02.11.25 Town Council Regular Meeting PacketPage 1 of 4
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Welcome to the Prosper Town Council Meeting.
Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings
Addressing the Town Council:
Those wishing to address the Town Council must complete the Public Comment Request Form
located on the Town's website or in the Council Chambers.
If you are attending in person, please submit this form to the Town Secretary or the person
recording the minutes for the Board/Commission prior to the meeting. When called upon, please
come to the podium, and state your name and address for the record.
If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the
day of the meeting in order for your comments to be read into the record. The Town assumes no
responsibility for technical issues beyond our control.
In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not
deliberate or vote on any matter that does not appear on the agenda. The
Council/Board/Commission, however, may provide statements of fact regarding the topic, request
the topic be included as part of a future meeting, and/or refer the topic to Town staff for further
assistance.
Citizens and other visitors attending Town Council meetings shall observe the same rules of
propriety, decorum, and good conduct applicable to members of the Town Council. Any person
making personal, impertinent, profane or slanderous remarks or who becomes boisterous while
addressing the Town Council or while attending the meeting shall be removed from the room, if so
directed by the Mayor or presiding officer, and the person shall be barred from further audience
before the Town Council during that session. Disruption of a public meeting could constitute a
violation of Section 42.05 of the Texas Penal Code.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Presentation from the Salvation Army of North Texas regarding the 2024 Mayor's Red
Kettle Challenge. (MLS)
2. Presentation of a Proclamation declaring February 16-22, 2025, as Engineers Week.
(MLS)
3. Presentation of a Proclamation declaring March 2025 as Theatre in our Schools Month.
(MLS)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, February 11, 2025
6:15 PM
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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.
4. Consider and act upon the minutes from the January 28, 2025, Town Council Regular
meeting. (MLS)
5. Consider and act upon an ordinance ordering a General Election to be held on May 3,
2025, for the purpose of electing a Mayor, Councilmember Place 1, and Councilmember
Place 4; designating the location of polling places; ordering notices of election to be given
as prescribed by law and authorizing the Town Manager to execute contracts with Collin
County and Denton County Election Departments for joint election services. (MLS)
6. Receive the 2024 Annual Racial Profiling Report for the Prosper Police Department as
required by state law. (DK)
7. Consider and act upon a resolution authorizing the Town Manager and/or his/her
designee to apply for the State of Texas Homeland Security Program - LETPA Projects
(SHSP-L), Federal Fiscal Year 2025. (DK)
8. Consider and act upon authorizing the Town Manager to approve the purchase of meter
transmission units (MTUs), data collector units (DCUs), and related meter parts for use
with water meters from Aclara Technologies, LLC, in the amount of $175,000. (CJ)
9. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between Kimley-Horn and Associates, Inc., and the
Town of Prosper, Texas, related to the design of the Prosper Trail (Legacy – DNT) – 2
WB Lanes project for $981,000. (PA)
10. Consider and act upon a proposal from WOPAC Construction for a concrete hike and
bike trail in Pecan Grove Park for $162,488. (DB)
11. Consider and act upon an ordinance to rezone 0.6± acre from Downtown Office (DTO)
to Planned Development-131 (PD-131) on Bryant’s First Addition, Block 15, Lot 1R,
located on the northeast corner of Coleman Street and First Street. (ZONE-24-0026) (DH)
CITIZEN COMMENTS
The public is invited to address the Council on any topic. However, the Council is unable to discuss
or take action on any topic not listed on this agenda. Please complete a “Public Comment Request
Form” and present it to the Town Secretary prior to the meeting. Please limit your comments to three
minutes. If multiple individuals wish to speak on a topic, they may yield their three minutes to one
individual appointed to speak on their behalf. All individuals yielding their time must be present at
the meeting, and the appointed individual will be limited to a total of 15 minutes.
REGULAR AGENDA:
Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the
Council for items listed as public hearings will be recognized when the public hearing is opened. [If
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. Receive an update regarding the Fire Department's 48/96 Scheduling. (SB)
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13. Discuss and consider Town Council Subcommittee reports. (DFB)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto.
Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of
real property for municipal purposes and all matters incident and related thereto.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Section 551.074 - To discuss and consider personnel matters, including the annual
evaluation of the Town Manager, Town Attorney, and the Municipal Judge, and all
matters incident and related thereto.
Section 551.071 - To consult with the Town Attorney regarding legal issues associated
with Planned Development District regulations, pursuant to Division 24 of Article 2 of the
Town's Zoning Ordinance, and all matters incident and related thereto.
Section 551.071 - To consult with the Town Attorney regarding legal issues associated
with amortization agreements, and all matters incident and related thereto.
Section 551.071 - To consult with the Town Attorney regarding legal issues associated
with code enforcement activities and substandard structures, law enforcement activities,
and all matters incident and related thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, February 7, 2025, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
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NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -1073
at least 48 hours prior to the meeting time.
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Call to Order/ Roll Call.
The meeting was called to order at 6:17 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
Robyn Battle, Executive Director
Mary Ann Moon, EDC Executive Director
David Hoover, Development Services Director
Suzanne Porter, Planning Manager
Skyler Sparks, Help Desk Technician I
Dan Baker, Parks & Recreation Director
Kurt Beilharz, Assistant Parks & Recreation Director
Trevor Helton, Recreation Manager
Hulon Webb, Engineering Director
Pete Anaya, Assistant Engineering Director, Capital Projects
Gary Landeck, Library Director
Chris Landrum, Finance Director
Carrie Jones, Public Works Director
Todd Rice, Communications Director
Doug Kowalski, Police Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Brad Wilkerson 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 on Saturday, February 22 from 9 to 11 a.m. for the Prosper Fishing Derby at the Frontier
Park Pond. This favorite annual event brings families together by the pond as young anglers
compete for the Most Fish Caught prizes. Judges will be on hand to track catches, and winners
are recognized for children ages 14 and under. The Derby is free, and no registration is required.
For more information, visit propsertx.gov/specialevents.
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, January 28, 2025
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Item 4.
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Registration is now open for spring camps and classes, which the Parks and Recreation
Department offers from March through May. Explore all the offerings at prospertx.gov/programs.
Deputy Mayor Pro-Tem Bartley introduced Trisha Panicker, a PISD student in the Career Study
program learning about local government.
Mayor Bristol acknowledged Michelle Bishop, District Director for Congressman Self’s Office who
was in attendance.
CONSENT AGENDA:
Items placed on the Consent Agenda are considered routine in nature and non-controversial. The
Consent Agenda can be acted upon in one motion. Items may be removed from the Consent
Agenda by the request of Council Members or staff.
1. Consider and act upon the minutes from the January 14, 2025, Town Council
Work Session meeting. (MLS)
2. Consider and act upon the minutes from the January 14, 2025, Town Council
Regular meeting. (MLS)
3. Consider and act upon the minutes from the January 16, 2025, Town Council and
EDC Joint Work Session meeting. (MLS)
4. Consider and act upon approval of a Professional Services Agreement with Can
Do Racquet Sports for recreation program instructor services. (TH)
5. Consider and act upon approving a Professional Services Agreement between
Kimley Horn and the Town of Prosper, Texas, for design services and preparation
of a Master Plan for the Doe Branch Community Park property (Project
#PK202513) for an amount not to exceed $134,600; and authorizing the Town
Manager to execute documents for the same. (DB)
6. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Kleinfelder, Inc., and the Town of Prosper, Texas,
related to professional construction materials testing and observation services
for the Upper Doe Branch Wastewater Line project for $113,115. (PA)
7. Consider and act upon authorizing the Town Manager to execute a Construction
Agreement awarding CSP No. 2025-04-B to Quality Excavation, LLC, related to
the Wilson Creek Wastewater Line project, for $263,134 and authorize $10,000 for
construction phase contingencies. The total purchase order amount is $273,134.
(PA)
8. Consider and act upon approving the purchase of one (1) 2025 Ford Interceptor
for $49,508 from Silsbee Ford utilizing TIPS Contract 240901 and six (6) 2025
Chevrolet Tahoe’s from Reliable Chevrolet for $302,358 utilizing the Sheriff’s
Association of Texas Contract. (DK)
9. Consider and act upon Ordinance 2025-02 repealing Section 12.08.006 of Chapter
12 Article 12.08, "Truck Routes," of the Code of Ordinances regarding the
prohibition of commercial vehicles on certain streets and renumbering remaining
sections of Article 12.08. (TW)
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,
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Item 4.
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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)
Deputy Mayor Pro-Tem Bartley requested to pull item 10.
Mayor Pro-Tem Ray requested to pull item 6.
Councilmember Kern moved to approve consent agenda items 1 through 5 and 7
through 9. Councilmember Hodges seconded the motion. Motion carried unanimously.
Regarding item 6, Mayor Pro-Tem Ray asked for clarification on how the number of
trips was calculated and if the Town has control over the number of trips taken. Mr.
Anaya replied the Town will work with the project superintendent and the cost listed is
an estimate with a not-to-exceed total number of trips to be taken.
Mayor Pro-Tem made a motion to approve consent agenda item 6. Councilmember
Reeves seconded the motion. Motion carried unanimously.
Regarding item 10, Deputy Mayor Pro-Tem Bartley listed numerous concerns regarding
the Site Plan including the number of total acres, landscaping requirements, drive-
through stacking and queueing lanes, location of trash receptacle enclosure, depth of
parking spaces, open space requirements, and retail versus residential requirements
being applied equally.
Deputy Mayor Pro-Tem Bartley made a motion to appeal the decision of the Planning
and Zoning Commission regarding DEVAPP-24-0083, the Preliminary Site Plan for
Prosper Legacy Blocks D-F, to the Development Services Department for the reasons
discussed by the Town Council, and as referenced in Section 1.5(C)(4) of Chapter 4 of
the Town’s Zoning Ordinance. Councilmember Kern seconded the motion. Motion
carried unanimously.
CITIZEN COMMENTS
Kent Elliot, 108 N. Parvin Street, requested the Town Council to consider naming the park on
Parvin and Broadway after Joe Templin due to all he has done for the Town.
Items for Individual Consideration:
11. Conduct a public hearing and consider and act upon a request for a Planned
Development for an existing Professional Office on Bryant’s First Addition, Block
15, Lot 1R, on 0.6± acre, to accommodate a right-of-way acquisition along First
Street, located on the northeast corner of Coleman Street and First Street. (ZONE-
24-0026) (DH)
Mr. Hoover introduced the item stating the purpose of the request is to create a Planned
Development for an existing professional office to accommodate the acquisition of right-
of-way along First Street. The Town is acquiring right-of-way along First Street that
would render the existing development nonconforming. The current zoning is Downtown
Office and the permitted uses within this Planned Development will be consistent with
Downtown Office. The Planning and Zoning Commission unanimously recommended
approval at their January 21 meeting with no responses received from the notices. Staff
is recommending approval.
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Item 4.
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The Town Council discussed the right-of-way acquisition and how that creates
nonconforming uses with the property.
Matt Moore, 301 S. Coleman, owner and applicant of the property stated that the
request is to adjust for the setbacks so that he can protect and build back what is there
today if anything should ever happen.
Mayor Bristol opened the public hearing.
Harper Buster, granddaughter of Mayor Bristol, spoke in favor of the item.
Mayor Bristol closed the public hearing.
Councilmember Kern made a motion to approve a request for a Planned Development
for an existing Professional Office on Bryant’s First Addition, Block 15, Lot 1R, on 0.6±
acre, to accommodate a right-of-way acquisition along First Street, located on the
northeast corner of Coleman Street and First Street. (ZONE-24-0026) Mayor Pro-Tem
Ray seconded the motion. Motion carried unanimously.
12. Presentation of the 2025 Parks and Recreation Open Space Master Plan. (DB)
Mr. Baker introduced the item with an overview of the Plan addressing the needs and
preferences of the community while incorporating industry standards in shaping the
future direction of the Town’s Park system, programs, and facilities. The Plan was
developed using a two-phased process. The Parks and Recreation Board unanimously
approved the Plan at their January 23 meeting. Staff is seeking feedback from the Town
Council before it is brought forward for consideration at a future meeting.
Phillip Neely, Dunaway and Associates, presented the plan outlining their analysis of
land and facility types, benchmarking, recreational programming, community input
received through focus groups and an online survey, priority rankings, and
recommendations.
The Town Council discussed the online survey and responses and the amount of
dedicated parkland space.
Kyle LaFerney with the Parks and Recreation Board commented on the funding
considerations and the levels of service they would like to see considered by the
Council. He noted their support of the Plan and having a guiding document to assist
them with recommendations.
The Town Council further discussed park amenities and strategies for adding to various
parks, considerations of a recreation center and partnerships with the private sector,
hike and bike trail connectivity, recreational programming, benchmarking, placing
signage and building awareness of all park locations.
11. Discuss and consider Town Council Subcommittee reports. (DFB).
Legislative Subcommittee: Mayor Bristol noted they met and continue to prepare for the
upcoming legislative session and noted dates of the Legislative Days being held in
April.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Councilmember Reeves requested staff to explore adding the Town’s park trail system to the
mobile app.
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Item 4.
Page 5 of 5
Mayor Bristol reminded staff of the updates requested by Councilmember Reeves regarding the
processes for the building of roads on the west side of town.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto.
Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of
real property for municipal purposes and all matters incident and related thereto.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Section 551.071 – To consult with the Town Attorney regarding legal issues associated
with Planned Development district regulations, pursuant to Division 24 of Article 2 of
the Town’s Zoning Ordinance, and all matters incident and related thereto.
Section 551.071 – To consult with the Town Attorney regarding legal issues associated
with amortization agreements, and all matters incident and related thereto.
Section 551.071 - To consult with the Town Attorney regarding legal issues associated
with code enforcement activities and substandard structures, law enforcement
activities, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 7:21 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 9:33 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 9:33 p.m.
These minutes were approved on the 11th day of February 2025.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 4.
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To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: Ordering May General Election
Town Council Meeting – February 11, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance ordering a General Election to be held on May 3, 2025, for
the purpose of electing a Mayor, Councilmember Place 1, and Councilmember Place 4;
designating the location of polling places; ordering notices of election to be given as prescribed
by law and authorizing the Town Manager to execute contracts with Collin County and Denton
County Election Departments for joint election services.
Description of Agenda Item:
In accordance with Texas Election Law, the Town Council is responsible for ordering the General
Election to be held on the Uniform Election Date in May for the purpose of electing the Mayor,
Councilmember Place 1, and Councilmember Place 4. The Town will jointly contract with Collin
County and Denton County to conduct the election. Both counties provide training and equipment
to the Town to help reduce the cost of holding an election. Election agreements from both counties
are provided in draft form until all dates and locations are confirmed by participating entities.
Budget Impact:
Cost estimates are based on participating local entities and the percentage of registered voters
within the Town of Prosper. These costs are subject to change until all entities are confirmed by
both counties. The cost for Collin County is currently estimated at approximately $16,075.00. The
cost for Denton County is currently estimated not to exceed $7,000.00. Election services are
funded through account 11011010-58700, Election Expenses.
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 English & Spanish
2. Collin County Draft Joint Election Contract
3. Denton County Draft Joint Election Contract
4. Election Calendar
TOWN SECRETARY
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Item 5.
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Town Staff Recommendation:
Town Staff recommends the Town Council approve an ordinance ordering a General Election to
be held on May 3, 2025, for the purpose of electing a Mayor, Councilmember Place 1, and
Councilmember Place 4; designating the location of polling places; ordering notices of election to
be given as prescribed by law and authorizing the Town Manager to execute contracts with Collin
County and Denton County Election Departments for joint election services.
Proposed Motion:
I move to approve an ordinance ordering a General Election to be held on May 3, 2025, for the
purpose of electing a Mayor, Councilmember Place 1, and Councilmember Place 4; designating
the location of polling places; ordering notices of election to be given as prescribed by law and
authorizing the Town Manager to execute contracts with Collin County and Denton County
Election Departments for joint election services.
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Item 5.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2025-XX
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, ORDERING A GENERAL ELECTION TO BE HELD ON MAY 3, 2025,
IN THE TOWN OF PROSPER FOR THE PURPOSE OF ELECTING A MAYOR,
COUNCILMEMBER PLACE 1 AND COUNCILMEMBER PLACE 4;
DESIGNATING LOCATION OF POLLING PLACES; ORDERING NOTICES OF
ELECTION TO BE GIVEN AS PRESCRIBED BY LAW IN CONNECTION WITH
SUCH ELECTION; AUTHORIZING EXECUTION OF JOINT ELECTION
CONTRACTS WITH COLLIN COUNTY AND DENTON COUNTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
A General Election is hereby ordered for the Town of Prosper, Texas (“Prosper”), to be
held jointly on Saturday, May 3, 2025, for the purpose of electing a Mayor, Councilmember Place
1, and Councilmember Place 4. The candidate for each office receiving a majority of all votes cast
for all candidates for an office shall be elected to serve such term.
SECTION 2
No person’s name shall be placed upon the ballot as a candidate for Mayor or
Councilmember unless such person has filed his or her sworn application as provided by Section
141.03 of the Texas Election Code, with the Town Secretary at the Prosper Town Hall, located at
250 W. First Street, Prosper, Texas 75078, not later than 5:00 p.m., on the 14th day of February
2025. The Town Secretary shall note on the face of each such application the date of such filing.
Such application shall include the office the candidate is seeking.
SECTION 3
Qualified voters of the following election precincts shall cast ballots for the General
Election at the heretofore established and designated Election Day polling places, as follows:
Town Precincts Polling Place
178, 199, 214, 224, 239 Prosper Town Hall Community Room
(Collin County) 250 W. First Street
Prosper, TX 75078
1016, 1017, 9102 Prosper Fire Station 2 Training Room
(Denton County) 1140 S. Teel Parkway
Prosper, TX 75078
General Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the
General Election, Saturday, May 3, 2025.
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Item 5.
Ordinance No. 2025-XX, Page 2
SECTION 4
Early voting by personal appearance for Denton County residents shall be available at the
Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas, 75078 from
Tuesday, April 22, 2025, through Saturday, April 26, 2025, from 8:00 a.m. to 5:00 p.m.; Sunday,
April 27, 2025, from 11:00 a.m. to 5:00 p.m.; and Monday, April 28, 2025, through Tuesday, April
29, 2025, from 7:00 a.m. to 7:00 p.m.
Early voting by personal appearance for Collin County residents shall be available at the
Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078, from Tuesday,
April 22, 2025, through Saturday, April 26, 2025, from 8:00 a.m. to 5:00 p.m.; Sunday, April 27,
2025, No Voting, and Monday, April 28, 2025, through Tuesday, April 29, 2025, from 7:00 a.m. to
7:00 p.m.
Qualified voters may vote at any of the additional Early Voting locations open under full
contract services with the Collin County Elections Administrator or the Denton County Elections
Administrator. This previous sentence shall also be posted in the Notice of Election.
SECTION 5
The Town Manager and Town Secretary are authorized to execute a contract for an
Election with the Denton County Election Department, the Collin County Election Department,
and other entities that will provide for all election appointments, early voting by mail, the
designated voting location(s) and hours of operation, payments for election officials, necessary
election arrangements and a runoff election (if applicable).
SECTION 6
The Town Secretary shall have the authority to approve any minor modifications as may
be necessary in the best interests of the Town and within the regulations of the Texas Election
Code. The early voting mail clerk for Collin County is: Kaleb Breaux, Early Voting Clerk, Collin
County Elections Department, 2010 Redbud Blvd, Suite 102, McKinney, Texas 75069
(election@collincountytx.gov), and the Early Voting Clerk for Denton County is Frank Phillips,
Early Voting Clerk, Denton County Elections, PO Box 1720, Denton, Texas 76202
(elections@dentoncountx.gov).
SECTION 7
The Town Secretary is hereby authorized and directed to publish and/or post, in the time
and manner prescribed by law, all notices required to be so published and/or posted in connection
with the conduct of this General Election. The General Election, including providing notice of the
General Election, shall be conducted in accordance with the Texas Election Code and other
applicable law, and all resident qualified and registered voters of the Town shall be eligible to vote
at the General Election.
SECTION 8
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out and
conducting the General Election, whether or not expressly authorized herein.
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Item 5.
Ordinance No. 2025-XX, Page 3
SECTION 9
The provisions of this ordinance are severable, so that the invalidity of one or more
provisions shall not affect the validity of those valid portions.
SECTION 10
This ordinance and order for a General Election shall be effective from and after the
passage of this ordinance.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, ON THIS THE 11TH DAY OF
FEBRUARY 2025.
APPROVED:
______________________________
David F. Bristol, Mayor
ATTEST:
__________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 14
Item 5.
