01.27.26 Town Council Regular Meeting Agenda Packet_Cancelled
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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.
1. America 250. (DFB/TR)
Presentations.
2. Recognize the Prosper ISD Family Resource Center volunteers. (KS)
3. Recognize Town employee Cindy Slate for her years of service. (TL)
Agenda
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, January 27, 2026
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 of the January 13, 2026, Town Council Work Session
meeting. (MLS)
5. Consider and act upon the minutes of the January 13, 2026, Town Council Regular
meeting. (MLS)
6. Consider acceptance of the December monthly financial report for fiscal year 2026. (CL)
7. Consider and act upon a Resolution appointing a member of the Prosper Town Council
to the North Central Texas (NCT) Regional 9-1-1 Emergency Communications District
Board of Managers. (MLS)
8. Consider and act upon ratifying an expenditure to Maya Underground Construction for
the repair of a 12” water line at Dallas Parkway and Frontier Parkway in the amount of
$180,670. (CJ)
9. Consider and act upon an ordinance replacing existing Section 12.02.001, “Mayor’s
Duties,” and existing Section 12.02.002, “Traffic Administrator,” of Article 12.02,
“Administration,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the
Town of Prosper, Texas, by repealing the existing ordinances and replacing them with
a new Section 12.02.001, “Traffic Administration.” (HW)
10. Consider and act upon authorizing the Town Manager to execute a Construction
Agreement awarding CSP No. 2026-09-B to Jeske Construction Company, related to
construction services for the Prosper Downtown Parking Lot and Alley Improvements
project in the amount of $347,731 and authorize $50,000 for construction phase
contingencies. The total purchase order amount is $397,731. (PA)
11. Consider and act upon authorizing the Town Manager to execute a Thoroughfare Impact
Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of
Prosper, Texas, related to the construction of Frontier Parkway to serve the Legacy
Gardens Phases 3 and 4 developments. (HW)
12. Consider and act upon authorizing the Town Manager to execute a Water Impact Fees
Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper,
Texas, related to the construction of a water line along Frontier Parkway to serve the
Legacy Gardens Phases 3 and 4 developments. (HW)
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.
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REGULAR AGENDA:
Pursuant to Section 551.007 of the Texas Government Code, individuals wishing to address the
Council for items listed as public hearings will be recognized when the public hearing is opened. [If
you wish to address the Council, please fill out a “Public Comment Request Form” and present it to
the Town Secretary, preferably before the meeting begins.]
Items for Individual Consideration:
13. Consider and act upon an Ordinance amending Appendix A, “Fee Schedule,” of the
Town’s Code of Ordinances. (HW/DB)
14. Discuss and consider Town Council Subcommittee reports. (DFB)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code,
as authorized by the Texas Open Meetings Act, to deliberate regarding:
Section 551.087 – To discuss and consider economic development incentives and all
matters incident and related thereto.
Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of
real property for municipal purposes and all matters incident and related thereto.
Section 551.074 – To discuss and consider personnel matters and all matters incident
and related thereto.
Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated
litigation.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, Community
Engagement Committee, and the Downtown Advisory Committee, and all matters
incident and related thereto.
Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with Article 1.02 of the Town Code of Ordinances and all matters incident
and related thereto.
Section 551.071 - Consultation with the Town Attorney to discuss legal issues
associated with any Work Session or Council Meeting agenda item.
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
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Wednesay, January 21, 2026, and remained so posted at least three (3) business days before said
meeting was convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE 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 5:34 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Amy Bartley
Deputy Mayor Pro-Tem Chris Kern
Councilmember Marcus E. Ray
Councilmember Jeff Hodges
Councilmember Cameron Reeves
Council Members Absent:
Councilmember Craig Andres
Staff Members Present:
Mario Canizares, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Hulon Webb, Engineering Director
David Hoover, Development Services Director
Stuart Blasingame, Fire Chief
Shaw Eft, Assistant Fire Chief
Todd Rice, Communications Director
Kaylynn Stone, Special Events Manager
Angela Lewis, Event Specialist
Ryan Pasko, IT Specialist II
Doug Kowalski, Police Chief
Tom Davis, Assistant Police Chief
Items for Individual Consideration:
1. Receive an update regarding Pride in the Sky. (KS)
Ms. Stone presented an update of the event including the scope of services provided
by Cedarbrook Media and the Town. The proposed services were reviewed by the
Community Engagement Committee with recommendation(s) to add more detailed
timelines within the contract and to eliminate the flat fee paid by the Town. Staff is
requesting direction on the proposed recommendations.
Mr. Canizares elaborated on the flat fee, which was historically a cost paid for Police
Department Services.
The Town Council discussed if the Town would be receiving a percentage of sales,
consistency of the contract compared to other events, special event permitting and
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, January 13, 2026
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Item 4.
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the requirements needed with submittal, insurance requirements and timeline, and
any associated penalties within the terms of service.
The Town Council agreed to eliminate the flat fee, but requested staff to communicate
that the fee be used towards expanding the event, and explore what other
municipalities do regarding insurance for special events.
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 551.089 - To deliberate security information collected, assembled, or maintained by
or for a governmental entity to prevent, detect, or investigate criminal activity, pursuant to
Section 2059.055 of the Texas Government Code, and all matters incident and related
thereto.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board
of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development
Corporation Board, Planning & Zoning Commission, Community Engagement Committee,
and the Downtown Advisory Committee, and all matters incident and related thereto.
Section 551.071 – Consultation with the Town Attorney to discuss legal issues associated
with any agenda item.
Reconvene into Work Session.
No Executive Session took place.
Adjourn.
The meeting was adjourned at 6:00 p.m.
These minutes were approved on the 27th day of January 2026.
APPROVED:
________________________________
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 4.
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Call to Order/ Roll Call.
The meeting was called to order at 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Amy Bartley
Deputy Mayor Pro-Tem Chris Kern
Councilmember Marcus E. Ray
Councilmember Jeff Hodges
Councilmember Cameron Reeves
Council Members Absent:
Councilmember Craig Andres
Staff Members Present:
Mario Canizares, Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Deputy Town Manager
Chuck Ewings, Assistant Town Manager
Robyn Battle, Executive Director
Hulon Webb, Engineering Director
David Hoover, Development Services Director
Suzanne Porter, Planning Manager
Dan Baker, Parks and Recreation Director
Kurt Beilharz, Assistant Parks and Recreation Director
Trevor Helton, Recreation Manager
Leigh Johnson, IT Director
Ryan Patterson, Assistant Finance Director
Stuart Blasingame, Fire Chief
Shaw Eft, Assistant Fire Chief
Todd Rice, Communications Director
Kaylynn Stone, Special Events Manager
Ryan Pasko, IT Specialist II
Doug Kowalski, Police Chief
Tom Davis, Assistant 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:
MINUTES
Prosper Town Council Meeting
Prosper Town Hall, Council Chambers
250 W. First Street, Prosper, Texas
Tuesday, January 13, 2026
6:15 PM
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Item 5.
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The Visual Arts of Prosper is holding an art show in the Town Hall lobby through Friday, January
23. The show is free to the public and open during normal business hours (8 am to 5 pm). Come
by to view art by talented local artists in Prosper.
A reminder that Town offices will be closed Monday, January 19 for the Martin Luther King Jr.
Holiday. There will be no trash service delays due to the holiday.
Join Mayor Bristol and Prosper ISD Superintendent Dr. Holly Ferguson for the State of the
Community hosted by the Prosper Chamber of Commerce and presented by Cook Children’s
Health on Thursday, January 22 from 11:00 a.m. to 1:00 p.m. for a year-end recap and what exciting
things are ahead in 2026. Citizens may register for the event at prosperchamber.com.
Presentations.
1. Recognize the 2025 Mayor's Fitness Challenge participants. (TH)
Mr. Helton presented the item with an overview of the 2025 Mayor’s Fitness Challenge
including the number of participants and hours completed. Mr. Helton announced the
2025 overall winner is Karim Charaniya.
2. Recognize members of Prosper Fire and Rescue Department for the Life Saving
efforts. (SB)
Chief Blasingame and the Medical Director for Prosper recognized the efforts of
members of the Prosper Fire and Rescue Department for their life saving efforts.
3. Recognize the Prosper Police Department for receiving the Law Enforcement
Recognition Program re-designation by the Texas Police Chiefs Association
(TPCA). (DK)
Jake Sullivan with the Texas Police Chiefs Association presented to Propser Police
Department their redesignation for Best Practices.
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 of the December 9, 2025, Town Council Work
Session meeting. (MLS)
5. Consider and act upon the minutes of the December 9, 2025, Town Council
Regular meeting. (MLS)
6. Consider acceptance of the November monthly financial report for fiscal year
2026. (CL)
7. Consider and act upon authorizing the Town Manager to execute a Service
Agreement between the Town of Prosper and Off Broadway Productions, LLC, for
the Downtown Block Party in the amount of $30,000 plus additional in-kind
contributions. (TR)
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Item 5.
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8. Consider and act upon approving Resolution 2026-01 and Resolution 2026-02
authorizing matching funds for projects submitted under the State and Local
Cybersecurity Grant Program. (LJ)
9. Consider and act upon approving the purchase of the annual software assurance
of the Town’s computer aided dispatch and record management systems for
Public Safety, from Integrated Computer Systems, Inc., a sole source provider in
the amount of $145,049.21. (LJ)
10. Consider and act upon approving the replacement of seventy (70) end-of-life
wireless access points with new Wi-Fi 7 wireless access points from REDACTED,
including associated installation services, through SHI Inc. in the amount of
$98,614. (LJ)
11. Consider and act upon approving the annual purchase of ammunition from GT
Distributors, utilizing BuyBoard Contract #698-23 in the amount of $87,691.90.
(DK)
12. Consider and act upon the purchase of one (1) ambulance from Professional
Ambulance Sales & Service, dba SERVS, through BUYBOARD Contract #745-24,
in the amount of $433,105. (SB)
13. Consider and act upon the purchase of one Pierce Velocity Pumper (PUC) Engine
and one Pierce Velocity Platform – 100’ Mid-Mount Truck through Siddons-Martin
Emergency Group, LLC through the BuyBoard Contract #746-24(Fire), in the
amount of $4,038,680. (SB)
14. Consider and act upon the purchase of one Weis Fire & Safety Equipment, LLC.
Ford F550 Brush Truck through the HGAC Contract #FS12-23, in the amount of
$313,517. (SB)
15. Consider and act upon approving the purchase of mobile and portable radios
through the Texas Department of Information Resources (DIR) Contract #39000-
DIR-CPO-5433-AGREEMENT: State of Texas for $91,465.13. (SB)
16. Consider and act upon approval of a Buyboard Cooperative Purchase Order from
Child’s Play Inc. for installation of a pavilion at Raymond Community Park in the
amount of $110,962. (DB)
17. Consider and act upon approving an amendment to the Design Agreement with
Quorum Architects of the Public Works and Parks Service Center in the amount
of $106,900 and authorize the Town Manager to execute documents for the same.
(CJ)
18. Consider and act upon authorizing the Town Manager to execute a Professional
Services Agreement between Geotex Engineering, LLC, and the Town of Prosper,
Texas, related to professional construction materials testing and observation
services for the Public Works & Parks Service Center project in the amount of
$253,228. (CJ)
19. Consider and act upon whether to direct staff to submit a written notice of appeals
on behalf of the Town Council to the Development Services Department, pursuant
to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance,
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Item 5.
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regarding action taken by the Planning & Zoning Commission on Preliminary Site
Plans and Site Plans. (DH)
Councilmember Ray made a motion to approve consent agenda items 4 through 19.
Councilmember Hodges seconded the motion. Motion carried with a 6-0 vote.
CITIZEN COMMENTS
No comments were made.
Items for Individual Consideration:
20. Conduct a Public Hearing and consider and act upon a request to amend the
development standards, uses and conceptual layout of Planned Development-52,
consisting of 10.8± acres on the south side of Prosper Trail and 815± feet east of
Mike Howard Lane. (ZONE-25-0012) (DH)
Mr. Hoover presented the item with an overview of the project location, the surrounding
zoning, the overall concept plan, landscape plan, open space amenities and the existing
versus the proposed building elevations. Town staff received no responses to the
notices sent out. The Planning and Zoning Commission recommended approval by a 5-
1 vote. Staff recommends approval.
The Town Council discussed permitted uses within the PD and the intended uses with
the definitions of major verus minor uses being explained, and ensuring sufficient
parking as businesses move into the building. Mr. Hoover noted that individual uses will
receive a Certificate of Occupancy, which allows staff to review and ensure parking
standards are met.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Councilmember Ray made a motion to approve a request to amend the development
standards, uses and conceptual layout of Planned Development-52, consisting of 10.8±
acres on the south side of Prosper Trail and 815± feet east of Mike Howard Lane. Mayor
Pro-Tem Bartley seconded the motion. Motion carried with a 6-0 vote.
21. Consider and act upon authorizing the Town Manager to execute an Interlocal
Agreement between Collin County and the Town of Prosper for Animal Shelter
Services for an initial term of five (5) years, with annual renewal terms of one (1 )
year, and an initial fee of $116,702 for FY 2025-2026. (RB)
Ms. Battle introduced the item stating the proposed Interlocal Agreement is a brand new
agreement and includes a cost structure based on a percentage of each entity’s
population for animal shelter services. The current agreement, which expires in 2028
would be replaced if this agreement is approved. The agreement includes a base
operational fee with a 3.5% increase per year. Staff recommends approval.
Councilmember Reeves made a motion to approve authorizing the Town Manager to
execute an Interlocal Agreement between Collin County and the Town of Prosper for
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Item 5.
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Animal Shelter Services for an initial term of five (5) years, with annual renewal terms of
one (1) year, and an initial fee of $116,702 for FY 2025-2026. Cuncilmember Hodges
seconded the motion. Motion carried with a 6-0 vote.
22. Consider and act upon authorizing the Town Manager to execute Amendment No.
19 to the Interlocal Agreement between Collin County and the Town of Prosper for
Animal Control Services in the amount of $171,374. (RB)
Ms. Battle introduced the item stating the proposed amendment is a renewal of the
existing agreement for services provided by the county for animal control services. Staff
is recommending approval.
Councilmember Hodges made a motion to approve authorizing the Town Manager to
execute Amendment No. 19 to the Interlocal Agreement between Collin County and the
Town of Prosper for Animal Control Services in the amount of $171,374. Councilmember
Ray seconded the motion. Motion carried 6-0.
23. Consider and act upon a Park Improvement Fee Agreement between the Town of
Prosper and Shaddock-Creekside Prosper, LLC, for the Creekside development.
