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09.10.24 Town Council Regular Meeting Packet
Page 1 of 4 ] Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Proclamation declaring September 17 through September 23, 2024, as Constitution Week. (MLS) CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, September 10, 2024 6:15 PM Page 1 Page 2 of 4 2. Consider and act upon the minutes from the August 27, 2024, Town Council Work Session meeting. (MLS) 3. Consider and act upon the minutes from the August 27, 2024, Town Council Regular meeting. (MLS) 4. Consider acceptance of the July 2024 monthly financial report. (CL) 5. Consider and act upon an ordinance amending Division 3, “Community Engagem ent Committee,” of Article 1.04, "Boards, Commissions, and Committee” within Chapter 1 of the Town’s Code of Ordinances by amending Section 1.04.039, "Number of Members". (MLS) 6. Consider and act upon approving an update to the Library Policies. (RB) 7. Consider and act upon adopting the FY 2024-2025 Prosper Economic Development Corporation Budget. (MM) 8. Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. (HW) 9. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between CP&Y, Inc. dba STV Infrastructure, and the Town of Prosper, Texas, related to the design of the Teel Parkway (First - Freeman) - 2 SB Lanes project for $806,740.30. (PA) 10. 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) 11. Consider and act upon the appointment of a Municipal Judge, and authorize the Mayor to execute an agreement for same. (JJ) CITIZEN COMMENTS The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Comment Request Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one individual appointed to speak on their behalf. All individuals yielding their time must be present at the meeting, and the appointed individual will be limited to a total of 15 minutes. REGULAR AGENDA: Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the Council for items listed as public hearings will be recognized when the public hearing is opened. [If you wish to address the Council, please fill out a “Public Comment Request Form” and present it to the Town Secretary, preferably before the meeting begins.] Items for Individual Consideration: 12. Conduct a public hearing to receive public input, consider such input, and consider and act upon an ordinance adopting the Fiscal Year (FY) 2024-2025 Annual Operating and Page 2 Page 3 of 4 Capital Project Funds budgets and five-year Capital Improvement Program for the fiscal year beginning October 1, 2024, and ending September 30, 2025. (CL) 13. Conduct a public hearing to consider and act upon an ordinance adopting a tax rate of $0.505 per $100 valuation for fiscal year 2024-2025. (CL) 14. Ratifying the property tax increase in the budget for fiscal year (FY) 2024-2025. (CL) 15. Consider and act upon approving an ordinance to adjust Water & Wastewater Rates. (CL) 16. Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain properties for right-of-way and easements for the construction of the Coleman Street (Gorgeous – Talon) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appr aiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. (HW) 17. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters including the review of the Municipal Judge and all matters incident and related thereto. 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, Downtown Advisory Committee, and the Bond 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 Page 3 Page 4 of 4 Friday, September 6, 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 Page 1 of 2 ] Call to Order/ Roll Call. The meeting was called to order at 5:05 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 Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Dan Baker, Parks and Recreation Director David Hoover, Development Services Director Hulon Webb, Engineering Director Chris Landrum, Finance Director Tony Luton, Human Resources Director Todd Rice, Communications Director Leigh Johnson, IT Director Harold Keith, IT Manager Stuart Blasingame, Fire Chief Items for Individual Consideration 1. Receive an update regarding Raymond Community Park. (DB) Mr. Baker provided an update regarding the additional design and construction services related to the development, the bid alternate items list, and delays experienced thus far. Mr. Baker also noted the items the Finance and CIP Subcommittee have reviewed and prioritized based on available funds, and the next steps being taken with the project. Chris Squadra, Partner with Peak Program Value, LLC spoke to the construction and ongoing services with the Town regarding the project. The Town Council discussed the costs associated with the project, the allocation of additional funds to the bid alternate list, and if any cost savings have been incurred. MINUTES Prosper Town Council Work Session Prosper Town Hall – Council Chambers 250 W. First Street, Prosper, Texas Tuesday, August 27, 2024 Page 5 Item 2. Page 2 of 2 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 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. 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, Downtown Advisory Committee, and the Bond Committee, and all matters incident and related thereto. Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated with any agenda item. The Town Council recessed into Executive Session at 5:49 p.m. Reconvene into Work Session. The Town Council reconvened into the Work Session at 6:12 p.m. No action was taken. Adjourn. The meeting was adjourned at 6:12 p.m. These minutes were approved on the 10th day of September 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 2. Page 1 of 5 ] 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 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 Chris Landrum, Finance Director David Hoover, Development Services Director Suzanne Porter, Planning Manager Hulon Webb, Engineering Director Dan Baker, Parks and Recreation Director Leigh Johnson, IT Director Harold Keith, IT Manager Eric Men, Help Desk Technician II Carrie Jones, Public Works Director Mary Ann Moon, Economic Development Director Tony Luton, Human Resources Director Todd Rice, Communications Director Doug Kowalski, Police Chief Scott Brewer, Assistant Police Chief Aidan Daily, Crime Analyst Stuart Blasingame, Fire Chief Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Greg Jones with Rock Creek Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Reeves made the following announcements: Join us for a public Town Hall meeting regarding the fiscal year 2024-2025 Preliminary Budget on Thursday, August 29 at 6:00 p.m. in the Council Chambers. Town staff will provide a presentation MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, August 27, 2024 Page 7 Item 3. Page 2 of 5 and will be available for questions. Those unable to attend may watch live at prospertx.gov/livemeetings. Reminder that Town Hall Offices will be closed on Monday, September 2 for the Labor Day Holiday. There will be no delays in trash services and will run as normally scheduled. The Prosper Community Library seeks feedback for the 2024 Master Library Plan. Residents are encouraged to take a few moments to complete a survey and share their insights. A link to complete the survey may be accessed on the homepage of the Town’s website. Join us on Wednesday, September 11 at 9 a.m. for a day of remembrance. This community event will take place at Prosper Fire Rescue Central Station located at 911 Safety Way. Carter BloodCare will be onsite from 7:30 a.m. to 6:00 p.m. for anyone wishing to donate. The Prosper Economic Development Corporation is hosting the next Prosper Exchange on Thursday, September 19 at 6:00 p.m. The topic “The Role of Educational Policy” will explore vital issues facing the public education system. There is no fee to attend, but residents are asked to register by visiting prosperedc.com. CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda at the request of Council Members or staff. 1. Consider and act upon the minutes from the August 13, 2024, Town Council Regular meeting. (MLS) 2. Consider and act upon the minutes from the August 20, 2024, Town Council Special meeting. (MLS) 3. Consider and act upon the minutes from the August 22, 2024, Town Council Special meeting. (MLS) 4. Consider and act upon Resolution 2024-57 approving a negotiated settlement between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division regarding the company’s 2024 rate review request. (CL) 5. Consider and act upon approval of an estimated total spend of $142,660 for various annual operational purchases for the Information Technology Department during FY 2024 from SHI Government Solutions, Inc. (LJ) 6. Consider and act upon approving the purchase of additional CAD/RMS licenses associated with new positions in the amount of $72,855 from ICS Public Safety and authorizing the Town Manager to execute documents for the same. (LJ) 7. Consider and act upon approval of Amendment Eighteen to the Interlocal Agreements between Collin County and the Town of Prosper for Animal Sheltering Services and Animal Control Services; and authorizing the Town Manager to execute the same. (DH) 8. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Halff Associates, Inc., and the Town Page 8 Item 3. Page 3 of 5 of Prosper, Texas, related to the design of the Prosper Trail (Coit-Custer) – 2 WB Lanes project for $763,000. (PA) 9. Consider and act upon authorizing the Town Manager to execute a Wastewater Line Construction Costs Reimbursement Agreement between H-E-B, LP, and the Town of Prosper, Texas, related to the construction of a portion of the Upper Doe Branch Wastewater Line on the H-E-B property for $186,996. (HW) 10. Consider and act upon authorizing the Town Manager to execute an amendment to a Professional Services Agreement with Peak Program Value, LLC, for additional project control services related to the development of Raymond Community Park in the amount of $64,390. (DB) 11. Consider and act upon approval of an amendment to a Professional Services Agreement with Dunaway Associates, LLC, for additional design and construction administration services related to the development of Raymond Community Park in the amount of $61,000. (DB) Mayor Bristol requested to pull item 4. Deputy Mayor Pro-Tem Bartley motioned to approve consent agenda items 1 through 3 and 5 through 11. Councilmember Reeves seconded the motion. Motion carried unanimously. Item 4: Mayor Bristol requested to replace the word ‘City’ with ‘Town’ within the resolution. Councilmember Hodges made a motion to approve item 4 subject to corrections within the resolution. Mayor Pro-Tem Ray seconded the motion. Motion carried unanimously. CITIZEN COMMENTS Jack Dixon, 810 Long Valley Ct, expressed concern for the safety of the children crossing the street by Boyer Elementary due to the school traffic. Bruce Carlin, expressed his frustration on the speed and the noise of the trucks traveling on Prosper Trail. Inesh Somasundaram, 1601 Sante Fe Lane, requested the Town Council to install a cross walk or signal at Preston Road and Coleman to allow for students to cross more safely to the high school. Items for Individual Consideration: 12. Conduct a public hearing to consider and act upon Ordinance 2024-58 amending Article 2, Division 13 – Multifamily District; Article 4, Division 4, Section 4.4.3 – Non-Residential and Multifamily Parking Provisions; and Article 4, Division 8 - Non-Residential & Multifamily Design and Development of the Town of Prosper Zoning Ordinance to modify Multifamily development standards. (ZONE-24-0019) (DH) Mr. Hoover introduced the item by providing a history of the proposed amendment and modifications to the ordinance. The Planning and Zoning Commission unanimously recommended approval with a modification to allow the cladding of the garage to match Page 9 Item 3. Page 4 of 5 the façade when the garage is not fully wrapped by residential units. Staff recommends approval. The Town Council discussed parking provisions, density requirements, height requirements, and having appropriate setbacks for emergency vehicles. Mayor Bristol opened the public hearing. Jack Dixon, 810 Long Valley Ct, inquired about establishing building height requirements. Mr. Hoover commented the heights could vary from three (3) stories to eight (8) stories depending on the location and what would be permissible based on the Planned Development (PD). Mayor Bristol closed the public hearing. Councilmember Andres made a motion to approve Ordinance 2024-58 amending Article 2, Division 13 – Multifamily District; Article 4, Division 4, Section 4.4.3 – Non- Residential and Multifamily Parking Provisions; and Article 4, Division 8 - Non- Residential & Multifamily Design and Development of the Town of Prosper Zoning Ordinance to modify Multifamily development standards. Councilmember Hodges seconded the motion. Motion carried unanimously. 13. Consider and act upon the approval of a budget transfer in the amount of $2,007,000 to amend Raymond Community Park GMP 2 to construct an irrigation well, expand the park irrigation system, and fund additional prioritized bid alternate items. (DB) Mayor Pro-Tem Ray made a motion to table indefinitely the approval of a budget transfer in the amount of $2,007,000 to amend Raymond Community Park GMP 2 to construct an irrigation well, expand the park irrigation system, and fund additional prioritized bid alternate items. Councilmember Reeves seconded the motion. Motion carried unanimously. 14. Discuss and consider Town Council Subcommittee reports. (DFB) Legislative Committee: Councilmember Andres noted they are reviewing the TML docket for any upcoming key priorities they would like to strategize for the upcoming Legislative session. Downtown Advisory Committee: Councilmember Kern noted the committee made recommendations for the downtown monumentation and associated projects. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Deputy Mayor Pro-Tem Bartley requested a timeline on when staff would begin to replant dead trees, etc., and how landowners would be notified. 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. Page 10 Item 3. Page 5 of 5 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 BFS Real Estate LLC, et al., v. Town of Prosper, et al., pending in the 471st 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. The Town Council recessed into Executive Session at 7:04 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 9:19 p.m. No action was taken. Adjourn. The meeting was adjourned at 9:20 p.m. These minutes were approved on the 10th day of September 2024. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 11 Item 3. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: July 2024 Monthly Financial Report Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the July 2024 monthly financial report. Description of Agenda Item: The Town Charter requires the submission of monthly financial reports to the Town Council. In summary, both revenues and expenditures are within the expected ranges and no unexpected events have occurred that require significant changes in original projections. The attached monthly financial report for July 2024 was prepared in the old format. This format is not particularly “user friendly” and staff is looking to reformat the monthly financial reports after the ERP software conversion. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Monthly Financial Report – July 31, 2024 Town Staff Recommendation: Town staff recommends Town Council vote to accept submission of the monthly financial report for the period July 2024 in compliance with the requirements of the Town Charter. Proposed Motion: I move to accept the July 2024 Monthly Financial Report in compliance with charter requirements. FINANCE Page 12 Item 4. MONTHLY FINANCIAL REPORT as of July 31, 2024 Cash/Budgetary Basis Prepared by Finance Department August 27, 2024 Page 13 Item 4. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 2024 Table of Contents General Fund 3 General Fund Charts 4 - 7 Crime Control and Prevention Special Purpose District 8 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 9 TIRZ #1 - Blue Star 10 TIRZ #2 11 Debt Service Fund 12 Special Revenue Fund 13 Park Dedication and Improvement Fund 14 East Thoroughfare Impact Fees Fund 15 West Thoroughfare Impact Fees Fund 16 Water Impact Fees Fund 17 Wastewater Impact Fees Fund 18 Impact Fee Chart 19 Vehicle and Equipment Replacement Fund 20 Health Insurance Fund 21 Water-Sewer Fund 22 - 23 Water-Sewer Fund Charts 24 - 26 Storm Drainage Utility Fund 27 Solid Waste Fund 28 Solid Waste Fund Chart 29 Capital Projects Fund-General 30 - 31 Capital Projects Fund-Water/Sewer 32 Page 14 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 21,146,121$ -$ 21,146,121$ 20,565,649$ -$ 580,472$ 97%1,3,5 23,641,123$ -13% Sales Taxes 11,091,492 - 11,091,492 9,230,981 - 1,860,511 83%8,233,975 12% Franchise Fees 3,221,816 - 3,221,816 2,519,207 - 702,609 78%2 2,189,623 15% Building Permits 3,700,000 - 3,700,000 3,747,678 - (47,678) 101%3,173,851 18% Other Licenses, Fees & Permits 2,180,050 - 2,180,050 1,451,009 - 729,041 67%8 1,772,538 -18% Charges for Services 1,296,023 - 1,296,023 1,244,180 - 51,843 96%1,049,078 19% Fines & Warrants 300,500 - 300,500 361,678 - (61,178) 120%331,169 9% Intergovernmental Revenue (Grants)37,840 - 37,840 129,986 - (92,146) 344%143,512 -9% Interest Income 750,000 - 750,000 857,829 - (107,829) 114%790,845 8% Miscellaneous 63,751 - 63,751 195,820 - (132,069) 307%115,231 70% Park Fees 814,100 - 814,100 568,471 - 245,629 70%9 491,922 16% Transfers In 1,297,102 6,084 1,303,186 1,080,918 - 222,268 83%1,029,446 5% Total Revenues 45,898,795$ 6,084$ 45,904,879$ 41,953,406$ -$ 3,951,473$ 91%42,962,313$ -2% EXPENDITURES Administration 9,991,267$ (53,954)$ 9,937,313$ 8,509,758$ 432,714$ 994,841$ 90%7 6,708,373$ 27% Police 9,595,898 411,208 10,007,106 7,992,091 926,763 1,088,253 89%7 5,608,023 43% Fire/EMS 10,562,840 (14,528) 10,548,312 8,898,048 121,067 1,529,196 86%7 8,107,339 10% Public Works 4,567,242 90,681 4,657,923 3,163,234 905,121 589,569 87%7 2,940,726 8% Community Services 7,486,803 (64,931) 7,421,873 5,566,915 834,246 1,020,712 86%7 4,568,398 22% Development Services 4,139,855 (559) 4,139,296 2,659,052 39,941 1,440,302 65%2,481,471 7% Engineering 2,684,047 15,613 2,699,660 2,120,096 17,480 562,085 79%2,133,020 -1% Transfers Out - 446,389 446,389 446,389 - - 100%4 5,835,364 -92% Total Expenses 49,027,952$ 829,920$ 49,857,872$ 39,355,582$ 3,277,332$ 7,224,958$ 86%38,382,714$ 3% REVENUE OVER (UNDER) EXPENDITURES (3,129,157)$ (823,836)$ (3,952,993)$ 2,597,824$ 4,579,599$ Beginning Fund Balance October 15,011,987 15,011,987 Ending Fund Balance 11,058,994$ 17,609,812$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise fees are paid quarterly or annually in arrears. 3 The negative change from prior year is due to the capital dedicated portion of the levy being recorded directly to the capital project fund. 4 Transfers Out consists of $122,500 for Downtown Streets & Alleys, $140,000 for Parks Master Plan & $183,889 for Downtown Improvements, to Capital Projects Fund. 5 2023 TIRZ annual payments reduced April property tax collections by $1.65M. 6 Fund Balance Contingency per Charter and Reserve for FY23 = $9,586,518 (21%). 7 Encumbrances, capital expeditures and annual payments that cover year-round services cause YTD percentages to show above the expected amount. 8 HB 3492 caused a change in municipal billings for inspection fees which resulted in a loss of revenue. 9 Funding for the NLC Dream Court did not go through the Town as originally budgeted. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% GENERAL FUND 3 Page 15 Item 4. $20,565,649 9,230,981 2,519,207 3,747,678 $23,641,123 8,233,975 2,189,623 3,173,851 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 4 Page 16 Item 4. 0 $- $1,000,000 $2,000,000 $3,000,000 $4,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 19/20 FY 20/21 FY 21/22 FY22/23 FY23/24 5 Page 17 Item 4. 97% 83% 78% 101% 67% 96% 344% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Intergovernmental Revenue (Grants) 0%100%200%300%400% GENERAL FUND YTD REVENUE % OF ANNUAL BUDGET 6 Page 18 Item 4. $49.858 $41.548 $39.356 $45.905 $38.254 $41.953 $- $10 $20 $30 $40 $50 $60 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures 7 Page 19 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,060,806$ -$ 3,060,806$ 2,481,367$ -$ 579,439$ 81%2,197,361$ 13% Interest Income 1,200 - 1,200 - - 1,200 0%(1,290) -100% Other - - - - - - 0%- 0% Total Revenue 3,062,006$ -$ 3,062,006$ 2,481,367$ -$ 580,639$ 81%2,196,071$ 13% EXPENDITURES Personnel 3,167,364$ -$ 3,167,364$ 2,464,192$ -$ 703,172$ 78%2,347,479$ 5% Other 1,200 - 1,200 9,955 - (8,755) 830%(5,462) -282% Total Expenditures 3,168,564$ -$ 3,168,564$ 2,474,147$ -$ 694,417$ 78%2,342,017$ 6% REVENUE OVER (UNDER) EXPENDITURES (106,558)$ -$ (106,558)$ 7,220$ (145,945)$ Beginning Fund Balance October 1 210,707 210,707 302,439 Ending Fund Balance Current Month 104,149$ 217,927$ 156,494$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 8 Page 20 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,060,806$ -$ 3,060,806$ 2,482,008$ -$ 578,798$ 81%2,195,114$ 13% Interest Income 600 - 600 3,654 - (3,054) 609%1,760 108% Other - - - - - - 0%- 0% Total Revenue 3,061,406$ -$ 3,061,406$ 2,485,662$ -$ 575,744$ 81%2,196,874$ 13% EXPENDITURES Personnel 3,026,823$ -$ 3,026,823$ 2,363,434$ -$ 663,389$ 78%2,180,833$ 8% Other 2,400 - 2,400 9,955 - (7,555) 415%(5,462) -282% Total Expenditures 3,029,223$ -$ 3,029,223$ 2,373,389$ -$ 655,835$ 78%2,175,371$ 9% REVENUE OVER (UNDER) EXPENDITURES 32,183$ -$ 32,183$ 112,274$ 21,503$ Beginning Fund Balance October 1 495,556 495,556 203,982 Ending Fund Balance Current Month 527,739$ 607,830$ 225,485$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SEPCIAL PURPOSE DISTRICT 9 Page 21 Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees -$ -$ -$ 80,996$ (80,996)$ 0%-$ 0% Wastewater Impact Fees 750,000 - 750,000 528,278 221,722 70%283,566 86% East Thoroughfare Impact Fees - - - 65,244 (65,244) 0%- 0% Property Taxes - Town (Current)1,108,174 - 1,108,174 1,108,174 0 100%810,076 37% Property Taxes - Town (Rollback)- - - 486,411 (486,411) 0%- 0% Property Taxes - County (Current)236,601 - 236,601 231,790 4,811 98%172,956 34% Sales Taxes - Town 1,372,209 - 1,372,209 972,230 399,979 71%763,126 27% Sales Taxes - EDC 1,149,225 - 1,149,225 814,242 334,983 71%639,118 27% Interest Income 6,000 - 6,000 119,833 (113,833) 1997%71,236 68% Transfer In - - - - - 0%- 0% Total Revenue 4,622,209$ -$ 4,622,209$ 4,407,197$ 215,012$ 95%2,740,078$ 61% EXPENDITURES Professional Services 6,000$ -$ 6,000$ -$ 6,000$ 0%-$ 0% Developer Rebate 4,616,209 - 4,616,209 - 4,616,209 0%3,607,318 -100% Transfers Out - - - - - 0%- 0% Total Expenses 4,622,209$ -$ 4,622,209$ -$ 4,622,209$ 0%3,607,318$ -100% REVENUE OVER (UNDER) EXPENDITURES -$ 4,407,197$ (867,240)$ Beginning Fund Balance October 1 989,032 989,032 301,260 Ending Fund Balance Current Month 989,032$ 5,396,229$ (565,980)$ July 31, 2024 Expected Year to Date Percent 83.33% TIRZ #1 - BLUE STAR TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT 10 Page 22 Item 4. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)39,537$ -$ 39,537$ 39,537$ (0)$ 100%33,061$ 20% Property Taxes - Town (Rollback)- - - 44,560 (44,560) 0%- 0% Property Taxes - County (Current)8,441 - 8,441 8,270 171 98%7,059 17% Sales Taxes - Town - - - 7,138 (7,138) 0%- 0% Sales Taxes - EDC - - - 7,138 (7,138) 0%- 0% Interest Income 1,200 - 1,200 2,965 (1,765) 247%1,363 118% Total Revenue 49,178$ -$ 49,178$ 109,608$ (60,430)$ 223%41,483$ 164% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Rebate 49,178 - 49,178 - 49,178 0%41,006 -100% Transfers Out - - - - - 0%- 0% Total Expenditures 49,178$ -$ 49,178$ -$ 49,178$ 0%41,006$ -100% REVENUE OVER (UNDER) EXPENDITURES -$ 109,608$ 478$ Beginning Fund Balance October 1 25,501 25,501 25,189 Ending Fund Balance Current Month 25,501$ 135,109$ 25,667$ TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% 11 Page 23 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ -$ 75,000$ 230,385$ -$ (155,385)$ 307%163,824$ 41% Property Taxes-Current 15,069,531 - 15,069,531 15,127,712 - (58,181) 100%1 13,118,364 15% Taxes-Penalties 40,000 - 40,000 61,813 - (21,813) 155%41,592 49% Interest Income 20,000 - 20,000 238,905 - (218,905) 1195%132,506 80% Transfer In - - - - - - 0%- 0% Total Revenues 15,204,531$ -$ 15,204,531$ 15,658,815$ -$ (454,284)$ 103%13,456,285$ 16% EXPENDITURES Professional Services -$ -$ -$ 2,500$ -$ (2,500)$ 0%-$ 0% Bond Administrative Fees 20,000 - 20,000 1,500 - 18,500 8%500 200% 2013 GO Refunding Bond 185,000 (185,000) - - - - 0%- 0% 2014 GO Debt Payment 335,000 - 335,000 - - 335,000 0%- 0% 2015 GO Debt Payment 1,365,700 - 1,365,700 1,365,700 - - 100%1,309,200 4% 2015 CO Debt Payment 475,000 - 475,000 475,000 - - 100%465,000 2% 2016 GO Debt Payment - - - - - - 0%- 0% 2016 CO Debt Payment 90,000 - 90,000 90,000 - - 100%80,000 13% 2017 CO Debt Payment 450,000 - 450,000 450,000 - - 100%85,000 429% 2018 GO Debt Payment 150,000 - 150,000 150,000 - - 100% 2 145,000 3% 2018 CO Debt Payment 500,000 - 500,000 500,000 - - 100%475,000 5% 2019 CO Debt Payment 340,022 - 340,022 340,022 - - 100%399,806 -15% 2019 GO Debt Payment 165,000 - 165,000 165,000 - - 100%160,000 3% 2020 CO Debt Payment 265,000 - 265,000 265,000 - - 100%255,000 4% 2021 CO Debt Payment 260,000 - 260,000 260,000 - - 100%245,000 6% 2021 GO Debt Payment 1,290,000 - 1,290,000 1,290,000 - - 100%1,225,000 5% 2022 GO Debt Payment 3,603,450 (2,633,450) 970,000 970,000 - - 100%1,890,000 -49% 2023 GO Debt Payment - 2,055,000 2,055,000 2,055,000 - - 100%- 0% 2023 GO Refunding Debt Payment - 175,000 175,000 175,000 - - 100%- 0% Bond Interest Expense 5,458,264 1,383,880 6,842,144 3,414,404 - 3,427,740 50%2,785,327 23% Total Expenditures 14,952,436$ 795,430$ 15,747,866$ 11,969,125$ -$ 3,778,740$ 76%9,519,832$ 26% REVENUE OVER (UNDER) EXPENDITURES 252,095$ (795,430)$ (543,335)$ 3,689,690$ 3,936,453$ Beginning Fund Balance October 1 1,330,265 1,330,265 2,619,367 Ending Fund Balance Current Month 786,930$ 5,019,955$ 6,555,820$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% DEBT SERVICE FUND 12 Page 24 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Police Donation Revenue 15,500$ -$ 15,500$ 16,947$ -$ (1,447)$ 109%20,357$ -17% Fire Donation Revenue 15,500 - 15,500 15,915 - (415) 103%12,944 23% Child Safety Revenue 28,000 - 28,000 13,894 - 14,106 50%4 13,725 1% Court Security Revenue 8,000 - 8,000 10,645 - (2,645) 133%9,777 9% Court Technology Revenue 7,500 - 7,500 8,773 - (1,273) 117%8,126 8% Municipal Jury revenue 150 - 150 214 - (64) 143%194 10% Tree Mitigation Revenue - - - 153,559 - (153,559) 0%1,238,694 -88% Police Seizure Revenue - - - 6,130 - (6,130) 0%11,122 -45% LEOSE Revenue 3,000 - 3,000 8,756 - (5,756) 292%2,416 262% CARES Act/ARPA Funding 6,102,367 (6,102,367) - - - - 0%- 0% Escrow Income - - - 167,514 - (167,514) 0%- 0% Interest Income 2,425 - 2,425 88,722 - (86,297) 3659%26,137 239% Interest Income CARES/ARPA Funds 180,000 - 180,000 110,528 - 69,472 61%187,371 -41% Transfer In - - - - - - 0%- 0% Total Revenue 6,362,442$ (6,102,367)$ 260,075$ 601,597$ -$ (341,522)$ 231%1,530,862$ -61% EXPENDITURES Police Donation Expense 26,872 - 26,872 2,229 23,880 763 97%3 17,842 -88% Fire Donation Expense 10,000 - 10,000 2,980 - 7,020 30%8,546 -65% Child Safety Expense 3,000 - 3,000 264 - 2,736 9%22,238 -99% Court Security Expense 16,860 - 16,860 - - 16,860 0%50 -100% Court Technology Expense 13,950 - 13,950 - - 13,950 0%- 0% Tree Mitigation Expense - - - - - - 0%- 0% Police Seizure Expense 12,995 - 12,995 867 - - 7%4,457 -81% LEOSE Expenditure 6,500$ -$ 6,500$ 3,955$ -$ 2,545$ 61%5,050$ -22% Transfer Out (ARPA Funds)6,348,861 (6,102,367) 246,494 - - 246,494 0%- 0% Transfer Out (Tree Mitigation Funds)- - - 200,000 - (200,000) 0%1 - 0% Transfer Out (Escrow Funds)- - - 167,514 - (167,514) 0%2 - 0% Total Expenses 6,439,038$ (6,102,367)$ 336,671$ 377,809$ 23,880$ (77,146)$ 119%9,507$ 3874% REVENUE OVER (UNDER) EXPENDITURES (76,596)$ -$ (76,596)$ 223,788$ 1,521,355$ Beginning Fund Balance October 1 2,353,529 2,353,529 567,535 Ending Fund Balance Current Month 2,276,933$ 2,577,317$ 2,088,890$ Notes 1 $200,000 for Lakewood Preserve project budgeted in Capital Projects Fund. 2 $167,514 for Windsong Escrow to Impact Fee Fund for Developer Reimbursement. 3 4 Child Safety Revenue collected quarterly. Encumbrance for capital equipment, a one-time purchase, does not follow expected percentage. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% SPECIAL REVENUE FUNDS 13 Page 25 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 300,000$ -$ 300,000$ 737,375$ -$ (437,375)$ 246%205,514$ 259% 60-4 Park Improvements 220,000 - 220,000 646,146 - (426,146) 294%144,000 349% Contributions/Grants - - - - - - 0%- 0% 60-4 Interest-Park Dedication 2,000 - 2,000 30,893 - (28,893) 1545%30,322 2% 60-4 Interest-Park Improvements 4,050 - 4,050 36,914 - (32,864) 911%27,837 33% Park Dedication - Transfers In - - - - - - - 0%- 0% Total Revenue 526,050$ -$ 526,050$ 1,451,329$ -$ (925,279)$ 276%407,674$ 256% EXPENDITURES Pecan Grove Park -$ 5,200$ 5,200$ 5,200$ -$ -$ 100%749,736$ -99% Capital Project 800,000 (800,000) - - - - 0%- 0% Land Acquisition 913,800 (913,800) - - - - 0%- 0% Transfers Out - 2,863,800 2,863,800 2,113,800 - 750,000 74%1 - 0% Total Expenses 1,713,800$ 1,155,200$ 2,869,000$ 2,119,000$ -$ 750,000$ 74%749,736$ 183% REVENUE OVER (UNDER) EXPENDITURES (1,187,750)$ (1,155,200)$ (2,342,950)$ (667,671)$ (342,062)$ Beginning Fund Balance October 1 2,316,978 2,316,978 Ending Fund Balance Current Month (25,972)$ 1,649,307$ Notes 1 $400,000 for Lakewood Preserve, $913,800 for Windsong Park land dedication, $50,000 Downtown Park/Broadway, $750,000 Windsong Park #3 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% PARK DEDICATION AND IMPROVEMENT FUNDS 14 Page 26 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 924,613$ East Thoroughfare Other Revenue - - - - Interest-East Thoroughfare Impact Fees 100,000 - 100,000 129,266 Total Revenues 1,300,000$ -$ 1,300,000$ 1,053,880$ EXPENDITURES Developer Reimbursements FM 1461 (SH289-CR 165)175,000$ 175,000$ -$ 175,000$ 77,074$ -$ 97,927$ -$ 97,927$ Cambridge Park Estates 250,000 250,000 - 250,000 182,610 - 67,390 - 67,390 Total Developer Reimbursements 425,000$ 425,000$ -$ 425,000$ 259,684$ -$ 165,317$ -$ 165,317$ Capital Expenditures Coit Road (First - Frontier)1,289,900$ -$ 367,540$ 367,540$ 48,763$ 312,776$ 6,000$ 925,776$ 2,585$ Impact Fee Study 47,187$ 50,000$ (2,813)$ 47,187$ -$ -$ 47,187$ 47,187$ Impact Fee Study 52,813 - 44,167 44,167 5,765 38,402 - 8,646 - Total Projects 1,389,900$ 50,000$ 408,893$ 458,893$ 54,528$ 351,179$ 53,187$ 934,422$ 49,772$ Transfer to Capital Project Fund - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 1,814,900$ 475,000$ 408,893$ 883,893$ 314,211$ 351,179$ 218,503$ 934,422$ 215,088$ REVENUE OVER (UNDER) EXPENDITURES 416,107$ 739,668$ Beginning Fund Balance October 1 2,551,734 2,551,734 Ending Fund Balance Current Month 2,967,841$ 3,291,402$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 EAST THOROUGHFARE IMPACT FEES FUND 15 Page 27 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES West Thoroughfare Impact Fees 4,000,000$ -$ 4,000,000$ 3,683,320$ West Thoroughfare Other Revenue - - - - Interest-West Thoroughfare Impact Fees 150,000 - 150,000 292,326 *Transfers In - - - 167,514 Total Revenues 4,150,000$ -$ 4,150,000$ 4,143,160$ EXPENDITURES Developer Reimbursements Parks at Legacy Developer Reimb 450,000$ 450,000$ -$ 450,000$ 308,063$ 141,937$ 141,937$ Star Trail Developer Reimb 1,500,000 1,500,000 - 1,500,000 - 1,500,000 1,500,000 Tellus Windsong Developer Reimb 571,668 571,668 - 571,668 - 571,668 571,668 Legacy Garden Developer Reimb 103,492 103,492 - 103,492 - 103,492 103,492 Westside Developer Reimb - - - - 69,468 (69,468) (69,468) Total Developer Reimbursements 2,625,160$ 2,625,160$ -$ 2,625,160$ 377,531$ -$ 2,247,629$ -$ 2,247,629$ Capital Expenditures Impact Fee Study 47,187$ 50,000$ (2,813)$ 47,187$ -$ -$ 47,187$ 47,187$ Impact Fee Study 52,813 - 44,167 44,167 5,765 38,402 - 8,646 - Fishtrap (Elem-DNT)300,000 300,000 - 300,000 - - 300,000 300,000 Teel - 380 Intersect - 300,000 (300,000) - - - - - Total Projects 400,000$ 650,000$ (258,646)$ 391,354$ 5,765$ 38,402$ 347,187$ 8,646$ 347,187$ Transfer to Capital Project Fund 300,000 - 300,000 300,000 300,000 - - Total Transfers Out 300,000$ -$ 300,000$ 300,000$ 300,000$ -$ -$ -$ -$ Total Expenditures 3,325,160$ 3,275,160$ 41,354$ 3,316,514$ 683,295$ 38,402$ 2,594,816$ 8,646$ 2,594,816$ REVENUE OVER (UNDER) EXPENDITURES 833,486$ 3,459,865$ Beginning Fund Balance October 1 4,678,905 4,678,905 Ending Fund Balance Current Month 5,512,391$ 8,138,770$ Notes *$167,514 Windsong Escrow From Special Revenue Fund for Developer Reimbursement. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 WEST THOROUGHFARE IMPACT FEES FUND 16 Page 28 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,250,000$ -$ 3,250,000$ 2,957,361$ Interest Income 200,000 - 200,000 317,399 Total Revenues 3,450,000$ -$ 3,450,000$ 3,274,760$ EXPENDITURES Developer Reimbursements Cambridge Park Estates -$ -$ -$ -$ -$ -$ -$ Parks at Legacy Developer Reimb 319,981 319,981 - 319,981 - 319,981 319,981 Star Trail Developer Reimb 412,192 412,192 - 412,192 - 412,192 412,192 Victory at Frontier Developer Reimb 128,471 128,471 - 128,471 15,282 113,189 113,189 Westside Developer Reimb 300,000 300,000 - 300,000 - 300,000 300,000 TVG Windsong Developer Reimb 1,020,000 1,020,000 - 1,020,000 - 1,020,000 1,020,000 Total Developer Reimbursements 2,180,644$ 2,180,644$ -$ 2,180,644$ 15,282$ -$ 2,165,362$ -$ 2,165,362$ Capital Expenditures 12" Water Line - DNT 200,000$ 24,250$ 58,393$ 82,643$ 27,286$ 7,903$ 47,454$ 133,107$ 31,704$ Lower Pressure Plane - 3,100,000 (3,100,000) - - - - - Lower Pressure Plane Easements 1,500,000 - - - - - - 95 1,499,905 Impact Fee Study 94,373 100,000 (5,627) 94,373 - - 94,373 94,373 Impact Fee Study 100,000 - 63,866 63,866 38,829 25,037 - 41,761 (5,627) Total Projects 1,894,373$ 3,224,250$ (2,983,367)$ 240,883$ 66,115$ 32,940$ 141,828$ 174,962$ 1,620,356$ Transfer to CIP Fund 3,100,000 - 3,100,000 3,100,000 3,100,000 - - - - Total Transfers Out 3,100,000$ -$ 3,100,000$ 3,100,000$ 3,100,000$ -$ -$ -$ -$ Total Expenditures 7,175,017$ 5,404,894$ 116,633$ 5,521,527$ 3,181,397$ 32,940$ 2,307,190$ 174,962$ 3,785,718$ REVENUE OVER (UNDER) EXPENDITURES (2,071,527)$ 93,363$ Beginning Fund Balance October 1 7,133,053 7,133,053 Ending Fund Balance Current Month 5,061,527$ 7,226,417$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 WATER IMPACT FEES FUND 17 Page 29 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 1,408,730$ Interest Income 100,000 - 100,000 153,342 Upper Trinity Equity Fee 300,000 - 300,000 246,000 Total Revenues 2,400,000$ -$ 2,400,000$ 1,808,072$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 222,502$ 222,502$ -$ 222,502$ -$ 222,502$ 222,502$ Prosper Partners Utility Developer Reimb 100,000 100,000 - 100,000 - 100,000 100,000 Frontier Estates Developer Reimb - - - - 21,774 (21,774) (21,774) LaCima Developer Reimb 150,000 150,000 - 150,000 9,030 140,970 140,970 Brookhollow Developer Reimb 152,146 152,146 - 152,146 262,446 (110,300) (110,300) TVG Windsong Developer Reimb 650,000 650,000 - 650,000 - 650,000 650,000 All Storage Developer Reimb 168,732 168,732 - 168,732 - 168,732 168,732 Legacy Garden Developer Reimb 86,711 86,711 - 86,711 33,805 52,906 52,906 Total Developer Reimbursements 1,530,091$ 1,530,091$ -$ 1,530,091$ 327,055$ -$ 1,203,036$ -$ 1,203,036$ Capital Expenditures Doe Branch Wastewater Lines 975,000$ 112,000$ 685,806$ 797,806$ 149,062$ 424,002$ 224,742$ 275,380$ 126,556$ Impact Fee Study 84,053 100,000 (15,947) 84,053 - - 84,053 84,053 Impact Fee Study 115,947 - 74,186 74,186 49,149 25,037 - 41,761 - Total Projects 1,175,000$ 212,000$ 744,045$ 956,045$ 198,210$ 449,039$ 308,795$ 317,141$ 210,609$ Transfer to CIP Fund - - - - - - - - Total Transfers Out -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 2,705,091$ 1,742,091$ 744,045$ 2,486,136$ 525,265$ 449,039$ 1,511,832$ 317,141$ 1,413,646$ REVENUE OVER (UNDER) EXPENDITURES (86,136)$ 1,282,807$ Beginning Fund Balance October 1 2,643,495 2,643,495 Ending Fund Balance Current Month 2,557,359$ 3,926,303$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 WASTEWATER IMPACT FEES FUND 18 Page 30 Item 4. WATER WASTEWATE R EAST THOROUGHF ARE WEST THOROUGHF ARE ANNUAL BUDGET $3,250,000 $2,000,000 $1,200,000 4,000,000 YTD ACTUAL $2,957,361 $1,408,730 $924,613 $3,683,320 % OF BUDGET 91%70%77%92% 91% 70% 77% 92% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 IMPACT FEE REVENUE YTD Actual to Annual Budget 19 Page 31 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Grant Revenue -$ -$ -$ -$ -$ -$ 0%-$ 0% Other Reimbursements 150,000 - 150,000 - - 150,000 0%- 0% Interest Income 250,000 - 250,000 237,276 - 12,724 95%146,723 62% Charges for Services 1,478,966 - 1,478,966 1,232,472 - 246,494 83%1,154,381 7% Total Revenue 1,878,966$ -$ 1,878,966$ 1,469,748$ -$ 409,218$ 78%1,301,104$ 13% EXPENDITURES Vehicle Replacement 772,500$ 248,374$ 1,020,874$ 236,659$ 716,790$ 67,425$ 93%1 137,570$ 72% Equipment Replacement 203,870 241,152 445,022 267,728 185,816 (8,522) 102%1 30,243 785% Technology Replacement 145,200 - 145,200 53,925 - 91,275 37%104,308 -48% Total Expenditures 1,121,570$ 489,525$ 1,611,095$ 558,311$ 902,606$ 150,178$ 91%272,121$ 105% REVENUE OVER (UNDER) EXPENDITURES 757,396$ (489,525)$ 267,871$ 911,436$ 1,028,983$ Beginning Fund Balance October 1 5,334,214 5,334,214 3,957,862 Ending Fund Balance Current Month 5,602,085$ 6,245,651$ 4,986,845$ Notes 1 Purchase orders for vehicle and equipment replacements are issued early in the year and reflect the entire year's expeditures. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% VEHICLE AND EQUIPMENT REPLACEMENT FUND 20 Page 32 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Health Charges 4,871,808$ -$ 4,871,808$ 3,752,161$ -$ 1,119,647$ 77%1 3,210,405$ 17% Miscellaneous 250,000 - 250,000 112,466 - 137,534 45%2 120,503 -7% Interest Income 5,000 - 5,000 28,914 - (23,914) 578%21,307 36% Total Revenue 5,126,808$ -$ 5,126,808$ 3,893,540$ -$ 1,233,268$ 76%3,352,215$ 16% EXPENDITURES Contractual Services 149,500$ -$ 149,500$ 116,011$ -$ 33,489$ 78%153,695$ -25% Employee Health Insurance 4,969,439 - 4,969,439 3,917,523 - 1,051,916 79%3,358,554 17% Total Expenditures 5,118,939$ -$ 5,118,939$ 4,033,533$ -$ 1,085,406$ 79%3,512,248$ 15% REVENUE OVER (UNDER) EXPENDITURES 7,869$ -$ 7,869$ (139,993)$ (160,034)$ Beginning Fund Balance October 1 389,018 389,018 552,615 Ending Fund Balance Current Month 396,887$ 249,026$ 392,581$ Notes 1 Health Charges are budgeted assuming full employment. 2 Pharmacy rebates occur at the end of the fiscal year. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% HEALTH INSURANCE FUND 21 Page 33 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 23,114,755$ -$ 23,114,755$ 14,843,995$ -$ 8,270,760$ 64%6, 9 14,034,341$ 6% Sewer Charges for Services 11,892,552 - 11,892,552 9,357,785 - 2,534,767 79%6 8,506,040 10% Licenses, Fees & Permits 377,705 - 377,705 372,908 - 4,797 99%348,323 7% Utility Billing Penalties 186,900 - 186,900 185,270 - 1,630 99%155,461 19% Interfund Principal Revenue - 77,089 77,089 51,168 - 25,921 66%7 - 0% Interest Income 350,000 - 350,000 428,132 - (78,132) 122%368,074 16% Other 3,494,342 (77,089) 3,417,253 590,403 - 2,826,850 17%2 520,862 13% Transfer In - - - - - - 0 - 0% Total Revenues 39,416,254$ -$ 39,416,254$ 25,829,662$ -$ 13,586,592$ 66%23,933,100$ 8% EXPENDITURES Administration 1,138,944$ -$ 1,138,944$ 899,285$ 26,055$ 213,603$ 81%862,233$ 4% Debt Service 4,609,584 - 4,609,584 2,164,788 - 2,444,796 47%1 1,701,906 27% Water Purchases 12,704,415 - 12,704,415 8,654,581 - 4,049,834 68%7,960,362 9% Sewer Management Fee 4,560,895 - 4,560,895 4,236,135 - 324,760 93%5 3,535,651 20% Franchise Fee 689,851 - 689,851 574,876 - 114,975 83%441,273 30% Public Works 8,226,657 13,800 8,240,457 5,858,781 905,084 1,476,593 82%5,550,370 6% Transfer Out 9,255,356 4,056 9,259,412 5,461,423 - 3,797,990 59%3 1,116,192 389% Total Expenses 41,185,702$ 17,856$ 41,203,558$ 27,849,868$ 931,140$ 11,982,816$ 70%21,167,987$ 32% REVENUE OVER (UNDER) EXPENDITURES (1,769,448)$ (17,856)$ (1,787,304)$ (2,020,207)$ 8 2,765,113$ Beginning Working Capital October 1 17,832,990 17,832,990 12,669,408 Ending Working Capital 16,045,686$ 15,812,783$ 15,434,521$ Notes 1 Annual debt service payments are made in February and August. 