CUIDAD DE PROSPER, TEXAS ORDENANZA NO. 2025-XX
UNA ORDENANZA DEL CONCEJO MUNICIPAL DE LA CUIDAD DE
PROSPER, TEXAS, QUE ORDENA QUE SE CELEBREN ELECCIONES
GENERALES EL 3 DE MAYO DE 2025 EN LA CUIDAD DE PROSPER CON EL
FIN DE ELEGIR UN ALCALDE; MIEMBRO DEL CONSEJO DEL LUGAR 1 Y
MIEMBRO DEL CONSEJO DEL LUGAR 4; DESIGNACIÓN DE LA UBICACIÓN
DE LOS LUGARES DE VOTACIÓN; ORDENAR QUE SE ENTREGUEN
NOTIFICACIONES DE ELECCIÓN SEGÚN LO PRESCRIBE LA LEY EN
RELACIÓN CON DICHA ELECCIÓN; AUTORIZANDO LA EJECUCIÓN DE
CONTRACTOS DE ELECCIÓN CONJUNTA CON LOS CONDADOS DE
COLLIN Y DENTON; PROPORCIONAR UNA CLÁUSULA DE DIVISIBILIDAD;
Y PROPORCIONAR UNA FECHA EFECTIVA.
AHORA, POR LO TANTO, EL CONCEJO DE LA CUIDUAD DE LA CUIDAD DE
PROSPER, TEXAS, ORDENA QUE:
SECCIÓN 1
Por la presente se ordena una Elección General por la Cuidad de Prosper, Texas
("Prosper"), que se llevará a cabo conjuntamente el sábado 3 de mayo de 2025, con el fin de
elegir un alcalde; miembro del Consejo del Lugar 1 y un miembro del Consejo del Lugar 4. El
candidato para cada cargo, que reciba la mayoría de los votos emitidos para todos los candidatos
a un cargo, será elegido para servir dicho término.
SECCIÓN 2
El nombre de ninguna persona se colocará en la boleta electoral como candidato a alcalde
o concejal a menos que dicha persona haya presentado su solicitud jurada según lo dispuesto
por la Sección 141.03 del Código Electoral de Texas, con el Secretario del Pueblo en el
Ayuntamiento de Prosper, ubicado en 250 W. First Street, Prosper, Texas 75078, a más tardar a
las 5:00 p. m., el día 14 de febrero de 2025. El Secretario del Pueblo anotará en el anverso de
cada solicitud la fecha de presentación. Dicha solicitud incluirá el cargo al que aspira el candidato.
SECCIÓN 3
Los votantes calificados de los siguientes precintos electorales emitirán sus votos para la
Elección General en los lugares de votación establecidos y designados hasta ahora para el Día
de la Elección, de la siguiente manera:
Recintos de la Ciudad Colegio Electoral
178, 199, 214, 224, 239 Prosper Town Hall Community Room
(Condado de Collin) 250 W. First Street
Prosper, TX 75078
1016, 1017, 9102 Prosper Fire Station 2 Training Room
(Condado de Denton) 1140 S. Teel Parkway
Prosper, TX 75078
Las urnas de las Elecciones Generales estarán abiertas desde las 7:00 a.m. hasta las
7:00 p.m., en la fecha de las Elecciones Generales, sábado 3 de mayo de 2025.
Page 15
Item 5.
Ordenanza No. 2025-XX, Página 2
SECCIÓN 4
La votación anticipada en persona para los residentes del condado de Denton estará
disponible en Prosper Fire Station 2 Training Room, 1140 S. Teel Parkway, Prosper, Texas,
75078 desde el martes 22 de abril de 2025 hasta el sábado 26 de abril de 2025 a partir de las
8:00 a.m. – 5:00 p.m.; domingo 27 de abril de 2025, de 11:00 a.m. a 5:00 p.m.; y del lunes 28 de
april de 2025 al martes 29 de abril de 2025 de 7:00 a.m. a 7:00 p.m.
La votación anticipada en persona para los residentes del condado de Collin estará
disponible en Prosper Town Hall Community Room, 250 W. First Street, Prosper, Texas 75078,
desde el martes 22 de abril de 2025 hasta el sábado 26 de abril de 2025 a partir de las 8:00 a.m.
– 5:00 p.m.; domingo 27 de abril de 2025, Sin Votar, y del lunes 28 de april de 2025 al martes 29
de abril de 2025 de 7:00 a.m. a 7:00 p.m.
Los votantes calificados pueden votar en cualquiera de los lugares de Votación Anticipada
adicionales abiertos bajo servicios de contrato completo con el Administrador de Elecciones del
Condado de Collin o el Administrador de Elecciones del Condado de Denton. Esta oración
anterior también se publicará en el Aviso de Elección.
SECCIÓN 5
Que el Administrador de la Cuidad y la Secretaria de la Cuidad están autorizados a
ejecutar un contracto para una Elección con el Departamento de Elecciones del Condado de
Denton, el Departamento de Elecciones del Condado de Collin, y otras entidades que
proporcionarán todos los nombramientos para las elecciones, la votación anticipada por correo,
el lugar de votación designado(s) y el horario de funcionamiento, los pagos de los funcionarios
electorales, los arreglos electorales necesarios y una segunda vuelta electoral (si es aplicable).
SECCIÓN 6
Que la Secretaria de la Cuidad tendrá la autoridad para aprobar cualquier modificación
menor que sea necesaria en el mejor interés del Pueblo y dentro de los reglamentos del Código
Electoral de Texas. El empleado de correo de votación anticipada del condado de Collin es: Kaleb
Breaux, empleado de votación anticipada, Departamento de Elecciones del condado de Collin,
2010 Redbud Blvd, Suite 102, McKinney, Texas 75069 (election@collincountytx.gov), y el
empleado de votación anticipada del condado de Denton es Frank Phillips, secretario de votación
anticipada, elecciones del condado de Denton, PO Box 1720, Denton, Texas 76202
(elections@dentoncountx.gov).
SECCIÓN 7
Por la presente, se autoriza y ordena a la Secretaria de la Cuidad que publique y/o
publique, en el tiempo y la forma prescritos por la ley, todos los avisos que se requiera que se
publiquen y/o publiquen en relación con la realización de esta Elección General. La Elección
General, incluida la notificación de la Elección General, se llevará a cabo de conformidad con el
Código Electoral de Texas y otras leyes aplicables, y todos los votantes calificados y registrados
residentes del Pueblo serán elegibles para votar en la Elección General.
Page 16
Item 5.
Ordenanza No. 2025-XX, Página 3
SECCIÓN 8
El Alcalde y la Secretaria de la Cuidad de la Cuidad, en consulta con el abogado del
pueblo, están autorizados y ordenados a tomar todas las medidas necesarias para cumplir con
las disposiciones del Código Electoral de Texas y cualquier otra ley estatal o federal al llevar a
cabo y llevar a cabo la Elección General, esté o no expresamente autorizado en este documento.
SECCIÓN 9
Que las disposiciones de esta ordenanza son separables, de manera que la invalidez de
una o más disposiciones no afectará la validez de aquellas porciones válidas.
SECCIÓN 10
Esta ordenanza y la orden para una Elección General entrarán en vigencia a partir de la
aprobación de esta ordenanza.
DEBIDAMENTE APROBADO Y APROBADO POR EL CONCEJO DE LA CUIDAD DE
LOS CONDADOS DE PROSPER, COLLIN Y DENTON, TEXAS, EL DÍA 11 DE FEBRERO DE
2025.
AP ROBADO:
______________________________
David F. Bristol, Alcalde
DOY FE:
________________________________________
Michelle Lewis Sirianni, Secretaria de la Cuidad
APROBADO EN FORMA Y LEGALIDAD:
____________________________________
Terrence S. Welch, Abogado de la Cuidad
Page 17
Item 5.
1
JOINT ELECTION SERVICES CONTRACT
(“Election Services Contract”)
ELECTION SERVICES AGREEMENT
BETWEEN
THE COLLIN COUNTY ELECTIONS ADMINISTRATOR
(“Contracting Election Officer”)
AND
TOWN OF PROSPER
(“Participating Political Subdivision”)
FOR THE CONDUCT OF A JOINT ELECTION
TO BE HELD ON SATURDAY, MAY 3, 2025
TO BE ADMINISTERED BY THE COLLIN COUNTY ELECTIONS ADMINISTRATOR
Page 18
Item 5.
2
1. ADMINISTRATION AND STATUTORY AUTHORITY
a. Kaleb Breaux (“Kaleb Breaux”) is the duly appointed County Elections Administrator
(“Elections Administrator”) of Collin County, Texas, and the Department Head of the Collin
County Elections Department. As such, Mr. Breaux is the Election Administrator of Collin
County, Texas and authorized by Subchapter D of Chapter 31 of Title 3 of the Texas Election
Code to enter into this Election Services Contract with the contracting authority of the
Participating Political Subdivision.
b. The contracting authority of the Participating Political Subdivision is hereby participating in
the Joint Election to be held in Collin County, Texas on Saturday, May 3, 2025. The
Participating Political Subdivision is hereby contracting with the Elections Administrator of
Collin County, Texas and all other joining jurisdictions to perform the election services set
forth in this Election Services Contract under Subchapter D of Chapter 31 of Title 3 of the
Texas Election Code.
2. DUTIES AND SERVICES OF THE CONTRACTING ELECTION OFFICER
a. The Contracting Election Officer shall be responsible for performing the following duties and
shall furnish the following services and equipment:
i. The Contracting Election Officer will prepare and publish the required Notice of
Election and post the required orders and resolutions to the Collin County Elections
Department website.
ii. The Contracting Election Officer shall arrange for appointment, notification (including
writ of election), training and compensation of all presiding judges, alternate judges,
the judge of the Central Count Station and judge of the Early Voting Ballot Board.
iii. The Contracting Election Officer shall be responsible for notification of each Election
Day and Early Voting presiding judge and alternate judge of his/her appointment. The
presiding election judge of each vote center will use his/her discretion to determine
when additional workers are needed, during peak voting hours.
iv. The Contracting Election Officer will determine the number of clerks to work in the
Central Count Station and the number of clerks to work on the Ballot Board.
1. Election judges shall attend the Contracting Election Officer’s school of
instruction (Election Law Class). A training event calendar will be provided.
2. Election judges and alternate judges shall be responsible for picking up and
returning election supplies to the County Election Warehouse located at 2010
Redbud Blvd., Suite 102, McKinney. Compensation for this pickup and
delivery of supplies will be $25.00.
v. The Contracting Election Officer shall compensate each election judge and worker.
Each judge shall receive $15.00 per hour, each alternate judge shall receive $14.00
per hour, and each clerk shall receive $13.00 per hour for services rendered. Overtime
will be paid to each person working more than 40 hours per week.
Page 19
Item 5.
3
b. The Contracting Election Officer shall procure, prepare, and distribute voting machines,
election kits, and election supplies.
i. The Contracting Election Officer shall secure election kits, which include the legal
documentation required to hold an election and all supplies.
ii. The Contracting Election Officer shall secure the tables, chairs, and legal
documentation required to run the Central Count Station.
iii. The Contracting Election Officer shall provide all lists of registered voters required for
use on Election Day and for the Early Voting period required by law.
iv. The Contracting Election Officer shall procure and arrange for the distribution of all
election equipment and supplies required to hold an election.
1. Equipment includes the rental of ES&S ExpressVote Universal Voting
Machines (EVS 6.1.1.0), ES&S ExpressTouch Curbside Voting Machines (EVS
6.1.1.0), ES&S DS200 Ballot Counters (EVS 6.1.1.0), ES&S Model DS450 and
DS850 High-Speed Scanners/Tabulators (EVS 6.1.1.0), ADA compliant
headphones and keypads, voting signs, and election supply cabinets.
2. Supplies include paper ballot cards, Early Voting and Election Day supply kits,
provisional ballot kits, security seals, pens, tape, markers, etc.
c. The Contracting Election Officer, Kaleb Breaux, shall be appointed the Early Voting Clerk.
i. The Contracting Election Officer shall supervise and conduct Early Voting by mail and
in person and shall secure personnel to serve as Early Voting Deputies.
ii. The Contracting Election Officer shall select the Early Voting polling locations and
arrange for the use of each.
iii. Early Voting by personal appearance for the Participating Political Subdivision shall be
conducted during the Early Voting dates and times and at the locations listed in
“Exhibit A” attached and incorporated by reference into this Election Services
Contract.
iv. All applications for an Early Voting mail ballot shall be received and processed by the
Collin County Elections Administration Office located at 2010 Redbud Blvd., Suite 102,
McKinney, Texas 75069.
1. Applications for mail ballots erroneously mailed to the Participating Political
Subdivision shall immediately be faxed to the Contracting Officer for timely
processing. The original application shall then be forwarded to the
Contracting Election Officer for proper retention.
2. All Federal Post Card Applications (FPCA) will be sent a mail ballot. No postage
is required.
v. All Early Voting ballots (those cast by mail and those cast by personal appearance)
shall be prepared for counting by the Early Voting Ballot Board in accordance with
Section 87.000 of the Texas Election Code. The Contracting Officer shall appoint the
presiding judge of this Board.
d. The Contracting Election Officer shall select the Election Day vote centers and arrange for the
use of each.
i. The Participating Political Subdivision shall assume the responsibility of remitting
their portion of cost of all employee services required to provide access, provide
security or provide custodial services for the vote centers.
ii. The Election Day vote centers are listed in “Exhibit B”, attached and incorporated by
reference into this Election Services Contract.
Page 20
Item 5.
4
e. The Contracting Election Officer shall be responsible for establishing and operating the
Central Count Station to receive and tabulate the voted ballots in accordance with Section
127.001 of the Election Code and of this agreement. The Central Count Station Manager shall
be Kaleb Breaux. The Central Count Station Judge shall be Kathi-Ann Rivard. The Tabulation
Supervisor shall be Brian Griesbach.
i. The Tabulation Supervisor shall prepare, test and run the County’s tabulation system
in accordance with statutory requirements and county policies, under the auspices of
the Contracting Election Officer.
ii. The Public Logic and Accuracy Test and Hash Validation of the electronic voting
system shall be conducted in accordance with Texas Election Code. The Contracting
Election Officer will post the required Notice of Logic and Accuracy Testing and Hash
Validation.
iii. Election night reports will be available to the Participating Political Subdivision at the
Central Counting Station on election night. Provisional ballots will be tabulated after
election night in accordance with State law.
iv. The Contracting Election Officer shall prepare the unofficial canvass report after all
precincts have been counted, and will provide canvassing documents to the
Participating Political Subdivision as soon as possible after all returns have been
tallied.
v. The Contracting Election Officer shall be appointed as the custodian of the voted
ballots and shall retain all election materials for a period of 22 months.
1. Pending no litigation and as prescribed by law, the voted ballots shall be
shredded 22 months after the election.
f. The Contracting Election Officer shall conduct a partial manual count as prescribed by Section
127.201 of the Texas Election Code and submit a written report to the Participating Political
Subdivision in a timely manner. If applicable, a written report shall be submitted to the
Secretary of State as required by Section 127.201 of the aforementioned code.
3. DUTIES AND SERVICES OF THE PARTICIPATING POLITICAL SUBDIVISION
a. The Participating Political Subdivision shall assume the following duties:
i. The Participating Political Subdivision will prepare, adopt, and publish all legally
required election orders, resolutions, and other documents required by, or of, their
governing bodies. The Participating Political Subdivision are required to send Collin
County Elections Department a copy of any election order or resolution related to this
Joint Election within three business days of publishing, adopting or ordering it.
ii. The Participating Political Subdivision shall provide the Contracting Election Officer
with an updated map and street index of their jurisdiction in an electronic (PDF and
shape files preferred) or printed format as soon as possible but no later than Friday,
February 14, 2025.
iii. The Participating Political Subdivision shall procure and provide the Contracting
Election Officer with the ballot layout and Spanish translation in an electronic format.
1. The Participating Political Subdivision shall deliver to the Contracting Election
Officer as soon as possible, but no later than 5:00 p.m. Monday, February 24,
2025, the official wording for the Participating Political Subdivision’s May 3,
2025 Joint Election.
2. The Participating Political Subdivision shall approve the ballot proofs format
within 24 hours of receiving the ballot proof and prior to the final printing.
Page 21
Item 5.
5
a. If the Participating Political Subdivision fails to approve the ballot
proofs within 24 hours of receiving the proofs, the Contracting
Election Officer will presume that the ballot proofs have been
approved by the Participating Political Subdivision. Any costs incurred
by making any changes to the ballot (designing, printing,
programming, etc.) from this point forward will be the responsibility
of the Participating Political Subdivision.
iv. The Participating Political Subdivision shall compensate the Contracting Election
Officer for all associated costs including any additional verified cost incurred in the
process of running this election or for a manual recount, this election may require,
consistent with charges and hourly rates shown on “Exhibit C” for required services.
1. The charges incurred during the manual recount are outlined in Sec. 212 of
the Texas Election Code.
b. The Participating Political Subdivision shall pay the Contracting Election Officer 90% of the
estimated cost to run the said election prior to Friday, March 28, 2025. The Contracting
Election Officer shall place the funds in a “contract fund” as prescribed by Section 31.100 of
the Texas Election Code. The deposit should be made payable to the “Collin County Treasury”
with a note “For election services” included with the check documentation and delivered to
the Collin County Treasury, 2300 Bloomdale Rd., #3138, McKinney, Texas 75071.
c. The Participating Political Subdivision shall pay the cost of conducting said election, less partial
payment, including the 10% administrative fee, pursuant to the Texas Election Code, Section
31.100, within 30 days from the date of final billing. Additionally, all payments in excess of the
final cost to perform the election will be refunded to the Participating Political Subdivision.
4. COST OF SERVICES.
a. See “Exhibit C”.
b. Note: A Participating Political Subdivision shall incur a minimum cost of $3,500.00 to
conduct a joint election with the Collin County Elections Department.
5. RUNOFF ELECTIONS
a. Each Participating Political Subdivision shall have the option of extending the terms of this
contract through its Runoff Election, if applicable. In the event of such Runoff Election, the
terms of this contract shall automatically extend unless the Participating Political Subdivision
notifies the Elections Administrator in writing within 3 business days of the original election.
b. Each Participating Political Subdivision shall reserve the right to reduce the number of Early
Voting polling locations and/or Election Day vote centers in a Runoff Election. If necessary,
any voting changes made by a Participating Political Subdivision between the original election
and the Runoff Election shall be submitted by the authority making the change to the United
States Department of Justice for the preclearance required by the Federal Voting Rights Act
of 1965, as amended.
c. Each Participating Political Subdivision agrees to order any Runoff Election(s) at its meeting
for canvassing the votes from May 3, 2025 Joint Election, and to conduct its drawing for ballot
positions at, or immediately following, such meeting in order to expedite preparations for its
Runoff Election.
d. Each Participating Political Subdivision eligible to hold Runoff Elections after the May 3, 2025
Uniform Election Date agrees that the date of a necessary Runoff Election shall be held in
accordance with the Texas Election Code, which will be Saturday, June 7, 2025.
Page 22
Item 5.
6
6. GENERAL PROVISIONS
a. Nothing contained in this Election Services Contract shall authorize or permit a change in the
officer with whom, or the place at which any document or record relating to the Participating
Political Subdivision’s May 3, 2025 Joint Election are to be filed, or the place at which any
function is to be carried out, or any nontransferable functions specified under Section 31.096
of the Texas Election Code.
b. Upon request, the Contracting Election Officer will provide copies of all invoices and other
charges received in the process of running said election for the Participating Political
Subdivision.
c. If the Participating Political Subdivision cancels their elections pursuant to Section 2.053 of
the Texas Election Code, the Participating Political Subdivision shall pay the Contracting
Officer a contract preparation fee of $75.00 and will not be liable for any further costs
incurred by the Contracting Officer.
d. The Contracting Officer shall file copies of this contract with the County Judge and the County
Auditor of Collin County, Texas.
Page 23
Item 5.
WITNESS BY MY HAND THIS ____DAY OF __________________2025.
________________________________
Kaleb Breaux, Elections Administrator
Collin County, Texas
WITNESS BY MY HAND THIS ____ DAY OF __________________ 2025.
Approved By: Witnessed By:
Signed: _____________________________ Signed: _____________________________
Name: _____________________________ Name: _____________________________
Title: _____________________________ Title: _____________________________
Page 24
Item 5.
THE STATE OF TEXAS COUNTY OF DENTON
JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES
This CONTRACT for election services is made by and between the Denton County Elections
Administrator and the following political subdivisions, herein referred to as “participating
authority or participating authorities” located entirely or partially inside the boundaries of
Denton County:
Participating Authorities:
This contract is made pursuant to Texas Election Code Sections 31.092 and 271.002 and Texas
Education Code Section 11.0581 for a joint May 3, 2025 election to be administered by Frank
Phillips, Denton County Elections Administrator, hereinafter referred to as “Elections
Administrator.”
RECITALS
Each participating authority listed above plans to hold a General or Special Election on May 3,
2025. Denton County plans to hold county-wide voting for this General Election.
The County owns the Hart InterCivic Verity Voting System, which has been duly approved by
the Secretary of State pursuant to Texas Election Code Chapter 122 as amended and is compliant
with the accessibility requirements for persons with disabilities set forth by Texas Election Code
Section 61.012. The contracting political subdivisions (participating authorities) desire to use the
County’s voting system and to compensate the County for such use and to share in certain other
expenses connected with joint elections, in accordance with the applicable provisions of
Chapters 31 and 271 of the Texas Election Code, as amended.