(DB)
Mr. Baker introduced the item stating the agreement has been modified to include sod
installation for the entire site and increasing the developer participation in the project by
$250,000 in consideration for naming the facility Shaddock Park. This reduces the
Town’s cost participation from $442,098 to an estimated $173,500. No funds will be
placed in escrow. Since a portion of the improvements are required as part of the
subdivision, staff will withhold final acceptance of all infrastructure until these
improvements are also complete. Reimbursement is subject to completion of all
improvements covered in this agreement. The Parks and Recreation Department
approved the agreement with a 5-1 vote but would prefer the developer follow the Town’s
ordinance requirements regarding the naming of the park. Staff is recommending
approval.
The Town Council discussed amenities that would be added to the park, the trail
widening, park dedication fees, naming of the park, and using the park dedications fees
towards the park system as a whole.
Mayor Pro-Tem Bartely made a motion to accept park dedication fees for Creekside
development and credit the developer for the connector trail increased costs.
Councilmember Ray seconded the motion. Motion carried with a 6-0 vote.
24. Consider and act upon authorizing the Town Manager to execute a Construction
Agreement with Homerun Construction, LLC for Parvin Park in the amount of
$532,145.32. (DB)
Mr. Baker introduced the item noting 12 bids were received for the proosed project. The
construction contract is for a playground, drinking fountain, picnic table, seating,
irrigation, sod, trees, concrete loop trail, retaining wall, and associated sitework for
Parvin Park on Broadway Street to the west of the intersection with Parvin Street. The
project has an estimated completion of summer 2026.
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Item 5.
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The Town Council discussed no parking signs and placement of signs.
Mayor Pro-Tem Bartley made a motion to approve authorizing the Town Manager to
execute a Construction Agreement with Homerun Construction, LLC for Parvin Park in
the amount of $532,145.32. Councilmember Reeves seconded the motion. Motion
carried 6-0.
25. Discuss and consider Town Council Subcommittee reports. (DFB)
Downtown Advisory Committee: Ms. Battle noted the committee discussed the
monumentation project that is out to bid and will be awarded in Feburary. The committee
also discussed the parking lot.
Community Engagement Committee: Mayor Pro-Tem Bartley noted the committee has
broken into three working groups and they meet prior to each meeting.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Mayor Bristol commented on his recent ride along with the Police Department and spending time
in Dispatch. He recommended the Council if their schedules allowed to visit with departments.
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 551.089 - To deliberate security information collected, assembled, or maintained
by or for a governmental entity to prevent, detect, or investigate criminal activity,
pursuant to Section 2059.055 of the Texas Government Code, and all matters incident
and related thereto.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, Community
Engagement Committee, and the Downtown Advisory Committee, and all matters
incident and related thereto.
Section 551.071 - Consultation with the Town Attorney to discuss legal issues
associated with any Work Session or Council Meeting agenda item.
The Town Council recessed into Executive Session at 7:28 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
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Item 5.
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The Town Council reconvened into Regular Session at 8:42 p.m.
No action was taken.
Adjourn.
The meeting was adjourned at 8:42 p.m.
These minutes were approved on the 27th day of January 2026.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 5.
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To: Mayor and Town Council
From: Chris Landrum, Finance Director
Through: Mario Canizares, Town Manager
Bob Scott, Deputy Town Manager
Re: Consider acceptance of the December Monthly Financial Report for
Fiscal Year 2026 (CL)
Town Council Meeting – January 27, 2026
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider acceptance of the December monthly financial report for fiscal year 2026. (CL)
Description of Agenda Item:
The Town Charter requires the submission of monthly financial reports to the Town Council. In
summary, both revenues and expenditures are within the expected ranges, except where
otherwise noted in the financial statements.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form
and legality.
Attached Documents:
1. Monthly Financial Report – December 31, 2025
2. First Quarter Financial Summary FY26
Town Staff Recommendation:
Town staff recommends Town Council vote to accept submission of the monthly financial report
for the period of December for fiscal year 2026 in compliance with Town Charter requirements.
Proposed Motion:
I move to accept the December Monthly Financial Report for Fiscal Year 2026 in compliance with
charter requirements.
FINANCE
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Item 6.
MONTHLY FINANCIAL REPORT
as of December 31, 2025
Cash/Budgetary Basis
Prepared by
Finance Department
January 27, 2026
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Item 6.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 2025
Table of Contents
General Fund 3
General Fund Charts 4 - 6
Debt Service Fund 7
East Thoroughfare Impact Fees Fund 8
West Thoroughfare Impact Fees Fund 9
Water Impact Fees Fund 10
Wastewater Impact Fees Fund 11
Impact Fee Chart 12
TIRZ #1 - Blue Star 13
TIRZ #2 14
Crime Control and Prevention Special Purpose District 15
Fire Control, Prevention, and Emergency Medical Services Special Purpose District 16
Park Dedication and Improvement Fund 17
Special Revenue Fund 18
Hotel Occupancy Tax Fund 19
Water-Sewer Fund 20 - 21
Water-Sewer Fund Charts 22 - 24
Storm Drainage Utility Fund 25
Solid Waste Fund 26
Vehicle and Equipment Replacement Fund 27
Health Insurance Fund 28
Capital Projects Fund-General 29 - 33
Capital Projects Fund-Water/Sewer 34
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Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year
REVENUES
Property Taxes 26,277,088$ -$ 26,277,088$ 5,180,098$ -$ 21,096,990$ 20%1 12,087,933$ -57%
Sales Taxes 13,199,055 - 13,199,055 2,989,721 - 10,209,334 23%5 2,858,783 5%
Franchise Fees 4,685,174 - 4,685,174 730,239 - 3,954,935 16%2 500,738 46%
Building Permits 5,193,641 - 5,193,641 771,893 - 4,421,748 15%702,112 10%
Other Licenses, Fees & Permits 2,640,606 - 2,640,606 385,108 - 2,255,498 15%328,567 17%
Charges for Services 1,577,152 - 1,577,152 468,762 - 1,108,390 30%410,144 14%
Fines & Warrants 581,144 - 581,144 123,627 - 457,517 21%140,878 -12%
Intergovernmental Revenue (Grants)1,796,663 - 1,796,663 53,027 - 1,743,636 3%- 0%
Interest Income 750,000 - 750,000 96,477 - 653,523 13%101,353 -5%
Miscellaneous 332,071 - 332,071 86,414 - 245,657 26%29,776 190%
Park Fees 818,041 - 818,041 115,230 - 702,811 14%70,058 64%
Transfers In 10,389,929 - 10,389,929 3,601,116 - 6,788,813 35%4 369,674 874%
Total Revenues 68,240,564$ -$ 68,240,564$ 14,601,711$ -$ 53,638,853$ 21%17,600,016$ -17%
EXPENDITURES
Administration 12,177,072$ -$ 12,177,072$ 2,572,900$ 761,984$ 8,842,188$ 27%6 2,667,100$ -4%
Police 17,724,406 - 17,724,406 3,542,719 420,879 13,760,807 22%3 2,764,716 28%
Fire/EMS 15,945,810 - 15,945,810 3,606,105 219,051 12,120,654 24%3 2,542,118 42%
Public Works 5,512,375 - 5,512,375 856,667 1,031,809 3,623,899 34%6 607,956 41%
Community Services 9,346,688 - 9,346,688 1,672,809 1,211,677 6,462,202 31%6 1,859,813 -10%
Development Services 4,083,700 - 4,083,700 723,580 77,904 3,282,217 20%822,822 -12%
Engineering 2,708,971 - 2,708,971 584,422 5,888 2,118,661 22%534,340 9%
Transfers Out 710,000 - 710,000 - - 710,000 0%- 0%
Total Expenses 68,209,022$ -$ 68,209,022$ 13,559,200$ 3,729,193$ 50,920,629$ 25%11,798,866$ 15%
REVENUE OVER (UNDER) EXPENDITURES 31,542$ -$ 31,542$ 1,042,511$ 5,801,149$
Beginning Fund Balance October 1 11,792,309 11,792,309 13,226,939
Ending Fund Balance*11,823,851$ 12,834,820$ 19,028,088$
Notes
1 Property taxes are billed in October and a majority of collections occur December through February. Lower than normal collections through December, catching up in January
2 Franchise fees and other various license and fees are paid quarterly or annually.
3 Higher amounts vs prior years due to Special Purpose District salaries being moved to General Fund. Offset by Transfers In.
4 Increase in Transfers In vs prior year related to transfers from Capital Project and Special Purpose District funds for salaries.
5 Quarterly filer paid early in FY25 resulting in a higherthan normal October collection amount.
6 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months.
*Fund Balance Contingency per Charter and Reserve for FY26 = $11,821,706 (21%). This is $341,747 below the 21% target due to encumbrance accounting,
which overstates the expenditures until the purchase item is received.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
GENERAL FUND
Page 3 of 34 Page 17
Item 6.
$5,180,098
$2,989,721
$730,239 $771,893
$12,087,933
$2,858,783
$500,738 $702,112
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
$12,000,000
$14,000,000
Property Taxes Sales Taxes Franchise Fees Building Permits
GENERAL FUND REVENUE
Current Year to Prior Year Actual
Current Year Prior Year
Page 4 of 34 Page 18
Item 6.
20%
23%
16%15%15%
30%
13%
Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses,
Fees & Permits
Charges for
Services
Interest Income
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
GENERAL FUND REVENUE
Year to Date Percentage of Budget
Page 5 of 34 Page 19
Item 6.
0
500,000
1,000,000
1,500,000
2,000,000
2,500,000
Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept
Sales Tax Revenue by Month
FY 21/22 FY22/23 FY23/24 FY24/25 FY25/26
Page 6 of 34 Page 20
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Property Taxes-Delinquent 75,000$ -$ 75,000$ (32,065)$ -$ 107,065$ -43%5,847$ -648%
Property Taxes-Current 20,684,204 - 20,684,204 4,257,786 - 16,426,418 21%1 9,694,131 -56%
Taxes-Penalties 40,000 - 40,000 2,068 - 37,932 5%1,420 46%
Interest Income 145,000 - 145,000 30,345 - 114,655 21%40,277 -25%
Transfer In - - - - - - 0%- 0%
Total Revenues 20,944,204$ -$ 20,944,204$ 4,258,134$ -$ 16,686,070$ 20%9,741,675$ -56%
EXPENDITURES
Professional Services -$ -$ -$ 2,500$ -$ (2,500)$ 0%-$ 0%
Bond Administrative Fees 20,000 - 20,000 500 - 19,500 3%- 0%
2014 GO Bond Payment - - - 550,000 - (550,000) 0%3 - 0%
2015 GO Bond Payment 1,444,300 - 1,444,300 - - 1,444,300 0%- 0%
2015 CO Bond Payment - - - - - - 0%- 0%
2016 GO Debt Payment 250,000 - 250,000 - - 250,000 0%- 0%
2016 CO Debt Payment 470,000 - 470,000 - - 470,000 0%- 0%
2017 CO Debt Payment 490,000 - 490,000 - - 490,000 0%- 0%
2018 GO Debt Payment 170,000 - 170,000 - - 170,000 0%- 0%
2018 CO Debt Payment 560,000 - 560,000 - - 560,000 0%2 - 0%
2019 CO Debt Payment 564,212 - 564,212 - - 564,212 0%- 0%
2019 GO Debt Payment 175,000 - 175,000 - - 175,000 0%- 0%
2020 CO Debt Payment 445,000 - 445,000 - - 445,000 0%- 0%
2021 CO Debt Payment 270,000 - 270,000 - - 270,000 0%- 0%
2021 GO Debt Payment 1,205,000 - 1,205,000 - - 1,205,000 0%- 0%
2022 GO Debt Payment 1,070,000 - 1,070,000 - - 1,070,000 0%- 0%
2023 GO Debt Payment 1,340,000 - 1,340,000 - - 1,340,000 0%- 0%
2024 GO Debt Payment 1,035,000 - 1,035,000 - - 1,035,000 0%- 0%
2025 GO Debt Payment 3,150,000 - 3,150,000 - - 3,150,000 0%- 0%
Bond Interest Expense 8,506,816 - 8,506,816 5,806 - 8,501,010 0%- 0%
Total Expenditures 21,165,328$ -$ 21,165,328$ 558,806$ -$ 20,606,522$ 3%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES (221,124)$ -$ (221,124)$ 3,699,329$ 9,741,675$
Beginning Fund Balance October 1 838,442 838,442 1,245,232
Ending Fund Balance Current Month 617,318$ 4,537,771$ 10,986,907$
Notes
1 Property taxes are billed in October and the majority of collections occur December through February. Capital Dedicated transfers do not effect Debt Service Fund.
2 Annual debt service payments are made in February and August.
3 Redemption of the remaining $550,000 completed in November 2025.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
DEBT SERVICE FUND
Page 7 of 34 Page 21
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 417,648$
East Thoroughfare Other Revenue - - - -
Interest Income 100,000 - 100,000 31,373
Total Revenues 1,300,000$ -$ 1,300,000$ 449,021$
EXPENDITURES
Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ -$ -$ 250,000$ -$ 250,000$
Total Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ -$ -$ 250,000$ -$ 250,000$
Transfer to Capital Project Fund 2,400,000$ 2,400,000$ -$ 2,400,000$ -$ 2,400,000$ 2,400,000$
Total Transfers Out 2,400,000$ 2,400,000$ -$ 2,400,000$ -$ -$ 2,400,000$ -$ 2,400,000$
Total Expenditures 2,650,000$ 2,650,000$ -$ 2,650,000$ -$ -$ 2,650,000$ -$ 2,650,000$
REVENUE OVER (UNDER) EXPENDITURES (1,350,000)$ 449,021$
Beginning Fund Balance October 1 1,830,283 1,830,283
Ending Fund Balance Current Month 480,283$ 2,279,304$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
EAST THOROUGHFARE IMPACT FEES FUND
Page 8 of 34 Page 22
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
West Thoroughfare Impact Fees 4,500,000$ -$ 4,500,000$ 1,317,929$
West Thoroughfare Other Revenue - - - -
Interest Income 200,000 - 200,000 81,243
Total Revenues 4,700,000$ -$ 4,700,000$ 1,399,172$
EXPENDITURES
Developer Reimbursements
Pk Place, Prosper Hills, Prosper Meadow 4,014,469$ 900,000$ -$ 900,000$ -$ -$ 900,000$ 125,492$ 3,888,977$
Star Trail Developer Reimb 6,872,624 - - - - - - 6,872,624 -
Legacy Garden Developer Reimb 3,407,300 - - - - - - 511,737 2,895,563
DNT Frontier Retail 2,154,348 600,000 - 600,000 - - 600,000 1,343,841 810,507
Total Developer Reimbursements 16,448,741$ 1,500,000$ -$ 1,500,000$ -$ -$ 1,500,000$ 8,853,694$ 7,595,047$
Transfer to Capital Project Fund 3,000,000$ 3,000,000$ -$ 3,000,000$ -$ 3,000,000$ -$ 3,000,000$
Total Transfers Out 3,000,000$ 3,000,000$ -$ 3,000,000$ -$ -$ 3,000,000$ -$ 3,000,000$
Total Expenditures 20,098,741$ 4,500,000$ -$ 4,500,000$ -$ -$ 4,500,000$ 8,853,694$ 11,245,047$
REVENUE OVER (UNDER) EXPENDITURES 200,000$ 1,399,172$
Beginning Fund Balance October 1 4,247,989 4,247,989
Ending Fund Balance Current Month 4,447,989$ 5,647,161$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
WEST THOROUGHFARE IMPACT FEES FUND
Page 9 of 34 Page 23
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Impact Fees Water 3,250,000$ -$ 3,250,000$ 564,455$
Interest Income 200,000 - 200,000 100,379
Total Revenues 3,450,000$ -$ 3,450,000$ 664,834$
EXPENDITURES
Developer Reimbursements
DNT Frontier Retail 343,542$ 200,000$ -$ 200,000$ - -$ 200,000$ 54,252$ 289,290$
Star Trail 3,200,733 500,000 - 500,000 - - 500,000 3,200,733 -
Victory at Frontier 209,392 68,031 - 68,031 - - 68,031 168,869 40,523
Pk Place, Prosper Hills, Prosper Meadow 1,406,859 1,022,502 - 1,022,502 - - 1,022,502 - 1,406,859
Total Developer Reimbursements 5,160,526$ 1,790,533$ -$ 1,790,533$ -$ -$ 1,790,533$ 3,423,854$ 1,736,672$
Transfer to Capital Project Fund -$ 4,300,000$ -$ 4,300,000$ -$ -$ 4,300,000$ -$
Total Transfers Out -$ 4,300,000$ -$ 4,300,000$ -$ -$ 4,300,000$ -$ -$
Total Expenditures 5,160,526$ 6,090,533$ -$ 6,090,533$ -$ -$ 6,090,533$ 3,423,854$ 1,736,672$
REVENUE OVER (UNDER) EXPENDITURES (2,640,533)$ 664,834$
Beginning Fund Balance October 1 7,566,307 7,566,307
Ending Fund Balance Current Month 4,925,774$ 8,231,141$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
WATER IMPACT FEES FUND
Page 10 of 34 Page 24
Item 6.
