.41' / 1 1 3000'' BUI DING SETBA REFERENCE FACADE PLANS FOR DETAIL B 218' III CB=S18°19'14"E R 18' 7 J C=208.76' lop/ \ 3 do/ /' / / ' I 20 BUILDING O I /� 26' FIRE LANE, ACCESS, —— Y TEMPORARY CONSTRUCTION EASEMENT / (TY .) � � I I DRAINAGE, & UTILITY 88,431 GSF / 1 DRAINAGE EASEMENT �� EASEMENT 2 STORY, 40'-0" � f / // A=34°28'29" 24' COMMUNITY CENTER ° — / 3- I�►I GREASE TRAP _ / • R=270.00' " AND SAMPLE WELL,.-- — — HVAC UNITS TO BE L=162.46' �H ° 26' FIRE LANE, ACCES / CB=S17°07'05"E \ \ FH I SAMPLE WELL)/LO1 SCREENED BY PARAPETREFERENCE FACADE PLA S DRAINAGE, & UTILIl o �, EA / I I / / / / / � I 2 16' / FOR DETAIL PROP 14' MASONRYSEMEL 2- / / A=39°07'41" / 12'X12' RISER ROOM a / R=300.00' I 1 I 145' / LOADING SCREEN WALL BUS PARKING I I I I I L=204.87' a 20' w / / DOCKS PROP DUMPSTER N / ® PROP 14' MASONRY 1 I I I I ABS A0147 rOLLIN COUNTY I CB=S19°26'41"E FH \� I (TYP.)it4j F; 2' / SCREEN WALL PROP 4' PADS ENCLOSED BY Y \ Y' C=200.92' 6 RETAINING 8' MASONRY o \ I I I I (SCHOOL LAIND #12 SURVEY, I (P OPO ED R I N WALL ENCLOSURE 21 \\ I J I I SHEET 4, TRACT 64, 76.7563 I I I WM 6' ° \ I J I I CRES a PROP 4' RET WALL I I I LL ❑❑ ZO ING C I I I I 20' GI RETAIL/ OMMERCIAL TYP.) Q 15' EVERGREEN EN LIVNG PROP SWALE / ^ Z / / // I I I I I I SO°07'09"W Cl U 6' IDEWALK REEN NG _ — 14' 214.21' SO°07'09"W Q i0 TYP. F \ \ I 211.97' o / I I _ / / / I I \ \ a� LU / 5 FIRE LANE, ACCESS, / DO 2 / / \ o 1 1 v RAINAGE, & UTILITY / C Q � / I I 6' CHAIN LINK a s / / \ \ BF I o T EASEMENT FE410E/AUTOMATIC GATE a v / / I I s�B \ \ \ a5'`ANDSCAPE EASEMENT R30' FL / N R30' W PROP TRANSFORM R (GATES WILL REMAIN / / ) \ \ R10' R30' 6' CIN LINK FL FL OPE�ILDURING THE H1RS x CL / / / \ 60 FEN /AUTOMATIC G E OF OPERATION) o a) / \ S\ \ 30' BUILDING SETBACK b R10' / ( — x tr t _ GATES WILL REMAIN OPE _ \ LIMIT OF ROW WITH \ / REMOTE N R3 ' x 20' / FH Cl I / / i J / (TYP.) I, I PARKING NOTE /J W -n I I GATES WILL REMAIN OPEN DURING HOURS OF OPERATION AND ALL EVENTS. x a 79, 02' 2' 3 w I — —--- I / _ _ x 20 I (TYP.) I / 14 � } \ Cl 2 P-) w \ / T1 20' 0 `-� / w r(TYP.) o 0 z I / EVERG EE LIVING SCRE FH IN A=90°00'00" p — R=43.00' _ R30' L=67.54' /ro 56' CB=N45°05'50"E C=60.81' / a z � \ `� \ \ 60V \ � � \ CHILDREN'S HUNGER \ \ 30, I / FDC DURING THE HOURS OF _� / 1� x D a��i \ \ \ 603\ \ \ FUND PROJECT J' H r T T-ORREI — V — — — — - W a \ \ ' --r-- --r- --- .— . --r- -- --r-- — a = ao \ \ �s()1_ \ \ \ \ \ 10' STREET ASEMENT \ \ \ \ 6' CHAIN LINK 0 o z \ 6, \ \ \ ENHANCED LIVING I FENCE/GATE 15' REAR BUILDING SETBACK NW = oo \ \ \ \ \ \ SCREENING o �° o \ \ \ \ — — — — \ 5' L �DSCAPE SETBACK 5' LANDSCAPE SETBACK x M U M U \ \ \ \ \ \ \ \ / I Q(V C \ \ \ \ \ \ \ \ \ \ \ J \ \ \ \ m w \ \ \ \ \ \ \ \ \ _ — \ X a \ — — — — — — — — O O. N P = M > x UIJ \ \ \ `N o Lu .. N F Y d a ~ O \ \ \ \ \ \ \ \ \ ' \ \ `s08 \ \ F t n M x \ c \ \ \ \ \ \ U) LL o a z \ \ \ \ \ \ \ \ — — — — \ \ \ \ s \ \ \ \ _ \ x I / � I / I / / 1 W E S 0 50' 100, GRAPHIC SCALE 50' LEGEND E FL� FL PROPOSED FIRE LANE PROPOSED BUILDING / PROPOSED FIRE LANE / (EMERGENCY ACCESS ONLY) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR EXISTING CONTOUR - MAJOR — — — — — EXISTING CONTOUR -MINOR ❑ C __ BARRIER FREE RAMP (BFR) ACCESSIBLE PARKING SYMBOL O NUMBER OF PARKING SPACES WM e WATER METER (AND VAULT) FH {F} FIRE HYDRANT FDC Tj FIRE DEPARTMENT CONNECTION 0 SANITARY SEWER MANHOLE ❑T TRANSFORMER PAD TRAFFIC ARROWS CURB INLET Iff—M GRATE INLET ® JUNCTION BOX OR WYE INLET In HEADWALL TYP TYPICAL SSE SANITARY SEWER EASEMENT WE WATER EASEMENT DE DRAINAGE EASEMENT BFR BARRIER FREE RAMP SW SIDEWALK BL BUILDING LINE/SETBACK Cl CURB INLET GI GRATE INLET WI WYE INLET JB JUNCTION BOX MH MANHOLE EX EXISTING PROP. PROPOSED SITE DATA SUMMARY TABLE ZONING COMMERCIAL PROPOSED USE COMMUNITY CENTER LOT AREA/ SQ. FT. AND AC 453,112 SF; 10.40 AC BUILDING AREA (gross square footage) 88,431 GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' 40' 2 (STORY) LOT COVERAGE 19.3% FLOOR AREA RATIO (for non-residential zoning) 19:1 TOTAL PARKING REQUIRED (10 PARKING PLUS 1 ADDITIONAL SPACE PER 300 SF OVER 2,000 SF) 299 SPACES TOTAL PARKING PROVIDED 300 SURFACE SPACES TOTAL HANDICAP REQUIRED 7 SPACES TOTAL HANDICAP PROVIDED 8 SPACES INTERIOR LANDSCAPING REQUIRED 4,500 SQ. FT. INTERIOR LANDSCAPING PROVIDED 11,500 SQ. FT. IMPERVIOUS SURFACE 245,616 SQ. FT. USABLE OPEN SPACE REQUIRED 31,718 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 44,508 SQ. FT. (10%) *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS SITE PLAN CHILDREN'S HUNGER FUND PROSPER BLOCK A LOT 1 DEVAPP-24— 0061 Being 10.40 Acres 0 u t Of The ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 4, TRACT 64 Town of Prosper, Collin County, Texas Submitted: JULY 12, 2024 Owner. Children's Hunger Fund 13931 Balboa Boulevard Sylmar, California 91342 Contact: Jason Hartung Phone: 818-979-7100 Ex. 22033 Engineer/Surveyor: Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2594 W Q 0 U) Z O _L W 0r P rn 0 0 L U) r` UX Z O p rn m � Z Q Y � N w U U O g c�I �x M Q o 0 XQ O Z W W Z Q ~ U) 0 of O CV W W W O cri J 0 o dN OQ w o 0 (V FOR REVIEW ONLY Not for construction or permit purposes. Kimley»>Horn Engineer JOSEPH C. RICCARDI P.E. No. 100472 Date 10/16/2023 0 v v O 0O � LLI ON Q C) Q m m 2 0 o w 120 z < o w Lu Y U) 0 0 U Ong LL U) X W H LU Lu (D U) Z ° d rr2 vJ Z W 2 U Z J a_ W F__ SHEET NUMBER SP 1 Page 84 X ZONING• PD-6 SF-10 ES TA TES AND MANSIONS OF PROSPER THE (CPR), BLK A, LOT 1R; REPLA T / I I \ -ZONING.• \PD-2 MOORELAND DEVELOPEMENT COMPANY, INC. TRACT 2 ZONING: 0 EXISTING PROSPER COMMONS (CPR), BLK B, LOT 10; (REPLA T) N44:26'48"E 35.82' I I a I xj BUILDING SkTBACK- FADUE TOM COLIE (TYP) I I 6'— ' WALK I I DER FREE LAKEWOOD PHASE 1A no. revision by date ZONING- PD-38 I R PROSPER CROSSING I PROSPER CROSSING (CPR), BLK A, LOT 12 (CPR), BLK A, LOT 3 teague nail and perkins, inc 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx www.tnpinc.com TBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381 GBPE: PEF007431; TBAE: BR 2673 LAKEWOOD PHASE 1 )OD PHASE 1 (CPR), LAKEWOOD BLK B, LOT 6 BLK B, L23/ PHASE 1 (CPR), BLK B, ;,,,.,/l C�,D,�,, co LOT 24 ZONING.• PD-38 R PROSPER CROSSING (CPR), BLK A, LOT 2 Prosper ndependent • • Cz ,� District �L p1 HH LAKEWOOD DRIVF / DEVELOPEMENT ABS A0948 I C / WILLIAMSON SURVEY, TRACT 3 ZONING.• I PD-111 SF ABS A0948 I C WILUAMSON SURVEY, TRACT 10 ZONING- S-20 PD-38 R scale horiz ,r 1 =100 vert N/A date MAR 2024 "NIx N.:' PROJECT !' ® WINFREY PT RICHLAND BLVD N.T.S. LOCATION MAP NOT TO SCALE SITE PLAN NOTES ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS 1. ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS 2. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3. ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH -OUT PERMIT MAY RESULT IN ADD1 TIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS 7. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTI VE FOR A PERIOD OF TWO (2) YEARS FROM THE DA IF THAT THE PRELIMINARY SITF PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITF PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITF PLAN APPROVAL IS NULL AND VOID. IF SITF PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITF PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8. OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND METER SCHEDULE TYPE SIZE DOM 2-4" FIRE 1-8" IRR 1-3" OWNER/APPLICANT: PROSPER I.S.D. 605 E. SEVENTH STREET PROSPER, TEXAS 75078 PHONE: 469.219.2000 CONTACT: DR. GREC BRADLEY ARCHITECT: SURVEYOR: HUCKABEE & ASSOCIATES, INC. TEAGUE NALL & PERKINS, INC. 5830 GRANITE PARKWAY, SUITE 750 825 WATTERS CREEK BLVD., STE. M300 PLANO, TX 75024 ALLEN, TEXAS 75013 972.292.7670 214.461.9918 CONTACT. JOE TREMBLAY, III CONTACT. BRIAN J. MADDOX, R.P.L.S. ENGINEER: LANDSCAPE ARCHITECT: TEAGUE NALL & PERKINS, INC. TEAGUE NALL & PERKINS, INC. 5237 N RIVERSIDE DRIVE, SUITE 100 5237 N RIVERSIDE DRIVE, SUITE 100 FORT WORTH, TEXAS 76137 FORT WORTH, TEXAS 76137 817.336.5773 817.336.5773 CONTACT. AMANDA MULLEN, P.E. CONTACT. JOE MADRID tnp This document is for interim review and is not intended for construction, bidding or permit purposes. AMANDA M. MULLEN P.E. Date: JULY 2024 Tx. Reg. # 123232 tnp 01 GRAPHIC SCALE 100 0 50 100 200 GRAPHIC SCALE: 1" = 100' LEGEND EXISTING FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT (FADUE) PROPOSED FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT (FADUE) PROPOSED FLATWORK FIRE HYDRANT Q PARKING COUNT SITE DATA SUMMARY EXISTING ZONING: PD-82 SF-15 PROPOSED USE: MIDDLE SCHOOL GROSS LOT AREA: 35.61 ACRES (1,55J,389 SF) EXISTING BUILDING AREA: 162,724 SF BUILDING ADDITION AREA: 31, 317 SF HEIGHT.• 37' 4" - TWO STORY LOT COVERAGE RA TIO: 12. 74Z FLOOR AREA RA TIO: 0.127.• 1 TOTAL IMPERVIOUS AREA: 473, 717 SF (319) TOTAL PARKING REQUIRED: 63 SPACES (42 CLASSROOMS) (1.5 SPACES/CLASSROOM) HANDICAP PARKING REQUIRED: 7 SPACES PARKING SPACES REMOVED: 93 SPACES PARKING SPACES ADDED: 115 SPACES TOTAL PROVIDED PARKING: 277 SPACES STANDARD SPACES- (9 x20) 266 SPACES HANDICAP SPACES- 11 SPACES OPEN SPACE REQUIRED: 155, 339 SF (109) OPEN SPACE PROVIDED: 759,126 SF (48.99) INTERIOR LANDSCAPING REQUIRED: 1, 725 SF INTERIOR LANDSCAPING PROVIDED: 12,441.7 SF SITE PLAN FOR LORENE ROGERS MIDDLE SCHOOL BUILDING ADDITION PROSPER I•S•D• PROSPER MIDDLE SCHOOL, NO. 2 ADDITION BLOCK A. LOT 1 R TOWN OF PROSPER, COLLIN COUNTY, TEXAS CASE No. (DEVAPP-24-0088) JULY 2024 Town of Prosper, Texas Prosper Independent School District ROGERS MIDDLE SCHOOL BUILDING ADDITION AND RENOVATIONS TOWN SITE PLAN X W CL to 0 CL IIA Z _O a 0 Z W 0 Z a Z 0 0 0 a c� Z 0 m 0 0 N W J 0 0 tnp project C HUC23593 c N sheet DG W 1 0 0 cc Page 85 no. revision by date teag ue nail & perki n s 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx TBPE Registration No. F-230 www.tnpinc.com N D EP , • • °OL DISC scale horiz 1 "=30' vert N/A date J U LY 2024 til13III! This document is for interim review and is not intended for construction, bidding or permit purposes. AMANDA M. MULLEN P.E. Date: JULY 2024 Tx. Reg. # 123232 tnp Q GRAPHIC SCALE 10 0 5 10 20 GRAPHIC SCALE: 1" = 10' I Town of Prosper, Texas I Prosper Independent School District ROGERS MIDDLE SCHOOL ADDITIONS AND RENOVATIONS RISER ROOM ACCESS INSET trip project HUC23593 sheet K� M O% N M N V 0 a X H W a N 0 ce a 4A z 0 H a 0 z W W 0 z Q N z 0 H 0 Q J 0 0 2 V N W NINON 0 0 W 0 W 21.5' STRIP AS SHOWN ON THE TRAILS OF PROSPER SECTION 111 FINAL PLAT OF TRAILS OF CAB. Q, SLIDE 514 PROSPER SEC Ill P.R.C. C. T CAB. Q, SLIDE 514 - i 15' WA TER ESMT ACLE-L1 1 15' EX — — A TER ESMT III DA VE TRAIL WA TEP ESMT R30 DRI VE 'A' FH R30' TRAILS OF PROSPER SECTION 11 I I CAB. P, SLIDE 644 I P.R. C. C. T. LOT 1, BLOCK G CRESTVIEW A T PROSPER, — PHASE 2 CABINE� T 014, PG. 500 P.R. C. C. T LOT 1, BLOCK A Q I CABINET 20 0, PG. RESIDENCE EX FH 175 EX F P.R. C.C. T EX 15' SANITARY 15' BUILDING HENRY PLACE SEWER MT — SETBACK — — — — — — — _ �' EX 15' UTILITY ESMT— EX 15' UTILITY ESMT. C�X 15' SANI TAR Y SEWER EX FIRI E LANE 30' SMT. FH F a PROPOSED EW 24' FIRE LANE EX FIRE LANE * ADDI TION P WG to UX1 _I�® DRAINAG 10' WATER ESMT DETENTION ESMT. I SEAT WALL NEW P Kl R. 0. I m CENTERL/NE . . EXISTING "2255 R - POND ESMT EXISTING EX 15' 30' FIRE ANE T 80' R.O.W. I i MIDDLE WA TER ESM T SCHOOL FH 24 0 �5 EX 15' WA TER ESMT EX LONG JUMP LOT ,I❑ FH •• I I I I I I I ID I I I I I I PROSPER 1 HIGHLOCK SCHOOL & Z I ® 0, EX 15' a EX 28 15 I MIDDLE SCHOOL ADDITION � 35 BU DING 12 EX 15 I I III I INS NO. J Ir7BA WA TER WA TER ESMT 201 JO722010002210 IED O ESMT 0. P.R. C. C. T. p � EX FIRE LANE � 15' o I I I 12 15 FUTURE ° EX FIRE LANE EX POLE VAUL T z I I — II i I I J EW FH SIDEWALK E 22 I I (} I W ADDITION � C�-c. ) FH EX FH I I EX FIRE AN z EX FIRE LANE / 4 �I rn I 25 EXISTING MAINTENANC = N25 I �PEDESTR/AN EX FIRE LANE BUILDING REFER TO 15 Z15' EX15' WATER ESMT ACCESS AND �DEVAPP-24-0012 5 = S /S 15' WA TER EASEMENT EX FH I I INMSSL I (I I EX FIRE LANE RRE LANE i 15 BUILDING SETBACK. 15 T. LANDSCAPE ESM — — —— - ---ANDSEAPE-EASEVENT ANDSCAPE--SE}BA£K— — 0 0 0 0 0 0 GORGEOUS RD. FRANK01 D. GIBSON VOL. 24 0, PG. 438 o ? D. . C. C. T. BLOCK A, LOT 1 m HAWK RIDGE J I m PROSPER MONTESSOR/ ACADEMY CABINET 2012, PG. 32 I o ADDI TION P.R. C. C. T. E/GH7H STREET INST NO. 20170JO2010001050 I �, 0. P.R. C. C. T v m = I j no. revision by date SITE PLAN NOTES ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS 1. ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS 2 LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. J. 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 DISABIL1 TIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATIONS) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHHAANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH —OUT PERMIT MAY RESULT IN ADD177ONAL IMPACT FEES AND/OR PARKING REQUIREMENTS 7. THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFEC77VE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SI7F PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8. OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING; REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT U77LITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND teague nail and perkins, inc 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx www.tnpinc.com TBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381 GBPE: PEF007431; TBAE: BR 2673 EX FIRE LANE PRI VA TE DR ' ""f- e 1-rn e nii 5' LAP N D Epp . 4' u EIGHTH STREET VALLEY VIEW ADDITION SECOND INSTALLMENT VOL. 1388, PG. 102 P.R. C. C. T. I 0 15' LANDSCAPE E STING I SETBACK I I OND IIq i A UEL/ASPHAL T 0 v u � XISTING OUTBUILDING 2 EX 10 WATER ESMT I I �I AG CENTER OUTBUILDING 1 :X FIRE LANE - EX 15'l FRIC ESMT I EX FHA PARKING DRAINAGE & EX SE7BA DETENTION ESMT n EX F� EMRRE� ANE 15' LANDSCAPE V 1 SETBACK I I 1 I I EX 15' WA TER 15' BUILDIN 1 SETBACK t I � EX FIRE LANE 10' SIDE BUILDINf G-1 I SE FBA K �o JU77TY ESMT. EXl ++ SMA ANIM L M EXISTING BUILDING AG BARN i ® I 5' WALK I� EXISTING SUPPORT SERVICES _ FACILITY EXISTING ADM/N BUIDLING - SEVENTH STREET (60' R/W) EXISTING ADM/NBUIDLING VALLEY VIEW 22 ADDITION 1ST INSTALLMENT VOL. 4, PG. 77 P.R. C. C. T. - Z BLOCK A, LOT 1 _ BARNES ; 1 ADDI TION CABINET 2011, ° 1 PG. 26 1 P.R. C. C. T. 25' BUILDING SETBACK FRED R. WILSON VOL. 818, PG. 701 D. R. C. C. T. scale „horiz , 1 =120 vert N/A date DEC 2023 DAN CHRIS TIE VOL. 1019, PG. 520 D. R. C. C. T FIRE LANE DING SETBA � � STONE CREEK CAB. J, SLIDE. 774 P.R. C.C. T Li I I I 5 ' LANDSCAPE S€TBAGK— TAD E. WILSON BOBBY L & L. JONES RHOND VOL. 2474, PG. WILSON INS NO. I 432 20121229001657090 D. R. C. C. T. 0. P.R. C. C. T. This document is for interim review and is not intended for construction, bidding or permit purposes. AMANDA M. MULLEN P.E. Date: DEC 2023 Tx. Reg. # 123232 LOCATION MAP NOT TO SCALE SITE DATA SUMMARY ZONING: SF-15 PROPOSED USE SCHOOL BUILDING GROSS LOT AREA: 73.821 ACRES (3,215, 622 SF) BUILDING AREA: PROPOSED SCHOOL ADDITION 23, 877 SF (179, 495 SF TOTAL) EXISTING MAINTENANCE BLDG 24,587 SF EXISTING AGRICULTURAL CENTER 4,845 SF EXISTING AG BARN 20,535 SF EXISTING SUPPORT SERVICES FACILITY 27, 000 SF EXISTING ADMIN BUILDING 109, 327 SF EXISTING 1AC 43, 926 SF EXISTING OUT BUILDING 1 2, 345 SF EXISTING OUT BUILDING 2 6,276 SF INTERIOR LANDSCAPE REQUIRED: 800 SF PROVIDED: 812.3 SF (*CALCULATION BASED ON PROPOSED PARKING) OPEN SPACE REQUIRED: 321, 562 SF (10q) PRO VIDED: 1, 379, 734 SF (42. 97.) TOTAL IMPERVIOUS COVER: 1, 826, 227.55 SF (579) TOTAL LOT COVERAGE.- 427,126.24 SF (I39) (ALL BLDGS) PROPERTY tnp 01 GRAPHIC SCALE 120 0 60 120 240 GRAPHIC SCALE: 1" = 120' LEGEND EXISTING FIRE LANE & U77LITY EASEMENT PROPOSED FIRE LANE & UTILITY EASEMENT DECORA TI VE SIDEWALK SIDEWALK FIRE HYDRANT 12 PARKING COUNT 12 * MIDDLE SCHOOL PARKING COUNT PARKING DATA PROVIDED PARKING TOTAL EX STANDARD PARKING = 789 SPACES TOTAL EX HANDICAP PARKING = 29 SPACES TOTAL PROP STANDARD PARKING = 46 SPACES TOTAL PROP HANDICAP PARKING = 8 SPACES TOTAL BUS PARKING = 110 SPACES TOTAL EXIS77NG PARKING = 818 SPACES TOTAL PROPOSED PARKING = 54 SPACES ROGERS MIDDLE SCHOOL PARKING CALCULA 77ONS- TOTAL CLASSROOMS- = 64 TOTAL PARKING REQUIRED = 96 SPACES (1.5 SPACES/CLASSROOM) TOTAL PARKING PROVIDED = 182 SPACES FEMA NOTE BASED ON THE FEMA FLOOD MAP SERVICE CENTER, THE SUBJECT TRACT OF LAND SHOWN HEREON LIES WI THIN ZONE X' UNSHADED, DEFINED AS AREAS DETERMINED TO BE OUTSIDE THE 0.27. ANNUAL CHANCE OF FLOODPLA/N' AS IDENTIFIED BY THE CURRENT FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, MAPS NO. 48121C0430G, EFFECTIVE DATE OF APRIL 18, 2011, FOR COLLIN COUNTY, TEXAS, AND INCORPORATED AREAS SITE PLAN FOR PROSPER HIGH SCHOOL & MIDDLE SCHOOL ADDITION BLOCK 1, LOT 1 R-1, TOWN OF PROSPER, COLLIN COUNTY, TEXAS CASE NO. DEVAPP-24-0089 DATE PREPARED: JULY 2024 ARCHITECT: SURVEYOR: HUCKABEE & ASSOCIATES, INC. TEAGUE NALL & PERKINS, INC. 5830 GRANITE PARKWAY., STE. 750 825 WATTERS CREEK BLVD., STE. M300 PLANO, TEXAS 75024 ALIEN, TEXAS 75013 972.292.7670 214.461.9918 CONTACT: JOE TREMBLAY CONTACT: BRI AN J. MADDOX II, R.P.L.S. OWNER/APPLICANT: ENGINEER: LANDSCAPE ARCHITECT: PROSPER I.S.D. TEAGUE NALL & PERIINS, INC. TEAGUE NALL & PERIINS, INC. 605 R SEVENTH STREET 5237 N RIVERSIDE DRIVE, SUITE 100 5237 N RIVERSIDE DRIVE, SUITE 100 PROSPER, TEXAS 75078 FORT WORTH, TEXAS 76137 FORT WORTH, TEXAS 76137 PHONE: 469.219.2000 817.336.5773 817.336.5773 CONTACT: DR. GREG BRADLEY CONTACT: AMANDA M. MVLLEN P.E. CONTACT: JOE MADRID, R.L.A. Town of Prosper, Texas Prosper Independent School District BUILDING ADDITION OVERALL SITE PLAN X H a to O CL N tnp project HUC23594 0 J sheet O z 01 W cc I / I I I I I I I I / EAGLE LN EX 15' SANIT Y SEWER ESMT 26'FIRE LANE I -- -- -- --- v v _ — — ---- 15' WATER ESMT— - - - - - - - - - - --57'`T'TlR87NLFT- - - - - - - 1' SEX FIRE LANE 26' FIRE LANE - - - 5�SQ_SQ Pb*TER fSbK- 5EX - I- 4' SO SDMH _ - — - - - - - 3O 15' BUILDING SETBACK - WA TER ESMT - - - _ r - - - - I FH I NEW PARKING 15 LANDSCAPE SETBACK 7-7-77-77 ry � 10' CURB INLET �^'- * I 15' WA TER ESMT I I �? 