NOW THEREFORE, in consideration of the mutual covenants, agreements, and benefits to all
parties, IT IS AGREED as follows:
I. ADMINISTRATION
The participating authorities agree to hold a “Joint Election” with Denton County and each other
in accordance with Chapter 271 of the Texas Election Code and this agreement. The Elections
Administrator shall coordinate, supervise, and handle all aspects of administering the Joint
Election as provided in this agreement. Each participating authority agrees to pay the Elections
Administrator for equipment, supplies, services, and administrative costs as provided in this
agreement. The Elections Administrator shall serve as the administrator for the Joint Election;
however, each participating authority shall remain responsible for the decisions and actions of its
officers necessary for the lawful conduct of its election. The Elections Administrator shall
provide advisory services in connection with decisions to be made and actions to be taken by the
officers of each participating authority as necessary.
Page 25
Item 5.
It is understood that other political subdivisions may wish to participate in the use of the
County’s Verity voting system and polling places, and it is agreed that the Elections
Administrator may enter into other contracts for election services for those purposes, on
terms and conditions generally similar to those set forth in this contract. In such cases, costs shall
be pro-rated among the participants according to Section XI of this contract.
II. LEGAL DOCUMENTS
Each participating authority shall be responsible for the preparation, adoption, and publication of
all required election orders, resolutions, notices, and any other pertinent documents required by
the Texas Election Code and/or the participating authority’s governing body, charter, or
ordinances, except that the Elections Administrator shall be responsible for the preparation and
publication of all voting equipment testing notices that are required by the Texas Election Code.
Election orders should include language that would not necessitate amending the order if any of
the Early Voting and/or Election Day polling places change.
Preparation of the necessary materials for notices and the official ballot shall be the
responsibility of each participating authority, including translation to languages other than
English. Each participating authority shall provide a copy of their respective election orders and
notices to the Elections Administrator.
III. VOTING LOCATIONS
The Elections Administrator shall select and arrange for the use of and payment for all Early
Voting and Election Day voting locations. Voting locations will be, whenever possible, the usual
voting location for each election precinct in elections conducted by each participating authority
and shall be compliant with the accessibility requirements established by Election Code Section
43.034 and the Americans with Disabilities Act (ADA). The proposed voting locations are listed
in Exhibit A of this agreement. In the event a voting location is not available or appropriate, the
Elections Administrator will arrange for use of an alternate location. The Elections Administrator
shall notify the participating authorities of any changes from the locations listed in Exhibit A.
IV. ELECTION JUDGES, CLERKS, AND OTHER ELECTION PERSONNEL
Denton County shall be responsible for the appointment of the presiding judge and alternate
judge for each polling location. The Elections Administrator shall make emergency
appointments of election officials if necessary.
Upon request by the Elections Administrator, each participating authority agrees to assist in
recruiting bilingual polling place officials (fluent in both English and Spanish). In compliance
with the Federal Voting Rights Act of 1965, as amended, each polling place containing more
than 5% Hispanic population as determined by the 2020 Census shall have one or more election
officials who are fluent in both the English and Spanish languages. If a presiding judge is not
bilingual, and is unable to appoint a bilingual clerk, the Elections Administrator may recommend
a bilingual worker for the polling place. If the Elections Administrator is unable to recommend
or recruit a bilingual worker, the participating authority or authorities served by that polling
Page 26
Item 5.
place shall be responsible for recruiting a bilingual worker for translation services at that polling
place.
The Elections Administrator shall notify all election judges of the eligibility requirements of
Subchapter C of Chapter 32 of the Texas Election Code and will take the necessary steps to
insure that all election judges appointed for the Joint Election are eligible to serve.
The Elections Administrator shall arrange for the training and compensation of all election
judges and clerks. The Election judges and clerks who attend in-person voting equipment
training and/or procedures training, shall be compensated at a flat rate of $78. Election judges
and clerks that elect to complete online training shall be compensated at a rate of a flat $50. In
the event that an Election judge or clerk completes both in-person and online training, they shall
be compensated for the training resulting in the highest pay and will not be compensated for both
trainings.
The Elections Administrator shall arrange for the date, time, and place for presiding election
judges to pick up their election supplies. Each presiding election judge will be sent a letter from
the Elections Administrator notifying them of their appointment, the dates/times and locations of
training and distribution of election supplies, and the number of election clerks that the presiding
judge may appoint.
Each election judge and clerk will receive compensation at the hourly rate established by Denton
County pursuant to Texas Election Code Section 32.091 and overtime after 40 hours worked per
week, if applicable. The election judge, or their designee, will receive an additional sum of
$25.00 for picking up the election supplies and equipment prior to Election Day and for returning
the supplies and equipment to the central counting station after the polls close. Likewise, the
Presiding Judge in Early Voting, or their designee, will receive an additional sum of $25.00 for
picking up the election supplies prior to the first day of Early Voting and for returning the
supplies and equipment to the Elections Department after Early Voting has ended.
The compensation rates established by Denton County are:
Early Voting – Presiding Judge ($19.557/hour), Alternate Judge ($18.2532/ hour), Clerk
($16.9494/ hour)
Election Day – Presiding Judge ($19.557/hour), Alternate Judge ($18.2532/ hour), Clerk
($16.9494/ hour)
The Elections Administrator may employ other personnel necessary for the proper administration
of the election, as well as, pre and post-election administration. In such cases, costs shall be pro-
rated among participants of this contract. Personnel working in support of full-time staff will be
expensed on a pro-rated basis and include a time period of one week prior to the election, during
the election, and one week post-election. Personnel working in support of the Early Voting
Ballot Board and/or central counting station on election night will be compensated at the hourly
rate set by Denton County in accordance with Election Code Sections 87.005, 127.004, and
127.006.
Page 27
Item 5.
If elections staff is required outside of the hours of the office’s normal scope of business, the
entity(ies) responsible for the hours will be billed for those hours. The Elections Administrator
will determine when those hours are necessary, the number of staff and who are necessary, along
with to whom the hours are to be billed. Cost for these hours will be billed at a rate of 1.5 times
the staff's hourly rate (See Sections XV #9). The Election Administrator has the right to waive
these costs as they see fit.
V. PREPARATION OF SUPPLIES AND VOTING EQUIPMENT
The Elections Administrator shall arrange for delivery of all election supplies and voting
equipment including, but not limited to, the County’s Verity voting system and equipment,
official ballot paper, sample ballots, voter registration lists, and all forms, signs, maps and other
materials used by the election judges at the voting locations. The Elections Administrator shall
ensure availability of tables and chairs at each polling place and shall procure rented tables and
chairs for those polling places that do not have tables and/or chairs. Any additional required
materials (required by the Texas Election Code) must be provided by the participating authority,
and delivered to the Elections Office thirty-three (33) calendar days (March 31, 2025) prior to
Election Day. If this deadline is not met, the material must be delivered by the participating
authority, to all Early Voting and Election Day locations affected, prior to voting commencing.
The Elections Administrator shall be responsible for conducting all required testing of the voting
equipment, as required by Chapters 127 and 129 of the Texas Election Code.
At each polling location, joint participants shall share voting equipment and supplies to the
extent possible. The participating authorities shall share a mutual ballot in those precincts where
jurisdictions overlap. Multiple ballot styles shall be available in those shared polling places
where jurisdictions do not overlap. The Elections Administrator shall provide the necessary voter
registration information, maps, instructions, and other information needed to enable the election
judges in the voting locations that have more than one ballot style to conduct a proper election.
Each participating authority shall furnish the Elections Administrator a list of candidates and/or
propositions showing the order and the exact manner in which the candidate names and/or
proposition(s) are to appear on the official ballot (including titles and text in each language in
which the authority’s ballot is to be printed). Said list must be provided to the Elections
Office within three (3) business days following the last day to file for a place on the ballot or
after the election is ordered, whichever is later. The list of candidates and/or propositions must
be completed on the ballot language form provided by the Elections Administrator, the
information will preferably be in sentence case format, and must contain candidate contact
information for the purposes of verifying the pronunciation of each candidate’s name. Each
participating authority shall be responsible for proofreading and approving the ballot insofar as it
pertains to that authority’s candidates and/or propositions. Each participating authority shall be
responsible for proofing and approving the audio recording of the ballot insofar as it pertains to
that authority’s candidates and/or propositions. The approval must be finalized with the
Elections Office within five (5) calendar days of the receipt of the proofs, or the provided
proofs shall be considered approved.
Page 28
Item 5.
The joint election ballots shall list the County’s election first. The joint election ballots that
contain ballot content for more than one joint participant because of overlapping territory shall
be arranged with the Central Appraisal District, then the appropriate school district ballot content
appearing on the ballot, followed by the appropriate city ballot content, and followed by the
appropriate water district or special district ballot content.
Early Voting by personal appearance and on Election Day shall be conducted exclusively on
Denton County’s Verity voting system including provisional ballots.
The Elections Administrator shall be responsible for the preparation, testing, and delivery of the
voting equipment for the election as required by the Election Code.
The Elections Administrator shall conduct criminal background checks on the relevant
employees upon hiring as required by Election Code 129.051(g).
VI. EARLY VOTING
The participating authorities agree to conduct joint early voting and to appoint the Election
Administrator as the Early Voting Clerk in accordance with Sections 31.097 and 271.006 of the
Texas Election Code. Each participating authority agrees to appoint the Elections
Administrator’s permanent county employees as deputy early voting clerks. The participating
authorities further agree that the Elections Administrator may appoint other deputy early voting
clerks to assist in the conduct of early voting as necessary, and that these additional deputy early
voting clerks shall be compensated at an hourly rate set by Denton County pursuant to Section
83.052 of the Texas Election Code. Deputy early voting clerks who are permanent employees of
the Denton County Elections Administrator or any participating authorities shall serve in that
capacity without additional compensation.
Exhibit A of this document includes locations, dates, and times that voting will be held for Early
Voting by personal appearance. Any qualified voter of the Joint Election may vote early by
personal appearance at any one of the joint early voting locations. All requests for temporary
branch polling places will be considered and determined based on the availability of the facility
and if it is within the Election Code parameters. All costs for temporary locations including
coverage by Election Administration staff will be borne by the requesting authority. The
Elections Administrator will determine when those hours are necessary, the number of staff and
who are necessary, along with to whom the hours are to be billed. Cost for these hours will be
billed at a rate of 1.5 times the staff’s hourly rate (See Sections XV #10). The Election
Administrator has the right to waive these costs as they see fit.
The standard dates and hours for the May 3, 2025 election will be as follows:
Tuesday, April 22, 2025 through Saturday, April 26, 2025; 8am – 5pm
Sunday, April 27, 2025; 11am-5pm
Monday, April 28, 2025 through Tuesday, April 29, 2025; 7am-7pm
Page 29
Item 5.
As Early Voting Clerk, the Elections Administrator shall receive applications for early voting
ballots to be voted by mail in accordance with Chapters 31 and 86 of the Texas Election Code.
Any requests for early voting ballots to be voted by mail received by the participating authorities
shall be forwarded immediately by fax or courier to the Elections Administrator for
processing. The address of the Early Voting Clerk is as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
PO Box 1720
Denton, TX 76202
Email: elections@dentoncounty.gov
Any requests for early voting ballots to be voted by mail, and the subsequent actual voted ballots
that are sent by a contract carrier (ie. UPS, FedEx, etc.) shall be delivered to the Early Voting
Clerk at the Denton County Elections Department physical address as follows:
Frank Phillips, Early Voting Clerk
Denton County Elections
701 Kimberly Drive, Suite A100
Denton, TX 76208
Email: elections@dentoncounty.gov
The Elections Administrator shall post on the county website, the participating authority’s Early
Voting Roster on a daily basis. In accordance with Section 87.121 of the Election Code, the
daily roster showing the previous day’s early voting activity will be posted no later than 11:00
am each business day.
VII. EARLY VOTING BALLOT BOARD
Denton County shall appoint the Presiding Judge of an Early Voting Ballot Board (EVBB) to
process early voting results from the Joint Election. The Presiding Judge, with the assistance of
the Elections Administrator, shall appoint an Alternate Judge and one or more additional
members to constitute the EVBB. The Elections Administrator shall determine the number of
EVBB members required to efficiently process the early voting ballots.
VIII. CENTRAL COUNTING STATION AND ELECTION RETURNS
The Elections Administrator shall be responsible for establishing and operating the central
counting station to receive and tabulate the voted ballots in accordance with the provisions of the
Texas Election Code and of this agreement.
The participating authorities hereby, in accordance with Section 127.002, 127.003, and 127.005
of the Texas Election Code, appoint the following central counting station officials:
Counting Station Manager: Brandy Grimes, Deputy Elections Administrator
Tabulation Supervisor: Jason Slonaker, Technology Resources Coordinator
Page 30
Item 5.
Presiding Judge: Early Voting Ballot Board Judge
Alternate Judge: Early Voting Ballot Board Alternate Judge
The counting station manager or their representative shall deliver timely cumulative reports of
the election results as precincts report to the central counting station and are tabulated by posting
on the Election Administrator's Election Night Results website. The manager shall be responsible
for releasing unofficial cumulative totals and precinct returns from the election to the joint
participants, candidates, press, and members of the general public by distribution of hard copies
at the central counting station (if requested) and by posting to the Election Administrator's
Election Night Results website. To ensure the accuracy of reported election returns, results
printed on the reports produced by Denton County’s voting equipment will not be released to the
participating authorities at the remote collection locations or from individual polling locations.
The Elections Administrator will prepare the unofficial canvass reports after all precincts have
been counted and will deliver a copy of the unofficial canvass to each participating authority as
soon as possible after all returns have been tabulated. The Elections Administrator will include
the tabulation and precinct-by-precinct results that are required by Texas Election Code Section
67.004 for the participating authorities to conduct their respective canvasses. Each participating
authority shall be responsible for the official canvass of its respective election(s), and shall notify
the Elections Administrator, or their designee, of the date of the canvass, no later than three days
after Election Day.
The Elections Administrator shall be responsible for conducting the post-election manual recount
required by Section 127.201 of the Texas Election Code unless a waiver is granted by the
Secretary of State. Notification and copies of the recount, if waiver is denied, will be provided to
each participating authority and the Secretary of State’s Office.
IX. PARTICIPATING AUTHORITIES WITH TERRITORY OUTSIDE DENTON
COUNTY
Each participating authority with territory containing population outside of Denton County
agrees that the Elections Administrator shall administer only the Denton County portion of those
elections. On a case-by-case basis, the Elections Administrator may consider administering an
entities election for portions outside of Denton County.
X. RUNOFF ELECTIONS
Each participating authority shall have the option of extending the terms of this agreement
through its runoff election, if applicable. In the event of such runoff election, the terms of this
agreement shall automatically extend unless the participating authority notifies the Elections
Administrator in writing within three (3) business days of the original election.
Each participating authority shall reserve the right to reduce the number of early voting locations
and/or Election Day voting locations in a runoff election.
Page 31
Item 5.
Each participating authority eligible to hold runoff elections agrees that the date of the runoff
election, if necessary, shall be determined by the Secretary of State, with early voting being held
in accordance with the Election Code.
XI. ELECTION EXPENSES AND ALLOCATION OF COSTS
The participating authorities agree to share the costs of administering the Joint Election.
Allocation of general expenses, which are not directly attributable to an individual polling
location, will be expensed by each participating authority’s percentage of registered voters of the
total registered voters of all participating authorities.
Expenses for Early Voting by personal appearance shall be allocated based upon the actual costs
associated with each early voting location. Each participating authority shall be responsible for
an equal portion of the actual costs associated with the early voting locations within their
jurisdiction. Participating authorities that do not have a polling location within their jurisdiction
shall pay an equal portion of the nearest polling location. If an entity requests an Early Voting
location outside of their jurisdiction and the request is granted, the participating authority shall
be responsible for an equal portion of the actual cost associated with the early voting location
requested.
Election Day location expenses will be allocated based on each participating authority’s
percentage of registered voters assigned to each polling place.
In the event that participating authorities with overlapping boundaries cannot make an agreement
on Early Voting and/or Election Day locations, the requesting participating authority agrees to
bear the entire expense of the location.
Final determination of Early Voting and/or Election Day locations will be confirmed by the
Elections Administrator.
Each participating authority requesting additional hours, outside of the standard hours, for a
location or locations, agree to split the cost of the additional open hours equally amongst the
requesting participating authorities.
Costs for Early Voting by mail, in-person ballots, ballots, provisional ballots, and Poll Pad paper
shall be allocated according to the actual number of ballots issued to each participating
authority’s voters and the cost shared equally amongst participating authorities of each ballot
style.
Each participating authority agrees to pay the Elections Administrator an administrative fee
equal to ten percent (10%) of its total billable costs in accordance with Section 31.100(d) of the
Texas Election Code.
The Elections Administrator shall deposit all funds payable under this contract into the
appropriate fund(s) within the county treasury in accordance with Election Code Section 31.100.
Page 32
Item 5.
The Elections Administrator reserves the right to adjust the above formulas in agreement with an
individual jurisdiction if the above formula results in a cost allocation that is inequitable.
If any participating authority makes a special request for extra Temporary Branch Early Voting
by Personal Appearance locations as provided by the Texas Election Code, that entity agrees to
pay the entire cost for that request.
Participating authorities having the majority of their voters in another county, and/or fewer than
500 registered voters in Denton County, and that do not have an Election Day polling place or
early voting location within their Denton County territory shall pay a flat fee of $750 for election
expenses.
Election expenses, including but not limited to, overtime charges for Election Office staff, and
any unforeseen expenses needed to conduct the election, will be borne by the participating
authority or authorities, affected.
The fee for programming each participating authority’s election will be based on the number of
races within their election. The fee schedule is as follows:
Programming Fees
# of
Races
DCEA
fee
1-5 $750.00
6-10 $1,265.00
11-20 $1,650.00
21-40 $2,090.00
41-75 $2,640.00
76-100 $3,135.00
XII. WITHDRAWAL FROM CONTRACT DUE TO CANCELLATION OF ELECTION
Any participating authority may withdraw from this agreement and the Joint Election should it
cancel its election in accordance with Sections 2.051 - 2.053 of the Texas Election Code. The
withdrawing authority is fully liable for any expenses incurred by the Denton County Elections
Administrator on behalf of the authority plus an administrative fee of ten percent (10%) of such
expenses. Any monies deposited with the Elections Administrator by the withdrawing authority
shall be refunded, minus the aforementioned expenses and administrative fees, if applicable.
It is agreed that any of the joint election early voting locations that are not within the boundaries
of one or more of the remaining participating authorities, with the exception of the early voting
location at the Denton County Elections Building, may be dropped from the joint election unless
one or more of the remaining participating authorities agreed to fully fund such location(s). In
the event that any early voting location is eliminated under this section, as addendum to the
contract shall be provided to the remaining participants within five days after notification of all
intents to withdraw have been received by the Elections Administrator.
Page 33
Item 5.
XIII. RECORDS OF THE ELECTION
The Elections Administrator is hereby appointed general custodian of the voted ballots and all
records of the Joint Election as authorized by Section 271.010 of the Texas Election Code.
Access to the election records shall be available to each participating authority as well as to the
public in accordance with applicable provisions of the Texas Election Code and the Texas Public
Information Act. The election records shall be stored at the offices of the Elections
Administrator or at an alternate facility used for storage of county records. The Elections
Administrator shall ensure that the records are maintained in an orderly manner so that the
records are clearly identifiable and retrievable.
Records of the election shall be retained and disposed of in accordance with the provisions of
Section 66.058 of the Texas Election Code. If records of the election are involved in any pending
election contest, investigation, litigation, or open records request, the Elections Administrator
shall maintain the records until final resolution or until final judgment, whichever is applicable.
It is the responsibility of each participating authority to bring to the attention of the Elections
Administrator any notice of pending election contest, investigation, litigation or open records
request which may be filed with the appropriate participating authority.
XIV. RECOUNTS
A recount may be obtained as provided by Title 13 of the Texas Election Code. By signing this
document, the presiding officer of the contracting participating authorities agree that any recount
shall take place at the office of the Elections Administrator, and that the Elections Administrator
shall serve as Recount Supervisor, and the participating authority’s official or employee who
performs the duties of a secretary under the Texas Election Code shall serve as Recount
Coordinator.
The Elections Administrator agrees to provide advisory services to each participating authority
as necessary to conduct a proper recount.
XV. MISCELLANEOUS PROVISIONS
1. It is understood that to the extent space is available, other districts and political
subdivisions may wish to participate in the use of the County’s election equipment and
voting places, and it is agreed that the Elections Administrator may contract with such
other districts or political subdivisions for such purposes and that in such event there may
be an adjustment of the pro-rata share to be paid to the County by the participating
authorities.
2. The Elections Administrator shall file copies of this document with the Denton County
Treasurer and the Denton County Auditor in accordance with Section 31.099 of the Texas
Election Code.