Current Year Current Year Current Year Project
Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance
REVENUES
Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 301,060$
Interest Income 100,000 - 100,000 32,689
Upper Trinity Equity Fee 300,000 - 300,000 30,000
Total Revenues 2,400,000$ -$ 2,400,000$ 363,749$
EXPENDITURES
Developer Reimbursements
LaCima Developer Reimb 707,235$ 308,726$ -$ 308,726$ -$ -$ 308,726$ 414,818$ 292,417$
All Storage Developer Reimb 454,900 150,000 - 150,000 - - 150,000 54,180 400,720
Pk Place, Prosper Hills, Prosper Meadow 186,169 100,000 - 100,000 - - 100,000 - 186,169
Total Developer Reimbursements 1,348,304$ 558,726$ -$ 558,726$ -$ -$ 558,726$ 468,998$ 879,306$
Transfer to Capital Project Fund 2,568,378$ 2,568,378$ -$ 2,568,378$ -$ -$ 2,568,378$ -$ 2,568,378$
Total Transfers Out 2,568,378$ 2,568,378$ -$ 2,568,378$ -$ -$ 2,568,378$ -$ 2,568,378$
Total Expenditures 3,916,682$ 3,127,104$ -$ 3,127,104$ -$ -$ 3,127,104$ 468,998$ 3,447,684$
REVENUE OVER (UNDER) EXPENDITURES (727,104)$ 363,749$
Beginning Fund Balance October 1 2,580,569 2,580,569
Ending Fund Balance Current Month 1,853,465$ 2,944,318$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
WASTEWATER IMPACT FEES FUND
Page 11 of 34 Page 25
Item 6.
EAST THOROUGHFARE WEST THOROUGHFARE WATER WASTEWATER
ANNUAL BUDGET $1,200,000 4,500,000 $3,250,000 $2,000,000
YTD ACTUAL $417,648 $1,317,929 $564,455 $301,060
% OF BUDGET 35%29%17%15%
35%
29%
17%
15%
$-
$500,000
$1,000,000
$1,500,000
$2,000,000
$2,500,000
$3,000,000
$3,500,000
$4,000,000
$4,500,000
$5,000,000
IMPACT FEE REVENUE
YTD Actual to Annual Budget
Page 12 of 34 Page 26
Item 6.
Original Budget Amended Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Impact Fee Revenue:
Water Impact Fees 50,000$ -$ 50,000$ 3,821$ 46,179$ 8%27,508$ -86%
Wastewater Impact Fees 700,000 - 700,000 36,686 663,314 5%65,470 -44%
East Thoroughfare Impact Fees 50,000 - 50,000 4,589 45,411 9%27,984 -84%
Property Taxes - Town (Current)1,376,961 - 1,376,961 - 1,376,961 0%- 0%
Property Taxes - Town (Rollback)- - - - - 0%- 0%
Property Taxes - County (Current)295,022 - 295,022 - 295,022 0%- 0%
Sales Taxes - Town 1,386,765 - 1,386,765 305,165 1,081,600 22%286,757 6%
Sales Taxes - EDC 1,161,416 - 1,161,416 255,576 905,840 22%240,159 6%
Interest Income 50,000 - 50,000 24,744 25,256 49%25,684 -4%
Transfer In - - - - - 0%- 0%
Total Revenue 5,070,164$ -$ 5,070,164$ 630,582$ 4,439,582$ 12%673,561$ -6%
EXPENDITURES
Professional Services 3,000$ -$ 3,000$ -$ 3,000$ 0%-$ 0%
Developer Reimbursement 6,480,373 - 6,480,373 - 6,480,373 0%- 0%
Transfers Out - - - - - 0%- 0%
Total Expenses 6,483,373$ -$ 6,483,373$ -$ 6,483,373$ 0%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES (1,413,209)$ 630,582$ 673,561$
Beginning Fund Balance October 1 1,438,209 1,438,209 2,542,101
Ending Fund Balance Current Month 25,000$ 2,068,791$ 3,215,662$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
TIRZ #1 - BLUE STAR
Page 13 of 34 Page 27
Item 6.
Original Budget Amended Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Property Taxes - Town (Current)151,173$ -$ 151,173$ -$ 151,173$ 0%-$ 0%
Property Taxes - Town (Rollback)- - - - - 0%- 0%
Property Taxes - County (Current)9,285 - 9,285 - 9,285 0%- 0%
Sales Taxes - Town 2,200 - 2,200 290 1,910 13%222 31%
Sales Taxes - EDC 2,200 - 2,200 290 1,910 13%222 31%
Interest Income 1,500 - 1,500 493 1,007 33%256 93%
Total Revenue 166,358$ -$ 166,358$ 1,073$ 165,285$ 1%699$ 54%
EXPENDITURES
Professional Services -$ -$ -$ -$ -$ 0%-$ 0%
Developer Reimbursement 184,122 - 184,122 - 184,122 0%- 0%
Transfers Out - - - - - 0%- 0%
Total Expenditures 184,122$ -$ 184,122$ -$ 184,122$ 0%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES (17,764)$ 1,073$ 699$
Beginning Fund Balance October 1 42,764 42,764 25,751
Ending Fund Balance Current Month 25,000$ 43,837$ 26,450$
TIRZ #2
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
Page 14 of 34 Page 28
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 3,426,536$ -$ 3,426,536$ 797,131$ -$ 2,629,405$ 23%759,405$ 5%
Interest Income 1,200 - 1,200 377 - 823 31%444 -15%
Other - - - - - - 0%- 0%
Total Revenue 3,427,736$ -$ 3,427,736$ 797,508$ -$ 2,630,228$ 23%759,849$ 5%
EXPENDITURES
Personnel -$ -$ -$ -$ -$ -$ 0%585,743$ -100%
Other 1,200 - 1,200 - - 1,200 0%- 0%
Transfer Out 3,426,536 - 3,426,536 797,131 - 2,629,405 23%1 - 0%
Total Expenditures 3,427,736$ -$ 3,427,736$ 797,131$ -$ 2,630,605$ 23%585,743$ -100%
REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 377$ 174,107$
Beginning Fund Balance October 1 263,479 263,479 398,065
Ending Fund Balance Current Month 263,479$ 263,856$ 572,172$
Notes
1 Payroll costs will be tranferred monthly.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT
Page 15 of 34 Page 29
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sales Tax - Town 3,460,319$ -$ 3,460,319$ 797,571$ -$ 2,662,748$ 23%759,066$ 5%
Interest Income 600 - 600 402 - 198 67%128 215%
Other - - - - - - 0%- 0%
Total Revenue 3,460,919$ -$ 3,460,919$ 797,972$ -$ 2,662,947$ 23%759,194$ 5%
EXPENDITURES
Personnel -$ -$ -$ -$ -$ -$ 0%686,794$ -100%
Other 2,400 - 2,400 - - 2,400 0%- 0%
Transfer Out 3,458,519 - 3,458,519 797,571 - 2,660,948 23%1 - 0%
Total Expenditures 3,460,919$ -$ 3,460,919$ 797,571$ -$ 2,663,348$ 23%686,794$ -100%
REVENUE OVER (UNDER) EXPENDITURES -$ -$ -$ 402$ 72,399$
Beginning Fund Balance October 1 75,896 75,896 382,940
Ending Fund Balance Current Month 75,896$ 76,298$ 455,339$
Notes
1 Payroll costs will be tranferred monthly.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT
Page 16 of 34 Page 30
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Park Dedication Fees 1,550,000$ -$ 1,550,000$ -$ -$ 1,550,000$ 0%-$ 0%
Park Improvement Fees 800,000 - 800,000 4,500 - 795,500 1%360,000 -99%
Interest - Park Dedication 20,000 - 20,000 17,275 - 2,725 86%11,584 49%
Interest - Park Improvement 20,000 - 20,000 11,533 - 8,467 58%2,692 328%
Contributions/Grants - - - - - - 0%- 0%
Transfers In - - - - - - 0%- 0%
Total Revenue 2,390,000$ -$ 2,390,000$ 33,308$ -$ 2,356,692$ 1%374,276$ -91%
EXPENDITURES
Transfers Out - Park Dedication 1,400,000$ -$ 1,400,000$ -$ -$ 1,400,000$ 0%-$ 0%
Park Dedication - - - - - - 0%- 0%
Transfers Out - Park Improvement 750,000 - 750,000 - - 750,000 0%- 0%
Park Improvement - - - - - - 0%- 0%
Total Expenditures 2,150,000$ -$ 2,150,000$ -$ -$ 2,150,000$ 0%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES 240,000$ -$ 240,000$ 33,308$ 374,276$
Beginning Fund Balance October 1 1,416,524 1,416,524 1,232,390
Ending Fund Balance Current Month 1,656,524$ 1,449,832$ 1,606,666$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
PARK DEDICATION AND IMPROVEMENT FUND
Page 17 of 34 Page 31
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Interest Income 31,550$ -$ 31,550$ 16,579$ -$ 14,971$ 53%81,702$ -80%
Police Donation Revenue 15,500 - 15,500 5,379 - 10,121 35%6,829 -21%
Cash Seizure Forfeiture - - - 22,019 - (22,019) 0%1,495 1373%
Fire Donation Revenue 15,500 - 15,500 4,440 - 11,060 29%3,966 12%
Child Safety Revenue 28,000 - 28,000 - - 28,000 0%1,394 -100%
Court Technology/Security Revenue 16,723 - 16,723 9,088 - 7,635 54%8,037 13%
Municipal Jury revenue 170 - 170 102 - 68 60%90 14%
Tree Mitigation 300,000 - 300,000 48,747 - 251,253 16%- 0%
Escrow Income - - - - - - 0%- 0%
LEOSE Revenue 3,000 - 3,000 - - 3,000 0%- 0%
60-A Inspection Revenue - - - 960 - (960) 0%- 0%
Transfer In - - - - - - 0%- 0%
Total Revenue 410,443$ -$ 410,443$ 107,314$ -$ 303,129$ 26%103,513$ 4%
EXPENDITURES
Police Donation Expense 25,000$ -$ 25,000$ 6,228$ -$ 18,772$ 25%-$ 0%
Police Seizure Expense 23,000 (15,000) 8,000 1,646 2,119 4,236 47%- 0%
Fire Donation Expense 10,000 - 10,000 555 - 9,445 6%29,890 -98%
Child Safety Expense 80,000 - 80,000 1,235 3,442 75,323 6%- 0%
Court Technology/Security Expense 25,060 - 25,060 - - 25,060 0%- 0%
Tree Mitigation Expense - - - - - - 0%- 0%
LEOSE Expense 10,000 - 10,000 - - 10,000 0%- 0%
60-A Inspection Expense - - - - - - 0%- 0%
Transfer Out (Escrow Funds)- - - - - - 0%- 0%
Transfer Out (Tree Mitigation)850,000 - 850,000 - - 850,000 0%- 0%
Total Expenses 1,023,060$ (15,000)$ 1,008,060$ 9,663$ 5,560$ 992,836$ 2%29,890$ -68%
REVENUE OVER (UNDER) EXPENDITURES (612,617)$ 15,000$ (597,617)$ 97,650$ 73,623$
Beginning Fund Balance October 1 2,733,034 2,733,034 2,356,265
Ending Fund Balance Current Month 2,135,417$ 2,830,684$ 2,429,888$
Notes
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
SPECIAL REVENUE FUNDS
Page 18 of 34 Page 32
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Hotel Occupancy Tax 302,675$ -$ 302,675$ -$ -$ 302,675$ 0%-$ 0%
Interest Income 2,000 - 2,000 - - 2,000 0%- 0%
Other - - - - - - 0%- 0%
Total Revenue 304,675$ -$ 304,675$ -$ -$ 304,675$ 0%-$ 0%
EXPENDITURES
Personnel -$ -$ -$ -$ -$ -$ 0%-$ 0%
Hotel Occupancy Tax Rebate 100,892 - 100,892 - - 100,892 0%- 0%
Other - - - - - - 0%- 0%
Total Expenditures 100,892$ -$ 100,892$ -$ -$ 100,892$ 0%-$ 0%
REVENUE OVER (UNDER) EXPENDITURES 203,783$ -$ 203,783$ -$ -$
Beginning Fund Balance October 1 - - -
Ending Fund Balance Current Month 203,783$ -$ -$
Notes
*Holiday Inn Express opened November 13, 2025.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
HOTEL OCCUPANCY TAX FUND
Page 19 of 34 Page 33
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Water Charges for Services 27,821,398$ -$ 27,821,398$ 6,009,503$ -$ 21,811,895$ 22%4 5,947,811$ 1%
Sewer Charges for Services 18,074,593 - 18,074,593 4,007,671 - 14,066,922 22%4 3,310,777 21%
Licenses, Fees & Permits 193,000 - 193,000 129,302 - 63,698 67%123,047 5%
Utility Billing Penalties 205,500 - 205,500 65,582 - 139,918 32%2 83,699 -22%
Interest Income 350,000 - 350,000 123,948 - 226,052 35%147,060 -16%
Other 691,700 - 691,700 239,968 - 451,732 35%194,541 23%
Transfer In - - - - - - 0 - 0%
Total Revenues 47,336,191$ -$ 47,336,191$ 10,575,974$ -$ 36,760,217$ 22%9,806,935$ 8%
EXPENDITURES
Administration 996,176$ -$ 996,176$ 616,790$ 102,596$ 276,789$ 72%3,5 533,073$ 16%
Debt Service 8,313,546 - 8,313,546 1,550 - 8,311,996 0%1 - 0%
Water Purchases 15,819,798 - 15,819,798 3,757,182 - 12,062,616 24%6 2,241,611 68%
Wastewater Treatment Fees 6,035,065 - 6,035,065 1,301,956 - 4,733,109 22%1,432,313 -9%
Franchise Fee 2,172,380 - 2,172,380 491,004 - 1,681,376 23%284,214 73%
Public Works 10,776,413 - 10,776,413 2,394,117 620,258 7,762,038 28%3 2,219,608 8%
Transfer Out 1,829,753 - 1,829,753 457,438 - 1,372,315 25%330,175 39%
Total Expenses 45,943,131$ -$ 45,943,131$ 9,020,037$ 722,854$ 36,200,240$ 21%7,040,993$ 28%
REVENUE OVER (UNDER) EXPENDITURES 1,393,060$ -$ 1,393,060$ 1,555,937$ 2,765,941$
Beginning Working Capital October 1 15,641,775 15,641,775 12,212,476
*Ending Working Capital 17,034,835$ 17,197,712$ 14,978,417$
Notes
1 Annual debt service payments are made in February and August.
2 FY25 initiatives to encourage auto-drafts and payment reminders have resulted in more timely payments and a reduction of penalties.