2 Other Revenue includes $3.0M budgeted for TxDOT reimbursement. 3 Transfers out consist of $2.0M - solid waste loan, $2.0M - DNT water line relocation, $400K - Wilson Creek, $75K - sewer replacement, and $887,780 - General Fund admin costs. 4 Minimum Ending Working Capital balance for FY23 = $8,278,513 (25%). 5 Sewer Management Fees are billed one month ahead of services. 6 Budget includes rate increase not imposed in the current year. 7 Loan payments started in May, will not follow expected percantage for first year. 8 The projected draw down on fund balance at year end is expected to be in line with the budgeted draw down on fund balance. 9 Water revenue for the year estimated to be $1.6M under budgeted amount. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% WATER-SEWER FUND 22 Page 34 Item 4. Jul-24 Jul-23 Growth % WATER SEWER WATER SEWER Change Four Year Cumulative # of Accts Residential 13,416 12,714 12,524 11,821 7.33%FY2024 FY2023 Average Average # of Accts Commercial 461 413 439 395 4.80%October 19,061 20,110 17,424 17,424 Consumption-Residential 305,562,160 90,834,460 213,013,480 79,329,020 35.59%November 10,540 11,190 11,104 28,528 Consumption-Commercial 32,187,220 17,393,440 31,393,550 15,581,260 5.55%December 8,003 6,273 7,256 35,784 Consumption-Commercial Irrigation 45,132,470 40,949,580 10.21%January 7,400 8,049 6,727 42,511 Avg Total Res Water Consumption 22,740 16,992 33.83%February 6,200 16,992 6,381 48,891 Billed ($) Residential 2,087,465$ 804,038$ 1,432,894$ 722,330$ 34.16%March 7,600 5,839 6,436 55,327 Billed ($) Commercial 303,969 157,073 290,497 128,313 10.08%April 8,900 10,053 9,333 64,660 Billed ($) Commercial Irrigation 414,512 - 374,457 - 10.70%May 9,510 14,092 12,345 77,005 Total Billed ($)2,805,946$ 961,112$ 2,097,848$ 850,643$ 27.76%June 10,310 14,281 13,323 90,328 July 22,740 16,992 17,885 108,212 August 23,095 23,040 131,252 September 26,836 19,429 150,681 TOTAL (gal)110,264 162,724 150,681 Avg. Temp (°F)# Rain Days FY2024 FY2024 FY2024 FY2023 Average Cumulative October 68°8 11.30 5.65 8.48 8.48 November 58°2 0.57 5.82 3.20 11.67 December 53°5 4.09 3.43 3.76 15.43 January 43°10 3.86 1.29 2.58 18.01 February 58°5 1.56 4.51 3.04 21.04 March 61°12 6.57 2.69 4.63 25.67 April 69°9 9.07 1.20 5.14 30.81 May 77°11 9.71 3.62 6.67 37.47 June 84°5 4.35 2.35 3.35 40.82 July 85°8 1.84 0.47 1.16 41.98 August 0.07 0.07 42.05 September 1.18 1.18 43.23 Annual 75.00 52.92 32.28 43.23 Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2023-10 Average Total Residential Water Consumption by Month RainfallMonth TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% WATER-SEWER FUND 23 Page 35 Item 4. 64% 79% 99% 99% 122% Water Charges for Services Sewer Charges for Services Licenses, Fees & Permits Utility Billing Penalties Interest Income 0%20%40%60%80%100%120%140% WATER/SEWER REVENUE YTD % OF ANNUAL BUDGET 24 Page 36 Item 4. $14,843,995 8,654,581 $14,034,341 7,960,362 $- $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 $14,000,000 $16,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 25 Page 37 Item 4. 9,357,785 4,236,135 8,506,040 3,535,651 - 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000 Sewer Charges for Services Sewer Management Fee SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 26 Page 38 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 825,000$ -$ 825,000$ 776,332$ -$ 48,668$ 94%716,133$ 8% Drainage Review Fee - - - 3,150 - (3,150) 0%- 0% 45-4 Interest Income 1,800 - 1,800 10,750 - (8,950) 597%(3,465) -410% Other Revenue 3,000 - 3,000 - - 3,000 0%2,096 -100% Transfer In - - - - - - 0%- 0% Total Revenue 829,800$ -$ 829,800$ 790,232$ -$ 39,568$ 95%714,764$ 11% EXPENDITURES Personnel Services 329,605$ -$ 329,605$ 262,859$ -$ 66,746$ 80%138,523$ 90% Debt Service 219,463 - 219,463 150,531 - 68,932 69%2 141,589 6% 45-7 Operating Expenditures 114,981 (2,028) 112,953 33,768 - 79,185 30%61,326 -45% Capital Expenditures 263,240 (225,000) 38,240 - 39,951 (1,711) 104%3 62,230 -100% Transfers Out 107,996 227,028 335,024 319,496 - 15,528 95%1 89,997 255% Total Expenses 1,035,285$ -$ 1,035,285$ 766,654$ 39,951$ 228,680$ 78%493,665$ 55% REVENUE OVER (UNDER) EXPENDITURES (205,485)$ -$ (205,485)$ 23,578$ 221,100$ Beginning Working Capital October 1 380,410 380,410 632,579 Ending Working Capital Current Month 174,925$ 403,988$ 853,679$ Notes 1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2 Annual debt service payments are made in February and August. 3 Encumbrance for vehicle, a one-time purchase, does not follow expected percentage. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% STORM DRAINAGE UTILITY FUND 27 Page 39 Item 4. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Amendment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sanitation Charges for Services 2,979,722$ -$ 2,979,722$ 2,423,604$ -$ 556,118$ 81%2 2,041,236$ 19% Interest Income - - - 5,614 - (5,614) 0%2,587 117% Transfer In 2,050,000 - 2,050,000 2,000,000 - 50,000 98%- 0% Total Revenues 5,029,722$ -$ 5,029,722$ 4,429,219$ -$ 600,503$ 88%2,043,823$ 117% EXPENDITURES Administration 2,325,554$ (2,092,500)$ 233,054$ 51,597$ -$ 181,457$ 22%49,426$ 4% Sanitation Collection 2,668,887 - 2,668,887 2,028,227 - 640,660 76%1,818,207 12% Capital Expenditure - 1,955,000 1,955,000 1,933,413 17,067 4,520 100%1 - 0% Debt Service - 137,500 137,500 94,583 - 42,917 69%- 0% Transfer Out - - - - - - 0%- 0% Total Expenses 4,994,441$ -$ 4,994,441$ 4,107,820$ 17,067$ 869,554$ 83%1,867,633$ 120% REVENUE OVER (UNDER) EXPENDITURES 35,281$ -$ 35,281$ 321,399$ 176,190$ Beginning Working Capital October 1 6,018 6,018 Ending Working Capital 41,299$ 327,417$ Notes 1 Capital, one-time purchases, do not follow expected percentage. 2 Correction of General Fund franchise fee calculation for residential carts. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 Expected Year to Date Percent 83.33% SOLID WASTE FUND 28 Page 40 Item 4. $2,423,604 2,028,227 $2,041,236 1,818,207 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 Sanitation Charges for Services Sanitation Collection SOLID WASTE REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year 29 Page 41 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Grants 1,877,105$ -$ 1,877,105$ 250,681$ Property Taxes-Delinquent - - - - Property Taxes-Current 8,502,003 - 8,502,003 8,502,003 Taxes-Penalties - - - - Contributions/Interlocal Revenue - - - 2,870,962 Bond Proceeds - - - - Interest Income - - - 3,649,968 Other Revenue - - - 7,872 Transfers In - General Fund - 446,389 446,389 446,389 Transfers In - Impact Fee Funds - 300,000 300,000 300,000 Transfers In - Escrows - - - - Transfers In - Parks - 800,000 800,000 2,313,800 *Transfers In/Out - Bond Funds - - - - Total Revenues 10,379,108$ 1,546,389$ 11,925,497$ 18,341,675$ EXPENDITURES West Prosper Roads 14,017,321$ -$ -$ -$ -$ -$ -$ 14,017,321$ -$ Fishtrap (seg 2) PISD Reimbursement 940,631 - - - - - - 940,631 - DNT Main Lane (US 380 - FM 428)2,557,062 - 2,557,062 2,557,062 2,557,062 - 0 - 0 Coit Rd (First-Frontier) 4 Lns 6,500,000 - 6,499,199 6,499,199 446,649 - 6,052,550 801 6,052,550 First St (DNT to Coleman)24,786,567 - 22,644,181 22,644,181 385,967 192,474 22,065,740 2,142,387 22,065,740 Prosper Trl(Coit-Custer)5,769,088 - - - 1,545 - (1,545) 5,769,088 (1,545) First Street (Elem-DNT) 4 Lanes 30,895,929 - 23,477,314 23,477,314 10,560,690 12,197,354 719,270 7,418,615 719,270 Preston Road / First Street Dual Left Turns (Design & Construction)900,000 - 900,000 900,000 71,523 22,077 806,400 - 806,400 First St (Coit-Custer) 4 Lanes 26,769,101 - 8,305,215 8,305,215 7,151,952 230,767 922,496 18,463,886 922,496 Preston/Prosper Trail Turn Lane 900,000 - 749,462 749,462 330,869 17,423 401,170 150,538 401,170 Craig Street (Preston-Fifth)450,000 - 123,480 123,480 54,533 40,588 28,360 326,520 28,360 First Street (Teel - Gee Road)7,225,444 - 2,435,465 2,435,465 2,206,146 217,872 11,447 4,789,978 11,447 Gee Road (First Street - Windsong)4,041,041 - 1,024,673 1,024,673 506,598 528,479 (10,403) 3,016,368 (10,403) Coleman (Gorgeous - Prosper Trail)1,500,000 - 945,443 945,443 108,016 497,569 339,859 554,557 339,859 Coleman (Prosper Trail - PHS)720,000 - 720,000 720,000 - - 720,000 - 720,000 Legacy (Prairie - First Street)10,625,000 - 9,906,174 9,906,174 4,687,053 4,812,767 406,354 718,827 406,354 Coit/US 380 SB Turn Lanes 300,000 - 276,014 276,014 245,727 26,858 3,429 23,986 3,429 Parvin (FM 1385 - Legacy)500,000 - - - - - - 500,000 - US 380 Deceleration Lanes - Denton County 500,000 - 500,000 500,000 43,600 35,550 420,850 - 420,850 Safety Way 800,000 - 800,000 800,000 - - 800,000 - 800,000 Gorgeous/McKinley 700,000 - 700,000 700,000 - - 700,000 - 700,000 Renaming of Fishtrap Road to W. First Street 80,000 - 77,123 77,123 - - 77,123 2,877 77,123 Gee Road (US 380--FM 1385)2,200,000 - 2,038,300 2,038,300 759,250 734,050 545,000 161,700 545,000 Frontier (Legacy-DNT)300,000 - - - - - - 300,000 - First Street (Coleman)500,000 - 499,791 499,791 402,977 93,572 3,242 209 3,242 Star Trail, Phase 5: Street Repairs 1,450,000 - 1,450,000 1,450,000 - 300,000 1,150,000 - 1,150,000 Prosper Trail (Coit - Custer) - 2 WB lanes 900,000 - 900,000 900,000 - - 900,000 - 900,000 Windsong Pkwy/380 Dual L Turns 152,800 - 152,800 152,800 12,400 10,400 130,000 - 130,000 Teel Parkway (US 380 - First Street Rd) NB 2 Lanes (Design)5,850,000 - 5,637,136 5,637,136 3,146,672 2,471,160 19,304 212,864 19,304 Traffic Improvement Projects - - - - - - - - - Parking Lot & Alley Improvements 122,500 - 122,500 122,500 34,220 88,280 - - - Coleman St (First-Go 660,000 - 660,000 660,000 - 660,000 - - - US380 Median Lighting 465,912 - - - - - - 465,912 - Fifth Street Quiet Zone 500,000 - 500,000 500,000 - - 500,000 - 500,000 Traffic Signal - Fishtrap & Artesia Boulevard 65,000 - 65,000 65,000 16,400 43,850 4,750 - 4,750 Med Lighting 380-Mah 300,000 - 300,000 300,000 - - 300,000 - 300,000 Traffic Signal - DNT/Frontier 281,500 - 281,500 281,500 16,125 66,875 198,500 - 198,500 Traffic Signal - Teel Pkway & Prairie Drive 65,000 - 65,000 65,000 13,600 27,150 24,250 - 24,250 Pedestrian Hybrid Beacons 777,600 - 777,600 777,600 26,250 61,350 690,000 - 690,000 Crswalk Sign Markings Flashers - - - - - - - - - Traffic Signal First 578,333 - 578,333 578,333 7,333 106,000 465,000 - 465,000 Traffic Warrant Stud 14,667 - 14,667 14,667 5,417 9,250 - - - Acaci Traffic Signal 503,480 - 503,480 503,480 34,330 134,598 334,552 - 334,552 DNT Signal Conduit Relocations 173,449 - 173,449 173,449 - 173,449 - - - Opticom Repair/Installation 85,000 - 85,000 85,000 - 82,557 2,443 - 2,443 Opticom Repair/Installation 800,000 - 800,000 800,000 - - 800,000 - 800,000 Tr. Signal (Denton-Fishtrap)349,500 - 349,500 349,500 - 49,500 300,000 - 300,000 Capital Expenditures 4,176,553 (4,176,553) - - - - - Total Street Projects 158,571,925$ 4,176,553$ 94,418,309$ 98,594,862$ 33,832,903$ 23,931,816$ 40,830,142$ 59,977,063$ 40,830,142$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 CAPITAL PROJECTS FUND - GENERAL 30 Page 42 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 CAPITAL PROJECTS FUND - GENERAL Turf Irrigation SH289 48,935$ -$ -$ -$ -$ -$ -$ 48,935$ -$ Lakewood Preserve, Phase 2 5,102,255 - 5,102,255 5,102,255 3,859,077 247,877 995,300 - 995,300 Doe Branch Property Trail Connections 1,684,000 - 1,684,000 1,684,000 - 227,300 1,456,700 - 1,456,700 Downtown Pond Improvements 11,760 - - - - - - 11,760 - Raymond Community Park 19,800,000 - 18,991,658 18,991,658 2,640,456 15,962,823 388,379 808,342 388,379 Green Ribbon Lovers 2,295,000 - 2,295,000 2,295,000 - - 2,295,000 - 2,295,000 Windsong Park #3 750,000 - 750,000 750,000 - - 750,000 - 750,000 Downtown Park 408,240 - 408,240 408,240 - 105,700 302,540 - 302,540 Windsong Parkland Dedication 1,913,800 - 1,913,800 1,913,800 1,913,800 - - - - Froniter Park Pond Repairs 473,000 - 473,000 473,000 - 453,891 19,109 - 19,109 Various Hike and Bike Trails 580,680 - 580,680 580,680 - - 580,680 - 580,680 Prosper Trail Screening (Preston - Deer Run)750,000 - 750,000 750,000 31,850 125,150 593,000 - 593,000 Parks Master Plan Up 140,000 - 140,000 140,000 73,007 59,700 7,293 - 7,293 Downtown Monumentation 66,500 - 66,500 66,500 - 66,500 - - - Downtown Improvements 553,389 - 553,389 553,389 - - 553,389 - 553,389 Total Park Projects 34,577,558$ -$ 33,708,521$ 33,708,521$ 8,518,191$ 17,248,940$ 7,941,390$ 869,037$ 7,941,390$ PD Car Camera and Body worn Camera System 387,225$ -$ 370,325$ 370,325$ -$ -$ 370,325$ 16,900$ 370,325$ Station #3 Quint Engine 1,495,000 - 25,120 25,120 17,825 4,794 2,500 1,469,880 2,500 Station #3 Ambulance 495,000 - 40,109 40,109 4,260 3,353 32,497 454,891 32,497 Parks & Public Works, Phase 1 3,450,000 - 3,450,000 3,450,000 9,673 1,177,413 2,262,913 - 2,262,913 Public Safety Complex, Phase 2-Design 1,562,823 - - - - - - 1,562,823 - Public Safety Complex, Phase 2-Dev Costs 124,691 - 975 975 975 - - 123,716 - Public Safety Complex, Phase 2-Construction 14,499,866 - - - - - - 14,499,866 - Public Safety Complex, Phase 2-FFE 1,108,321 - 8,375 8,375 8,375 - - 1,099,946 0 Fire Station #4 - Design 965,855 - 492,868 492,868 16,397 527,124 (50,652) 472,987 (50,652) Fire Station #4 - Engine 1,250,000 - 27,213 27,213 17,746 4,794 4,673 1,222,787 4,673 Fire Station #4 - Ambulance 552,000 - 427,568 427,568 8,574 378,789 40,205 124,432 40,205 Fire Station #4 - Other Costs 8,250 - - - - - - 8,250 - Fire Station #4 Construction 10,200,000 - 10,200,000 10,200,000 - - 10,200,000 - 10,200,000 Parks and Public Works Parking Lot - - - - - - - - - Interim Community Center - - - - - - - - - Finish Out Interior Spaces Town Hall First and Second Floor 650,000 - 650,000 650,000 122,399 295,296 232,306 - 232,306 Library Master Plan 130,000 - 130,000 130,000 9,838 88,538 31,625 - 31,625 Emergency Warning Sirens 296,887 - 296,887 296,887 296,380 - 506 - - PD Station Improvements 353,728 - 353,728 353,728 - 358,592 (4,864) - (4,864) Total Facility Projects 37,529,646$ -$ 16,473,168$ 16,473,168$ 512,441$ 2,838,693$ 13,122,034$ 21,056,478$ 13,121,527$ Transfer Out - - - - - - - - - Total Expenditures 230,679,129$ 4,176,553$ 144,599,997$ 148,776,550$ 42,863,535$ 44,019,450$ 61,893,566$ 81,902,579$ 61,893,060$ REVENUE OVER (UNDER) EXPENDITURES (136,851,053)$ (24,521,860)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 77,609,702 77,609,702 Ending Fund Balance (Restricted for Capital Projects) Current Month (59,241,351)$ 53,087,842$ *Transfers In/Out - Bonds--Bond and CIP funds are both in the Capital Projects Fund so transfers between these funds are netted together and eliminated. 31 Page 43 Item 4. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget Budget Budget Amendment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Interest Income -$ -$ -$ 1,442,950$ Bond Proceeds - - - - Grants - 6,102,367 6,102,367 8,888,286 Transfers In - 471,613 471,613 2,700,000 Transfers In - ARPA Funds 6,348,980 (6,348,980) - - Transfers In - Impact Fee Funds - - - 3,100,000 Transfers In - Bond Funds - - - - Total Revenues 6,348,980$ 225,000$ 6,573,980$ 16,131,236$ EXPENDITURES Lower Pressure Plane Pump Station Design 18,931,100$ -$ 8,267,140$ 8,267,140$ 5,175,934$ 2,875,395$ 215,811$ 10,663,960$ 215,811$ LPP Water Line Phase, 2A 8,999,905 - 8,999,905 8,999,905 751,315 7,101,331 1,147,259 - 1,147,259 Broadway (Parvin-Craig)- - - - - - - - - Fishtrap (Elem-DNT) (Legacy Water Line)15,000 - - - - - - 15,000 - Doe Branch Parallel Interceptor 7,400,000 - 7,400,000 7,400,000 - - 7,400,000 - 7,400,000 Doe Branch, Phase 3 WWTP 55,000,000 6,348,980 48,651,020 55,000,000 6,102,367 - 48,897,633 - 48,897,633 Sanitary Sewer Replacement 75,000 - 75,000 75,000 42,136 - 32,864 - 32,864 Wilson Creek WW Line 400,000 - 400,000 400,000 8,525 - 391,475 - 391,475 Parks & Public Works, Phase 1 600,000 - 600,000 600,000 4,627 588,707 6,667 - 6,667 DNT (Prosper Trail - Frontier Parkway) 12-inch WL 3,500,000 - 3,500,000 3,500,000 1,200,924 25,147 2,273,928 - 2,273,928 Upper Doe Branch WW Line (Teel-PISD Stadium)4,050,000 - 4,050,000 4,050,000 - - 4,050,000 - 4,050,000 DNT Water Line Relocation (US 380 - First St)2,146,650 - 2,127,151 2,127,151 1,161,350 279,583 686,218 19,499 686,218 Master Plan Projects - - - - - - - - - 5 MG Ground Storage 5,539,007 - 5,539,007 5,539,007 - 599,500 4,939,507 - 4,939,507 Water Line Relocation Frontier 3,400,000 - 3,137,000 3,137,000 134,386 250,782 2,751,831 263,000 2,751,831 Total Water & Wastewater Projects 110,056,662$ 6,348,980$ 92,746,222$ 99,095,202$ 14,581,564$ 11,720,445$ 72,793,193$ 10,961,460$ 72,793,193$ Old Town Regional Pond #2 48,386$ -$ 17,177$ 17,177$ 16,883$ 231$ 63$ 31,210$ 63$ BNSF Drainage Reimbursement 500,000 - 500,000 500,000 500,000 - - - - Doe Branch Creek Erosion Control 225,000 - 225,000 225,000 - 198,032 26,968 - 26,968 Total Drainage Projects 773,386$ -$ 742,177$ 742,177$ 516,883$ 198,263$ 27,031$ 31,210$ 27,031$ Transfer out - - - - - - - - Total Expenses 110,830,048$ 6,348,980$ 93,488,399$ 99,837,379$ 15,098,447$ 11,918,708$ 72,820,224$ 10,992,669$ 72,820,224$ REVENUE OVER (UNDER) EXPENDITURES (93,263,399)$ 1,032,789$ Beginning Fund Balance (Restricted for Capital Projects) October 1 40,601,835 40,601,835 Ending Fund Balance (Restricted for Capital Projects) Current Month (52,661,564)$ 41,634,624$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT July 31, 2024 CAPITAL PROJECTS FUND-WATER/SEWER 32 Page 44 Item 4. Page 1 of 2 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Ordinance Amending CEC Number of Members Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Division 3, “Community Engagement Committee,” of Article 1.04, "Boards, Commissions, and Committee” within Chapter 1 of the Town’s Code of Ordinances by amending Section 1.04.039, "Number of Members". Description of Agenda Item: The Prosper Town Council appointed the Community Engagement Committee (CEC) in December 2020 as an Ad Hoc Committee. The committee was comprised of eleven (11) members with a two-year term for each with meetings held once a month. As a committee of eleven (11) members, six (6) members were needed to meet a quorum. In September 2022, the CEC was formally established as a standing committee and an Alternate position was added to the Committee. In February 2024, the Town Council reduced the number of regular members from eleven (11) to nine (9), and also eliminated the Alternate position; thereby reducing the number to constitute a quorum from six (6) to five (5). Subsequently, the amendment was not correctly codified. The current company has been notified to correct the error. In addition, to ensure this section is updated within the Code of Ordinances, the proposed ordinance addresses the error. By the direction of the Town Council, the proposed ordinance would amend the composition of the Committee from nine (9) to eleven (11) members thereby increasing the number to constitute a quorum back to six (6) and clarify Subsection (c) of Section 1.04.039 was repealed. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached ordinance as to form and legality. Attached Documents: 1. Ordinance TOWN SECRETARY Page 45 Item 5. Page 2 of 2 Town Staff Recommendation: Town Staff recommends the Town Council approve an ordinance amending Division 3, “Community Engagement Committee” of Article 1.04, "Boards, Commissions and Committee" within Chapter 1 of the Town’s Code of Ordinances by amending Section 1.04.039 "Number of Members”. Proposed Motion: I move to approve an ordinance amending Division 3, “Community Engagement Committee” of Article 1.04, "Boards, Commissions and Committees" within Chapter 1 of the Town’s Code of Ordinances by amending Section 1.04.039, "Number of Members”. Page 46 Item 5. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING DIVISION 3, “COMMUNITY ENGAGEMENT COMMITTEE,” OF ARTICLE 1.04, “BOARDS, COMMISSIONS AND COMMITTEES,” OF CHAPTER 1, “GENERAL PROVISIONS,” OF THE TOWN’S CODE OF ORDINANCES BY AMENDING SUBSECTION (a) OF SECTION 1.04.039, “NUMBER OF MEMBERS”; CLARIFYING THAT SUBSECTION (c) OF SECTION 1.04.039 PREVIOUSLY WAS REPEALED BY THE TOWN COUNCIL; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Prosper Town Council appointed the Community Engagement Committee in December 2020 as an ad hoc committee for the purpose of enhancing the Town’s community engagement efforts; and WHEREAS, the Community Engagement Committee has held monthly meetings since March 2021 and has made continual progress in developing new initiatives to engage and inform Town residents; and WHEREAS, the Prosper Town Council established the Community Engagement Committee as a formal standing advisory committee to the Town Council in September 2022; and WHEREAS, the Prosper Town Council has determined that it would be beneficial to provide for additional members of the Community Engagement Committee and to clarify that the Community Engagement Committee has no alternate members. 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 1.04.039, “Number of Members,” of Division 3, “Community Engagement Committee,” of Article 1.04, “Boards, Commissions, and Committees,” of Chapter 1, “General Provisions,” of the Town ‘s Code of Ordinances are hereby amended to read as follows: “ARTICLE 1.04 BOARDS, COMMISSIONS AND COMMITTEES * * * DIVISION 3. COMMUNITY ENGAGEMENT COMMITTEE * * * Page 47 Item 5. Ordinance No. 2024-XX, Page 2 Sec. 1.04.039 Number of members. (a) The Community Engagement Committee shall be composed of eleven (11) members appointed by the Town Council. Members of the Community Engagement Committee shall be a resident of the town or reside within the town's extraterritorial jurisdiction. * * *” SECTION 3 For purposes of clarification, the current printed and online versions of the Town Code of Ordinances incorrectly provides that § 1.04.039 contains a subsection (c) related to an alternate member; however, the purpose, in part, of Ordinance No. 2024-19, adopted by the Town Council on February 13, 2024, was to remove subsection (c) and delete any provision for an alternate member of the Community Engagement Committee. Therefore, § 1.04.039 shall contain two (2) subsections, subsection (a) and subsection (b), and subsection (c) is no longer in force and effect. 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 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, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 6 This Ordinance shall become effective from and after its adoption. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF SEPTEMBER, 2024. ___________________________________ ATTEST: David F. Bristol, Mayor __________________________________ Michelle Lewis Sirianni, Town Secretary Page 48 Item 5. Ordinance No. 2024-XX, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 49 Item 5. Page 1 of 1 To: Mayor and Town Council From: Robyn Battle, Executive Director Through: Mario Canizares, Town Manager Re: Library Policy Revisions Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving an update to the Library Policies. Description of Agenda Item: Recent decisions from the Texas Attorney General have necessitated a change in the current policy related to the concealed carry and open carry of a firearm in the Library. Prior to this, the Town’s policy was to prohibit firearms in the Town Hall and Library facilities. While the Town may continue to prohibit firearms on the Town Hall side of the facility, the Town may no longer prohibit individuals from carrying firearms in the Library, effective immediately. Signage referring to Texas Penal Code Sections 30.06 and 30.07 has been removed from the Library’s exterior entrance, and Library staff have been notified of the change. The Library Board was also notified of the change in policy. The proposed policy revision is intended to bring the Library policy into compliance with state law. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Library Policies - Redline Version 2. Library Policies - Clean Version Town Staff Recommendation: Town Staff recommends the Town Council approve an update to the library policies as presented. Proposed Motion: I move to approve an update to the Library Policies as presented. LIBRARY Page 50 Item 6. Last Updated: April 30, 2024 September 10, 2024 1 Prosper Community Library Policies Mission Statement To inform, encourage, engage, and entertain citizens by providing resources and services that respect individuals and ideas, inspire life-long learning, and build community. The library upholds and supports the “Library Bill of Rights.” Purpose of Policy This document states the policies and plans governing the Prosper Community Library. Hours of Operation The library's hours of operation are intended to serve the needs of the greater community. Hours of operation of the library facility will be recommended by the Library Director and Library Board, with approval of the Executive Director of Community Services, Town Manager, or Town Council. Hours of operation are dependent upon budget, staffing levels, and usage patterns. Hours may be modified, reduced, or extended depending upon these factors. Business hours are subject to change due to town recognized holidays, emergencies, inclement weather or by other library actions. Circulation Policy Borrowing materials from the Prosper Community Library is a service and a privilege extended by the Town of Prosper to facilitate the use of its library materials, programs, and space. The Library Director is authorized to promulgate and enforce such rules, procedures, and limitations as may be necessary for the protection of the town's library property as well as for the widest and best use of the materials and space. This includes limiting by type, subject, format, quantity, and time the materials which may be circulated. The library is also authorized to establish rules, procedures, and parameters for the provision of borrower registration privileges, library card uses, and the renewal of privileges. Misuse, abuse, or neglect of returning library materials repeatedly may result in forfeiture of library membership. Patron Registration Any taxpaying resident of the Town of Prosper, upon completion of an application, proof of identification and Town residency, is eligible for free library membership. Identification will be a valid US or Texas government photo. Proof of residency will be confirmed through CAD (County Appraisal District). In lieu of an expired or invalid government issued photo ID card and/or CAD verification, some form of official photo identification and, a lease/home closing documents and/or most current utility bill (i.e., water/sewer, gas, electric) may suffice. There are two (2) categories of membership to obtain library cards: • Free permanent as well as limited memberships are available to those who can document* that they live in a household that receives/pays a Town of Prosper utility bill and the CPR/C48 (Prosper Town) tax. o In-person renewal is required bi-annually (every 2 years). • Paid memberships apply to those who do not pay a Town of Prosper utility bill or the Page 51 Item 6. Last Updated: April 30, 2024 September 10, 2024 2 CPR/C48 (Prosper Town) tax. The cost is $50 per library card holder annually. o In-person membership renewal and payment are required annually. Acceptable Residence Verification Documents: There are two primary ways to prove residency: 1. Present a valid/non-expired government issued photo identification indicating your correct address. 2. If the photo ID does not indicate applicant’s correct address, the applicant will also need a paper or digital utility bill (water, sewer, gas, electric) indicating services to the place of residence in addition to a photo ID. o If the applicant is a new resident and has not yet received a utility bill, closing documents or rental/lease agreement indicating place of residence will suffice. Purchase contracts are not accepted. Collin or Denton County’s Appraisal District databases may be referenced to determine which city or town the applicant pays their taxes to. These databases can be found at www.collincad.org/ or www.dentoncad.com/. Non-residents must pay an annual membership fee of $50 per card. Identification requirements are the same for a resident. Membership is non-refundable and is not prorated. A Temporary Membership may be obtained with other forms of identification. See library staff for qualifications and rules for this type of adult membership. By applying for a library card and the associated privileges, the individual agrees to abide by all policies and rules of the library and acknowledges responsibility for all items checked out on the card including reasonable care and protection from damage. By use of the library card the patron agrees to pay for any lost or damaged materials checked out on the card as well as any fees assessed on the account. The patron also agrees to promptly notify the library if the card is lost or stolen. The parent accepts legal responsibility for the child's use of the library and all materials checked out on the child's card, including charges for lost or damaged materials or any library fees assessed on the account. Individuals who have attained the age of eighteen (18) are an adult as to library usage and may assume the responsibilities which accompany the obtaining of a library card by applying for their own separate card. This does not relieve the parent/guardian of any obligations that are incurred by their minor child, as defined by and under the laws of the State of Texas. The library reserves the right to verify identity and confirm patron information at any time. Membership may be terminated for intentionally falsifying personal information. Borrowers holding a valid library card must present their own card at the time they wish to check Page 52 Item 6. Last Updated: April 30, 2024 September 10, 2024 3 out materials; however, a family member or designated individual is permitted to check out materials on another member's card if they have possession of that card. Positive identification may be requested for verification purposes. A patron may not check out items on a card they do not hold in their possession by any other means. Circulation Procedures Borrowers in good standing regarding overdue/lost items and whose accounts are clear of fees, charges, or other restrictions will be permitted to check out materials for the time specified for those materials. • Patron may check out up to twenty (20) items maximum per card. • Materials are loaned for a period of two (2) weeks. • One (1) kit maximum per card. • Library materials should be returned on or before the due date. If they are not returned by the due date, they will be considered overdue. • Patrons are responsible for all materials that are checked out on their account. • Once an item becomes overdue, patrons will receive overdue notices via email and the patron’s account will be restricted until all items are returned and borrowing privileges will be suspended. • E-books are available with a library card in good standing through the library’s electronic materials providers in accordance with their contracted use policies. Up to five (5) items may be checked out at one time, each for a maximum of two (2) weeks. Items may not be renewed, but they may be returned and checked out again if not on hold for another patron. A hold may also be placed on items that are not currently available for checkout. Holds/ To Go Service Prosper Community Library permits patrons to place a hold on certain designated types of materials. A maximum of 10 holds may be placed per library card. If a library card already has 20 items checked out, it will not allow holds to be checked out until enough items are returned to allow for the holds to be checked out. When the hold item becomes available, the items will be checked out to the patron and the patron will be notified and given three (3) library business days to pick up the item(s). When holds are repeatedly not picked up, the library will restrict the card and all associated cards for future holds due to abuse. This restriction is irrevocable by library staff and the Library Director. New cards may not be issued to circumvent the abuse block. Renewals Items may be renewed one time unless a hold has been placed on the items. • Renewals should be made online by the patron through their account’s login the day before the item is due. • Once an item is overdue, renewal may no longer be possible due to repeated overdue/abuse of the library’s lending policy, at which time the item(s) must be returned to the library and made available for other patrons. • Patrons may not circumvent this renewal policy by checking an item in only to check it out Page 53 Item 6. Last Updated: April 30, 2024 September 10, 2024 4 again. Library Fines/Replacement Costs for Lost/Damaged Materials: Library materials that are returned in a damaged condition are evaluated according to current library guidelines. Minor damage may be repaired so that the material may continue to be used. Significantly damaged or missing pieces to items will remain in the patron’s account until the missing piece(s) has been returned and will be withdrawn from the collection and replacement cost and fee assessed. • The replacement cost of library materials will be charged to the patron for a lost or damaged item. • Items may NOT be purchased by a patron and brought to the library to replace an item they lost or damaged. • The patron will be charged a $5.00 processing fee in addition to the assessed value of the item. • A $5.00 processing fee will be charged to an account for each items returned missing its barcode, spine label, or protective covering. • Individual replacement fees are assigned to patron’s account for missing/damaged DVD cases, audiobook cases, kit cases, and backpacks. • Patrons and their dependents who owe a fine or have lost overdue materials will not be allowed to check out items or renew membership until all fees are paid. • Borrowing privileges may be suspended or forfeited for repeated overdue or damaged items or neglect of following library policies. • A refund may be issued if lost item is found and returned to the library in the same condition it was borrowed within 30 days of payment. Abuse of this policy will result in forfeiture of this refund policy. Computer Assistance by Library Staff The library provides computers and wireless access as a resource to the community and expects patrons to use them independently. Library staff does not provide one-on-one training on how to use the computers, websites, or computer programs. Library staff does not provide technical services for gaining access to the wireless network for personal computers brought into the library, cell phones, electronic reading devices, or other personal devices. Patron Confidentiality Prosper Community Library supports intellectual freedom for everyone and has established these regulations to protect personal identifiable information contained in library records accessible in the library or through its computer systems. • Patron records are regarded as confidential by library employees. Library staff will not discuss contents with others. • Library staff will access patron records to conduct library business only. • Library staff will seek counsel from the Town’s Attorney before responding to any request by a third party for personally identifiable information about any user. Such Page 54 Item 6. Last Updated: April 30, 2024 September 10, 2024 5 information includes database search records, reference interviews, electronic requests for information, circulation records, and other personally identifiable uses of library materials, facilities, or services. • A person who presents a library card belonging to another individual for any purpose is not granted access to the confidential records associated with the library card unless that person is the parent or guardian of the minor card holder. Study Rooms The library has limited study room space. As a result, this policy is in place to create fair access to these spaces. Study rooms may be used on a first come, first served basis. Study Room Use: 1. Patrons (adult or juvenile) must have a valid Prosper Community Library card in good standing. 2. Member users must check-out the room via presentation of their library card or photo ID. 3. Study rooms may be utilized for two hours on a first come, first served basis. After two hours, the occupants may continue to use the space provided no one requests the space. The room in which the occupant has used the room the longest will be the first required to vacate. 4. If a study room is not available upon arrival, the patron will be informed as to when one will be available. 5. If a study room is not available, a patron may sign up to be next in line and must remain in the library to wait their turn. 6. Any study room left unattended for more than 15 minutes will be considered vacant and available for use by others. Unattended items will be placed in the library’s lost and found. 7. The Prosper Community Library assumes no responsibility for either library or personal possessions left in the study room. 8. Light pre-packaged snacks and drinks in covered containers are allowed. Proper disposal of aforementioned items is required upon vacancy. 9. Reservations are not taken for study rooms. No phone or email requests are allowed. Requests can only be made in person at the time of use. 10. No one under the age of 13 years old may utilize a study room without adult supervision, nor use the room alone. 11. Maximum of four individuals may occupy a study room at one time. 12. In the case of groups (four or less) using the room, one person will represent the group for its tenure in the room. Consecutive, hourly signups by other persons of the same group are not allowed. 13. White board marker kits are available at the reference desk to use. No markers, other than the library’s, are allowed to be used on the white boards. 14. Disruptive behavior will lead to a loss of access to the study room(s). Noise should be held to a reasonable level as the rooms are not soundproof. 15. Teleconferencing and/or phone calls are allowed as long as the volume is not considered disruptive or intrusive as the rooms are not soundproof. Page 55 Item 6. Last Updated: April 30, 2024 September 10, 2024 6 16. Study Rooms are not available to be used for any of the following: a. For purposes prohibited by town ordinance, by state or federal law, or Library Policy. b. For commercial advertising or direct solicitation of clients or customers. c. For fund-raising. d. For events which directly profit the business of a commercial organization or individual. 2nd Level Conference Room/Quiet Room The 2nd Level Conference/Quiet Room serves a maximum of eight (8) people for the purpose of allowing individuals or small groups to meet or to have a quiet workspace. It cannot serve both roles (conference and quiet space) at the same time, and therefore can only be one or the other at any given time. Used as a Conference Room: The intent is to accommodate activities such as discussion groups, panels, small lectures, or meetings. Social events are not permitted. 1. Conference Room must be reserved by an adult via a Prosper Community Library card in good standing. Card holder must be in attendance of the meeting taking place in the conference room. 2. Reservations must be made in person and no more than one week in advance. No phone or email reservations are accepted. 3. A maximum of 8 people may use the room at any time. No additional seating may be taken from the library and relocated into the room. 4. Attendees must be at least 15 years old. 5. Conference room may be reserved for a maximum of two hours. 6. White board marker kits are available at the reference desk to use. No markers, other than the library’s, are allowed to be used on the white boards. 7. Light snacks and drinks in covered containers are allowed. Proper disposal of aforementioned items is required upon vacancy. 8. The library will not provide computers, projectors, or other electronic equipment. Nor does the library provide personnel to assist in technical support, room set up/take down, or other materials needed by groups using the conference room. 9. Disruptive behavior or group activities which may cause a disruption to regular library operations will lead to an immediate loss of access to the conference room. 10. Chairs and tables exclusive to the room are provided by the library and restoring to original furniture set up is the responsibility of the user. 11. Meetings taking place near the end of the library operating day must be completed, cleaned up and vacated 10 minutes before the end of the reservation/close of library. 