Page 34
Item 5.
3. Nothing in this contract prevents any party from taking appropriate legal action against
any other party and/or other election personnel for a breach of this contract or a violation
of the Texas Election Code.
4. This agreement shall be construed under and in accord with the laws of the State of
Texas, and all obligations of the parties created hereunder are performable in Denton
County, Texas.
5. In the event that one of more of the provisions contained in this Agreement shall for any
reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity,
illegality, or unenforceability shall not affect any other provision hereof and this
agreement shall be construed as if such invalid, illegal, or unenforceable provision had
never been contained herein.
6. All parties shall comply with all applicable laws, ordinances, and codes of the State of
Texas, all local governments, and any other entities with local jurisdiction.
7. The waiver by any party of a breach of any provision of this agreement shall not operate
as or be construed as a waiver of any subsequent breach.
8. Any amendments of this agreement shall be of no effect unless in writing and signed by
all parties hereto.
9. Failure for a participating authority to meet the deadlines as outline in this contract may
result in additional charges, including but not limited to, overtime charges, etc.
Elections Staffing Hourly Rate (includes all benefit pay):
Absentee Voting Coordinator $46.798
Voter Registration Clerk $35.788 - $37.718
Technology Resources Coordinator $50.666
Elections Technician $32.593 - $40.057
Voter Registration Coordinator $42.854
Training Coordinator $52.800
Election Coordinator $35.635
XVI. COST ESTIMATES AND DEPOSIT OF FUNDS
The total estimated obligation for each participating authority under the terms of this agreement
is listed below. The exact amount of each participating authority’s obligation under the terms of
this agreement shall be calculated after the May 3, 2025 election (or runoff election, if
applicable). The participating authority’s obligation shall be paid to Denton County within 30
days after the receipt of the final invoice from the Denton County Elections Administrator.
Page 35
Item 5.
The total estimated obligation for each participating authority under the terms of this agreement
shall be provided within 45 days after the last deadline for ordering an election:
Entity Estimate
v.0525
THIS PAGE INTENTIONALLY BLANK.
Page 36
Item 5.
XVII. JOINT CONTRACT ACCEPTANCE AND APPROVAL
IN TESTIMONY HEREOF, this agreement has been executed on behalf of the parties hereto as follows, to -wit:
(1) It has on the 13th day of January, 2025 been executed by the Denton County Elections
Administrator pursuant to the Texas Election Code so authorizing;
(2) It has on the ______ day of ___________, 2025 been executed on behalf of the REPLACE WITH
NAME OF POLITICAL SUBDIVISON HERE pursuant to an action of the REPLACE WITH NAME OF
POLITICAL SUBDIVISON’S GOVERNING AUTHORITY HERE so authorizing;
ACCEPTED AND AGREED TO BY DENTON COUNTY ELECTIONS ADMINISTRATOR:
APPROVED:
___________________________________________
Frank Phillips, CERA
ACCEPTED AND AGREED TO BY THE REPLACE WITH NAME OF POLICTICAL SUBDIVISION HERE:
APPROVED: ATTESTED:
_____________________________________________ _______________________________________
TITLE OF PRESIDING OFFICER TITLE OF PERSON ACTING AS SECRETARY
Page 37
Item 5.
Page 1 of 17
TEXAS MUNICIPAL CLERKS CERTIFICATION PROGRAM
Election Calendar
For a City’s General Election on May 3, 2025
(last updated December 3, 2024; subject to 89th Legislative Session)
Abbreviations in the calendar are the same as those in the Texas Municipal Election Law
Manual (6th edition) [M]. This most recent edition has a green cover. Check that you have any
updated pages that address legislative changes since the edition was originally printed.
This calendar does not apply to all elections. For example, to prepare a calendar for a
special election to fill a vacancy in office (even one on a uniform election date), see M §12.03; for
a special election on a measure, see M §12.12. This calendar omits actions that vary from one city
to another (for example, preparation of voting equipment). Each city secretary should use the chart
at M §1.62 to create a personal election calendar. Always verify the latest version of this calendar
on the TMCA’s website. The calendar is subject to correction and legislative change.
Dates in column 1 are 2025 unless noted otherwise. Actions in column 2 relate to general
elections (those in italics pertain to early voting). Actions are typically taken by the city secretary,
but deviations appear in column 3. Column 4 is a cross reference to the Elections Manual. If this
cross reference includes a year, then refer to the updated page, not the originally printed one.
“ED Interval” in column 5 indicates the time between the date of the action and election
day. For example, the notation “50th” in the entry for March 14 means mandatory office hours
begin the 50th day before election day; the notation “+10” in the entry for May 13 means that the
LAST DAY for the presiding judge of the early voting ballot board to mail voters notices of
rejected mail ballots is the 10th day after election day. An asterisk (*) in this column indicates the
time stated is not required by statute.
When a statutory provision prescribes the LAST DAY for the performance of an act, the
number in column 5 reflects that day. If the statutory date is moved because of a Saturday, Sunday,
or state or national holiday [M §1.52(b); endnote 6], the resulting date is designated in column 1,
and column 5 indicates, in parentheses and italics, the actual number of days measured from
election day. Not all due dates revolve around election day and are so noted.
The last column has been reserved to show completion of the event in column 2. A dashed
line in the table between entries indicates separate events that fall on the same day.
When reading the Election Code, read the chapter and subchapter titles to determine if the
section applies to cities. Not all sections apply. Note that counties cannot order elections of their
own in May of even-numbered years and may decline to contract with cities at that time.
Page 38
Item 5.
Date Action By or With
Whom Taken
M § ED
Interval
Thur
May 2
2024
One-year deadline for posting certain candidacy
and other information on the city’s website.
Note: See endnote 1.
City Secretary 2.13(d)(2) 366
Mon
Dec 16
2024
LAST DAY to post on the city’s bulletin board
notice of the filing period for the general
election (SOS Form 2-1).
City Secretary 2.13(d)(1) -138
(30 days
before
1st day
to file)
Wed
Jan 1
2025
NY Day
FIRST DAY voters may apply for a ballot by mail
(ABBM), for an Annual ABBM, or for a Federal
Postcard Application (FPCA). Note: The first day
does not move despite the New Year’s Day
holiday. See ED – 11 days for end of period.
City Secretary 9.44(a) 1st day of
year
Thu
Jan 2
Recommended* period to obtain forms:
candidate’s application for place on ballot,
appointment of campaign treasurer (candidate
and specific-purpose committee), report of
contributions and expenditures (candidate-
officeholder and specific-purpose committee),
application for mail ballot, administrative
forms, and precinct forms.
City Secretary
5.31 *121st
Thu
Jan 2-
Fri
Jan 24
Recommended* period to review M §1.62 for
possible action: Steps 1-5 (revising election
precincts, designating polling places, changing
method of voting, and contracting, if any) and
Step 12 (establishing or changing terms of
election judges).
City Secretary
and
City Council
1.62 *121st
through
*99th
Wed
Jan 15
LAST DAY for timely filing of semi-annual
report of contributions and expenditures. Note:
See endnote 6.
City
Secretary
3.12(b)
3.16
Jan 15
Jan 15
FIRST DAY for filing application for place on
general election ballot (SOS Form 2-49). Note:
Filing for a general election may occur before
the election is ordered (as opposed to a special
election). Period ends at 5 p.m. ED – 78 days.
City Secretary 2.13(a)
2.14(a)
108th
(30 days
before
filing
dead-
line)
Jan 15 FIRST DAY for filing declaration of write-in
candidacy (SOS Form 2-55). Note: Periods ends
at 5 p.m. ED – 74 days.
City Secretary 2.18(b) 108th
Page 39
Item 5.
3
Date Action By or With
Whom Taken
M § ED
Interval
Mon
Jan 20
to
Fri
Feb 14
Recommended* period and statutory deadline
for ordering a general election (SOS Form 1-2).
Note: While the 6th edition of the manual
recommends ordering shortly before the
opening of the filing period for the general
election, there is no statutory “first day,” and an
order can be made when convenient. However,
to avoid confusion, wait until after the prior
election and runoff. Sometimes the phrase
“calling” election is used. The deadline may be
different for a special election. See endnote 2 for
mock student elections. Home-rule cities see
endnote 3. Cities contracting should informally
notify their contracting partners as soon as
possible.
Mayor 6.03 *103rd
through
78th
Mon
Feb 3
LAST DAY for small city in small county to apply
for exception to accessibility requirements (SOS
Form 16-1). Note: Because the deadline falls on
Sun, it moves to Mon.
City Secretary
to
SOS
5.25(c) 90th
(89th)
Tue
Feb 11
midnight
Death and ballot preparation: If a candidate dies
on or before this date, the City Secretary MUST
remove the candidate’s name from ballot. Note:
If a candidate dies after this date but on or
before the filing deadline, see endnote 4.
City Secretary 6.23(c) 81st
[day
before
day
before
filing
deadline
(3rd day)]
Fri
Feb 14
LAST DAY for ordering a general (SOS Form 1-2)
or special election (SOS Form 1-8) for the May
uniform date. Note: See endnote 2 for student
elections. Home-rule cities see endnote 3.
Mayor 6.03 78th
Feb 14
5 p.m.
LAST DAY for filing application for place on
general election ballot (SOS Form 2-49). Note:
City Secretary’s office should stay open until
5 p.m. Mailed applications are filed when
received. For deceased candidates, see
endnote 4. If no candidate has filed in a city with
4-year terms, the filing deadline is extended to
ED – 57 days (except in Nov. of even-numbered
years. Home-rule cities see endnote 3.
City Secretary
2.13
6.23(c)
78th
Page 40
Item 5.
Date Action By or With
Whom Taken
M § ED
Interval
Feb 14 Recommended* first day to provide 4-day
notice of drawing to candidate. Note: Only
written notice by mail is required 4 days before
the drawing, but phone or email notice should
follow the same timeline. Public notice must be
posted (SOS Form 3-1) 72 hours before date of
drawing.
City Secretary 6.22(a)(2) *78th
Mon
Feb 17
President
Day
Recommended* first date for preliminary work
to appoint election judges.
City Secretary 7.01 *75th
Feb 17 Recommended* first day to post public’s 72-
hour notice of drawing for order of names on
ballot (SOS Form 3-1).
City Secretary 6.22(a) *75th
Tue
Feb 18
5 p.m.
LAST DAY for a write-in candidate to declare
candidacy in the general election (SOS Form
2-55). Note: City Secretary’s office should stay
open until 5 p.m. Mailed applications are filed
when received. For deceased candidates, see
endnote 4.
City Secretary 2.18(b) 74th
Wed
Feb 19
Recommended* date to deliver the certification
of unopposed candidates to city council if a
candidate does not have an opponent in an
election considered to be a separate election
(SOS Form 13-1).
City Secretary 6.12 *73rd
Thu
Feb 20
to
Mon
Feb 24
Recommended* period to conduct drawing for
order of names on ballot, prepare ballot format,
and send information to the printer. Note:
Notice of drawing (SOS Form 3-1) must be
posted 72 hours before drawing. Ask candidates
to proof their names and officers.
City Secretary 6.22(b)
6.25
6.26
*72nd
through
*68th
Fri
Feb 21
5 p.m.
LAST DAY for omitting a general election
candidate’s name from the ballot if the
candidate withdraws (SOS Form 2-66) or is
declared ineligible. A withdrawal after this date
is valid if it is submitted before the ballots are
prepared AND if the public notice of the logic
and accuracy test has not been published. Per
EC §145.092(e), EC §1.006 does not apply to
withdrawal deadlines.
City Secretary
6.23(c)
2.31(b)
2.33(d)
71st
Page 41
Item 5.
5
Date Action By or With
Whom Taken
M § ED
Interval
Feb 21 Recommended* first day to cancel a general
election (SOS Form 13-2). Note: Unopposed
races must be cancelled if no opposed at-large
race is on the ballot.
City Council 6.13 71st
Tue
Mar 4
to
Sat
May 3
Period the Texas Ethics Commission will defer an
investigation of candidates until after election
(or runoff).
City Secretary
Texas Ethics
Commission
3.01(b)(2) 60th
through
ED or
runoff
Mar 4 LAST DAY to deliver notice of the election to the
county clerk and voter registrar of each county
where the city is located. Note: This is not the
publication or posting deadline. For counties
with elections administrators, notice goes to
them.
City Council
(City Secretary)
6.54(a) 60th
Mar 4 Recommended* day to contact the county
concerning availability of the initial list of voters
who submitted annual applications for ballot by
mail (ABBM).
City Secretary 9.43 *60th
Fri
Mar 7
5 p.m.
Extended deadline to file for a place on the ballot
in a city office having a 4-year term if no
candidate files by ED – 78 days. Note: This
extension is not applicable in Nov. of even-
numbered years.
City Secretary 2.13(b) 57th
Mon
Mar 10
to
Fri
Mar 21
Recommended* period for appointing election
judges (SOS Forms 4-15, 4-16, 4-17) plus
members of the EVBB (SOS Forms 4-19) and SVC
(SOS Form 10-12, 10-13, 10-14). Note: Home-
rule cities see endnote 3. The SVC cannot meet
until ED – 20 days. The EVBB can meet any time
after ballots are returned and no later than ED –
9 days.
City Council 7.42(a)(2)
7.23-.24
7.33-.34
*54th
through
*43rd
Thu
Mar 13
Recommended* date to print ballots that have
been prepared earlier.
City Secretary 6.25 *51st
Fri
Mar 14
FIRST DAY of mandatory office hours. Note: City
Secretary’s office must be open at least 3 hours
a day during regular office hours on regular
business days. Period ends ED + 40 days. See
endnote 6.
City Secretary 6.80(a) 50th
Mar 14 LAST DAY for a challenge of a candidate
application based on form, content, procedure.
City Secretary 2.16(d) 50th
Page 42
Item 5.
Date Action By or With
Whom Taken
M § ED
Interval
Wed
Mar 19
LAST DAY to mail ballots to FPCA voters and
other voters who are eligible for early voting
because they are voting from outside the U.S.
Note: If it is not possible to mail these ballots by
this deadline, the City Secretary must notify the
SOS within 24 hours. SOS does not apply EC
§1.006 to this deadline. Respond to FPCA
applications received after this date within 7
days (the same as non-FPCA applications).
Rosters must be posted to website by 11 a.m. on
the following day (SOS Forms 5-7 & 6-55).
City Secretary
9.49(b)
9.82
45th
Thu
Apr 3
5 p.m.
LAST DAY for filing first report of campaign
contributions and expenditures by opposed
candidates and specific-purpose committees.
Note: City Secretary’s office should stay open
until 5 p.m. The deadline is extended to
midnight for electronic filing. See endnote 5 for
current threshold dollar amounts.
City Secretary
3.13(b) 30th
Apr 3 LAST DAY for submitting voter registration
application in time to vote at the election or for
requesting transfer of registration in time to
vote in new precinct not in the same county and
territory.
Registrar
4.07(f)
4.07(g)
30th
Apr 3
to
Wed
Apr 23
Period for publishing notice of election (SOS
Form 1-14). Note: Must be published once;
perhaps more for a special election on a
measure. Home-rule cities see endnote 3.
Mayor
6.52(a) 30th
through
10th
Apr 3 FIRST DAY to begin posting continuous notice if
SVC meets on first available date (ED – 20 days).
Note: The city council appoints (SOS Form 10-
13) not later than 5 days after the City Secretary
calls for appointment (SOS Forms 10-12). Post
notice of appointment (SOS Form 10-14), notice
of delivery (SOS Form 10-15), and notice of
meeting (SOS Form 10-16).
City Secretary
City Council
6.70(a)
7.33
7.34
*30th
Apr 3 Recommended* last day to request voter
registrar to prepare lists of registered voters and
furnish statement of residence forms to be used
in conducting the election.
City Secretary 4.34(a) *30th
Apr 3 Recommended* day to begin posting the notice
of voting order priority for voters with mobility
issues on the city’s website (SOS Form 7-38).
City Secretary 10.23(c) *30th
Page 43
Item 5.
7
Date Action By or With
Whom Taken
M § ED
Interval
Sat
Apr 12
(Fri
Apr 11
recom-
mended)
LAST DAY for posting notice of election (SOS
Form 1-14) on the bulletin board used for
posting notices of city council meetings and
website. Note: Notice must include date of
election, location of each polling place, and each
candidate and measure on the ballot Note: For
cities conducting special elections on measures,
additional posting and publication requirements
may apply. Home-rule cities see endnote 3.
City Secretary
6.52(b)
12.15(e)
21st
(22nd)
Sun
Apr 13
(Fri
Apr 11
recom-
mended)
Type B cities: LAST DAY to post notice of
election in 3 public places (SOS Form 1-14).
Note: EC §1.006 does not apply to this LGC
deadline; the better practice is to post before
the weekend.
City Secretary 6.52(b)(3) 20th
(22nd)
Apr 13 FIRST DAY SVC may begin work. Note: EC §1.006
does not apply to the starting date. EC §87.0271
requires SVC to inform voters of certain defects
in the carrier envelope within 2 days of
identification (SOS Forms 10-28 to 10-32).
City Secretary 6.70(a)
6.72
20th
Mon
Apr 14
LAST DAY for unregistered FPCA applicant to
apply and be eligible to vote a full ballot. Note:
Because the deadline falls on Sun, it moves to
Mon for postmarked FPCAs.
City Secretary 9.61(a) 20th
(19th)
Tue
Apr 15
to
Tue
Apr 22
Period when unregistered FPCA applicants
received a federal ballot only. Note: This may
mean no ballot is sent.
City Secretary 9.61
9.68(a) chart 19th
thru
11th
Apr 15 Recommended* last day for publication of
notice of the test of automatic tabulating and
DRE equipment to be used in early voting (SOS
Forms 15-1 to 15-8). Note: Notice for tabulating
equipment must be 48 hours before date of
test. Notice for DRE equipment must be 48
hours before test begins. DREs cannot be used
after Sept 1, 2026 except by disabled voters.
City Secretary 6.63(d)(1)
6.63(d)(2)
6.64(c)
*18th
Fri
Apr 18
LAST DAY to accept an FPCA without a postmark
and mail the voter a full ballot. Note: The voter
only gets a federal ballot if checking “my intent
to return is uncertain” or “my return is
uncertain.”
City Secretary 9.66(b) 15th
Page 44
Item 5.
Date Action By or With
Whom Taken
M § ED
Interval
Apr 18 LAST DAY to notify judges of duty to hold the
election (SOS Form 4-17).
Mayor 7.44(a) 15th
Apr 18 LAST DAY to challenge write-in candidate for
form, content, and procedure.
City Secretary 2.18(f) 15th
Sat
Apr 19
LAST DAY for conducting first test of automatic
tabulating and DRE equipment to be used for
early voting. Note: Notice for tabulating
equipment must be 48 hours before date of
test. Notice for DRE equipment must be 48
hours before test begins. DREs cannot be used
after Sept 1, 2026 except by disabled voters.
City Secretary 6.63(d)
6.64(c)
2 days
before
early
voting in
person
starts
Mon.
Apr 21
San
Jacinto
Day
FIRST DAY a voter who becomes sick, disabled,
or confined due to childbirth on or after this
date may apply for late (emergency) early voting
ballot (SOS Form 5-32. Note: Period ends at
5 p.m. on ED. For uniform election dates, the
calculation is ED – 12 days, but for other
elections, the period starts the day before the
last day to apply for a ballot by mail. EC § 1.006
does not apply to first day.
Voter 9.73 12th
Tue
Apr 22
LAST DAY to accept application for a ballot to be
voted by mail, by 12 noon or close of business,
whichever is later. Note: If the deadline falls on a
Sat, Sun, or legal holiday, then personal delivery
must be the first regular business day preceding
that day. Originals are due 4 days after fax or
email (except emailed FPCA).
City Secretary 9.44(b)(1)
9.45(b-c)
9.68(b) chart
11th
Apr 22 FIRST DAY for early voting by personal
appearance. Note: Because the first day is a
legal holiday, it moves to the next day. EC
§ 85.005(a). If voting will be conducted on Sat
or Sun, notice of same must be posted at least
72 hours before such voting begins (SOS Form 5-
15). The EV period in Nov. is longer. Rosters
(SOS Form 5-6) must be posted by 11 a.m. on
the day after voting. Period ends ED – 4 days.
City Secretary 9.14 12th
(11th)
Apr 22 LAST DAY to accept an FPCA. Note: The
unregistered FPCA voter may only get a federal
ballot, which may mean no ballot.
City Secretary 9.61(c)
9.68(b) chart
11th
Apr 22 LAST DAY for county clerk or election
administrator to deliver final list of voters that
submitted an annual ABBM.
City Secretary 9.43(a)(1) 11th
Page 45
Item 5.
9
Date Action By or With
Whom Taken
M § ED
Interval
Wed
Apr 23
LAST DAY to publish notice of election (SOS
Form 1-14). Note: Home-rule cities see
endnote 3.