3 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months.
4 Charges for services are low in the winter months and peak in summer causing revenues to show lower than expected in the early months of the fiscal year.
5 Property and Liablility insurance paid early in the fiscal year causing higher than expected YTD percentages.
6 December invoice paid in January for prior year, resluting in a lower YTD amount in FY25 vs. FY26.
*Minimum Ending Working Capital balance for FY26 = $10,637,474 (25%).
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
WATER-SEWER FUND
Page 20 of 34 Page 34
Item 6.
Dec-25 Dec-24 Growth %
WATER SEWER WATER SEWER Change
# of Accts Residential 14,241 13,540 13,666 12,968 4.31%575
# of Accts Commercial 522 476 478 432 9.67%44
Consumption-Residential 121,904,560 94,329,388 124,321,640 91,289,820 0.29%
Consumption-Commercial 27,159,480 19,325,600 25,698,100 17,538,160 7.51%
Consumption-Commercial Irrigation 16,778,390 21,378,110 -21.52%
Avg Total Res Water Consumption 8,559 9,080 -5.74%
Billed ($) Residential 974,811$ 1,128,511$ 929,362$ 943,652$ 4.89%
Billed ($) Commercial 258,894$ 244,676$ 268,315$ 183,128$ -3.51%
Billed ($) Commercial Irrigation 164,935$ 201,829$ -18.28%
Total Billed ($)1,398,640$ 1,373,188$ 1,399,505$ 1,126,780$ 9.72%
Five Year Cumulative
Month Avg. Temp (°F)# Rain Days Rainfall (in)Avg. Temp (°F)# Rain Days Rainfall (in)Month FY2026 FY2025 Average Average
October 73°4 3.05 75°1 0.41 October 15,618 17,490 17,477 17,477
November 63°7 4.1 61°9 4.09 November 12,738 14,260 11,974 29,450
December 54°2 0.03 61°13 5.91 December 8,559 9,080 7,760 37,211
January 43°6 5.94 January 6,340 6,932 44,142
February 49°10 2.12 February 6,090 6,344 50,487
March 64°7 1.31 March 6,308 6,631 57,117
April 69°10 4.65 April 10,638 9,897 67,014
May 74°10 6.07 May 11,310 11,332 78,347
June 82°6 3.09 June 13,536 11,912 90,259
July 85°11 2.58 July 15,430 18,548 108,806
August 85°4 2.97 August 19,802 22,581 131,387
September 81°6 3.08 September 18,840 20,443 151,830
Annual 13 7.18 93 42.22 TOTAL (gal)36,915 149,124 151,830
Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2025-11
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25%
WATER-SEWER FUND
Average Total Residential Water Consumption by Month
FY2026 FY2025
Page 21 of 34 Page 35
Item 6.
22%22%
67%
32%
35%35%
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
WATER SEWER FUND
REVENUE YTD % OF ANNUAL BUDGET
Page 22 of 34 Page 36
Item 6.
$6,009,503
$3,757,182
$5,947,811
$2,241,611
$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
$7,000,000
Water Charges for Services Water Purchases
WATER REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year Prior Year
Page 23 of 34 Page 37
Item 6.
$4,007,671
$1,301,956
$3,310,777
$1,432,313
-
500,000
1,000,000
1,500,000
2,000,000
2,500,000
3,000,000
3,500,000
4,000,000
4,500,000
Sewer Charges for Services Wastewater Treatment Fees
SEWER REVENUE AND EXPENSE
Current YTD to Prior Year YTD Actual Comparison
Current Year Prior Year
Due to the timing of payments, prior year Sewer Management Fees were paid in Nov-2024
Page 24 of 34 Page 38
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
45-4 Storm Drainage Utility Fee 1,726,111$ -$ 1,726,111$ 336,569$ -$ 1,389,542$ 19%3 243,635$ 38%
Drainage Review Fee 25,000 - 25,000 5,900 - 19,100 24%- 0%
45-4 Interest Income 8,000 - 8,000 4,119 - 3,881 51%2,732 51%
Other Revenue - - - 12,000 - (12,000) 0%- 0%
Transfer In - - - - - - 0%- 0%
Total Revenue 1,759,111$ -$ 1,759,111$ 358,588$ -$ 1,400,523$ 20%246,367$ 46%
EXPENDITURES
Administration 558,690$ -$ 558,690$ 99,818$ -$ 458,872$ 18%90,941$ 10%
Debt Service 220,338 - 220,338 - - 220,338 0%2 - 0%
45-7 Operating Expenditures 119,546 (990) 118,556 10,333 887 107,336 9%5,262 96%
Capital 267,374 - 267,374 - - 267,374 0%- 0%
Transfers Out 229,954 - 229,954 7,488 - 222,466 3%1 39,499 -81%
Total Expenses 1,395,902$ (990)$ 1,394,912$ 117,640$ 887$ 1,276,385$ 8%135,701$ -13%
REVENUE OVER (UNDER) EXPENDITURES 363,209$ 990$ 364,199$ 240,948$ 110,666$
Beginning Working Capital October 1 47,158 47,158 251,393
Ending Working Capital Current Month 411,357$ 288,106$ 362,059$
Notes
1 Capital project funds are transferred as needed; General fund transfers are made monthly.
2 Annual debt service payments are made in February and August.
3 Stormwater fees raised for FY2026.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
STORMWATER DRAINAGE UTILITY FUND
Page 25 of 34 Page 39
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Sanitation Charges for Services 3,938,626$ -$ 3,938,626$ 1,010,392$ -$ 2,928,234$ 26%2 811,753$ 24%
Interest Income 3,500 - 3,500 3,227 - 273 92%1,369 136%
Transfer In - - - - - - 0%- 0%
Total Revenues 3,942,126$ -$ 3,942,126$ 1,013,619$ -$ 2,928,507$ 26%813,122$ 25%
EXPENDITURES
Administration 75,588$ (30,000)$ 45,588$ 13,176$ -$ 32,412$ 29%14,954$ -12%
Sanitation Collection 3,445,196 - 3,445,196 596,648 2,848,548 - 100%1 - 0%
Capital Expenditure - - - - - - 0%- 0%
Debt Service 257,501 - 257,501 64,375 - 193,126 25%- 0%
Transfer Out 195,951 30,000 225,951 41,488 - 184,463 18%- 0%
Total Expenses 3,974,236$ -$ 3,974,236$ 715,686$ 2,848,548$ 410,002$ 90%14,954$ 4686%
REVENUE OVER (UNDER) EXPENDITURES (32,110)$ -$ (32,110)$ 297,933$ 798,168$
Beginning Working Capital October 1 168,668 168,668 52,403
Ending Working Capital 136,558$ 466,601$ 850,571$
Notes
1 Full trash collection budget encumbered. Actual YTD spend is under expected percentage.
2 Town adopted a weekly bulk service pickup in February 2025.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
SOLID WASTE FUND
Page 26 of 34 Page 40
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Charges for Services 1,566,797$ 5,267$ 1,572,064$ 393,016$ -$ 1,179,048$ 25%393,016$ 0%
Grant Revenue - - - - - - 0%- 0%
Other Reimbursements - - - 13,650 - (13,650) 0%- 0%
Interest Income 250,000 - 250,000 49,716 - 200,284 20%59,513 -16%
Auction Proceeds 150,000 - 150,000 - - 150,000 0%107,500 -100%
Total Revenue 1,966,797$ 5,267$ 1,972,064$ 456,382$ -$ 1,515,682$ 45%560,029$ -116%
EXPENDITURES
Vehicle Replacement 1,972,462$ 400$ 1,972,862$ 112,653$ 1,066,073$ 794,135$ 60%1 149,425$ -25%
Equipment Replacement 77,706 1,089,094 1,166,800 56,815 751,619 358,366 69%1 - 0%
Technology Replacement 1,089,094 (1,089,094) - - - - 0%- 0%
Total Expenditures 3,139,262$ 400$ 3,139,662$ 169,468$ 1,817,692$ 1,152,502$ 63%149,425$ 13%
REVENUE OVER (UNDER) EXPENDITURES (1,172,465)$ 4,867$ (1,167,598)$ 286,914$ 410,604$
Beginning Fund Balance October 1 5,210,166 5,210,166 6,055,897
Ending Fund Balance Current Month 4,042,568$ 5,497,080$ 6,466,501$
Notes
1 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
VEHICLE AND EQUIPMENT REPLACEMENT FUND
Page 27 of 34 Page 41
Item 6.
Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from
Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year
REVENUES
Health Charges 7,231,912$ -$ 7,231,912$ 1,090,310$ -$ 6,141,602$ 15%1 1,094,328$ 0%
Cobra and Stop Loss Reimbursements 300,000 - 300,000 65,672 - 234,328 22%87,163 -25%
Interest Income 20,000 - 20,000 1,836 - 18,164 9%2,876 -36%
Transfers In 710,000 - 710,000 - - 710,000 0%
Total Revenue 8,261,912$ -$ 8,261,912$ 1,157,818$ -$ 7,104,094$ 14%1,184,367$ -2%
EXPENDITURES
Contractual Services 133,911$ -$ 133,911$ 43,580$ -$ 90,331$ 33%13,094$ 233%
Employee Health Insurance/Claims 8,371,480 - 8,371,480 1,784,493 619 6,586,368 21%1,462,257 22%
Total Expenditures 8,505,391$ -$ 8,505,391$ 1,828,073$ 619$ 6,676,699$ 22%1,475,351$ 24%
REVENUE OVER (UNDER) EXPENDITURES (243,479)$ -$ (243,479)$ (670,255)$ (290,984)$
Beginning Fund Balance October 1 435,819 435,819 148,135
Ending Fund Balance Current Month 192,340$ (234,436)$ (142,849)$
Notes
1 Health Chrages expected to increase later in the FY. New plan year starts January 2026. Additional staff bugeted February 2026.