67' 4 SO SDMH ORI VE A � 130 I FH R30 R30 4" FLATWORK 30' R30' - 18"x18" CA TCH 18"X18" CA TCH N BASIN BASIN 30' R30' ; - - / 10' WALK � 10' WATER R10 ESMT HC RA P R30' 24' FIRE LANE FH TYPE ' 18"x18" \ O�Q 5" TWORK 18"xl "CATCH (TYP) CA TCH BAN BASIN o DI O n / HC RAMP 4- FLA K 24' FIRE LANE 3 JUNCTION / V oo � TYPE A NEW PARKING N BOX _ _ (T �P) 4" FLA TWORK 10' WALK ,gyp i 5" FLA TWORK STEP W I MP _ PLANTER g' PAINTED HANZ AIL �H SCREEN WALL ® ,� _ J 10' C A RB AI °0 A i 0 Q FDC ❑ �714 4 " FLA TWORK 24' FIRE LANE EX (TYP) EXIS TING MIDDLE - SCHOOL EX / Z X FH I z � I J rho ° EX 15' WA TER ESMT no. revision by date 24' FIRE LANE CROSSWALK INLE 223.88 NEW PARKING N HVAC (TYP)-1 SCREEN WALL (TYP) U I� EX 15' WA TER ESMT teague nail and perkins, inc 5237 N. Riverside Drive, Suite 100 Fort Worth, Texas 76137 817.336.5773 ph 817.336.2813 fx www.tnpinc.com TBPELS: ENGR F-230; SURV 10011600, 10011601, 10194381 GBPE: PEF007431; TBAE: BR 2673 10' WATER ESMT 4' SO SDMH 4 " FLA TWORK 55.72' 30' 24' 30' FIRE LANE STRIPING PER CITY o CODE (TYP) m R30' _ R10' - - co NEW PARKING N I R30' j7m 4' SQ SDMH * °� 30' FIRE LANE 10' CURB INLET 4k PROPOSED MAINTENANCE BUILDING CURB INLET `10' WA TO ESMT FH " Nis p� � �O � •-•- •- hdhwd • • [� N, �0L w r, IN EX 15' WATER ESMT 0 EX 15' WATER ESMT I II LOT 1R, BLOCK 1 I I PROSPER HIGH SCHOOL & MIDDLE SCHOOL ADDITION INST NO. 201JO722010002210 1 0. P.R. C. C. T SITE PLAN NOTES ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS 1. ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS 2. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. J. ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5 ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFlCAT10N S IDENTFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, C NGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH -OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS 7. THE APPROVAL OF A PRELIMINARY S17E PLAN SHALL BE EFFECT/ VE FOR A PERIOD OF TWO (2) YEARS FROM THE DA TE THAT THE PRELIM/NARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A S17F PLAN IS NOT APPROVED WITHIN SUCH TWO (2 YEAR PERIOD, THE PRELIM/NARY SITE PLAN APPROVAL IS NULL Al VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8. OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND scale horiz 1 "=40' vert N A date J U N E 2024 tnp EXISTING MC / This document is for interim review and is not intended for construction, bidding or permit purposes. AMANDA M. MULLEN P.E. Date: JUNE 2024 Tx. Reg. # 123232 tnp 01 GRAPHIC SCALE 40 0 20 40 80 GRAPHIC SCALE: 1" = 40' PROPERTY LOCATION MAP NOT TO SCALE SITE DATA SUMMARY ZONING: SF-15 PROPOSED USE: SCHOOL BUILDING BUILDING AREA: SCHOOL ADDITION 23, 877 SF BUILDING HEIGHT 34'-8" NO ADDITIONAL CLASSROOMS THEREFORE NO ADDITIONAL PARKING REQUIRED FEMA NOTE BASED ON THE FEMA FLOOD MAP SERVICE CENTER, THE SUBJECT TRACT OF LAND SHOWN HEREON LIES WITHIN ZONE X' UNSHADED, DEFINED AS AREAS DETERMINED TO BE OUTSIDE THE 0.29 ANNUAL CHANCE OF FLOODPLAIN' AS IDENTIFIED BY THE CURRENT FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, MAPS NO. 48121CO430G, EFFECTIVE DATE OF APRIL 18, 2011, FOR COLLIN COUNTY, TEXAS, AND INCORPORATED AREAS LEGEND EXISTING FIRE LANE & UTILITY EASEMENT PROPOSED FIRE LANE & UTILITY EASEMENT DECORA TI VE SIDEWALK SIDEWALK FIRE HYDRANT 12 PARKING COUNT 12 * MIDDLE SCHOOL PARKING COUNT SITE PLAN FOR PROSPER HIGH SCHOOL & MIDDLE SCHOOL ADDITION BLOCK 1, LOT 1 R-1 TOWN OF PROSPER, COLLIN COUNTY, TEXAS CASE NO. DEVAPP-24-0089 DATE PREPARED: JULY 2024 ARCHITECT: SURVEYOR: HUCKABEE & ASSOCIATES, INC. TEAGUE NALL & PERKINS, INC. 5830 GRANITE PARKWAY., STE. 750 825 WATTERS CREEK BLVD., STE. M300 PLANO, TEXAS 75024 ALLEN, TEXAS 75013 972.292.7670 214.461.9918 CONTACT: JOE TREMBLAY CONTACT. BRIAN J. MADDOX II, R.P.L.S. O WNER/APPLI CANT: ENGINEER: PROSPER I.S.D. TEAGUE NALL & PERKINS, INC. 605 E. SEVENTH STREET 5237 N RIVERSIDE DRIVE, SUITE 100 PROSPER, TEXAS 75078 FORT WORTH, TEXAS 76137 PHONE: 469.219.2000 817.336.5773 CONTACT: DR. GREG BRADLEY CONTACT. AMANDA M. MULLEN P.E. LANDSCAPE ARCHITECT: TEAGUE NALL & PERKINS, INC. 5237 N RIVERSIDE DRIVE, SUITE 100 FORT WORTH, TEXAS 76137 817.336.5773 CONTACT. JOE MADRID, R.L.A. Town of Prosper, Texas Prosper Independent School District BUILDING ADDITION SITE PLAN - REYNOLDS MIDDLE SCHOOL ADDITION H W CL 4A O tnp project y HUC23594 0 J sheet 01 Z W 11W AO .41 J Rip AMIL'"oWA!(jn N 11 EM ME w Cole Oliver r 2, 2024 02 , V1 � ,17 -- �.� - �(»�e��\. L _ � - � - . J mpk�.� �. 2 <� 00 �� .f ® i\ ..1_� 4L `al -L TtLzt Col Oliver Apr 29,2024 02VI outole IItem 13. 1pr � �6 . de . - ��� , . - �� : >� Col Oliver A p r 29., 2024 02 V1 J Cole Oliver r 29, 2024 02. VI PRLOWN OF PLANNING SPER A Place Where Everyone Matters To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Removal of Historic Tree at Wandering Creek Phase 1 Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a request for the removal of an historic tree on Wandering Creek, Phase 1, on 48.9± acres, located on the south side of First Street and 335± feet east of Wildcat Way. Description of Agenda Item: The developer of the first phase of Wandering Creek is requesting approval from the Town Council to remove a 48.6-caliper inch pecan tree for the development of a residential subdivision. Per the Town's Zoning Ordinance, a tree exceeding a 40-caliper inch diameter is classified as an historic tree. These trees require Town Council approval to be removed. Originally, the approved final plat showed Harrison Lane in a way that avoided the historic tree. However, after putting in the infrastructure for the subdivision, the developer's arborist has determined that the tree will not survive (see attached letter). Historic trees are required to be mitigated at a rate of 400 percent. Per the breakdown below, this would require the developer to replace the tree with 65 trees or pay a $34,020 fee in lieu of replacement. The developer has opted to pay the fee. Mitigation Breakdown: 48.6 (Historic Tree Caliper Inches) x 4 (400% Mitigation Rate) = 194.4 (Caliper Inches Required) 194.4 (Caliper Inches Required) / 3 (Average Caliper Inches for Tree) = 65 (Replacement Trees) 194.4 (Caliper Inches Required) x 175 (Rate) = 34,020 (Fee In Lieu of Tree Replacement) Budget Impact: There is no budgetary impact affiliated with this item. Attachments- 1. Request Letter 2. Tree Survey 3. Tree Exhibit 4. Letter from Arborist 5. Approved Final Plat (DEVAPP-23-0156) Page 1 of 2 Page 95 Town Staff Recommendation: Town Staff recommends approval of the request. Proposed Motion: I move to approve/deny a request for the removal of an historic tree on Wandering Creek, Phase 1, on 48.9± acres, located on the south side of First Street and 335± feet east of Wildcat Way. Page 2 of 2 Page 96 Item 14. F'd CORWIN ENGINEERING, INC. 200 W. Belmont Dr. • Suite E 9 Allen, TX 75013 (972) 396-1200 • FAX (972) 396-4987 Town of Prosper Planning Department 250 W. First Street Prosper, Texas 75078 Re: Wandering Creek Phase I Dear Planning Department, This letter is in reference to a pecan tree that is on the property and is shown on the Tree Survey as tree # 144 and is classified as an historic tree. The street adjacent to the lot and tree was planned in such a way to attempt to save the tree. Once the grading and utility work was done it was the opinion of an arborist that the tree would most likely not live. Therefore, we are respectfully requesting permission to remove this tree to avoid hardships in the future. Sincerely, Z ` Warren L. Corwin, P.E. CORWIN ENGINEERING. INC. Engineers • Planners 0 Surveyors Tree Number Diameter at Breast Height (inches) Common n aine Scientific Name -i..�. Carva wiaoincasis dORWIN ONMNZORINd, INd. 200 W. Belmont, Suite E Allen, Texas 75013 (972) 396-1200 TBEPLS• F-5951 EXHIBIT 'A' - TREE SURVEY WANDERING CREEK PHASE I S. JEREMIAH HORN SUR., ABST. TOWN OF PROSPER Page 98 COLLIN COUNTY, TEXAS yT` v _'.a. r, Y. Mr. Warren Corwin, P.E. Corwin Engineering, Inc. 200 West Belmont Drive Allen, Texas 75013 RE: Wandering Creek Residential Development - Approximately 74 acres located along the south side of East Vt Street, east of Walnut Grove High School in the Town of Prosper, Collin County, Texas Trees 144 and 145 Dear Mr. Corwin, IES conducted a tree survey on 06 December 2022 that identified trees 144 and 145 as pecan (Carya illinoiensis) and measured 48.6- and 32.6-inches diameter breast height (DBH), respectively. During this initial tree survey, these trees were identified as healthy with no major defects. Due to the position of stature and location of these trees between the proposed street and residential lot, the landscape architect and civil engineer attempted to design to save the trees. IES inspected these trees on 26 July 2024 to evaluate the current condition of these trees. IES identified the following (see attached photographs): 1. The street south of the trees had been graded and the grade immediately adjacent to the trees has been cut approximately 4 feet; 2. Numerous small and large roots have been severed; 3. A temporary access road has been used in the critical root zone on the north side of these trees; and 4. The canopy of these trees has lost approximately 50 percent of their foliage. In IES' professional opinion, the ongoing construction activities around these trees has significantly impacted the trees' health. Approximately 50 percent of the roots have been removed, both the structural anchoring roots and the smaller absorptive roots. Additionally, soil covering the remaining roots has been compacted from construction vehicles which is limiting the tree's oxygen exchange. These direct impacts are readily visible in the stress exhibited in the canopy of the tree. It is difficult to indicate how long these trees will live, but all indications point to mortality soon. IES does not have any recommended mitigation measures that could be employed to have a meaningful chance for improving the survival of these trees. The damage has been too significant, and the trees are already in significant decline. Regardless of when these trees will die, it is IES' opinion that these trees are at risk of falling due to the significant amount of root removal. With prevailing winds from the south and these trees large canopy, there is a higher probability of whole tree failure during high winds. Integrated Environmental Solutions, LLC 301 W Eldorado Parkway, Ste. 101 McKinney, Texas 75069 www.intenvsol.com Q 972-562-7672 Page 100 Mr. Warren Corwin, P.E. Wandering Creek -Trees 144and 145 31 Jul v 2024 IES appreciates the opportunity to work with you and Toll Brothers on this project, and we hope we may be of assistance to you in the future. If you have any comments, questions, or concerns, please do not hesitate to contact me at 972-562-7672 (rreinecke@intenvsol.coml. Sincerely, Integrated Environmental Solutions, LLC. Mr. Rudi Reinecke Vice President ISA Certified Arborist #TX-3922A Attachments File ref: 04.248.033 Page 101 Tree Number Diameter at Breast Height (inches) Common n aine Scientific Name -i..�. Carva wiaoincasis dORWIN ONMNZORINd, INd. 200 W. Belmont, Suite E Allen, Texas 75013 (972) 396-1200 TBEPLS• F-5951 EXHIBIT 'A' - TREE SURVEY WANDERING CREEK PHASE I S. JEREMIAH HORN SUR., ABST TOWN OF PROSPER Page 102 COLLIN COUNTY, TEXAS m Tree 144 - significant root damage from road grade cut. Tree 146 (another pecan tree) in background demonstrates dense foliage in canopy by comparison. Page 104 Facing west, Tree 144 in foreground and 145 in background. Page 106 Facing west looking at temporary access road on north side of trees. Not stockpile of material as well. Page 107 Facing east looking at temporary access road on north side of trees. Page 108 y YAOi 17 �•y$ �„ .3�'q 'Ssta", % �° j� °s Fy y ��iN " i �. r :wC` � i �,av }� ��� i s �uYe�t1 x�p- @ `�+s+"r 'p ➢�$ E^'p: . ,.� c'' c� �' qla Z �"FG �..sac iia •fir "j -3 C ..mar .. -.. - .,..... --w. ...., "1d .'_��. _ " "--b'.d4'� Ii.'�.�.1'w1::C''�...;R9L�Y..-i.uiteOiJi•_.._. I i i i i LOT 1, BLOCK A TOLLESON ADDITION INST. NO. 2010-307 I P.R.C.C.T. i i I i i i i i COLLIN COUNTY LIGHTHOUSE CHRISTIAN FELLOWSHIP INC. i INST. NO. 20200819001365880 i i DOWN OF PROSPER, TEXAS ER EMT. AND VIRGIL DAN TOLESON, JR. I 73 PROSPER, L.P.CALLED , L. i WATCONST. ESMT *4 MP. INST. NO. 20120703000796580 I VOL. 6025, PG. 1725 I INST. NO. 20140307000214920 O.P.R.C.C.T. I i .._........ ...... T-------------- I I I j TRACT 2 PROSPER KENNELS INST. NO. i j 20131120001560850 - I I I i I 0= 070 09' 13 " R= 1055.00' L= 131 .72' C= 131 .63' B= N41 ° 06' 17 "E i oo. /. 5/8';,IRF� 6 ' 15' W.E. / PC rOh Ci 0= 50027' 37" ,� anti°����. •5. o� \ i � '' � ivory ry� N � L. R = 145.00ELF. �, o��` L38 0 �P `. L= 1008.40' `��°' ryo�� G �� .� I iN I C= 9 7 6. 12' S� �� ,'�� i 9� P �ry6. \ bs' B= N62045' 29"E �`� ��01� ��\ 0 33.E F �J i �� I �..� ��F� 5QP I to i f B 6 mI oI 4-5' U.E. LL1 BLK I _ OPEN SPACE / �01 �i o ILq j 133.9 0.011 AC. I 4 0 I I �' 1`0im 9 1SI N OPENPACE 060I - G 7' I0.301 AC. -7 - A 0 -�-. N440 28'0811E 25' LANDSCAPE / 35.83' & ACCESS ESMT•_ " -- - - - - - - --I - - - - - -- 'C35 1/2" IRF 1/2' IRF -�� L2 / T -- N00° 10.74' i i I L24 i N890 "W 24.39 I I 2 N13° 55'5711W 50.00' I LARKIN MCCARTY SURVEY I 0 - ABSTRACT 00. 600 _O JEREMIAH HORN SURVEY - - - ABSTRACT NO.411 M ' I i w i ' N a 01 HUNT WANDERING CREEK LAND, LLC. 0 I 0 73.9216 ACRE TRACT O I Q DOC. NO. 2022000078273 O g z� N' I V PROSPER HIGH SCHOOL NO. 3 VOL. 2023, PG. 587 I ' N, I w i I 0= 28°48'26" i I R= 455.00' j L= 228.77' i C= 226- 36' B= N13036' 49 "W oo I ' 2' I I !�` •---------------------------30' \90c E '---I-�Z-'- �0\ro J 00 W S.I.R. -' O Ic - O Id 0= 13053'51" R= 325.00' L= 78.83' C= 78.64' B= N31 ° 19" 6�° 6.00 P� 4�� It �! O.P.R.C.C.T. i i i POINT OF' BEGINNING �. �. / 1/2"-(RF- i it I.. STATE H C TR OR l�TES ORTH CE TR AA55 ZO E 4202 ATU 83 7136972.803 25061 6.121 CURVE TABLE CURVE NO. DELTA RADIUS LENGTH CHORD BEARING �i _.._.._........ I 04 ' I co i I; �I I i� O ;I L0 ° O i fl-..-..-.._.._. I' I N i I' I ``�:--:--:----::-:. _.._.._.._.._.._.._„� MALABAR HILLS r ; I DOC. NO. 2023-598 �I Ir i ' I i I 5/8" IRF � I ...... ...... ...... _.. I II I� i F.._..-.._.._.._.._.-7 I C14I ;i.._.._.._........ N j 0 �i I 0 , I N;I _.._.._.._.._.._..a I. z I i C3 I I I 1, z LARKIN MCC Y SURVEI', _ ABSTRACT 0.600 11 g JERE I H RV Y , - LU ABSTRACT', 0.411 1 00 00 00 v6p8,P I ����} ��.. rn �� r -- 'I \ O O `V) .I I, 1. 75°19'33" 50.00' 65.73' 61.10' S89°46'38"W 2. 126052'12" 50.00' 110.72' 89.44' S64'00'18"W 3. 03°21'51" 1250.00' 73.40' 73.39' N74023'08"E 4. 07°02'23" 1179.00' 144.86' 144.77' S75°37'26"W 5. 05°27'13" 1170.00' 111.37' 111.32' S84°45'39"W 6. 21 ° 10' 19" 100.00' 36. 95' 36.74' S10° 59' S8 "E 7. 20°44'15" 300.00' 108.58' 107.99' S09°34'43"E 8. 04°07'04" 1275.00' 91.63" 91.62' N74°00'31"E 9. 19"17'15" 775.00' 260.89' 259.66' N62°18'22"E 10. 39°02'57" 300.00' 204.46' 200.53' N72011'13"E 11. 66008'22" 50.00' 256.44' 54.57' N67034'23"E 12. 10000'53" 1475.00' 257.81' 257.48' S06°11'09"W 13. 20001'45" 1225.00' 428.23' 426.05' S01°10'42"W 14. 07°2536" 1385.00' 179.52' 179.40' S02"55'23"E 15. 10032'07" 425.00' 78.15' 78.04' S77°20'49"W 16. 21009'35" 300.00' 110.79' 110.16' N09047'23"W 17. 21°32'53" 300.00' 112.83' 112.16' S09°35'44"E 18. 07009'29" 1315.00' 164.29' 164.18' S02024'02"E 19. 10000'53" 1475.00' 257.81' 257.48' S03°49'44"E 20. 90036'30" 300.00' 474.42' 426.51' S44007'33"E 21. 31°39'08" 450.00' 248.60' 245.45' S54021'27"E 22. 61053'05" 50.00' 260.16' 51.42' S65°12'15"W 23. 14021'27" 300.00' 75.18' 74.98' S31006'06"E 24. 15005'12" 300.00' 78.99' 78.77' N44"10'34"E 25. 38051'02" 375.00' 254.28' 249.43' N71008'41"E 26. 11038'59" 300.00' 61.00" 60.89' S32°27'21"E 27. 35*12'35" 225.00' 138.27' 136.10' N69°19'27"E 28. 13006'57" 250.00' 57.23' 57.10' S82052'19"E 29. 26013'54" 325.00' 148.80' 147.50' S89025'48"E 30. 13°06'57" 250.00' 57.23' 57.10' N84°00'44"E 31. 870 09' 21 " 50. 00' 76. 06" 68. 93' N080 32' 10"E 32. 14"00'49" 425.00' 103.95' 103.69' N07"34'37"E 33. 02018'21" 800.00' 32.20" 32.19' N13025'51"E 34. 21010'19" 100.00' 36.95' 36.74' N32°10'17"W 35. 0702442" 1154.00' 149.28' 149.18' S75019'44"W n- 360' 00'00" R- 5.00' L- 15.71' C- 10.00, B- N68' 24'53"E N 0 n- 17' 32'23" R- 66.50' L- 2( 6' R ' C- 2132 8. B- N30" 21'19"W n- 17' 32'50" R- 66.50' L- 20.37' o- 144' 54'47" C- 20.29' R- 2.00' B- S12' 48'42"E L- 5.06' C- 3.81' B- S68'25'06"W LOT 1, BLK I N.T.S. NOTES: 1. Bearings are referenced to a 73.9216 acre tract, as described in Deed 2022000078273, in the Deed Records of Collin County, Texas. 2. LEGEND B. L. - Building Line C.M. - Controlling Monuments H.O.A. - Homeowners Association D. E. - Drainage Easement U.E. - Utility Easement W.E. - Water Easement S.I.R. - Set Iron Rod I.R.F. - Iron Rod Found - - Match Line - Street Name Change p - Indicates front yard R - Indicates 10'x10' Utility Easement 3. "Notice: Selling a portion of this addition by metes and bounds is a violation of city ordinance and state law and is subject to fines and Withholding of utility and building permits'. 4. All fences adjacent to parks or open spaces shall be ornamental metal. To include offsite open space lots. 5. A Hike & Bike Trail Will be allowed in the City of Irving Easement but limited to south 15' of the easement. 6. Construction plans require City of Irving approval. 7. Open Spaces owned and maintained by H.O.A. (LOT 1 BLK A, LOT 8 BLK C, LOTS 1 & 21 BLK D, LOTS 23, 29, & 37 BLK E, LOT 3 BLK F, LOT 3 BLK G, LOT 1 BLK H, & LOT 1 BLK 1) 8. All R.O.W. dedicated in fee simple to the Town of Prosper. (10.280 ac./447,839 sq.ft.) 9. HOA lots to be used for landscaping and hike & bike trails. 10. The purpose of this plat is for single family development. 11. All Right-of-way's dedicated in fee simple to the Town of Prosper. LINE TABLE LINE NO. BEARING DISTANCE 1. S 01005'52" W 180.55' 2. N 88058'00" W 172.08' 3. N 89025'48" W 62.60' 4. S 450 34' 12" W 14. 14' 5. S 00034'12" W 260.00' 6. N 89025'48" W 48.42' 7. S 70040'49" W 104.30' 8. N 79038'38" W 60.66' 9. N 02019'14" W 103.20' 10. N 570 03' 1 1 " W 51 -44' 11. S 72007'04" W 75.19' 12. N 7604425" W 54.20' 13. S 72006'16" W 92.62' 14. S 7304345" W 67.95' 15. N 84026'40" W 90.84' 16. S 790 47' 16" W 96.95' 17. N 83045'07" W 32.95' 18. S 6205759" W 54.72' 19. N 7903621" W 53.18' 20. N 67045'22" W 28.74' 21. S 51052'42" W 107.35' 22. N 38016'50" W 46.89' 23. N 69039'32" E 22.43' 24. N 76004'03" E 21.70' 25. N 17° 17' 48" W 107. 