Mayor 6.52(a)(1) 10th
Thu
Apr 24
If the EVBB has not yet met, it must do so by this
date. Note: While the date the EVBB meets is
now uniform regardless of county population,
the EVBB may not count ballots until after the
end of early voting by personal appearance
unless there is a joint election in a county with
population of 100,000 or more. 24-hour notice
must be posted for each delivery of voting
materials made before ED (SOS Forms 10-3 &
10-4). The board must provide notice of
opportunity to cure certain defects in the carrier
envelope within 2 days of identifying the
deficiency (SOS Form 10-32).
Early Voting
Ballot Board
9.57(a)(2)
[2024]
9.57(f)(2)
10.03
9th
Fri
Apr 25
5 p.m. or
midnight
LAST DAY for filing second report of campaign
contributions and expenditures by 5 p.m. or
midnight if filing electronically. Note: Deadline
extended to midnight for electronic filing. See
endnote 5 for current monetary thresholds.
Reports must be posted to the city’s website no
later than 10 business days after receipt.
City Secretary 3.13(c) 8th
Mon
Apr 28
FIRST DAY for death in family to qualify for late
(emergency) early voting (SOS Forms 5-28 & 5-
29). Note: While the death occurs on or after
the day before the last day of early voting by
personal appearance, the application cannot be
submitted until the day after early voting by
personal appearance ends. Voting by this
method ends close of business the day before
ED.
City Secretary 9.73(a) 5th
Tue
Apr 29
LAST DAY of “regular” early voting by personal
appearance (versus special forms of early
voting).
City Secretary 9.11(b) 4th
Page 46
Item 5.
Date Action By or With
Whom Taken
M § ED
Interval
Apr 29
to
Sat
May 3
7 p.m.
Once early voting by personal appearance is
over until 7 p.m. on ED, early voting materials
may be delivered to the EVBB for qualifying
purposes when paper ballots are used or
automatically tabulated ballots are used at a
central counting station. Note: Ballots may not
be counted until ED, except if election is held
jointly with a county of 100,000 or more. Post
notice of delivery continuously 24 hours before
each delivery (SOS Forms 10-3 & 10-4). Ensure
that the counting equipment has been tested at
least 48 hours before tabulation begins.
City Secretary 9.57(a)(1)
9.57(a)(3)
4th
through
close of
polls
Wed
April 30
LAST DAY for first test of automatic tabulating or
DRE equipment to be used at a polling place.
Note: To ensure 48 hours before 7 a.m. of ED,
test must be by 3rd day. Notice must be
published at least 48 hours before date of test.
City Secretary
6.63(d)(2)
6.64(b-c)
3rd
April 30 FIRST DAY the EVBB may begin counting ballots
in an election held jointly with a county having a
population of 100,000 or more. Note: Ensure that
the counting equipment has been tested at least
48 hours before tabulation begins.
Early Voting
Ballot Board
9.57(a)(2)
[2024]
9.57(f)(1)
3rd
April 30
to
Fri
May 2
Period to apply for late (emergency) early voting
because of death in family (SOS Form 5-28 & 5-
29). Note: Requires absence from county on ED.
Period ends the day before ED.
City Secretary
9.73 3rd
through
1st
April 30
to
Sat
May 3
5 p.m.
Period to apply for late (emergency) early voting
because of illness or disability originating on or
after ED – 12 says (SOS Form 5-32). Note:
Application deadline ends at 5 p.m., but ballot
can be returned until 7 p.m.
City Secretary 9.72(b) 3rd
through
E D
Fri
May 2
LAST DAY to deliver precinct list of registered
voters, with the early voting voters marked, to
presiding judges and recommended date for
delivery of supplies to presiding judges.
City Secretary 9.83(e) 1st
May 2 One-year deadline to post certain information
on the city’s website for the next general
election to be held on May 3, 2025. Note: See
endnote 1.
City Secretary 2.13(d)(2) next May
election -
365 days
May 2 Recommended* date for delivery of equipment
to polling places. Note: Statutory deadline is
6 a.m. on ED.
City Secretary 6.65(b) *1st
Page 47
Item 5.
11
Date Action By or With
Whom Taken
M § ED
Interval
May 2 Recommended* day to post notice of
council meeting to canvass the returns if
canvass will be on 3rd day after election. Note:
Notice must be posted at least 72 hours before
time of meeting. Due to late ballots that can be
counted, a later canvass may be likely.
City Secretary 11.13 *1st
Sat
May 3
7 a.m.
to
7 p.m.
ELECTION DAY.
Note: Early voting clerk’s office must remain open
for early voting activities. Voting by sick or
disabled voters may occur at the main early
voting place where electronic voting systems are
used at precinct polling place (SOS Form 6-57).
City Secretary 10.13(c)(1) ED
May 3 Deliver early voting ballots, etc., to EVBB. Note:
Second key to ballot box is delivered by chief of
police or marshal.
City Secretary
Judge EVBB
(sets time)
10.13(c)(1)
9.57(b)(1)
ED
May 3
5 p.m.
LAST HOUR for late applications for ballots (SOS
Form 5-32) from voters who became ill or
disabled on or after ED – 12 days.
City Secretary 9.72(b) ED
May 3
7 p.m.
LAST HOUR for receiving ballots from voters who
became ill or disabled ill or disabled on or after
ED – 12 days.
City Secretary 9.72(b) ED
May 3
7 p.m.
LAST HOUR to receive mailed ballots with no
postmark, except overseas and armed forces
ballots and certain ballots placed for delivery
before this deadline. Note: Check mailbox at
7 pm regardless of regular delivery schedule.
See deadline ED +1 day.
City Secretary 9.50(a) ED
May 3
after
7 p.m.
Receive precinct records, voted ballots, etc.
Note: Chief of police or marshal receives keys to
ballot boxes containing voted ballots.
City Secretary
Mayor
10.13(c)
10.32(d)
ED
May 3
after
7 p.m.
Prepare unofficial tabulation of results. Note:
Presiding judge must notify City Secretary if
counting will not be complete by 2 a.m.
City Secretary 10.34
10.32(b)
ED
Mon
May 5
5 p.m.
LAST DAY to receive mailed ballots if the carrier
envelope arrives before 5 p.m. and has a
cancellation mark indicating it was placed for
delivery at or before 7 p.m. local time for the
place of election. Note: Because the deadline
falls on Sun, it moves to Mon. This deadline
applies to voters who applied for a ballot by
mail and cast a by-mail ballot from within the
U.S. Check your mailbox at 5 p.m.
City Secretary 9.50(a) +1
(+2)
Page 48
Item 5.
Date Action By or With
Whom Taken
M § ED
Interval
May 5 LAST DAY to deliver provisional ballots to voter
registrar of each county in which city is located.
Note: Because the deadline falls on Sun, it
moves to Mon.
City Secretary 10.30(a)(2) +1
(+2)
Tue
May 6
to
Mon
May 12
Period during which EVBB may meet to count
ballots received from outside the U.S. if the early
voting clerk certifies that all ballots mailed from
outside the U.S. have been received. Note: The
ED interval is +13 in Nov. of even numbered
years.
Early Voting
Ballot Board
11.02 +3
through
+9
May 6
to
Wed
May 14
Recommended* period to complete report of
early votes cast for each candidate or measure,
by election precinct. Note: must occur before
canvass.
City Secretary 11.04(b) *+3
through
*+11
May 6
to
Wed
May 14
Period for official canvass. Note:
● TIMING: canvass may occur only if all FPCA
and provisional ballots have been counted, and
the time to cure any deficiencies in mailed ballot
carrier envelopes has expired.
● PERIOD: 11 days except even Nov. (14 days).
● QUORUM: 2 but see runoff note.
● WINNER: cannot assume office (accept Type A
cities) until canvass & oaths.
● PIA: Images of voted ballots or cast vote
records are publicly available the day after the
canvass. See SOS Advisory 2024-20 for redaction
guidance.
● RECOUNTS: petition is due 2 p.m. 1st day
(expedited) or 5 p.m. 3rd day after canvass.
● RUNOFF (not a tie): order not later than 5
days after the canvass. It is recommended that
the runoff be ordered and notice issued at the
canvass meeting (which would require a normal
quorum).
Mayor
(sets time)
City Secretary
(records results)
City Council
(takes action)
11.12 +3
through
+11
May 6
to
Wed
May 14
After canvass, recommended* period to issue
certificates of election (SOS Form 23-1), official
statement of elected officer (SOS Form 23-3),
and oath of office (SOS Form 23-2). Note: If a
recount is requested documents are not issued
until after the recount.
Mayor
City Secretary
11.20
11.21
*+3
through
*+11
Page 49
Item 5.
13
Date Action By or With
Whom Taken
M § ED
Interval
May 6
to
Tue
May 27
Period for partial manual count of electronically
counted ballots to begin not later than 72 hours
after polls close and be completed by ED +21st
day. Note: Because the deadline falls on Sat and
Mon is Memorial Day, the deadline moves to
Tue.
City Secretary 11.31 +3
through
+21
(+24)
Thu
May 8
LAST DAY to receive a ballot from military or
non-military voters casting from outside the U.S.
who submitted an ABBM, IF cancellation mark
indicates ballot was placed for delivery by 7 p.m.
on ED.
City Secretary 9.50(b)(1)
9.68
11.02
+5
Fri
May 9
LAST DAY to receive an FPCA ballot from a
member of the U.S. Armed Services or Merchant
Marines or a spouse or dependent of a member.
Note: NO cancellation or receipt mark showing
date placed for delivery is required on these
ballots.
City Secretary 9.50(b)(2) +6
May 9 LAST DAY for provisional voter to present ID to
voter registrar or execute required affidavit (SOS
Form 9-5).
Voter Registrar 10.30(d)
9.26(d)(3)
+6
May 9 LAST DAY for voter registrar to complete the
review of provisional ballots. Note: The period is
one day longer for elections in Nov. of even-
numbered years
Voter Registrar 10.30(d) +6
May 9 LAST DAY for a vote-by-mail voter to cure certain
deficiencies in the carrier envelope.
Voter 6.72 +6
May 9 Type A cites: FIRST DAY elected officials may
qualify and assume duties of office. Note: LGC
§22.006 states 5th day after election not
counting Sun. The resulting day is the 6th day
after. Officials may not take office until the
canvass is complete unless the election was
cancelled. EC §86.007(d-1) does not apply.
Candidate with
City Secretary
11.23(a) +6
Sat
May 10
FIRST DAY a mailed ballot can be rejected if (1)
the carrier envelope was not properly executed
or is missing a statement of residence, and (2)
the signatures do not match; provided the voter
has been notified. Note: EC §1.006 does not
apply to first days.
Early Voting
Ballot Board
6.72
11.03(a)
+7
Page 50
Item 5.
Date Action By or With
Whom Taken
M § ED
Interval
Mon
May 12
LAST DAY for the EVBB to convene for counting
the provisional ballots or any mail ballots timely
and properly received after ED. Note: This
deadline is the 13th day for elections in Nov. of
even-numbered years.
Early Voting
Ballot Board
11.01(b) +9
Tue
May 13
LAST DAY for presiding judge of EVBB to mail
notices of rejected mail ballots to voters (SOS
Form 6-2).
Judge of EVBB 11.03(a) +10
Wed
May 14
LAST DAY for conducting the official canvass of
the election.
City Council 11.12 +11
Thu
May 8
LAST DAY to register to vote for the runoff of
the May 4 election.
Voter
Voter Registrar
4.07(f)
4.07(g)
June 7
runoff –
30 days
May 8
to
Wed
May 28
Period to publish notice of the runoff election.
Note: The runoff must be ordered first. See note
for the canvass period.
City Secretary 6.52(a) June 7
runoff –
30 days
to – 10
days
Fri
May 16
to
Sat
May 24
(May 23
recom-
mended)
Period during which notice of outcome of
provisional ballots must be mailed to voters
(SOS Form 9-9). Note: EC §1.006 arguably does
not apply to a timeframe set by rule, 1 TAC
81.176(e). Mon, May 26, is Memorial Day.
Accordingly, Fri, May 23 is recommended.
Judge of EVBB
or
City Secretary
11.01(f) Varies,
by 10th
day after
canvass
Mon
May 19
LAST DAY to make election records available in
an electronic format for a fee of not more than
$50.00. Note: Because the deadline is Sun, it
moves to Mon.
City Secretary 11.70(c) +15
(+16)
Tue
May 27
LAST DAY for mailing results of manual count to
SOS. Note: The deadline is Sat and Mon, May 26
is Memorial Day. See endnote 6.
City Secretary 11.31(c) +21
(+24)
May 27 FIRST DAY of early voting in person for the
runoff.
Voter 9.11 June 7
runoff -
11 days
Mon
Jun 2
Type A cities: LAST DAY elected officials may
qualify and assume duties of office; if they fail to
qualify by this day, the office is considered
vacant.
Candidate with
City Secretary
11.23(a) +30
Page 51
Item 5.
15
Date Action By or With
Whom Taken
M § ED
Interval
Tue
Jun 3
LAST DAY of early voting in the runoff. Voter 9.44
9.11
June 7
runoff –
4 days
Thu
Jun 12
LAST DAY of mandatory office hours. City Secretary 6.80(a) +40
Sat
Jun 7
RUNOFF ELECTION DAY. Voter 12.01(d) set by
SOS
Thu
July 3
FIRST DAY for transfer of voted ballots from the
locked ballot box to another secure container
and make original voted ballots available
City Secretary 11.70(e) +61
Tue
July 15
LAST DAY for timely filing of semiannual report
of contributions and expenditures.
City Secretary 3.12(b)
3.16(a)
July 15
Wed
Mar 4
2026
Last day of preservation period for ballots and
other precinct election records of city election,
except for candidate applications.
City Secretary 11.71(c) day after
+22
months
Tue
May 4
2027
Last day of preservation period for candidate
applications and certain petitions.
City Secretary 11.71(d) day after
+2
years
Endnotes
1. Any city imposing an ad valorem property tax must have a website. [Tax §26.18] The following
information must be posted on a city’s website [M §2.13(d)], if the city maintains a website [M
§1.53]: (1) the city’s contact information, including a mailing address, telephone number, and
e-mail address; (2) each elected officer of the city; (3) the date and location of the next election
for officers of the city; (4) the requirements and deadline for filing for candidacy of each
elected office of the city for the next election (posted one year prior to the date of that
election); (5) notice of city council meetings; and (6) minutes of city council meetings. A city
with population of less than 5,000 located in a county with population of less than 25,000
does not have to post (5) and (6). [GC §2051.201].
2. The city’s governing body may choose to conduct a mock student election under EC §276.007.
The major steps taken for a general election should be taken for a student election. The
student election may be held on the first day before the election, but results must not be
published until after the polls close on election day.
3. Follow home-rule city’s charter provision, if any. However, a home-rule city cannot alter the
candidate filing deadline. [EC 143.005(a)].
Page 52
Item 5.
4. If a candidate on the ballot dies on or before the filing deadline, the City Secretary MAY
choose to remove the candidate from the ballot, in which case, the filing deadline is extended
5 days. If that extended filing deadline for filing falls on a weekend or holiday, it moves to the
next business day. Withdrawal deadlines after the extended filing deadlines will be impacted.
5. See Texas Ethics Commission rules [1 TAC §18.31] for the full list of reporting triggers and
dollar amounts. Typically, these amounts are updated in January, but TEC is launching a two-
year program to completely revise the rules. The following is a summary of the most common
amounts [M Ch. 3]:
Election
Code §
Threshold Description Original
Amount
2024
Amount
2025
Amount
253.031(b) PAC: amount of contributions or
expenditures permitted before
appointment of treasurer is required.
$500 $1,050 To be
determined
possibly by
January 15
254.036 Electronic Filing Exemption: amount at or
below which a filer may qualify.
$20,000 $32,810 “
254.095 Local officeholders, contributions:
amount over which reporting is required.
$500 $1,080 “
254.181
254.182
254.183
Candidate or specific-purpose PAC,
modified reporting: contribution or
expenditure amount at or below which
filers may avoid pre-election reports.
$500 $1,080 “
6. See M §1.52 and §6.80 regarding the types of holidays and the impact on deadlines and office
hours. Please note, while the SOS does not recognize certain holidays (such as Good Friday),
your city attorney may recognize that such a day is not a regular business day and allow the
city secretary’s office to close. The following are Election Code holidays unless noted
otherwise in italics:
Holidays in 2025 Date Day
New Year’s Day January 1 Wed
Confederate Heroes Day January 19 Sun
Martin Luther King Jr. Day. (3rd Monday in January) January 20 Mon
Presidents’ Day/Washington’s Birthday (3rd Monday in February) February 17 Mon
Texas Independence Day March 2 Sun
Cesar Chavez Day March 31 Mon
Good Friday April 18 Fri
San Jacinto Day April 21 Mon
Memorial Day (last Monday in May) May 26 Mon
Emancipation Day/Juneteenth June 19 Thu
Independence Day July 4 Fri
Lyndon Bains Johnson Day August 27 Wed
Page 53
Item 5.
17
Labor Day (1st Monday in September) September 1 Mon
National Voter Registration Day September 16 Tue
Yom Kippur October 1 Wed
Columbus Day/Indigenous Peoples Day (2d Monday in October) October 13 Mon
Veteran’s Day November 11 Tue
Thanksgiving Day (4th Thursday in November) November 27 Thu
Friday after Thanksgiving November 28 Fri
Day before Christmas (not an Election Code holiday) December 24 Wed
Christmas Day December 25 Thu
Day after Christmas (not an Election Code holiday) December 26 Fri
Page 54
Item 5.
Page 1 of 1
To: Mayor and Town Council
From: Doug Kowalski, Police Chief
Through: Mario Canizares, Town Manager
Re: 2024 Racial Profiling Report
Town Council Meeting – February 11, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Receive the 2024 Annual Racial Profiling Report for the Prosper Police Department as required
by state law.
Description of Agenda Item:
The Racial Profiling Report is a required annual report that must be submitted to the State of Texas
through the Texas Commission on Law Enforcement (TCOLE) and the Police Department’s
governing body as required by Texas State law – Texas Code of Criminal Procedures Section
2.132.
Budget Impact:
There is no budgetary impact affiliated with this item.
Attached Documents:
1. 2024 TCOLE Racial Profiling Report
2. 2024 Racial Profiling Presentation
Town Staff Recommendation:
Staff recommend that the Town Council receive the 2024 Annual Racial Profiling Report for the
Prosper Police Department as required by state law.
Proposed Motion:
I move to receive and accept the 2024 Annual Racial Profiling Report as required by state law.
POLICE DEPARTMENT
Page 55
Item 6.
Racial Profiling Report | Full
_______________________________________________________________________________________________________________________________
Agency Name: PROSPER POLICE DEPARTMENT
Reporting Date: 01/16/2025
TCOLE Agency Number: 085220
Chief Administrator: DOUGLAS A. KOWALSKI
Agency Contact Information:
Phone: (972) 569-1040
Email: doug_kowalski@prospertx.gov
Mailing Address:
801 SAFETY WAY
PROSPER, TX 75078-9948
This Agency filed a full report
PROSPER POLICE DEPARTMENT has adopted a detailed written policy on racial profiling. Our policy:
1) clearly defines acts constituting racial profiling;
2) strictly prohibits peace officers employed by the PROSPER POLICE DEPARTMENT from engaging in
racial profiling;
3) implements a process by which an individual may file a complaint with the PROSPER POLICE
DEPARTMENT if the individual believes that a peace officer employed by the PROSPER POLICE
DEPARTMENT has engaged in racial profiling with respect to the individual;
4) provides public education relating to the agency's complaint process;
5) requires appropriate corrective action to be taken against a peace officer employed by the PROSPER POLICE
DEPARTMENT who, after an investigation, is shown to have engaged in racial profiling in violation of the
PROSPER POLICE DEPARTMENT policy;
6) requires collection of information relating to motor vehicle stops in which a warning or citation is issued and
to arrests made as a result of those stops, including information relating to:
a. the race or ethnicity of the individual detained;
b. whether a search was conducted and, if so, whether the individual detained consented to the search;
c. whether the peace officer knew the race or ethnicity of the individual detained before detaining that
individual;
d. whether the peace officer used physical force that resulted in bodily injury during the stop;
e. the location of the stop;
f. the reason for the stop.
7) requires the chief administrator of the agency, regardless of whether the administrator is elected, employed,
or appointed, to submit an annual report of the information collected under Subdivision (6) to:
a. the Commission on Law Enforcement; and
b. the governing body of each county or municipality served by the agency, if the agency is an agency of a
county, municipality, or other political subdivision of the state.
The PROSPER POLICE DEPARTMENT has satisfied the statutory data audit requirements as prescribed in Article
1 of 9
Page 56
Item 6.
2.133(c), Code of Criminal Procedure during the reporting period.
Executed by: DEVIN REAVES
CASE MANAGER
Date: 01/16/2025
2 of 9
Page 57
Item 6.