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
Expected Year to Date Percent 25.0%
HEALTH INSURANCE FUND
Page 28 of 34 Page 42
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
REVENUES
Property Taxes - Capital Dedicated 10,500,000$ (10,500,000)$ -$ 2,262,180$
Contributions/Interlocal Revenue 3,600,000 - 3,600,000 -
Bond Proceeds - 2026 GO Bonds 23,297,062 - 23,297,062 -
Interest Income 3,000,000 - 3,000,000 1,084,070
Transfers In - Impact Fee Funds 5,500,000 - 5,500,000 -
Transfers In - Tree Mitigation 850,000 - 850,000 -
Transfers In - Park Dedication/Improvement 2,150,000 - 2,150,000 -
Grants - - - 243,637
Other Revenue - - - -
Transfers In - - - -
Total Revenues 48,897,062$ (10,500,000)$ 38,397,062$ 3,589,887$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
GOVERNMENTAL CAPITAL PROJECTS FUND
Page 29 of 34 Page 43
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
GOVERNMENTAL CAPITAL PROJECTS FUND
EXPENDITURES
Street & Traffic Projects
Street Projects
First Street (DNT - Coleman)24,758,067$ -$ -$ 24,758,067$ 2,867$ 87,046$ 3,466,462$ 21,201,693$
Coit Road (First-Frontier)27,789,900 - - 27,789,900 1,326,956 9,658,873 2,286,547 14,517,524
DNT Main Lane (US 380 - FM 428)7,671,186 - - 7,671,186 - - 5,114,123 2,557,063
Fishtrap (Elem-DNT)32,230,732 - - 32,230,732 71,779 461,859 31,499,530 197,563
Teel (US380 Intersection Improv.)- - 493,527 493,527 493,527 - - -
First Street (Coit-Custer) 4 Lanes 26,563,812 - - 26,563,812 210 17,000 26,372,036 174,567
Preston Road / First Street Dual Le 900,000 - - 900,000 - 22,077 71,523 806,400
Craig Street (Preston - Fifth)750,000 4,400,000 - 5,150,000 37,611 32,393 719,042 4,360,954
Coleman (Gorgeous - Talon)4,022,596 15,500,000 1 19,522,597 4,458 191,152 2,847,712 16,479,275
Legacy (Prairie - Fishtrap) - 4 lan 10,000,000 - 904,963 10,904,963 - 26,510 10,171,519 706,934
Teel Parkway (US 380 - Fishtrap Rd)6,040,289 - - 6,040,289 1,197 - 6,056,103 (17,012)
Coit Road / US 380 SB Dual Left Tur 27,917 - - 27,917 - 2,064 23,986 1,867
Parvin (FM 1385 - Legacy)500,000 - - 500,000 - - 500,000 -
Street Impact Fee Analysis 105,627 - - 105,627 1,750 121 57,110 46,645
US 380 Deceleration Lanes - Denton 500,000 - - 500,000 - - 43,600 456,400
Safety Way (Cook - Technology)800,000 - - 800,000 - - 454,085 345,915
Gorgeous/McKinley 700,000 - - 700,000 - - 608,940 91,060
First Street (Coleman - Craig)2,500,000 - - 2,500,000 - 58,489 516,408 1,925,103
Gee Road (US 380 - FM 1385) - 2 NB 3,900,000 1,100,000 - 5,000,000 5,020 145,832 1,590,688 3,258,460
Frontier Parkway (Legacy - DNT)300,000 - - 300,000 - - 300,000 -
Star Trail, Phase 5: Street Repairs 1,450,000 - - 1,450,000 - 300,000 - 1,150,000
Prosper Trail (Coit - Custer) - 2 W 1,400,000 - - 1,400,000 54,308 130,515 578,178 637,000
Windsong Parkway/US 380 Dual Left T 152,620 - - 152,620 - - 73,318 79,302
Legacy Drive (Prosper Tr. to P - - 10,000 10,000 - - 167 9,833
Coleman St (First-Georgeous)660,000 - - 660,000 - 278,698 381,902 (600)
Teel Parkway (First-Freeman)855,510 - 26,690 882,200 - 235,847 619,844 26,510
Legacy (First St. - Prosper Tr 200,000 - - 200,000 134,800 - - 65,200
Legacy (First St. - Prosper Tr 550,000 - - 550,000 - - - 550,000
Prosper Trail (Legacy - DNT)1,200,000 - - 1,200,000 97,145 623,550 260,306 219,000
Roundabout Peer Review and Tho 28,500 - - 28,500 - 4,463 24,038 -
West Gorgeous (McKinley-Colema 230,000 - - 230,000 - 138,868 84,128 7,004
Godwin Parkway (DNT - BNSF RR)- 2,000,000 - 2,000,000 - - - 2,000,000
Whitley Place/First St. - Open Spac - 250,000 - 250,000 - - - 250,000
Unprogrammed Future Projects 522,874 - (27,917) 494,957 - - - 494,957
Page 30 of 34 Page 44
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
GOVERNMENTAL CAPITAL PROJECTS FUND
Street & Traffic Projects
Traffic Projects
Fifth Street Quiet Zone 500,000 - - 500,000 - - - 500,000
Traffic Signal - Fishtrap & Artesia 525,000 140,000 - 665,000 1,305 6,707 323,079 333,909
Median Lighting US 380 (Mahard-Love 300,000 - - 300,000 - - - 300,000
Traffic Signal - DNT/Frontier 281,500 - - 281,500 - 56,637 213,560 11,303
Traffic Signal - Teel Pkway & Prair 525,000 140,000 (1,280) 663,720 - 521,774 39,304 102,642
Traffic Signal Acacia Parkway/Gee R 667,573 - - 667,573 - 21,180 645,373 1,020
Traffic Signal First Street/Legacy 992,259 - 1,280 993,539 - 745,311 246,948 1,280
Opticom Repair/Installation 85,000 - - 85,000 - 6,960 75,597 2,443
Gee/Lockwood Pedestrian Hybrid 357,113 - - 357,113 42,356 194,087 113,650 7,020
First/Copper Canyon Pedestrian 331,054 - - 331,054 42,356 171,551 108,867 8,280
First/Chaucer Pedestrian Hybri 316,374 - - 316,374 42,356 159,071 106,658 8,290
Tr. Signal (Denton-Fishtrap)390,428 - - 390,428 - - 377,974 12,454
Traffic Improvement Projects (767,160 1,500,000 - 2,267,160 5,655 - - 2,261,505
Traffic Signal Comunications P 495,000 - - 495,000 - - - 495,000
Traffic Signal - Legacy & Prai 525,000 140,000 - 665,000 - - - 665,000
School Zone Flashers 140,544 - - 140,544 - - 140,544 -
Traffic Equipment 15,928 - - 15,928 - - 15,928 -
Crosswalk Development Projects 140,000 - - 140,000 57,839 5,101 62,984 14,076
Traffic Signal - Legacy & Prosper T - 85,000 - 85,000 - - - 85,000
Traffic Signal - Legacy & Starwood - 85,000 - 85,000 - - - 85,000
Total Street & Traffic Projects 164,664,563$ 25,340,000$ 1,407,264$ 191,411,826$ 2,423,495$ 14,303,733$ 97,191,761$ 77,492,839$
Page 31 of 34 Page 45
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
GOVERNMENTAL CAPITAL PROJECTS FUND
Park Projects
Neighborhood Park
Windsong Park #3 350,000$ -$ -$ 350,000$ 307,824$ -$ -$ 42,176$
Lakewood Preserve, Phase 2 5,587,255 - (1) 5,587,255 8,889 5,499 5,563,948 8,919
Downtown Park (Broadway/Parvin)1,158,240 200,000 (120,000) 1,238,240 2,825 4,122 99,058 1,132,235
Raymond Community Park Dam Repair - 350,000 - 350,000 - 101,000 - 249,000
Playground Shade Structures - Lakew - 200,000 - 200,000 - - - 200,000
Security Cameras - Raymond Communit - 250,000 - 250,000 - - - 250,000
Pecan Grove & Whitley Place HOA Irr - 125,000 - 125,000 - - - 125,000
Mirabella Park (Tellus)- 500,000 - 500,000 - - - 500,000
Creekside Park (Shaddock)- 445,000 - 445,000 - - - 445,000
Trails
Doe Branch Trail Connections 1,684,000 - - 1,684,000 - 425,264 124,111 1,134,624
Downtown Improvements
Downtown Improvements 329,383 - 9,930 339,313 74,057 17,866 239,166 8,224
Downtown Monumentation 164,700 - 40,531 205,231 - 40,890 164,341 -
Downtown Monumentation, Broadway &370,000 255,000 (43,461) 581,539 - - - 581,539
Prosper Parking Lot and Alley Impro 552,500 - (1,000) 551,500 555 21,950 100,550 428,445
Community Park
Raymond Community Park 24,787,000 128,000 390,000 25,305,000 2,829,635 2,919,072 17,375,181 2,181,112
Raymond Comm. Park, Trail/Brid 916,802 - - 916,802 - 916,535 - 267
Froniter Park Pond Repairs 473,000 - - 473,000 - 33,768 420,123 19,109
Frontier Park Concrete Repairs 120,000 - - 120,000 - - - 120,000
Parks & Recreation Admin Facil 80,000 - - 80,000 - - 72,803 7,197
Doe Branch Property Masterplan 140,000 - - 140,000 20,100 31,800 82,700 5,400
Dream Park - 3,000,000 - 3,000,000 21 2,057,990 - 941,989
Playgr. Shade Struct.-Pecan Gr 160,000 - - 160,000 - - 158,923 1,077
Median/ Landscape Screening
US 380 Green Ribbon Lndscp- Irrigat 2,295,000 - - 2,295,000 319,629 217,895 1,281,909 475,567
Mahard Medians - 500,000 - 500,000 5,400 44,600 - 450,000
Prairie Medians - 250,000 - 250,000 - 50,000 - 200,000
Richland Median Lndscp (Prosper Com - 150,000 - 150,000 - - - 150,000
Prosper Trail Screening (Preston -550,000 - - 550,000 45,739 29,836 472,986 1,439
Parks Master Plan Update 140,000 - - 140,000 - - 132,707 7,293
Unprogrammed Future Projects 400,190 - - 400,190 - - - 400,190
Total Park Projects 40,258,070$ 6,353,000$ 275,999$ 46,887,069$ 3,614,674$ 6,918,087$ 26,288,505$ 10,065,802$
Page 32 of 34 Page 46
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Years Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
GOVERNMENTAL CAPITAL PROJECTS FUND
Facility Projects
Public Safety
Fire Station #4 Design 950,680$ -$ -$ 950,680$ 23,859$ 85,026$ 856,971$ (15,175)$
Fire Station #4 Other Developm 413,422 - - 413,422 4,621 28,111 111,496 269,195
Fire Station #4 Construction 11,610,003 - - 11,610,003 2,205,629 2,722,527 6,534,244 147,602
Fire Station #4 (FF&E)700,000 - - 700,000 - 293,294 - 406,706
Public Safety Fiber Ring 1,000,000 - - 1,000,000 - 76,621 - 923,380
PD Needs Assessment 78,740 - 1 78,741 11,775 - 66,966 -
Town Hall HVAC Unit - - 61,933 61,933 - 61,933 - -
Repairs Fire Station 2 - - 57,429 57,429 - 57,429 - -
Central Fire BAS System - - 65,732 65,732 - 65,732 - -
Fire Station 2 BAS System - - 16,435 16,435 - 16,435 - -
Fire Station 3 BAS System - - 39,694 39,694 - 39,694 - -
Quint Fire Engine (New Central Fire 1,495,000 - 1,495,000 - - 1,469,880 25,120
Ambulance (New Central Fire Station 495,000 - 495,000 - - 487,388 7,612
Fire Engine Station #4 1,250,000 - 1,250,000 - - 1,246,418 3,582
Ambulance Station #4 552,000 - 552,000 - - 551,600 401
Non-Public Safety
Parks & Public Works, Phase 1 5,802,938 5,397,062 - 11,200,000 98,320 1,143,203 777,468 9,181,009
Finish Out Interior Spaces Town Hal 685,416 - 685,416 104,028 161,663 419,725 -
Library Master Pan 130,000 - 130,000 - 13,989 116,011 -
Town Hall Repairs - N. Parking 290,892 - - 290,892 37,466 202,937 50,489 -
Facility Improvement Projects - 300,000 (241,223) 58,777 - - - 58,777
Unprogrammed Future Projects 511,916 - - 511,916 - - - 511,916
Total Facility Projects 25,966,007$ 5,697,062$ 1$ 31,663,071$ 2,485,697$ 4,968,593$ 12,688,657$ 11,520,125$
Transfer Out
CIP Salaries - Streets -$ 400,000$ -$ 400,000$ 400,000$ -$ -$ -$
CIP Salaries - Parks - 300,000 - 300,000 300,000 - - -
CIP Salaries - Facilities - 300,000 - 300,000 300,000 - - -
Total Expenditures 230,888,640$ 38,390,062$ 1,683,264$ 270,961,966$ 9,523,866$ 26,190,413$ 136,168,922$ 99,078,766$
REVENUE OVER (UNDER) EXPENDITURES (232,564,904)$ (5,933,979)$
Beginning Fund Balance (Restricted for Capital Projects) October 1 79,149,405 79,149,405
Ending Fund Balance (Restricted for Capital Projects) Current Month (153,415,499)$ 73,215,426$
Page 33 of 34 Page 47
Item 6.
Prior Year Current Year Current Year Life to Date Project
Project Original Budget Amended Current Year Current Year Prior Year Budget
Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance
REVENUES
Interest Income 807,800$ -$ 807,800$ 602,709$
Bond Proceeds 26,538,619 - 26,538,619 -
Grant Revenue - - - -
Transfers In - - - -
Transfers In - Impact Fee Funds 6,868,378 - 6,868,378 -
Transfers In - Drainage Fund 200,000 - 200,000 -
Total Revenues 34,214,797$ -$ 34,214,797$ 602,709$
EXPENDITURES
Water Projects
Lower Pressure Plane 42"18,931,100$ -$ -$ 18,931,100$ -$ -$ 18,510,550$ 420,550$
LPP Water Line Phase, 2A 9,000,000 - 9,000,000 42 - 7,919,646 1,080,312
Water Line Relocation-Frontier Park 6,900,000 - - 6,900,000 2,093,545 1,966,132 1,554,570 1,285,753
Parks & Public Works, Phase 1 5,600,000 - - 5,600,000 49,160 571,763 388,007 4,591,070
DNT (Prosper Trail - Frontier Parkw 23,785 - - 23,785 - - 3,585 20,200
Water Impact Fee Analysis 105,627 - - 105,627 - 139 105,487 -
DNT Water Line Relocation 37,019 - - 37,019 - - 25,127 11,893
5 MG Ground Storage Tank 8,100,000 5,695,000 - 13,795,000 58,619 227,715 524,677 12,983,990
Craig Street 2 MG EST Rehabili 460,000 2,540,000 - 3,000,000 26,795 268,850 73,305 2,631,050
First Street (DNT - Coleman) - 12"- 2,500,000 - 2,500,000 - - - 2,500,000
US 380 30-inch Water/8" WW Line Rel - 1,800,000 - 1,800,000 - 1,018,600 - 781,400
Godwin Pkwy Materials - - 261,980 261,980 261,980 - - -
Unprogrammed Future Projects 356,728 - - 356,728 - - - 356,728
Wastewater Projects
Doe Branch Parallel Interceptor 16,253,327 - - 16,253,327 - - 3,750,000 12,503,327
Upper Doe Branch WW Line 8,025,000 (261,980) 7,763,021 715,679 1,644,109 4,573,501 829,731
Sewer Impact Fee Analysis 115,947 - - 115,947 - 139 115,807 -
Doe Branch, Phase 3 WWTP 104,946,277 - - 104,946,277 - 3,835 33,636,712 71,305,730
Wilson Creek WW Line 400,000 - - 400,000 - - 305,286 94,714
Denton ISD WW Line Reimburseme 531,622 - - 531,622 - - - 531,622
Total Water & Wastewater Projects 179,786,432$ 12,535,000$ -$ 192,321,431$ 3,205,819$ 5,701,283$ 71,486,261$ 111,928,070$
Drainage Projects
Old Town Regional Retention Pond #2 98,386$ 200,000$ -$ 298,386$ -$ -$ 48,323$ 250,063$
Doe Branch Creek Erosion Control 225,000 - - 225,000 - 14,472 183,560 26,968
Total Drainage Projects 323,386$ 200,000$ -$ 523,386$ -$ 14,472$ 231,883$ 277,031$
Transfer Out
CIP Salaries - Water -$ 300,000$ -$ 300,000$ 300,000$ -$ -$ -$
CIP Salaries - Wastewater - 200,000 - 200,000 200,000 - - -
Total Expenses 180,109,818$ 13,235,000$ -$ 193,344,817$ 3,705,819$ 5,715,755$ 71,718,144$ 112,205,101$
REVENUE OVER (UNDER) EXPENDITURES (159,130,020)$ (3,103,110)$
Beginning Fund Balance (Restricted for Capital Projects) October 1 95,644,027 95,644,027
Ending Fund Balance (Restricted for Capital Projects) Current Month (63,485,993)$ 92,540,917$
TOWN OF PROSPER, TEXAS
MONTHLY FINANCIAL REPORT
December 31, 2025
UTILITY CAPITAL PROJECTS FUND
Page 34 of 34 Page 48
Item 6.
TOWN OF PROSPER
REPORT TO TOWN COUNCIL
FY 2026 RESULTS OF FIRST QUARTER ENDING DECEMBER 31, 2025
In compliance with the Town Charter, Town Management presents to the Council the following
summary of the first quarter financial results. These results are presented on a cash/budgetary
basis in which certain accruals including property taxes, sales tax, payroll, accounts payable etc. are
recorded on a cash basis month by month to facilitate more tfmely financial reportfng and then at
year end are recorded for the purposes of reportfng in the audited financial statements to reduce
the difference between budget basis and GAAP (Generally Accepted Accountfng Principles) basis.