10' 26. N 65021121" W 31.63' 27. S 89013'29" W 59.92' 28. S 44042'21" W 16.99' 29. N 00047124" E 35.29' 30. S 22°07'37" W 36.17' 31. S 21035'07" E 24.63' 32. S 21035'07" W 28.28' 33. S 66059'45" E 13.69' 34. S 28037150" W 16.10' 35. S 57°53'05" E 12.92' 36. S 45037138" E 13.21' 37. N 43050'00" E 14.76' 38. S 88049'18" E 16.78' 39. S 38017'59" W 14.31' 40. S 82°36'53" W 81.39' 41. S 53008'46" E 14.33' 42. S 62027'45" E 14.03' 43. N 29041'29" E 14.83' 44. S 47007'56" E 15.01' 45. N 44°00'55" E 13.66' 46. N 30038150" E 20.33' 47. N 10055'04" E 12.89' 48. N 05007'18" E 14.55' 49. N 89036'07" E 12.67' 50. N 16°47'33" E 14.86' 51. S 26037151" E 34.05' 52. S 69003'49" E 14.57' 53. N 51 ° 43' 10" E 10. 00, 54. N 00006'13" E 26.18' 55. S 29053'47" E 11.17' 56. S 58027158" E 29.16' 57. S 44025'48" E 14.14' 58. S 44021133" E 21 .19' 59. N 00034112" E 20.70' 60. N 46009'27" E 14.29' 61. N 25029'17" E 14.12' 62. S 21035'07" E 13.57' 63. S 65021'21" E 39.07' 64. N 89013'29" E 59.26' 0 50 100 200 SCALE: 1" = 100' I N 20'REAR BUILDING LINE � l i --- -- i -- --- i i- U) I ioZ I I I I w o Ld i <J I I I I oz I Q IwO I i I I wzr o INo I a_ I Ism I I I I FIM- �20'FRONI BUILDING LINE_ 5' UTILITY ESMT. PROPOSED STREET TYPICAL DETAIL N.T.S. FIRST STREET 0 Of 0 U 0 � PROJECT w LocnnoN U) U US 380 VICINITY MAP N.T.S. CASE* DEVAPP-23-0156 FINAL PLAT OF WANDERING CREEK PHASE I LOTS 1-18, BLOCK A LOTS 1-13, BLOCK B LOTS 1-13, BLOCK C LOTS 1, & 22-27, BLOCK D LOTS 1-44, BLOCK E LOTS 1-11, BLOCK F LOTS 1-12, BLOCK G LOT 1, BLOCK I TOTAL LOTS 118 TOTAL RESIDENTIAL LOTS 110 TOTAL OPEN SPACE LOTS 8 TOTAL GROSS ACRES 48.923 TOTAL NET ACRES 38.665 TOTAL ROW ACRES 8.912 OR 388218.22 SQ. FT. OUT OF THE LARKIN McCARTY SURVEY, ABSTRACT NO. 600 JEREMIAH HORN SURVEY, ABSTRACT NO. 411 IN THE TOWN OF PROSPER COLLIN COUNTY, TEXAS OWNER/APPLICANT HUNT WANDERING CREEK LAND, LLC. 1330 AVENUE OF THE AMERICAS, 28TH FLOOR NEW YORK, NY 10019 PREPARED BY CORWIN ENGINEERING, INC. 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 WARREN CORWIN 72 TYPE C LOTS (9,000 SF MIN.) 38 TYPE B-2 LOTS (10,000 SF MIN.) - SCALE 1" = 100' SEPTEMBER 2023 SHEET 1 OF 3 Page 110 W W a1iMmm N b' U.E. / _ 16b.00' j I I a c6 Iw I N ED 00 ° of 17 w mt~n �0 4 .36' " Coo 7 I w is I �0' 0 / W0110! I Z Y< CD O IN I OOi ! II 1 i i ,� ,� 65 O C\A ! I w I co I 15, B•L_ . J 1 3g,g2 I p ♦'r `` i If SPENCER GRAHAM SURVEY LARKIN MCCARTY SURVEY 8 ° 7 4 ro 11. 8 'fig 8g v I 6g° BLK E I �- �♦X ``I` I' ABSTRACT 0. 359 F1 •o. 8• 3 6 L40 \ Oj N SPPC ; 5' U.. L./ • / 8/ w E P o J JERE I H HORNSURVEY n� I �� is \ _ �,2� C16 OP 2gA ♦ ABSTRACT NO.847 ABSTRACT NO.411 - .� V m ' � �L � �,2� (50, R.O.W •) ' � �W ♦``1g4 62 `' ; 228 - 77' 6 � 1\!\ < �2446�,E,6�OFt�v,3.65 P •b1' o\*\\♦N�. 3!32E oo Q C= 226. 36 0 o N R � 61 , 1-,- cs-pPSEME�� /; , coIJ.1 o N � N / w I B = N 1 3 * 3 6' 4 9 "W \ F ,z/ oPiN Gp G 9� ♦ ♦I •r 1-w I 18 } } e I Q 7 \1 � iO� 2g\gc, \Ju 302$� ♦1I,� 93 1 I� �A\ La -1 40-6'_ _ _ 20 _ _ _5'U.E.------ �/ / / /y/' /'I w o o� o; I U O W _.._.._.._.-� _.._.._.._.._.. �o N// J w !�\♦9♦\\♦ 30 11 oI S88°54'36"E 186.66' ---- r z z ` i 2� M ♦``'���'6 ! ml ACHILLE DRIVE (50' R.O.W.) �I o� ' N' I �h _ _ _ _ _ Nam= c��3` ' I 033p PC. o\ //\\♦ Mi j 28 5'U.E.-T-' \ �j- ...... if9.37' ....... 2B --------5,�-E- F N %` ; i w_ 0 I I 15' B.L. mi /' � 0� $ g�K♦ c OPb�o S♦CE`;♦3g\,\�♦2 6 ;2i O 8754V 4"E . col� I! �1 �I _............. o 4As ss', \ \y! - IQ M1LABAR HILLSI O o. 31 5'U.E. DO$.NO.2023-�985 Pr 27 -------- PROSPER HIGH SCHOOL N0. 3 - �z -� Fv�� ♦�♦ `♦ 88*6_01 " I I I I o� 6° L- I� /. G\. gFj,Q VOL:-7023;FG.-5S7- - '� SOON EMwNl 9° �' ♦ I ! m S 3 .00 M I °°''I ^ I� to �n° o /' 1/2" 1RF , / 8\' EP6Ga, .000``♦ _ o ! - I 5/8"IRF W/ a-' Io I I . o --------------------------------------------------------------- J O ------------------- "TNP" CAP .-' r- �O\-�n=i►t` O 10 I Q p �m o� 32 2_.._.._.._.._.._.._.._.._.._.._..J.._.._.._..J.._.._.._.._.._-.---.---.---:--.-� I �I N' I� j N ^ � 'r'/ Q�� �Q�• %/ , `� 5' U.E. I ; I wl L' N I^ I N n I O C);I6 o I'll „ i J,� I I o a; N �a�1a I M // \ - - _.._. _.._.._.._.. 3 3 .00' 35.56' °lo' I 06 1 0 _ /' - - --.._.._.._ _..- ._. _. J' I . I rn o _ �. ----'-----------;I-----5;------t------------ill------------t---------- 0 11 ail al to j rn 1 N (p_ �---'' U.E. �. c Ri_W N! ° I4 j 25 I �I� i �1�(� F`'� �,/iZ, ' �,/' ��c♦�♦ (V I 5'U.E.��I 8 co j 33 1/2" IRF GCS` - I 1E�5'U.Eo O o S88 6V' //' 'RI I o l I I I w;'! Q� I d 49'18"E ,n -for" r- 4 v}� w 12 1 NO � I 0,0 I ♦00OT I O5 /s° IRF I II jI II LII II n; 5S S R. ESMT, I IIE 940.68' �- - - -W --Z I_ 24 ao 89.38' 5/8" IRF I tN HUNT WANDERING CREEK LAND, LLC. q°1 3.81' 144.54'' ...� 73.9216 ACRE TRACT 1 DOC. NO. 2022000078273 II ZII \ o� o co Lc) N N N- �o c 13 1` uj C14 O0%4 ' v 04 5 M6 � O 8 10 11 � o LO 5 '00rno c'O 34 N 661 88° " /�p6 1 6$\\`\ �P /' o d j y ?�\ •63\ 19g e p . - - _ 20_B. . _ . _ _ _ _ _ 20' B.L. 0 / / R N60 06 GF \�\ \N So ° h�0 6�\ \ \ \ 1 133.72' - 50.37 84_00 13.12' 61.39' _ - . I \N \ 1 62.95' 13.81' 86_00' 84.56_ p i QbQ (( Q\Q QG� i L55 /y / S - - - 1.56, 127 34 10�0 - - - - A= 13053'51" R= 325.00' L= 78.83' C= 78.64' B= N31019' 54" cp'. �p?p D.E. �Lk4 cb 12 3`J J 9 7 - S89° 25'48"E 147.50' HARj��SpN LANE _ � 5 2 o h n o _ 76.78' �o I m o6�Fj �G� Sti �`� i 6B C2 �R ��F \ C28 _ S\ C30 S89°25'48"E 142.57' /n / `JOB (� 066$ phgtti 1� Q / 60 06 / a \�' \ R� 36 9 M . 87.2s' - - (50 R.O.W.) C29 _ 4' 42.23' 84.00' 21.26' 51.51'5 _ _ - - _ 30.31' 41.78� DC b � 19 �R' 3s � Q - - - - T . - - - - 2,.2p - - . _ L 3 12 VR N600 06,5.811E PROSPER HIGH SCHOOL NO. 3 \, �� - VOL. 2021, PG. 108 \. \ 22 \ � AQ- 23 1/2" IRF W/ "RPLS 1674" CAP1 A - - - - - - - - - - - - - - - - 1 - - - - - - - - - - - �O C 16'I ---------------'------------- -_DO --C, NO 2 2SMT 1p8p5p015??450------------- --------------- yam`. s'\ 'E CALLED 67.728 AC. 67 PROSPER, L.P. INST. NO. 20060921001363990 s �,F% V'S oi h Dyn •9>,%ys� P T � \ A 666, / FF- : 666.24 F 9 S89°25'48"E 625.51' _ y (50' R.O.W_) - '1 9G' - 8.11_ 89.96' _ _ 86.0-T - -96.�' - - I--84:O,r 168.01' L6 ^ `V F MIN. FF- 20' B.L. MIN. FF- MIN. FF- w o 24 N o 666 24 M 666.24 666.24 zi 1 M MIN. FF- t I 7 6 _ � 5 lj 666.24 25'B.L___.__.__ !21 NN' 89.96' 86,01' 86.01' 84.01' - I I I I I I L----- INST. NO. 20080605000680470 NZ5'd-L0'4?J--W ,54b.96- T. 60422000484920 WANDERING CREEK LOT 1, BLOCK A BOOK 2023 PG.28 'HIS LOT HAS BEEN )EDICATED TO THE WN PARKLAND ER AS Item 14. 0 50 100 200 iiia SCALE: 1" = 100' BLK A BLK C BLK E BLK G Lot SF Lot SF Lot 7 SF Lot SF 1* 56380 7 10793 24 14278 6 11181 2 12451 8* 7208 25 11340 7 11685 3 11195 9 12057 26 9990 8 11541 4 13025 10 9990 27 9980 9 11190 5 16704 11 9990 28 12679 10 9250 6 21590 12 9990 29* 16965 11 9614 7 12893 13 14076 30 15277 12 9398 BLK D BLKI 8 9898 31 11900 Lot SF Lot SF 9 9922 32 11614 1* 13098 1* 473 10 10001 33 16035 11 10306 22 11514 34 11406 12 10868 23 9620 35 11496 13 11691 24 9620 36 15030 14 12462 25 9620 37* 5797 15 12899 26 9620 38 12157 16 12997 27 10605 1 39 10957 BLK E 17 17304 40 10920 Lot SF 18 14561 41 42 43 44 10920 10920 10920 10610 BLK B 1 2 3 10610 10920 10920 Lot SF 1 15179 BLK F 2 12401 4 10920 Lot SF 3 11575 5 10920 1 13615 4 10806 6 10920 5 10426 7 11467 2 15805 6 10364 8 20728 3* 28024 7 11714 9 13627 4 10567 8 12759 10 11936 5 10896 9 10285 11 11234 6 10920 10 10126 12 11641 7 9757 11 10118 13 12052 8 18244 12 10118 14 9913 9 11409 13 16267 15 16 17 18 9990 9990 11487 12217 10 11 11180 13140 BLK C Lot SF BLK G 1 12284 Lot SF 1 13829 2 9620 19 10665 3 9620 20 10665 2 14320 4 9620 21 10665 3* 273034 5 10170 22 12626 4 10921 6 10875 23* 47220 5 11181 * - Denotes HOA lots CASE* DEVAPP-23-0156 FINAL PLAT OF 310 PROSPER, L.P. TRACT 1 VOL. 5823 PG. 3462 WANDERING CREEK PHASE I LOTS 1-18, BLOCK A LOTS 1-13, BLOCK B LOTS 1-13, BLOCK C LOTS 1, & 22-27, BLOCK D LOTS 1-44, BLOCK E LOTS 1-11, BLOCK F LOTS 1-12, BLOCK G LOT 1, BLOCK I TOTAL LOTS 118 TOTAL RESIDENTIAL LOTS 110 TOTAL OPEN SPACE LOTS 8 TOTAL GROSS ACRES 48.923 TOTAL NET ACRES 38.665 TOTAL ROW ACRES 8.912 OR 388218.22 SQ. FT. OUT OF THE LARKIN McCARTY SURVEY, ABSTRACT NO. 600 JEREMIAH HORN SURVEY, ABSTRACT NO. 411 IN THE TOWN OF PROSPER COLLIN COUNTY, TEXAS OWNER/APPLICANT HUNT WANDERING CREEK LAND, LLC. 1330 AVENUE OF THE AMERICAS, 28TH FLOOR NEW YORK, NY 10019 PREPARED BY CORWIN ENGINEERING, INC. 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 WARREN CORWIN SCALE 1'' = 100' SEPTEMBER 2023 SHEET 2 OF 3 Page 111 LEGAL DESCRIPTION BEING a tract of land situated in the Larkin McCarty Survey, Abstract Number 600 and the Jeremiah Horn Survey, Abstract No. 41'1 in the Tovyn of Prosper Collin County Texas, being part of 73.9216 acre tract as described in Doc. No. 2022060078273 In the Deed F ecords of Collin County, Texas, and being more particularly described as follows: BEGINNING, at a 1/2 inch iron rod found at the northwest corner of Malabar Hills, an addition to the Town of Prosper as described in Doc. No. 2023-598 in Plat Records of Collin County, Texas and being in the south line of First Street (Variable R.O.W.); THENCE, South 00° 55'19" West, along the west line said Malaber Hills and the east line of said 73.9216 acre tract, for a distance of 628.71 feet, to a 5/8 inch iron rod found; THENCE, South 01° 09'38" West, continuing along said lines, for a distance of 889.76 feet, to a 1/2 inch iron rod found; THENCE South 01° 38'16" W,es continuing balabar along said lines for a distance of 176.12 feet, to a 5/8 inch iron rod found at the southwest corner of said Hills and being an ell corner of said 73.9216 acre tract; THENCE, South 89° 25'48" East, along the inch south line iron of said Malabar Hills and a north 'line of said 73.9216 acre tract, for a distance of 940.68 feet, to a 5/8' found at the southeast corner of said Malabar Hills being the most easterly northeast corner of said 73.9216 acre tract; THENCE South 01° 05'52" West, along the east line of said 73.9216 acre tract, for a distance of 654.70 feet, to a point in the center of a creek; THENCE, alongq the south line of said 73.9216 acre tract and along the centerline of said creek for the following thirty (30) calls: South 67° 45'09" West, for a distance of 26.27 feet; North 61° 17'57" W st, for a distance of 26.43 feet; South 30° 50'48" � est, for a distance of 29.95 feet; South 54° 00'34" West, for a distance of 33.82 feet; South 88° 20'15" West, for a distance of 43.05 feet; South 79° 24'29" Wet, for a distance of 28.31 feet; South 45° 49'02" West, for a distance of 63.91 feet; South 78° 13'58" West, for a distance of 82.24 feet; North 79° 43'00" West, for a distance of 27.16 feet; South 59° 06'56" Test, for a distance of 31.51 feet; South 20° 52'18" West, for a distance of 31,91 feet; South 01° 06'55" West, for a distance of 24.02 feet; South 06° 19'53" est, for a distance of 21.59 feet; South 21° 05'52" East, for a distance of 21.98 feet; South 42° 07'51" West, for a distance of 84.32 feet; South 70° 40'49" west, for a distance of 139.88 feet; North 79° 38'38" West, for a distance of 60.66 feet; North 02° 19'14" West, for a distance of 103.20 feet; North 57° 03'11" W st, for a distance of 51.44 feet; South 72° 07'04" lest, for a distance of 75.19 feet; North 76° 44'25" West, for a distance of 54,20 feet; South 72° 06'16" West for a distance of 92.62 feet; South North 73° 84a 43'45" 26 �40" West, for est, for a distance a distance of 67.95 feet; of 90.84 feet; South 79 47 16 West, for a distance of 96.95 feet; North 83° 45'07" West, for a distance of 32.95 feet; South 62° 57'59" West, for a distance of 54.72 feet; North 79° 36'21" West for a distance of 53.18 feet; North 67° 45'22" esi, for West, a distance of 28.74 feet; South 51° 52'42" for a distance of 107.35 feet; THENCE, North 34° 07'12" West, departing said creek and continuing along said south line, for a distance of 437.24 feet, to a 1/2 inch iron rod found; THENCE, North 34° 07'12" West, for a distance of 195.14 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 38° 16'50" West, for a distance of 526.16 feet, to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 60° 06'58" East, for a distance of 131.41 feet, to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 38° "Corwin 16'50" West, for a distance of 46.89 feet, to a 1/2 inch iron rod set yyyyith a yelloW cap stamped Engg Inc.", at the point of curvature of a curve to the right, having a radius of 325.00 feet, a central angle of 130 53'5T'; THENCE, along said curve to the rigght for an arc distance of 78.83 feet (Chord Bearing North 31° 19'54" West- 78.64 "Corwin feet), to a 11g2 inch iron rod set With a yellow cap stamped Eng. Inc."; THENCE, North 600 06'58" East, for a distance of 176.50 feet, to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 010 10'42" East, for a distance of 483.80 feet, to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 69° 39'32" "Corwin East for a to distance of 22.43 feet, to a 1/2 inch iron rod set With a yelloyyyy cap stamped Eng. Inc.", on a curve the right, having a radius of 455.00 feet, a central angle of 28 48'26"; THENCE, along said curve to the right for an arc distance of 228.77 feet (Chord Bearinq North 130 36'49" West - 226.36 feet), to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc.", al the point of tangency; THENCE, North 00047'24" East, for a distance of 340.71 feet, to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 130 55'57" West, for a distance of 50.00 feet, to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 760 04'03" "Coryyyyin East, for a distance of 21.70 feet, to a 1/2 inch iron rod set with a yellow cap stamped Engg Inc.", at the point of curvature of a curve to the left, having a radius of 1250.00 feet, a central angle of 03° 21'5T'; THENCE, along said curve to the left for an arc distance of 73.40 feet (Chord Bearing North 74023'08" East - 73.39 feet), to a 1Ig2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 170 17'48" West, for a distance of 107.10 feet, to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 65021'21" West, for a distance of 31.63 feet, to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the right, having a radius of 1179.00 feet, a central angle of 070 02'23"; THENCE, alonsaid curve to the rigght for an arc distance of 144.86 feet (Chord Bearing South 75° 37'26" West - 144.77 feet), to a 1h inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 89° 13'29" West, for a distance of 59.92 feet, to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.", on a non -tangent curve to the right, having a radius of 1170.00 feet, a central angle of 05" 27'13"; THENCE along said curve to the right for an arc distance of 111.37 feet (Chord Bearing South 84° 45'39" West - 111.32 feet), to a 1/1 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, South 440 42'21" West, for a distance of 16.99 feet, to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc."; THENCE, North 89° 12'36" Westt for a distance of 10.74 fe t to a 1/2 inch iron rod set With a yellow cap stamped "Corwin Eng. Inc.", in the east line of Wildcat Way (60' R.O.p; THENCE, North 00° 47'16" East, along said east line, for a distance of 10.74 feet, to a 1/2 inch iron rod found; THENCE, North 44° 28'08' East continuing along said east line, for a distance of 35.83 feet, to a 1/2 inch iron rod found in the south line of said First Street, being on a curve to the left, having a radius of 1145.00 feet, a central angle of 500 27'37"; THENCE along the south line of said First Street and With said curve to the left for an arc distance of 1008.40 feet (Chord bearing North 62° 45'29" East - 976.12 feet), to a 1/2 inch iron rod found at the point of tangency; THENCE, North 370 31'40" East, continuing along said south line, for a distance of 100.34 feet, to a 1/2 inch iron rod found at the point of curvature of a curve to the right, having a radius of 1055.00 feet, a central, angle of 07° 09'13"; THENCE, continuing along,said south line and With said curve to the right for an arc distance of 131.72 feet (Chord Bearing North 41° 06'17" East 131.63 feet), to the POINT OF BEGINNING and containing 48.923 acres of land. SURVEYOR'S CERTIFICATE KNOW ALL MEN BY THESE PRESENTS that I, WARREN L. CORWIN, do hereby certify that I prepared this Plat and the field notes made a part thereof from an actual and accurate survey of the land and that the corner monuments shown thereon yyere properly placed under my personal supervision, in accordance with the Subdivison regulations of the Town of Prosper, Texas. ARREN L. CORWIN .P.L.S. No. 4621 THE STATE OF TEXAS § COUNTY OF COLLIN § Before me, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared WARREN T. CORWIN, known to me to be the person and officer Whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed some for the purpose and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office, this day of . 2023, STATE OF TEXAS § COUNTY OF COLLIN § NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT, HUNT WANDERING CREEK LAND, LLC., acting herein by and through its duly authorized officers, does hereby certify and adopt this plat designating the herein above described property as WANDERING CREEK, an addition to the Town of Prosper, and does hereby dedicate to the public use forever, the streets and alleys shown thereon. The HUNT WANDERING CREEK LAND, LLC. does herein certify the following: 1. The streets and alleys are dedicated for street and alley purposes. 2. All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances. 3. The easements and public use areas, as shown, are dedicated for the public use forever for the purposes indicated on this plat. 4. No buildings, fences, trees, shrubs or other improvements or growths shall be constructed or placed upon, over or across the easements as shown, except that landscape improvements may be placed in landscape easements if approved by the Town of Prosper. 5. The Town of Prosper is not responsible for replacing any improvements in, under, or over any easements caused by maintenance or repair. 6. Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the public's and Town of Prosper's use thereof. 7. The Town of Prosper and public utilities shall have the right to remove and keep removed all or parts of any buildings, fences, trees, shrubs or other improvements or growths which may in any Way endanger or interfere With the construction, maintenance, or efficiency of their respective systems in the easements. 