Motor Vehicle Racial Profiling Information
Total stops: 12983
_______________________________________________________________________________________________________________________________
Street address or approximate location of the stop
City street 8402
US highway 3266
County road 9
State highway 898
Private property or other 408
Was race or ethnicity known prior to stop?
Yes 346
No 12637
Race / Ethnicity
Alaska Native / American Indian 55
Asian / Pacific Islander 1757
Black 2929
White 5519
Hispanic / Latino 2723
Gender
Female 4402
Alaska Native / American Indian 14
Asian / Pacific Islander 538
Black 1144
White 2129
Hispanic / Latino 577
Male 8581
Alaska Native / American Indian 41
Asian / Pacific Islander 1219
Black 1785
White 3390
Hispanic / Latino 2146
Reason for stop?
Violation of law 692
Alaska Native / American Indian 3
Asian / Pacific Islander 68
Black 169
White 235
3 of 9
Page 58
Item 6.
Hispanic / Latino 217
Preexisting knowledge 245
Alaska Native / American Indian 0
Asian / Pacific Islander 7
Black 65
White 70
Hispanic / Latino 103
Moving traffic violation 7949
Alaska Native / American Indian 27
Asian / Pacific Islander 1317
Black 1478
White 3680
Hispanic / Latino 1447
Vehicle traffic violation 4097
Alaska Native / American Indian 25
Asian / Pacific Islander 365
Black 1217
White 1534
Hispanic / Latino 956
Was a search conducted?
Yes 503
Alaska Native / American Indian 1
Asian / Pacific Islander 6
Black 255
White 133
Hispanic / Latino 108
No 12480
Alaska Native / American Indian 54
Asian / Pacific Islander 1751
Black 2674
White 5386
Hispanic / Latino 2615
Reason for Search?
Consent 138
Alaska Native / American Indian 0
Asian / Pacific Islander 2
Black 43
White 44
4 of 9
Page 59
Item 6.
Hispanic / Latino 49
Contraband 42
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 20
White 19
Hispanic / Latino 3
Probable 284
Alaska Native / American Indian 0
Asian / Pacific Islander 2
Black 180
White 55
Hispanic / Latino 47
Inventory 19
Alaska Native / American Indian 1
Asian / Pacific Islander 2
Black 5
White 7
Hispanic / Latino 4
Incident to arrest 20
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 7
White 8
Hispanic / Latino 5
Was Contraband discovered?
Yes 249 Did the finding result in arrest?
(total should equal previous column)
Alaska Native / American Indian 0 Yes 0 No 0
Asian / Pacific Islander 2 Yes 2 No 0
Black 134 Yes 32 No 102
White 66 Yes 17 No 49
Hispanic / Latino 47 Yes 16 No 31
No 254
Alaska Native / American Indian 1
Asian / Pacific Islander 4
Black 121
White 67
Hispanic / Latino 61
5 of 9
Page 60
Item 6.
Description of contraband
Drugs 188
Alaska Native / American Indian 0
Asian / Pacific Islander 1
Black 107
White 47
Hispanic / Latino 33
Weapons 6
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 4
White 2
Hispanic / Latino 0
Currency 0
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 0
Hispanic / Latino 0
Alcohol 24
Alaska Native / American Indian 0
Asian / Pacific Islander 1
Black 10
White 7
Hispanic / Latino 6
Stolen property 3
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 0
Hispanic / Latino 3
Other 28
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 13
White 10
Hispanic / Latino 5
Result of the stop
Verbal warning 5499
6 of 9
Page 61
Item 6.
Alaska Native / American Indian 23
Asian / Pacific Islander 684
Black 1390
White 2272
Hispanic / Latino 1130
Written warning 4097
Alaska Native / American Indian 18
Asian / Pacific Islander 497
Black 934
White 1905
Hispanic / Latino 743
Citation 3205
Alaska Native / American Indian 13
Asian / Pacific Islander 565
Black 535
White 1291
Hispanic / Latino 801
Written warning and arrest 9
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 4
White 2
Hispanic / Latino 3
Citation and arrest 14
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 6
White 3
Hispanic / Latino 5
Arrest 159
Alaska Native / American Indian 1
Asian / Pacific Islander 11
Black 60
White 46
Hispanic / Latino 41
Arrest based on
Violation of Penal Code 121
Alaska Native / American Indian 0
Asian / Pacific Islander 9
7 of 9
Page 62
Item 6.
Black 44
White 38
Hispanic / Latino 30
Violation of Traffic Law 21
Alaska Native / American Indian 1
Asian / Pacific Islander 2
Black 8
White 5
Hispanic / Latino 5
Violation of City Ordinance 2
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 0
Hispanic / Latino 2
Outstanding Warrant 38
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 18
White 8
Hispanic / Latino 12
Was physical force resulting in bodily injury used during stop?
Yes 1
Alaska Native / American Indian 0
Asian / Pacific Islander 0
Black 0
White 1
Hispanic / Latino 0
Resulting in Bodily Injury To:
Suspect 1
Officer 0
Both 0
No 12982
Alaska Native / American Indian 55
Asian / Pacific Islander 1757
Black 2929
White 5518
Hispanic / Latino 2723
8 of 9
Page 63
Item 6.
Submitted electronically to the
The Texas Commission on Law Enforcement
Number of complaints of racial profiling
Total 0
Resulted in disciplinary action 0
Did not result in disciplinary action 0
Comparative Analysis
Use TCOLE's auto generated analysis x
Use Department's submitted analysis o
Optional Narrative
N/A
9 of 9
Page 64
Item 6.
Police Department
2024 Racial Profiling Report
Chief Doug Kowalski
Presented February 11, 2025
Page 65
Item 6.
Traffic Encounter Estimate
•The uniformed and traffic divisions of
the Prosper Police Department are
presented with approximately
310,149 traffic stop opportunities or
possible encounters on a daily basis
per the published daily traffic count
by TXDOT (including US 380).
•Flock Traffic Counts include internal
Town Traffic (not including US 380)
310,149 Vehicles per
Day (TXDOT AADT)
231,928 Vehicles per
Day (Flock)
Page 66
Item 6.
https://experience.arcgis.com/experience/6c0166bfc5144afe83926a3a529a8d03#data_s=id%3AdataSource_3 -
19151a8559b-layer-5%3A594813 3
19,772
FM 1385
46,604
US 380
51,941
US 380
35,675
Preston Rd 44,181
US 380
16,298
Custer Rd
14,357
Prosper Trail
14,816
Frontier Pkwy
32,782
Preston Rd
TXDOT Annual Average Daily Traffic 2023 Report AADT= Annual Average Daily Traffic
AADT= VOL x SF x AF
VOL= 24-hr volume count
SF= applicable month/day combination
seasonal factor
AF= applicable axle-correction factor
9,196
First St
3,128
Broadway St
17,413
Coit Rd
3,986
La Cima
Page 67
Item 6.
Flock Traffic Counts by Density (2024)Flock Traffic Count =(1) Monthly Volume of All Vehicles/30
Page 68
Item 6.
12983
9396
2023 vs 2024 Total Traffic Stops
2024 2023
5
5499
4097
3205
9
14
159
Results of 2024 Traffic Stops
Verbal Warning - 5499
Written Warning - 4097
Citation - 3205
Written Warning and Arrest - 9
Citation and Arrest - 14
Arrest - 159Difference: +3587 in 2024
Page 69
Item 6.
Traffic Stops by Location
12983
408
9
898
3266
8402
0 2000 4000 6000 8000 10000 12000 14000
Total Stops
Private Property
County Road
State Highway
US Highway
City Street
Count of Traffic Stops by Location
Page 70
Item 6.
Community Demographics
Source: Prosper EDC,
https://prosperedc.com/site-
selection/demographics/#race Page 71
Item 6.
8
33.90%
66.10%
% of Stops by Gender
Female - 4402 Male - 8581
55
1757
2929
5519
2723
0 1000 2000 3000 4000 5000 6000
Alaska/ Native…
Asian/ Pacific Islander-…
Black-2929
White-5519
Hispanic/Latino-1781
Total Traffic Stops by Race
Total Traffic Stops by Race
Page 72
Item 6.
Basic Reasons for Traffic Stops
245
7949
4097
692
12983
0 2000 4000 6000 8000 10000 12000 14000
Pre-Existing Knowledge-
245
Moving Traffic
Violation-7949
Vehicle Traffic
Violation-4097
Violation of the Law-
692
Total Traffic Stops
Reasons for the Traffic Stop
# of Stops
503
12480
Search Conducted During Traffic Stop
Yes-503 No-12480
Total: 12983
Page 73
Item 6.
Searches Conducted Traffic Stops
503
20
19
284
42
138
0 100 200 300 400 500 600
Total Searches-503
Incident to Arrest-20
Inventory-19
Probable Cause-284
Contraband-Plain…
Consent-138
Reason for Searches
# of Searches Conducted
1 6
255
133
108
Demographics of 503 Searches
Conducted
Alaska/Native American/Indian-1 Asian/Pacific Islander-6
Black-255 White-133
Hispanic/Latino-108
Page 74
Item 6.
Use of Force During Traffic Stop &
Racial Profiling Complaints
12982
1
Bodily Injury Occurred as the
Result of an Officer’s Response to
Resistance
NO-12982
Total: 12983
Total Number of Racial
Profiling Complaints Received
during 2024: 0
Page 75
Item 6.
Additional Information from Traffic Stops
254141216761
249021346647
0 50 100 150 200 250 300
NO-254
Asian/Pacific Islander-4
White-67
Alaska…
Black-134
Hispanic/Latino-47
Contraband Found by Demographic
During 326 Searches
Count of Searches Contraband Discovered
12121
2
38
Basis for 159 Arrests Performed
as a Result of a Traffic Stop
Violation of Penal Code-76.11%
Violation of Traffic Law-13.9%
Violation of City Ordinance-1.26%
Outstanding Warrant-26.42%
Page 76
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Doug Kowalski, Chief of Police
Through: Mario Canizares, Town Manager
Doug Kowalski, Chief of Police
Collin Ashby, Budget Officer & Grants Administrator
Re: FY 2025 State of Texas DHS SHSP Council of Governments Grant Application
for Thermal Imaging.
Town Council Meeting – February 11, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon a resolution authorizing the Town Manager and/or his/her designee to
apply for the State of Texas State Homeland Security Program – LETPA Projects (SHSP-L),
Federal Fiscal Year 2025.
Description of Agenda Item:
The State of Texas through the North Texas Council of Governments (COG) has approved several
North Texas Special Response Teams (SRT) to apply for the DHS SHSP grant. The equipment
approved for the grant are Thermal imaging cameras to enhance low-light or dark areas during
police activities. The Prosper Police Department anticipates receiving $30,000.00 as a result of
this grant. The estimated cost of the equipment is $31,750 and there is a possibility that the Police
Department may have to cover the $1,750 depending on the grant application once submitted.
The State of Texas expects to expend funds for the grant in March – May 2025. However, this
may be delayed until September 2025.
This is a regional endeavor sponsored by the North Texas Council of Governments Grant
Application.
Budget Impact:
The total funds requested will be approximately $31,750 and will be funded from the Police
Department's Capital Account, 12020010-61400 and $30,000 of this amount will be grant funded
from the State of Texas/DHS SHSP grant award.
If awarded, a future budget amendment will be requested to account for the grant income and to
allocate funding for this project.
POLICE DEPARTMENT
Page 77
Item 7.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. SHSP L Projects
2. Quotes
3. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council approve a resolution authorizing the Town Manager
and/or his/her designee to apply for the FY 2025 State of Texas DHS SHSP Council of
Goverments Grant Application and approve the authorization to accept the FY 2025 State of Texas
DHS SHSP Council of Goverments Grant.
Proposed Motion:
I move to approve a resolution authorizing the Town Manager and/or his/her designee to apply for
the FY 2025 State of Texas DHS SHSP Council of Governments Grant Application and approve
the authorization to accept the FY 2025 State of Texas DHS SHSP Council of Governments Grant
if awarded.
Page 78
Item 7.
Page 79Item 7.
Page 80Item 7.
Page 81Item 7.
Page 82Item 7.
Page 83Item 7.
Page 84Item 7.
Page 85Item 7.
Page 86Item 7.
Page 87Item 7.
Page 88Item 7.
Page 89Item 7.
E S T I M AT E
Do wn Ran ge Thermal
10401 East TX-71 Bui ld ing 2 Sui te 6
Spi cewo od, TX 78669
info@downrangethermal.co m
+1 (512) 699-9510
www.downrangeth ermal.com
B il l to
Barrett M orris
prosper P D
Shi p to
Barrett Morris
prosper PD
Es timate det ails
Es timate no.: 1013
Es timate dat e: 01/14/2025
Expirat ion dat e: 03/28/2025
#Product or service Description Qty Rate Amount
1.Services TAD Therma l Augmenta tion Device
please specify mount type
5 $6,350.00 $31,750.00
Total $3 1,750.00
Expiry
date 03/28 /2025
Accepted da te Accepted by
Page 90
Item 7.
Resolution No. 2025-XX, Page 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2025-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AUTHORIZING THE TOWN TO SUBMIT A GRANT APPLICATION TO
THE OFFICE OF THE GOVERNOR (OOG) FOR THE 2025 – TOWN OF
PROSPER THERMAL DEVICE SHSP-L GRANT PROGRAM, GRANT NUMBER
5425001; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper finds it in the best interest of the citizens of the Town of
Prosper that the 2025 Office of the Governor, State Homeland Security Program – Law
Enforcement Terrorism Prevention Activities – Town of Prosper Thermal Grant SHSP-L Program,
be operated for the 2025 calendar year; and
WHEREAS, the Town agrees to provide applicable reimbursed funds for the said project
as required by the Office of the Governor SHSP-L grant application; and
WHEREAS, the Town agrees that in the event of loss or misuse of the funds, Office of the
Governor, the Town assures that the funds will be returned to the Office of the Governor in full;
and
WHEREAS, the Town designates the Grants Administrator, Colin Ashby, as the grantee’s
authorized official and said authorized official is given the power to apply for, accept, reject, alter,
or terminate the grant on behalf of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town Council of the Town of Prosper does hereby approve the submission of the
grant application for the 2025 SHSP-L – Town of Prosper Thermal Grant Program to the Office of
the Governor.
SECTION 3
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS __ DAY OF _________________, 2025.
___________________________________
David F. Bristol, Mayor
Page 91
Item 7.
Resolution No. 2025-XX, Page 2
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 92
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Carrie Jones, Director of Public Works
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Authorize purchase of MTUs/DCUs
Town Council Meeting – February 11, 2025
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon authorizing the Town Manager to approve the purchase of meter
transmission units (MTUs), data collector units (DCUs), and related meter parts for use with water
meters from Aclara Technologies, LLC, in the amount of $175,000.
Description of Agenda Item:
The Town utilizes Aclara Technologies meter transmission units and data collector units on water
meters to transmit real-time information regarding the water use of individual customers. As
meters are installed these units are included and existing stock is beginning to run low. These
items are considered routine in nature and occur every year. This purchase is for routine
maintenance and new meter sets. The MTUs, DCUs and related meter purchases are separate
from the new Annual Meter Replacement Program.
These units are sole source items since the Town has selected this specific technology for transfer
of data to the Town’s billing system. If approved, this will ensure the availability of these items
throughout the remainder of the fiscal year.
Budget Impact:
The total cost of these items for the remainder of the fiscal year is $175,000 and is provided for in
the existing utility budget. The cost will be charged to 70050520-52400, Meter Purchases.
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. Sole Source Letter
PUBLIC WORKS
Page 93
Item 8.
Page 2 of 2
Town Staff Recommendation:
Town Staff recommends the Town Council authorize the purchase of meter transmission units
(MTUs), data collector units (DCUs), and related meter parts for use with the water meters from
Aclara Technologies, LLC in the amount of $175,000.
Proposed Motion:
I move to authorize the purchase of meter transmission units (MTUs), data collector units (DCUs),
and related meter parts for the use with water meters from Aclara Technologies, LLC, in the
amount of $175,000.
Page 94
Item 8.
Page 95
Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Pete Anaya, P.E., Assistant Director of Engineering Services – Capital Projects
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Hulon T. Webb, Jr., P.E., Director of Engineering Services
Re: Professional Engineering Services Agreement:
Prosper Trail (Legacy – DNT) – 2 WB Lanes
Town Council Meeting – February 11, 2025
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 Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas,
related to the design of the Prosper Trail (Legacy – DNT) – 2 W B Lanes project for $981,000.
Description of Agenda Item:
The services associated with this agreement are for the design of the Prosper Trail (Legacy –
DNT) – 2 WB Lanes project. The design includes approximately 6,000 linear feet of the two
westbound lanes and associated auxiliary lanes for Prosper Trail from Legacy Drive to Dallas
Parkway southbound frontage road. The design improvements generally include paving, sidewalk,
drainage, water line extensions, illumination conduit, median landscaping and irrigation, survey,
and geotechnical services. The project also generally includes franchise utility coordination, level
‘A’ and ‘B’ SUE, right-of-way and easement documents, traffic signal warrant study, bid phase
services, construction phase services, and record drawings.
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. Kimley-Horn and
Associates, Inc. is included on the approved list and has successfully completed the design of
multiple roadway improvement projects for the Town.
Budget Impact:
The cost for the design is $981,000. A total of $1,200,000 is budgeted in Account No. ST202506-
DESGN-PROFS.
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 96
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 Kimley-Horn and Associates, Inc., and the
Town of Prosper, Texas, related to the design of the Prosper Trail (Legacy – DNT) – 2 WB Lanes
project for $981,000.
Proposed Motion:
I move to authorize the Town Manager to execute a Professional Engineering Services Agreement
between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas, related to the design
of the Prosper Trail (Legacy – DNT) – 2 WB Lanes project for $981,000.
Page 97
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 24
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE PROSPER TRAIL (LEGACY DRIVE – DALLAS PARKWAY) PROJECT
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 Kimley-Horn and Associates, Inc., a company authorized to do business in Texas,
acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional
engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.”
W I T N E S S E T H:
WHEREAS, Town desires to obtain professional engineering services in connection with the Prosper Trail
(Legacy Drive – Dallas Parkway) Project,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 Nine Hundred Eight One Thousand and 00/100 Dollars
($981,000.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated
herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion.
Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for
expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed
as completed.
Consultant agrees to submit statements to Town for professional services no more than once per month.
These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred,
if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall
be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant
Page 98
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 24
within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written
notice to Town, suspend professional services until paid.
Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as
reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement.
The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of
the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of
additional work) the payment of additional amounts.
5.Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s
representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town
requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist
Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make
prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from
Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all
information and services provided by Town or Town’s representatives.
6.Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of
payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or
assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for
any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk.
Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for
the work it performs for Town.
7.Town Objection to Personnel. If at any time after entering into this Agreement, Town has any
reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by
Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s
compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such
substitution.
8.Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout
the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements
and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to
commencing any work for Town.
9.Indemnification.CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE,
INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES
OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF
LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT
ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT,
ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM
CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT.
IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES
AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND
RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE
OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS.
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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:
Kimley-Horn and Associates, Inc.
L. Nathan Ante, P.E., Sr. Vice Pres.
2201 W. Royal Lane, Suite 275
Irving, TX 75063
Nathan.Ante@kimley-horn.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.
18.Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce
or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled
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PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 24
to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal).
19. “Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a
Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless
the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott
Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship;
(2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One
Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated
herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement
that the company does not boycott Israel and will not boycott Israel during the term of this Agreement.
20.Signatories. Town warrants and represents that the individual executing this Agreement on behalf
of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents
that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind
Consultant to same.
IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in
duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of
_______________________, 20____.
KIMLEY-HORN AND ASSOCIATES, INC.
By:
Signature
Ryan Dufour, P.E.
Printed Name
Project Manager
Title
January 27, 2025
Date
TOWN OF PROSPER, TEXAS
By:
Signature
Mario Canizares
Printed Name
Town Manager
Title
Date
By:
Signature
L. Nathan Ante, P.E.
Printed Name
Senior Vice President
Title
January 27, 2025
Date
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EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE TOWN OF PROSPER, TEXAS, AND KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE PROSPER TRAIL (LEGACY DRIVE – DALLAS PARKWAY) PROJECT
I. PROJECT DESCRIPTION
This project includes the design of approximately 6,000 linear feet of the two westbound lanes and associated
auxiliary lanes for Prosper Trail from Legacy Drive to Dallas Parkway (SB). The design improvements generally
include paving, sidewalk, drainage, water line extensions, illumination conduit, median landscaping and irrigation,
survey, and geotechnical services.
The project also generally includes, franchise utility coordination, level ‘A’ and ‘B’ SUE, right-of-way and easement
documents, signal warrant study, bid phase services, construction phase services, and record drawings.
II. TASK SUMMARY
Task 1 – Survey
1.1.Data Collection and Property Research
1.1.1 Gather existing plat information
1.1.2 Collect property owner and record information
1.1.3 Gather existing right-of-way and easement information. Identify easements available
through typical research methodologies (i.e., plats, courthouse filings, etc.).