In summary, various accounts have been over and under budget, with detailed comments discussed
below. With 25% of the year now complete, results for the major operatfons of the funds with
related commentary are:
GENERAL FUND
Revenues total $14,601,711 or 21% of annual budget.
Property Tax Collectfons are 20% of annual budget.
Sales Tax Revenues are 23% of annual budget.
Franchise Fees are 16% of annual budget.
Building Permit Revenues are 15% of annual budget.
Expenditures total $17,288,393, or 25% of annual budget
Current fund balance is temporarily below the 21% reserve but is expected to be in
compliance once outstanding revenues are received.
Revenues
It is common for a disproportfonate share of General Fund revenues to be received early in the
fiscal year. The Town’s largest revenue source, property taxes, is due January 31st. In prior years, a
large portfon of property taxes would be paid by December 31st. This year, collectfons are behind as
of December 31st however, large deposits have already been seen in January 2026 that are
antfcipated to return the into alignment with prior years. Sales tax collectfons are 5% higher than
the prior year. Franchise fees are below the expected percentage, which is common since these
fees are paid after the services have been rendered, but are 46% higher than the previous year.
Building Permit revenue is under expected percentages but is up 10% compared to the previous
year. Building permits are often slow to start the fiscal year.
Expenditures
Overall, the General Fund expenditures are in line with budget as of the reportfng date, with
encumbrances making up 5% of the total. A large emphasis was made to encumber expected funds
early in the year to give departments a better look at actual budgets remaining as the year
progresses. Fire and Police show large increases when compared to previous years. This is related to
Page 49
Item 6.
all payroll expenditures being moved from the special purpose districts to the General fund. All
departments are projected to remain below budget.
IMPACT FEE REVENUES
Street Impact Fees for East Thoroughfare Impact Fees total $417,648 which is 35% of annual
budget
Street Impact Fees for West Thoroughfare Impact Fees total $1,317,929 which is 29% of
annual budget
Water Impact Fees total $564,455 which is 17% of annual budget
Wastewater Impact Fees total $301,060 which is 15% of annual budget
Due to their nature, impact fee revenue can fluctuate significantly throughout the year. West
impact fees are primarily generated from single-family residentfal development and are recognized
when builders obtain individual home permits, resultfng in a more consistent flow of revenue
throughout the year. In contrast, large multf-family permits are collected in a single payment,
leading to greater variability.
WATER & SEWER FUND
Revenues total $10,575,974 or 22% of annual budget which is up 8% from prior year
Expenditures total $9,742,891 which is 21% of annual budget
Revenues
Due to a mild summer, consumptfons rates are lower than in previous years, however, accounts
have contfnued to rise. The number of accounts increased by about 620 over the last calendar year.
Consumptfon will be monitored throughout the year, but at this tfme, there are no concerns of
drastfc shortialls in revenue.
Expenditures
Due to the “take or pay” fee structures with regional providers, water and sewer expenditures
typically experience less seasonal variatfon than revenues. Both water purchases and sewer
treatment costs are below budget as of December 2025. Year-over-year increases are attributed to
higher rates charged by regional suppliers.
HEALTH FUND
Expenditures total $1,828,692 which is 22% of revised budget and up 24% from prior year
Health fund revenues are currently below the expected percentage. This is primarily due to
vacancies, the new plan year beginning in January 2026, and new FY positfons slated for hire in
February 2026. Once staffing levels increase and the new rates take effect, revenues will increase to
offset the early shortiall.
Mario Canizares
Town Manager
Page 50
Item 6.
Page 1 of 1
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Mario Canizares, Town Manager
Robyn Battle, Executive Director
Re: Designating a Representative to NCT 9-1-1 Board
Town Council Meeting – January 27, 2026
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon a Resolution appointing a member of the Prosper Town Council to the
North Central Texas (NCT) Regional 9-1-1 Emergency Communications District Board of
Managers.
Description of Agenda Item:
On April 26, 2016, the Town Council approved Resolution 16-28 authorizing the creation of the
North Central Texas Regional 9-1-1 Emergency Communications District (RECD). In 2018, the
Town Council appointed Councilmember Jeff Hodges to serve as the Town’s representative to
the Board of Managers of the NCT9-1-1 Program, and every two years he has been reappointed
by the Town Council to serve as the Town’s representative.
It is currently the Town’s time to reappoint a Town representative to serve for the upcoming two
years.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P. has reviewed the resolution as to form and legality.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council approve a Resolution appointing a member of the
Prosper Town Council to the North Central Texas (NCT) Regional 9-1-1 Emergency
Communications District Board of Managers.
Proposed Motion:
I move to approve a Resolution reappointing Jeff Hodges to the North Central Texas Regional 9-
1-1 Emergency Communications District Board of Managers, and appointing Cameron Reeves
as the Town of Prosper representative effective June 1, 2026.
TOWN SECRETARY
Page 51
Item 7.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2026-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, APPOINTING A REPRESENTATIVE TO THE NORTH CENTRAL
TEXAS REGIONAL 9-1-1 EMERGENCY COMMUNICATIONS DISTRICT
BOARD OF MANAGERS; MAKING FINDINGS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Resolution No. 16-28, approved by the Prosper Town Council on April 26,
2016, provides that the Town Council has authorized the creation of the North Central Texas
Regional 9-1-1 Emergency Communications District; and
WHEREAS, the proposed bylaws of the District provide that the District shall be governed
by a Board of Managers consisting of elected officials, which shall be comprised of one
representative from each of the following entities: Collin County, the Town of Prosper, the City of
McKinney, the City of Allen, the City of Frisco, and the City of Murphy.
WHEREAS, the Town Council desires to appoint a representative to the Board of
Managers.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The Prosper Town Council hereby reappoints Jeff Hodges as the Town of Prosper
representative to the Regional 9-1-1 Emergency Communications District Board of Managers,
and appoints Cameron Reeves to the 9-1-1 Emergency Communications District Board of
Managers effective June 1, 2026. Such term will be effective upon the approval date of this
resolution.
SECTION 2
This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 27TH DAY OF JANUARY 2026.
APPROVED:
________________________________
David F. Bristol, Mayor
ATTEST:
_____________________________________
Michelle Lewis Sirianni, Town Secretary
Page 52
Item 7.
Resolution No. 2026-XX, Page 2
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Page 53
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: Professional Services Agreement – Public Works/Parks Service Center
Town Council Meeting – January 27, 2026
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon ratifying an expenditure to Maya Underground Construction for the repair
of a 12” water line at Dallas Parkway and Frontier Parkway in the amount of $180,670.
Description of Agenda Item:
On November 17, 2025, a Town Construction Superintendent was notified by Public Works about
a possible water line leak at the Southwest Corner of DNT and Frontier, and the possibility of a
warranty claim on a 20” water line that had been placed there by a Town contractor. Public Works
noticed water leaking from a valve stack on the west side of the intersection while completing daily
flushing. The contractor was notified, they responded and excavated a hole to the location of the
water line (approximately 18’ deep), it was discovered that the leak was coming from the eastside
of the intersection through a steel conduit that had been placed to carry the water line under the
DNT right of way. The contractor mobilized to the east side and excavated a hole to the location
of the water line (approximately 20’ deep) and found that the water line was leaking at the first
joint into the steel pipe carrier. The leak was not present when the line was pressure tested as
part of final acceptance.
Since the installation of the water line, the HEB development utility contractor had tied into this
line and extended into the development. The water leak appeared to be caused by the joint pulling
or misaligning, but no definitive cause could be established or who the responsible party was at
fault.
Budget Impact:
The cost of the excavation and repair to the waterline totals $180,670 to be funded out of the
Professional Services Line Item in the Water Division of Public Works (70050520-56700).
PUBLIC WORKS
Page 54
Item 8.
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. Repair Invoice
Town Staff Recommendation:
Town Staff recommend the Town Council ratify the expenditure with Maya Underground
Construction for the repair of the 12” water line at Dallas Parkway and Frontier Parkway in the
amount of $180,670.
Proposed Motion:
I move to ratify the expenditure with Maya Underground Construction for the repair of the 12” water
line at Dallas Parkway and Frontier Parkway in the amount of $180,670.
Page 55
Item 8.
12/19/2025 10 :27:0IAM
DNTW WL Repair Exploration
Maya
Underground
o..n t r:: cto rs Maya Underground Contractors, LLC.
PO Box 39
Weston, TX 75097
Contact: Osa Gaisoa
Phone:
Email:
469.343.9597
Osa@Mayaunderground.com
Quote To :
Attention:
Phone :
Email :
IT EM
100
IOI
102
103
104
200
201
202
GRAND TOTAL
NOTES:
EXCLUSIONS:
Town of Pros per
Adam Gerster
972.569 .1165
DESCRIPTION
*WESTDNTW*
Mobilization and Pothole
Custom Tren c h safety and Dewatering
Di ssase mble & Repair Line inspect line
Excavation/ Back fill / Restore
TV/ Vacuum surge and clean
* SUBTOTAL -WEST END
* EAST EXPLORATION *
Custom Trench safety and Dewatering < 20'
Excavation/ Explore and identify
R epair/ modify Trench safety and restoration
*SUBTOTAL-EAST DNTW REPAIR
Survey, eng in ee red te sting, Barri cade s/ Striping
SWPP/Erosion co ntrol / Maintenance,
E lec tri ca l, Plumbing or Mechanical ,
Gas ,Telecommunications adjustment/installation
Concrete Rem /Replacem ent ,Demo not listed ,
Hazardous Material Handling or Haul Off,
TXDOT/ R.O .W . Pennit,
P&P / Maintenance Bonds .
City Inpsec tion Fees/ Permi t/Overtime Fees,
CLARIFICATIONS
Actual repair pri ce is not included , TBD .
Job Name :
Date of Plan s:
Revision s:
City of Project:
Plan Pages :
QUANTITY
1.00
1.00
1.00
1.00
410 .00
1.00
1.00
1.00
DNTW WL Repair Ex ploratio
N I A
N I A
Pro sper
UNIT UNTTPRI CE AMOUNT
EA 8,400.00 8,400.00
LS 21,900.00 21 ,900.00
LS 22 ,900 .0 0 22,900.00
LS 10 ,940.00 10,940 .00
LF 43.00 17,6 30.00
$81,770.00
LS 27,500.00 27 ,500.00
LS 39,600 .00 39 ,6 00 .00
LS 31 ,8 00.00 31 ,8 00 .00
$98,900.00
$180,670.00
Page 1 of 1 Page 56
Item 8.
Page 1 of 3
To: Mayor and Town Council
From: Hulon T. Webb Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Ordinance Amending Traffic Administration Duties
Town Council Meeting – January 27, 2026
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an ordinance replacing existing Section 12.02.001, “Mayor’s Duties,” and
existing Section 12.02.002, “Traffic Administrator,” of Article 12.02, “Administration,” of Chapter
12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by repealing
the existing ordinances and replacing them with a new Section 12.02.001, “Traffic Administration,”.
Description of Agenda Item:
The current process for updating typical traffic administrative items like school zone times and
zone limits, establishing parking restrictions, establishing temporary and permanent speed limits,
and installing and maintaining traffic signs and pavement markings, requires the Town Council to
adopt an ordinance. With increased requests for changes to traffic administrative items, staff
looked into amending the Code of Ordinances to streamline the process which would allow the
Town to provide a timelier response and resolution.
Upon researching the Code of Ordinances, it was discovered that there are current provisions in
the code that would allow the Town to streamline the process, with some recommended updates.
The current sections in the Code of Ordinances were adopted in 1985, when the Town of Prosper
was a general-law municipality. During that time, the Mayor was responsible for overseeing that
all state and town ordinances are enforced and required to exercise all powers and duties related
to traffic and traffic engineering authority. Under the current provisions, the Town Council, with
recommendation of the Mayor, can appoint a Traffic Administrator to the Office of Traffic
Administration, to handle traffic related duties.
The ordinance amendment proposed would eliminate the Traffic Administrator position, the Office
of Traffic Administration, and assign the current duties of the Mayor, relative to traffic, to the Town
Manager or Town Manager’s designee. In addition, the ordinance amendment proposed retains
the traffic related duties previously assigned to the Traffic Administrator as they are still applicable.
These include, but not limited to, updating school zone times and zone limits, establishing parking
restrictions, establishing temporary and permanent speed limits, and installing and maintaining
traffic signs and pavement markings.
ENGINEERING
SERVICES
Page 57
Item 9.
Page 2 of 3
The current provisions in the Code of Ordinances are proposed to be amended as follows:
#1: Repeal existing Section 12.02.001.:
Sec. 12.02.001. Mayor's duties.
The Mayor has the duty to see that all state laws and town ordinances are effectively enforced.
The Mayor is required to exercise all powers and duties conferred upon him by ordinances relative
to traffic, as well as all provisions of state law prescribing the duties of or vesting powers in the
local traffic engineering authority.
#2: Add new Section 12.02.001. (a):
Sec. 12.02.001. Traffic Administration.
(a) Pursuant to the authority granted the Town Manager in the Town Charter to see to the
enforcement of all state laws and Town ordinances, the Town Manager or designee is
authorized to exercise the following powers and duties relative to traffic:
#3: Repeal existing Section 12.02.002.:
Sec. 12.02.002. Traffic Administrator.
(a) To relieve the Mayor of the burden of traffic administration, there is hereby created the
Office of Traffic Administrator. The town Traffic Administrator will be appointed by the Town
Council upon the recommendation of the Mayor to exercise personally or by an authorized
representative the powers and duties relative to traffic as prescribed in this chapter.
#4: Add new Section 12.02.001 (a)(1-7), (b), and (c) under Traffic Administration:
(Redlines shown below reflect changes proposed from current Section 12.02.002)
(b1) It shall be the duty of the Traffic Administrator to determineDetermine the installation
and proper timing of traffic-control devices, to conduct engineering analyses of traffic
accidents, to devise remedial measures, to conduct engineering investigation of
traffic conditions and to direct other town Town officials in the development of ways
and means to improve traffic conditions and to carry out the additional powers and
duties granted by law.;
(c2) The Traffic Administrator or his designee, except as otherwise directed from time to
time by the Mayor, shall have power and is hereby authorized toTo install and
maintain traffic signals and signs, road and highway markings and other traffic-control
devices indicating prohibited or limited parking, the establishment of speed limits, the
designation of restricted speed areas, the establishments of one-way streets, truck
routes, the establishment of school traffic zones, the establishment of the times when
school traffic zones are in effect, and other signs or markings indicating the place and
manner of operating or parking vehicles.;
(d3) The Traffic Administrator or his designee shall also have power and is hereby
authorized toTo regulate the movement of pedestrians upon the streets and
sidewalks by the erection or placing of proper signs or markers indicating the flow of
pedestrian traffic.;
(e4) The Traffic Administrator or his designee shall also have power and is hereby
authorized toTo designate bus stops, ride share areas and taxicab stands and to
Page 58
Item 9.