8. The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to or from their respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters, and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission from anyone. 9. All modifications to this document shall be by means of plat and approved by the Town of Prosper. 10. 100 Year Floodplain Easement Restriction. Construction within the floodplain may not occur until approved by the Town. (A request for construction Within the floodplain easement must be accompanied with detailed engineering plans and studies indicating that no flooding Will result, that no obstruction to the natural flow of Water Will result; and subject to all owners or the property affected by such construction becoming a party to the request.) Where construction is approved, all finished floor elevations shall be a minimum of one (1) foot above the 100-year flood elevation as determined by analyzing the ultimate build -out conditions of the entire drainage basin. Existing creeks, lakes, reservoirs, or drainage channels traversing along or across portions of this addition, will remain as an open channel at all times and will be maintained by the individual owners of the lot or lots that are traversed by the drainage courses along or across said lots. The Town Will not be responsible for the maintenance and operation of said drainage ways or for the control of erosion. Each property owner shall keep the natural drainage channels traversing his/her property clean and free of debris, silt, or any substance that Would result in unsanitary conditions. The Town shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance work by the property owner to alleviate any undesirable conditions, which may occur. The Town is not obligated to maintain or assistance With maintenance of the area. The natural drainage channel, as in the case of all natural drainage channels, are subject to storm Water overflow and natural bank erosion. The Town shall not be liable for damages of any nature resulting from the occurrence of these natural phenomena, nor resulting from a failure of any structure(s) Within the natural drainage channels. The natural drainage channel crossing each lot is shown by the FloodWay easement line as shown on the plat. If a Subdivision alters the horizontal or vertical floodplain, a FEMA FloodWay map revision may be required. DRAINAGE AND DETENTION EASEMENT This plat is hereby adopted by the Owners and approved by the Town of Prosper (Called "Town") subject to the following conditions Which shall be binding upon the Owners, their heirs, grantees, successors and assigns: The Portion of Block H, as shown on the plat is called "Drainage and Detention Easement" The Drainage and Detention Easement Within the limits of this addition, Will remain open at all times and Will be maintained in a safe and sanitary condition by the owners of the lot or lots that are traversed by or adjacent to the Drainage and Detention Easement, The Town Will not be responsible for the maintenance and operation of said Easement or for any damage to private property or person that results from conditions in the Easement, or for the control of erosion. No obstructions to the natural flow or storm Water run-off shall be permitted by construction of any type of building, fence or any other structure Within the Drainage and Detention Easement, as herein above defined, unless approved by the Town Engineer. Provided, however, it is understood that in the event it becomes necessary for the Town to erect of consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by drainage in or adjacent to the subdivision, then in such event, the Town shall have the right to enter upon the Drainage and Detention Easement at any point, or points, to investigate, survey or to erect, construct and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the Drainage and Detention Easement clean and free of debris, silt, and any substance Which Would result in unsanitary conditions or obstruct the flow of Water, and the Town shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance Work by the property owner to alleviate any undesirable conditions Which may occur. The natural drainage through the Drainage and Detention Easement is subject to storm Water overflow and natural bank erosion to an extent Which cannot be definitely defined. The Town shall not be held liable for any such damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure or structures, Within the Easement. LANDSCAPE EASEMENT The undersigned covenants and agrees that the landscape easement and restrictions herein set forth shall run With the land and be binding on the owner(s) of the property in this subdivision, their successors and assigns, and all parties claiming by, through and under them. In the event a replat is requested on all or part of this property, the Town may require any similar or additional restrictions at its sole discretion. The sole responsibility for maintenance and replacement of landscape materials thereof shall be borne by any "homeowners" association hereafter established for the owners of lots in this subdivision and/or the owners of the individual lots Within this subdivision. Such maintenance and replacement shall be in conformance With the requirements, standards, and specifications of the Town of Prosper, as presently in effect or as may be hereafter amended. This provision may be enforced by specific performance or by any other remedy allowed by law. This Landscape Easement shall be void of utilities and drainage and other elements unless otherwise approved on the plat. ACCESS EASEMENT The undersigned covenants and agrees that the access easement(s) may be utilized by any person of the general public for ingress and egress to other real property, and for the purpose of general public vehicular use and access, and for the Fire Department, Police, and emergency use in along, upon, and across said premises, With the right and privilege at all time of the Town of Prosper, its agents, employees, Workmen and representatives having ingress, egress, and regress in, along, upon, and across said premises. DRAINAGE & FLOODWAY EASEMENT This plat is hereby adopted by the Owners and approved by the Town of Prosper (Called "Town") subject to the following conditions Which shall be binding upon the Owners, their heirs, grantees, successors and assigns: The Portion of Block G, as shown on the plat is called "Drainage and FloodWay Easement" and is the natural drainage channel across each lot. The existing creek or creeks traversing along the Drainage and FloodWay Easement Within the limits of this addition, Will remain as an open channel at all times and Will be maintained by the owners of the lot or lots that are traversed by or adjacent to the drainage courses in the Drainage and FloodWay Easement. The Town Will not be responsible for the maintenance and operation or said creek or creeks or for any damage to private property or personthat results for the flow of water along said creek, of for the control of erosion. No obstruction to the natural flow of storm water run-off shall be permitted by construction of any type of building, fence, or any other structure Within the Drainage and FloodWay Easement or the natural drainage channels, as herein above defined. Provided it is understood that in the event it becomes necessary for the Town to erect or consider erecting any type of drainage structure in order to improve the storm drainage that may be occasioned by streets and alleys in or adjacent to the subdivision, then in such event, the To Wn shall have the right to enter upon the Drainage and FloodWay Easement at any point, or points, to investigate, survey or to erect, construct, and maintain any drainage facility deemed necessary for drainage purposes. Each property owner shall keep the natural drainage channels traversing or adjacent to his property clean and free of debris, silt, and any substance Which Would result in unsanitary conditions or obstruct the flow of water, and the Town shall have the right of ingress and egress for the purpose of inspection and supervision of maintenance Work by the property owner to alleviate any undesirable conditions Which may occur. The natural drainage through the Drainage and FloodWay Easement, as in the case of all natural channels, are subject to storm Water overflow and natural bank erosion to an extent Which cannot be definitely defined. The Town shall not be held liable for any damages of any nature resulting from the occurrence of these natural phenomena, or resulting from the failure of any structure or structures, Within the natural drainage channels. Building areas outside the Drainage and FloodWay Easement line shall be filled to a minimum elevation as shown on the plat. The minimum floor elevation for each lot shall be as shown on the plat. This plat approved subject to all platting ordinances, rules, regulations and resolutions of the Town of Prosper, Texas. WITNESS, my hand, this the day of , 2023. BY: HUNT WANDERING CREEK LAND, LLC. STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared known to me to be the person and officer Whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of , 2023. Notary Public, State of Texas CERTIFICATE OF APPROVAL Approved this day of of the Town of Prosper, Texas. ,2023 by the Planning & Zoning Commission Town Secretary Engineering Department CASE* DEVAPP-23-0156 FINAL PLAT OF WANDERING CREEK PHASE I LOTS 1-18, BLOCK A LOTS 1-13, BLOCK B LOTS 1-13, BLOCK C LOTS 1, & 22-27, BLOCK D LOTS 1-44, BLOCK E LOTS 1-11, BLOCK F LOTS 1-12, BLOCK G LOT 1, BLOCK I TOTAL LOTS 118 TOTAL RESIDENTIAL LOTS 110 TOTAL OPEN SPACE LOTS 8 TOTAL GROSS ACRES 48.923 TOTAL NET ACRES 38.665 TOTAL ROW ACRES 8.912 OR 388218.22 SQ. FT. OUT OF THE LARKIN McCARTY SURVEY, ABSTRACT NO. 600 JEREMIAH HORN SURVEY, ABSTRACT NO. 411 IN THE TOWN OF PROSPER COLLIN COUNTY, TEXAS OWNER/APPLICANT HUNT WANDERING CREEK LAND, LLC. 1330 AVENUE OF THE AMERICAS, 28TH FLOOR NEW YORK, NY 10019 PREPARED BY CORWIN ENGINEERING, INC. 200 W. BELMONT, SUITE E ALLEN, TEXAS 75013 972-396-1200 WARREN CORWIN NOTARY PUBLIC, STATE OF TEXAS Development Services Department SEPTEMBER 2023 SHEET 3 OF Page 112 PRLOWN OF PLANNING SPER A Place Where Everyone Matters To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Removal of Historic Tree at Legacy Garden Phases 3-4 Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a request for the removal of an historic tree on Legacy Gardens, Phases 3-4, on 136.1± acres, located on the southwest corner of Shawnee Trail and Frontier Parkway. Description of Agenda Item: The developer of the third and fourth phases of Legacy Gardens is requesting approval from the Town Council to remove a 42-caliper inch ash tree for the development of a residential subdivision. Per the Town's Zoning Ordinance, a tree exceeding a 40-caliper inch diameter is classified as an historic tree. These trees require Town Council approval to be removed. Currently, the historic tree leans heavily to the south due to the north side of the tree being trimmed, presumably by a power line company (see attached photo). The tree's growth interferes with existing power lines and power line companies typically trim the parts of tree canopies that conflict with their lines. Additionally, the historic tree is in the future right-of-way for Frontier Parkway. Eventually, the tree would be removed due to the anticipated expansion of the major thoroughfare. For all these reasons, it has been determined that the historic tree will not survive in the years to come. Historic trees are required to be mitigated at a rate of 400 percent. Per the breakdown below, this would require the developer to replace the tree with 56 trees or pay a $29,400 fee in lieu of replacement. Mitigation Breakdown: 42 (Historic Tree Caliper Inches) x 4 (400% Mitigation Rate) = 168 (Caliper Inches Required) 168 (Caliper Inches Required) / 3 (Average Caliper Inches for Tree) = 56 (Replacement Trees) 168 (Caliper Inches Required) x 175 (Rate) = 29,400 (Fee In Lieu of Tree Replacement) Budget Impact: There is no budgetary impact affiliated with this item. Attachments: 1. Request Letter 2. Tree Survey 3. Future Frontier Right -Of -Way Exhibit 4. Tree Exhibit Page 1 of 2 Page 113 Town Staff Recommendation: Town Staff recommends approval of the request. Proposed Motion: I move to approve/deny a request for the removal of an historic tree on Legacy Gardens, Phases 3-4, on 136.1± acres, located on the southwest corner of Shawnee Trail and Frontier Parkway. Page 2 of 2 Page 114 Kimley>»Horn August 8, 2024 Dakari Hill Town of Prosper 250 W First Street Prosper, TX 75078 RE: Request for Removal of Historic Tree within Existing Frontier Parkway Right -of -Way Prosper, TX Dear Mr. Hill, A historic ash tree is located within the Town of Prosper's established right-of-way for Frontier Parkway. According to the Town's Future Land Use Plan Map, Frontier Parkway is designated as an Ultimate Major Thoroughfare 6 Lane Divided (61-D) road with a 120-foot right-of-way. This alignment was previously established by the Town of Prosper and the northern half of Frontier Parkway was constructed during the development of the Creeks of Legacy in Celina. Toll Brothers is now ready to construct the remaining south lanes of the Frontier Parkway section, which conflict with the location of the historic tree. Additionally, the Town is preparing to construct a CIP trunk sewer line on the south side of the Frontier Parkway right-of-way which will impact the historic tree prior to Toll Brothers completing the roadway improvements. This letter requests the Town Council's approval to remove the historic ash tree located in the Town's Frontier Parkway right-of-way prior to the Town's sewer line construction and the roadway improvements. Please contact us if you have any questions or concerns. Sincerely, Kimley-Horn and Associates, Inc. 44e4J /A 4&C Michael R. Molge, P.E. Project Manager cc: David M. "Mike" Boswell — Toll Brothers 972 335 3580 =_ Item 15. GRAPHIC SCALE IN FEET 60 0 30 60 120 1 "=60' @ 24X36 LOT 15X, BLOCK A CREEKS OF LEGAr'V PHASE 2B VOL. 2017, PG. 598 M.R.C.C.- dw 245 HACKBERRY DBH: 19.0" 243- HACKBERRY DBH: 16.0" ' 4.-'no' NTIER PKWY RE 120' RO 246 ASH DBH: 42.0" 242 HACKBERRY 247 DBH: 18.0" HACKBERRY 244 DBH: 7.0" ASH 260 DBH: 26.0" 248 HACKBERRY HACKBERRY DBH: 11.0" DBH: 4.0" 261 HACKBERRY DBH: 6.0" 241 HACKBERRY DBH: 21.0" 257 240 HACKBERRY 256 HACKBERRY DBH: 4.0" ASH DBH: 18.0" 259 DBH: 33.0" 258 HACKBERRY ACKBERRY DBH: 11.0" DBH: 7.0" -1" __" ..-F " TRACT 1 ; TOLL SOUTHWEST LLC 130 ACRES LLC INST. NO. 2023000144978 O.P.R.C.C.T.,, 251 HACKBERRY DBH: 8.0" 250 HACKBERRY DBH: 7.0" 249 HACKBERRY DBH: 11.0" 252 HACKBERRY DBH: 8.0" 255 -/ HACKBERRY DBH: 8.0" 254 HACKBERRY DBH: 8.0" 253 HACKBERRY DBH: 11.04 U/ALLCU I LU.0 I Dy /AUMr—S - LEGACYFRONTIER, LLC - - INST. NO. 20150203000121210 = rO.P.R.C.C.T. a 263 HACKBERRY DBH: 8.0" 262 HACKBERRY DBH: 14.0" CALLED 13.038 ACRES PROSPER INDEPENDENT SCHOOL DISTRICT INST. NO. 20200817001343650 O.P.R.C.C.T. — — — — — — — — — — — — — / -=--= =------ -------_-_-___--��_ ------ AUUtzb5 I KAL.I /-------- r CALLED 0.908 ACRE PROSPER INDEPENDENT APPROK LOCATION OF 30' SCHOOL DISTRIC WIDE GAS PIPELINE ESMT. INST. NO. VOL. 1408, PG. 862 2020081700134365U L.R.C.C.T. 0.P.R.C.C.T � l - Legacy Gardens Phases 3 & 4 - Tree Inventory Prosper, Collin County., Texas TAG# Common Name Genus Species DBH Stems Condition Class STATUS 240 Hackberry Celtis Occidentalis 18 1 Fair REMOVE 241 Hackberry Celtis Occidentalis 21 1 Dead REMOVE 242 Hackberry Celtis Occidentalis 19 1 Poor REMOVE 243 Hackberry Celtis Occidentalis 16 1 Fair REMOVE 244 Ash Fraxinus sp 26 1 Dead REMOVE 245 Hackberry Celtis Occidentalis 19 1 Fair REMOVE 246 Ash Fraxinus sp 42 1 Fai r REMOVE 247 Hackberry Celtis Occidentalis 7 1 Good REMOVE 248 Hackberry Celtis Occidentalis 4 1 Good REMOVE 249 Hackberry Celtis Occidentalis 11 1 Poor REMOVE 250 Hackberry Celtis Occidentalis 7 1 Good REMOVE 251 Hackberry Celtis Occidentalis 8 1 Good REMOVE 252 Hackberry Celtis Occidentalis 8 1 Good REMOVE 253 Hackberry Celtis Occidentalis 11 1 Good REMOVE 254 Hackberry Celtis Occidentalis 8 1 Good REMOVE 255 Hackberry Celtis Occidentalis 5 1 Good REMOVE 256 Ash Fraxinus sp 33 1 Dead REMOVE 257 Hackberry Celtis Occidentalis 4 1 Good REMOVE 258 Hackberry Celtis Occidentalis 11 1 Good REMOVE 259 Hackberry Celtis Occidentalis 7 1 Good REMOVE 260 Hackberry Celtis Occidentalis 11 1 Good REMOVE 261 Hackberry Celtis Occidentalis 6 1 Dead REMOVE 262 Hackberry Celtis Occidentalis 14 1 Good REMOVE 263 Hackberry I Celtis Occidentalis 8 1 1 1 Fair I REMOVE VICINITY MAP N.T.S. FRONTIER PARKWAY w Q SITE 0 J = w J O Q PARVIN ROAD � z o H 0 Q O w Z Q Y 0 QY S U) PROSPER TRAIL SHEET KEY MAP NTS LEGEND EXISTING TREE TO BE 0 PROTECTED AND REMAIN IN PLACE 0 EXISTING TREE TO BE REMOVED PROPOSED TREE PROTECTION EXISTING OVERHEAD ELECTRIC oHE EXISTING 5 STRAND BARB WIRE X FENCE EXISTING UNDERGROUND GAS EXISTING WATER LINE W CBL EXISTING UNDERGROUND CABLE EXISTING ASPHALT PAVEMENT DEVAPP-24-0060 GENERAL TREE SURVEY LEGACY GARDENS PHASES 3 & 4 N PD-115 ZONING N a 136.884 ACRES 0 w 271 RESIDENTIAL LOTS BLOCK A: LOTS 2-13; BLOCK B: LOTS 3-11, 13-19, 21-73; Q J BLOCK C: LOTS 2-8, 10-17; BLOCK D: LOTS 7-13, 12-16; BLOCK E: LOTS 2-12; a BLOCK F: LOTS 1-9; BLOCK G: LOTS 1-8, 10-17; BLOCK I: LOTS 1-7, 9-15; M N BLOCK J: LOTS 1-12; BLOCK K: LOTS 1-16; BLOCK L: LOTS 1-17; N BLOCK M: LOTS 1-6, 9-14; BLOCK P: LOTS 1-19; BLOCK Q: LOTS 1-12; BLOCK R: LOTS 2-8; BLOCK W: LOTS 5-11, 13-24; w 23 OPEN SPACE (HOA) LOTS BLOCK A: LOT 1 X; BLOCK B: LOTS 1 X, 2X, 12X, 20X, 74X & 75X; BLOCK C: LOTS 1X & 9X; BLOCK D: LOTS 6X; BLOCK E: LOT 1X; o BLOCK F: LOT 1 OX; BLOCK G: LOT 9X; BLOCK H: LOT 12X; BLOCK I: LOT 8X; BLOCK L: LOT 7X; BLOCK M: LOT 7X, 8X & 15X; BLOCK N: LOT 1X; ° a_ BLOCK P: LOT 1X; BLOCK W: LOT 12X 0 r W Cn COLLIN COUNTY SCHOOL LAND SURVEY, Uj ABSTRACT NO. 147 TOWN OF PROSPER, COLLIN COUNTY, TEXAS W z CASE NO. D21-0119 Ire Ki lev >>Hory 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 Frisco, Texas 75034 Fax No. (972) 335-3779 Scale I Drawn by I Checked by Date Project No. Sheet No. AS SHOWN JJNR TGC JULY 2024 068625034 T-1 ENGINEER: Kimley-Horn and