Undocumented easements may not be identified. Title research may be performed as an
additional service and fee only upon written Town authorization.
1.1.4 Coordinate with Town and Texas 811 to locate and mark existing franchise and public
utilities prior to performing the field survey. Existing franchise and public utility map to be
provided as a part of Task 3.
1.2.Design Survey (Subconsultant)
1.2.1 The survey limits include the following:
·Prosper Trail alignment from 500 feet west of Legacy Drive to Dallas Parkway, 130 feet
wide.
·Armstrong Lane alignment from center line of Prosper Trail to 200 feet north of same
intersection, 130 wide.
·Shawnee Trail alignment from center line of Prosper Trail to 200 feet north of same
intersection, 130 wide.
1.2.2 Additional re-survey limits include the following. To be completed after current construction
improvements completed in the area at the discretion of the Town:
·Prosper Trail alignment from 500 feet west of Legacy Drive to 1,000 feet east of
Legacy Drive, 130 feet wide.
·Legacy Drive alignment 200 feet each side of Legacy Drive centerline, 130 wide.
1.2.3 Establish a vertical control 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.
1.2.4 Establish horizontal control points, which will be based on NAD-83. Locate pertinent objects
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and above ground features within the survey limits, typically including:
·Roadway pavement and driveways (including pavement type)
·Drainage structures (i.e., culverts, ditches, inlets, manholes, and outfalls)
·Utilities (signs or markers showing the presence of underground utilities, valves,
manholes, flowlines, meters, backflow preventers, vents, poles, and guy wires)
·Large (6-inch diameter and up), significant trees (identify species and caliper), and
smaller trees and other plantings located within maintained landscapes
·Fences (including material type) and gates
·Sidewalks
·Signs (roadway and private)
·Right-of-Way monumentation
·Creek Bank Elevations
·Creek Flowline
1.2.5 Process survey data to create plan view base map of existing features. Prepare a final
topographic drawing in digital format (including contours and breaklines) showing the
features located in the field as well as boundary and property information, an ASCII
coordinate file of the points located in the field.
1.2.6 Project site visit to verify survey data
Task 2 – Geotechnical Services (Subconsultant)
2.1.Subsurface Exploration
2.1.1 Along the roadway alignment from Legacy Drive to Dallas Parkway, drill and extrude eight
(8) sample borings to depths of 20 feet below existing grade using truck mounted
equipment. Additional depths or borings, if necessary, will be provide as Additional
Services only upon written Town authorization.
·Check samples for consistency with a hand penetrometer
·Stake the boring locations using normal taping procedures (location and elevation
to be surveyed)
·Backfill bore holes and plug at the surface
·Provide continuous sampling (with field strength testing)
·Rock if encountered, will be evaluated for hardness by TxDOT cone penetrating field
testing
2.2.Laboratory Services
2.2.1 Testing
·Moisture contents to determine profile of moisture variations
·Atterberg limits and sieve analysis for classification of soils
·Unconfined compression tests to evaluate soil strengths
·Swell test to determine swell potential and subgrade treatment requirements
·Lime Stabilization Series to determine percent lime and/or cement required for
subgrade stabilization (evaluation and recommendation will be provided for both
widening conditions and new pavement conditions).
·Sulfate test
·Standard proctor
·Resilient modulus
2.3.Engineering Analysis
2.3.1 Prepare an engineering report presenting the following:
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·Sample boring location map
·General soil and ground-water conditions
·Examine samples for visible evidence of sulfates and discuss in the reports
·Recommendations for appropriate subgrade treatment, stabilization type, and
concentration
·Recommend pavement section
·Earthwork recommendations, including compaction criteria for any given fill placed
2.3.2 Submit one (1) copy of the report to the Town
Task 3 – Conceptual Design (30%)
3.1.Project Management and Administration
3.1.1 Up to two (2) meeting with Town staff and stakeholders
3.1.2 Up to one (1) project site visit
3.1.3 Develop QC plan
3.1.4 Develop project production plan
3.1.5 Develop project schedule and interim milestones
3.1.6 Project correspondence and invoicing
3.2.Data Collection
3.2.1 Consultant will rely on the Town to provide Town Design Criteria (paving, drainage,
utilities, streetscape), Standard Details, Ordinances, and Master Plan documents
applicable to the project
3.3.Roadway Design
3.3.1 Establish roadway centerline.
3.3.2 Establish typical sections, anticipated:
·Minor Thoroughfare ‘4LD’ approximately 6,000 linear feet of Prosper Trail
§Two (2) 12-foot travel lanes (full buildout)
§6-foot sidewalk Westbound parkway as-needed
3.3.3 Reconfigure intersections of Prosper Trail and Armstrong Lane, and Prosper Trail and
Shawnee Trail
3.3.4 Configure lane transitions and required merges at connection to Dallas Parkway
3.3.5 Develop additional lanes west of Legacy Drive intersection with merge and median crossover
3.3.6 Establish median openings and auxiliary lanes
3.3.7 Establish sidewalk/trail widths and locations
3.3.8 Establish profile of the roadway
3.3.9 Determine Right-of-Way (ROW) and Easement requirements.
3.4.Drainage Design
3.4.1 Compile hydrological and hydraulic data
3.4.2 Develop project drainage area maps.
·Determine conveyance paths, channel slopes, time of concentration, and runoff
coefficients to calculate design-year flows for proposed conditions
·Subdivide the overall drainage areas into sub-areas and calculate the discharge to
each existing and future inlet. Analyze future inlet capacities and adjust inlet locations
and sub-areas as needed to meet Town design criteria. Analyze existing inlets along
Prosper Trail to determine if the existing facilities are sized to accommodate the
proposed widening. Anticipated internal system for the entire length of project.
3.4.3 Analyze drainage improvements to accommodate the proposed roadway. Evaluate the
need for any offsite drainage improvements and report to the Town (the need for offsite
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improvements is not anticipated). The design of any offsite drainage improvements will be
considered as Additional Services and can be performed for an additional fee.
3.4.4 Conceptual design of storm drain facilities will consist of plan view only
3.5.Water Line
3.5.1 Establish horizontal location for the following proposed water line improvements:
·Extension of existing laterals and crossings
·Additional fire hydrants to meet current Town Standards.
3.6.Franchise Utilities
3.6.1 Establish the location of existing public utilities based upon information provided by the
Town, franchise utility owners, and field survey information
3.6.2 Provide overall existing utility map representing all known existing franchise and public
utility information along project corridor gathered from data collection.
3.6.3 Identify potential conflicts with franchise utilities. Consultant will provide plan sets upon
request for franchise utility coordination purposes.
3.6.4 Additional tasks may be provided as a part of Task 6.
3.7.Opinion of Probable Construction Cost (OPCC)
3.7.1 Compile and prepare a conceptual opinion of probable construction cost (OPCC) for the
project using recent average unit bid prices which are representative of similar types of
construction in the local area
3.8.Conceptual Plan and Profile Exhibit
3.8.1 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 sidewalk
§Proposed driveways
§Proposed transition pavement tie-ins to existing pavement
§Proposed cross culverts and headwalls, if applicable
§Proposed storm drainage system
§Proposed storm drain inlet locations
§Proposed water line improvements
§Proposed limits of construction
§Proposed pavement marking and signs
§Proposed ROW and easement requirements
·Profile
§Existing ground profile at proposed top of curb and right-of-way lines
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§Proposed vertical alignment (top of curb)
3.9.Prepare one (1) Conceptual level right-of-way map showing the existing and proposed right-of-way
and easements needed for proposed improvements.
3.10.Conceptual Design submittal
3.10.1 Refer to III. DELIVERABLES
Task 4 – Preliminary Design (60%)
4.1.Project Management and Administration
4.1.1 Up to two (2) meetings with Town staff and stakeholders
4.1.2 Up to one (1) project site visit
4.1.3 Implement QC plan
4.1.4 Update project schedule and interim milestones
4.1.5 Project correspondence and invoicing
4.2.General Plan Sheets
4.2.1 Incorporate conceptual design submittal review comments.
4.2.2 Upon Town approval of the Conceptual Design, prepare plan sheets (originals may be
22”x34” at a scale of 1”=20’ horizontal and 1”=4’ vertical)
4.2.3 Prepare miscellaneous plan sheets
·Cover Sheet
·Sheet Index
·General Notes (anticipated to be provided by Town)
·Project Control
·Typical Sections
·Demolition Plan
·Identify and prepare special specifications and/or special provisions applicable to the
project.
4.3.Roadway Design
4.3.1 Develop roadway plan and profile
4.3.2 Incorporate intersection improvements as determined by the Town
4.3.3 Develop design cross-sections
·Develop on 50’ station intervals and driveway centers
·Show pavement, subgrade, right-of-way limits, easements, cross slopes, curbs,
and sidewalks
·Cross-sections may be provided in the bid documents
4.3.4 Prepare roadway details to clarify intent of design
4.3.5 Compile applicable Town standard details. Supplement standard details as needed.
4.4.Drainage Design
4.4.1 Perform preliminary storm sewer sizing and alignment design. Prepare preliminary inlet
design sheets and hydraulic design sheets for inclusion in the plans.
·Storm drain profiles will be provided in the Final Design Submittal
·The design of lateral extensions (if needed) and inlet replacements for existing inlet
locations are included. The design of any storm drain main line capacity
improvements and/or offsite drainage improvements to accommodate the proposed
widening, if necessary, will be considered Additional Services.
4.4.2 Determine outfall grading requirements and provide plans and details for channel
protection (if applicable).
4.4.3 Prepare drainage details to clarify intent of design
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4.4.4 Compile applicable Town standard details. Supplement standard details as needed
4.5.Water Line Design
4.5.1 Incorporate conceptual design review comments
·Establish vertical location for the proposed water line
4.6.Pavement Marking and Signing Design
4.6.1 Plans will consist of stop-control devices, stop bar locations, lane delineation pavement
markings, and pedestrian signing/striping (if applicable)
4.6.2 Prepare pavement markers and marking layouts in accordance with Town design
standards and the Texas Manual of Uniform Traffic Control Devices (TMUTCD)
4.6.3 Prepare details to clarify intent of design
4.6.4 Compile applicable Town standard details. Supplement standard details as needed
4.7.Traffic Control Design
4.7.1 Develop a traffic control narrative.
4.7.2 Traffic control layout and plan sheets to be included with Final Design submittal
4.7.3 Compile applicable Town and TxDOT standard details.
4.8.Illumination Design (Conduit Only)
4.8.1 Locate proposed illumination conduit runs and ground boxes along the project.
4.9.Landscape and Irrigation Design (Median Only)
4.9.1 Coordinate with Town on proposed median landscaping and irrigation to meet Town standards
4.9.2 Prepare preliminary planting plans including trees, planting areas, and turf. Planting plans will
show plant species, sizes, and location
4.9.3 Prepare plan sheets for planting details and specifications, including canopy trees, ornamental
trees, shrubs and groundcover, and turf
4.9.4 Prepare preliminary irrigation plans per Town standards for irrigation equipment. Irrigation
plans will show head layout, pipe sizing, controller / valve locations, and standard details
4.10.Erosion Control Design
4.10.1 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
4.10.2 Compile applicable Town and TxDOT standard details.
4.11.Franchise Utilities
4.11.1 Continue to identify potential conflicts with existing franchise utilities.
4.11.2 Additional tasks may be provided as a part of Task 6.
4.12.Opinion of Probable Construction Cost (OPCC)
4.12.1 Compile and prepare a preliminary opinion of probable construction cost (OPCC) for the
project using recent average unit bid prices which are representative of similar types of
construction in the local area
4.13.Preliminary Design submittal
4.13.1 Refer to III. DELIVERABLES
Task 5 – Final Design (90% and Final)
90% Design Submittal
5.1.Project Management and Administration
5.1.1 Up to two (2) meetings with Town staff and stakeholders
5.1.2 Up to one (1) project site visit
5.1.3 Implement QC plan
5.1.4 Update project schedule and interim milestones
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5.1.5 Project correspondence and invoicing
5.2.General Plan Sheets
5.2.1 Incorporate preliminary design submittal review comments
5.2.2 Finalize plan sheets (originals may be 22”x34” at a scale of 1”=20’ horizontal and 1”=4’
vertical)
5.2.3 Finalize miscellaneous plan sheets
·Cover Sheet
·Sheet Index
·General Notes
·Project Control
·Typical Sections
·Demolition Plan
5.2.4 Finalize special specifications and/or special provisions applicable to the project.
5.3.Roadway Design
5.3.1 Finalize roadway plan and profile
5.3.2 Finalize ultimate intersection improvements as determined by the Town
5.3.3 Finalize cross-sections and driveway grading
5.4.Drainage Design
5.4.1 Perform final storm sewer sizing and alignment design. Finalize inlet design sheets and
hydraulic design sheets.
5.4.2 Design outfall grading requirements and provide plans and details for channel protection
(if applicable).
5.4.3 Provide hydrologic and hydraulic calculations for the proposed storm drain improvements
5.4.4 Finalize drainage plan and profile sheets
5.4.5 Prepare drainage details to clarify intent of design. Compile applicable Town standard
details. Supplement standard details as needed
5.5.Water Line Design
5.5.1 Incorporate Preliminary Design review comments.
5.6.Pavement Marking and Signing Design
5.6.1 Finalize pavement marking and signing plans
5.6.2 Prepare details to clarify intent of design
5.6.3 Compile applicable Town standard details. Supplement standard details as needed.
5.7.Traffic Control Design
5.7.1 Finalize traffic control narrative.
5.7.2 Develop traffic control plan sheets at 1”=100’ scale (22”x34”). Traffic control plan to
include signage, channelization devices, detours, temporary pavement, and concrete
barriers (where applicable). Up to three (3) phases are anticipated.
5.7.3 Compile applicable Town and TxDOT standard details. Supplement standard details as
needed.
5.8.Illumination Design (Conduit Only)
5.8.1 Upon Town approval of illumination conduit location, design 2-inch conduit system using
Town specifications.
5.8.2 Provide conduit layout, pull box locations, and applicable notes and details. Conduit will be
shown on paving plans.
5.8.3 Compile applicable TxDOT and Town standard details.
5.9.Landscape and Irrigation Design (Median only)
5.9.1 Finalize landscape and irrigation design upon Town approval of preliminary landscape and
irrigation plans. Final plans will be in accordance with Town requirements
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5.9.2 Prepare final planting plans including trees, planting areas, and turf. Planting plans will show
plant species, sizes, and location.
5.9.3 Compile applicable Town standard planting and irrigation details and specifications
5.9.4 Prepare final irrigation plans per Town standards for irrigation equipment. Irrigation plans will
show head layout, pipe sizing, controller / valve locations, and standard details
5.10.Erosion Control Design
5.10.1 Finalize erosion control measures
5.10.2 Compile applicable Town and TxDOT standard details.
5.11.Opinion of Probable Construction Cost (OPCC)
5.11.1 Update opinion for construction cost using recent average unit bid prices which are
representative of similar types of construction in the local area
5.12.Project Manual
5.12.1 It is anticipated that the Town will compile the project manual. Consultant to provide the
following:
·Pay item listing
·Quantities
·Update the overall OPCC
5.13.Final design submittal (90%)
5.13.1 Refer to III. DELIVERABLES
Final Design Submittal
5.14.Incorporate the final design submittal review comments
5.15.Prepare the final OPCC
5.16.Final design submittal (Final) (to be used by the Town for bidding)
5.16.1 Incorporate the final design submittal review comments
5.16.2 It is anticipated the following sheets will be included in the construction plans:
·Cover Sheet
·Sheet Index
·General Notes
·Project Control
·Typical Sections
·Demolition Plan
·Paving Plan and Profile
·Pavement Marking and Signing Plan
·Drainage Area Map (Existing and Proposed)
·Drainage Calculations
·Storm Drain Plan and Profile
·Traffic Control Narrative and Plan
·Landscape Plan
·Irrigation Plan
·Erosion Control Plan
·Cross Sections
·Standard Details
·TxDOT Details (where applicable)
5.17.Agency Permitting and Coordination (TDLR)
5.17.1 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.
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All coordination and fees with the TDLR application will be performed by Kimley-Horn.
5.18.Refer to III. DELIVERABLES
Task 6 – Franchise Utility Coordination
6.1 The budgeted fee for this Task is based upon approximately 80 hours for franchise utility coordination. We
will not proceed with performance of services beyond the hours budgeted, without written authorization by
the Town. This Task shall be used on an as-needed basis, at the discretion of the Town. Task may include:
6.1.1 Coordinate with franchise utility companies.
6.1.2 Attend group and/or individual franchise utility meetings.
6.1.3 Provide design data to franchise utility companies.
6.1.4 Identify potential franchise utility conflicts and possible relocation requirements.
6.1.5 Notify the Town if any relocations may be required.
6.1.6 Provide utility relocation exhibits to assist with franchise utility coordination.
6.1.7 Review proposed relocation plans from franchise utility companies to identify conflicts with proposed
improvements
Task 7 – Subsurface Utility Engineering (SUE) Quality Level “A” and Level “B” (through a subconsultant)
7.1 Upon Town Authorization, perform SUE (Subsurface Utility Engineering) Quality Level “A” and Level “B” to
identify existing franchise utility locations along Prosper Trail by exposing specific utilities. Additional SUE will
not be performed without written authorization by the Town.
7.1.1 Utilities to be designated include, gas, telecommunications, electric, traffic signals, storm, water, and
sanitary sewer.
7.1.2 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.
7.1.3 Up to seven (7) 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.
7.1.4 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.
·Approximately six (6) days have been budgeted for this task. We will not proceed with
performance of services beyond the days budgeted, without written authorization by the Town.
Task 8 – ROW and Easement Instruments of Conveyance
8.1 Prepare up to eight (8) Right-of-Way instrument (narrative and graphic exhibits of ROW required for the
Project).
8.2 Prepare up to twelve (12) easement instruments for acquisition purposes (narrative and graphic exhibits of
easements required for drainage, sidewalk, slope, street, and/or temporary construction easement).
8.3 Individual parcel exhibits shall be on 8 ½” x 11” paper, shall be sealed, dated, and signed by a Registered
Professional Land Surveyor and shall contain the following:
·Parcel number.
·Area required.
·Area remaining.
·Legal description.
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·Current owner.
·Any existing platted easement or easements filed by separate instrument including
easements provided by utility companies.
·Metes and bounds description of parcel to be acquired. Description shall be provided on a
separate sheet from the exhibit. Each type of easement shall be described separately.
·Easement instruments for encroachment agreement purposes will be prepared in
accordance with franchisee requirements.
8.4 Refer to III. DELIVERABLES
Task 9 – Signal Warrant Study
9.1 Traffic Date Collection
9.1.1 Collect 24-hr turning movement counts for up to one intersection to be identified and 24-hr bi-
directional speed counts for up to 1 roadway to be identified and approved by Town.
9.1.2 Provide an exhibit illustrating the traffic counts collected as part of this task.
9.1.3 Conduct a site visit to perform field observations at the study intersection during a peak period.
Observations will include verifying lane geometry, existing traffic operations, observing sight distances,
and any observed queue lengths.
9.1.4 Request from Town copies of any completed traffic studies for the adjacent sites and roadways.
9.2 Analysis
9.2.1 Review data collected in the Traffic Data Collection subtask above and the intersection characteristics
and analyze this data against the traffic signal warrant requirements outlined in the Texas Manual on
Uniform Traffic Control Devices (TMUTCD) (current edition), specifically reviewing warrants 1 and 2
(eight-hour and four-hour vehicular volume warrants).
9.2.2 Evaluate intersection sight distance based on field observations and provide a photolog.
9.2.3 Prepare a brief technical memorandum documenting the results of the signal warrant study.
9.2.4 Submit draft technical signal warrant memorandum to Town staff for review.
9.2.5 Meet up to one (1) time with the Town staff to discuss the results of the signal warrant analysis.
9.2.6 Incorporate up to one (1) round of simultaneous comments and provide a final signed and sealed
signal warrant memorandum in .PDF format.
Task 10 – Bid and Construction Phase Services
10.1 Bid Phase Services
10.1.1 Town will issue bid documents to prospective bidders via electronic site, maintain a list of bidders to
whom bidding documents have been issued, and addenda as appropriate to interpret, clarify, or
expand the bidding documents. Assist the Town as needed.
10.1.2 Attend the pre-bid meeting and bid opening
10.1.3 Final construction plan submittal (conformed sets). Refer to III. DELIVERABLES
10.1.4 The budgeted fee for this Task is based upon approximately 20 hours for bid phase services We will
not proceed with performance of services beyond the hours budgeted, without written authorization
by the Town.
10.2 Construction Phase Services
10.2.1 The budgeted fee for Shop Drawings and Samples is based upon approximately 120 hours (approx.
10 hours/month for anticipated 12 months for construction phase services). We will not proceed with
performance of services beyond the hours budgeted, without written authorization by the Town.