Page 3 of 3
erect signs prohibiting the parking of vehicles other than buses, and taxicabs, and
ride share areas in such stands.;
(f5) The Traffic Administrator or his designee shall further have power and is hereby
authorized toTo cause all necessary signs, markers, lights or other traffic-control
devices to be erected or placed on any street or part of a street when he deems such
action necessary to correct or give warning of a hazard and is further empowered to
place such temporary speed limits at a construction site until the completion of such
construction.
(6) He is further authorized and directed toTo determine fire lanes, to prohibit or limit
parking therein and to cause all necessary signs, markers, or other traffic-control
devices to be erected or placed therein.; and
(g7) The Traffic Administrator or his designee is further empowered and authorized toTo
mark off traffic lanes on streets and parts of streets indicating and directing the flow
of traffic when, in his judgment, such action is necessary.
(b) Nothing in this Article shall restrict the authority of the Town Council to adopt any ordinance
or other regulation that limits the authority of the Town Manager or designee to regulate
traffic in the Town.
(c) All traffic control signs, markers and devices designated by the Town prior to the date of
adoption of this section shall be deemed to be in full compliance with this section and
lawful, with no further action required pursuant to this section.
Budget Impact:
There is no budget impact associated with this ordinance amendment.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends that the Town Council adopt an ordinance repealing existing Section
12.02.001, “Mayor’s Duties,” and existing Section 12.02.002, “Traffic Administrator,” of Article
12.02, “Administration,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the
Town of Prosper, Texas, by repealing the existing ordinances and replacing them with a new
Section 12.02.001, “Traffic Administration,”.
Proposed Motion:
I move to approve an ordinance repealing existing Section 12.02.001, “Mayor’s Duties,” and
existing Section 12.02.002, “Traffic Administrator,” of Article 12.02, “Administration,” of Chapter
12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, by repealing
the existing ordinances and replacing them with a new Section 12.02.001, “Traffic Administration,”.
Page 59
Item 9.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING EXISTING SECTION 12.02.001, “MAYOR’S DUTIES,”
AND EXISTING SECTION 12.02.002, “TRAFFIC ADMINISTRATOR,” OF
ARTICLE 12.02, “ADMINISTRATION,” OF CHAPTER 12, “TRAFFIC AND
VEHICLES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER,
TEXAS, AND REPLACING IT WITH A NEW SECTION 12.02.001, “TRAFFIC
ADMINISTRATION”; MAKING FINDINGS; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (“Town”), has deemed it necessary to review its
traffic administration regulations and to update them in accordance with current practices, thus
eliminating outdated references and practices currently found in Article 12.02 of the Town’s Code
of Ordinances; and
WHEREAS, it is the desire and intent of the Town Council to fully comply with existing
practices while also protecting the health and safety of Town residents who utilize the Town’s
traffic facilities; and
WHEREAS, the Town Council has further determined that it will be advantageous and
beneficial to Prosper and its inhabitants to amend Article 12.02 as described below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Section 12.02.001, “Mayor’s
Duties,” and existing Section 12.02.002, “Traffic Administrator,” of Article 12.02, “Administration,”
of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas,
are hereby repealed and replaced with a new Section 12.02.001, “Traffic Administration,” to read
as follows:
“ARTICLE 12.02
ADMINISTRATION
Sec. 12.02.001. Traffic Administration.
(a) Pursuant to the authority granted the Town Manager in the Town Charter to see to the
enforcement of all state laws and Town ordinances, the Town Manager or designee is
authorized to exercise the following powers and duties relative to traffic:
Page 60
Item 9.
Ordinance No. 2026-__, Page 2
(1) Determine the installation and proper timing of traffic-control devices, to conduct
engineering analyses of traffic accidents, to devise remedial measures, to conduct
engineering investigation of traffic conditions and to direct other Town officials in
the development of ways and means to improve traffic conditions and to carry out
the additional powers and duties granted by law;
(2) To install and maintain traffic signals and signs, road and highway markings and
other traffic-control devices indicating prohibited or limited parking, the
establishment of speed limits, the designation of restricted speed areas, the
establishments of one-way streets, the establishment of school traffic zones, the
establishment of the times when school traffic zones are in effect, and other signs
or markings indicating the place and manner of operating or parking vehicles;
(3) To regulate the movement of pedestrians upon the streets and sidewalks by the
erection or placing of proper signs, signals or markers indicating the flow of
pedestrian traffic;
(4) To designate bus stops, ride share areas and taxicab stands and to erect signs
prohibiting the parking of vehicles other than buses, taxicabs, and ride share areas
in such stands;
(5) To cause all necessary signs, markers, lights or other traffic-control devices to be
erected or placed on any street or part of a street when he deems such action
necessary to correct or give warning of a hazard and is further empowered to place
such temporary speed limits at a construction site until the completion of such
construction;
(6) To determine fire lanes, to prohibit or limit parking therein and to cause all
necessary signs, markers, or other traffic-control devices to be erected or placed
therein; and
(7) To mark off traffic lanes on streets and parts of streets indicating and directing the
flow of traffic when, in his judgment, such action is necessary.
(b) Nothing in this Article shall restrict the authority of the Town Council to adopt any
ordinance or other regulation that limits the authority of the Town Manager or designee to
regulate traffic in the Town.
(c) All traffic control signs, markers and devices designated by the Town prior to the date of
adoption of this section shall be deemed to be in full compliance with this section and
lawful, with no further action required pursuant to this section.
Sec. 12.02.002. Reserved.”
SECTION 3
Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause, or
Page 61
Item 9.
Ordinance No. 2026-__, Page 3
phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional or invalid.
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the 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 5
This Ordinance shall become effective from and after its passage.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF JANUARY, 2026.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 62
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Pete Anaya, P.E., Assistant Director of Engineering Services - CIP
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Hulon T. Webb, Jr., P.E., Director of Engineering Services
Re: Bid Award: Prosper Downtown Parking and Alley Improvements
Town Council Meeting – January 27, 2026
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Construction Agreement
awarding CSP No. 2026-09-B to Jeske Construction Company, related to construction services
for the Prosper Downtown Parking Lot and Alley Improvements project in the amount of $347,731
and authorize $50,000 for construction phase contingencies. The total purchase order amount is
$397,731.
Description of Agenda Item:
On December 16, 2025, at 2:00 PM, seven (7) Competitive Sealed Proposals were received for
the Prosper Downtown Parking Lot and Alley Improvements project (2403-ST). The project was
advertised using the Competitive Sealed Proposal Construction alternative procurement method
to allow the Town to award the project to the contractor that offers the best value proposal based
on the following criteria, which includes recently revised standard percentages based on direction
from the Town Council:
Qualifications and Experience (10%)
o Outline contractor and subcontractor experience with similar projects.
o Outline qualifications of key personnel assigned to this project.
o Provide references.
Project Timeline (25%)
Cost Proposal (65%)
The verified proposal totals ranged between $347,731 and $515,777. The Engineer's Estimate
was $329,488. The proposal’s final completion times ranged from 70 calendar days to 150
calendar days.
ENGINEERING
SERVICES
Page 63
Item 10.
Page 2 of 2
Jeske Construction Company was the firm that ranked the highest after consideration of Costs,
Time, and Qualifications with a cost of $347,731, and a project timeline of 110 calendar days.
Jeske Construction Company has not performed construction services for the Town of Prosper,
but references have provided outstanding feedback on job performance and timely project
completion.
Budget Impact:
The cost for the construction of the project is $347,731. The construction budget for the project is
$430,000 in Account No. ST202403-CONST-CONST. The contingency amount of $50,000 will be
used during the construction phase to address field changes or adjust quantities during
construction. The use of the contingency fund will be documented with change order requests
negotiated between staff and the contractor as construction progresses.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction
agreement as to form and legality.
Attached Documents:
1. Location Map
2. Bid Tabulation Summary
3. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Construction Agreement awarding CSP No. 2026-09-B to Jeske Construction Company, related
to construction services for the Prosper Downtown Parking Lot and Alley Improvements project in
the amount of $347,731 and authorize $50,000 for construction phase contingencies. The total
purchase order amount is $397,731.
Proposed Motion:
I move to authorize the Town Manager to execute a Construction Agreement awarding CSP No.
2026-09-B to Jeske Construction Company, related to construction services for the Prosper
Downtown Parking Lot and Alley Improvements project in the amount of $347,731 and authorize
$50,000 for construction phase contingencies. The total purchase order amount is $397,731.
Page 64
Item 10.
LOCATION MAP Downtown Parking Lot and Alley Improvements Parking Lot—33 Spaces Added Parking—14 Spaces Town Hall Main Street Broadway Street Page 65Item 10.
TOWN OF PROSPERPROPOSAL TABULATION SUMMARYSolicitation NumberSolicitation TitleClose DateResponding Supplier City StateResponse SubmittedResponse Total Total DaysAxis Contracting, Inc. Dallas TX12/16/2025 12:45:00 PM (CT)$457,318.83 120Garret Shields Infrastructure Garland TX12/16/2025 12:52:52 PM (CT)$467,817.00 70Home Run Construction LLC Italy TX12/16/2025 11:43:47 AM (CT)$515,437.66 145Jeske Construction Co Dallas TX12/16/2025 09:59:41 AM (CT)$347,731.00 110Patriot Civil, LLC Prosper TX12/15/2025 05:30:46 PM (CT)$407,584.36 130Ratliff Hardscape, Ltd Carrollton TX12/16/2025 01:28:26 PM (CT)$409,246.00 150Tegrity Contractors Allen TX12/16/2025 01:39:52 PM (CT)$515,777.00 150Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on: December 16, 2025 Purchasing Manager Town of Prosper, Texas**All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. CSP No. 2026-09-BProsper Downtown Parking Lot and Alley12/16/2025 at 2:00PMPage 66Item 10.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Thoroughfare Impact Fees Reimbursement Agreement
(Legacy Gardens Phases 3 and 4)
Town Council Meeting – January 27, 2026
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Thoroughfare Impact Fees
Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas,
related to the construction of Frontier Parkway to serve the Legacy Gardens Phases 3 and 4
developments.
Description of Agenda Item:
Toll Southwest LLC, is developing Legacy Gardens Phases 3 and 4 on the west side of Shawnee
Trail south of Frontier Parkway. To facilitate the development, they have agreed to construct two
(2) lanes of Frontier Parkway from the western limit of the development to the eastern limit of the
development adjacent to Shawnee Trail, as shown on Exhibit B in the agreement.
Since the proposed thoroughfare is depicted on the Town of Prosper Thoroughfare Plan, the actual
costs for the design and construction of the improvements are eligible for reimbursement of
thoroughfare impact fees collected by the development. The purpose of the Thoroughfare Impact
Fees Reimbursement Agreement is to outline the obligations of the Town of Prosper, and Toll
Southwest LLC, related to the design, construction, credit and reimbursement of collected
thoroughfare impact fees to fund the project.
Under the Legacy Garden at Prosper Trail Roadway Impact Fee Agreement, dated May 3, 2018,
Toll Southwest LLC, will also be required to construct two (2) lanes of Shawnee Trail from Frontier
Parkway to the southern limit of the development. The construction of the two (2) lanes of Shawnee
Trail will provide improved access to the neighborhood and Thomson Elementary School.
ENGINEERING
SERVICES
Page 67
Item 11.
Page 2 of 2
Budget Impact:
The estimated cost for the design and construction of the extension of approximately 2,850 feet of
two (2) lanes of Frontier Parkway is $2,697,127. The current anticipated thoroughfare impact fees
owed by the Legacy Gardens Phases 3 and 4 development is $1,634,310. In the event that full
reimbursement has not been made to Toll Southwest LLC, by the Town after the expiration of ten
(10) years from the date of the Town’s acceptance of the thoroughfare, the Town will reimburse
Toll Southwest LLC, any shortfall.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. Toll Southwest LLC, will contribute up to $2,000 towards the legal preparation fees.
Attached Documents:
1. Town of Prosper Thoroughfare Plan
2. Thoroughfare Impact Fees Reimbursement Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Thoroughfare Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the
Town of Prosper, Texas, related to the construction of Frontier Parkway to serve the Legacy
Gardens Phases 3 and 4 developments.
Proposed Motion:
I move to authorize the Town Manager to execute a Thoroughfare Impact Fees Reimbursement
Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the
construction of Frontier Parkway to serve the Legacy Gardens Phases 3 and 4 developments.
Page 68
Item 11.
Town of Prosper Thoroughfare Plan
(Legacy Gardens Phases 3 and 4)
Page 69
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 1 of 35
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT
(LEGACY GARDENS – PHASES 3 AND 4)
THIS THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT
(LEGACY GARDENS – PHASES 3 AND 4) (“Agreement”) is made and entered into this
___ day of _______________, 2026 (the “Effective Date”), by and between the TOWN
OF PROSPER, TEXAS (“Prosper” or the “Town”), and TOLL SOUTHWEST LLC, a
Delaware limited liability company (“Developer”), collectively referred to as the “Parties”
and each individually as a “Party”.
W I T N E S S E T H:
WHEREAS, Developer is developing Phase 3 and Phase 4 of a residential
development on certain Property (defined herein) in the Town, known as “Legacy
Gardens, Phases 3 and 4” (“Project”) which development previously has been approved
by the Town; and
WHEREAS, the legal description of the real property subject to this Agreement is
attached hereto as Exhibit A-1, incorporated herein by reference for all purposes, and
depicted on Exhibit A-2, incorporated herein by reference for all purposes (the
“Property”); and
WHEREAS, the Town and Developer wish to address the construction of certain
improvements for and along Frontier Parkway related to the Project, as well as the timing,
construction and payment of associated costs thereof; and
WHEREAS, the Town has adopted a Thoroughfare Capital Improvements Plan
(“Roadway CIP”) as part of its impact fee ordinance, contained in Article 10.02 of Chapter
10 of the Town’s Code of Ordinances, as now existing or as may hereafter be amended
(the “Impact Fee Ordinance”), all of which was adopted pursuant to the authority
contained in Chapter 395 of the Texas Local Government Code, as amended; and
WHEREAS, Developer desires to fulfill the entirety of its obligation to pay
Thoroughfare Impact Fees (as defined in Subparagraph 1(a), below) as prescribed in the
Impact Fee Ordinance; and
WHEREAS, in an effort to facilitate the construction of certain roadway
improvements serving the Project, the Parties have agreed to the terms and provisions
of this Agreement; and
WHEREAS, this Agreement clearly is in the best interests of the Town and
Developer and it is deemed mutually beneficial to each that the construction of roadway
improvements for the Project proceed as is further described herein; and
Page 70
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 2 of 35
NOW, THEREFORE, in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the Town and Developer covenant and agree as follows:
1. Impact Fees and Thoroughfare Improvements.
(a) Subject to the provisions of this Paragraph 1 and this Agreement, the
Property will be assessed thoroughfare impact fees at the rates then in effect pursuant to
the Impact Fee Ordinance as it presently exists or may be subsequently amended (the
“Thoroughfare Impact Fees”).