Associates, Inc. 6160 Warren Parkway, Suite 210 Frisco, Texas 75034 Ph: 972.335.3580 Contact: Thomas G. Coppin, P.E. OWNER: Toll Southwest LLC 2555 SW Grapevine Parkway, Suite 100 Grapevine, Texas 76051 Ph: 817.329.7973 Contact: Mike Boswell M M M -- EXISTING FRONTIER LANES ss ss ss — ----- T _ 23+00 24+00 25+00 26+00 27+00 +00 —� —4- 28+83 2848429+00 29+36 E Page 117 Page 118 Item 15. a. A. OT OWN OF PLANNING p T R A Place Where Everyone Matters To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Professional Services Agreement for a Unified Development Code Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the creation of a Unified Development Code for an amount not to exceed $324,842. Description of Agenda Item: A Unified Development Code is a single document that combines different land use regulations including the Zoning Ordinance, Subdivision Ordinance, Engineering Standards, and several articles of the Code of Ordinances. In addition to creating a unified document, it will include: • New Downtown Overlay District standards • New Dallas North Tollway Overlay District standards • Updates to existing ordinances The process will start with a kick-off meeting and tour with the consultant and Town. There will be staff check -in meetings (usually bi-weekly) with the consultant as Staff works with the Consultant during the preparation of a draft and final version of the document. Project deliverables include all electronic files in Microsoft Word and Adobe PDF formats to edit and reproduce the development regulations. This scope of services does not include preparation of engineering design/technical criteria or standard specifications, or preparation of a new zoning map. A public hearing will be held at the Planning & Zoning Commission and at Town Council for the consideration and approval of the Unified Development Code and updates made therein. It is anticipated that the entire process will take approximately six months to complete. Page 1 of 2 Page 119 The Scope of Services in the attached Agreement outlines the services that will be provided by Freese and Nicholes, Inc. Budget Impact: The cost for the Unified Development Code is $324,842 and is budgeted in Planning's Professional Services Account No. 100-5410-40-03. The project will be funded from the current and upcoming budget years from Building Inspection contract services. The funding utilized for the contract will be the savings on unspent funds allocated to outsource commercial plan reviews, if needed. The plan review staffing has been consistent with little to no turnover; therefore, we do not anticipate these funds to be required for outsourced review services. If there is a need, the remaining amount over this contract would be available for this purpose. This expense can be paid over two fiscal years with up to $100,000 charged to this account in FY24 and the remaining $224,842 charged to this account in FY25. The budget funds can be paid without an increase to the general budget for Fiscal Year 2025. After FY25, this line item will be reduced if expenses continue to remain lower. Legal Obligations and Review: Terrence Welch of Brown & Hofineister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Consultant Experience 2. Consultant Resumes 3. Professional Services Agreement Town Staff Recommendation: Town Staff recommends authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the creation of a Unified Development Code for an amount not to exceed $324,842. Proposed Motion: I move to approve/deny authorizing the Town Manager to execute a Professional Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the creation of a Unified Development Code for an amount not to exceed $324,842. Page 2 of 2 Page 120 Firm Overview FNI is a client -focused, regionally based firm with national expertise. We meet client needs with responsiveness and flexibility. Dating back to our firm's founding in 1894, we put relationships first — clients, teaming partners and staff — and seek long-term relationships, many of which are counted in decades, not years. FNI provides a broad range of services to plan, design and manage public infrastructure projects. We help our clients through every stage of the project life cycle: planning, design, program management, funding procurement, regulatory compliance, construction management, and operations and maintenance. Our project teams are known for exceeding client expectations through innovative concepts and high -performing designs. '894 Year company was founded 112V` Multi -discipline professionals :fic 30• Offices nationwide Innovation is the essence of the Freese and Nichols culture. We've structured our company to inspire innovation every day The results are solutions for our clients that span disciplines and geography." Brian Coltharp, PE I FNI President and CEO Helping Our Communities Thrive for 130 Years Since 1894, Freese and Nichols has shaped the communities where we live and work. In 2024, we are celebrating 130 years of innovative approaches, practical results and outstanding service. We have a 130- r year track record of improving our communities and innovating along the way Our commitment to quality and client service stems from our long-term relationships We are part of and invested in your community We are resilient, adaptable and consistent We continue to innovate, collaborating with you Technical Experience Urban Planning + Design FNI's Urban Planning + Design team acts as trusted advisors to develop sustainable places that meet cities' and institutions' needs. We provide a wide range of services to guide you throughout the planning, infrastructure, funding, codes, ordinances and approval phases. Our certified planners, registered architects and landscape architects, licensed engineers and LEED° Accredited Professionals collaborate to deliver solutions through a combination of attention to details, visionary ideas and environmental stewardship. Our award -winning planners have led more than 150 initiatives for cities large and small. We have seen some of our long-term clients grow from populations of fewer than 5,000 to more than 10 times that size — all strengthened and supported by our sound planning guidance. We use creative meeting techniques to gather critical public input while addressing competing interests. Our efforts capture opportunities for economic development while respecting citizens' vision for your community. SPECIFIC SERVICES Urban Planning • Comprehensive Planning • Transportation Planning • Special Area Planning • Park and Open Space Planning • Public Involvement and Consensus Building • Graphic Rendering/3D Visualization • GIS Applications and Services Implementation and Regulations • Zoning and Subdivision Ordinances • Unified Development Codes • Form -Based Codes • Impact Fee Systems • Site Design • Capital Improvement and Program Management Item 16. FNI Urban Planning Awards 2023 Comprehensive Plan Award I Envision McAllen, City of McAllen Gold Achievement Award for Best Practice I Unified Development Code, City of Bee Cave Gold Achievement Award for Implementation I Downtown Master Plan, City of Midlothian 2022 Comprehensive Planning Award 12040 Comprehensive Plan, City of Siloam Springs, AR Public Outreach Award, Gold I Zoning Ordinance, City of Cleburne Comprehensive Plan Award I Comprehensive Plan, City of Pflugerville Planning Achievement Award — Urban Design, Gold I Seabrook Livable Center Study, City of Seabrook 2021 Planning Achievement Award — Best Practice, Gold I Unified Development Code, City of Brownsville Planning Achievement Award — Public Outreach, Gold I Area Development Plans, City of Corpus Christi 2020 Comprehensive Plan Award I Comprehensive Plan, City of Lubbock Planning Achievement Award — Best Practice, Silver I Bois d'Arc Lake Plan and Zoning, Fannin County Planning Achievement Award — Urban Design, Silver I Colleyville Plaza Design, City of Colleyville National Planning Achievement Award, Gold I Implementation of Lewisville 2025 Plan, City of Lewisville Unified Development Code City of Brownsville The unanimously adopted UDC combined zoning regulations, subdivision regulations and a variety of supplemental regulations into a coordinated, modern and progressive set of standards. The goal was to streamline processes and clarify standards for increased understanding, with a strong emphasis on using graphics to convey regulations due to the cross -border, bilingual nature of the local development industry and local community. The City Commission had established a strong desire to improve the long-term fiscal health of the City through advocacy of infill development and removal of regulatory barriers to redevelopment. This involved a unique audit and diagnostic review of existing regulations by FNI serving as Interim Director of Planning for the City of Brownsville for more than two months, allowing the unique perspective of having applied existing ordinances in a practical manner. The resulting innovative hybrid development code includes a form -based code for the downtown, with provisions to support mixed use and housing diversity throughout the City, as well as Complete Streets principles. The code also took into account recent significant changes resulting from the State Legislature through a unique system of streamlined processes and regulatory incentives. The code was unanimously adopted, with developers embracing it early. More than 75% of projects chose to opt in, and there was a sharp increase in small-scale/ missing middle infill development in the core of the city. LOCATION Brownsville, Texas DATES Complete: December 2020 REFERENCE Helen Ramirez, AICP City Manager 1001 East Elizabeth Street Brownsville, Texas 78520 956-548-6005 helen.ramirez@ brownsvilletx.gov TEAM MEMBERS • Chance Sparks: Project Manager LINK Brownsville UDC Unified Development Ordinance City of Victoria FNI prepared a Unified Development Ordinance (UDO) consolidating development -related regulations. The project included public engagement in virtual and in -person formats, coupled with the same for stakeholders and code users. The resulting ordinance was designed to integrate provisions related to subdivisions and development, technical development standards, sign regulations, flood damage prevention, manufactured housing and similar regulations in a streamlined, coordinated regulatory document designed with the user experience in mind. The resulting document featured plain - English approaches to code language, with heavy use of graphics, tables and charts to clearly and concisely convey standards. The process featured an initial diagnostic report, including an assessment of consistency with adopted plan documents such as the comprehensive plan, downtown plan and transportation plan. The regulations themselves were created using an iterative module -based process allowing consideration and feedback in digestible portions. A unique feature of the project was the absence of zoning in Victoria. As a result, the ordinance took a novel approach to this market -responsive environment by emphasizing bulk regulations, form, performance and adjacency compatibility This resulted in a modern development standard on the edge of innovation, successfully aligning the community vision with the market. LOCATION Victoria, Texas DATES Complete: September 2023 REFERENCE Julie Fulgham, AICP Development Services Director 105 W Juan Linn Street Victoria, Texas 77901 361-485-3040 jfulgham@victoriatx.gov TEAM MEMBERS • Chance Sparks: Project Manager • Alexis Garcia: Assistant Program Manager • Shubhangi Rathor: Planner • Carolina Stewart: Planner LINK Victoria UDC Unified Development Code City of Bee Cave FNI recently developed a UDC for the City of Bee Cave, which combines several separate development regulation ordinances into a cohesive, consistent and streamlined code. The project was separated into two phases: diagnostic analysis of the current code, including outreach and stakeholder coordination, and preparation of a new UDC. The diagnostic analysis report outlines existing issues arising out of the City's current codes and practices against the background of community - approved goals and objectives that have been identified by the Our Bee Cave 2037 Comprehensive Plan, coupled with stakeholder input. It goes on to recommend solutions and approaches to overcome each issue identified. The development code was drafted to streamline processes and modernize regulations to reflect current market needs and community vision. With its location over the highly -sensitive Edwards Aquifer Recharge Zone and steep topography, non -point source pollution and flood damage prevention regulations were critical elements. The location in the Hill Country also drove interest in cutting - edge dark sky lighting regulations. Administrative procedures have been optimized to support administrative rather than discretionary approvals to create more predictability, incorporating thoughtful by -right regulations and menu -based approaches to development regulations to encourage creative practices. Recent changes prompted by case law and state legislative actions have been incorporated. Graphics are used heavily to convey regulations in a manner that is easy for the code user to understand, with built-in cut sheets with applicable codes to assist. LOCATION Bee Cave, Texas DATES Complete: June 2022 REFERENCE Lindsey Oskoui Assistant City Manager 4000 Galleria Parkway Bee Cave, Texas 78738 512-767-6677 loskoui@beecavetexas.gov TEAM MEMBERS • Chance Sparks: Project Manager • Alexis Garcia: Urban Planner LINK Bee Cave UDC Unified Development Code City of Georgetown FNI is currently updating and rewriting the City of Georgetown's UDC. The project includes evaluating the UDC, providing guidance and recommendations on the most appropriate approach for making improvements and addressing identified deficiencies and challenges, developing a modern and updated UDC, and leading outreach and public engagement efforts. The result is a comprehensively updated and streamlined UDC fully aligned with the community's needs. The UDC features plain -English language choice and the deployment of regulatory graphics to convey requirements more clearly and improve the user experience. A diagnostic report is prepared following initiation involving: • An audit of development processes • Alignment to adopted plans and state and federal requirements • Best practices and expectations alignment • Assessment of user -friendliness • Technical review • Economic/housing cost impact of current practices This diagnostic report informs a work plan in which relevant topical areas deliver the draft UDC in modules. A full consolidated draft is then developed and carried through the approval process. Throughout the effort, FNI is leading various engagement efforts, including staff coordination, Council/Commission workshops, advisory committee workshops, stakeholder meetings, public open houses in in -person and virtual formats, and creating an interactive project website. LOCATION Georgetown, Texas DATES October 2022 - Present REFERENCE Sofia Nelson Planning Director 113 East 8th Street Georgetown, Texas 78627 512-931-7611 sofia.nelson@georgetown. org TEAM MEMBERS • Chance Sparks: Project Manager • Alexis Garcia: Assistant Project Manager LINK Currently in Progress u PHILLY 77 Comprehensive Plan and Unified Development Code City of McAllen FNI was engaged to prepare a progressive, innovative comprehensive plan and reform McAllen's development regulations into a UDC concurrently to the plan effort. Public involvement was an equity -centered, highly -transparent approach to accessing the planning process, using a combination of in -person and virtual engagement tools that function well in a multi-lingual environment. The community in McAllen can be disengaged and hard to reach, so the public input process focused on connecting with residents and showing them how their input into the plan impacts their everyday lives and rallying them around a strong city-wide vision. From the engagement process, a vision and set of guiding principles highlight the role of McAllen and regional coordination, particularly in the international border context and economy. The land use element utilized a scenario -based approach, emphasizing outcomes, consequences and tradeoffs of different approaches. Growth and transportation recommendations emphasized the role that development patterns play in public health outcomes and access to opportunity for residents. Additional recommendations LOCATION McAllen, Texas DATES October 2021 - Present REFERENCE Edgar Garcia Director of Planning 1300 West Houston Avenue McAllen, Texas 78501 956-681-1250 edgar.garcia@mcallen.net TEAM MEMBERS • Chance Sparks: Project Manager 4101:/ around economic resilience and housing identified ways to bridge the gaps between Currently in progress the community vision and market direction, focusing on enhancing the vitality of communities and quality -of -life of existing residents while celebrating McAllen's heritage. All elements are distilled into an implementation plan, focused on outcome metrics, specific actions and other measurable efforts to chart an effective course for McAllen's future and providing an accountability mechanism for the community. A diagnostic analysis of McAllen's regulatory environment was included, and a concurrent phase of work seeks to fast -track implementation by revising McAllen's Unified Development Code to be in alignment with the intent of the Comprehensive Plan. This operationalizes the policies and actions identified in the Comprehensive Plan, emphasizing streamlined processes, accessible language and use of thoughtful graphics to convey regulatory standards and incentives. Client Comp/Small Downtown Parks/ Codes/ W/WW I On -call ArPA Plan Trails Reaulations Services City of Alvarado City of Balch Springs City of Bee Cave City of Big Spring • City of Bonner Springs, KS • • 1 • • • • • • • City of Brownsville City of Buda City of Burleson • • • • • City of Canyon • • • City of Cedar Park • • • • City of Cleburne • City of Corinth • • • • City of Desoto • • • City of Duncanville • • • City of Edmond, OK • • • • City of El Paso • • City of El Reno, OK • City of