·Shop Drawings and Samples.Review and approve or take other appropriate action in respect
to Shop Drawings and Samples and other data which Contractor is required to submit, but only
Page 111
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 15 OF 24
for conformance with the information given in the Contract Documents and compatibility with
the design concept of the completed Project as a functioning whole as indicated in the Contract
Documents. Such review and approvals or other action will not extend to means, methods,
techniques, equipment choice and usage, sequences, schedules, or procedures of
construction or to related safety precautions and programs.
10.2.2 The budgeted fee for Clarifications and Interpretations is based upon approximately 120 hours
(Approx. 10 hours/month for anticipated 12 months for construction phase services). We will not
proceed with performance of services beyond the hours budgeted, without written authorization by
the Town.
·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.
10.2.3 The total budged fee for Construction Phase Services is approximately 240 hours (approx. 20
hours/month for anticipated 12 months). We will not proceed with performance of services beyond
the hours budgeted, without written authorization by the Town. 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 Documents
11.1 Consultant will prepare construction Record Documents based on the information received from the
Contractor.
11.2 The budgeted fee for this Task is based upon approximately 40 hours. We will not proceed with performance
of services beyond the hours budgeted, without written authorization by the Town.
11.3 Record Documents submittal, refer to III. DELIVERABLES
Additional Services
Services not specifically identified in the Scope of Services above will be considered additional and may be
performed with additional fee on an individual basis upon authorization by the Town. Such services may
include, but are not limited to, the following:
·Construction Staking
·Environmental Services
·Title Research
·Streetscape/Hardscape design
·Illumination design
·Sanitary sewer design
·Franchise utility design
·Bridge design
·Retaining wall design
·Traffic simulations and/or traffic studies not mentioned above
·Temporary or permanent traffic signal design
Page 112
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 16 OF 24
·Design of any offsite drainage improvements beyond the improvements identified in the scope
·Design of retaining walls over 3 feet or outside the limits of right-of-way, or specialized inlets
·Stakeholder Coordination
·Preparation of Additional Bid Packages
·Packaging/inclusion of contract documents prepared by others
·Revising the Traffic Control Narrative or Phasing Plan based on Contractor input after Bidding
Page 113
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 17 OF 24
III. DELIVERABLES
Task 1 - Survey ·Digital Topographic Drawing
Task 2 -Geotechnical Services ·One (1) Copy of Geotechnical Report
Task 3 - Conceptual Design 30% Design
·Half size and full size roll plots (up to one of each upon
request)
·Conceptual Level Right-of-Way Map
·Overall Existing Utility Map
·Drainage Area Maps
·30% Opinion of Probable Construction Cost
·PDF versions of 30% Deliverables
Task 4 - Preliminary Design 60% Design
·Half-size 60% roll plot (up to 1 of each upon request)
·Preliminary Right-of-Way Map
·Half-size 60% plan sets (up to 1 of each upon request)
·Draft ROW and Easement documents
·60% Opinion of Probable Construction Cost
·PDF versions of 60% Deliverables
Task 5 -Final Design 90% Design
·Half-size 90% roll plot (up to 1 of each upon request)
·Half-size 90% plan sets (up to 1 of each upon request)
·Final ROW and Easement documents
·90% Opinion of Probable Construction Cost
·PDF versions of 90% Deliverables
Final Design
·Half-size and full-size of Final plan sets (up to 1 of each upon
request)
·Final Opinion of Probable Construction Cost
·PDF versions of Final Deliverables
·One (1) DWG copy of final files
Task 8 – ROW and Easement Instruments of
Conveyance
·Up to eight (8) ROW instruments
·Up to twelve (12) Easement instruments
Task 9 – Signal Warrant Study ·Final signed and sealed signal warrant memorandum in .PDF
format.
Page 114
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 18 OF 24
Task 10 – Bid and Construction Phase Services ·Pay item listing
·Half-size and full-size of final (signed and sealed)
Conformed plan sets (up to 1 each upon request)
Task 11 - 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 115
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 KIMLEY-HORN AND ASSOCIATES, INC.
FOR THE PROSPER TRAIL (LEGACY DRIVE – DALLAS PARKWAY) PROJECT
I. COMPENSATION SCHEDULE
Task
Completion
Schedule
(Anticipated)
Compensation
Schedule
(Anticipated)
Notice-to-Proceed February 2025
Task 1 – Survey April 2025 Up to $90,000
Task 2 – Geotechnical Services (through Subconsultant)April 2025 Up to $27,000
Task 3 – Conceptual Design (30%)June 2025 $168,000
Task 4 – Preliminary Design (60%)September 2025 $271,000
Task 5 – Final Design (90% and Final)March 2026 $233,000
Task 6 – Franchise Utility Coordination As needed Up to $24,000
Task 7 – SUE QL “B” and “A” (through subconsultant)As needed Up to $30,000
Task 8 – ROW and Easement Instruments of Conveyance December 2025 Up to $38,000
Task 9 – Signal Warrant Study As needed Up to $10,000
Task 10 – Bid and Construction Phase Services TBD Up to $78,000
Task 11 – Record Drawings TBD Up to $12,000
Total Compensation $981,000
Page 116
Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 20 OF 24
II. COMPENSATION SUMMARY
Basic Services (Lump Sum)Amount
Task 3 – Conceptual Design (30%)$168,000
Task 4 – Preliminary Design (60%)$271,000
Task 5 – Final Design (90% and Final)$233,000
Total Basic Services:$672,000
Special Services (Hourly Not-to-Exceed)Amount
Task 1 – Survey Up to $90,000
Task 2 – Geotechnical Services (through Subconsultant)Up to $27,000
Task 6 – Franchise Utility Coordination Up to $24,000
Task 7 – SUE QL “B” and “A” (through Subconsultant)Up to $30,000
Task 8 – ROW and Easement Instruments of Conveyance Up to $38,000
Task 9 – Signal Warrant Study Up to $10,000
Task 10 – Bid and Construction Phase Services Up to $78,000
Task 11 – Record Drawings Up to $12,000
Total Special Services:$309,000
Page 117
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 118
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 119
Item 9.
Page 120Item 9.
PROFESSIONAL ENGINEERING SERVICES AGREEMENT VERSION 05/22 PAGE 24 OF 24
EXHIBIT E
CONFLICT OF INTEREST QUESTIONNAIRE
Kimley-Horn and Associates, Inc.
X
X
1/29/2025
Page 121
Item 9.
LOCATION MAP
Prosper Trail (Legacy - DNT) Legacy Drive Dallas North Tollway Prosper Trail
Page 122
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: Pecan Grove Park Hike and Bike Trail
Town Council Meeting – February 11, 2025
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon a proposal from WOPAC Construction for a concrete hike and bike trail in
Pecan Grove Park for $162,488.
Description of Agenda Item:
This concrete hike and bike trail will run along the west side of La Cima Blvd between Limestone
Drive and Amistad Drive. This section of the trail will complete a full loop around the northern part
of Pecan Grove Park. Collin County grant funding was sought for this trail and a pavilion project
in Whitley Place Park, but grant funds were not awarded. The CIP Subcommittee recommended
utilizing the funding that was budgeted to match the two unawarded grants to fund this trail project.
The original project cost estimate was $249,000. Utilizing the Annual Concrete Contract allows
staff to deliver the project under the original cost estimate.
The project is slated to begin in mid-March and will be completed by mid-May.
Budget Impact:
The total cost of the construction contract is $162,488. Funding for this contract is available in
account PK202508.
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. Cost proposal for concrete hike and bike trail construction.
2. Location Map
Town Staff Recommendation:
Town Staff recommends approval of a proposal from WOPAC Construction for a concrete hike &
bike trail in Pecan Grove Park for $162,488.
PARKS AND RECREATION
DEPARTMENT
Page 123
Item 10.
Page 2 of 2
Proposed Motion:
I move to approve a proposal from WOPAC Construction for a concrete hike & bike trail in Pecan
Grove Park for $162,488.
Page 124
Item 10.
Rate QuantityItem Description Amount Unit
$112.501383 1 Item 10 - Excavate, Remove and haul off dirt, grade and install 4in to 5in x 8ft wide
sidewalk. (3000 psi w/#3 bars on 18" OCBW - 1556 LF x 8 ft. installed along Amistad
Dr. and Lacima Blvd, tieing into existing Barrier Free Ramps at both ends).
$155,587.50 SY
$3,400.001 2 Item 18 - Install reinforced barrier free ramp. (At intersection of Lacima Blvd and
Amistad Dr.)
$3,400.00 Ea
$3,500.001 3 Item 12 - Traffic Control.$3,500.00 LS
WOPAC Const. Inc.
P.O. Box 819
Prosper, TX 75078
972-562-8316
adamleachwopac@aol.com
wopacconst.com
Quote To:
Town of Prosper
P.O. Box 307
Prosper, TX 75078
1/6/2025
2777
Date:
Estimate No:
Estimate
Construct 8ft sidewalk along Lacima Blvd at Pecan Grove ParkJob and Location:
WOPAC Construction Inc. hereinafter called the company, offers to furnish all labor, materials and equipment required for the
performance of the following described work.
Grand Total $162,487.50
Page 125
Item 10.
Page 126
Item 10.
Page 1 of 2
To: Mayor and Town Council
From: David Hoover, AICP, Director of Development Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Planned Development Ordinance for 301 South Coleman Street
Town Council Meeting – February 11, 2025
Strategic Visioning Priority: 2. Development of Downtown as Destination
Agenda Item:
Consider and act upon an ordinance to rezone 0.6± acre from Downtown Office (DTO) to Planned
Development-131 (PD-131) on Bryant’s First Addition, Block 15, Lot 1R, located on the northeast
corner of Coleman Street and First Street. (ZONE-24-0026)
Description of Agenda Item:
On January 28, 2025, the Town Council unanimously approved the proposed rezoning request by
a vote of 7-0. An ordinance has been prepared accordingly.
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.
Attachments:
1. Ordinance
2. Ordinance Exhibits
Town Staff Recommendation:
Town Staff recommends approval of an ordinance to rezone 0.6± acre from Downtown Office
(DTO) to Planned Development-131 (PD-131) on Bryant’s First Addition, Block 15, Lot 1R, located
on the northeast corner of Coleman Street and First Street.
Proposed Motion:
I move to approve/deny an ordinance to 0.6± acre from Downtown Office (DTO) to Planned
Development-131 (PD-131) on Bryant’s First Addition, Block 15, Lot 1R, located on the northeast
corner of Coleman Street and First Street.
PLANNING
Page 127
Item 11.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2025-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 0.6 ACRES, MORE OR LESS, SITUATED IN THE
BRYANT’S FIRST ADDITION, BLOCK 15, LOT 1R, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS, FROM DOWNTOWN OFFICE (DTO) TO
PLANNED DEVELOPMENT-131 (PD-131), DESCRIBING THE TRACT TO BE
REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case ZONE-
24-0026) from Matt Moore (“Applicant”), to rezone 0.6 acres of land, more or less, Bryant’s First
Addition, Block 15, Lot 1R, in the Town of Prosper, Collin County, Texas, and being more
particularly described in Exhibit “A”, attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all other
requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance is amended
as follows: The zoning designation of the below described property containing 0.6 acres of land,
more or less, in the Bryant’s First Addition, Block 15, Lot 1R, Town of Prosper, Collin County,
Texas, and all streets, roads, and alleyways contiguous and/or adjacent thereto are hereby zoned
as Planned Development-131 and being more particularly described in Exhibit “A”, attached
hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with (1) the Development Standards, attached
Page 128
Item 11.
Case No. ZONE-24-0026 Ordinance No. 2025-__, Page 2
hereto as Exhibit C; (2) the Conceptual Plan, attached hereto as Exhibit D, all of which are
incorporated herein for all purposes as if set forth verbatim.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted
and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original record
and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up to date
by posting thereon all changes and subsequent amendments for observation, issuing
building permits, certificates of compliance and occupancy, and enforcing the zoning
ordinance. Reproduction for information purposes may from time-to-time be made of
the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of this
Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm, or corporation to make
use of said premises in some manner other than as authorized by this Ordinance, and shall be
unlawful for any person, firm, or corporation to construct on said premises any building that is not
in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation, or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars
($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate
offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from
filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it
pursuant to local, state, and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause, or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that all remaining portions of this Ordinance shall remain in full force and
effect. Prosper hereby declares that it would have passed this Ordinance, and each section,
subsection, clause, or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
Page 129
Item 11.
Case No. ZONE-24-0026 Ordinance No. 2025-__, Page 3
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in
full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THE 11TH DAY OF FEBRUARY, 2025.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 130
Item 11.
*ACS/TRC* COLLIN Doc: 000002820 Date: 06/15/2017 Vol: 0002017 Page: 00450 Page: 1 Of 5
Page 131
Item 11.
HAIBY COLEMAN, LLC
ZONE 24-0026
EXHIBIT B: STATEMENT OF INTENT
Mr. David Hoover
Director of Development Services
Town of Prosper
250 W. First Street
Prosper, TX 75078
Re: Letter of Intent – Haiby Coleman Planned Development Request (301 S. Coleman)
Dear Mr. Hoover:
Please accept this letter of intent for the Planned Development (PD) zoning request associated with the
existing office building located at 301 S. Coleman. The purpose of this request is to modify the building
setback, landscape setbacks, lot coverage, and open space requirements as a result of the right-of-way
condemnation that has occurred to facilitate the First Street/Coleman intersection/round-about. The parcel
is currently 0.6089 acres in size but this will be reduced to .5685 acres.
Below are the proposed modifications to the base Downtown Office Zoning to be requested
- Front Yard Setback – 5’ or Variable Width
- Landscape Setback – 5’ or Variable Width
- Landscape Islands at Parking Terminus Islands – Width to be Reduced to Proposed ROW on First
Street
- Open Space Reduction
Should you need any additional information, please contact me at 817-201-6982.
Sincerely,
Matt Moore
Haiby Coleman, LLC
Manager
Page 132
Item 11.
ZONE-24-0026
Exhibit “C”
Development Standards
This tract shall develop under the regulation of the Downtown Office (DTO) District as outlined in
the Town’s Zoning Ordinance as it exists or may be amended with the following conditions:
1.0 Permitted Uses
1.1 The permitted uses within this Planned Development District will follow the
Downtown Office District.
2.0 District Regulations
2.1 The district regulation requirements within this Planned Development District are
as follows:
• Size of Yards
o Front Setback (Coleman Street) – 5’
o Side Setback (First Street) – 5’
o Side Setback (Second Street) – 15’
o Rear Setback – 10’
• Size of Lots
o Minimum Lot Depth – 120’ (Measured from Coleman Street)
3.0 Landscaping & Open Space
3.1 The landscaping and open space requirements within this Planned Development
District are as follows:
• Landscaping & Open Space
o Coleman Street – 5’ Landscape Setback
o First Street – 5’ Landscape Setback
o Second Street – 15’ Landscape Setback
o Adjacent to Residential – 15’ Landscape Setback
o Parking Terminus Landscaping (First Street) – 5’ Width
o Existing sidewalks may be allowed to be within landscaping setbacks.
o Trees removed due to acquisition shall be replaced by the Town.
o Six Percent (6%) of Net Lot Area
Page 133
Item 11.
SOUTH COLEMAN STREET(60' WIDTH R.O.W.)
EAST SECOND STREET
(60' WIDTH R.O.W.)
PROPOSED OFFICE BUILDING
7,378 SF
FFE=693.50
EAST FIRST STREET
(VARIABLE WIDTH R.O.W.)
EX. FDC
THOMAS J. & BOBBIE JAMES
DOC. NO 20140124000072220
O.P.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED DTO
MCNEELEY INVESTMENTS, LLC
DOC. NO 20080408000421920
O.P.R.C.C.T.
LAND USE: COMMERCIAL
ZONED COMMERCIAL
EDUARDO BELL
DOC. NO 20120501000502170
O.P.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED DTO
PRESBYTERIAN CHURCH
LAND USE: COMMERCIAL
ZONED SINGLE FAMILY
HESTER LOUISE MEWNSER
REVOCABLE TRUST
VOL 5377, PG 336
D.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
JAMES RALPH JORDAN, MARK HENRY
JORDAN AND WILLIAM THOMAS JORDAN
INST NO. 20110217000179950
LAND USE: RESIDENTIAL MOBILE HOME
ZONED SINGLE FAMILY
TLS INVESTMENTS
DOC. NO.
20141222001389220
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
MARCIA PETTIS
DOC. NO.
20130221000235310
LAND USE: RESIDENTIAL
ZONED DTSF
VIDAL RAMIRES
VOL. 4551, PG. 2777
D.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
HUBERT F. LOWRY
VOL. 1310, PG. 48
D.R.D.C.T.
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
DANNY & HILDA VILLANUEA
VOL. 5367, PG 8985
D.R.C.C.T.
LAND USE: RESIDENTIAL
ZONED SINGLE FAMILY
FUTURE OLD TOWN DISTRICT
BYANTS FIRST ADDITION
LOT 1R, BLOCK 15
1
2
EX. SLOPED
HEADWALL 15' LANDSCAPE SETBACK/BUILDING LINE10' BUILDING LINE
15' LANDSCAPE SETBACK
V.W. LA
N
D
S
C
A
P
E
S
E
T
B
A
C
K
/
BUILDI
N
G
L
I
N
E
V.W. BUILDINGLINEV.W. LANDSCAPESETBACK18'6.5'24'18'
2' CAR
OVERHANG
PREVIOUS R.O.W.9'9'9'9'TYP.9'TYP.24'
24'
R
2
0
'
R20'
22' TYP.10'TYP.P.O.B.
98.83'77.83'42.2'55.44'2' CAR
OVERHANG
EX. 10'X10'
CORNER CLIP
EX. 10'X10' CORNER CLIP/
UTILITY & STREET ESMT
EXIST. FH
EXIST. FH
HEADLIGHT SCREENINGEX. FIRE HYDRANT
INSTALLED ADA
RAMP (ASBUILT)INSTALLED
5' SIDEWALK
ASBUILT
PROP. GARBAGE
TOTERS (ASBUILT)
SEWER MAN-HOLE
INSTALLED
(ASBUILT)
EXISTING AT&T
MANHOLE
22"X22" CATCH BASIN
W/ STEEL GRATE
S89°43'40"W 121.14'
∆=21°24'49"
R=186.33'
L=69.64'
CB=N79°33'56"W
C=69.24'
∆=48°48'56"
R=48.83'
L=41.61'
CB=N44°27'03"W
C=40.36'
N20°02'35"W
15.70'
EX. R.O.W.S 01°07'46" E 118.54'N 17°39'21" W 51.81
'
N 87°53'41" E 238.04'
∆=10°42'45"
R=186.33'
L=34.84'
CB=N84°54'56"W
C=34.79'DATENo.REVISIONBYDATE:
SHEET
File No. 2015-137
6/7/2017
CHECKED:
ASD
DRAWN:ASD
DESIGN:PROPOSED BUILDING301 S. COLEMAN ST.PROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
ASDSITE PLANSP-1
0
GRAPHIC SCALE
1 inch = ft.
20 20 40
20
10
LEGEND
EX. FIRE HYDRANT
FIRE HYDRANT
HEAVY DUTY CONCRETE
PAVEMENT
PRIVATE SIDEWALK
STANDARD DUTY CONCRETE
PAVEMENT
COUNTY SURVEY:
COLLIN EAGLE SURVEYING, LLC
CITY:STATE:
PROSPER TEXAS
OWNER:
EXHIBIT D-1: SITE PLAN
APPLICANT:
SURVEYOR:EAGLE SURVEYING, LLC.
210 SOUTH ELM STREEET, SUITE 104
DENTON, TX 76201
ERNEST WOORSTER
PH.940.222.3009
HAIBY COLEMAN LLC
9271 SADDLE HORN CT
PROSPER, TX 75078-8827
PH:817.201.6982
ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREAS
DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IF
THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS
FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE
STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.
ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD
HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD
STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.
CASE#: ZONE-24-0026
*NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE*
LEGAL DESCRIPTION
BRYANTS FIRST ADDITION
VOL. 116, PG 162
LOT 1R, BLOCK 15
0.57 ACRES
WATER METERWM
T TRANSFORMER
FLOOD PLAIN NOTE
WATER METER SCHEDULE
ID TYPE SIZE NO.
DOM.2"1
IRR.1 1/2"1
1
2
HAIBY COLEMAN LLC
9271 SADDLE HORN CT
PROSPER, TX 75078-8827
PH:817.201.6982
N.T.S.
VICINITY MAP
N
SITE
E 1ST ST
S COLEMAN STS PRESTON RDE BROADWAY ST
E 2ND ST
E 5TH ST
E 6TH ST
E 7TH ST
N CHURCH STN PARVIN STS CRAIG RDS MCKINNEY STVARIABLE WIDTHV.W.
PUBLIC SIDEWALK
PREVIOUS ROW DEDICATION AT
TIME OF BUILDING CONSTRUCTION
EXISTING ROW DEDICATION
RECENTLY TAKEN
02/05/2025
Page 134
Item 11.
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