12. Conference Rooms are not available to be used for any of the following: a. For purposes prohibited by town ordinance, by state or federal law, or Library Policy. b. For commercial advertising or direct solicitation of clients or customers. c. For fund-raising. Page 56 Item 6. Last Updated: April 30, 2024 September 10, 2024 7 d. For events which directly profit the business of a commercial organization or individual (including professional tutoring services). 13. Solicitation or sales of products and services is prohibited. Charging fees, selling items, charging fees for attendance, or a requirement to purchase materials is not allowed. Used at a Quiet Room: When not reserved for a meeting, this space is intended for quiet study or reading. 1. Furniture set up is not to be adjusted. 2. Light snacks and drinks in covered containers are allowed. Proper disposal of the aforementioned items is required upon vacancy. 3. Foods that emit smells are prohibited. 4. Cell phones must be set to silent, and all calls taken outside the library. 5. Group study or work are considered a meeting and should be booked as such. Minimum number of 4 people are required to reserve the conference room for that use. 6. Room reservations will be posted on the entrance to the Conference Room/Quiet Room and occupants will be given a 10-minute notice to vacate 5 minutes before the next scheduled reservation. 7. Occupants must be 13 years of age or older. Collection Development Prosper Community Library seeks to fulfill its mission by selecting, acquiring, organizing, preserving, maintaining, and providing access to a collection of materials in the most current formats available, including electronic resources. The collection will address the interests and needs of the diverse community it serves in a format that is best suited to meet those needs and interests. Materials Selection Policy This policy guides the development and continuous evaluation of library materials to reflect Prosper Community Library’s mission to inform, encourage, engage and entertain citizens by providing resources and services that respect individuals and ideas, inspire life-long learning and build community. Prosper Community Library provides library materials in a variety of formats that: • Inform the public of timely issues and timeless ideas. • Encourage people to discover, create, and learn. • Engage citizens to explore diverse opinions and conduct research on topics of interest. • Entertain all ages seeking recreation and leisure. 1. Philosophy and Objectives Prosper Community Library’s service commitment is to the people within its service area, including people of every age, education, background, personal philosophy, religious beliefs, occupation, economic level, ethnic origin, and human condition. The library upholds the right of the individual to secure information, even though the content may be controversial, Page 57 Item 6. Last Updated: April 30, 2024 September 10, 2024 8 unorthodox, or unacceptable to others. To represent the diversity of thought within the Prosper community, materials available in the library encompass a variety of viewpoints enabling citizens to make the informed choices necessary in a democracy. The library does not endorse beliefs or views, nor does the selection of an item express or imply an endorsement of the viewpoint expressed by the author. Prosper Community Library encourages free expression and free access to ideas, both essential elements in a democratic society. The library supports the individual’s right to access ideas and information representing all points of view. The library subscribes to the principles of the American Library Association’s “Library Bill of Rights,” the “Freedom to Read Statement,” and the “Freedom to View Statement,” which are included as appendices to this policy. The collection contains information on a variety of subjects and views and is organized to provide free access to patrons within the limitation of space and budget. A complete collection of all that is published is not a realistic goal. However, the library strives to create an attractive, current, and balanced collection representing all fields of knowledge and all sides of issues in an unbiased manner. 2. Responsibility The authority and responsibility for the selection of library materials rests with the Library Director. Library card holders may recommend materials for consideration through the library’s membership software. 3. Collection Structure The placement of materials within the library is determined by several factors. The library uses the Dewey decimal classification scheme which divides materials by subject. Professional catalogers use Dewey and Library of Congress subject headings to place materials into the proper subject areas and assign them to Adult, Young Adult, Juvenile, Reference, or other specific areas of the library. 4. General Selection Criteria Prosper Community Library seeks to develop an outstanding collection within the constraints of budget allocations and shelf space. Materials purchased for the collection are not an endorsement by the library of either the content or viewpoint presented in them. The library provides, within its financial and space limitations, a general collection of materials embracing broad areas of knowledge, as well as literary and cultural genres. Included are works of enduring value and timely materials on current issues. Within the framework of these broad objectives, selection is based on community demographics and evidence of areas of interest. Collections are reviewed and revised on an ongoing basis to meet contemporary needs. Collections are current and popular, not archival, and materials are not needlessly duplicated. Collections provide general coverage of subjects and reflect the characteristics of the community. Materials are withdrawn from the collection to maintain the collection’s usefulness, timeliness, and relevance. Page 58 Item 6. Last Updated: April 30, 2024 September 10, 2024 9 To build and maintain a collection of merit, materials are evaluated according to one or more of the following criteria. Not all criteria must be met and no one criterion will be decisive. Additional criteria may be used to select materials for specific collections. • Current and relevant to community needs and interests • Suitability of subject and style for intended audience • Attention of critics and expert reviewers • Cost in relation to value to the collection • Comprehensiveness • Skill, competence, purpose of author • Reputation and significance of author • Objectivity • Authenticity of history or social setting • Consideration of the work as a whole • Representation of diverse point of view • Suitability in physical form for library use • Technical quality • Local or national significance • Legal or licensing rights • Adheres to accreditation standards set by TSLAC 5. Selection Tools Among the selection tools used by the Library Director and library staff include professional library journals, trade journals, subject bibliographies, publisher’s reputation, promotional materials, and reviews from reputable sources. Since the Library collection reflects the unique community culture of Prosper, consideration is also given to materials requested by citizens of the community. Circulation history, statistics, and books in series will determine additions to the collection as well. 6. Excluded from selection: • Textbooks and curriculum-related works unless they are considered useful to the general reader as introduction to a subject and their presentation is superior to other sources. • Scholarly and technical materials that are carried by academic or specialty libraries. • Items having removable media such as memorabilia, patterns, stickers, sound, or toys. • Items that have moveable parts such as flap book, tactile learning, or manipulatives (with the exception to items deemed “kits.”) • Puzzles or workbooks that encourage filling in blanks. • Materials that are publicized solely through infomercials or personal websites. • Self-published/subsidy published materials unless they are reviewed in established publications. • Rare book: Since it is the public library’s function to make materials available to all Page 59 Item 6. Last Updated: April 30, 2024 September 10, 2024 10 users, the Prosper Community Library does not collect rare or unusual materials that require special handling. Rare publications pertaining to Prosper or Texas history will be given to the Prosper Historical Society or another appropriate institution for preservation and protection. • Genealogical materials. Collection Responsibilities Responsibility for the collection rests with the Library Director, who operates within the framework of the Collection Development Policy. The Library Director delegates to staff members authority to interpret and apply this policy in daily operations. All staff contributes to the development of collections driven by patron needs and expectations by: • Engaging in open, continuous communication with patrons. • Handling all requests equitably. • Understanding and responding to continually changing demographics as well as societal and technological changes. • Recognizing materials of varying complexity and format necessary to satisfy diverse needs. Town of Prosper Community Room Community Room reservation requests may be made through the Town of Prosper website: prospertx.gov/187/community-room-reservations. The Library does not manage room reservation bookings. Collection Maintenance The library keeps its collection vital and useful by withdrawal and replacement of essential materials, and by removing those works that are worn, outdated, unnecessary duplicates, or no longer in demand. The library uses the Texas State Library and Archive Commission’s CREW Method (Continuous Review, Evaluation, and Weeding) for guidance when reviewing collection. Donated Materials The library is not accepting donations of any kind at this time. Purchase Requests Purchase suggestions from patrons provide librarians with useful information about local interests or needs not currently met by the collection. The librarians evaluate requests for specific items in accordance with the established selection objectives and criteria. If the item is not added to the collection, the patron may have an opportunity to borrow the items through Interlibrary Loan. Local Author Donation A Local Author Donation form must be completed and submitted to the library. The Local Author Donation Committee will review the application and notify the donor of its determination. Forms are available in the library only. Page 60 Item 6. Last Updated: April 30, 2024 September 10, 2024 11 Public Notices and Non-Library Materials Only information created/published by the Town of Prosper and Prosper Community Library may be displayed or distributed in the library. Reconsideration of Materials Prosper Community Library believes that censorship is a purely individual matter and declares that, while any person is free to reject for themselves materials of which they do not approve, they cannot exercise this right of censorship to restrict the freedom of others to read, view, listen, or inquire. The Prosper Community Library subscribes to the American Library Association’s “Library Bill of Rights” and has set these regulations in place to assist in fulfilling the library’s mission to serve the residents of Prosper. Any patron who is a resident of the Town of Prosper and holds a library card in good standing from the Prosper Community Library is encouraged to speak with library staff if they have questions about the library’s collection development policies. If a resident’s concern is not satisfied through discussion with library staff, the resident may create/write a letter titled “Recommendation for Reconsideration of Materials Letter” and send it to the Library Director. For a Recommendation for Reconsideration of Materials to be considered by the library administration, it must meet the following criteria: • The patron must be a Town of Prosper resident (Town of Prosper [CPR/C48] taxpayer) and hold a library card in good standing from the Prosper Community Library. • The recommendation letter must be submitted to the Library Director. The Library Director will respond directly to the patron or refer the recommendation to the library administration and Library Board for review. The Library Board and administration will review the recommendation and prepare a report to the Library Director. This report will determine whether the materials in question continue to meet the selection criteria of the library, and the Library Director will utilize this report in providing a response to the patron. The review process will be completed within thirty (30) days from the date the Recommendation for Reconsideration of Materials letter is received by the Library Director. Interlibrary Loan Interlibrary Loan (ILL) is a service that allows Prosper Community Library card holders access to materials in the collections of other libraries by request. If the materials a cardholder desires are not available in the Prosper Community Library’s collection, library staff can attempt to borrow it via the ILL system. An ILL request form must be submitted and the return shipping fee determined by current USPS fee schedule, will be charged to the patron’s account upon the library’s receipt of the item. This fee must be paid regardless of whether the item is ever picked- up by the patron. Cancellation of the ILL request does not negate this fee. Availability and speed of service is solely dependent on the ILL request software system, lending library Page 61 Item 6. Last Updated: April 30, 2024 September 10, 2024 12 processing, and USPS delivery timelines. Children in the Library The Prosper Community Library provides a warm, welcoming, exciting, and safe environment for people of all ages. Responsibility for the safety and behavior of children in the library rests with the parent or caregiver. The safety of children left alone in the library is a serious concern of the library staff. Library staff cannot monitor the behavior and safety of children using the library. Children under the age of 8 must be physically with an adult parent/caregiver. Parent/caregiver must attend and be engaged in programs with the child as well. Children under the age of 13 must be accompanied by a parent, designated guardian or caregiver of at least 16 years of age. If a child under the age of 13 is in the library, a parent/caregiver must be in the building and aware of the location and behavior of the child. Children ages 13 - 17 may use the library on their own and are expected to comply with all library rules and the Prosper Community Library Standards of Conduct Policy. Parents/caregivers are still, however, responsible for the behavior of their children. If children do not comply with library rules and the Prosper Community Library Standards of Conduct Policy, library staff may ask them to leave the library and the parent/guardian or police may be contacted. Unattended/Abandoned Children after Closing Time Children under 13 are to be always supervised while at the library. The library is not responsible for children without transportation at closing. Library staff will exercise appropriate procedures to ensure the safety of unattended children when the library is closing. Parents/caregivers are responsible for being aware of the library’s hours of operation. Parents/caregivers must also keep in mind that the library may close unexpectedly for reasons out of the control of staff, such as a power outage, inclement weather, etc. If no one has arrived for the child within ten (10) minutes after closing time, the staff will call the Prosper Police Department. Two library staff members will wait for the police with the child. Once the police arrive, the child will be turned over to the Prosper Police, and the library staff members will no longer be responsible for the unattended child. Orientation/Tours Private group tours are available by scheduling directly with the Library Director. Exam Proctoring The Prosper Community Library does not offer proctoring services. Page 62 Item 6. Last Updated: April 30, 2024 September 10, 2024 13 Purpose Standards of Conduct Policy The purpose of this policy is to establish standards of conduct for the comfort, safety and protection of library patrons and library staff. Library staff will firmly and courteously enforce these rules. The library expects each patron’s cooperation in maintaining an environment conducive to enjoyable use of the library for all. Conduct Policy Those using the library are responsible for conducting themselves and minor children in their care in a manner that does not threaten the safety, disturb, or interfere with the right of any other patron or with library employees’ performance of their duties. Visitors, while in the library, shall be engaged in activities normally associated with the use of a library such as reading, studying, using library materials, attending programs/events, or other appropriate activities. The library reserves the right to restrict a person’s use of the library if they violate the Prosper Community Library Standards of Conduct Policy. Standards Improper conduct is prohibited while on library premises, includinge but are not limited to: 1. Weapons of any kind. Behavior that is abusive, threatening, or intended to intimidate another person. 2. Damaging or vandalizing library facilities, equipment, or materials. 3. Using abusive, obscene, or profane language or acts. 4. Abandoning, neglecting, or leaving children under the age of thirteen (13) unattended by a parent or authorized caretaker or otherwise violating the Children in the Library portion specified in the policy document. 5. Arriving late (more than 5 minutes) to a children’s library program or being disruptive during a program. 6. Using or being under the influence of any intoxicant, narcotic, or similar substance while in the library building or on library grounds. 7. Using tobacco products, including e-cigarettes. 8. Offensive bodily hygiene that constitutes a nuisance to others. 9. Inappropriate attire, i.e., attire including swimsuits, revealing or filthy/odorous clothing, etc. (Shirt/top, pants/skirt/shorts, shoes/sandals/etc. are required and must be worn at all times.) 10. Selling, soliciting, or panhandling. 11. Gambling. 12. Lying on the floor or sleeping. 13. Blocking library entrances or exits. 14. Petitioning, proselytizing, soliciting, or selling merchandise or services without written permission from the Library Director. 15. Removing library materials without following proper checkout protocol. 16. Moving other patron’s items without their permission. Page 63 Item 6. Last Updated: April 30, 2024 September 10, 2024 14 17. Causing noise that interferes with patron use of the library, including but not limited to the playing of audible electronic devices or engaging in loud or disruptive conversations. 18. Audible sound coming from an electronic device. (Earbuds or headphones must be worn such that residual sound cannot be heard.) 19. Audible cell phone notifications. (Cell phones must be put on silent or vibrate mode.) 20. Phone conversations. Cellular phone calls must be brief and non-disruptive to library patrons. Patrons are encouraged to take phone calls outside of the library. 21. Excessive noise of any kind. The library expects patrons to be respectful of other patrons’ ability to concentrate and focus while utilizing the library’s resources. 22. Consuming food or drink on the library premises except in authorized situations (drinks are allowed in closed containers only). 23. Bringing in any animals except service dogs. 24. Entering library with bicycles, roller skates, roller shoes, scooters, skateboards, or other similar devices. 25. Monopolizing library space, seating, tables, or equipment to the exclusion of other patrons or staff as determined by library staff. 26. Leading or conducting a program or event in the library without Library Director’s prior approval. 27. Harassing a patron or staff member through noisy or boisterous activities, staring at or following another person with intent to annoy that person, or fighting physically or verbally. 28. Refusing to follow reasonable direction from library staff, including but not limited to leaving the library during normal closing procedures or during an emergency evacuation. Program Etiquette For the enjoyment of all attendees, arriving on time, participating, interacting, and refraining from socializing (phone and in person) is expected during the event. Ticketed entry for programs is for card holders or their designated users as a guardian (nanny, grandparent, etc.) Non-members may not utilize member’s cards for program access. Library patrons who choose not to follow the Library’s Standards of Conduct Policy, will be asked to correct the unacceptable behavior. If the behavior continues, that patron will be asked to leave. Prosper Police Department will be called if the patron refuses to leave. Responsibility and Authority Final responsibility and authority for maintaining acceptable standards of conduct in the library rests with the Library Director, who will operate within a framework of policies and procedures adopted by the Town. The staff will operate under the Library Director’s delegated authority. The library is authorized to develop such procedures, guidelines, and rules as may be necessary to carry out these policies. Further, the library is authorized to utilize appropriate technologies to address the implementation of these policies. Lost and Found Prosper Community Library assumes no liability for the personal possessions of patrons using the facility or items left at the library. As a public service, the library does maintain a lost and found. Page 64 Item 6. Last Updated: April 30, 2024 September 10, 2024 15 All items found by the library staff will be taken to and stored for two weeks in the library workroom area. When a lost item provides information regarding the possible/potential owner, library staff will attempt to contact the owner. Flash drives found in the library will not be viewed for any reason by staff and will be disposed of at the close of the day lost/left. Items that pose a potential health risk are disposed of immediately. Lost items will be kept for 30 days before being discarded. Emergency Situations Fire In the event of a fire, library staff will sound the fire alarm, report the fire to 911, and ask everyone to evacuate the building. Sudden Inclement Weather In the event the Town sounds its Emergency Sirens, staff will instruct/require library occupants to move and occupy its first-floor interior restrooms until safety authorities lift the emergency protocol. Medical Emergencies In the event of an ill/injured patron, library staff will respond positively with any reasonable help. If the ill/injured person is unable to make a call, the library staff will assist in notifying their requested person or call 911 if necessary. Patron Confidentiality Prosper Community Library is committed to the protection of all library patron’s right to privacy in the use of library resources and discloses patron information to the patron only. In regard to minors, information may be disclosed to the registered parent/guardian listed on the account. Library records will only be disclosed under court order, subpoena, or warrant as outlined in state statue, Texas Government Code, Section 552.124 and the surveillance provisions included in the USA PATRIOT ACT (Public Law 107-56). Page 65 Item 6. Last Updated: April 30, 2024 September 10, 2024 16 Prosper Community Library Patron Acceptable Use Policy For Internet and other Technology-Related Items Services Available Typical services may include Internet access, computer applications such as word processor, spreadsheets, database access, children’s educational and software applications, and other technologies as they become available. Services may be added and deleted as decided by the Library Director. The library’s electronic services are not intended to provide access to every software or hardware application or to every source of information available. The library does not offer email accounts but allows access to free email providers on the Internet. Information on the Internet is not necessarily current, accurate, or complete. While valuable information is available on the Internet, some may be obscene, patently offensive, or harmful, especially to minor children, as defined by applicable state and/or federal laws. For purposes of this policy, minors are defined to include all individuals under the age of eighteen (18) years. Since the Internet makes accessible a rapidly changing array of resources, it is not possible for the library to control or monitor content on a regular basis. The library utilizes software that blocks sources on the Internet that are obviously inconsistent with the library’s mission. This does not fully guarantee that individual users are protected from accessing information they personally deem undesirable or disturbing. Be advised that filtering software is not foolproof; it diminishes the likelihood of seeing offensive material on the Internet but does not eliminate the possibility. User information is deleted after logging off and each evening software resets the computers to default library settings clearing all cached data from that day. Internet Access Library electronic resources are for educational, informational, and appropriate recreational purposes only. The library takes precautions to restrict access to controversial materials. However, a global network is impossible to control. Any user may access a website that is potentially controversial. We firmly believe that the valuable information and interaction available on the Web far outweighs the possibility that users may access material that is not consistent with the goals of the Prosper Community Library. Although the library provides access to electronic information, this does not imply sponsorship or endorsement. It is the responsibility of the patron, parent, or guardian to determine the accuracy, appropriateness, and usefulness of information accessed through electronic resources. The Prosper Community Library assumes responsibility only for the information found on the Town of Prosper website. Restriction of a minor's access to, or use of, electronic resources is the responsibility of the minor's Page 66 Item 6. Last Updated: April 30, 2024 September 10, 2024 17 parents or legal guardians. The library is not responsible for the content of electronic resources to which its patrons link, for the content of sources accessed through secondary links, or for the previous patron’s search history. Patrons should expect no privacy when using electronic resources provided by the library whether accessed from an external site or internally, as these are public computers used in a public place. Neither the Town of Prosper nor the Prosper Community Library can be held responsible for losses or liabilities, direct or indirect, incurred using electronic resources provided by the library. The library is not responsible in any way for a personal electronic device brought into the library. The library does not guarantee the availability of electronic resources. Ages, Registration & Time Limits 1st floor: • 1st floor Internet computers require a library card to sign in. • Children twelve (12) and younger are to use the 1st floor computers. Adults and teens assisting a child may utilize the computer in this area only if they child is with them, and they are working on an activity with the child. • AWE computers are first-come first-served and do not have time limits. Headphones must be worn during use. • Earbuds or headphones must be worn any time sounds are emitted from computer. 2nd floor: • Computers on the 2nd floor are intended for adult use, but if utilized by a child under the age of 13, they must be under the immediate guidance and supervision of their parent or guardian. • Portable devices may be used in the Teen area by children ages thirteen (13) – seventeen (17). • Earbuds or headphones must be worn any time sounds are emitted from computer. All computer workstations are available on a first-come, first-served basis. Time limits may be imposed on all computer workstation use. Time limits may vary depending on available computers and waiting patrons. Use by Children/Minors Children’s Internet computer access on 1st floor requires library card login. Parent/guardian signing minor in assumes responsibility for use. Although the library has a filter in place to uphold the Children’s Internet Protection Act (CIPA), the library nor its staff is responsible for assuring the appropriateness of information accessed by children. Adult assumes responsibility of cost of printing from children’s computers at $0.20 per page. Prosper Community Library Computer and Internet Use Policy 1. Parents, guardians, and caregivers are responsible for monitoring their children’s use of the Page 67 Item 6. Last Updated: April 30, 2024 September 10, 2024 18 library computers, access to the Internet, and the information accessed by minors. 2. Reasonable care of the computers by the user is expected. Misuse of computers will result in loss of computer privileges. 3. Library staff may assist the user in accessing the Internet and appropriate printing devices but cannot provide in-depth assistance and/or training. 4. The charge for printing is $0.20 per page (color or black & white) and must be paid at the time of printing. Exact change is required. Credit cards may be used for printing equaling $3.00 or more. 5. Printers are not available via wireless connections from library portable devices or personal devices. 6. Users may not store materials on the hard drive of any computer owned by the library. Users are expected to store materials using their own peripherals, e.g., flash drive. 7. Use of any information or materials on sites you access is entirely at your own risk. 8. Users will not perform any of the following acts: a. Attempt to access devices or resources to which you have no explicit, legitimate rights. b. Copy, reproduce, or transmit any copyrighted files or information other than in accordance with the requirements and allowances of the copyright holder. c. Launch network attacks of any kind including port scans, DoS/DDoS, packet floods, replays or injections, session hijacking or interception, or other such activity with malicious intent. d. Transmit malicious software such as viruses, Trojans, and worms. e. Surreptitiously install software or make configuration changes to any device or application, by means of the installation or execution of key loggers, registry keys, or other executable or active application or script. 9. Users will use the access provided here responsibly and with full regard to the safety, security, and privacy of all other users, devices, and resources. 10. Users will be mindful of the cultural sensitivities of others while using this portal so as not to provoke reaction or offense, and will not intentionally access pornographic, graphically violent, hateful, or other offensive material (as deemed by the Town) regardless of others' sensitivities. 11. Users understand that unauthorized use of resources through this portal may give rise to a claim for damages and/or be a criminal offense. 12. As with most public internet connections, the library’s internet connections, especially via wireless connections are not guaranteed to be secure. Caution should be exercised when using the library’s computers. Wireless users should not transmit their credit card information, passwords and any other sensitive personal information while using any wireless connection. The library will not be responsible for any personal information (e.g., credit card) that is compromised. Restarting the computer at the end of use will erase all data from that station. 13. The library will not be responsible for any damage caused to your hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access users should have up-to-date virus protection on their personal portable devices, computers or wireless devices. Page 68 Item 6. Last Updated: April 30, 2024 September 10, 2024 19 14. The library reserves the right to log or monitor traffic to ensure that these terms are being followed as directed by Town of Prosper legal counsel. 15. Misuse or unauthorized use of Library computers and information resources will result in revocation of library privileges. User privileges can and will be revoked upon any violation of this policy. The library staff in charge has full authority to disallow further usage of workstations. Any appeal for reinstatement of privileges must be made through the Library Director and Information Technology Director, with whom the final decision will rest. Usage that encroaches upon standards set by law will be dealt with appropriately and firmly. Federal, state, and local laws concerning these matters will be upheld, and violators may be subject to prosecution. Wireless Use Library visitors who bring their own devices to the library may access the Internet through a wireless network. Library wireless users are required to adhere to the same expectations as outlined in the Computer and Internet Use Policy. Users are encouraged to utilize anti-malware and virus protection on their personal electronic devices. The library cannot assure that data or files downloaded by users are virus-free. Users agree to indemnify the library for copyright infringement conducted using the library’s wireless network. The library is not responsible for damages to equipment or data on a user’s personal computer from the use of data downloaded from the Library’s Internet service. Hotspot usage policy and electronic device agreement Prosper Community Library has established a Wi-Fi hotspot lending program to provide patrons in our community with high-speed internet access. With this program, students can use the Internet for help with homework and projects, employees can have reliable internet access to meetings and presentations, and patrons can have home access to the library’s digital resources such as our databases, catalog, and eBooks. Patrons can take advantage of our Wi-Fi hotspot lending program with a current Prosper Community Library card. The library is not responsible for any liability, damages or expense resulting from use or misuse of the device, connection of the device to other electronic devices, or data loss resulting from use of device. Any use of the device for illegal purposes, unauthorized copying of copyright- protected material in any format, or transmission of threatening, harassing, defamatory or obscene materials is strictly prohibited. Hotspots may not leave the continental United States nor be used internationally. Wi-Fi hotspots may be borrowed by card holders ages 18 and above with a library card in good standing. Checkout is limited to one per household at any given time. The library reserves the right to refuse service to patrons who abuse equipment or who are late in returning items. Page 69 Item 6. Last Updated: April 30, 2024 September 10, 2024 20 Wi-Fi hotspots are available at the Circulation Desk on a first-come, first-served basis. They may not be reserved or placed on hold. To borrow a hotspot, the patron must have their library card or valid government ID and must complete and agree to the Electronic Device Agreement. Once a hotspot is checked out to a patron, it becomes the responsibility of that patron. Hotspots are not intended to be a long-term internet solution. We reserve the right to implement restrictions if checkout is being abused. Hotspots may be borrowed for two weeks and may be renewed one-time within a 30-day period. They must be returned in person to the Circulation Desk, and never to another library, left outside the library door, or in the book drop. If a hotspot is not returned, or returned damaged, the borrower will be charged a replacement cost. If a device is not returned in a timely manner, civil and criminal action will be taken. If the borrower fails to pay the replacement cost for a lost device, their membership will be suspended until the account is clear. Copier/Printer The Prosper Community Library offers a printer/copy machine to the public. Printing is $0.20 per page (regardless of front/back or color/black and white). Payment for printing is due at the time of printing. Printing may not be placed as a balance fee on a library membership account. Cash or checks must be used as acceptable forms of payment for amounts less than $3.00. Credit card may be used for printing of $3.00 or more. 3D Printing The Prosper Community Library offers a 3D printer to library card holders. The 3D printer is intended to inspire all ages to create and innovate. Patrons eighteen (18) years and older and who have a current Prosper Community Library card may submit digital designs (currently in .stl) to be printed on the library’s 3D printer. Children under eighteen (18) years of age must be accompanied by a parent or guardian. The parent or guardian must sign a permission form and agree to payment of printing for each minor. Cardholder must be in good standing to submit a file for printing. The printer may only be used for lawful purposes and be for objects appropriate for a public library environment. No weapons of any kind shall be created on the printer. No patron will be permitted to use the library’s 3D printer to create material that is: • Prohibited by local, state, or federal law. • Unsafe, harmful, dangerous, or poses an immediate threat to the well-being of others. • Obscene or otherwise inappropriate for the library environment or violates the library’s Standard of Conduct Policy. • In violation of another’s intellectual property rights. The printer will not be used to reproduce material that is subject to copyright, patent, proprietary, or trademark protection. Page 70 Item 6. Last Updated: April 30, 2024 September 10, 2024 21 The library reserves the right to refuse any 3D print request. Cost of printing is set by Town Ordinance at $1.00 per hour of printing. Payment is due at the time of pickup of the object. Items must be picked up within five (5) business days or they will become property of the library and will be disposed of. The patron will still be responsible for the cost of printing the item and the charges will be added to the patron’s library account. Disclaimer In consideration for the privilege of using the library and for having access to the information contained in it, library patrons hereby release and hold harmless the Town of Prosper, its officers, agents, servants, or employees, the library, its staff, volunteers, representatives, or advisors, from any and all liability or responsibility for any and all claims or expenses arising either directly or indirectly from the use of the library, whether or not caused, in whole or in part, by alleged negligence of the Town of Prosper, its officers, agents, servants, employees, volunteers, representatives, or advisors. Violation of Prosper Acceptable Use Policy Violation of any part of the Prosper Community Library Patron Acceptable Use Policy or failure to use the computer workstations appropriately and responsibly may result in the revocation of all computers and/or library privileges as determined by the Library Director. Unlawful activities will be referred to the appropriate legal authority and will be dealt with in a serious and appropriate manner. These policies incorporate by reference the following policies from the American Library Association (ALA) and the Texas Library Association (TLA): • The Library Bill of Rights • The Freedom to Read Statement • The Freedom to View Statement • The Texas Library Association Intellectual Freedom Statement Page 71 Item 6. Last Updated: September 10, 2024 1 Prosper Community Library Policies Mission Statement To inform, encourage, engage, and entertain citizens by providing resources and services that respect individuals and ideas, inspire life-long learning, and build community. The library upholds and supports the “Library Bill of Rights.” Purpose of Policy This document states the policies and plans governing the Prosper Community Library. Hours of Operation The library's hours of operation are intended to serve the needs of the greater community. Hours of operation of the library facility will be recommended by the Library Director and Library Board, with approval of the Executive Director of Community Services, Town Manager, or Town Council. Hours of operation are dependent upon budget, staffing levels, and usage patterns. Hours may be modified, reduced, or extended depending upon these factors. Business hours are subject to change due to town recognized holidays, emergencies, inclement weather or by other library actions. Circulation Policy Borrowing materials from the Prosper Community Library is a service and a privilege extended by the Town of Prosper to facilitate the use of its library materials, programs, and space. The Library Director is authorized to promulgate and enforce such rules, procedures, and limitations as may be necessary for the protection of the town's library property as well as for the widest and best use of the materials and space. This includes limiting by type, subject, format, quantity, and time the materials which may be circulated. The library is also authorized to establish rules, procedures, and parameters for the provision of borrower registration privileges, library card uses, and the renewal of privileges. Misuse, abuse, or neglect of returning library materials repeatedly may result in forfeiture of library membership. Patron Registration Any taxpaying resident of the Town of Prosper, upon completion of an application, proof of identification and Town residency, is eligible for free library membership. Identification will be a valid US or Texas government photo. Proof of residency will be confirmed through CAD (County Appraisal District). In lieu of an expired or invalid government issued photo ID card and/or CAD verification, some form of official photo identification and, a lease/home closing documents and/or most current utility bill (i.e., water/sewer, gas, electric) may suffice. There are two (2) categories of membership to obtain library cards: • Free permanent as well as limited memberships are available to those who can document* that they live in a household that receives/pays a Town of Prosper utility bill and the CPR/C48 (Prosper Town) tax. o In-person renewal is required bi-annually (every 2 years). • Paid memberships apply to those who do not pay a Town of Prosper utility bill or the CPR/C48 Page 72 Item 6. Last Updated: September 10, 2024 2 (Prosper Town) tax. The cost is $50 per library card holder annually. o In-person membership renewal and payment are required annually. Acceptable Residence Verification Documents: There are two primary ways to prove residency: 1. Present a valid/non-expired government issued photo identification indicating your correct address. 