Fredericksburg • • • • City of Frisco • • • • • City of Georgetown • • City of Granbury • • • City of Hutto • • • 1 • City of Kilgore • • • City of Las Cruces, NM • City of Longview • • • • • City of McAllen • • City of Midlothian • • • • City of Odessa • • City of Pflugerville • • • City of Port Arthur • • • • City of Portland • • • City of Red Oak • • • • • • City of Richland Hills • • • • • City of Rowlett • • • City of Runaway Bay • • • City of Seguin • • • • City of Victoria • • Cooke County • Fannin County • Hunt County • Kaufman County Oklahoma County, OK Rockwall County Tarrant County Town of Prosper • • Town of Sunnyvale • • • • • • • • • III Detailed project descriptions provided on previous pages for highlighted rows. Item 16. i Focused on Sustainability FNI demonstrates a comprehensive approach to sustainability in all of our work. Through our focus on sustainable initiatives, we strive to satisfy present needs, while preserving the ability of future generations to meet their own needs. It encompasses everything we do, as a company and for our clients, from technical projects to corporate processes, so we can be responsible stewards of our community, environment and finances. We do this by... Creating more livable, enjoyable communities Designing systems with reduced future maintenance Improving community mobility Encouraging the selection of environmentally friendly building materials Improving water quality through best management practices City of Pearland I Update of Unified Development Code Freese and N Page 128 F EXPERIENCE 21 years EDUCATION BS, Geography - Urban and Regional Planning, Texas State University MPA, Urban and Environmental Planning, Texas State University REGISTRATION Fellow, American Institute of Certified Planners, #022822 CNU-Accreditation, Congress For The New Urbanism PROFESSIONAL AFFILIATIONS Congress For The New Urbanism, Accredited Member American Planning Association, Member American Planning Association, Texas Chapter, Past President Chance Sparks FAMP, CNU-A Principal -in -Charge I QA/QC Chance Sparks is experienced in planning and implementation, city management, public 55% involvement, process development and management, comprehensive and strategic planning. Availability Chance also leads parks -related planning and tourism, neighborhood planning, downtown and corridor planning, demographic and economic analysis, development regulations, visioning, historic preservation, annexation/growth policy development and analysis. His experience in municipal and state -level planning, public engagement, design and implementation, coupled with experience in city management and operations, gives him exceptional insight into community needs and capacity as someone who has carried plans beyond adoption and into reality. RELEVANT PROJECT EXPERIENCE Comprehensive Plan and Unified Development Code I City of McAllen Project Manager Comprehensive plan and UDC update based on best practices in Texas, encompassing the city limits and extraterritorial jurisdiction. Unified Development Code I City of Bee Cave I Project Manager Cohesive, consistent and streamlined UDC. The project was separated into two phases: diagnostic analysis of the current code, including outreach and stakeholder coordination, and preparation of a new UDC. It featured reforms to support mixed -use and greater housing options, coupled with carefully crafted performance criteria for environmental design. Unified Development Code I City of Brownsville I Project Manager UDC prepared by combining zoning regulations, subdivision regulations and a variety of supplemental regulations into a coordinated, modern, progressive set of standards. The goal was to streamline processes and clarify standards for increased understanding, with a strong emphasis on using graphics to convey regulations due to the cross -border, bilingual nature of the local development industry and local community. Unified Development Code I City of Georgetown I Project Manager Update and rewrite of the City's UDC. Tasks include providing guidance and recommendations on the most appropriate approach for code improvements, addressing identified code deficiencies and challenges, and leading outreach and public engagement efforts. Unified Development Ordinance I City of Victoria I Project Manager Innovative UDC in which the resulting regulations did not require a zoning map, instead relying upon market influences, bulk standards and other development standards to achieve Victoria's desire to support redevelopment and more productive new development alongside updates to all other development regulations. EXPERIENCE 12 years EDUCATION MArch, Urban and Suburban Design, The University of Houston BA, Government and History, The University of Texas at Austin REGISTRATION American Institute of Certified Planners, American Planning Association, #34501 Envision Sustainability Specialist, Institute for Sustainable Infrastructure, #52836 PROFESSIONAL AFFILIATIONS American Institute of Architects Houston Chapter, Member American Planning Association Texas Chapter, Member * Prior to joining FNI Ryan Slattery AICP, ENV SP Project Manager, Unified Development Code Ryan Slattery is an experienced project manager and urban planner with a focus on building equitable 70% resilience for diverse communities. In addition to comprehensive plans, his experience includes code Availability modernization (construction and infrastructure design), sustainable design, affordable housing, redevelopment, public engagement and strategic planning. Ryan brings experience as community organizer, policy advisor and project manager with positions in both the private and public sectors. Prior to joining FNI, Ryan worked as a resilience planner where he leveraged the disaster recovery process to advance comprehensive resilience strategies. Ryan has worked with federal, state and local agencies with a focus on building future resilience. RELEVANT PROJECT EXPERIENCE Standardized Infrastructure Resilience Assessments* I Harris County I Program Manager Harris County is developing a baseline of current resilience activities, developing initial indicators of resilience and identifying vulnerabilities related to a shock or stress — in this case: flooding. Focus will be placed on overlaps/gaps in assets, projects or programs as well as vulnerabilities between each department's core flood resilience functions. Flood Resilience Plan Framework* Harris County I Program Manager Planning an equitable flood resilience strategy that develops short-, mid- and long- term strategies while supporting internal planning with a focus on future resilience. Project Prioritization Framework* Harris County I Program Manager Harris County's equitable prioritization framework confirms current or future projects prioritize vulnerable communities. Neighborhood Resilience Plans* I City of Houston I Project Manager Resilience planning helps communities prepare for, withstand and recover from significant shocks and stresses. Houston's Neighborhood Resilience Planning (NRP) creates communities that can adapt and thrive when facing challenges, including natural disasters, economic challenges, or to improve other social services or initiatives. Comprehensive Construction Code Modernization* I City of Houston Project Manager Construction Codes —and their consistent and timely updating and enforcement — verify the health and safety of buildings, their functions and the communities they serve. By staying current in our building codes, we can help our citizens protect their homes and businesses providing safety and greater economic security. LEED for Cities and Communities Certification (Gold)* I City of Houston Project Manager LEED for Cities helps City departments mine the data needed to benchmark current efforts, as well as the data needed to accurately quantify progress against specific goals and objectives. All of the combined information helps to prioritize and adjust comprehensive plans and initiatives —across a broad range of categories. EXPERIENCE 22 years EDUCATION Master of City and Regional Planning, Land Use and Physical Planning, University of Texas at Arlington MPA, Economic Development and Planning, University of Texas at Arlington BA, Government, University of Texas at Austin REGISTRATION American Institute of Certified Planners, #023037 Daniel Harrison AICP Senior Advisor/Quality Control Daniel Harrison is a Senior Urban Planner and an experienced Project Manager with long-range planning experience, such as visioning, and current planning experience, such as development codes. His primary responsibilities include comprehensive planning, current planning, public participation and population projections for a range of client types, including cities, counties and school districts. Daniel is also the creator of FNI's model for developing modern zoning and subdivision ordinances. He creates development regulations that are practical, user-friendly, clear and conducive to quality land development. Daniel's extensive comprehensive planning experience provides him with a realistic understanding of implementing a community's vision through development ordinances. RELEVANT PROJECT EXPERIENCE Select List of Comprehensive Plans/Updates • City of Allen City of Colleyville City of Midwest City • City of Andrews City of Copperas Cove City of Mount Vernon • City of Bee Cave City of Desoto City of Murphy • City of Balch Springs City of Fredericksburg City of Oak Point • City of Big Spring City of Friendswood City of Plano • City of Brady City of Frisco City of Port Lavaca • City of Bryan City of Glen Rose City of Portland • City of Burleson City of Gun Barrel City of Quinlan • City of Canton City of Heath City of Richland Hills • City of Cedar Hill City of Hudson Oaks City of Sealy • City of Cedar Park City of Irving • Town of Sunnyvale • City of Center • Town of Little Elm • City of Waxahachie • City of Choctaw • City of Melissa • City of Willow Park Select List of Development Regulations • City of Balch Springs City of Fredericksburg City of Midland • City of Brady City of Frisco City of New Braunfels • City of Buda City of Garland City of Port Arthur • City of Celina City of Glen Rose Town of Prosper • City of Corinth City of Gonzales City of Red Oak • City of Desoto City of Haslet City of Richland Hills • Town of Fairview Town of Highland Park • Town of Sunnyvale Other Experience • Population Facilities Population and Facilities • Mobility Plan, Collin Projections, Argyle ISD Projections, Cedar Hill County ISD EXPERIENCE 3 years EDUCATION Master of Urban Planning, University of Illinois at Urbana -Champaign BA, Planning, Maulana Azad National Institute of Technology REGISTRATION American Institute of Certified Planners, #35798 PROFESSIONAL AFFILIATIONS American Planning Association, Member Shubhangi RathorAICP Unified Development Code Shubhangi Rathor is an FNI urban planner in the firm's Urban Planning + Design Group. She has experience with community engagement, land use and transportation planning, and housing analysis. 45% Availability Shubhangi has been responsible for the development of maps, graphics, layouts, and research for reports and public involvement materials. Shubhangi is well -versed in ArcGIS and uses interactive mapping tools for spatial analysis. She has experience working on multiple comprehensive plans for towns and counties. RELEVANT PROJECT EXPERIENCE Unified Development Ordinance I City of Victoria I Planner Innovative UDC in which the resulting regulations did not require a zoning map, instead relying upon market influences, bulk standards and other development standards to achieve Victoria's desire to support redevelopment and more productive new development alongside updates to all other development regulations. Unified Development Code I City of Georgetown I Planner Update and rewrite of the City's Unified UDC. Tasks include providing guidance and recommendations on the most appropriate approach for code improvements, addressing identified code deficiencies and challenges, and leading outreach and public engagement efforts. This analysis and feedback will inform the development of a modern and updated UDC. Comprehensive Plan and Unified Development Code I City of McAllen Planner Comprehensive plan and UDC update based on best practices in Texas, encompassing the city limits and extraterritorial jurisdiction. City of Abilene Development Regulations I City of Abilene I Urban Planner Rewrite of the City's land development code, including zoning ordinance and subdivision regulations. The project will include drafting new regulations and a new zoning map, along with a development regulations manual to assist users navigate the document and the City's permit application process. Comprehensive Plan, Annexation Services, Unified Development Ordinance Update and Impact Fees I City of Portland I Planner Completed a major update to the City of Portland's comprehensive plan, which was prepared concurrently with a series of annexations, expanding the City's municipal boundaries and ETJ by 5 miles and creating new economic development and future growth opportunities. The plan addresses future development in this new expansion area and strategies for infill development with the City's core. Other key issues addressed in the plan include citywide park master planning, the incorporation of "Missing Middle" and affordable housing, and multimodal transportation options. EXPERIENCE 6 years EDUCATION BS, Bioenvironmental Sciences, Texas A&M University Caroline Stewart AlCP Unified Development Code Caroline Stewart is an FNI Urban Planner in the firm's Urban Planning + Design Group. Her experience 35% includes comprehensive planning, zoning and subdivision ordinances, permit review, staff and Availability stakeholder coordination, and public engagement. Caroline previously served as an Assistant City Planner for the City of Benbrook and interned for the Texas Commission on Environmental Quality in the Air Permits Division. RELEVANT PROJECT EXPERIENCE Unified Development Ordinance I City of Victoria I Planner FNI prepared an innovative unified development ordinance in which the resulting regulations did not require a zoning map, instead relying upon market influences, bulk standards and other development standards to achieve Victoria's desire to support redevelopment and more productive new development alongside updates to all other development regulations. Processes were streamlined, and engagement featured unique methods aligned with feedback methods to the expertise of the audiences. Unified Development Code and Design Criteria Manual Update I City of Hutto I Planner FNI is updating the City's UDC and design criteria manual. The engineering criteria includes drainage, utility, transportation and green infrastructure elements. The UDC includes residential districts and zoning practice issues, parking reform and regulatory incentives to support plan - preferred outcomes. Comprehensive Plan and Unified Development Code Update I City of Tomball I Planner FNI is developing a comprehensive plan amendment and updated development regulations. Concurrent with this process, the City is conducting water and wastewater master plans, drainage master plans, impact fee updates and a parks, recreation and open space master plan. Comprehensive Plan and Unified Development Code I City of McAllen Planner FNI is preparing a comprehensive plan and unified development code update based on best practices in Texas, encompassing the city limits and extraterritorial jurisdiction. Rockdale Comprehensive Plan and Parks Plan I City of Rockdale I Planner FNI is preparing a comprehensive plan consistent with state and national best practices and will involve engagement with residents and other stakeholders to produce a community vision that is then supported by an updated plan and other related plans. PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC. FOR THE CREATION OF A UNIFIED DEVELOPMENT CODE This Agreement for Professional Engineering Services, hereinafter called "Agreement," is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called "Town," and Freese and Nichols, Inc., a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called "Consultant," relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the "Parties." WITNESSETH: WHEREAS, Town desires to obtain professional engineering services in connection with the Creation of a Unified Development Code, hereinafter called "Project"; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant's services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Three Hundred Twenty Four Thousand Eight Hundred Forty Two Dollars ($324,842) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub -consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town's Obligations. Town agrees that it will (i) designate a specific person as Town's representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant's work for Town, (iv) make prompt payments in response to Consultant's statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town's representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant's services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer's personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer's compensation shall be equitably adjusted to reflect any difference in Engineer's costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY'S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Freese and Nichols, Inc. Town of Prosper Chance Sparks, FAICP, CNU-A, Principal Mario Canizares, Town Manager 1251 Sadler Dr., Building 1, Suite 1150 PO Box 307 San Marcos, TX 78666 Prosper, TX 75078 chance.sparks@freese.com mcanizares@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non -binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 to recover its reasonable costs and attorney's fees (including its reasonable costs and attorney's fees on any appeal). 19. "Anti -Israel Boycott" Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the day of , 20 FREESE AND NICHOLS, INC. TOWN OF PROSPER, TEXAS By: UBy: Signature Chance Sparks, FAICP, CNU-A Printed Name Principal/Vice President Title Date Signature Mario Canizares Printed Name Town Manager Title Date PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 EXHIBIT "A" SCOPE OF SERVICES TOWN OF PROSPER CREATION OF A UNIFIED DEVELOPMENT CODE I. PROJECT DESCRIPTION Freese and Nichols, Inc. (Engineer) has met with the Town and determined the scope of work and the services to be rendered. The general description of the work shall be as follows. A. As further described below, the Town of Prosper, TX (Client, Town) is engaging Freese and Nichols, Inc (Engineer, Consultant) to develop an updated Unified Development Ordinance, consistent with standards, procedures and best management practices in Texas. Execution of the contract by all parties shall constitute a notice to proceed. Tasks prepared as part of this planning effort may occur concurrently or sequentially where appropriate, or in some cases may deviate from the sequence shown in this Scope of Services document. II. BASIC SERVICES Consultant will deliver the features associated with this project. The deliverables shall include the following. Task 1: Project Management and Quality Control Perform general project management and control project quality, progress and budget for the scoped period of completion, including the Consultant's monthly reporting and invoicing requirements, monthly status meetings with the Town, and similar efforts. Deliverables: a. Project schedule, updated as needed b. Monthly one -page reports and invoices Task 2: Engagement and Meetings Consultant will prepare an engagement plan for approval by the Town, consistent with the following: 1. Staff Check -In Meetings The Consultant will meet with Town staff periodically throughout the project to discuss project progress, key action items and responsibilities, and the project schedule. These meetings will take place through standing conference calls (typically every two weeks) to be determined by the Client and the Consultant. The project's progress and status will also come through submitted monthly status updates that summarize progress and PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 document upcoming tasks. The monthly status updates will outline any upcoming key decisions which will require input from or discussion with the Town. 2. Project Initiation A conference call or virtual meeting with key project team staff from the Town will take place at the beginning of the project to familiarize all parties with the scope, project schedule, project kick-off, data request needs and timing, invoicing, communication and key staff, and other significant considerations advantageous to understand prior to the kick-off. 3. Kick-off Meeting and Tour On an initial trip (Trip 1), hold the following meetings: • Kick-off Meeting and Tour: Attend one (1) kick-off meeting in -person with the Town. The purpose of the meeting will be to build upon discussions of the staff initiation conference call. Consultant would seek to engage in conversations with Town staff who can provide specific insights into the development process and standards. Immediately following the Kick-off Meeting, participate in one (1) tour of the Town to discuss specific development -related issues in spatial context to conversations about the Town's regulations and design criteria. Summary of Task 2 Trips: • The consultant will make one (1) trip as part of the total project effort, included in the base fee. The consultant may elect to take additional trips as deemed necessary, with those costs included in the base fee. Task 3: Project Initiation, Form, Outline and Code Analysis 1. UDO Work Plan Prepare and finalize a project work plan/outline based on incorporating, updating, or rewriting the current UDO: a. Chapter 3, Article 3.02 — Construction Board of Appeals b. Chapter 3, Article 3.03 — Certificate of Occupancy c. Chapter 3, Article 3.13 — Floods and Drainage d. Chapter 3, Article 3.14 — Signs e. Chapter 3, Article 3.19 — Fence Regulations f. Chapter 3, Article 4.02 — Alcoholic Beverages (related to proximity to certain uses) g. Chapter 4, Article 4.09 — Special Events and Temporary Outdoor Seasonal Sales h. Chapter 4, Article 4.11 — Single -Family Dwelling Transient Rentals i. Chapter 10, Article 10.01 — Subdivision Regulation General Provisions j. Chapter 10, Article 10.03 — Subdivision Ordinance k. Chapter 14 — Zoning Additionally, the following will be consulted for potential inclusion, cross-reference, or PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 conflict -avoidance, as deemed appropriate with Town staff: a. Chapter 3 — Building Regulations b. Chapter 5, Article 5.03 — Fire Code c. Chapter 6, Article 6.06 — Irrigation Systems d. Chapter 13, Article 13.08 — Right -of -Way Management e. Chapter 13, Article 13.12 — Stormwater Management This scope of services does not include preparation of engineering design/technical criteria or standard specifications, or preparation of a new zoning map. FNI can provide such services as an additional service. Within one (1) month of the notice to proceed, the Town will provide a redline of existing regulations identifying issues or desired changes, or diagnostic analysis and evaluation in support of this scope of work. The Consultant will review all articles for internal document consistency, state regulatory consistency, and best practices, as well as proposed edits to document format, naming conventions, and overall layout. 2. Diagnostic of Current Regulations Produce a high-level code diagnostic and analysis report to lay the foundation for revising the existing regulations. The diagnostic report will be used to guide the creation/update of the UDO. It is important that consensus is reached on the recommended changes and approach to streamline the ordinance writing process. The diagnostic report will be in memorandum/report format, which will summarize the issues and recommended changes to the existing regulations, informed by the direction of the Comprehensive Plan. This will include development of a recommended UDO organizational structure and annotated outline. Task 4: Preparation of the UDO Consultant shall undertake preparation of the Unified Development Ordinance based upon the findings of the Town staff diagnostic evaluation, and other inputs to achieve a UDO that is implementable, internally consistent, and aligned to the Town's vision. 1. Module Drafting Process The process for creating the development regulations will be divided into several distinct parts (modules) to allow for focused and topical discussion between Town Staff and Consultant. Town Staff is responsible for providing one set of consolidated comments for each part, with conflicting comments either resolved or identified for a facilitated comment resolution conversation. 2. Module Draft Review Process a. FNI will prepare a drafting schedule, establishing regulatory content by module. b. FNI will prepare one working draft for each of module. FNI will provide a brief (approximately one hour) virtual orientation session to introduce each module to Town Staff. c. One set of consolidated comments from Town Staff within 14 calendar days of PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 receipt of the working draft. After written comments have been provided, FNI and Town Staff will hold a virtual call (approximately one to two hours, as needed) to review City Staff's comments and direction. Consultant will complete one revision following receipt of review comments, which will be included in the Full Discussion Draft. 3. Full Discussion Draft a. Based on Town Staff comments and revisions to the module draft reviews, Consultant will prepare a Discussion Draft. b. Consultant will deliver the discussion draft to the Town, with Town staff providing one review within 14 calendar days of receipt. Consultant will edit as necessary. 4. Public Draft a. Consultant will provide a pdf copy to the Town and post for public review. b. Consultant will review all comments with Town Staff and address as necessary to prepare a Final Draft for adoption consideration. 5. Final Draft and Adoption a. Consultant will provide a Final Draft to the Town. b. The Town will be responsible for coordinating, paying for, and ensuring public advertisements are done appropriately for UDO adoption. c. Consultant will provide an as -adopted UDO following adoption, incorporating changes that occurred at adoption. Deliverables: • Project deliverables include all electronic files in Microsoft Word and Adobe PDF formats to edit and reproduce the development regulations. III. SPECIAL SERVICES The following services are not included in the above fee, but are available as additional special services. It is understood the use of these services would require an amendment or separate authorization. IV. ITEMS NOT INCLUDED IN THE EXISTING SCOPE OF SERVICES: Additional Services not included in the existing Scope of Services — Town and Consultant agree that the following services are beyond the Scope of Services described in the tasks above. However, Consultant can provide these services, if needed, upon the Town's written request. Any additional amounts paid to the Consultant as a result of any material change to the Scope of the Project shall be agreed upon in writing by both parties before the services are performed. These Additional Services include the following: PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 A. Printing and binding of documents in addition to those identified in Article II will be billed in accordance with the rates outlined in Exhibit B. Consultant, following a request for assistance from the Town, will prepare an estimate for approval by the Town prior to initiating work. B. Making revisions to drawings or other report documents when such revisions are 1) not consistent with approvals or instructions previously given by Town or 2) due to other causes not solely within the control of Consultant. C. Meeting or trips in excess of the number of meetings included in Article I I for coordination meetings, public meetings or other activities. Additional meetings requested by the Town in excess of those included in Article II will be billed hourly in accordance with the rates outlined in Exhibit B. Examples of common additional meetings and trips include, but are not limited to: a. Stakeholder Meetings: One (1) day of stakeholder meetings in -person (trip). If held virtually, up to 8 hours of virtual meetings. Consultant would seek to engage in conversations with external ordinance user experts, as identified by the Town. b. Planning Board Workshop: In -person workshop (trip) with the Planning and Zoning Commission to gain perspectives from their perspective regarding development regulations and challenges with the current ordinance during the diagnostic phase. c. Open House: An Open House Event (trip) would take place with the completion of the full draft to seek feedback and response. The draft would be published to a platform supportive of public comments. d. Hearing/Adoption Meetings: A meeting (trip), planned as a joint public hearing of the Planning and Zoning Commission and Town Council would take place. The Town is responsible for necessary notice publication and distribution. Consultant will advise on content. D. Preparation or revisions to application forms and checklists. E. Preparation or revisions to the adopted development fee schedule. F. Preparation or revisions to engineering criteria manuals, development manuals, or engineering design/construction details. Engineering standards currently codified in the list described in Task 3.1 are included, provided that the Town provides specific revision requests. G. Preparation or revisions to the zoning map, such as zoning map amendments. H. Preparation of water, wastewater or drainage master plans, or updates to other adopted plans. I. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications, including MPO PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 applications. J. Preparing data and reports for assistance to Town in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. K. Revisions, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. L. Providing basic or additional services on an accelerated time schedule. This includes cost for overtime wages of employees and Consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the Town. M. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. N. Providing document revisions in excess of those outlined in Article II. V. DELIVERABLES: As described in Article II, above. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC. FOR THE CREATION OF A UNIFIED DEVELOPMENT CODE Lump sum fee of $324,842 shall be billed monthly based on the percentage of completion. TIME OF COMPLETION: Consultant is authorized to commence work on the Project upon execution of this Agreement and agrees to complete the basic services Discussion Draft: six (6) months from notice to proceed Public Draft: fourteen (14) calendar days after receipt of comments/edits from Town Staff Final Draft for Adoption Consideration: (14) calendar days after receipt of comments/edits from Town Staff The duration of the contract is twelve (12) months from the notice to proceed in order to provide any necessary support during the adoption phase. If Consultant's services are delayed through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Town or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this Agreement and will be based upon rates outlined in Exhibit B, Attachment CO. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 COMPENSATION ATTACHMENT CO Compensation to FNI for Basic Services in Attachment SC shall be the lump sum of Three Hundred Twenty FaurThausand Eight Hundred Forty Two dollars (5324,8421- If FNI sees the Scope of Services Banging so that Additional Services are needed, in€luding but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding- Additional Services shall be computed based an the following Sclheduleof Charges. Pusiupn Hourly Rate Professional 1 131 Professional 2 16D Professional 3 179 Professional 4 206 Professional 5 241 Professional s 275 Construction Manager 1 113 Construction Manager 2 140 Construction Manager 3 152 Construction Manager 191 Construction Manager 5 230 Construction Managers 262 Construction Representative 1 101 Construction Representative 2 113 Construction Representative 3 140 Construction Representative 4 152 CAD Technician/designer L 111 CAD Technician/Designer 2 143 CAD Technician/designee 3 177 Corporate Project Support 1 106 Corporate Project Support 2 128 Corporate Project Support 3 170 Intern / Coop 55 Rates far In -House Services and Equipment mikage Bulk Printingand Reproduciion E;quipnrent standard IRS Rakes B&W Color valve crew vehicle ihovr) $75 small Fom7at [per€opyl $0.10 $0.25 Pressure data Logger [ea€hf $.5W Techrwlogyr Charge large Format {per sq. ft.) water quality Meter;per day) $100 >S.50per hour Band $0.25 $D.75 Microscope Iea€h[ $1W Glossy J War $0.75 $1.25 Ut•asonicThickness Guage(per doyl $275 Vinyl {,adhesive $1.50 $2.00 Goating Inspection Kit ;per day) $275 Flushing/ Giactor beach) $500 Mounting Iper sq.ft-f $2.00 Backpack Electrofisher (each) $1,000 Binding per binding) $0.25 Sonneyr Grade Standard Drone I per day) $20G $1W GPSIper day) $150 $50 CITHER DIRECT EKPENSE5: Other direct expenses are reimbursed at actual cost times a multiplier of 1.05- They indude ou side printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including msts of laboratory analysis, test, and other work required to be done by independent persons other than staff members these services will be billed at a oast times a multiplerof 1.05- For Resident Representative services performed by non-FNI employees and CAD services performed In- house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0- This markup approximates the cost to FNI if an FNI employee was performing the same or similar services - These ranges and/or rates will be adj usred annually in February. Last u pdated 202L PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. "Occurrence" form only, "claims made" forms are unacceptable, except for professional liability. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers' Liability Insurance. Automobile Liability as required by the State of Texas, covering all owned, hired, or non -owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations Broad Form Contractual Liability Products and Completed Operations Personal Injury e. Broad Form Property Damage Workers Compensation and Employer's Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer's Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non -owned autos. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF -INSURED RETENTIONS Any deductible or self -insured retentions in excess of $10,000 must be declared to and approved by the Town. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 13 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as "Additional Insured's" relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider's insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider's insurance and shall not contribute with it. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. The provider's insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured's limits of liability. Workers Compensation and Employer's Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non -renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. Professional Liability and / or Errors and Omissions: "Claims made" policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best's rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 14 EXHI&T D CONFLICT OF INTEREST AFFIDAVIT PROFESS IMAL E NG INEERI NO SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER. TEXAS, A14D FREESE AND NIC HOLS, INC, FOR THE CREATION OF A UNI FI E D DEVELOPME NT CODE THE STATE OF TEXAS COUNTY OIF C h SlnCe Sparks , a merr Der of the Consultant team, make this affl'&Y$ and hem on -oalh slate the following: ., ardor a penxl or persons related to me, have the following interW in a business enitty that would be affeded by the work or decision on the Pf*d {Check III that apply); Omiarship of 10% or more of the voling snares of the latminm efly, O~ wP*ip of M,000.00 or alone of the fair marW value of the busImm en tky, Funds *ml from the buainegs eniify-weed 110%of my Income for the previous year. Real propertf is Invoh ed, and I have an equireble cr legal omemhqp vMh a fair maft wallue of ak IeasL $25,000.