2. If the photo ID does not indicate applicant’s correct address, the applicant will also need a paper or digital utility bill (water, sewer, gas, electric) indicating services to the place of residence in addition to a photo ID. o If the applicant is a new resident and has not yet received a utility bill, closing documents or rental/lease agreement indicating place of residence will suffice. Purchase contracts are not accepted. Collin or Denton County’s Appraisal District databases may be referenced to determine which city or town the applicant pays their taxes to. These databases can be found at www.collincad.org/ or www.dentoncad.com/. Non-residents must pay an annual membership fee of $50 per card. Identification requirements are the same for a resident. Membership is non-refundable and is not prorated. A Temporary Membership may be obtained with other forms of identification. See library staff for qualifications and rules for this type of adult membership. By applying for a library card and the associated privileges, the individual agrees to abide by all policies and rules of the library and acknowledges responsibility for all items checked out on the card including reasonable care and protection from damage. By use of the library card the patron agrees to pay for any lost or damaged materials checked out on the card as well as any fees assessed on the account. The patron also agrees to promptly notify the library if the card is lost or stolen. The parent accepts legal responsibility for the child's use of the library and all materials checked out on the child's card, including charges for lost or damaged materials or any library fees assessed on the account. Individuals who have attained the age of eighteen (18) are an adult as to library usage and may assume the responsibilities which accompany the obtaining of a library card by applying for their own separate card. This does not relieve the parent/guardian of any obligations that are incurred by their minor child, as defined by and under the laws of the State of Texas. The library reserves the right to verify identity and confirm patron information at any time. Membership may be terminated for intentionally falsifying personal information. Page 73 Item 6. Last Updated: September 10, 2024 3 Borrowers holding a valid library card must present their own card at the time they wish to check out materials; however, a family member or designated individual is permitted to check out materials on another member's card if they have possession of that card. Positive identification may be requested for verification purposes. A patron may not check out items on a card they do not hold in their possession by any other means. Circulation Procedures Borrowers in good standing regarding overdue/lost items and whose accounts are clear of fees, charges, or other restrictions will be permitted to check out materials for the time specified for those materials. • Patron may check out up to twenty (20) items maximum per card. • Materials are loaned for a period of two (2) weeks. • One (1) kit maximum per card. • Library materials should be returned on or before the due date. If they are not returned by the due date, they will be considered overdue. • Patrons are responsible for all materials that are checked out on their account. • Once an item becomes overdue, patrons will receive overdue notices via email and the patron’s account will be restricted until all items are returned and borrowing privileges will be suspended. • E-books are available with a library card in good standing through the library’s electronic materials providers in accordance with their contracted use policies. Up to five (5) items may be checked out at one time, each for a maximum of two (2) weeks. Items may not be renewed, but they may be returned and checked out again if not on hold for another patron. A hold may also be placed on items that are not currently available for checkout. Holds/ To Go Service Prosper Community Library permits patrons to place a hold on certain designated types of materials. A maximum of 10 holds may be placed per library card. If a library card already has 20 items checked out, it will not allow holds to be checked out until enough items are returned to allow for the holds to be checked out. When the hold item becomes available, the items will be checked out to the patron and the patron will be notified and given three (3) library business days to pick up the item(s). When holds are repeatedly not picked up, the library will restrict the card and all associated cards for future holds due to abuse. This restriction is irrevocable by library staff and the Library Director. New cards may not be issued to circumvent the abuse block. Renewals Items may be renewed one time unless a hold has been placed on the items. • Renewals should be made online by the patron through their account’s login the day before the item is due. • Once an item is overdue, renewal may no longer be possible due to repeated overdue/abuse of the library’s lending policy, at which time the item(s) must be returned to the library and made available for other patrons. Page 74 Item 6. Last Updated: September 10, 2024 4 • Patrons may not circumvent this renewal policy by checking an item in only to check it out again. Library Fines/Replacement Costs for Lost/Damaged Materials: Library materials that are returned in a damaged condition are evaluated according to current library guidelines. Minor damage may be repaired so that the material may continue to be used. Significantly damaged or missing pieces to items will remain in the patron’s account until the missing piece(s) has been returned and will be withdrawn from the collection and replacement cost and fee assessed. • The replacement cost of library materials will be charged to the patron for a lost or damaged item. • Items may NOT be purchased by a patron and brought to the library to replace an item they lost or damaged. • The patron will be charged a $5.00 processing fee in addition to the assessed value of the item. • A $5.00 processing fee will be charged to an account for each items returned missing its barcode, spine label, or protective covering. • Individual replacement fees are assigned to patron’s account for missing/damaged DVD cases, audiobook cases, kit cases, and backpacks. • Patrons and their dependents who owe a fine or have lost overdue materials will not be allowed to check out items or renew membership until all fees are paid. • Borrowing privileges may be suspended or forfeited for repeated overdue or damaged items or neglect of following library policies. • A refund may be issued if lost item is found and returned to the library in the same condition it was borrowed within 30 days of payment. Abuse of this policy will result in forfeiture of this refund policy. Computer Assistance by Library Staff The library provides computers and wireless access as a resource to the community and expects patrons to use them independently. Library staff does not provide one-on-one training on how to use the computers, websites, or computer programs. Library staff does not provide technical services for gaining access to the wireless network for personal computers brought into the library, cell phones, electronic reading devices, or other personal devices. Patron Confidentiality Prosper Community Library supports intellectual freedom for everyone and has established these regulations to protect personal identifiable information contained in library records accessible in the library or through its computer systems. • Patron records are regarded as confidential by library employees. Library staff will not discuss contents with others. • Library staff will access patron records to conduct library business only. • Library staff will seek counsel from the Town’s Attorney before responding to any request by Page 75 Item 6. Last Updated: September 10, 2024 5 a third party for personally identifiable information about any user. Such information includes database search records, reference interviews, electronic requests for information, circulation records, and other personally identifiable uses of library materials, facilities, or services. • A person who presents a library card belonging to another individual for any purpose is not granted access to the confidential records associated with the library card unless that person is the parent or guardian of the minor card holder. Study Rooms The library has limited study room space. As a result, this policy is in place to create fair access to these spaces. Study rooms may be used on a first come, first served basis. Study Room Use: 1. Patrons (adult or juvenile) must have a valid Prosper Community Library card in good standing. 2. Member users must check-out the room via presentation of their library card or photo ID. 3. Study rooms may be utilized for two hours on a first come, first served basis. After two hours, the occupants may continue to use the space provided no one requests the space. The room in which the occupant has used the room the longest will be the first required to vacate. 4. If a study room is not available upon arrival, the patron will be informed as to when one will be available. 5. If a study room is not available, a patron may sign up to be next in line and must remain in the library to wait their turn. 6. Any study room left unattended for more than 15 minutes will be considered vacant and available for use by others. Unattended items will be placed in the library’s lost and found. 7. The Prosper Community Library assumes no responsibility for either library or personal possessions left in the study room. 8. Light pre-packaged snacks and drinks in covered containers are allowed. Proper disposal of aforementioned items is required upon vacancy. 9. Reservations are not taken for study rooms. No phone or email requests are allowed. Requests can only be made in person at the time of use. 10. No one under the age of 13 years old may utilize a study room without adult supervision, nor use the room alone. 11. Maximum of four individuals may occupy a study room at one time. 12. In the case of groups (four or less) using the room, one person will represent the group for its tenure in the room. Consecutive, hourly signups by other persons of the same group are not allowed. 13. White board marker kits are available at the reference desk to use. No markers, other than the library’s, are allowed to be used on the white boards. 14. Disruptive behavior will lead to a loss of access to the study room(s). Noise should be held to a reasonable level as the rooms are not soundproof. 15. Teleconferencing and/or phone calls are allowed as long as the volume is not considered disruptive or intrusive as the rooms are not soundproof. 16. Study Rooms are not available to be used for any of the following: a. For purposes prohibited by town ordinance, by state or federal law, or Library Policy. Page 76 Item 6. Last Updated: September 10, 2024 6 b. For commercial advertising or direct solicitation of clients or customers. c. For fund-raising. d. For events which directly profit the business of a commercial organization or individual. 2nd Level Conference Room/Quiet Room The 2nd Level Conference/Quiet Room serves a maximum of eight (8) people for the purpose of allowing individuals or small groups to meet or to have a quiet workspace. It cannot serve both roles (conference and quiet space) at the same time, and therefore can only be one or the other at any given time. Used as a Conference Room: The intent is to accommodate activities such as discussion groups, panels, small lectures, or meetings. Social events are not permitted. 1. Conference Room must be reserved by an adult via a Prosper Community Library card in good standing. Card holder must be in attendance of the meeting taking place in the conference room. 2. Reservations must be made in person and no more than one week in advance. No phone or email reservations are accepted. 3. A maximum of 8 people may use the room at any time. No additional seating may be taken from the library and relocated into the room. 4. Attendees must be at least 15 years old. 5. Conference room may be reserved for a maximum of two hours. 6. White board marker kits are available at the reference desk to use. No markers, other than the library’s, are allowed to be used on the white boards. 7. Light snacks and drinks in covered containers are allowed. Proper disposal of aforementioned items is required upon vacancy. 8. The library will not provide computers, projectors, or other electronic equipment. Nor does the library provide personnel to assist in technical support, room set up/take down, or other materials needed by groups using the conference room. 9. Disruptive behavior or group activities which may cause a disruption to regular library operations will lead to an immediate loss of access to the conference room. 10. Chairs and tables exclusive to the room are provided by the library and restoring to original furniture set up is the responsibility of the user. 11. Meetings taking place near the end of the library operating day must be completed, cleaned up and vacated 10 minutes before the end of the reservation/close of library. 12. Conference Rooms are not available to be used for any of the following: a. For purposes prohibited by town ordinance, by state or federal law, or Library Policy. b. For commercial advertising or direct solicitation of clients or customers. c. For fund-raising. d. For events which directly profit the business of a commercial organization or individual (including professional tutoring services). 13. Solicitation or sales of products and services is prohibited. Charging fees, selling items, charging fees for attendance, or a requirement to purchase materials is not allowed. Page 77 Item 6. Last Updated: September 10, 2024 7 Used at a Quiet Room: When not reserved for a meeting, this space is intended for quiet study or reading. 1. Furniture set up is not to be adjusted. 2. Light snacks and drinks in covered containers are allowed. Proper disposal of the aforementioned items is required upon vacancy. 3. Foods that emit smells are prohibited. 4. Cell phones must be set to silent, and all calls taken outside the library. 5. Group study or work are considered a meeting and should be booked as such. Minimum number of 4 people are required to reserve the conference room for that use. 6. Room reservations will be posted on the entrance to the Conference Room/Quiet Room and occupants will be given a 10-minute notice to vacate 5 minutes before the next scheduled reservation. 7. Occupants must be 13 years of age or older. Collection Development Prosper Community Library seeks to fulfill its mission by selecting, acquiring, organizing, preserving, maintaining, and providing access to a collection of materials in the most current formats available, including electronic resources. The collection will address the interests and needs of the diverse community it serves in a format that is best suited to meet those needs and interests. Materials Selection Policy This policy guides the development and continuous evaluation of library materials to reflect Prosper Community Library’s mission to inform, encourage, engage and entertain citizens by providing resources and services that respect individuals and ideas, inspire life-long learning and build community. Prosper Community Library provides library materials in a variety of formats that: • Inform the public of timely issues and timeless ideas. • Encourage people to discover, create, and learn. • Engage citizens to explore diverse opinions and conduct research on topics of interest. • Entertain all ages seeking recreation and leisure. 1. Philosophy and Objectives Prosper Community Library’s service commitment is to the people within its service area, including people of every age, education, background, personal philosophy, religious beliefs, occupation, economic level, ethnic origin, and human condition. The library upholds the right of the individual to secure information, even though the content may be controversial, unorthodox, or unacceptable to others. To represent the diversity of thought within the Prosper community, materials available in the library encompass a variety of viewpoints enabling citizens to make the informed choices necessary in a democracy. The library does not endorse beliefs or views, nor does the selection of an item express or imply an endorsement of the viewpoint expressed by the author. Prosper Community Library encourages free expression and free access to ideas, both essential Page 78 Item 6. Last Updated: September 10, 2024 8 elements in a democratic society. The library supports the individual’s right to access ideas and information representing all points of view. The library subscribes to the principles of the American Library Association’s “Library Bill of Rights,” the “Freedom to Read Statement,” and the “Freedom to View Statement,” which are included as appendices to this policy. The collection contains information on a variety of subjects and views and is organized to provide free access to patrons within the limitation of space and budget. A complete collection of all that is published is not a realistic goal. However, the library strives to create an attractive, current, and balanced collection representing all fields of knowledge and all sides of issues in an unbiased manner. 2. Responsibility The authority and responsibility for the selection of library materials rests with the Library Director. Library card holders may recommend materials for consideration through the library’s membership software. 3. Collection Structure The placement of materials within the library is determined by several factors. The library uses the Dewey decimal classification scheme which divides materials by subject. Professional catalogers use Dewey and Library of Congress subject headings to place materials into the proper subject areas and assign them to Adult, Young Adult, Juvenile, Reference, or other specific areas of the library. 4. General Selection Criteria Prosper Community Library seeks to develop an outstanding collection within the constraints of budget allocations and shelf space. Materials purchased for the collection are not an endorsement by the library of either the content or viewpoint presented in them. The library provides, within its financial and space limitations, a general collection of materials embracing broad areas of knowledge, as well as literary and cultural genres. Included are works of enduring value and timely materials on current issues. Within the framework of these broad objectives, selection is based on community demographics and evidence of areas of interest. Collections are reviewed and revised on an ongoing basis to meet contemporary needs. Collections are current and popular, not archival, and materials are not needlessly duplicated. Collections provide general coverage of subjects and reflect the characteristics of the community. Materials are withdrawn from the collection to maintain the collection’s usefulness, timeliness, and relevance. To build and maintain a collection of merit, materials are evaluated according to one or more of the following criteria. Not all criteria must be met and no one criterion will be decisive. Additional criteria may be used to select materials for specific collections. • Current and relevant to community needs and interests • Suitability of subject and style for intended audience • Attention of critics and expert reviewers • Cost in relation to value to the collection • Comprehensiveness • Skill, competence, purpose of author Page 79 Item 6. Last Updated: September 10, 2024 9 • Reputation and significance of author • Objectivity • Authenticity of history or social setting • Consideration of the work as a whole • Representation of diverse point of view • Suitability in physical form for library use • Technical quality • Local or national significance • Legal or licensing rights • Adheres to accreditation standards set by TSLAC 5. Selection Tools Among the selection tools used by the Library Director and library staff include professional library journals, trade journals, subject bibliographies, publisher’s reputation, promotional materials, and reviews from reputable sources. Since the Library collection reflects the unique community culture of Prosper, consideration is also given to materials requested by citizens of the community. Circulation history, statistics, and books in series will determine additions to the collection as well. 6. Excluded from selection: • Textbooks and curriculum-related works unless they are considered useful to the general reader as introduction to a subject and their presentation is superior to other sources. • Scholarly and technical materials that are carried by academic or specialty libraries. • Items having removable media such as memorabilia, patterns, stickers, sound, or toys. • Items that have moveable parts such as flap book, tactile learning, or manipulatives (with the exception to items deemed “kits.”) • Puzzles or workbooks that encourage filling in blanks. • Materials that are publicized solely through infomercials or personal websites. • Self-published/subsidy published materials unless they are reviewed in established publications. • Rare book: Since it is the public library’s function to make materials available to all users, the Prosper Community Library does not collect rare or unusual materials that require special handling. Rare publications pertaining to Prosper or Texas history will be given to the Prosper Historical Society or another appropriate institution for preservation and protection. • Genealogical materials. Collection Responsibilities Responsibility for the collection rests with the Library Director, who operates within the framework of the Collection Development Policy. The Library Director delegates to staff members authority to interpret and apply this policy in daily operations. All staff contributes to the development of collections driven by patron needs and expectations by: Page 80 Item 6. Last Updated: September 10, 2024 10 • Engaging in open, continuous communication with patrons. • Handling all requests equitably. • Understanding and responding to continually changing demographics as well as societal and technological changes. • Recognizing materials of varying complexity and format necessary to satisfy diverse needs. Town of Prosper Community Room Community Room reservation requests may be made through the Town of Prosper website: prospertx.gov/187/community-room-reservations. The Library does not manage room reservation bookings. Collection Maintenance The library keeps its collection vital and useful by withdrawal and replacement of essential materials, and by removing those works that are worn, outdated, unnecessary duplicates, or no longer in demand. The library uses the Texas State Library and Archive Commission’s CREW Method (Continuous Review, Evaluation, and Weeding) for guidance when reviewing collection. Donated Materials The library is not accepting donations of any kind at this time. Purchase Requests Purchase suggestions from patrons provide librarians with useful information about local interests or needs not currently met by the collection. The librarians evaluate requests for specific items in accordance with the established selection objectives and criteria. If the item is not added to the collection, the patron may have an opportunity to borrow the items through Interlibrary Loan. Local Author Donation A Local Author Donation form must be completed and submitted to the library. The Local Author Donation Committee will review the application and notify the donor of its determination. Forms are available in the library only. Public Notices and Non-Library Materials Only information created/published by the Town of Prosper and Prosper Community Library may be displayed or distributed in the library. Reconsideration of Materials Prosper Community Library believes that censorship is a purely individual matter and declares that, while any person is free to reject for themselves materials of which they do not approve, they cannot exercise this right of censorship to restrict the freedom of others to read, view, listen, or inquire. The Prosper Community Library subscribes to the American Library Association’s “Library Bill of Rights” and has set these regulations in place to assist in fulfilling the library’s mission to serve the residents of Prosper. Page 81 Item 6. Last Updated: September 10, 2024 11 Any patron who is a resident of the Town of Prosper and holds a library card in good standing from the Prosper Community Library is encouraged to speak with library staff if they have questions about the library’s collection development policies. If a resident’s concern is not satisfied through discussion with library staff, the resident may create/write a letter titled “Recommendation for Reconsideration of Materials Letter” and send it to the Library Director. For a Recommendation for Reconsideration of Materials to be considered by the library administration, it must meet the following criteria: • The patron must be a Town of Prosper resident (Town of Prosper [CPR/C48] taxpayer) and hold a library card in good standing from the Prosper Community Library. • The recommendation letter must be submitted to the Library Director. The Library Director will respond directly to the patron or refer the recommendation to the library administration and Library Board for review. The Library Board and administration will review the recommendation and prepare a report to the Library Director. This report will determine whether the materials in question continue to meet the selection criteria of the library, and the Library Director will utilize this report in providing a response to the patron. The review process will be completed within thirty (30) days from the date the Recommendation for Reconsideration of Materials letter is received by the Library Director. Interlibrary Loan Interlibrary Loan (ILL) is a service that allows Prosper Community Library card holders access to materials in the collections of other libraries by request. If the materials a cardholder desires are not available in the Prosper Community Library’s collection, library staff can attempt to borrow it via the ILL system. An ILL request form must be submitted and the return shipping fee determined by current USPS fee schedule, will be charged to the patron’s account upon the library’s receipt of the item. This fee must be paid regardless of whether the item is ever picked- up by the patron. Cancellation of the ILL request does not negate this fee. Availability and speed of service is solely dependent on the ILL request software system, lending library processing, and USPS delivery timelines. Children in the Library The Prosper Community Library provides a warm, welcoming, exciting, and safe environment for people of all ages. Responsibility for the safety and behavior of children in the library rests with the parent or caregiver. The safety of children left alone in the library is a serious concern of the library staff. Library staff cannot monitor the behavior and safety of children using the library. Children under the age of 8 must be physically with an adult parent/caregiver. Parent/caregiver must attend and be engaged in programs with the child as well. Page 82 Item 6. Last Updated: September 10, 2024 12 Children under the age of 13 must be accompanied by a parent, designated guardian or caregiver of at least 16 years of age. If a child under the age of 13 is in the library, a parent/caregiver must be in the building and aware of the location and behavior of the child. Children ages 13 - 17 may use the library on their own and are expected to comply with all library rules and the Prosper Community Library Standards of Conduct Policy. Parents/caregivers are still, however, responsible for the behavior of their children. If children do not comply with library rules and the Prosper Community Library Standards of Conduct Policy, library staff may ask them to leave the library and the parent/guardian or police may be contacted. Unattended/Abandoned Children after Closing Time Children under 13 are to be always supervised while at the library. The library is not responsible for children without transportation at closing. Library staff will exercise appropriate procedures to ensure the safety of unattended children when the library is closing. Parents/caregivers are responsible for being aware of the library’s hours of operation. Parents/caregivers must also keep in mind that the library may close unexpectedly for reasons out of the control of staff, such as a power outage, inclement weather, etc. If no one has arrived for the child within ten (10) minutes after closing time, the staff will call the Prosper Police Department. Two library staff members will wait for the police with the child. Once the police arrive, the child will be turned over to the Prosper Police, and the library staff members will no longer be responsible for the unattended child. Orientation/Tours Private group tours are available by scheduling directly with the Library Director. Exam Proctoring The Prosper Community Library does not offer proctoring services. Page 83 Item 6. Last Updated: September 10, 2024 13 Standards of Conduct Policy Purpose The purpose of this policy is to establish standards of conduct for the comfort, safety and protection of library patrons and library staff. Library staff will firmly and courteously enforce these rules. The library expects each patron’s cooperation in maintaining an environment conducive to enjoyable use of the library for all. Conduct Policy Those using the library are responsible for conducting themselves and minor children in their care in a manner that does not threaten the safety, disturb, or interfere with the right of any other patron or with library employees’ performance of their duties. Visitors, while in the library, shall be engaged in activities normally associated with the use of a library such as reading, studying, using library materials, attending programs/events, or other appropriate activities. The library reserves the right to restrict a person’s use of the library if they violate the Prosper Community Library Standards of Conduct Policy. Standards Improper conduct is prohibited while on library premises, including but not limited to: 1. Behavior that is abusive, threatening, or intended to intimidate another person. 2. Damaging or vandalizing library facilities, equipment, or materials. 3. Using abusive, obscene, or profane language. 4. Abandoning, neglecting, or leaving children under the age of thirteen (13) unattended by a parent or authorized caretaker or otherwise violating the Children in the Library portion specified in the policy document. 5. Arriving late (more than 5 minutes) to a children’s library program or being disruptive during a program. 6. Using or being under the influence of any intoxicant, narcotic, or similar substance while in the library building or on library grounds. 7. Using tobacco products, including e-cigarettes. 8. Offensive bodily hygiene that constitutes a nuisance to others. 9. Inappropriate attire, i.e., attire including swimsuits, revealing or filthy/odorous clothing, etc. (Shirt/top, pants/skirt/shorts, shoes/sandals/etc. are required and must be worn at all times.) 10. Selling, soliciting, or panhandling. 11. Gambling. 12. Lying on the floor or sleeping. 13. Blocking library entrances or exits. 14. Petitioning, proselytizing, soliciting, or selling merchandise or services without written permission from the Library Director. 15. Removing library materials without following proper checkout protocol. 16. Moving other patron’s items without their permission. 17. Causing noise that interferes with patron use of the library, including but not limited to the playing of audible electronic devices or engaging in loud or disruptive conversations. Page 84 Item 6. Last Updated: September 10, 2024 14 18. Audible sound coming from an electronic device. (Earbuds or headphones must be worn such that residual sound cannot be heard.) 19. Audible cell phone notifications. (Cell phones must be put on silent or vibrate mode.) 20. Phone conversations. Cellular phone calls must be brief and non-disruptive to library patrons. Patrons are encouraged to take phone calls outside of the library. 21. Excessive noise of any kind. The library expects patrons to be respectful of other patrons’ ability to concentrate and focus while utilizing the library’s resources. 22. Consuming food or drink on the library premises except in authorized situations (drinks are allowed in closed containers only). 23. Bringing in any animals except service dogs. 24. Entering library with bicycles, roller skates, roller shoes, scooters, skateboards, or other similar devices. 25. Monopolizing library space, seating, tables, or equipment to the exclusion of other patrons or staff as determined by library staff. 26. Leading or conducting a program or event in the library without Library Director’s prior approval. 27. Harassing a patron or staff member through noisy or boisterous activities, staring at or following another person with intent to annoy that person, or fighting physically or verbally. 28. Refusing to follow reasonable direction from library staff, including but not limited to leaving the library during normal closing procedures or during an emergency evacuation. Program Etiquette For the enjoyment of all attendees, arriving on time, participating, interacting, and refraining from socializing (phone and in person) is expected during the event. Ticketed entry for programs is for card holders or their designated users as a guardian (nanny, grandparent, etc.) Non-members may not utilize member’s cards for program access. Library patrons who choose not to follow the Library’s Standards of Conduct Policy, will be asked to correct the unacceptable behavior. If the behavior continues, that patron will be asked to leave. Prosper Police Department will be called if the patron refuses to leave. Responsibility and Authority Final responsibility and authority for maintaining acceptable standards of conduct in the library rests with the Library Director, who will operate within a framework of policies and procedures adopted by the Town. The staff will operate under the Library Director’s delegated authority. The library is authorized to develop such procedures, guidelines, and rules as may be necessary to carry out these policies. Further, the library is authorized to utilize appropriate technologies to address the implementation of these policies. Lost and Found Prosper Community Library assumes no liability for the personal possessions of patrons using the facility or items left at the library. As a public service, the library does maintain a lost and found. All items found by the library staff will be taken to and stored for two weeks in the library workroom area. Page 85 Item 6. Last Updated: September 10, 2024 15 When a lost item provides information regarding the possible/potential owner, library staff will attempt to contact the owner. Flash drives found in the library will not be viewed for any reason by staff and will be disposed of at the close of the day lost/left. Items that pose a potential health risk are disposed of immediately. Lost items will be kept for 30 days before being discarded. Emergency Situations Fire In the event of a fire, library staff will sound the fire alarm, report the fire to 911, and ask everyone to evacuate the building. Sudden Inclement Weather In the event the Town sounds its Emergency Sirens, staff will instruct/require library occupants to move and occupy its first-floor interior restrooms until safety authorities lift the emergency protocol. Medical Emergencies In the event of an ill/injured patron, library staff will respond positively with any reasonable help. If the ill/injured person is unable to make a call, the library staff will assist in notifying their requested person or call 911 if necessary. Patron Confidentiality Prosper Community Library is committed to the protection of all library patron’s right to privacy in the use of library resources and discloses patron information to the patron only. In regard to minors, information may be disclosed to the registered parent/guardian listed on the account. Library records will only be disclosed under court order, subpoena, or warrant as outlined in state statue, Texas Government Code, Section 552.124 and the surveillance provisions included in the USA PATRIOT ACT (Public Law 107-56). Page 86 Item 6. Last Updated: September 10, 2024 16 Prosper Community Library Patron Acceptable Use Policy For Internet and other Technology-Related Items Services Available Typical services may include Internet access, computer applications such as word processor, spreadsheets, database access, children’s educational and software applications, and other technologies as they become available. Services may be added and deleted as decided by the Library Director. The library’s electronic services are not intended to provide access to every software or hardware application or to every source of information available. The library does not offer email accounts but allows access to free email providers on the Internet. Information on the Internet is not necessarily current, accurate, or complete. While valuable information is available on the Internet, some may be obscene, patently offensive, or harmful, especially to minor children, as defined by applicable state and/or federal laws. For purposes of this policy, minors are defined to include all individuals under the age of eighteen (18) years. Since the Internet makes accessible a rapidly changing array of resources, it is not possible for the library to control or monitor content on a regular basis. The library utilizes software that blocks sources on the Internet that are obviously inconsistent with the library’s mission. This does not fully guarantee that individual users are protected from accessing information they personally deem undesirable or disturbing. Be advised that filtering software is not foolproof; it diminishes the likelihood of seeing offensive material on the Internet but does not eliminate the possibility. User information is deleted after logging off and each evening software resets the computers to default library settings clearing all cached data from that day. Internet Access Library electronic resources are for educational, informational, and appropriate recreational purposes only. The library takes precautions to restrict access to controversial materials. However, a global network is impossible to control. Any user may access a website that is potentially controversial. We firmly believe that the valuable information and interaction available on the Web far outweighs the possibility that users may access material that is not consistent with the goals of the Prosper Community Library. Although the library provides access to electronic information, this does not imply sponsorship or endorsement. It is the responsibility of the patron, parent, or guardian to determine the accuracy, appropriateness, and usefulness of information accessed through electronic resources. The Prosper Community Library assumes responsibility only for the information found on the Town of Prosper website. Restriction of a minor's access to, or use of, electronic resources is the responsibility of the minor's Page 87 Item 6. Last Updated: September 10, 2024 17 parents or legal guardians. The library is not responsible for the content of electronic resources to which its patrons link, for the content of sources accessed through secondary links, or for the previous patron’s search history. Patrons should expect no privacy when using electronic resources provided by the library whether accessed from an external site or internally, as these are public computers used in a public place. Neither the Town of Prosper nor the Prosper Community Library can be held responsible for losses or liabilities, direct or indirect, incurred using electronic resources provided by the library. The library is not responsible in any way for a personal electronic device brought into the library. The library does not guarantee the availability of electronic resources. Ages, Registration & Time Limits 1st floor: • 1st floor Internet computers require a library card to sign in. • Children twelve (12) and younger are to use the 1st floor computers. Adults and teens assisting a child may utilize the computer in this area only if they child is with them, and they are working on an activity with the child. • AWE computers are first-come first-served and do not have time limits. Headphones must be worn during use. • Earbuds or headphones must be worn any time sounds are emitted from computer. 2nd floor: • Computers on the 2nd floor are intended for adult use, but if utilized by a child under the age of 13, they must be under the immediate guidance and supervision of their parent or guardian. • Portable devices may be used in the Teen area by children ages thirteen (13) – seventeen (17). • Earbuds or headphones must be worn any time sounds are emitted from computer. All computer workstations are available on a first-come, first-served basis. Time limits may be imposed on all computer workstation use. Time limits may vary depending on available computers and waiting patrons. Use by Children/Minors Children’s Internet computer access on 1st floor requires library card login. Parent/guardian signing minor in assumes responsibility for use. Although the library has a filter in place to uphold the Children’s Internet Protection Act (CIPA), the library nor its staff is responsible for assuring the appropriateness of information accessed by children. Adult assumes responsibility of cost of printing from children’s computers at $0.20 per page. Prosper Community Library Computer and Internet Use Policy 1. Parents, guardians, and caregivers are responsible for monitoring their children’s use of the Page 88 Item 6. Last Updated: September 10, 2024 18 library computers, access to the Internet, and the information accessed by minors. 2. Reasonable care of the computers by the user is expected. Misuse of computers will result in loss of computer privileges. 3. Library staff may assist the user in accessing the Internet and appropriate printing devices but cannot provide in-depth assistance and/or training. 4. The charge for printing is $0.20 per page (color or black & white) and must be paid at the time of printing. Exact change is required. Credit cards may be used for printing equaling $3.00 or more. 5. Printers are not available via wireless connections from library portable devices or personal devices. 6. Users may not store materials on the hard drive of any computer owned by the library. Users are expected to store materials using their own peripherals, e.g., flash drive. 7. Use of any information or materials on sites you access is entirely at your own risk. 8. Users will not perform any of the following acts: a. Attempt to access devices or resources to which you have no explicit, legitimate rights. b. Copy, reproduce, or transmit any copyrighted files or information other than in accordance with the requirements and allowances of the copyright holder. c. Launch network attacks of any kind including port scans, DoS/DDoS, packet floods, replays or injections, session hijacking or interception, or other such activity with malicious intent. d. Transmit malicious software such as viruses, Trojans, and worms. e. Surreptitiously install software or make configuration changes to any device or application, by means of the installation or execution of key loggers, registry keys, or other executable or active application or script. 9. Users will use the access provided here responsibly and with full regard to the safety, security, and privacy of all other users, devices, and resources. 10. Users will be mindful of the cultural sensitivities of others while using this portal so as not to provoke reaction or offense, and will not intentionally access pornographic, graphically violent, hateful, or other offensive material (as deemed by the Town) regardless of others' sensitivities. 11. Users understand that unauthorized use of resources through this portal may give rise to a claim for damages and/or be a criminal offense. 12. As with most public internet connections, the library’s internet connections, especially via wireless connections are not guaranteed to be secure. Caution should be exercised when using the library’s computers. Wireless users should not transmit their credit card information, passwords and any other sensitive personal information while using any wireless connection. The library will not be responsible for any personal information (e.g., credit card) that is compromised. Restarting the computer at the end of use will erase all data from that station. 13. The library will not be responsible for any damage caused to your hardware or software due to electric surges, security issues or consequences caused by viruses or hacking. All wireless access users should have up-to-date virus protection on their personal portable devices, computers or wireless devices. Page 89 Item 6. Last Updated: September 10, 2024 19 14. The library reserves the right to log or monitor traffic to ensure that these terms are being followed as directed by Town of Prosper legal counsel. 15. Misuse or unauthorized use of Library computers and information resources will result in revocation of library privileges. User privileges can and will be revoked upon any violation of this policy. The library staff in charge has full authority to disallow further usage of workstations. Any appeal for reinstatement of privileges must be made through the Library Director and Information Technology Director, with whom the final decision will rest. Usage that encroaches upon standards set by law will be dealt with appropriately and firmly. Federal, state, and local laws concerning these matters will be upheld, and violators may be subject to prosecution. Wireless Use Library visitors who bring their own devices to the library may access the Internet through a wireless network. Library wireless users are required to adhere to the same expectations as outlined in the Computer and Internet Use Policy. Users are encouraged to utilize anti-malware and virus protection on their personal electronic devices. The library cannot assure that data or files downloaded by users are virus-free. Users agree to indemnify the library for copyright infringement conducted using the library’s wireless network. The library is not responsible for damages to equipment or data on a user’s personal computer from the use of data downloaded from the Library’s Internet service. Hotspot usage policy and electronic device agreement Prosper Community Library has established a Wi-Fi hotspot lending program to provide patrons in our community with high-speed internet access. With this program, students can use the Internet for help with homework and projects, employees can have reliable internet access to meetings and presentations, and patrons can have home access to the library’s digital resources such as our databases, catalog, and eBooks. Patrons can take advantage of our Wi-Fi hotspot lending program with a current Prosper Community Library card. The library is not responsible for any liability, damages or expense resulting from use or misuse of the device, connection of the device to other electronic devices, or data loss resulting from use of device. Any use of the device for illegal purposes, unauthorized copying of copyright- protected material in any format, or transmission of threatening, harassing, defamatory or obscene materials is strictly prohibited. Hotspots may not leave the continental United States nor be used internationally. Wi-Fi hotspots may be borrowed by card holders ages 18 and above with a library card in good standing. Checkout is limited to one per household at any given time. The library reserves the right to refuse service to patrons who abuse equipment or who are late in returning items. Page 90 Item 6. Last Updated: September 10, 2024 20 Wi-Fi hotspots are available at the Circulation Desk on a first-come, first-served basis. They may not be reserved or placed on hold. To borrow a hotspot, the patron must have their library card or valid government ID and must complete and agree to the Electronic Device Agreement. Once a hotspot is checked out to a patron, it becomes the responsibility of that patron. Hotspots are not intended to be a long-term internet solution. We reserve the right to implement restrictions if checkout is being abused. Hotspots may be borrowed for two weeks and may be renewed one-time within a 30-day period. They must be returned in person to the Circulation Desk, and never to another library, left outside the library door, or in the book drop. If a hotspot is not returned, or returned damaged, the borrower will be charged a replacement cost. If a device is not returned in a timely manner, civil and criminal action will be taken. If the borrower fails to pay the replacement cost for a lost device, their membership will be suspended until the account is clear. Copier/Printer The Prosper Community Library offers a printer/copy machine to the public. Printing is $0.20 per page (regardless of front/back or color/black and white). Payment for printing is due at the time of printing. Printing may not be placed as a balance fee on a library membership account. Cash or checks must be used as acceptable forms of payment for amounts less than $3.00. Credit card may be used for printing of $3.00 or more. 3D Printing The Prosper Community Library offers a 3D printer to library card holders. The 3D printer is intended to inspire all ages to create and innovate. Patrons eighteen (18) years and older and who have a current Prosper Community Library card may submit digital designs (currently in .stl) to be printed on the library’s 3D printer. Children under eighteen (18) years of age must be accompanied by a parent or guardian. The parent or guardian must sign a permission form and agree to payment of printing for each minor. Cardholder must be in good standing to submit a file for printing. The printer may only be used for lawful purposes and be for objects appropriate for a public library environment. No weapons of any kind shall be created on the printer. No patron will be permitted to use the library’s 3D printer to create material that is: • Prohibited by local, state, or federal law. • Unsafe, harmful, dangerous, or poses an immediate threat to the well-being of others. • Obscene or otherwise inappropriate for the library environment or violates the library’s Standard of Conduct Policy. • In violation of another’s intellectual property rights. The printer will not be used to reproduce material that is subject to copyright, patent, proprietary, or trademark protection. Page 91 Item 6. Last Updated: September 10, 2024 21 The library reserves the right to refuse any 3D print request. Cost of printing is set by Town Ordinance at $1.00 per hour of printing. Payment is due at the time of pickup of the object. Items must be picked up within five (5) business days or they will become property of the library and will be disposed of. The patron will still be responsible for the cost of printing the item and the charges will be added to the patron’s library account. Disclaimer In consideration for the privilege of using the library and for having access to the information contained in it, library patrons hereby release and hold harmless the Town of Prosper, its officers, agents, servants, or employees, the library, its staff, volunteers, representatives, or advisors, from any and all liability or responsibility for any and all claims or expenses arising either directly or indirectly from the use of the library, whether or not caused, in whole or in part, by alleged negligence of the Town of Prosper, its officers, agents, servants, employees, volunteers, representatives, or advisors. Violation of Prosper Acceptable Use Policy Violation of any part of the Prosper Community Library Patron Acceptable Use Policy or failure to use the computer workstations appropriately and responsibly may result in the revocation of all computers and/or library privileges as determined by the Library Director. Unlawful activities will be referred to the appropriate legal authority and will be dealt with in a serious and appropriate manner. These policies incorporate by reference the following policies from the American Library Association (ALA) and the Texas Library Association (TLA): • The Library Bill of Rights • The Freedom to Read Statement • The Freedom to View Statement • The Texas Library Association Intellectual Freedom Statement Page 92 Item 6. Page 1 of 1 To: Mayor and Town Council From: EDC Board of Directors Through: Mario Canizares, Town Manager Re: PEDC Budget FY 2024-2025 Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 5. Work Towards a Growing & Diversified Tax Base 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon adopting the FY 2024-2025 Prosper Economic Development Corporation budget. Description of Agenda Item: Section 21 of the Development Corporation Act of 1979 (Texas Revised Civil Statutes Article 5190.6), the “Act,” provides that the Town shall approve all programs and expenditures of the development corporation and shall annually review any financial statements of the corporation. It further provides that at all times the Town will have access to the books and the records of the development corporation. Additionally, Section 23(a)(13) of the Act states that the powers of the corporation shall be subject at all times to the control of the Town’s governing body. Budget Impact: There is no impact to the Town of Prosper’s General Fund as the Prosper Economic Development Corporation (Prosper EDC) is funded wholly by a half-cent of the local sales tax revenue. Since approved by Prosper citizens in 1996, the Prosper EDC has endeavored as its mission to “create jobs and capital investment” with the aim of expanding the local commercial property tax base and sales tax base, thereby lessening the property tax burden on homeowners. The PEDC Board of Directors approved the FY 2024-2025 Budget at their July 17, 2024, meeting. Attached Documents: 1. FY 2024-2025 PEDC Budget Town Staff Recommendation: The Prosper EDC Board recommends that the Town Council review and adopt the FY 2024-2025 Prosper Economic Development Corporation budget. Proposed Motion: I move to adopt the FY 2024-2025 Prosper Economic Development Corporation budget. Economic Development Corporation Page 93 Item 7. 8/6/2024 Final Approved/Amended Actual to Date PROPOSED FY 2022-2023 FY 2023-2024 FY 2023-2024 FY 2024-2025 REVENUES 800 4120 65 00 Sales Tax 4,771,035$ 6,121,611$ 4,562,501$ 6,800,000$ 800 4610 65 00 Interest on Investments 599,040$ 400,000$ 624,855$ 400,000$ 500 0000 65 00 Sale of Land -$ 500 0000 65 00 Contributions/Donations Revenue 800 4910 65 00 Other Revenue 28$ 500 0000 00 00 Operating Transfer In 500 0000 30 00 Gain/Loss on Sale - Auction Revenue 800 4920 65 00 Lease Proceeds 2,000$ 18,000$ 800 4990 65 00 Gain/Loss-Sale of Fi Total Revenues 5,372,102$ 6,521,611$ 5,205,356$ 7,200,000$ EXPENSES Personnel Services - Salary 800 5110 65 00 Salaries & Wages 266,908$ 276,462$ 202,248$ 284,756$ 800 5115 65 00 Salaries - Overtime -$ 800 5140 65 00 Salaries - Longevity Pay 550$ 790$ 670$ 790$ 800 5141 65 00 Salary Incentive 54,682$ 50,000$ 53,550$ 50,000$ 800 5142 65 00 Car Allowance 12,000$ 12,000$ 8,000$ 12,000$ 800 5143 65 00 Cell Phone Allowance 2,400$ 2,400$ 1,600$ 2,400$ 800 0000 65 00 Temporary Salaries -$ Total Salary 336,540$ 341,652$ 266,068$ 349,946$ Personnel Services - Benefit 800 5145 65 00 Social Security Expense 14,366$ 13,977$ 10,841$ 13,977$ 800 5150 65 00 Medicare Expense 4,613$ 4,229$ 3,637$ 4,229$ 800 5155 65 00 Unemployment (SUTA)18$ 324$ 234$ 324$ 800 5160 65 00 Health Insurance 24,082$ 20,880$ 17,745$ 20,880$ 800 5162 65 0 HSA Expense 3,000$ 2,400$ 3,000$ 2,400$ 800 5165 65 00 Dental Insurance 770$ 816$ 536$ 816$ 800 5170 65 00 Life Insurance 266$ 208$ 188$ 208$ 800 5175 65 00 Liability (TML) Worker's Comp 679$ 496$ 316$ 496$ 800 5176 65 00 TML Prop. & Liab. Insurance -$ -$ -$ -$ 800 5180 65 00 TMRS-Expense 52,909$ 41,677$ 37,384$ 41,677$ 800 5185 65 00 Long Term/Short Term Disability 518$ 526$ 380$ 526$ 800 5186 65 00 WELLE-Wellness Prog Reimb-Empl 780$ 600$ 553$ 600$ 500 0000 20 83 Relocation Expenses -$ -$ -$ -$ Total Benefits 102,001$ 86,133$ 74,813$ 86,133$ Operating, Land & Incentive Expenses 800 5189 65 00 Admin. Fees to Town 15,000$ 15,500$ 11,250$ 15,500$ 800 5190 65 00 Contract Labor 53,000$ 75,000$ 40,000$ 75,000$ 800 5191 65 00 Hiring Cost -$ -$ -$ -$ 800 5210 65 00 Office Supplies 2,227$ 5,000$ 1,535$ 5,000$ 800 5212 65 00 Building Supplies 55$ 1,000$ -$ 1,000$ 800 5220 65 00 Office Equip & Furniture 9,752$ 10,000$ -$ 10,000$ 800 5230 65 00 Dues & Subscriptions 26,335$ 20,000$ 19,431$ 30,000$ 800 5240 65 00 Postage & Freight 425$ 1,030$ 72$ 1,000$ 800 5265 65 00 Promotional Expense 27,985$ 87,550$ 7,496$ 87,550$ 800 5268 65 00 Sponsorships & Donations 2,800$ 25,000$ 23,000$ 25,000$ 800 5280 65 00 Printing and Reproduction 2,575$ -$ 3,000$ 800 5305 65 00 Chapter 380 Program Grant 179,853$ 1,500,000$ 990,194$ 1,500,000$ 800 5310 65 00 Rental/Office Lease 1$ 1$ 1$ 1$ 800 5330 65 00 Copier Expense 2,142$ 5,000$ 1,615$ 5,000$ 800 5340 65 00 Building Repairs 1,095$ 10,000$ -$ 10,000$ 800 5410 65 00 Professional Services 65,512$ 100,000$ 86,313$ 100,000$ 800 5412 65 00 Audit Fees -$ 3,500$ 3,500$ 800 5414 65 00 Appraisal/Tax Fees -$ 5,000$ 8,484$ 5,000$ 800 5418 65 00 IT Fees -$ -$ -$ -$ 800 5430 65 00 Legal Fees 18,631$ 50,000$ 6,076$ 50,000$ 800 5480 65 00 Contracted Services -$ -$ -$ -$ 800 5510 65 0 Liability Insurance -$ -$ -$ -$ 800 5520 65 00 Telephones-Cable -$ -$ -$ 800 5521 65 00 Cell Phone Expense -$ -$ -$ -$ 800 5523 65 00 Water 594$ 2,000$ 1,669$ 2,000$ 800 5524 65 00 Gas - Office -$ -$ -$ -$ 800 5525 65 00 Electricity - Office 4,202$ 6,000$ 4,744$ 6,000$ 800 5526 65 00 Mobile Data Network 912$ 1,000$ 608$ 1,000$ 800 5530 65 00 Travel/Lodging/Meals Expense -$ 5,000$ 803$ 5,000$ 800 5531 65 00 Prospect Mtgs/Business Meals 9,613$ 10,000$ 5,501$ 10,000$ 800 5533 65 00 Mileage Expense 247$ 500$ 189$ 500$ 800 5536 65 00 Training/Seminars 2,363$ 5,000$ 1,375$ 5,000$ 800 5600 65 0 Special Events 4,936$ 25,000$ -$ 25,000$ 800 6015 65 00 Project Incentives 1,981,992$ 2,000,000$ 2,985,780$ 3,000,000$ 800 7100 65 0 Operating Transfer Out Total Expenses 2,409,674$ 3,970,656$ 4,196,135$ 4,981,051$ Total Operating Costs 2,848,215$ 4,398,441$ 4,537,016$ 5,417,130$ Net Income 2,523,888$ 2,123,170$ 668,340$ 1,782,870$ Page 94 Item 7. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: School Zone Ordinance Amendment Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. Description of Agenda Item: The Prosper Independent School District (PISD) recently informed the Town that the elementary school end time has changed for the 2024-2025 school year. The new end time for the PISD elementary schools for the 2024-2025 school year is shown below. The start and end times for all PISD middle and high schools for the 2024-2025 school year remain the same as last year and are also shown below: Elementary School Hours - PISD Start End Current 7:42 AM 2:52 PM New 7:42 AM 3:00 PM Middle School Hours - PISD Start End Current 8:15 AM 3:30 PM High School Hours - PISD Start End Current 8:45 AM 4:10 PM Typical hours of operation for school zones are from approximately 30 minutes before to approximately 15 minutes after the start of school and from approximately 15 minutes before to approximately 30 minutes after the end of school. With the change this year to the elementary school end time from 2:52 PM to 3:00 PM, it is necessary to change the school zone times as follows: ENGINEERING SERVICES Page 95 Item 8. Page 2 of 2 Elementary School Hours (Current) School Zone Hours 7:42 AM to 2:52 PM 7:15 AM to 8:00 AM 2:35 PM to 3:20 PM Elementary School Hours (New) School Zone Hours 7:42 AM to 3:00 PM 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM Previously approved deviations from the typical hours of operation include the following: August 25, 2020 – Town Council approved extending the morning and afternoon school zone time along First Street for Rushing Middle School to start at the same time as the start of the morning and afternoon school zone hours for Stuber Elementary. This allows the school zone flashers along First Street to be active when the Stuber Elementary School students are crossing at First Street and Chaucer Drive. The PISD has a crossing guard placed at this intersection. July 23, 2019 – Town Council approved extending the afternoon school zone time along La Cima Boulevard at Amistad Drive to end 70 minutes after Folsom Elementary ends to allow students walking home from Rogers Middle School additional time to cross La Cima Boulevard. This corresponds to the July 25, 2017, approved deviation along La Cima Boulevard at Arrowhead Drive. July 25, 2017 – Town Council approved extending the afternoon school zone time on La Cima Boulevard at Arrowhead to end 70 minutes after Folsom Elementary ends to allow students walking home from Rogers Middle School additional time to cross La Cima Boulevard. December 9, 2014 – Town Council approved extending the morning school zone time for Rogers Middle School to start 45 minutes before school due to the significant volume of early pedestrian traffic. Budget Impact: The cost for the replacement of the school zone time placards is approximately $2,000 and will be funded by Account Number 100-5640-50-01 (Public Works Streets - Signs and Hardware), and installed by the Public Works Department. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town Staff recommends that the Town Council approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zone. Proposed Motion: I move to approve an ordinance amending Section 12.09.004 "School Traffic Zones" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the limits and hours of operation of such zones. Page 96 Item 8. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024 - ___ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 12.09.004, “SCHOOL TRAFFIC ZONES,” OF CHAPTER 12, “TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY MODIFYING THE LIMITS ON WHICH SCHOOL ZONES ARE ESTABLISHED; MODIFYING THE HOURS OF OPERATION OF SUCH ZONES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; 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, Section 541.302 of the Texas Transportation Code defines a "school crossing zone" as a reduced-speed zone designated on a street by a local authority to facilitate safe crossing of the street by children going to or leaving a public or private elementary or secondary school during the time the reduced speed limit applies; and WHEREAS, Section 545.356 of the Texas Transportation Code provides that the governing body of a municipality may alter prima facie speed limits by ordinance based on the results of an engineering and traffic investigation; and WHEREAS, the Town Council has investigated and finds that it is necessary for the protection and safety of children going to and leaving public elementary and secondary schools within Prosper to amend Section 12.09.004, "School Traffic Zones," of the Code of Ordinances to modify the reduced speed school zones on certain public streets as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Existing Section 12.09.004, “School Traffic Zones,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by modifying the limits on which school zones are established, and the hours of operation of such zones, to read as follows: Page 97 Item 8. Ordinance No. 2024-__, Page 2 Street Name Limits Hours of Operation Speed Limit Bryant Elementary School Falling Leaves Drive From 200 feet north of Ironwood Drive to Ironwood Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Freeman Way From 200 feet west of Goldenrod Lane to Teel Parkway 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Goldenrod Lane From 200 feet south of Freeman Way to Ironwood Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Ironwood Drive From 200 feet west of Goldenrod Lane to Teel Parkway 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Old Rosebud Lane From 200 feet west of Goldenrod Lane to Goldenrod Lane 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Rock Springs Drive From 200 feet north of Ironwood Drive to Ironwood Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Seven Oaks Drive From 220 feet south of Freeman Way to Freeman Way 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Teel Parkway From 300 feet north of Ironwood Drive to 300 feet south of Freeman Way 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Cockrell Elementary School Cliff Creek Drive From 130 feet southwest of school property to Evergreen Drive. 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Escalante Trail From Whitley Place Drive to Prosper Trail 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Evergreen Drive From 130 feet southwest of Orchard Grove Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Fisher Road From Escalante Drive to 205 feet east of Escalante Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Mesa Drive From Escalante Drive to 200 feet east of Escalante Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Orchard Grove Drive From Evergreen Drive to Escalante Trail 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Prosper Trail From 750 feet west of Escalante Trail to 300 feet east of Escalante Trail 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Red Wing Drive From Escalante Drive to 215 feet east of Escalante Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Whitley Place Drive From 150 feet southwest of Escalante Trail to 150 feet northeast of Escalante Trail 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Page 98 Item 8. Ordinance No. 2024-__, Page 3 Folsom Elementary School Amistad Drive From La Cima Boulevard to 100 feet northwest of La Cima Boulevard 7:15 AM to 8:00 AM 2:45 PM to 4:10 PM 20 Amistad Drive From La Cima Boulevard to 190 feet southeast of La Cima Boulevard 7:15 AM to 8:00 AM 2:45 PM to 4:10 PM 20 Arrowhead Drive From La Cima Boulevard to 120 feet southeast of La Cima Boulevard 7:15 AM to 8:00 AM 2:45 PM to 4:10 PM 20 Arrowhead Drive From 270 feet northwest of Sommerville Drive to Sommerville Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Buffalo Springs Drive From 200 feet north of Cedar Lake Drive to 185 feet south of Cedar Lake Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Calaveras Court From 260 feet northwest of Sommerville Drive to Sommerville Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Cedar Lake Drive From 135 feet west of Buffalo Springs Drive to White River Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 La Cima Boulevard From 255 feet southwest of Amistad Drive to 260 feet northeast of Amistad Drive 7:15 AM to 8:00 AM 2:45 PM to 4:10 PM 20 La Cima Boulevard From 300 feet southwest of Arrowhead Drive to 300 feet northeast of Arrowhead Drive 7:15 AM to 8:00 AM 2:45 PM to 4:10 PM 20 Livingston Drive From 180 feet northwest of Salada Drive to Twin Buttes Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Monticello Drive From 130 feet northwest of La Cima Boulevard to La Cima Boulevard 7:15 AM to 8:00 AM 2:45 PM to 4:10 PM 20 Salada Drive From Livingston Drive to 175 feet north east of Livingston Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Sommerville Drive From White River Drive to Livingston Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Texana Drive From Livingston Drive to 180 feet northeast of Livingston Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Twin Buttes Drive From Livingston Drive to 170 feet northeast of Livingston Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 White River Drive From 190 feet south of Cedar Lake Drive to 280 feet north of Sommerville Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Hall Elementary School Big Sky Drive From Edgewood Lane to 130 feet west of Edgewood Lane 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Edgewood Lane From Kessler Drive to 130 feet south of Big Sky Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Gentle Knoll Lane From Star Meadow Drive to 200 feet north of Star Meadow Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Glendover Drive From Kessler Drive to 240 feet south of Kessler Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Kessler Drive From Star Trail Parkway to Edgewood Lane 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Legacy Drive From 300 feet north of Star Meadow Drive to 850 feet south of Star Meadow Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Page 99 Item 8. Ordinance No. 2024-__, Page 4 Star Meadow Drive From Legacy Drive to 200 feet east of Gentle Knoll Lane 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Star Trail Parkway From 200 feet northeast of Kessler Drive to 200 feet southwest of Kessler Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Rucker Elementary School Craig Road From 100 feet north of Preston Road to 100 feet south of First Street 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Stuber Elementary School Clearwater Drive From 210 feet west of Village Park Lane to Village Park Lane 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 First Street From 300 feet west of Village Park Lane to 610 feet east of Village Park Lane 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Highland Street From 160 feet west of Village Park Lane to Village Park Lane 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Shadow Ridge Drive From 215 feet west of Village Park Lane to Village Park Lane 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Village Park Lane From First Street to Highland Street 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Zilker Parkway From 160 south of Highland Street to Highland Street 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Windsong Elementary School Copper Canyon Drive From 115 feet south of Marigold Lane to First Street 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 First Street From 300 feet west of Redstem Drive to 300 feet east of Copper Canyon Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 First Street From 260 feet west of Windsong Parkway to 220 feet east of Windsong Parkway 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Lantana Lane From 200 feet east of Copper Canyon Drive to Copper Canyon Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Marigold Lane From 145 feet west of Redstem Drive to 135 feet east of Copper Canyon Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Paddock Lane From 265 feet west of Redstem Drive to Redstem Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Pine Leaf Lane From 265 feet east of Copper Canyon Drive to Copper Canyon Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Porosa Lane From 200 feet west of Redstem Drive to Redstem Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Prairie Clover Lane From 265 feet east of Copper Canyon Drive to Copper Canyon Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Redstem Drive From 125 feet south of Marigold Lane to First Street 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Sweet Clover Drive From 265 feet east of Copper Canyon Drive to Copper Canyon Drive 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Windsong Parkway From 120 feet north of First Street to 120 feet south of First Street 7:15 AM to 8:00 AM 2:45 PM to 3:30 PM 20 Page 100 Item 8. Ordinance No. 2024-__, Page 5 Cheek Middle School Denton Way From 1,500 east of FM 1385 to 1,850 north of Gee Road 7:45 AM to 8:30 AM 3:20 PM to 4:05 PM 20 Reynolds Middle School Church Street From 30 feet north of Eighth Street to Prosper ISD Property Line 7:45 AM to 8:30 AM 3:15 PM to 4:00 PM 20 Coleman Street From 160 feet north of Gorgeous Drive to 60 feet south of Wilson Drive 7:45 AM to 8:30 AM 3:15 PM to 4:00 PM 20 Rogers Middle School Coit Road From 300 feet south of Richland Boulevard to 1,150 feet north of Richland Boulevard 7:30 AM to 8:30 AM 3:15 PM to 4:00 PM 20 Richland Boulevard From 300 feet west of Coit Road to east end of roadway 7:30 AM to 8:30 AM 3:15 PM to 4:00 PM 20 Rushing Middle School Chaucer Drive From First Street to Clearwater Drive 7:15 AM to 8:30 AM 2:35 PM to 4:00 PM 20 Clearwater Drive From 300 feet east of Chaucer Drive to Grove Vale Drive 7:15 AM to 8:30 AM 2:35 PM to 4:00 PM 20 First Street From 300 feet west of Chaucer Drive to 190 feet west of Winsor Dr. 7:15 AM to 8:30 AM 2:35 PM to 4:00 PM 20 Grove Vale Drive From 30 feet south of Clearwater Drive to Clearwater Drive 7:15 AM to 8:30 AM 2:35 PM to 4:00 PM 20 Prosper High School Coleman Street From 110 feet east of Talon Lane to 1,900 feet east of Talon Lane 8:15 AM to 9:00 AM 3:55 PM to 4:40 PM 20 Frontier Parkway From 3,930 feet west of SH 289 (Preston Road) to 3,305 feet west of SH 289 (Preston Road) 8:15 AM to 9:00 AM 3:55 PM to 4:40 PM 20 Walnut Grove High School First Street From 1,300 west of Granite Shoal Drive to 300 feet east of Old First Street 8:15 AM to 9:00 AM 3:55 PM to 4:40 PM 20 Granite Shoal Drive From First Street to 200 feet north of First Street 8:15 AM to 9:00 AM 3:55 PM to 4:40 PM 20 Old First Street From First Street to 200 feet north of First Street 8:15 AM to 9:00 AM 3:55 PM to 4:40 PM 20 Wildcat Way From First Street to south end of roadway 8:15 AM to 9:00 AM 3:55 PM to 4:40 PM 20 Page 101 Item 8. Ordinance No. 2024-__, Page 6 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 of Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense. SECTION 6 This Ordinance shall become effective after its passage and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 10TH DAY OF SEPTEMBER, 2024. APPROVED: ___________________________________ David F. Bristol, Mayor ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Page 102 Item 8. Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Assistant Director of Engineering – Capital Projects Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Re: Professional Engineering Services Agreement: Teel Parkway (First – Freeman) – 2 SB Lanes Town Council Meeting –September 10, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between CP&Y, Inc. dba STV Infrastructure, and the Town of Prosper, Texas, related to the design of the Teel Parkway (First - Freeman) - 2 SB Lanes project for $806,740.30. Description of Agenda Item: The services associated with this agreement are for the design of approximately 3,200 linear feet of the two (2) southbound lanes of Teel Parkway from just north of the intersection at First Street to Freeman Street. The new pavement section will be a four-lane concrete divided roadway, 4LD Minor Thoroughfare. The project includes roadway and drainage design, retaining wall, approximately 310 linear feet bridge over Doe Branch Tributary, pavement markings and signage, erosion control, median landscaping & irrigation and traffic control/phasing. At the October 24, 2023, Town Council meeting, the Town Council approved a list of qualified engineering firms, which included services for roadway engineering design. CP&Y, Inc. dba STV Infrastructure, is included on the approved list. While this will be their first project with the Town of Prosper, the Town of Prosper staff have successfully worked with CP&Y, Inc. dba STV Infrastructure while employed in other municipalities. Budget Impact: The cost for the design is $806,740.30. A total of $800,000.00 is budgeted in Account No.750- 5410-10-00-2415-ST. The additional $6,740.30 will be funded with CIP project savings. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. ENGINEERING SERVICES Page 103 Item 9. Page 2 of 2 Attached Documents: 1. Professional Engineering Services Agreement 2. Location Map Town Staff Recommendation: Town Staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between CP&Y, Inc. dba STV Infrastructure, and the Town of Prosper, Texas, related to the design of the Teel Parkway (First - Freeman) – 2 SB Lanes project for $806,740.30. Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Services Agreement between CP&Y, Inc. dba STV Infrastructure, and the Town of Prosper, Texas, related to the design of the Teel Parkway (First - Freeman) – 2 SB Lanes project for $806,740.30. Page 104 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 24 PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND CP&Y, INC. DBA STV INFRASTRUCTURE FOR THE TEEL PARKWAY [FIRST - FREEMAN] PROJECT (PRJ# 2415-ST) 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 CP&Y, Inc. dba STV Infrastructure , a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Teel Parkway (First - Freeman) (2415-ST), 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 Eight Hundred Six Thousand Seven Hundred-Forty and 30/100 Dollars ($806,740.30) 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 Page 105 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 24 be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND Page 106 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 24 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: CP&Y, Inc. dba STV Infrastructure Michael Chisholm, Project Manager Genesis Court, Suite 200 Frisco, Texas 75011 michael.chisholm@stvinc.com Town of Prosper Mario Canizares, Town Manager PO Box 307 Prosper, TX 75078 mcanizares@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in 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. Page 107 Item 9. Page 108Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 24 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND CP&Y, INC. DBA STV INFRASTRUCTURE FOR THE TEEL PARKWAY [FIRST - FREEMAN] PROJECT (PRJ# 2415-ST) I. PROJECT DESCRIPTION The Town proposes to make infrastructure improvements to Teel Parkway from First Street to Freeman Way. This project consists of the design of approximately 3,200 linear feet of two southbound lanes on the west side of an ultimately six-lane divided roadway The design improvements generally include paving, retaining wall, drainage, approximately 310 linear foot bridge (3 lanes with sidewalk) over Doe Branch Tributary, pavement markings, signage, erosion control, conduit for illumination, and median landscaping & irrigation. The project generally includes hydrologic & hydraulic analysis, retaining wall design, LOMAR (If needed), geotechnical investigation, level ‘A’ and ‘B’ SUE (if needed), bid phase services, construction phase services (If needed), and record drawings. II. TASK SUMMARY Task 1 – Survey A. Data collection and Property Research 1. Gather existing plat information. 