�O_ A relallve of mo* rm 50sianlial inheres] in the business erllity or property iha! wautd to aff tad by my n(Aica of the pubic body of whch I a n a member. Other None ed Lhe Abme. Upon filing this aTidavil uith the Town of Pr . Texas, I luriher affirm thal no relative of mitts, in the G,1 degree by anwQulnlhyor Wwtyt, as defirmod in Chapter 573of the Texas GDvemn*nt Code, is a member of the public body whkh took apign on the agreement. Signed tt day of :SJ49 Signature of Official f T& BEFORE ME, the undeesigred ar.rthxity, thi,' Oy persona y, appeared arrd M oath stated thal the Fects here.inabove AaW am true to the best -of his I her knowledge or belie . �+ Sworn'D and s,jbscn d before me on ilrs—atm ay of + QDM M EDRM Q Nctiq puck, Star af Too my . E�'2�•2o2s ID Fb 195s6-� Notary Public in and for the SWe of Texas Myr Commission axoroV _ ',I,P PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 15 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE CONFLICT OF INTEREST QUESTIONNAIRE FORM C1� Fof Wdor Wrol Kksilpe" *11h locml gmmmmmmi an111•y Thin qu"6annnlrt wllmglg 4phfY*rplf M440 14 tim 4m Do KIL 97, e41rt Lag.. iftgalar 9aruan. C LOSE amy -I Is quvAxna ra i5 t7" 25dLn W=OjM rr 14 mfh Ch"r 576. ILul aW"-arr. 2-Wa, t* a%-"aal who uLIr IlwwWW: Fa& a 4usanr:s raWw" as d~ bp S'tin 47);40rrk-c -i- n Iosrsl Rmm-mlrinl o tr i'yC 11rr mr6x rrmIs qKprr,nim," unCW 9qCbM IM[WA G� By Lao, Lys -p-imkix mbrl q"I I* MId Tffpi UW rraw4dynaI 41or 01 tho bcal gorommiwil ■nlrt nOl fW Uw the IIt husa ass CIA rtlor 1ha dW iW vwam r+IGW N WMa rl Iz?s Ihat rmWce We slaNffwM- Lo bi tied #a aacton r 15 09'6ia-IL 6-010 UiP' 4mNF rp Lsaft. 4L WW'1W ! Wd-" 011'&rdrrie I *rn *erda IvWMVf MlADdrs 5ac6m 17LOW. L&W 1 CN*. An o%ma urdo, ;rta satrgn k g rr*o"grcy Nomrtcdvandar who No* Ffewm and Nkhol#. Mr.- {.'bkK%h!bMRi*jamfiling gnup s4giF;*�Iwlfrly�IIIedgLlEtlltwvrmlr�fThN wraspsastralktruiilaanLrp&*W camoolpd quglFdprmuw wllh Ire apWDprala Mrq A rkA!ry no! 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Ww dran hrwswrom Irr¢prrr�, rrrprp rK al the d radiQ 1 1I 4-rtr 1-1 p"rmrwrl -oifkx+ br a hrm), mambor d 1h* 001 ANU Wo GiXahIG Ifr00rm Is not Gan 1he �pcat' Ac�j& 1f1r' Mid oo ft'y F— YOU D N7 Desr:ribe amh omplay rmem or business relnrlionshipd�t Ifllp �4� PAMpbd ifi 3MIicn i metirl ns mA ip k im 01her bumrwks anlirry with r"paal to w11lr:h Me fkrcd gawrarrnk 4rem mons4 4i m Wilikar w dWsehar,. w Mlar` * do vwnarehip irrl MSj 04 ON p m*m or mar*. Oj Chwrk914WAnft4i hum ghmM1fpkWmLg' nk@Moor[r4k%-iiy"mbwvlslealrkwon$ceM&Mgphx at ftwYbM in gmff n t76-Kqa� 0 B1. a ira119 g1M8 datCr6W in $pb-m 176.Mor1 k 6 .2024 Ri1 sm 17"N% PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 16 PRLOWN OF SPER A Place Where Everyone Matters To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Preliminary FY 2024-2025 Budget Town Council Meeting — August 13, 2024 FINANCE Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Discuss and consider the submission of the Preliminary Fiscal Year 2024-2025 Budget. Description of Agenda Item: In accordance with the Town Charter, the referenced documentation completes the Town Manager's submission of the Preliminary Budget and Budget Message for Fiscal Year 2024-2025. The FY 2024-2025 Preliminary Budget, including the Budget Message from the Town Manager, was submitted to the Town Council under separate cover. Town Staff Recommendation: Town staff has submitted the FY 2024-2025 Preliminary Budget and Budget Message under separate cover to the Town Council for review. Page 1 of 1 Page 150 PRLOWN OF SPER A Place Where Everyone Matters To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: 2024 Certified Appraisal Roll Town Council Meeting — August 13, 2024 FINANCE Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance establishing the tax year 2024 Certified Appraisal Roll. Description of Agenda Item: Section 26.04 of the Texas Tax Code mandates that a taxing unit's assessor "shall submit the appraisal roll for the unit showing the total appraised, assessed, and taxable values of all property and the total taxable value of new property to the governing body of the unit by August 1 or as soon thereafter as practicable." The roll lists all taxable property and values within the Town limits for tax year 2024, fiscal year 2024-2025. The Town will also be required to approve the tax roll after the property tax rate is set. There are four main parts to the property tax system. First, the Denton Central Appraisal District (DCAD) and the Collin Central Appraisal District (CCAD) set the value of the property within Prosper each year. Second, the Appraisal Review Boards (ARB's) settle any disagreements between the taxpayers and the appraisal districts about the value of property. Third, by contract the Collin County Tax Collector's Office performs tax collection for the Town. The Office also calculates the no -new -revenue tax rate and voter -approval tax rate required by state law. The total freeze adjusted taxable value on the tax year 2024, fiscal year 2024-2025, appraisal roll, including estimated values under protest, is $9,622,101,595, which is 15.44% higher than last year. The total value before the freeze adjustment is $10,476,474,806. Fourth, once the tax rate is approved, the Town will be able to begin collecting its tax year 2024 tax levy (i.e., property tax revenue). These funds will be used to cover operating and maintenance expenses as well as debt service. Page 1 of 2 Page 151 Legal Obligations and Review: Item 18. Terrence Welch of Brown & Hofineister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Proposed Ordinance Town Staff Recommendation: Town Staff recommends that the Town Council approve the ordinance establishing the tax year 2024 Certified Appraisal Roll. Proposed Motion: I move to approve the ordinance establishing the tax year 2024 Certified Appraisal Roll. Page 2 of 2 Page 152 TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-xx AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, APPROVING THE 2024 APPRAISAL ROLL; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Central Appraisal District (DCAD) and the Collin Central Appraisal District (CCAD) prepare the certified appraisal rolls and rolls under protest of the taxable property in the Town of Prosper, Texas (Town); and WHEREAS, the Town uses the certified appraisal rolls and rolls under protest received from the DCAD and CCAD to calculate the tax rate and rollback tax rate applicable to taxable property in the Town; and WHEREAS, approval by the Town of the certified appraisal roll is required by state law as an integral part of the Town's ability to levy and collect property taxes. 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 determinations of the Town and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The Town Council hereby approves the certified total taxable (before freeze loss) value on the 2024 appraisal roll of the Town in the amount of $10,476,474,806 assessed valuation, based on the certified appraisal rolls and rolls under protest as approved by the Appraisal Review Boards of the DCAD and the CCAD. SECTION 3 Any and all ordinances, resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of the conflict herewith. SECTION 4 If any section, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof by any persons or circumstances is held invalid in any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and, the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Page 153 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF TO , ON THIS 13TH DAY OF AUGUST, 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Ordinance No. 2024-xx, Page 2 Page 154 From: Terry Welch To: Whitney Rehm Subject: [*EXTERNAL*] - RE: 2024 Certified Appraisal Roll Agenda Item Date: Thursday, August 8, 2024 6:32:38 PM Attachments: imaae001.wQ imaae002.ono ***** This is an email from an EXTERNAL source. DO NOT click links or open attachments without positive sender verification of purpose. Never enter USERNAME, PASSWORD or sensitive information on linked pages from this email. ***** Looks good! Thanks, Terry From: Whitney Rehm <wrehm@prospertx.gov> Sent: Thursday, August 8, 2024 9:52 AM To: Terry Welch <twelch@bhlaw.net> Subject: 2024 Certified Appraisal Roll Agenda Item Terry, For your review. Thank you! Whitney Rehm Budget Officer & Grants Administrator 250 W. First Street Suite 307, Prosper, Texas 75078 T: 972.569.1015 C: 214.548.7564 w re h m (a) p ro s p e rtx. g o y rrosnertx.gov Confidentiality notice: This email and any files accompanying its transmission are intended only for the recipient to whom it was addressed. This email may contain information that is legally privileged, confidential, or exempt from disclosure under applicable law. If you are not the intended recipient, be advised that the unauthorized use, disclosure, duplication, distribution, or the taking of any action in reliance on this information is strictly prohibited. If you have received this in error, please notify the sender by return email and then remove it immediately from your system. • - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Please be aware. :This email originated from a mailbox outside of your organization. Page 155 PRLOWN OF SPER A Place Where Everyone Matters To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: No -New -Revenue & Voter -Approval Tax Rates Town Council Meeting — August 13, 2024 FINANCE Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon accepting submission of the tax year 2024, fiscal year 2024-2025, no -new -revenue tax rate of $0.466941 per $100 taxable value, voter -approval tax rate of $0.522075 per $100 taxable value, and preliminary property tax rate of $0.505000 per $100 taxable value. Description of Agenda Item: State law requires municipalities to submit to their governing boards and publish in a local newspaper a notice showing their no -new -revenue and voter -approval tax rates and the notice - and -hearing limit for the upcoming fiscal year. The no -new -revenue rate will produce the same amount of tax revenue if applied to the same properties in both years. The voter -approval rate is the highest tax rate the Town can set without holding an election to seek voter approval of the rate. All taxing units that levied property taxes in tax year 2023, fiscal year 2023-2024, and intend to levy them in tax year 2024, fiscal year 2024-2025, must calculate a no -new -revenue tax rate and a voter -approval tax rate. Although the actual calculation is more detailed, the Town's no -new - revenue tax rate is generally equal to the prior year's taxes divided by the current taxable value of properties that were also on the tax roll in the prior year. The no -new -revenue tax rate is intended to enable the public to evaluate the relationship between taxes for the current year and taxes that a proposed tax rate would produce if applied to the same properties taxed in both years. The voter -approval tax rate is split into two separate components: an operating and maintenance rate and a debt rate. The voter -approval rate calculation allows municipalities to raise 3.5 percent of the prior year's operating and maintenance money, plus the necessary debt rate. State law also requires municipalities to publish the no -new -revenue tax rate and a voter -approval tax rate, and to hold one public hearing if the proposed tax rate exceeds the lower of the no -new - Page 1 of 2 Page 156 revenue or voter -approval tax rate. Because the Town's higher than the no -new -revenue tax rate of $0.466941, the hearing on the tax rate. Attached Documents: 1. 2024 Tax Rate Calculation Worksheet preliminary tax rate of $0.505000 is Item 19. Town is required to hold one public Town Staff Recommendation: Town Staff recommends that the Town Council accept the submission of the tax year 2024, fiscal year 2024-2025, no -new -revenue tax rate of $0.466941 per $100 taxable value, voter -approval tax rate of $0.522075 per $100 taxable value, and preliminary property tax rate of $0.505000 per $100 taxable value. Proposed Motion: I move to accept the submission of the tax year 2024 no -new -revenue tax rate of $0.466941 per $100 taxable value, voter -approval tax rate of $0.522075 per $100 taxable value, and preliminary property tax rate of $0.505000 per $100 taxable value. Page 2 of 2 Page 157 PRLOWN OF SPER A Place Where Everyone Matters To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Proposed FY 2024-2025 Property Tax Rate Town Council Meeting — August 13, 2024 FINANCE Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a proposed fiscal year 2024-2025 Property Tax Rate. Description of Agenda Item: This agenda item is to set the proposed tax rate to publish for consideration. According to Section 26.05(d) of the Property Tax Code, the Town is required to hold one public hearing and publish a newspaper ad if proposing to consider a tax rate that exceeds the no -new -revenue rate or voter - approval rate, whichever is lower. The rate the Town finally adopts can be lowerthan the proposed and published rate, but it cannot exceed it without undergoing the required posting requirements and timeframes. This item requires a record vote. Budget Impact: Cost to publish the notice is budgeted, if required. Town Staff Recommendation: Town Staff recommends that the Town Council propose a rate of $0.505 per $100 in valuation. If making your motion according to staffs recommendation, please use the following: Proposed Motion: I move to place a proposal to adopt a fiscal year 2024-2025 tax rate of fifty and a half cents ($0.505) per one hundred dollars ($100) of valuation on the August 13, 2024, Town Council agenda. Page 1 of 1 Page 158 PRLOWN OF SPER A Place Where Everyone Matters To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager FINANCE Re: Scheduling a Public Hearing on the FY 2024-2025 Proposed Budget Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon scheduling a public hearing on the fiscal year 2024-2025 Proposed Budget. Description of Agenda Item: Chapter 102 of the Texas Local Government Code requires the Town to hold a public hearing on the proposed budget and publish the notice for this meeting in addition to the notice required under Truth in Taxation guidelines. September 10 is a regular meeting date of the Town Council. This date meets the Public Hearing requirements of the Local Government Code. Given the timelines for publishing in the Prosper Press, staff will be submitting the notice of the public hearings on the proposed budget to print in the September 1 Frisco Enterprise. Budget Impact: Funding to cover the cost of publishing the notice is budgeted in the Town Secretary's office. Town Staff Recommendation: Town Staff recommends the Town Council schedule a public hearing on the fiscal year 2024-2025 Proposed Budget for September 10, 2024. Proposed Motion: I move to schedule a public hearing on the fiscal year 2024-2025 Proposed Budget for September 10, 2024, at 6:15 p.m., with the meeting taking place in the Council Chambers of Prosper Town Hall, located at 250 W First St, Prosper, TX. Page 1 of 1 Page 159 TOWN OF PROSPER NOTICE OF PUBLIC HEARING Notice is hereby given that the Prosper Town Council will conduct one Public Hearing on the proposed Fiscal Year 2024-2025 Town of Prosper Annual Budget. The Public Hearing will be held at a Regular Meeting on Tuesday, September 10, 2024, at 6:15 p.m. in the Council Chambers of Prosper Town Hall, 250 W. First Street, Prosper, Texas. This budget will raise more total property taxes than last year's budget by $5,926,328, or 14.33%, and of that amount, $4,395,771 is tax revenue to be raised from new property added to the tax roll this year. Anyone wishing to speak either FOR or AGAINST the proposed Fiscal Year 2024- 2025 Annual Budget is invited to attend the Public Hearing and voice his/her opinion. For further information, contact the Finance Director, Town of Prosper, 250 W. First Street, Prosper, Texas, or by telephoning 972-569-1009. /s/ Michelle Lewis Sirianni, Town Secretary (To be published in the Frisco Enterprise on Sunday, September 1, 2024) Page 160 PRLOWN OF SPER A Place Where Everyone Matters To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager FINANCE Re: Scheduling public hearing on the proposed Fiscal Year 2024-2025 tax rate Town Council Meeting — August 13, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon scheduling a public hearing on the proposed fiscal year 2024-2025 tax rate. Description of Agenda Item: Section 26.05(d) of the Texas Property Tax Code requires taxing entities to hold one public hearing and publish newspaper ads before adopting a tax rate that exceeds the lower of the voter -approval tax rate ($0.522075) or the no -new -revenue tax rate ($0.466941). The Town is proposing a tax rate of $0.505000 per $100 of valuation. Section 26.06(d) of the Texas Property Tax Code states the governing body may vote on the proposed tax rate at the public hearing. If the governing body does not vote on the proposed tax rate at the public hearing, the governing body shall announce at the public hearing the date, time, and place of the meeting at which it will vote on the proposed tax rate. Section 26.06(e) of the Texas Property Tax Code states that a meeting to vote on the tax increase may not be held later than the seventh day after the date of the public hearing. Due to this limitation, we are requesting to hold the public hearing and vote on the tax rate on September 10, which is a regular meeting date of the Town Council. A hearing on this date satisfies tax code requirements. Budget Impact: There is no budgetary impact affiliated with this item. Town Staff Recommendation: Town Staff recommends that the Town Council schedule a public hearing on the proposed tax rate for September 10, 2024. Page 1 of 2 Page 161 Item 22. Proposed Motion: I move to set the public hearing on the proposed tax rate for September 10, 2024, at 6:15 p.m., with the meeting taking place in the Council Chambers of Prosper Town Hall, located at 250 W. First St, Prosper, TX. Page 2 of 2 Page 162