2. Collect property owner and record information. 3. Gather existing ROW and easement information. Identify easements available through typical research methodologies. Undocumented easements may not be identified. Title research may be performed as an additional service and fee only upon written Town authorization. 4. Coordinate with Town and Texas 811 to Locate and mark existing franchise and public utilities prior to performing the field survey. STV will not provide or research franchise and public utility maps. B. Design Survey 1. The survey limits include the following: a. Teel Parkway full 120-foot ROW of the alignment from approximately 100 feet east First Street and continuing north approximately 3,400 feet to 75 feet beyond Governors Island Way. b. Limits will include surveying 50-foot beyond the ROW on all intersecting streets and driveways. c. Additional survey of trails and streams between Pepper Grass Ln & Commons Way to the north of ROW approximately 100 feet C. Establish a vertical benchmark circuit as needed throughout the project. Town to provide established monument information for the area. Vertical control benchmarks will be established for use during construction. D. Establish horizontal control points, which will be based on NAD-83. Locate pertinent objects and above ground features within the survey limits, typically including: 1. Roadway pavement and driveways (including pavement types). 2. Drainage structures (i.e., culverts, ditches, inlets, manholes, and outfalls) 3. Trees 6” caliper and larger 4. Utilities (Texas 811 marking, signs or markers showing the presence of underground utilities, valves, manholes, flowlines, meters, backflow preventers, vents, poles, and guy wires.) 5. Fences (including material type) and gates. Page 109 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 6 OF 24 6. Sidewalks 7. Signs (roadway and private) 8. Right-of-Way monumentation 9. Creek bank elevations 10. Creek flowline 11. Bridge detail (abutments, columns, deck, low chord) 12. Cross sections of creek at bridge (1 cross section at each face of existing bridge, 1 cross section at each ROW line, and a cross section between the west ROW and west face of bridge. 13. Process survey data to create a plane view base map of existing features. Prepare final topographic drawing in digital format (including contours and breaklines) showing the features located in the field as well as the apparent ROW and property information, an ASCII coordinate file of the points in the field. 14. Project site visit to verify survey data. Task 2 – Geotechnical Services Geotechnical Investigation. The CONSULTANT will provide a Geotechnical Engineer Report, no later than the preliminary design phase submittal, containing the following information: A. Exploration and Sampling – The CONSULTANT shall provide a subgrade investigation in accordance with Town design standards for Pavement and Subgrade Design Requirements and shall provide a geotechnical investigation in accordance with TxDOT requirements for bridge and MSE wall construction. B. Laboratory Testing – The CONSULTANT shall determine appropriate laboratory testing and soil properties in accordance with Town design standards and TxDOT standards. C. Pavement Design – The CONSULTANT shall provide a comprehensive pavement design report including summary of site investigations and recommendation of a pavement design based on the results of the above testing and in accordance with Town design standards, Pavement and Subgrade Design Requirements. The CONSULTANT shall include recommendations for subgrade stabilization and concrete thickness recommendations based upon design traffic volume provided by the Town. D. MSE Retaining Walls – The CONSULTANT shall provide recommendations for MSE retaining walls, including global stability, sliding, overturning, and bearing capaTown analyses in accordance with TxDOT standards. E. Bridge Foundation – The CONSULTANT shall provide recommendations for the bridge foundation based on soil lab testing and boring exploration results in accordance with TxDOT standards. Task 3 - Project Management and Coordination 1.1 Client Meetings 1.2 Internal Team Meetings 1.3 Communication and Reporting 1.4 Kickoff Meeting 1.5 Design Submittal Review Meeting Task 4: Construction Document Preparation Preliminary Engineering (30% & 60%) F. 30% DESIGN SUBMITTAL 1. Data Collection a. Consultant will rely on the Town to provide Town Design Criteria (paving, drainage, utilities, streetscape), Standard Details, Ordinances, record drawings, and Master Plan documents applicable to the project. Perform site visit(s) to obtain necessary information/confirm information obtained from other sources. Page 110 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 7 OF 24 2. Roadway Design a. Establish roadway centerline per Town record drawings of proposed Teel Parkway reconstruction. Anticipate alignment to match record drawings. No design iteration is anticipated for this Task. b. Establish preliminary vertical alignments along proposed paving limits. Establish preliminary horizontal alignments for proposed drainage/storm (inlets and laterals only). Identify existing utility adjustments. Determine any conflicts and provide alternate design options if required. 3. Drainage Design a. Delineate drainage areas and analyze the existing storm drain system. Based on storm analysis, provide preliminary sizing and calculations of all proposed inlets and laterals. Provide existing Main Line capacity and verify the existing system is adequately designed. Revise outfall location of both existing Line A and Line B to avoid conflicts with the proposed bridge. Provide all necessary preliminary calculations to Town. Improvements are not anticipated for the existing storm sewer under NB Teel Parkway, if they are necessary, an alternate design option will be discussed with the Town. 4. Retaining Wall Design a. Initial Layouts b. Calculate cost estimates. 5. Bridge Design a. Establish Southbound bridge location and Typical Section, anticipated: · Three (3) 12-foot travel lanes, and one (1) 6-foot sidewalk (50-foot total width) · Proposed bridge structures are anticipated to be similar in structure type and aesthetic treatment to the existing Northbound bridge. · Evaluate up to one (1) option for each bridge layout to match existing Eastbound. 6. Opinion of Probable Construction Cost- Prepare estimated construction quantities and engineer’s opinion of probable construction costs (OPCC) tabulated in Microsoft Excel format. 7. Conceptual Plan and Profile Exhibit a. Prepare one (1) conceptual roadway plan and profile exhibit (roll plot format at appropriate scale as determined by the engineer). Items to be included: · Plan · Control Data · Existing right-of-way and easements · Existing survey data · Existing pavement · Existing driveway locations · Existing trees · Existing storm drain locations · Existing water line locations · Existing sanitary sewer line locations · Existing franchise utility locations (relying upon information provided by franchise utility owners and data collection) · Proposed centerline alignment and horizontal curve data · Proposed curb and paving limits · Proposed bridge · Proposed sidewalk · Proposed driveways · Proposed transition pavement tie-ins to existing pavement Page 111 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 8 OF 24 · Proposed cross culverts and headwalls, if applicable · Proposed storm drainage system, if applicable · Proposed storm drain inlet locations · Proposed limits of construction · Proposed pavement marking · Proposed bridge layout · Profile · Existing ground profile at proposed top of curb and right-of-way lines · Proposed vertical alignment (top of curb) · Proposed bridge · Proposed Retaining wall 8. It is anticipated that Conceptual Plan and Profile Exhibit will only be used to support design discussion in design meeting with Town. It is assumed Exhibit will not be provided for official Town review and comment. 9. 30% Design Submittal – Refer to III.DELIVERABLES G. 60% DESIGN SUBMITTAL 1. General Plans - Prepare general plan sheets necessary including cover, general notes, sheet index, control sheet, project layout, and typical sections. 2. Removal Plans - Prepare plan sheets depicting any and all removals of existing public and private infrastructure specifying any necessary replacements and/or relocations. 3. Traffic Control - Prepare preliminary construction sequencing, traffic control and/or access plan for Town review. 4. Roadway Plan and Profile Drawings a. Refine horizontal and vertical alignments along proposed paving limits and, drainage/storm (inlets and laterals only). Provide separate alignment data sheets. Determine any conflicts with private property including fences, driveways, sidewalks, landscaping, etc., and provide preliminary replacement or alternate design options if required. Present any potential alternatives, which alternatives which may provide cost savings to the TOWN. b. Cross Sections - Develop cross sections for roadways and driveways (as needed) with existing & proposed ROW lines, drainage & slope easement lines, cross slopes, elevations, profile grade line, stations, ditch lines, retaining walls, etc. properly labeled. Submit roadway cross section sheets at 50’ intervals and at critical locations (driveways, culverts, non-typical roadside features, etc.) 5. Drainage Design a. Develop hydrology computations b. Prepare Drainage Plan and Profiles 6. Retaining Wall Design – SEE SECTION TASK 4I for detailed scope. 7. Bridge Design – SEE SECTION TASK 4J for detailed scope. a. Prepare one (1) Bridge layouts (plan sheets at appropriate scale as determined by the engineer). b. Develop the Foundation plan, Bridge typical section, Traffic rail, and pedestrian rails. c. List of additional sheets to be provided during Final Design d. List of applicable TxDOT standards e. Incorporate geotechnical recommendations into the 60% design submittal. 8. Signing & Pavement Marking – Prepare permanent signing and pavement marking plan in accordance with Town requirements and the Texas Manual on Uniform Traffic Control Devices (TMUTCD). Page 112 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 24 9. Opinion of Probable Construction Cost- Updated estimated construction quantities and engineer’s opinion of probable construction costs (OPCC) tabulated in Microsoft Excel format. The Town may request additional justification for significant cost differences from previously provided OPCC’s. 10. 60% Design Submittal – Refer to III.DELIVERABLES Final Engineering (90% & 100%) H. 90% & 100% DESIGN SUBMITTAL Incorporating comments from the Town, franchise utilities, and other interested parties, prepare final engineering plans and specifications with submittals at ninety percent (90%) and one-hundred percent (100%) completion. The final engineering design phase will include the following: 1. Previous Drawings – Revise and complete previously prepared drawings. 2. Traffic Control – Refine traffic control design and prepare final construction sequencing, traffic control and access plans. 3. Illumination Design (Conduit Only) a. Town to provide future pole location. b. Upon Town approval of illumination conduit location, design 2-inch conduit system using Town specifications. c. Provide conduit layout, pull box locations, and applicable notes and details. Conduit will be shown on paving plans. 4. Landscape and Irrigation Design (Median only) a. Coordinate with Town on proposed median landscaping and irrigation to meet Town standards. b. Prepare planting plan sheets including trees, planting areas, and turf. Planting plans will show plant species, sizes, and location. c. Prepare plan sheets for planting details and specifications, including canopy trees, ornamental trees, shrubs and groundcover, and turf. · Assumptions: a. Tree locations will be coordinated with the Electrical Engineer in regards to lighting. b. Landscape and irrigation plans will be provided for the median turfgrass, planting and trees only. c. Tree protection and removal sheets for those trees within 50 feet of construction. d. Prepare irrigation plans per Town standards for irrigation equipment. Irrigation plans will show head layout, pipe sizing, controller I valve locations. · Assumptions: a. Sodding will occur on the west side of construction and will receive temporary irrigation and not permanent irrigation. · Irrigation will be provided for the median turfgrass, planting and trees only e. Included tree protection and removal sheets for those trees within 50 feet of construction. 5. Erosion Control Design - Develop erosion control plans to comply with Town and any federal, state, or local requirements. Sheets will specify sediment control fence, inlet protection, rock check dams, sod, and seed locations. 6. Compile applicable TxDOT and Town standard details. 7. Opinion of Probable Construction Cost- Updated estimated construction quantities and engineer’s opinion of probable construction costs (OPCC) tabulated in Microsoft Excel format. The Town may request additional justification for significant cost differences from previously provided OPCC’s. Page 113 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 24 8. Project Manual - It is anticipated that the Town will compile the project manual. Consultant to provide the following: a. Pay item listing b. Quantities c. Update the overall OPCC. 9. Agency Permitting and Coordination (TDLR and TxDOT) a. Prepare and submit Final Design plans to a Texas Department of Licensing and Regulation (TDLR) reviewer in accordance with the Elimination of Architectural Barriers Act. Consultant will review accessibility comments and make appropriate revisions to the plans. All coordination and fees with the TDLR application will be performed by Kimley-Horn. b. Prepare and submit Final applicable permit set to Town for submission to TxD0T. · Town will submit permit sets to agencies and pay applicable fees · Engineer will respond to up to two (2) rounds of agency comments. 10. 90% & 100% Design Submittal – Refer to III.DELIVERABLES I. Retaining Wall Design - Develop retaining wall designs for toe walls at each abutment. The Engineer shall submit the retaining wall layouts at the sixty (60%) for review and approval. If applicable, architectural standard drawings will be provided by the Town and shall be incorporated into design details by the Engineer. 1. Retaining wall types include: a. Mechanically Stabilized Earth (MSE) Walls. Prepare the retaining wall layouts showing plan and profile. The Engineer is responsible for design of geometry and wall stability. The MSE wall vendor shall be responsible for the design of the wall including the panels, tie-backs, backfill, and related components. Incorporate a slope of 4:1 or flatter from the existing and finished ground line elevation to the face of the retaining wall. 2. Provide layouts, elevations, quantity estimate, summary of quantities, typical cross sections and structural details of all retaining walls within the project. J. Bridge Design 1. This scope is limited to the design of one bridge structures, including approach slabs, foundations, substructure, superstructure and slope protection under the structures. Clear roadway width on the bridges will provide for up to 3 lanes plus shoulders. Bridges will be multi-span with maximum total length of 400 feet. Design shall incorporate sidewalk(s). 2. The bridge design will accommodate light poles and electrical conduit using standard details Previous Drawings – Revise and complete previously prepared drawings. 3. Provide aesthetic concrete pylon details which either a form liner or stone reveal. 4. The bridge design will not accommodate support of utilities. 5. The bridge design will be based on single-phase construction. 6. The bridge shall be a typical span bridge with a concrete deck on a Texas I-Girder superstructure. A maximum of one preliminary layout shall be prepared for consideration by the Town. 7. Once a bridge layout is approved, CONSULTANT shall perform final design of the selected alternative as follows: a. Provide bridge foundation design. Perform final design of the preferred foundation type based on the geotechnical recommendations. b. Provide substructure and superstructure detail design. Perform final, detailed design utilizing a conventional precast, prestressed concrete beam superstructure and conventional reinforced concrete bents with conventional substructure c. Provide aesthetic concrete detail with form liner for railing only. Page 114 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 11 OF 24 d. Produce summary tables of all bridge structure quantities, bearing seat elevations and control elevations. e. General guidelines for Structural Design: · The bridge layout shall be in conformance with TxDOT’s Bridge Design Manual and Bridge Detailing Manual. No detailed design work is to be performed until the TOWN has given the CONSULTANT written approval of the Preliminary Bridge Layout. · The bridge foundation design shall be in accordance with TxDOT's Geotechnical Manual and Bridge Design Manual. · Structural design shall be performed using the AASHTO LRFD Bridge Design Specifications, Nineth Edition, with all Interim Revisions · Bridge plans will reference standard TxDOT Specifications for materials and construction except where Town of Prosper design requirements override. Any special specifications required for the bridge design shall be prepared by CONSULTANT for review and approval. Task 5: Hydraulics & Hydrology A. Hydrologic and Hydraulic Modeling, and Design 1. Data Collection a. Westwood will obtain the available hydrologic and hydraulic models and any previous flood studies related to Tributary 6 of Doe Branch located in the Town of Prosper. We will obtain publicly available LiDAR Point Cloud data for the site to supplement survey data provided by STV. We will visit the site to review existing conditions. 2. Hydrologic Analysis a. If the current effective hydrologic model for Tributary 6 to Doe Branch are not available, Westwood will prepare a new hydrologic analysis for the watershed containing the above referenced project. We will perform this analysis for existing, proposed, and fully developed watershed conditions as required by the Town and/or FEMA. The analysis will determine the 10-, 25-, 50-, 100-. and 500-year peak discharges for use in the hydraulic modeling. b. If the current effective hydrologic model for Tributary 6 to Doe Branch is available, but requires updates to reflect current conditions, Westwood will review and make updates to the model as necessary to reflect existing (pre-project) conditions at the time of the start of the project; proposed conditions to reflect any changes to the watershed caused by the project; and fully- developed watershed conditions per zoning & land use data published by the Town of Prosper and any other affected jurisdictions. The analysis will determine the 10-, 25-, 50-, 100-. and 500-year peak discharges for use in the hydraulic modeling. 3. Bridge Hydraulic Analysis & Design a. Westwood will perform a hydraulic analysis and hydraulic design for the proposed southbound Teel Parkway bridge crossing of Tributary 6 to Doe Branch. The modeling will be based on field survey information (provided by STV/others) supplemented with publicly available LiDAR data, and bridge geometry provided by STV. We will utilize the flows determined in the hydrologic analysis or previously determined by the effective FEMA model or Town model to define base flood elevations and floodplain inundation limits throughout the limits of the proposed project. Westwood will review channel and embankment grading and work with the civil & bridge designers to remediate any unacceptable increases in regulatory water surface elevations caused by the proposed design. The hydraulic model will be used to conduct a scour analysis to address erosion concerns. Page 115 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 12 OF 24 4. Narrative Drainage Report a. Westwood will prepare a narrative drainage report based on the drainage analysis referenced above. The report will document the procedures and findings of our analysis and will be submitted to the Town for approval prior to construction. b. Included in this item: · Narrative drainage report. · Floodplain work maps. · Technical documentation. · Coordination with the Town. c. Not included in this item: · Town review fees; and Supporting site civil plans. 5. Design Submittals -Bridge H&H Sheets a. 30% (Conceptual Design) - Westwood will prepare construction plan sheets for inclusion in the 30% design plan set. Anticipated sheets consist of the following: · Drainage area map(s) · Hydraulic workmap & results tables b. 60% (Preliminary Plans) - Westwood will address review comments and prepare and/or update construction plan sheets for inclusion in the 60% design plan set. Anticipated sheets consist of the following: · Drainage area map(s) · Hydrologic data sheet (parameter summary table & computation results tables) · Hydraulic workmap & results tables · HEC-RAS cross section plots c. Final (90% & 100%) - Westwood will address review comments and prepare and/or update construction plan sheets for inclusion in the final (90% and 100%) design plan set. Anticipated sheets consist of the following: · Drainage area map(s) · Hydrologic data sheet (parameter summary table & computation results tables) · Hydraulic workmap & results tables · HEC-RAS cross section plots Task 6: Letter of Map Revision (may be provided as Additional Services) ($50,000) A. After construction is complete, Westwood will use as-built topographic survey of the modified portions of the floodplain to update the current effective FEMA models to reflect the development. Westwood will prepare and submit a LOMR application, including a narrative description, tables, figures, exhibits, and forms, to the Town of Prosper and FEMA for review. Westwood will also prepare property owner notification letters and/or publish newspaper public notices as may be required. Fees for mailing or publishing public notices will be reimbursed by the client. B. For LOMR submittals, FEMA requires the payment of a review fee prior to initiation of review. The review fee for this type of LOMR is currently $8,000 if submitted online, which is the preferred method. If a hard copy submittal is desired or required that can be provided as an additional service. FEMA review fees are updated periodically, so the actual amount may be different at the time of submittal. A single check for the required amount, made payable to the “National Flood Insurance Program”, respectively, shall be the responsibility of the TOWN but will be transmitted to FEMA by Westwood along with the LOMR request. Westwood will determine the necessary submittal method after coordinating with the floodplain administrator. C. Additional service fee does not include LOMR submittal fee to FEMA. Page 116 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 13 OF 24 Task 7 – SUE (may be provided as Additional Services) ($32,112.50) A. Upon Town Authorization, perform SUE (Subsurface Utility Engineering) Quality Level “A” and Level “B” to identify existing franchise utility locations along Teel Parkway by exposing specific utilities. Additional SUE will not be performed without written authorization by the Town. 1. Utilities to be designated include, gas, telecommunications, electric, traffic signals, storm, water, and sanitary sewer. 2. QL “A” provides three-dimensional (x,y,z) information obtained through the application and interpretation of non-destructive vacuum excavation methods. This quality provides the most accurate horizontal location and vertical position of subsurface utilities. 3. Up to six (5) test hole locations which will then be field surveyed have been budgeted for this task. We will not proceed with performance of services beyond the days budgeted, without written authorization by the Town. 4. QL “B” provides two-dimensional (x,y) information obtained through the application and interpretation of non-destructive surface geophysical methods. This quality provides the horizontal position of subsurface utilities within approximately one foot. a. Approximately four (2) days have been budgeted for this task. This may include area along Teel Parkway alignment between First Street to Freeman Way. We will not proceed with performance of services beyond the days budgeted, without written authorization by the Town. Task 8 – Environmental Services A. The budgeted fee for this Task assumes Aquatic Resources Delineation, USACE Nationwide Permitting, and Archaeological Survey have been completed for proposed project improvements by Windsong Ranch Environmental Engineer (Integrated Environmental Solutions, LLC). The budgeted fee for this Task is based upon providing the below services as needed to support these original assumptions. The budgeted fee for this Task is based upon approximately 40 hours. Task will include: 1. Develop Project Memo to show project does not exceed original USACE approved Individual Permit a. This task assumes proposed project impacts were included as a part of original Individual Permit for Windsong Ranch Residential development (USACE project number SWF-2016- 00136). It is assumed formal USACE notification and authorization will not be required; however, it will be based upon review of project plans, construction details, and/or specifications and potential impacts to jurisdictional waters previously identified. Consultant will document this information specific to the project. 2. Perform Additional Aquatic Resources Delineation (may be provided as Additional Service) 3. Develop USACE Nationwide Permit Non-Notifying Memo (may be provided as Additional Service) 4. Perform Desktop Cultural Resources Review (may be provided as Additional Service) 5. Perform Archaeological Survey (may be provided as Additional Service) A. BID & CONSTRUCTION ADMINITRATION Task 9 – Bid Phase Services A. Provide Plans & Specifications to the Town for Biding (PDF & 2 paper copies 11x17) B. Attend Pre-Bid Meeting C. Addendum and Inquires D. Provide CAD files Page 117 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 14 OF 24 E. To be provided by the Town: 1. Bid Book 2. Bid Tabulation Task 10 – Construction Administration – (may be provided as Additional Services) ($18,571.20) Although day to day operation and oversight of the construction phase will be managed by the TOWN, the CONSULTANT will assist the Town during the construction phase of the project as follows: A. Pre-Construction Conference – Meet with the TOWN, the contractor, and other interested parties to discuss the construction of the Project, including Project requirements, communication procedures, Project scheduling, personnel, laboratory testing requirements, field inspection, construction staking, pay requests, and other pertinent matters that may impact the Project. B. Construction Observation –. NOT PROVIDED IN STV SCOPE & FEE C. Shop Drawings, Samples, and Materials – Review and approve or take other appropriate action in respect to shop drawings required for the Project to ensure they are in conformance with plans, specifications, and Town requirements. Each shop drawing shall be limited to two (2) resubmittal reviews. Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by the contractor in accordance with the contract documents, but subject to the provisions of applicable standards of state or local government entities. D. Clarifications and Interpretations – When requested, review laboratory testing reports, requests for information (RFI), field change requests, and change orders and provide comments and/or responses to TOWN. Provide written responses to RFI’s or clarification to TOWN or contractor. Provide and maintain an accurate Change Order Log, Submittal Log and RFI Log throughout the duration of the Project and make such logs available to the TOWN upon request. If requested by the TOWN, render written decision on all claims of TOWN and contractor relating to the acceptability of contractor’s work or the interpretation of the requirements of the contract documents pertaining to the progress of the contractor’s work. E. Change Orders – Recommend Change Orders to TOWN or review and make recommendations related to Change Orders provided at the request of the contractor. F. Final Walk-Through – NOT PROVIDED IN STV SCOPE & FEE G. CONSULTANT shall perform its services in accordance with such Project schedule as is specified in the Contract, but in any event as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project in the case of delays caused by the TOWN’s review of documents submitted under this Contract. Task 11 – Record Drawings A. Consultant will prepare construction Record Documents based on the information received from the Contractor. B. The budgeted fee for this Task is based upon approximately 20 hours. We will not proceed with performance of services beyond the hours budgeted, without written authorization by the Town. C. Record Documents submittal, refer to III. DELIVERABLES Page 118 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 15 OF 24 B. Exclusions 1. Right of Way / Easement Documents 2. Environmental Investigation except what proposed in SECTION TASK 8. 3. Traffic Engineering reports or studies 4. Design of Trench safety 5. Consulting services by others not included in proposal; 6. Alternate additions not included in the original scope; 7. Improvements outside the Project limits and existing ROW, Include adjacent HOA trail and culverts. 8. Alternate additions not included in the original scope or additional scope of services; 9. Items listed as TOWN responsibilities on Exhibit “C” which is attached hereto and incorporated herein by reference and made a part hereof as if repeated verbatim; 10. Irrigation pumping plant, rain water collection or re-use systems; 11. Native American tribal coordination; 12. Archaeological artifact curation; 13. Hazardous Waste 14. Private property improvement concepts or final designs; 15. Sanitary sewer lines construction or replacement; 16. Special traffic signal design is not included; 17. FEMA submittals or coordination, including a CLOMR or LOMR; 18. Utility conflict: Project notification letters to all affected utilities and coordination with utility companies / scheduling meetings; 19. SUE / Geotechnical — Assumed Sub consultant not responsible for Traffic Control; 20. Illumination Design & illumination foundations; 21. Tree removal permit; 22. Right of Entry Letters; 23. Sanitary Sewer and Water line replacement; Page 119 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 16 OF 24 24. Public Meetings or Public Outreach; 25. Streetscape/Hardscape design; 26. Landscaping modifications beyond the median nose, including adjacent HOA; 27. Retaining Walls other than what is proposed in SECTION TASK 4I; 28. Rendered (colored) landscape plan (other than schematic sketches) including 3D sketch-up, photoshop perspectives, and 3D modeling for roadway or bridges; 29. Engineering Design Rational, Project Manual; 30. Quality control and testing services during construction; 31. Construction Inspection and Final walk through. 32. Construction Administration 33. SUE Page 120 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 17 OF 24 III. DELIVERABLES Task 1 - Surveying Task 2 – Geotechnical Investigation · Digital Topographic Drawing · One (1) Copy of Geotechnical Report Task 4 – Conceptual Design 30% Design · Conceptual Design Exhibit (up to 1 upon request) · Half Size Preliminary Retaining Wall Layouts · Half Size Preliminary Bridge Layouts · 30% Opinion of Probable Construction Cost · PDF version of 30% Deliverable 60% Design · Half Size 60% Plan sets (up to 1 upon request) · 60% Opinion of Probable Construction Cost · PDF version of 60% Deliverable 90% Design · Half Size 90% Plan sets (up to 1 upon request) · PDF version of 90% Deliverable · Half Size 90% Plan sets (up to 1 upon request) 100% Final Design · 1000% Opinion of Probable Construction Cost · PDF version of 1000% Deliverable · Half Size 100% Plan sets (up to 1 upon request) Task 5 - Hydraulics & Hydrology 30% Design · Drainage area map(s) · Hydraulic workmap & results tables 60% Design · Drainage area map(s) · Hydrologic data sheet (parameter summary table & computation results tables) · Hydraulic workmap & results tables · HEC-RAS cross section plots 90% & 100% Design · Drainage area map(s) · Hydrologic data sheet (parameter summary table & computation results tables) · Hydraulic workmap & results tables · HEC-RAS cross section plots Narrative Drainage Report · Included: o Narrative drainage report. o Floodplain work maps. o Technical documentation. Page 121 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 18 OF 24 o Coordination with the Town. · Not included in this item: o Town review fees; and Supporting site civil plans. Task 8 – Environmental Services · Environmental Technical Memo Task 11 – Construction Administration · TBD (Additional Services -$18,571.20) · Pay item listing · Half-size and full-size of final (signed and sealed) Conformed plan sets (up to 1 each upon request) Task 12 – Record Drawings · One (1) DWG of the record drawings base map in accordance with Town standard · One (1) PDF copy of each sheet of the record drawings Page 122 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 19 OF 24 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND CP&Y, INC. DBA STV INFRASTRUCTURE FOR THE TEEL PARKWAY [FIRST - FREEMAN] PROJECT (PRJ# 2415-ST) I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed 09/16/2024 Task 1 - Survey 011/08/2024 $ 69,630.00 Task 2 - Geotech 04/25/2025 $ 43,915.00 Task 3 - Project Management On Going $ 39,440.00 Task 4 - Design Submittals 30% Review (4 weeks) 60% Review (4 weeks) 90/100% 90% Review (4 weeks) 100% Review (2 weeks) 100% Signed and Sealed Plans 01/24/2025 02/24/2025 04/25/2025 05/26/2025 07/11/2025 08/11/2025 09/05/2025 09/22/2025 10/06/2025 $145,600.00 $196,100.00 $207,277.50 Task 5 - Hydraulics & Hydrology Task 6 - LOMR (Additional Services - $50,000) Task 7 - SUE (Additional Services - $30,112.50) Task 8 - Environmental Services Task 9 - Bidding 07/11/2025 TBD TBD 07/11/2025 12/12/2025 $77,000.00 - - $7,060.00 $9,880.00 Task 10 - Construction Admin. (Additional Services -$18,571.20) Task 11 - Record Drawings Direct Expenses TBD 07/30/2027 On Going - $3,980.00 $6,857.80 Total Compensation $806,740.30 Page 123 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 20 OF 24 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 3 - Project Management $39,440.00 Task 4 - Design Submittals 30% 60% 90/100% $145,600.00 $196,100.00 $207,277.50 Task 9 - Bidding $9,880.00 Total Basic Services: $598,297.50 Special Services (Hourly Not-to-Exceed) Amount Task 1 - Survey Task 2 - Geotech Task 5 - Hydraulics & Hydrology Task 6 - LOMR (Additional Service - $50,000) Task 7 - SUE (Additional Service - $30,112.50) Task 8 - Environmental Services Task 10 - Construction Admin. (Additional Service $18,571.20) Task 11 - Record Drawings $ 69,630.00 $ 43,915.00 $77,000.00 - - $7,060.00 - $3,980.00 Total Special Services: $201,585.00 Direct Expenses Amount Basic Services $6,857.80 Total Direct Expenses: $6,857.80 Page 124 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 21 OF 24 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Page 125 Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 22 OF 24 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non- payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 126 Item 9. Page 127Item 9. PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 24 OF 24 EXHIBIT E CONFLICT OF INTEREST QUESTIONNAIRE CP&Y, Inc dba STV Infrastructure N/A N/A N/A N/A N/A Page 128 Item 9. LOCATION MAP Teel Parkway (First-Freeman) First Street Freeman Way Teel Parkway Page 129 Item 9. Page 1 of 1 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Notice of Appeals Town Council Meeting – September 10, 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 September 3, 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-24-0040 – Windsong Ranch Office Addition, Block A, Lots 2-3 (Approved 6-0) 2. DEVAPP-24-0082 – Gates of Prosper, Block E, Lots 3-4 (Approved 6-0) 3. DEVAPP-24-0095 – Victory at Frontier, Block A, Lot 3 (Approved 6-0) Town Staff Recommendation: Town Staff recommends the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 130 Item 10. 582583583584583 5 8 3 583 584583583584582583 586 585 585582 583 582 581 583 582 581580580579579578578577577581582583 585 584 583 583584 585 583583582582581581580580580580584 585584585585584584585 584 585 584 APPROXIMATE LOCATION OF POST-PROJECT 100-YEAR FLOODPLAIN PER WINDSONG RANCH DOE BRANCH TRIBUTARY 6.1 AND 6.1.1 FLOOD STUDY DATED SEPTEMBER 30, 2022FLFLFL FL FLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FLFLFLFLFLFLFLFLFLBUILDING B ±13,880 SF CI CI CI CI CI CI W G G G W W D D G S SS STEEL PARKWAY(A VARIABLE WIDTH RIGHT-OF-WAY)BM# 100 BM# 101 N90°00'00"E 311.14'S0°00'00"E120.00'N13°43'13"E123.52'N13°43'13"E123.52'N13°43'13"E123.52'N13°43'13"E166.50'∆=22°10'32" R=890.00' L=344.46' CB=N2°37'57"E C=342.32' S64°0 0' 2 5 " W 440.1 7'S0°00'00"E310.80'N90°00'00"E 340.43' EXISTING VET CLINIC S S 583 584 583582574 575 576 577 578579580581582582 579 578 577 576 577 576 575 574 582 F L FLFLFLFLFLFLFLFLF L FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FLFLFLFLFLFLT FLFLFLFLFL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL1412 3 6 8 5 9 10 10 9 8 13 2 5 11 9 10 12 BUILDING A 12,062 SF RETAIL / RESTAURANT BUILDING B 13,909 SF RETAIL / RESTAURANT CALLED TRACT 1 VP WINDSONG OPERATIONS LLC DOC. NO. 2018-142926 D.R.D.C.T. ZONING: PD-40 SINGLE FAMILY EXISTING VET CLINIC LOT 1, BLOCK A WINDSONG RANCH OFFICE ADDITION VOL. 2022, PG. 131 D.R.D.C.T. ZONING: PD-103-OFFICE FFE = 585.50 CALLED 113.223 ACRES PROSPER INDEPENDENT SCHOOL DISTRICT DOC. NO. 2017-34540 D.R.D.C.T. ZONING: PD-40 SINGLE FAMILY 181' 88' 75' 76' R30' R10'R10' R30' R30' R10' R10' R30' R30' R30' R15' R77' R54' R74' R74' R54'189'75' 159' 167'7'9'20' TYP. 24'9'TYP.20' T Y P . 24' 20'9'TYP.24' 24' 24' 18' TY P . 9' TYP.18' TYP.12'12'14'18'24' 9' TYP.8' 22' T Y P.24'19'9'1 8 ' TYP .24' 2 0 ' TYP .9'TYP.24'18' TYP. 20' TYP. 18' TYP.24'20' TYP. 29'167'91'57'7'18'24' 9' TYP.8'9'TYP.20' TYP.9'TYP.9'TYP.18' TYP.24'20' TYP.9'TYP.9'TYP.9'TYP.10'TYP.20' TY P . 20'19'10'TYP.228' 10' 10'72' 7'6'15' 24' 22'9'TYP.9'TYP.9'TYP.24'20' TYP.13' PROP. 15' LANDSCAPE EASEMENT PROP. 15' LANDSCAPE EASEMENT 6.5' SIDEWALK PROP. 10' STREET EASEMENT 30' FRONT YARD SETBACK 25' REAR SETBACK 25' REAR YARD SETBACK 6' SIDEWALK EX. FIRE HYDRANT PROP. 5'x10' WE PROP. 10' WE TRANSFORMER WITH SCREENING REF. LANDSCAPE PLANS EX. FIRE HYDRANT DUMPSTER ENCLOSURE ULTIMATE ROAD CONFIGURATION PER 2021 TOWN THOROUGHFARE PLAN 24' FIRE LANE, ACCESS, DRAINAGE, & UTILITY EASEMENT EX. 40' DRAINAGE EASEMENT DOC. NO. 2022-131 O.P.R.D.C.T. - TO BE REMOVED EX. 15' WATER EASEMENT DOC. NO. 2022-131 O.P.R.D.C.T.- TO BE MODIFIED EX. 20' SANITARY SEWER EASEMENT DOC. NO. 2022-131 O.P.R.D.C.T. - TO BE REMOVED EX. 15' SANITARY SEWER EASEMENT DOC. NO. 2022-136680 O.P.R.D.C.T. 35' TEMPORARY CONSTRUCTION EASEMENT DOC. NO. 2022-136680 P.R.D.C.T. - TO BE REMOVED BY SEPARATE INSTRUMENT 20' SEWER EASEMENT DOC. NO. 2022-129450 D.R.D.C.T. VARIABLE WIDTH FIRE, ACCESS, DRAINAGE AND UTILITY EASEMENT NO. 2022-131 O.P.R.D.C.T. REMOTE FDC WITH BOLLARD PROTECTION REMOTE FDC WITH BOLLARD PROTECTION CANOPY OVERHANG (TYP.) PROP. 5' WE EX. WATER EASEMENT DOC. NO. 2022-131 O.P.R.D.C.T. EXISTING FIRE LANE 25' HIKE & BIKE, ACCESS & LANDSCAPE EASEMENT DOC. NO. 2024-126 O.P.R.D.C.T. 30' FRONT YARD SETBACK 10' SIDE YARD SETBACK 10' REAR YARD SETBACK 15' LANDSCAPE EASEMENT DOC. NO. 2024-126 O.P.R.D.C.T. LIVING SCREEN LIVING SCREEN PROPOSED DRAINAGE EASEMENT PROPOSED FIRE LANE 10' SIDE YARD SETBACK VARIABLE WIDTH FIRE, ACCESS, DRAINAGE AND UTILITY EASEMENT BY WINDSONG RANCH OFFICE ADDITION DOC.NO. 2024-126 O.P.R.D.C.T. 12' ACCESS EASEMENT BY WINDSONG RANCH OFFICE ADDITION DOC. NO. 2024-126 O.P.R.D.C.T. 10' SIDE YARD SETBACK 5' LANDSCAPE SETBACK 25' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT, ADJACENT TO THOROUGHFARE LIMITS OF EXISTING DRIVE ARE BASED ON THE WSR VET CLINIC PLANS PREPARED BY SPIARS ENGINEERING DATED 12/1/2022 AND HAVE NOT BEEN VERIFIED BY TOPOGRAPHIC SURVEY. CONTRACTOR TO SURVEY EXISTING DRIVE AND NOTIFY ENGINEER OF ANY DISCREPANCIES. PROPOSED DRAINAGE EASEMENT 5' LANDSCAPE BUFFER PROP. 15' LANDSCAPE EASEMENT CROSSHATCHED PORTION OF F.A.D.U.E. TO BE ABANDONED 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER PROP. WATER ESMT DRAINAGE EASEMENT BY SEPARATE INSTRUMENT RECORDATION NUMBER: XXXXXX DRAINAGE EASEMENT BY SEPARATE INSTRUMENT RECORDATION NUMBER: XXXXXX PROP. DRAINAGE ESMT PROP. DRAINAGE ESMT PROP. DRAINAGE ESMT PROP. DRAINAGE ESMT 5' LANDSCAPE BUFFER 10' BUILDING SETBACK 10' BUILDING SETBACK PROP. ELECTRICAL EASEMENT BY SEPARATE INSTRUMENT RECORDATION NUMBER: XXXXXX R10' R10' 10' BUILDING SETBACK PROPOSED LOT LINE 10' BUILDING SETBACK PROPOSED LOT LINE 5' LANDSCAPE BUFFER R30' R30' PROP. 15' WE 10' WATER EASEMENT DOC. NO. 2024-126 O.P.R.D.C.T. PROP. 10' ELECTRICAL EASEMENT BY SEPARATE INSTRUMENT RECORDATION NUMBER: XXXXXX 40' 13' SLIDING DOOR REF. FACADE PLAN PATIO AREA 822 SF (NOT FENCED) PROP. DRAINAGE ESMT LOT 3, BLOCK A 1.69 ACRES (73,691 SF) LOT 2, BLOCK A 1.90 ACRES (82,811 SF) PROP. 10' WE 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER PROP. 15' DRAINAGE ESMT CANOPY OVERHANG (TYP.) PATIO AREA 756 SF (NOT FENCED) 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT06462030008/22/2024ANLKWJJWDTEEL PARKWAYRETAILPREPARED FORSKS PROSPER TEEL PKWYTEXASPROSPERDate114926P.E. No. Engineer JEFFREY W. DOLIAN NOT FOR CONSTRUCTION PURPOSES FOR REVIEW ONLY 8/22/2024©2024 KIMLEY-HORN AND ASSOCIATES, INC.13455 NOEL ROAD, SUITE 700, DALLAS, TX 75240PHONE: 972-770-1300 FAX: 972-239-3820WWW.KIMLEY-HORN.COMSKS Prosper Teelpkwy Retail Holdings, LLC. 603 E Broadway Street Prosper, Texas 75078 Contact: Shree Rama Phone: (956) 220-4194 Kimley-Horn and Associates, Inc. 13455 Noel Road, Two Galleria Office Tower Dallas, Texas 75240 Contact: Jeffrey Dolian, P.E. Phone: (972) 770-1300 SITE PLANNORTH ZONING/PROPOSED USE PD-103-OFFICE & SUP (S-49) LOT AREA/ SQ. FT. AND AC BUILDING AREA (GROSS SQUARE FOOTAGE)25,971 SQ FT BUILDING HEIGHT (NUMBER OF STORIES) LOT COVERAGE FLOOR AREA RATIO (FOR NON-RESIDENTIAL ZONING) TOTAL PARKING PROVIDED (RETAIL)*83 SPACES TOTAL ADA SPACES REQUIRED 7 SPACES TOTAL ADA SPACES PROVIDED USABLE OPEN SPACE REQUIRED (%) USABLE OPEN SPACE PROVIDED (%) BLOCK A, LOT 2&3 SITE DATA SUMMARY TABLE *ADA PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS AND IS INCLUDED IN TOTAL PARKING COUNT TOTAL PARKING REQUIRED (RETAIL) (1:250) IMPERVIOUS SURFACE 83 SPACES INTERIOR LANDSCAPING REQUIRED INTERIOR LANDSCAPING PROVIDED 156,502 SQ FT; 3.59 AC 28' 1 STORY 16.6% 0.17:1 2,340 SQ. FT. 116,036 SQ. FT. 12,174 SQ. FT. 6,493 SQ. FT. 10,955 SQ. FT. TOTAL PARKING PROVIDED (RESTAURANT)* TOTAL PARKING REQUIRED (RESTAURANT) (1:100 FOR RESTAURANTS IN MULTI-TENANT BUILDING) 55 SPACES 60 SPACES TOTAL PARKING PROVIDED (PATIO AREA) TOTAL PARKING REQUIRED (PATIO AREA) (1:200 FOR RESTAURANT PATIO AREA)9 SPACES 13 SPACES 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 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 STANDARD TOWN OF PROSPER SITE PLAN NOTES VICINITY MAP N.T.S. PROJECT SITE TEEL PARKWAYAVOCET LN KINGLET CT BRID G E S D RCRESCENT LNMANFREDA STALABAST A D R WHIMBRE L C T USABLE OPEN SPACE PROVIDED (SQ. FT.) 7.7% TOTAL RETAIL SF 20,562 SF TOTAL RESTAURANT SF 5,409 SF TOTAL PATIO SF 1,578 SF TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACES ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI FIRE HYDRANT FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. BUILDING LINE/SETBACKBL WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB SANITARY SEWER MANHOLE WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR FH FDC EXISTING FIRE LANE FL FL GREASE TRAP AND SAMPLE WELL - MIN. 1,000 GALLON PROPOSED DUMPSTER AREA PAVEMENT PROPOSED STANDARD DUTY PAVEMENT PROPOSED SIDEWALK SOD (CYNODON DACTYLON / COMMON TA (TRACHELOSPERMUM ASIATICUM / ASIAN JASMINE) BERMUDA GRASS) [REF. LANDSCAPE PLANS] [REF. LANDSCAPE PLANS] OUTDOOR PATIO BOUNDARY SP-1 147 SPACES 156 SPACESTOTAL PARKING PROVIDED (RETAIL, RESTAURANT, AND PATIO)* TOTAL PARKING REQUIRED (RETAIL, RESTAURANT, AND PATIO)* 7% USABLE OPEN SPACE REQUIRED (SQ. FT.) TOTAL SITE RESTAURANT AND RETAIL 12,062 SQ FT 41 SPACES 3 SPACES 41 SPACES 73,691 SQ FT; 1.69 AC 28' 1 STORY 16.4% 0.16:1 975 SQ. FT. 50,565 SQ. FT. 6,114 SQ. FT. 3,146 SQ. FT. 5,158 SQ. FT. 20 SPACES 20 SPACES 4 SPACES 4 SPACES 8.3% 10,062 SF 2,000 SF 756 SF 65 SPACES 65 SPACES 7% LOT 3 (BUILDING A) 13,909 SQ FT 42 SPACES 4 SPACES 42 SPACES 82,811 SQ FT; 1.90 AC 28' 1 STORY 16.8% 0.17:1 1,365 SQ. FT. 65,471 SQ. FT. 6,060 SQ. FT. 3,347 SQ. FT. 5,797 SQ. FT. 35 SPACES 40 SPACES 5 SPACES 9 SPACES 7.3% 10,500 SF 3,409 SF 822 SF 82 SPACES 91 SPACES 7% LOT 2 (BUILDING B) RESTAURANT AND RETAIL 7 SPACES 3 SPACES 4 SPACES Page 131 Item 10. SSSSSS SSSSS4 8 15FLFLFLFLFLFLFLFLFLFL 14 11 T 6S SSSSSS SSTM M FLFL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL99 12 6 4 10 FLFLFLFLFLFLFLFLFLFL FL FL FLW W W W W W W W W W W W W W W W WSSS W W W W W W W W W W W W W W W W WS SSESCAPELANEDRIVETHRUDRIVETHRU9' (TYP.)9' (TYP.)18'(TYP.)R10'R10' R30' R30' R30' R123' R20' R10' 10' WE BUILDING 1 5,400 SQ FT 28' HEIGHT BANK BUILDING 2 11,200 SQ FT (RETAIL - 5,500 SQ FT) (RESTAURANT - 5,700 SQ FT) 28' HEIGHT 10' 24' FIRE LANE, ACCESS, DRAINAGE, AND UTILITY EASEMENT 24' WM FDC FDC EX FH EX FH 23' X 11' DUMPSTER ENCLOSURE SCREENED W/ 8' TALL MASONRY WALL EX FH EX FH SH 289 (PREST O N R O A D ) (VARIABLE WID T H R O W ) S CR AI G R D (65' R O W ) EX 20' SSE PRESTON ROAD WATER TOWER BLOCK A, LOT 1 TRACT EIGHT 183 LAND CORPORATION INSTR. NO. 97-0005168 DRCCT765761762763764766 767761760759 758 758 759 768 767768 767 766 765 765 7 5 7 756 755 754 754 755 756 757758 760 761762763763 7 6 2 76 1745750755760744746747748749751752753754756757758759761 32'14'32'14'14'3'24'EX 15' WE EX 10' WE EX 15' WE 10' WE 5'24' COLLIN COUNTY SCHOOL LAND #12 SURVEY ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 7, TRACT 167, 19.55 ACRES SCHOOL 65' BLOCK E, LOT 5 1.15 AC BLOCK E, LOT 4 0.98 AC BLOCK E, LOT 3 2.03 AC 10' WE EX FH TO BE RELOCATED FH WM FH 10' WE EX MHMHMH EX MH MH EX BOLLARDS TO BE REMOVED EX 10' WE PROPOSED TRANSFORMER 20' (TYP)9'(TYP)R10' R10' R10' R10' R10' R10'18'(TYP)R10' R10'16'9' (TYP )20' (TYP ) 9' (TYP)20'(TYP)R10' R30' R30'10'R10'24'24'9' (TYP)20'(TYP)R30'18'(TYP)9' (TYP) 90'60'24'24'20'60'R64' 80'70'R30' R30' 17'23'FH 23' X 11' DUMPSTER ENCLOSURE SCREENED W/ 8' TALL MASONRY WALL 2 3 '24' 11'20'(TYP)20' (TYP) R5' R30' 9' (TYP )20' (TYP )20' (TYP ) EX FH EX 15' WE EX 15' FRANCHISE UTILITY ESMT EX WE EX WE POTENTIAL GREASE TRAP LOCATION R40' R30' R30' R30' EX WE 10' WE EX 15' WE 15' BUILDING SETBACK 15'15'10'EX 10' HIKE & BIKE TRAIL EX BFR EX BFR 10'R30'EX 10' HIKE & BIKE TRAIL EX 15' WATER ESMT 15' LANDSCAPE ESMT 10' LANDSCAPE BUFFER 10' LANDSCAPE BUFFER 10' LANDSCAPE BUFFER 10' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 15' BUILDING SETBACK 15' 10' 15' R5' 9' (TYP)9'(TYP)30' BUILDING SETBACK AND LANDSCAPE ESMT30'30' BUILDING SETBACK AND LANDSCAPE ESMT 30'EX SWALE EX CI EX CI EX CI EX CI EX CI EX CI EX JB 20'(TYP.)9' (TYP) 2' PARKING OVERHANG 20' (TYP.)9'(TYP.)10' LANDSCAPE BUFFER 18'(TYP)9' (TYP) EX WE TO BE ABANDONED 5 INTERNAL STACKING SPACES 7 INTERNAL STACKING SPACES PROP DRIVE- THROUGH DRIVE-THROUGH STOPPING POINT 10'10' DRIVE-THROUGH STOPPING POINT 5'10'2' PARKING OVERHANGEX PARKING TO REMAIN EX PARKING TO REMAIN 2' PARKING OVERHANG 2' PARKING OVERHANG21' 102'15' BUILDING SETBACK 15' LANDSCAPE ESMT 30' BUILDING SETBACK 30' BUILDING SETBACK 15' LANDSCAPE ESMT 30' BUILDING SETBACK S16°53'41"E 49.23' S16°53'41"E 11.37' S0°55' 4 1 " E 205.7 4'S57°04'42"E96.61'N33°15'53" E 199.32' N24°15'50"E 85.08'N24°15'53"E 154.18'N24°15'53"E 253.13' N26°54'58"E 40.32'N63°05'22"W64.82'S24°20'39"W 13.16'N89°59'33"W369.25 ' S0°05' 0 5 " E 205.0 9' S0°04' 5 1 " E 147.6 1'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928JCRIHAJCRLAST SAVED8/29/2024 2:59 PMPLOTTED BYKORUS, RACHEL 8/29/2024 3:00 PMDWG PATHK:\MKN_CIVIL\068109030-GATES OF PROSPER\_BLOCK E\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ 24 x 36 ]IMAGES Frisco Logo - BW No Shadow :XREFS xStrm : xSurv : xUtil : xBrdr : xSite : xSurv-Ph3-Onsite : xSurv-DB : xHtch : xUtil-DB : xUtil-PSP : xCarWash-Design : xCity068109030© 2024 KIMLEY-HORN AND ASSOCIATES, INC.05/21/2024Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date100472 JOSEPH C. RICCARDI 05/21/2024 GATES OF PROSPERBLOCK EPROSPER, TEXASPSP-1PRELIMINARY SITE PLAN00 40'80' GRAPHIC SCALE 40' TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE, ACCESS, PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR DRAINAGE AND UTILITY EASEMENT VICINITY MAP N.T.S. BLOCK E, LOT 3 SITE DATA TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage) 11,200 GSF (TOTAL) BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED 78 SURFACE SPACES TOTAL HANDICAP REQUIRED 4 SPACES TOTAL HANDICAP PROVIDED 4 SPACES USABLE OPEN SPACE REQUIRED 6,200 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 10,760 SQ. FT. (12%) *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:250 FOR RETAIL) (1:100 FOR RESTAURANT) IMPERVIOUS SURFACE 47,115 SQ. FT. 78 SPACES INTERIOR LANDSCAPING REQUIRED 1,260 SQ. FT. INTERIOR LANDSCAPING PROVIDED 2,590 SQ. FT. RETAIL/RESTURANT 88,564 SF; 2.03 AC 13.17% 28' (1 STORY) .13:1 5,700 GSF (RETAIL) 5,500 GSF (RESTURANT) US 380 HWY 289BNSF RAILROADRICHLAND BLVDCOLEMAN STLOVERS LN LOVERS LNPROJECT SITE CRAIG RDBLOCK E, LOT 4 SITE DATA TABLE ZONING/PROPOSED USE PD-67/PD LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage)5,400 GSF BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL PARKING PROVIDED 30 SURFACE SPACES TOTAL HANDICAP REQUIRED 2 SPACES TOTAL HANDICAP PROVIDED 2 SPACES USABLE OPEN SPACE REQUIRED 3,000 SQ. FT. (7%) USABLE OPEN SPACE PROVIDED 5,330 SQ. FT. (12%) *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS TOTAL PARKING REQUIRED (1:350 FOR BANK) IMPERVIOUS SURFACE 20,900 SQ. FT. 16 SPACES INTERIOR LANDSCAPING REQUIRED 510 SQ. FT. INTERIOR LANDSCAPING PROVIDED 700 SQ. FT. BANK 42,751 SF; 0.98 AC 13.34% 28' (1 STORY) .13:1 183 Land Corporation Inc. 1 Cowboys Way Frisco, Texas 75034 Contact: Nicholas Link Phone: (972)-497-4854 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 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 NOTES BM#419 "(" SET ON SW CORNER OF A CURB INLET LOCATED ON THE SW BLOCK CORNER OF PRESTON ROAD AND FIRST STREET ELEV.=763.68' BM#419 "(" SET ON SW CORNER OF A CURB INLET LOCATED ON THE WEST SIDE OF PRESTON ROAD 20'± NORTH OF THE NORTH CURB LINE OF SOUTH CRAIG RANCH ROAD ELEV.=746.71' BENCH MARK LIST Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2594 below. before you dig.Call Know what's Page 132 Item 10. D FRONTIER PARKWAY N. PRESTON ROAD(STATE HIGHWAY 289)LOT 2, BLOCK A VICTORY AT FRONTIER INSTRUMENT NO. 2018-699 O.P.R.C.C.T. REMAINDER OF LOT 3, BLOCK A VICTORY AT FRONTIER INSTRUMENT NO. 2018-699 O.P.R.C.C.T. USE: PARKING LOT ZONING:PD-10 (RETAIL "R") 30' RIGHT-OF-WAY DEDICATION INST. NO. 2018-699 O.P.R.C.C.T. 10' WATER EASEMENT DOC. NO. 20080623000754670 R.P.R.C.C.T. 10'x10' WATER EASEMENT INST. NO. 2021-56 O.P.R.C.C.T. WATER EASEMENT DOC. NO. 20200415000542160 O.P.R.C.C.T.TRASHRECYCLEUSED COOKING OIL7-ELEVEN L1 L2L3 L4L5L6L712' FIRELANE, ACCESS & UTILITY EASEMENT INST. NO. 2021-56 O.P.R.C.C.T. DRAINAGE & SANITARY SEWER EASEMENT INST.NO. 2018-699 P.R.C.C.T. 24' FIRELANE, ACCESS AND UTILITY EASEMENT INST. NO. 2021-56 O.P.R.C.C.T. 24' FIRELANE, ACCESS, DRAINAGE & UTILITY EASEMENT INST. NO. 2021-56 (P.R.C.C.T.) 12' FIRELANE, ACCESS, DRAINAGE & UTILITY EASEMENT INST. NO. 2021-074 (S11650) D.R.C.C.T. 12' FIRELANE, ACCESS, DRAINAGE & UTILITY EASEMENT INST. NO. 2021-074 (S11650) D.R.C.C.T. 24' FIRELANE, ACCESS & UTILITY EASEMENT INST. NO. 2021-56 O.P.R.C.C.T. 10' WATER EASEMENT DOC. NO. 2023000016607 P.R.C.C.T. 25'10'FRONT OF EQUIPMENTPRIMARYSECONDARYDEAD BACKINCOMING FRONT i-L INE FRONTFRONT4'-0" M IN . NEC IF FAC ING 480V EQUIP .8.6'PROPOSED "YIELD" SIGN EV CHARGINGONLYABBCHARGINGSTATION3'NOPARKINGEV CHARGINGONLYEV CHARGINGONLYEV CHARGINGONLY86 5 5 R5' R5' PROP. "DO NOT ENTER" SIGN PROP. WHEEL STOP & ADA SIGN (TYP.)STOPPROP. WATER EASEMENT (BY SEPARATE INSTRUMENT)30' B.S.30' L.E.PROPOSED 20' x 25' ELECTRIC EASEMENT (BY SEPARATE INSTRUMENT) PROP. WATER EASEMENT (BY SEPARATE INSTRUMENT)20'9' 11'8'9' 9' 6' 6'12'50'30'20'9' 18.3'12.41'24'24'30'6'6'10' 5' PORTION OF LOT 3, BLOCK A VICTORY AT FRONTIER LUCKY 7 RETAIL LLC 1.198 ACRES (52,187 S.F.) EXISTING RAMP EXISTING24'DRIVEWAYABBCHARGINGSTATION24'R10' R3 ' R15' PROP. EV CHARGING STATION PROP. TRASH RECEPTACLE PROP. "DO NOT ENTER" SIGN R5'10.4'PROP. ADA RAMP WITH HANDRAIL COMPLYING WITH TAS 505 (REFER TO SHEET "C-3.1 - A-1 BFR WITH HANDRAIL" DETAIL FOR DETAILS) PROP. BOLLARDS (TYP.) PROPOSED FULL-DEPTH SAW-CUT (TYP.) 6' R 5 'R10'R 1 0 'R30'CONCRETE SIDEWALK PROPOSED STOP BAR PROPOSED 10' ELECTRIC EASEMENT (BY SEP. INSTRUMENT) R3'R3' R45' R45' R 2 ' R55' R35' R65' R55'5'5'5'6'5'R5' R8' PROPOSED BATTERY & TRANSFORMER (5.67' HIGH) (TO BE SCREENED BY LANDSCAPE) 5' L.E. 5' L.E. 5' L.E.5' L.E.5' L.E. 5' L.E. 24' SITE LEGEND CONCRETE CURB SAW-CUT LINE WHEEL STOPS HANDICAP SIGN HANDICAP LOGO STRIPING HANDRAIL FIRE HYDRANT RAMP EXISTING FIRE LANE PARKING SPACES TRAFFIC ARROW X DOMESTIC WATER METER IRRIGATION METER TRANSFORMER LIGHT POLE TRASH RECEPTACLE OPEN SPACE AREA ABB CHARGING STATIONELECTRIC VEHICLE CHARGING STATION BOLLARDS LANDSCAPE AREA AREA OF CONSTRUCTION CONCRETE SIDEWALK TxDOT CONCRETE SIDEWALK EXISTING LEGEND BUILDING LINE EASEMENT BOUNDARY CONCRETE BRICK STONE WOOD DECK GRAVEL HIGHBANK LINE PARKING STRIPE BUILDING WALL TILE FIRE LANE STRIPE PIPE RAIL FENCE NO PARKING CON. RET. WALL HANDICAP SPACETELE. BOX CABLE BOX 1/2" IR FOUND 1/2" IR SET WATER METER GAS METER OHU OVERHEAD UTILITY LINE BARBED WIRE FENCE IRON FENCE CHAINLINK FENCE WOOD FENCE X A.C. PAD UTILITY POLE 5/8" IR FOUND ASPHALT TRANS. BOX 60-D NAIL FOUND ELECTRIC BOX 3/8" IR FOUND SAN. SEW. CO. PK NAIL SET STONE RET. WALL BRICK RET. WALL IR. VALVE STORM DRAIN MH. SAN. SEW. MH. IRRIGATION VALVE WATER VALVE FIRE HYDRANT BRICK COLUMN STONE COLUMN GUY WIRE ANCHOR 1/2" IP FOUND BOLLARD POST LIGHT POLE COVERED AREA GAS MARKER1" IR FOUND 1" IP FOUND POINT FOR CORNER 3/4" IP FOUND CON. MONUMENT X-FOUND X-SET SITE W FRONTIER PARKWAY VICINITY MAP N.T.S. N N PRESTON ROADSITE GENERAL NOTES 1.ALL CONSTRUCTION SHALL BE IN STRICT ACCORDANCE WITH THE TOWN OR LOCAL JURISDICTION STANDARDS. 2.THE LOCATION OF UNDERGROUND UTILITIES INDICATED ON THE PLANS IS TAKEN FROM AS-BUILTS, UTILITY PLANS OR SURVEY. IT IS THE CONTRACTOR'S RESPONSIBILITY TO MAKE ARRANGEMENTS WITH THE OWNERS OF SUCH UNDERGROUND UTILITIES PRIOR TO WORKING IN THE AREA TO CONFIRM THEIR EXACT LOCATION AND TO DETERMINE WHETHER ANY ADDITIONAL UTILITIES OTHER THAN THOSE SHOWN ON THE PLANS MAY BE PRESENT. THE CONTRACTOR SHALL PRESERVE AND PROTECT ALL UNDERGROUND UTILITIES. IF EXISTING UNDERGROUND UTILITIES ARE DAMAGED, THE CONTRACTOR WILL BE RESPONSIBLE FOR THE COST OF REPAIRING THE UTILITY. 3.WHERE EXISTING UTILITIES OR SERVICE LINES ARE CUT, BROKEN OR DAMAGED, THE CONTRACTOR SHALL REPLACE OR REPAIR THE UTILITIES OR SERVICE LINES WITH THE SAME TYPE OF ORIGINAL MATERIAL AND CONSTRUCTION, OR BETTER, UNLESS OTHERWISE SHOWN OR NOTED ON THE PLANS, AT HIS OWN COST AND EXPENSE. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE ENGINEER AT ONCE OF ANY CONFLICTS WITH UTILITIES. 4.ALL EXCAVATIONS, TRENCHING AND SHORING OPERATIONS SHALL COMPLY WITH THE REQUIREMENTS OF THE U. S. DEPARTMENT OF LABOR, OSHA, CONSTRUCTION SAFETY AND HEALTH REGULATIONS AND ANY AMENDMENTS THERETO. 5.THE CONTRACTOR SHALL RESTORE ALL AREAS DISTURBED BY CONSTRUCTION TO ORIGINAL CONDITION OR BETTER. RESTORED AREAS INCLUDE, BUT ARE NOT LIMITED TO TRENCH BACKFILL, SIDE SLOPES, FENCES, DRAINAGE DITCHES, DRIVEWAYS, PRIVATE YARDS AND ROADWAYS. 6.ANY CHANGES NEEDED AFTER CONSTRUCTION PLANS HAVE BEEN RELEASED, SHALL BE APPROVED BY THE CITY ENGINEER. THESE CHANGES MUST BE RECEIVED IN WRITING. 7.THE CONTRACTOR SHALL PROVIDE "RED LINED" MARKED PRINTS TO THE ENGINEER PRIOR TO FINAL INSPECTION INDICATING ALL CONSTRUCTION WHICH DEVIATED FROM THE PLANS OR WAS CONSTRUCTED IN ADDITION TO THAT INDICATED ON THE PLANS. 8.ALL CURB RADIUS TO BE 10' OR 2' UNLESS OTHERWISE NOTED ON THE SITE PLAN. BOUNDARY LINE DATA LINE NO. L1 BEARING DISTANCE N 89°26'11" E 83.18' L2 S 00°15'13" W 26.30' L3 S 88°35'36" E 263.84' L4 S 01°24'24" W 76.26' L5 S 04°16'09" W 68.37' L6 N 88°35'37" W 344.09' L7 N 01°24'24" E 167.98' TOTAL PARKING PROVIDED: PROPOSED USE: ZONING: SITE ACREAGE: HANDICAP PARKING PROVIDED: IMPERVIOUS AREA: LANDSCAPE AREA (PROVIDED): SITE DATA SUMMARY TABLE EV PARKING PROVIDED: 4 SPACES (2 ADA PARKING SPACES) REGULAR PARKING PROVIDED: 1.20 ACRES (52,187 S.F.) PD-10 (RETAIL "R") PARKING 14 SPACES (9' x 20') 2 SPACES (1 VAN ACCESIBLE) 24 SPACES 39,506 S.F. (75.7%) 5,557 S.F. (10.65%) 6 SPACES (12' x 50') OPEN SPACE (REQUIRED):3,653 S.F. (7%) OPEN SPACE (PROVIDED):7,124 S.F. (13.65%) LANDSCAPE AREA (REQUIRED):5,219 S.F. (10%) Know what's below. Call before you dig. TX. P.E. FIRM #11525 T: 469.331.8566 F: 469.213.7145 E: info@triangle-engr.com W: triangle-engr.com O: 1782 W. McDermott Drive, Allen, TX 75013 Planning Civil Engineering Construction Management 7-ELEVEN PARKING ADDITION PORTION OF LOT 3, BLOCK A TOWN OF PROSPER COLLIN COUNTY, TEXAS 75078 VICTORY AT FRONTIER, LOT 3, BLOCK A Scale: 1" = 'Feet 0 20 40 C-3.0 SITE PLAN NO EXISTING TREES ON SITE TOWN OF PROSPER SITE PLAN GENERAL NOTES . ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. . LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. . ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. . HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. . ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. . IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. . THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IN NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. . OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND*. Page 133 Item 10. Page 1 of 2 To: Mayor and Town Council From: Judith Jacinto, Court Administrator Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Ryan Patterson, Assistant Finance Director Re: Municipal Judge Agreement Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon the appointment of a Municipal Judge, and authorize the Mayor to execute an agreement for same. Description of Agenda Item: Article IV, Section 4.03 of the Town Charter requires the Town Council to appoint a Municipal Judge by the affirmative vote of a majority of the full membership of the Town Council. The Municipal Judge is appointed to a term of two years, and may be appointed to additional consecutive terms. If reappointed, the Judge’s new term will begin on October 1, 2024, and end on September 26, 2026. Judge David Moore has been the Municipal Judge for the Town of Prosper for over twenty years and has served as Municipal Judge for various communities in Collin County and Denton County for over thirty years. Judge Moore has expressed his desire to continue serving as the Municipal Judge for the Town of Prosper. Judge Moore is compensated according to a monthly retainer compensation plan of Four Thousand Two Hundred and No/100 Dollars, which is reflected in the attached agreement. Budget Impact: Compensation for the Municipal Judge is a budgeted item and is paid from the Judicial Services account 100-5420-10-07. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Agreement MUNICIPAL COURT Page 134 Item 11. Page 2 of 2 Town Staff Recommendation: Town Staff recommends the reappointment of Judge David Moore as the Municipal Judge for the Town of Prosper for a two-year term, and authorizing the Mayor to execute an agreement for same. Proposed Motion: I move to reappoint Judge David Moore as the Municipal Judge for the Town of Prosper for a two- year term, and authorize the Mayor to execute an agreement for same. Page 135 Item 11. Page 136 Item 11. Page 137 Item 11. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Robert B. Scott, Deputy Town Manager Re: Public Hearing on Proposed FY 2024-2025 Annual Budget Adoption of FY 2024-2025 Annual Budget Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Conduct a public hearing to receive public input, consider such input, and consider and act upon an ordinance adopting the Fiscal Year (FY) 2024-2025 Annual Operating and Capital Project Funds budgets and five-year Capital Improvement Program for the fiscal year beginning October 1, 2024, and ending September 30, 2025. Description of Agenda Item: According to Local Government Code Chapter 102 and the Town Charter, the Town must hold a Public Hearing on the proposed budget. Approval of this item will appropriate funds for the FY 2024-2025 Operating and Capital Project Fund budgets and adopt the five-year Capital Improvement Program plan. Prior to this meeting, the Town published required notices, held a public hearing that included staff presentations about the budget, 2024 tax rate, and also gave interested citizens the opportunity to ask questions and provide input at a Budget Town Hall Meeting. Subsection C of Section 102.007 of the Local Government Code requires that adoption of a budget raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to, and separate from, the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26 of the Tax Code. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Statement for opening public hearing 2. Ordinance 3. Ordinance Exhibit A – FY 2024-2025 Proposed Budget Summary FINANCE Page 138 Item 12. Page 2 of 2 Town Staff Recommendation: Town Staff recommends that the Town Council approve an ordinance adopting the Fiscal Year 2024-2025 Annual Budget and Capital Improvement Program for the fiscal year beginning October 1, 2024, and ending September 30, 2025, as proposed. This item requires a roll call/record vote. Proposed Motion: I move to approve an ordinance adopting the Fiscal Year 2024-2025 Annual Budget and Capital Improvement Program for the fiscal year beginning October 1, 2024, and ending September 30, 2025, as proposed. Page 139 Item 12. ANNUAL FUNDS AMENDED BUDGET 2023-2024 PRELIMINARY 2024-2025 CHANGES FINAL PROPOSED 2024-2025 GENERAL FUND 49,837,390$ 52,819,628$ -$ 52,819,628$ WATER/SEWER FUND 38,912,648 38,751,068 (143,429) 38,607,639 DEBT SERVICE (I&S)15,747,866 18,526,992 316,563 18,843,555 TIRZ # 1 5,854,049 4,793,823 - 4,793,823 TIRZ # 2 102,884 131,724 - 131,724 CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 3,168,564 3,346,035 - 3,346,035 FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT 3,028,023 3,544,260 - 3,544,260 PARK DEDICATION/IMPROVEMENT 2,113,800 2,325,050 - 2,325,050 IMPACT FEES 7,880,640 20,704,503 - 20,704,503 SPECIAL REVENUE 467,619 1,214,355 - 1,214,355 HOTEL OCCUPANCY TAX FUND - - 28,563 28,563 STORM DRAINAGE 977,836 976,220 - 976,220 SOLID WASTE 4,884,664 3,185,043 - 3,185,043 VERF 1,547,948 2,538,600 - 2,538,600 HEALTH INSURANCE TRUST 5,150,126 5,372,948 - 5,372,948 139,674,057$ 158,230,249$ 201,697$ 158,431,946$ Capital Projects are budgeted on a project basis with appropriations remaining valid for the life of the project. Funds encumbered for the VERF will also be re-apportioned for FY 2023-2024. MULTI-YEAR FUNDS GOVERNMENTAL CAPITAL PROJECTS FUND 53,822,047 UTILITY CAPITAL PROJECTS FUND 74,188,682 128,010,729 GRAND TOTAL EXHIBIT A Summary of Budget Book Totals GRAND TOTAL Ord 24-xx, Page 3 Page 140 Item 12. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024- AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE FISCAL YEAR 2024-2025 ANNUAL BUDGET AND CAPITAL PROJECT FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025, FOR THE TOWN OF PROSPER, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Annual Budget for the Town of Prosper, Texas, was prepared by the Town Manager and presented to the Town Council on August 13, 2024, in accordance with the Town Charter of the Town of Prosper, Texas; and WHEREAS, the proposed annual budget document was posted on the Town's Internet website and also made available for public review; and WHEREAS, a Notice of a Public Hearing concerning the proposed Annual Town and Capital Project Fund Budget was published as required by state law and said Public Hearing thereon was held by the Town Council on September 10, 2024; and WHEREAS, following the Public Hearing, and upon careful review of the proposed Fiscal Year 2024-2025 Annual and Capital Project Fund Budget, it is deemed to be in the best financial interests of the citizens of the Town of Prosper, Texas, that the Town Council approve said budget; and WHEREAS, in conjunction with the adoption of the Annual Town Budget, the Town also wishes to adopt its recommended Fiscal Year 2024-2025 five-year Capital Improvement Program as required by Town Charter. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2 The official budget for the Town of Prosper, Texas, for the fiscal year beginning October 1, 2024, and ending September 30, 2025, is hereby adopted by the Town Council of the Town of Prosper, Texas, and the Town Secretary is directed to keep and maintain a copy of such official budget on file in the office of the Town Secretary and, upon request, make same available to the citizens and the general public. SECTION 3 The expenditures during the fiscal year beginning October 1, 2023, and ending September 30, 2024, shall be made in accordance with the budget approved by this Ordinance unless otherwise authorized by a duly enacted ordinance of the Town of Prosper, Texas. Page 141 Item 12. Ordinance No. 2024-xx, Page 2 SECTION 4 The sums specified in Exhibit A are hereby appropriated from the respective funds for the payment of expenditures on behalf of the Town government as established in the approved budget document. SECTION 5 Should any part, portion, section, or part of a section of this Ordinance be declared invalid, or inoperative, or void for any reason by a court of competent jurisdiction, such decision, opinion, or judgment shall in no way affect the remaining provisions, parts, sections, or parts of sections of this Ordinance, which provisions shall be, remain, and continue to be in full force and effect. SECTION 6 All ordinances and appropriations for which provisions have heretofore been made are hereby expressly repealed if in conflict with the provisions of this Ordinance. SECTION 7 In accordance with state law and the Town’s Code of Ordinances, proper Notice of Public Hearing was provided for said Ordinance to be considered and passed, and this Ordinance shall take effect and be in full force and effect from and after its final passage. SECTION 8 Specific authority is hereby given to the Town Manager to transfer appropriations budgeted from one account classification or activity to another within any individual fund. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 10TH DAY OF SEPTEMBER, 2024. APPROVED: ________________________________ David F. Bristol, Mayor ATTEST: _____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Page 142 Item 12. Ordinance No. 2024-xx, Page 3 EXHIBIT A Page 143 Item 12. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Robert B. Scott, Deputy Town Manager Re: Public Hearing on Proposed FY 2024-2025 Tax Rate Adoption of FY 2024-2025 Tax Rate Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Conduct a public hearing to consider and act upon an ordinance adopting a tax rate of $0.505 per $100 valuation for fiscal year 2024-2025. Description of Agenda Item: This item is to adopt the tax year 2024 tax rate to generate sufficient revenues as required in the Adopted FY 2024-2025 Budget. The attached ordinance sets the 2024 ad valorem tax rate at $0.505 cents per $100 assessed valuation, to be distributed as follows: $0.324608 for Maintenance and Operations $0.180392 for Debt Service Totaling $0.505000 Total Tax Rate Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Statement for opening public hearing 2. Ordinance Town Staff Recommendation: This item requires a record vote, and at least 60 percent of the members of the governing body must vote in favor of the ordinance. The tax code is specific in the form of making a motion to set the tax rate. Town staff recommends that the Town Council approve an ordinance adopting the 2024 tax rate using the required language below. FINANCE Page 144 Item 13. Page 2 of 2 Proposed Motion: Please make your motion using this required language: “I move that the property tax rate be increased by the adoption of a tax rate of $0.505, which is effectively a 8.15 percent increase in the tax rate.” Page 145 Item 13. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE TOWN OF PROSPER 2024 PROPERTY TAX RATE; LEVYING TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2024, AND ENDING SEPTEMBER 30, 2025, AT THE RATE OF $0.505 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN OF PROSPER, TEXAS, IN ACCORDANCE WITH EXISTING STATUTORY REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF ON THE TOWN’S HOME PAGE OF ITS WEBSITE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (hereinafter referred to as the “Town”), hereby finds that the tax for the fiscal year beginning October 1, 2024, and ending September 30, 2025, hereinafter levied for current expenditures of the Town and the general improvements of the Town and its property, must be levied to provide revenue requirements for the budget for the ensuing year; and WHEREAS, the Town Council has approved, by separate ordinance to be adopted on the 10th day of September, 2024, the budget for the fiscal year beginning October 1, 2024, and ending September 30, 2025; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been complied with by 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 The Town Council of the Town of Prosper, Texas, does hereby adopt and levy the following tax rate of $0.505 per $100 assessed valuation for the Town for tax year 2024 as follows: $0.324608 for the purpose of maintenance and operation; and $0.180392 for payment of principal and interest on debt service. SECTION 3 The rate adopted is higher than the no-new-revenue rate and lower than the voter- approval rate as calculated according to the Truth in Taxation provisions of the Texas Tax Code, as amended, and the total levy for maintenance and operations exceeds last year’s levy for same. Page 146 Item 13. Ordinance No. 2023-XX, Page 2 THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.50 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $-8.13. The Town’s website shall reflect the foregoing statements, pursuant to applicable provisions of the Texas Tax Code, as amended. SECTION 4 The Tax Assessor-Collectors for Collin County and Denton County are hereby authorized to assess and collect the taxes of the Town of Prosper in accordance with this Ordinance. The Town shall have all rights and remedies provided by the law for the enforcement of the collection of taxes levied under this ordinance. SECTION 5 All provisions of any ordinance in conflict with this Ordinance are hereby repealed; however, such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7 This Ordinance shall become effective from and after its adoption and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___, ON THIS THE 10TH DAY OF SEPTEMBER, 2024. APPROVED: ___________________________________ David F. Bristol, Mayor Page 147 Item 13. Ordinance No. 2023-XX, Page 3 ATTEST: ___________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ Terrence S. Welch, Town Attorney Page 148 Item 13. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Robert B. Scott, Deputy Town Manager Re: Ratification of FY 2024-2025 Tax Rate Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Ratifying the property tax increase in the budget for fiscal year (FY) 2024-2025. Description of Agenda Item: According to Texas Local Government Code Section 102.007, "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." This budget will raise more revenue from property taxes than last year's budget by an amount of $5,926,328, which is a 14.33 percent increase from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is $4,395,771. Budget Impact: This action is a required step in adoption of the Budget and Tax Rate. Town Staff Recommendation: Town Staff recommends making a motion to ratify the property tax increase in the budget for fiscal year (FY) 2024-2025. Proposed Motion: I move to ratify the property tax increase in the budget for fiscal year (FY) 2024-2025. FINANCE Page 149 Item 14. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Water & Wastewater Rate Adjustment (CL) Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon approving an ordinance to adjust Water & Wastewater Rates. (CL) Description of Agenda Item: The Water and Wastewater Utility Fund has a financial goal of breaking even over time while complying with all Town Financial Policies, meeting or exceeding all debt related covenants, and maintaining the water and sewer infrastructure in good operating condition with adequate capacity to support growth and future economic development. In keeping with this goal, large surpluses generated from hotter or drier than expected weather may be either reinvested into maintaining the system or used to postpone future rate increases. For these reasons, the Town has not needed to raise rates since FY 2020. In recent years rapid growth in the region has required significant investment on the part of the Town’s regional providers, and the need to expand the capacity of the Doe Branch wastewater treatment plant to support growth on the west side has resulted in the need for a FY 2025 rate adjustment. In addition, multi-year projections from the Town’s regional providers and planned future debt issuance make it increasingly likely the Town will need to raise rates again in the near future. The proposed rate adjustments in the attached ordinance represent a 6.35% increase in water rates and a 16% rate increase for wastewater rates or a blended rate increase of 8.77% based on Wastewater revenues representing a much smaller portion of total revenues. While these proposed rates are significant, they are the first in six years and still result in average bills that compare well with surrounding cities and are below both the mean and median fees of our comparison cities at various consumption levels. Budget Impact: The additional revenue generated from the fee increases will be effective as of October 15, 2024 and have been incorporated into the FY 2025 Preliminary Budgeted Water and Wastewater FINANCE Page 150 Item 15. Page 2 of 2 revenue of $39.1 million. These rate adjustments will ensure continued compliance with all financial policies and debt covenants and to ensure adequate operating cash flows. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance Water and Wastewater Fee Amendments Town Staff Recommendation: Town Staff recommends approval of the attached Fee Amendment Ordinance adjusting Water and Wastewater fees effective October 15, 2024. Proposed Motion: I move to approve adoption of the attached Water and Wastewater fee amendments effective October 15, 2024. Page 151 Item 15. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-XX 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 REPEALING EXISTING SECTION IX, "WATER AND SEWER RATES," AND REPLACING IT WITH A NEW SECTION IX, "WATER AND SEWER RATES"; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined that the various fees imposed by the Town should be revised; and WHEREAS, the Town Council has reviewed the current and proposed fees and recommends the adoption of revised fees in the Code of Ordinances as well as in Appendix A to the Code of Ordinances; and WHEREAS, the Town Council hereby finds and determines that it will be advantageous, beneficial and in the best interests of the citizens of the Town to revise certain existing fees imposed by the Town and replace them with fees that reflect actual and reasonable costs, as hereinafter referenced. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Section IX, "Water and Sewer Rates," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is hereby repealed in its entirety and replaced with a new Section IX, "Water and Sewer Rates," to read as follows: "Sec. IX Water and Sewer Rates Please refer to chapter 13 utilities, article 13.07 utility bills, for additional information on the town's utility billing policies. (1) Late fees. (A) All utility bill payments are due by the 10th day from the date of the bill except when the tenth day falls on Saturday, Sunday or legal holiday under which condition they are due by 5:00 p.m. central time on the next working day. Page 152 Item 15. Ordinance No. 2024-XX, Page 2 (B) All payments made after the tenth (10th) day will bear a late fee, as set forth as follows, of the unpaid balance of the billed amount. (2) Water and/or sewer connections. The town may extend water and sanitary sewer mains in the streets, alleys and utility easements in the town in order to permit connections for those persons desiring water and sewer service. The individual, corporation or partnership requesting the service shall pay the town an amount equal to the cost of all materials, labor, equipment and other costs to provide the requested extension. At any time additional connections are made to the water and/or sewer mains, the town may collect from the individual connecting to the main(s) an amount equal to the proportional amount of footage of the connector's land abutting the sewer and/or water and repay the same to the original requestor(s) of service or designated recipients. (3) Residential service rates. (A) Residential water service rates: Meter Size Minimum Service Charge (Effective October 15, 2024) 3/4" or smaller $13.56 1" $22.60 1-1/2" $45.20 2" $72.27 3" $135.44 4" $225.73 6" $451.31 Volumetric Charge Rate per 1,000 Gallons (Effective October 15, 2024) 0-10,000 gallons $4.55 10,001-40,000 gallons $6.81 Page 153 Item 15. Ordinance No. 2024-XX, Page 3 (B) Residential wastewater service rates: (i) All residential accounts, effective October 15, 2024, minimum service charge: $32.94. (ii) Volumetric charge: effective October 15, 2024, $5.68 per 1,000 gallons. (iii) Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February. (C) Additional residential service charges: (i) Service initiation: $65.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: $10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Multifamily dwellings, townhomes and other multitenant accounts served by one master meter will be billed a minimum water charge per unit equal to the 3/4" residential base rate and the minimum service charge for wastewater. The residential volumetric charges will apply as normally scheduled on all master meter consumption for both water and wastewater services, except that winter averaging will not be applied to multifamily dwellings served by one master meter. (E) Out-of-town water service rates: 40,001-80,000 gallons $10.23 80,001+ gallons $15.34 Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $19.13 Page 154 Item 15. Ordinance No. 2024-XX, Page 4 (F) Out-of-town residential wastewater service rates: (i) All residential accounts, effective October 1, 2020, minimum service charge: $42.60. (ii) Volumetric charge: effective October 1, 2020, $7.35 per 1,000 gallons. (iii) Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February. (G) Senior citizen water credit and storm drainage credit: Refer to chapter 13 utilities, section 13.07.008, senior affordability discount and penalty exemption. (4) Commercial and temporary hydrant meter service rates. (A) Commercial water service rates. 1" $31.88 1-1/2" $63.75 2" $101.93 3" $191.03 4" $318.38 6" $636.53 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 2020) 0-10,000 gallons $6.42 10,001-40,000 gallons $9.62 40,001-80,000 gallons $14.45 80,001+ gallons $21.66 Page 155 Item 15. Ordinance No. 2024-XX, Page 5 Meter Size Minimum Service Charge (Effective October 15, 2024) ¾" or smaller $13.56 1" $22.60 1-1/2" $45.20 2" $72.27 3" $135.44 4" $225.73 6" $451.31 Volumetric Charge Rate per 1,000 Gallons (Effective October 15, 2024) 0-10,000 gallons $4.90 10,001-40,000 gallons $6.13 40,001-80,000 gallons $7.65 80,001+ $9.57 (B) Commercial wastewater service rates: (i) All commercial accounts: effective October 15, 2024, minimum service $37.82. (ii) Volumetric charge: effective October 15, 2024, $6.87 per 1,000 gallons. (C) Additional commercial service charges: (i) Service initiation: $75.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. Page 156 Item 15. Ordinance No. 2024-XX, Page 6 (iv) Late fees: $10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Out-of-town commercial water service rates: Meter Size Minimum Service Charge (Effective October 1, 2020) ¾" or smaller $19.13 1" $31.88 1-1/2" $63.75 2" $101.93 3" $191.03 4" $318.38 6" $636.55 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 2020) 0-10,000 gallons $6.92 10,001-40,000 gallons $8.66 40,001-80,000 gallons $10.80 80,001+ $13.52 (E) Out-of-town commercial wastewater service rates: (i) All commercial accounts: effective October 1, 2020, minimum service $48.90. Page 157 Item 15. Ordinance No. 2024-XX, Page 7 (ii} Volumetric charge: effective October 1, 2020, $8.88 per 1,000 gallons. (5) Irrigation service rates. (A) Irrigation water service rates: Meter Size Minimum Service Charge (Effective October 15, 2024) 3/4" or smaller $5.00 1" $8.24 1-1/2" $16.44 2" $26.22 3" $49.15 4" $81.86 6" $163.72 Volumetric Charge Rate per 1,000 Gallons (Effective October 15, 2024) 0-10,000 gallons $6.87 10,001-40,000 gallons $7.89 40,001-80,000 gallons $9.07 80,001+ $10.43 (B} Irrigation wastewater service rates: Irrigation accounts are not billed for wastewater services. Irrigation accounts are strictly for meters and water service dedicated solely to furnish water service to lawn sprinkler or irrigation systems, and do not directly receive wastewater services. Page 158 Item 15. Ordinance No. 2024-XX, Page 8 (C) Additional irrigation service charges: (i) Service initiation: $75.00 commercial/$65.00 residential. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: 10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Out-of-town irrigation water service rates: Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $7.05 1" $11.63 1-1/2" $23.18 2" $36.98 3" $69.30 4" $115.43 6" $230.85 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 2020) 0-10,000 gallons $9.69 10,001-40,000 gallons $11.13 Page 159 Item 15. Ordinance No. 2024-XX, Page 9 40,001-80,000 gallons $12.80 80,001+ $14.72 (6) Wastewater Inflow Prevention Plan and Enforcement Fees (A) Administrative Fees. (1) Non-plugged wastewater lines and manholes under construction receiving inflow: First offense Second offense Third offense and subsequent $ 500 per connection per day $ 750 per connection per day $1,000 per connection per day (2) Wastewater services plumbing open: First offense Second offense Third offense and subsequent (3) Wastewater services open/broken: First offense Second offense and subsequent $ 250 per connection per day $ 400 per connection per day $ 500 per connection per day $ 100 per connection per day $ 200 per connection per day (8) Offenses will be reset January of even numbered years. (C) Contesting Violations. A customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Infrastructure Services within fifteen (15) business days after the date on the Notice. The decision by the Executive Director of Development and Infrastructure Services is final and binding. (D) Unpaid assessed administrative fees related to violations of wastewater under the Town Plan shall incur late payment penalties and may result in termination of work." Page 160 Item 15. Ordinance No. 2024-XX, Page 10 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 become effective on October 15, 2024, and be in full force from and after its passage and publication, as provided by the Revised Civil Statues 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 ___ DAY OF __________, 2024. APPROVED: ATTEST: __________________________ David F. Bristol, Mayor ______________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ______________________________ Terrence S. Welch, Town Attorney Page 161 Item 15. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2024-XX 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 REPEALING EXISTING SECTION IX, "WATER AND SEWER RATES," AND REPLACING IT WITH A NEW SECTION IX, "WATER AND SEWER RATES"; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has investigated and determined that the various fees imposed by the Town should be revised; and WHEREAS, the Town Council has reviewed the current and proposed fees and recommends the adoption of revised fees in the Code of Ordinances as well as in Appendix A to the Code of Ordinances; and WHEREAS, the Town Council hereby finds and determines that it will be advantageous, beneficial and in the best interests of the citizens of the Town to revise certain existing fees imposed by the Town and replace them with fees that reflect actual and reasonable costs, as hereinafter referenced. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 From and after the effective date of this Ordinance, existing Section IX, "Water and Sewer Rates," of Appendix A, "Fee Schedule," to the Town's Code of Ordinances is hereby repealed in its entirety and replaced with a new Section IX, "Water and Sewer Rates," to read as follows: "Sec. IX Water and Sewer Rates Please refer to chapter 13 utilities, article 13.07 utility bills, for additional information on the town's utility billing policies. (1) Late fees. (A) All utility bill payments are due by the 10th day from the date of the bill except when the tenth day falls on Saturday, Sunday or legal holiday under which condition they are due by 5:00 p.m. central time on the next working day. Page 162 Item 15. Ordinance No. 2024-XX, Page 2 (B) All payments made after the tenth (10th) day will bear a late fee, as set forth as follows, of the unpaid balance of the billed amount. (2) Water and/or sewer connections. The town may extend water and sanitary sewer mains in the streets, alleys and utility easements in the town in order to permit connections for those persons desiring water and sewer service. The individual, corporation or partnership requesting the service shall pay the town an amount equal to the cost of all materials, labor, equipment and other costs to provide the requested extension. At any time additional connections are made to the water and/or sewer mains, the town may collect from the individual connecting to the main(s) an amount equal to the proportional amount of footage of the connector's land abutting the sewer and/or water and repay the same to the original requestor(s) of service or designated recipients. (3) Residential service rates. (A) Residential water service rates: Meter Size Minimum Service Charge (Effective October 1, 202015, 2024) 3/4" or smaller $12.7513.56 1" $21.2522.60 1-1/2" $42.5045.20 2" $67.9572.27 3" $127.35135.44 4" $212.25225.73 6" $424.35451.31 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 202015, 2024) 0-10,000 gallons $4.284.55 10,001-40,000 gallons $6.416.81 Page 163 Item 15. Ordinance No. 2024-XX, Page 3 (B) Residential wastewater service rates: (i) All residential accounts, effective October 115, 20202024, minimum service charge: $28.4032.94. (ii) Volumetric charge: effective October 115, 20202024, $4.905.68 per 1,000 gallons. (iii) Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February. (C) Additional residential service charges: (i) Service initiation: $65.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: $10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Multifamily dwellings, townhomes and other multitenant accounts served by one master meter will be billed a minimum water charge per unit equal to the 3/4" residential base rate and the minimum service charge for wastewater. The residential volumetric charges will apply as normally scheduled on all master meter consumption for both water and wastewater services, except that winter averaging will not be applied to multifamily dwellings served by one master meter. (E) Out-of-town water service rates: 40,001-80,000 gallons $9.6310.23 80,001+ gallons $14.4415.34 Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $19.13 Page 164 Item 15. Ordinance No. 2024-XX, Page 4 (F) Out-of-town residential wastewater service rates: (i) All residential accounts, effective October 1, 2020, minimum service charge: $42.60. (ii) Volumetric charge: effective October 1, 2020, $7.35 per 1,000 gallons. (iii) Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February. (G) Senior citizen water credit and storm drainage credit: Refer to chapter 13 utilities, section 13.07.008, senior affordability discount and penalty exemption. (4) Commercial and temporary hydrant meter service rates. (A) Commercial water service rates. 1" $31.88 1-1/2" $63.75 2" $101.93 3" $191.03 4" $318.38 6" $636.53 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 2020) 0-10,000 gallons $6.42 10,001-40,000 gallons $9.62 40,001-80,000 gallons $14.45 80,001+ gallons $21.66 Page 165 Item 15. Ordinance No. 2024-XX, Page 5 Meter Size Minimum Service Charge (Effective October 1, 202015, 2024) ¾" or smaller $12.7513.56 1" $21.2522.60 1-1/2" $42.5045.20 2" $67.9572.27 3" $127.35135.44 4" $212.25225.73 6" $424.35451.31 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 202015, 2024) 0-10,000 gallons $4.614.90 10,001-40,000 gallons $5.776.13 40,001-80,000 gallons $7.207.65 80,001+ $9.019.57 (B) Commercial wastewater service rates: (i) All commercial accounts: effective October 1, 202015, 2024, minimum service $32.6037.82. (ii) Volumetric charge: effective October 1, 202015, 2024, $5.926.87 per 1,000 gallons. (C) Additional commercial service charges: (i) Service initiation: $75.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. Page 166 Item 15. Ordinance No. 2024-XX, Page 6 (iv) Late fees: $10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Out-of-town commercial water service rates: Meter Size Minimum Service Charge (Effective October 1, 2020) ¾" or smaller $19.13 1" $31.88 1-1/2" $63.75 2" $101.93 3" $191.03 4" $318.38 6" $636.55 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 2020) 0-10,000 gallons $6.92 10,001-40,000 gallons $8.66 40,001-80,000 gallons $10.80 80,001+ $13.52 (E) Out-of-town commercial wastewater service rates: (i) All commercial accounts: effective October 1, 2020, minimum service $48.90. Page 167 Item 15. Ordinance No. 2024-XX, Page 7 (ii} Volumetric charge: effective October 1, 2020, $8.88 per 1,000 gallons. (5) Irrigation service rates. (A) Irrigation water service rates: Meter Size Minimum Service Charge (Effective October 1, 202015, 2024) 3/4" or smaller $4.705.00 1" $7.758.24 1-1/2" $15.4516.44 2" $24.6526.22 3" $46.2049.15 4" $76.9581.86 6" $153.90163.72 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 202015, 2024) 0-10,000 gallons $6.466.87 10,001-40,000 gallons $7.427.89 40,001-80,000 gallons $8.539.07 80,001+ $9.8110.43 (B} Irrigation wastewater service rates: Irrigation accounts are not billed for wastewater services. Irrigation accounts are strictly for meters and water service dedicated solely to furnish water service to lawn sprinkler or irrigation systems, and do not directly receive wastewater services. Page 168 Item 15. Ordinance No. 2024-XX, Page 8 (C) Additional irrigation service charges: (i) Service initiation: $75.00 commercial/$65.00 residential. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: 10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Out-of-town irrigation water service rates: Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $7.05 1" $11.63 1-1/2" $23.18 2" $36.98 3" $69.30 4" $115.43 6" $230.85 Volumetric Charge Rate per 1,000 Gallons (Effective October 1, 2020) 0-10,000 gallons $9.69 10,001-40,000 gallons $11.13 Page 169 Item 15. Ordinance No. 2024-XX, Page 9 40,001-80,000 gallons $12.80 80,001+ $14.72 (6) Wastewater Inflow Prevention Plan and Enforcement Fees (A) Administrative Fees. (1) Non-plugged wastewater lines and manholes under construction receiving inflow: First offense Second offense Third offense and subsequent $ 500 per connection per day $ 750 per connection per day $1,000 per connection per day (2) Wastewater services plumbing open: First offense Second offense Third offense and subsequent (3) Wastewater services open/broken: First offense Second offense and subsequent $ 250 per connection per day $ 400 per connection per day $ 500 per connection per day $ 100 per connection per day $ 200 per connection per day (8) Offenses will be reset January of even numbered years. (C) Contesting Violations. A customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Infrastructure Services within fifteen (15) business days after the date on the Notice. The decision by the Executive Director of Development and Infrastructure Services is final and binding. (D) Unpaid assessed administrative fees related to violations of wastewater under the Town Plan shall incur late payment penalties and may result in termination of work." Page 170 Item 15. Ordinance No. 2024-XX, Page 10 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 become effective on October 15, 2024, and be in full force from and after its passage and publication, as provided by the Revised Civil Statues 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 ___ DAY OF __________, 2024. APPROVED: ATTEST: __________________________ David F. Bristol, Mayor ______________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ______________________________ Terrence S. Welch, Town Attorney Page 171 Item 15. Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr., P.E., Director of Engineering Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Property Acquisition: Coleman Street (Gorgeous – Talon) Town Council Meeting – September 10, 2024 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon a resolution of the Town Council of the Town of Prosper, Texas, declaring the public necessity to acquire certain properties for right-of-way and easements for the construction of the Coleman Street (Gorgeous – Talon) project; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Coleman Street (Gorgeous – Talon) project. To facilitate the construction of the project, it is necessary for the Town to acquire right-of-way and easements. The seventeen (17) properties are identified in the attached resolution, and the location map included with this agenda item depicts the properties affected. As with other similar road construction projects, it is not anticipated that all parcels will require the use of eminent domain to complete the acquisition process, however, staff is requesting advance authorization to pursue acquisition by eminent domain if standard negotiations are unsuccessful. Budget Impact: N/A Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the resolution as to form and legality. ENGINEEERING SERVICES Page 172 Item 16. Page 2 of 2 Attached Documents: 1. Resolution 2. Location Map Town Staff Recommendation: Town Staff recommends that the Town Council of the Town of Prosper, Texas, approve the attached resolution declaring the public necessity to acquire certain properties for right-of-way and easements for the construction of the Coleman Street (Gorgeous – Talon) project with such properties being more particularly described in the attached Resolution; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Proposed Motion: I move to approve the attached resolution declaring the public necessity to acquire certain properties for right-of-way and easements for the construction of the Coleman Street (Gorgeous – Talon) project with such properties being more particularly described in the attached Resolution; determining the public use and necessity for such acquisition; authorizing the acquisition of property rights necessary for said Project; appointing an appraiser and negotiator as necessary; authorizing the Town Manager to establish just compensation for the property rights to be acquired; authorizing the Town Manager to take all steps necessary to acquire the needed property rights in compliance with all applicable laws and resolutions; and authorizing the Town Attorney to institute condemnation proceedings to acquire the property if purchase negotiations are not successful. Please note: Pursuant to Section 2206.053(c) of the Texas Government Code, if two (2) or more councilmembers object to adopting this single Resolution for all the properties referenced therein, a separate record vote must be taken for each unit of property. This item requires a roll call vote. Page 173 Item 16. Resolution No. 2024-____ , Page 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 2024-____ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE PUBLIC NECESSITY TO ACQUIRE CERTAIN REAL PROPERTIES FOR RIGHT-OF-WAY AND EASEMENTS FOR THE CONSTRUCTION OF THE COLEMAN STREET (GORGEOUS – TALON) PROJECT; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITIONS; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that there exists a public necessity to acquire certain property interests for the construction of the Coleman Street (Gorgeous – Talon) project, the location of which is generally set forth in the exhibits attached to this resolution; and WHEREAS, the Town Council desires to acquire the property interests (collectively referred to as the “Property”), as more particularly described in the exhibits attached to this Resolution, for this governmental and public use in conjunction with the Town of Prosper’s construction of the Coleman Street (Gorgeous – Talon) project (“Project”); and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire the Property. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the following Property for the Project, as more particularly described in the Exhibits referenced herein: Page 174 Item 16. Resolution No. 2024-____ , Page 2 EXHIBIT DESCRIPTION / INTEREST TO BE ACQUIRED 1 (Parcel 1-1 Right-of-Way), Being a 0.1385-acre, 6,032 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain tract of land described by Special Warranty Deed with Vendor’s Lien to Goodwill Industries of Northeast Texas, Inc., recorded in Instrument Number 20080102000008100, Official Public Records, Collin County, Texas (Parcel 1-2 Temporary Construction Easement), Being a 0.1222-acre, 5,321 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain tract of land described by Special Warranty Deed with Vendor’s Lien to Goodwill Industries of Northeast Texas, Inc., recorded in Instrument Number 20080102000008100, Official Public Records, Collin County, Texas 2 (Parcel 3-1 Right-of-Way), Being a 0.4485-acre, 19,538 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that called 9.2956-acre remainder tract of land described by Quitclaim Deed to James E. Rowland, recorded in Volume 3402, Page 451, Deed Records, Collin County, Texas (Parcel 3-2 Drainage Easement), Being a 0.0693-acre, 3,018 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that called 9.2956-acre remainder tract of land described by Quitclaim Deed to James E. Rowland, recorded in Volume 3402, Page 451, Deed Records, Collin County, Texas (Parcel 3-3 Drainage Easement), Being a 0.0538-acre, 2,342 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that called 9.2956-acre remainder tract of land described by Quitclaim Deed to James E. Rowland, recorded in Volume 3402, Page 451, Deed Records, Collin County, Texas (Parcel 3-4 Temporary Construction Easement), Being a 0.2841-acre, 12,375 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that called 9.2956-acre remainder tract of land described by Quitclaim Deed to James E. Rowland, recorded in Volume 3402, Page 451, Deed Records, Collin County, Texas 3 (Parcel 4-1 Right-of-Way), Being a 0.0708-acre, 3,082 square foot tract of land situated in the John R. Tunney Survey, Abstract Number 916, Town of Prosper, Collin County, Texas, being part of that certain called 35.76-acre tract of land described by Warranty Deed with Vendor’s Lien to Prosper Independent School District, recorded in Instrument Number 97- 0013953, Deed Records, Collin County, Texas, and being part of Lot 1R, Block 1, of the Prosper High School and Middle School Addition, recorded in Instrument Number 20130722010002210, Official Public Records, Collin County, Texas (Parcel 4-2 Street Easement), Being a 0.0408-acre, 1,776 square foot tract of land situated in the John R. Tunney Survey, Abstract Number 916, Town of Prosper, Collin County, Texas, being part of that certain called 35.76-acre tract of land described by Warranty Page 175 Item 16. Resolution No. 2024-____ , Page 3 Deed with Vendor’s Lien to Prosper Independent School District, recorded in Instrument Number 97-0013953, Deed Records, Collin County, Texas, and being part of Lot 1R, Block 1, of the Prosper High School and Middle School Addition, recorded in Instrument Number 20130722010002210, Official Public Records, Collin County, Texas, also being a 21.50-foot width strip of land above the northwest corner as shown on said Prosper High School and Middle School Addition (Parcel 4-3 Drainage and Sidewalk Easement), Being a 0.0255-acre, 1,111 square foot tract of land situated in the John R. Tunney Survey, Abstract Number 916, Town of Prosper, Collin County, Texas, being part of that certain called 35.76-acre tract of land described by Warranty Deed with Vendor’s Lien to Prosper Independent School District, recorded in Instrument Number 97-0013953, Deed Records, Collin County, Texas, and being part of Lot 1R, Block 1, of the Prosper High School and Middle School Addition, recorded in Instrument Number 20130722010002210, Official Public Records, Collin County, Texas (Parcel 4-4 Drainage and Sidewalk Easement), Being a 0.0611-acre, 2,660 square foot tract of land situated in the John R. Tunney Survey, Abstract Number 916, Town of Prosper, Collin County, Texas, being part of that certain called 35.76-acre tract of land described by Warranty Deed with Vendor’s Lien to Prosper Independent School District, recorded in Instrument Number 97-0013953, Deed Records, Collin County, Texas, and being part of Lot 1R, Block 1, of the Prosper High School and Middle School Addition, recorded in Instrument Number 20130722010002210, Official Public Records, Collin County, Texas (Parcel 4-5 Temporary Construction Easement), Being a 0.1391-acre, 6,060 square foot tract of land situated in the John R. Tunney Survey, Abstract Number 916, Town of Prosper, Collin County, Texas, being part of that certain called 35.76-acre tract of land described by Warranty Deed with Vendor’s Lien to Prosper Independent School District, recorded in Instrument Number 97-0013953, Deed Records, Collin County, Texas, and being part of Lot 1R, Block 1, of the Prosper High School and Middle School Addition, recorded in Instrument Number 20130722010002210, Official Public Records, Collin County, Texas (Parcel 4-6 Temporary Construction Easement), Being a 0.0771-acre, 3,359 square foot tract of land situated in the John R. Tunney Survey, Abstract Number 916, Town of Prosper, Collin County, Texas, being part of that certain called 35.76-acre tract of land described by Warranty Deed with Vendor’s Lien to Prosper Independent School District, recorded in Instrument Number 97-0013953, Deed Records, Collin County, Texas, and being part of Lot 1R, Block 1, of the Prosper High School and Middle School Addition, recorded in Instrument Number 20130722010002210, Official Public Records, Collin County, Texas, also being a 21.50-foot width strip of land above the northwest corner as shown on said Prosper High School and Middle School Addition 4 (Parcel 5-1 Right-of-Way), Being a 0.5224-acre, 22,757 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that called 11.29-acre tract of land described by Special Warranty Deed to AMR Prosper Premium Storage, LLC, recorded in Instrument Number 20220331000523630, Official Public Records, Collin County, Texas (Parcel 5-2 Temporary Construction Easement), Being a 0.2390-acre, 10,411 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number Page 176 Item 16. Resolution No. 2024-____ , Page 4 147, Town of Prosper, Collin County, Texas, being part of that called 11.29-acre tract of land described by Special Warranty Deed to AMR Prosper Premium Storage, LLC, recorded in Instrument Number 20220331000523630, Official Public Records, Collin County, Texas 5 (Parcel 6-1 Temporary Construction Easement), 0.0357 acres or 1,555 square feet, as depicted in attached Exhibit 5 6 (Parcel 8-1 Temporary Construction Easement), 0.0516 acres or 2.247 square feet, as depicted in attached Exhibit 6 7 (Parcel 9-1 Right-of-Way), Being a 0.0340-acre, 1,481 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain remainder tract of land described by Special Warranty Deed to Rocky Manning and the Tina Peng Manning Revocable Trust, Dated August 23, 2007, Tract 1, recorded in Instrument Number 20110124000091060, Official Public Records, Collin County, Texas, and being part of Lot 3, Block A, of the United States Postal Service Addition, recorded in Instrument Number 20191209010005290, Official Public Records, Collin County, Texas (Parcel 9-2 Temporary Construction Easement), Being a 0.0811-acre, 3,532 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain remainder tract of land described by Special Warranty Deed to Rocky Manning and the Tina Peng Manning Revocable Trust, Dated August 23, 2007, Tract 1, recorded in Instrument Number 20110124000091060, Official Public Records, Collin County, Texas, and being part of Lot 3, Block A, of the United States Postal Service Addition, recorded in Instrument Number 20191209010005290, Official Public Records, Collin County, Texas 8 (Parcel 10-1 Street Easement), Being a 0.0733-acre, 3,193 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain tract of land described by General Warranty Deed to United States Postal Service, recorded in Instrument Number 20191231001668510, Official Public Records, Collin County, Texas, and being the same tract of land as Lot 2, Block A, of the United States Postal Service Addition, record ed in Instrument Number 20191209010005290, Official Public Records, Collin County, Texas (Parcel 10-2 Temporary Construction Easement), Being a 0.1246-acre, 5,428 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain tract of land described by General Warranty Deed to United States Postal Service, recorded in Instrument Number 20191231001668510, Official Public Records, Collin County, Texas, and being the same tract of land as Lot 2, Block A, of the United States Postal Service Addition, recorded in Instrument Number 20191209010005290, Official Public Records, Collin County, Texas 9 (Parcel 11-1 Street Easement), Being a 0.0342-acre, 1,491 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain remainder tract of land described by Special Warranty Deed to Rocky Manning and the Tina Peng Manning Revocable Trust, Dated August 23, 2007, Tract 1, recorded in Instrument Number 20110124000091060, Official Public Records, Collin County, Texas, and being part of Lot Page 177 Item 16. Resolution No. 2024-____ , Page 5 1, Block A, of the United States Postal Service Addition, recorded in Instrument Number 20191209010005290, Official Public Records, Collin County, Texas (Parcel 11-2 Temporary Construction Easement), Being a 0.0665-acre, 2,898 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain remainder tract of land described by Special Warranty Deed to Rocky Manning and the Tina Peng Manning Revocable Trust, Dated August 23, 2007, Tract 1, recorded in Instrument Number 20110124000091060, Official Public Records, Collin County, Texas, and being part of Lot 1, Block A, of the United States Postal Service Addition, recorded in Instrument Number 20191209010005290, Official Public Records, Collin County, Texas 10 (Parcel 12-1 Right-of-Way), Being a 0.0350-acre, 1,522 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of two tracts of land, the first described by Special Warranty Deed with Vendor’s Lien to Crossmac Investments, LLC, recorded in Instrument Number 20140116000047900, Official Public Records, Collin County, Texas, the second described by Special Warranty Deed to Crossmac Investments, LLC, recorded in Instrument Number 20141027001170340, Official Public Records, Collin County, Texas, also being part of Lot 4, Block A, of the Final Plat of Prosper Tuscan Square, recorded in Instrument Number 20160907010003600, Official Public Records, Collin County, Texas (Parcel 12-2 Temporary Construction Easement), Being a 0.0209-acre, 910 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of two tracts of land, the first described by Special Warranty Deed with Vendor’s Lien to Crossmac Investments, LLC, recorded in Instrument Number 20140116000047900, Official Public Records, Collin County, Texas, the second described by Special Warranty Deed to Crossmac Investments, LLC, recorded in Instrument Number 20141027001170340, Official Public Records, Collin County, Texas, also being part of Lot 4, Block A, of the Final Plat of Prosper Tuscan Square, recorded in Instrument Number 20160907010003600, Official Public Records, Collin County, Texas 11 (Parcel 13-1 Right-of-Way), Being a 0.0643-acre, 2,803 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain tract of land described by Special Warranty Deed with Vendor’s Lien to Crossmac Investments, LLC, recorded in Instrument Number 20140116000047900, Official Public Records, Collin County, Texas, also being part of Lot 1, Block A, of the Final Plat of Prosper Tuscan Square, recorded in Instrument Number 20160907010003600, Official Public Records, Collin County, Texas (Parcel 13-2 Temporary Construction Easement), Being a 0.0411-acre, 1,792 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain tract of land described by Special Warranty Deed with Vendor’s Lien to Crossmac Investments, LLC, recorded in Instrument Number 20140116000047900, Official Public Records, Collin County, Texas, also being part of Lot 1, Block A, of the Final Plat of Prosper Tuscan Square, recorded in Instrument Number 20160907010003600, Official Public Records, Collin County, Texas 12 (Parcel 15-1 Right-of-Way), Being a 0.6718-acre, 29,262 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Page 178 Item 16. Resolution No. 2024-____ , Page 6 Collin County, Texas, being part of multiple tracts of land described by two Special Warranty Deeds to Dosti Partners, LLC, a 2.65-acre tract recorded in Instrument Number 2022000154487, Official Public Records, Collin County, Texas, also being part of Tracts 1, 2, 3, 5, 6, and 7-Parcel 2, recorded in Instrument Number 2022000165761, Collin County, Texas (Parcel 15-2 Drainage Easement), Being a 0.0729-acre, 3,175 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that 2.65-acre tract of land described by Special Warranty Deed to Dosti Partners, LLC, recorded in Instrument Number 2022000154487, Official Public Records, Collin County, Texas (Parcel 15-3 Temporary Construction Easement), Being a 0.0846-acre, 3,684 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of tract of land described by Special Warranty Deed to Dosti Partners, LLC, Tract 1, recorded in Instrument Number 2022000165761, Official Public Records, Collin County, Texas (Parcel 15-4 Temporary Construction Easement), Being a 0.0153-acre, 665 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of two tracts of land described by Special Warranty Deed to Dosti Partners, LLC, one being Tract 6, recorded in Instrument Number 2022000165761, Official Public Records, Collin County, Texas, and the second being a 2.65-arce tract of land, recorded in Instrument Number 2022000154487, Official Public Records, Collin County, Texas (Parcel 15-5 Temporary Construction Easement), Being a 0.1258-acre, 5,480 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that 2.65-acre tract of land described by Special Warranty Deed to Dosti Partners, LLC, recorded in Instrument Number 2022000154487, Official Public Records, Collin County, Texas 13 (Parcel 20-1 Right-of-Way), Being a 0.0590-acre, 2,571 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain tract of land described by Special Warranty Deed with Vendor’s Lien to CrossMac Investments LLC, recorded in Instrument Number 2024000072627, Official Public Records, Collin County, Texas (Parcel 20-2 Drainage Easement), Being a 0.0180-acre, 783 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain tract of land described by Special Warranty Deed with Vendor’s Lien to CrossMac Investments LLC, recorded in Instrument Number 2024000072627, Official Public Records, Collin County, Texas (Parcel 20-3 Temporary Construction Easement), Being a 0.0778-acre, 3,387 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of tract of land described by Special Warranty Deed with Vendor’s Lien to CrossMac Investments LLC, recorded in Instrument Number 2024000072627, Official Public Records, Collin County, Texas 14 (Parcel 21-1 Right-of-Way), Being a 0.0133-acre, 580 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Page 179 Item 16. Resolution No. 2024-____ , Page 7 Collin County, Texas, being part of that certain tract of land described by Warranty Deed to Gary L. James, recorded in Volume 3252, Page 651, Deed Records, Collin County, Texas (Parcel 21-2 Temporary Construction Easement), Being a 0.0110-acre, 478 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that certain tract of land described by Warranty Deed to Gary L. James, recorded in Volume 3252, Page 651, Deed Records, Collin County, Texas 15 (Parcel 22-1 Right-of-Way), Being a 0.0391-acre, 1,702 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that called 0.89078-acre tract of land described by Warranty Deed to Gary L. James and Robert Murphy, recorded in Instrument Number 20120503000518410, Official Public Records, Collin County, Texas (Parcel 22-2 Temporary Construction Easement), Being a 0.0507-acre, 2,206 square foot tract of land situated in the Collin County School Land Survey No. 12, Abstract Number 147, Town of Prosper, Collin County, Texas, being part of that called 0.89078-acre tract of land described by Warranty Deed to Gary L. James and Robert Murphy, recorded in Instrument Number 20120503000518410, Official Public Records, Collin County, Texas 16 (Parcel 23-1 Temporary Construction Easement), 0.0215 acres or 935 square feet, as depicted in attached Exhibit 16 (Parcel 23-2 Temporary Construction Easement), 0.0110 acres or 480 square feet, as depicted in attached Exhibit 16 17 (Parcel 24-1 Temporary Construction Easement), 0.0399 acres or 1,739 square feet, as depicted in attached Exhibit 17 (Parcel 24-2 Temporary Construction Easement), 0.0258 acres or 1,125 square feet, as depicted in attached Exhibit 17 (Parcel 24-3 Temporary Construction Easement), 0.0402 acres or 1,750 square feet, as depicted in attached Exhibit 17 SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and Page 180 Item 16. Resolution No. 2024-____ , Page 8 directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 10TH DAY OF SEPTEMBER 2024. ___________________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 181 Item 16. Resolution No. 2024-____ , Page 9 EXHIBIT 1 – Parcel 1 (see next 7 pages) Page 182 Item 16. Page 183Item 16. Page 184Item 16. Page 185Item 16. Page 186Item 16. Page 187Item 16. Page 188Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 189 Item 16. Resolution No. 2024-____ , Page 17 EXHIBIT 2 – Parcel 3 (see next 16 pages) Page 190 Item 16. Page 191Item 16. Page 192Item 16. Page 193Item 16. Page 194Item 16. Page 195Item 16. Page 196Item 16. Page 197Item 16. Page 198Item 16. Page 199Item 16. Page 200Item 16. Page 201Item 16. Page 202Item 16. Page 203Item 16. Page 204Item 16. Page 205Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 206 Item 16. Resolution No. 2024-____ , Page 34 EXHIBIT 3 – Parcel 4 (see next 37 pages) Page 207 Item 16. Page 208Item 16. Page 209Item 16. Page 210Item 16. Page 211Item 16. Page 212Item 16. Page 213Item 16. Page 214Item 16. Page 215Item 16. Page 216Item 16. Page 217Item 16. Page 218Item 16. Page 219Item 16. Page 220Item 16. Page 221Item 16. Page 222Item 16. Page 223Item 16. Page 224Item 16. Page 225Item 16. Page 226Item 16. Page 227Item 16. Page 228Item 16. Page 229Item 16. Page 230Item 16. Page 231Item 16. Page 232Item 16. Page 233Item 16. Page 234Item 16. Page 235Item 16. Page 236Item 16. Page 237Item 16. Page 238Item 16. Page 239Item 16. Page 240Item 16. Page 241Item 16. Page 242Item 16. Page 243Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 244 Item 16. Resolution No. 2024-____ , Page 72 EXHIBIT 4 – Parcel 5 (see next 7 pages) Page 245 Item 16. Page 246Item 16. Page 247Item 16. Page 248Item 16. Page 249Item 16. Page 250Item 16. Page 251Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 252 Item 16. Resolution No. 2024-____ , Page 80 EXHIBIT 5 – Parcel 6 (see next 2 pages) Page 253 Item 16. Page 254Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 255 Item 16. Resolution No. 2024-____ , Page 83 EXHIBIT 6 – Parcel 8 (see next 2 pages) Page 256 Item 16. Page 257Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 258 Item 16. Resolution No. 2024-____ , Page 86 EXHIBIT 7 – Parcel 9 (see next 6 pages) Page 259 Item 16. Page 260Item 16. Page 261Item 16. Page 262Item 16. Page 263Item 16. Page 264Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 265 Item 16. Resolution No. 2024-____ , Page 93 EXHIBIT 8 – Parcel 10 (see next 6 pages) Page 266 Item 16. Page 267Item 16. Page 268Item 16. Page 269Item 16. Page 270Item 16. Page 271Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 272 Item 16. Resolution No. 2024-____ , Page 100 EXHIBIT 9 – Parcel 11 (see next 6 pages) Page 273 Item 16. Page 274Item 16. Page 275Item 16. Page 276Item 16. Page 277Item 16. Page 278Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 279 Item 16. Resolution No. 2024-____ , Page 107 EXHIBIT 10 – Parcel 12 (see next 11 pages) Page 280 Item 16. Page 281Item 16. Page 282Item 16. Page 283Item 16. Page 284Item 16. Page 285Item 16. Page 286Item 16. Page 287Item 16. Page 288Item 16. Page 289Item 16. Page 290Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 291 Item 16. Resolution No. 2024-____ , Page 119 EXHIBIT 11 – Parcel 13 (see next 11 pages) Page 292 Item 16. Page 293Item 16. Page 294Item 16. Page 295Item 16. Page 296Item 16. Page 297Item 16. Page 298Item 16. Page 299Item 16. Page 300Item 16. Page 301Item 16. Page 302Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 303 Item 16. Resolution No. 2024-____ , Page 131 EXHIBIT 12 – Parcel 15 (see next 24 pages) Page 304 Item 16. Page 305Item 16. Page 306Item 16. Page 307Item 16. Page 308Item 16. Page 309Item 16. Page 310Item 16. Page 311Item 16. Page 312Item 16. Page 313Item 16. Page 314Item 16. Page 315Item 16. Page 316Item 16. Page 317Item 16. Page 318Item 16. Page 319Item 16. Page 320Item 16. Page 321Item 16. Page 322Item 16. Page 323Item 16. Page 324Item 16. Page 325Item 16. Page 326Item 16. Page 327Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 328 Item 16. Resolution No. 2024-____ , Page 156 EXHIBIT 13 – Parcel 20 (see next 9 pages) Page 329 Item 16. Page 330Item 16. Page 331Item 16. Page 332Item 16. Page 333Item 16. Page 334Item 16. Page 335Item 16. Page 336Item 16. Page 337Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 338 Item 16. Resolution No. 2024-____ , Page 166 EXHIBIT 14 – Parcel 21 (see next 6 pages) Page 339 Item 16. Page 340Item 16. Page 341Item 16. Page 342Item 16. Page 343Item 16. Page 344Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 345 Item 16. Resolution No. 2024-____ , Page 173 EXHIBIT 15 – Parcel 22 (see next 7 pages) Page 346 Item 16. Page 347Item 16. Page 348Item 16. Page 349Item 16. Page 350Item 16. Page 351Item 16. Page 352Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 353 Item 16. Resolution No. 2024-____ , Page 181 EXHIBIT 16 – Parcel 23 (see next 2 pages) Page 354 Item 16. Page 355Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 356 Item 16. Resolution No. 2024-____ , Page 184 EXHIBIT 17 – Parcel 24 (see next 3 pages) Page 357 Item 16. Page 358Item 16. Page 359Item 16. TOWN OF PROSPER PARCEL COLEMAN STREET SHEET X OF X Page 360 Item 16. Coleman Street Right-of-way and Easement Acquisition Overall Location Map Prosper Trail St. Mark Lane Gorgeous Road #1 PARCEL No. # OWNER ROW (acres) Easements (acres) TCE (acres) 1 Goodwill Industries of Northeast Texas, Inc. 0.1385 0.1222 3 James E. Rowland 0.4485 0.1231 0.2841 4 Prosper Independent School District 0.0708 0.1274 0.2162 5 AMR Prosper Premium Storage, LLC 0.5224 0.2390 6 Crossmac Investments, LLC 0.0357 8 Crossmar Texas Investments 2, LLC 0.0516 9 Rocking Manning and the Tina Peng Man- ning Revocable Trust 0.0340 0.0811 10 United States Postal Service 0.0733 0.1246 11 Rocking Manning and the Tina Peng Man- ning Revocable Trust 0.0342 0.0665 #3 #4 #5 #6 #8 #9 #10 #11 #12 #13 #15 #20 #21 #22 #23 #24 Coleman Street PARCEL No. # OWNER ROW (acres) Easements (acres) TCE (acres) 12 Crossmac Investments, LLC 0.0350 0.0209 13 Crossmac Investments, LLC 0.0643 0.0411 15 Dosti Partners, LLC 0.6718 0.0729 0.2257 20 Crossmac Investments, LLC 0.0590 0.0180 0.0778 21 Gary L. James 0.0133 0.0110 22 Gary L. James and Robert Murphy 0.0391 0.0507 23 Shelbo Developmental, LLC 0.0325 24 Tanner’s Mill Phase 1C 0.1059 Page 361 Item 16.