(b) As a condition to receipt of the Thoroughfare Costs Reimbursement
(hereinafter defined) and subject to Force Majeure and receipt of any Third-Party Rights-
of-Way and/or Easements, Developer shall, at its sole cost and expense, except as
provided in Paragraph 3 below, construct and install or cause the construction and
installation of certain improvements for and along a portion of Frontier Parkway in the
general locations shown on Exhibit B, attached hereto and incorporated herein for all
purposes, which, subject to Paragraph 2, consist of: (i) the excavation, subgrade, and
concrete installation for approximately 2,770 linear feet of the two southern through lanes
of Frontier Parkway consisting of 25 feet in width; (ii) the installation of approximately
2,970 linear feet of storm drain improvements for Frontier Parkway; (iii) grading and
erosion control associated therewith; (iv) initial seeding of the median and costs
associated therewith (as noted on Exhibit C); and (v) one-foot of sod behind the back of
curb on the south side of the right-of-way and seeding for the remaining part of any
grassed area within the south side of the right-of-way (as noted on Exhibit C) (collectively
referred to herein as the “Thoroughfare Improvements”). For the avoidance of doubt, no
street lights are or will be required to be installed by Developer, and the Thoroughfare
Improvements expressly exclude street lights. The description of the Thoroughfare
Improvements in this Subparagraph 1(b) and/or location of such improvements shown on
Exhibit B may be modified by the engineering plans for the Thoroughfare Improvements
as the design is further refined, and minor modifications to such description herein and/or
location shown on Exhibit B may be approved by the Town’s Engineer without requiring
an amendment of this Agreement. Notwithstanding the foregoing, in no event shall
Developer be required to construct any portion of Frontier Parkway (including without
limitation storm drainage improvements related thereto) in excess of the scope described
herein as the Thoroughfare Improvements.
(c) The Parties agree that the Thoroughfare Improvements are Project No. 1-0
on the Roadway CIP. The Parties agree and acknowledge that the Thoroughfare
Improvements are Town capital projects; that said Thoroughfare Improvements are
included in both the Town’s Capital Improvements Plan and the Roadway CIP for the
Town’s roadway impact fee ordinance, adopted pursuant to Chapter 395 of the Texas
Local Government Code, as amended, and included in the Impact Fee Ordinance; that
such Thoroughfare Improvements are part of certain roadways which are significant
thoroughfares of the Town; the Town requires the expansion of roadways through the
construction of the Thoroughfare Improvements for the benefit of all residents of the Town
and other members of the traveling public; and that all necessary steps and procedures
Page 71
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 3 of 35
have been followed, pursuant to Chapter 395 of the Texas Local Government Code in so
designating such roadways, including the Thoroughfare Improvements, as such.
(d) Developer shall use commercially reasonable efforts to bid the construction
of the Thoroughfare Improvements as shown in the related construction plans set with
three (3) Qualified Contractors (as defined herein) and shall provide copies of the bids
received for such items to Town within thirty (30) days of Developer’s receipt of same.
For the avoidance of doubt, Developer may bid the construction of the Thoroughfare
Improvements along with or separate from construction of other infrastructure
improvements for the Project (e.g., water and/or trail improvements), in its discretion.
Developer shall execute one or more contract(s) for the construction of the Thoroughfare
Improvements (which may also include construction of other infrastructure improvements
for the Project, in Developer’s discretion) with the lowest responsible and qualified bidder,
as mutually and reasonably determined by Town and Developer. Further, with respect to
the Thoroughfare Improvements, Developer shall: (i) commence, or cause to be
commenced, construction of the Thoroughfare Improvements following: (A) the execution
of this Agreement and any requisite Third-Party Rights-of-Way and/or Easements (as
defined herein); and (B) approval of the Thoroughfare Improvements’ engineering plans,
specifications and designs by Town’s Engineer, which approval shall not be unreasonably
withheld, conditioned or delayed; (ii) construct each portion of the Thoroughfare
Improvements in accordance with this Agreement and otherwise in accordance with
Town-approved engineering plans, specifications and designs; and (iii) complete each
portion of the Thoroughfare Improvements and obtain Town’s acceptance of same prior
to Town’s final acceptance of the Thoroughfare Improvements. Notwithstanding anything
to the contrary set forth herein or in applicable Town ordinances, rules or regulations, the
Town agrees that if, in connection with construction of the Thoroughfare Improvements,
any trees are required to be removed pursuant to the Town approved plans and
specifications for construction of the Thoroughfare Improvements, Developer may not be
required to comply with any applicable tree mitigation requirements. Developer must
inform the Town of any tree removal that does not comply with any applicable tree
mitigation requirements. For purposes of this Agreement a “Qualified Contractor” means
a person, firm, corporation or business entity that is the holder of a valid registration with
the Town under Ch. 3, Building Regulations, Article 3.15 Registration of Contractors of
the Code of Ordinances, Town of Prosper, Texas (“Town’s Code of Ordinances”).
(e) For clarification, the construction and completion of the Thoroughfare
Improvements may occur after the approval and/or recordation of the final plat(s) for the
Property, and the Town agrees the construction and/or completion of the Thoroughfare
Improvements will not be a condition to approval or recording of the final plat(s) for the
Property.
(f) After completion of the Thoroughfare Improvements, Developer shall
secure or shall cause its contractor to secure one or more maintenance bond(s) that
guarantee(s) payment of the costs of any repairs that may become necessary to any part
of the construction work performed in connection with the Thoroughfare Improvements,
arising from defective workmanship or materials used therein, for a period of two (2) years
from the date of the Town’s acceptance of the Thoroughfare Improvements. The bond
Page 72
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 4 of 35
may include other improvements Developer completes (e.g., water improvements)
related to the Thoroughfare Improvements. From and after completion of the
Thoroughfare Improvements, or any portion thereof, the Town will be responsible for all
maintenance and operation of the Thoroughfare Improvements, including costs related
thereto (except any costs covered by the maintenance bond while such bond is in effect).
(g) The estimated Thoroughfare Improvements construction costs are
approximately Two Million Six Hundred Ninety-Seven Thousand One Hundred Twenty-
Seven and 15/100 Dollars ($2,697,127.15), as more particularly described in Exhibit C,
attached hereto and incorporated herein for all purposes (the “Estimated Thoroughfare
Construction Costs”). Developer acknowledges and agrees that Town is relying on
Developer’s engineer’s representation and warranty that the Estimated Thoroughfare
Construction Costs are as described in Exhibit C. Prior to receiving any reimbursement
described in Paragraph 3 below, Developer shall tender to Town evidence, in a form(s)
reasonably acceptable to Town, that all of the actual Thoroughfare Improvements
construction costs (the “Thoroughfare Improvement Costs”) have been paid by or on
behalf of Developer, including but not limited to, Affidavits of Payment/Affidavits as to
Debts and Liens and any other evidence reasonably required by Town evidencing
payment of construction costs (“Evidence of Payment(s)”).
(h) The Parties acknowledge that Developer shall construct the Thoroughfare
Improvements, as generally depicted in Exhibit B and as described herein and in Exhibit
C, the cost of which do not exceed the municipal participation limit referenced in Section
212.072(b) of the Texas Local Government Code, as amended.
2. Third-Party Rights-of-Way and/or Easements.
(a) The Parties shall cooperate with each other in obtaining from third parties
any and all rights-of-ways and/or easements needed for construction and completion of
the Thoroughfare Improvements (or any portion(s) thereof), including, but not limited to,
permanent rights-of-ways and/or easements located adjacent to the Project and located
on real property owned by one or more third party(ies) and any requisite or desirable
temporary construction easements related to the Thoroughfare Improvements (the “Third-
Party Improvement Rights-of-Way and/or Easements” and “Third-Party Temporary
Construction Easements,” respectively) including without limitation such easement(s) for
the area(s) depicted on Exhibit D, attached hereto and incorporated herein for all
purposes, which are necessary or appropriate for timely construction, completion and
dedication of the Thoroughfare Improvements required herein. The Town hereby
acknowledges and agrees that the only Third-Party Improvement Rights-of-Way and/or
Easements required to be obtained in connection to the Thoroughfare Improvements shall
be a storm drainage easement, which shall be located in the approximate location
depicted on Exhibit D.
(b) Developer shall be responsible for any and all costs and expenses
associated with acquiring, by purchase or condemnation, all Third-Party Improvement
Rights-of-Way and/or Easements and Third-Party Temporary Construction Easements
(collectively, the “Third-Party Rights-of-Way and/or Easements”), including, but not
Page 73
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 5 of 35
limited to, purchase cost, title examination, appraisals, expert fees, attorneys’ fees and
expenses, engineering fees and expenses, surveying fees and expenses, court costs,
commissioners’ fees and costs of appeal, if any (“Rights-of-Way and/or Easement
Acquisition Fees”). If requested by the Town, Developer shall, at its sole cost and expense
(but subject to reimbursement, as described below), lead all acquisition efforts for the
Third-Party Rights-of-Way and/or Easements (subject to the Town’s obligations in
Subparagraph 2(e) herein), including, but not limited to, providing all necessary
engineering and surveying support required to obtain the Third-Party Rights-of-Way
and/or Easements. Developer shall pay any and all Rights-of-Way and/or Easement
Acquisition Fees within thirty (30) calendar days of receiving a written request and
supporting invoice from the Town for the same.
(c) The Town will, at Developer’s sole cost and expense (but subject to
reimbursement, as described below), provide, among any other assistance deemed
reasonably necessary by the Town, technical, engineering, legal and administrative
assistance, as selected by the Town, to acquire, by purchase or condemnation, the Third-
Party Rights-of-Way and/or Easements. The Town shall review and approve any and all
documents associated with the Third-Party Rights-of-Way and/or Easements required
herein. If condemnation proceedings are necessary to secure the Third-Party Rights-of-
Way and/or Easements, or any portion of such rights-of-way and/or easements (as further
set forth in Subparagraph 2(e) below), the Town shall have the right to, at Developer’s
sole cost and expense (but subject to reimbursement, as described below), take any and
all steps the Town deems necessary to initiate said proceedings.
(d) Any requisite Third-Party Right-of-Way and/or Easement shall be filed and
recorded prior to the commencement of construction of the applicable portion(s) of the
Thoroughfare Improvements that are or will be subject to a third party right-of-way or
easement (such portion(s) of the Thoroughfare Improvements the “Offsite
Improvements”), unless a right of entry is secured, or a condemnation award is tendered
with the registry of the court and/or a right of possession by any other means is obtained
on an earlier date, in which event Developer may commence construction of the
applicable Offsite Improvements prior to recording of any applicable Third-Party Right-of-
Way and/or Easements. For the avoidance of doubt, any rights-of-way or easements to
be dedicated or provided by the Developer (rather than a third-party) may be provided as
part of the final plat(s) for the Property and are not required to be provided to the Town
prior to commencement of construction of the Thoroughfare Improvements.
(e) If the Third-Party Rights-of-Way and/or Easements (or any one or more of
them) are not obtained, or the Town has not secured the right to possess, in a form
reasonably acceptable to the Town, the land made the subject of the Third-Party Rights-
of-Way and/or Easements (or any portion thereof), within ninety (90) days after the
Effective Date on terms acceptable to the Parties, then the Town shall commence, and
thereafter diligently pursue to completion, condemnation proceedings to obtain such
Third-Party Rights-of-Way and/or Easements as soon as reasonably possible and in
accordance with all statutory deadlines and requirements. Notwithstanding anything to
the contrary herein, the Town and Developer agree that the Town may initiate
condemnation proceedings prior to the expiration of the ninety (90) days referred to in this
Page 74
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 6 of 35
Subparagraph 2(e). For the avoidance of doubt, if the Town fails to fulfill its obligations
under this Subparagraph 2(e), Developer shall be released from all obligations related to
the construction of the Offsite Improvements portion of the Thoroughfare Improvements,
the definition of Thoroughfare Improvements hereunder shall exclude the Offsite
Improvements, the rights of the Developer to the Thoroughfare Costs Reimbursement
(defined below) for the remaining Thoroughfare Improvements shall not be affected and
the Parties agree to work in good faith to a mutually agreeable redesign for the storm
drainage portion of the Thoroughfare Improvements within the bounds of the Property so
that the storm drainage system being constructed by Developer as part of the
Thoroughfare Improvements is still able to function properly.
3. Reimbursement of Project Costs from Thoroughfare Impact Fees.
(a) Provided Developer completes or causes the completion of the
Thoroughfare Improvements, Developer shall receive reimbursement of its Thoroughfare
Improvement Costs from the Thoroughfare Impact Fees collected by Town related to
service from the Thoroughfare Improvements, which shall include all Thoroughfare
Impact Fees collected from development within the Property and within the Thoroughfare
Service Areas (defined herein), subject to the terms of this Agreement.
(b) A depiction of the service area(s) for the Thoroughfare Improvements is
attached hereto as Exhibit E and made part hereof (the “Thoroughfare Service Areas”).
The Thoroughfare Service Areas may be expanded from time to time and, upon such
expansion, Exhibit E shall be amended accordingly.
(c) Thoroughfare Impact Fees collected by Town related to service from the
Thoroughfare Improvements, including fees collected with respect both to service to the
Property and service to property other than the Property within the Thoroughfare Service
Areas, shall be paid to Developer until the entire amount due to Developer for the
Thoroughfare Costs Reimbursement is paid in full. Exhibit E provides an estimate of
remaining Thoroughfare Impact Fees anticipated to be paid from properties in the
Thoroughfare Service Areas within the Property; however, the estimate is provided for
informational purposes and the Throughfare Costs Reimbursement herein shall not be
limited by such estimate.
(d) The reimbursement amount shall be an amount equal to the actual
construction costs associated with the Thoroughfare Improvements (the “Thoroughfare
Costs Reimbursement”). For the avoidance of doubt, the Thoroughfare Costs
Reimbursement is not limited by the Estimated Thoroughfare Construction Costs, which
is being provided for informational purposes. The phrase “construction costs” as used
throughout this Agreement shall include design costs, construction costs (including but
not limited to all costs for labor, supplies and materials), engineering costs, surveying
costs, costs for any easements (including without limitation the Third-Party Rights-of-Way
and/or Easements), inspection fees, maintenance bonds, staking costs, geotechnical
materials testing associated with the Thoroughfare Improvements or any portion thereof;
and any other costs not listed herein but shown on Exhibit C.
Page 75
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 7 of 35
(e) All Thoroughfare Impact Fees collected by Town as set forth in
Subparagraph 3(c) shall be paid by Town to Developer on a quarterly basis after
Developer has provided the Town with the Evidence of Payment(s) evidencing the
Thoroughfare Improvement Costs in accordance with Subparagraph 1(g) herein, within
thirty (30) days following each March 31, June 30, September 30, and December 31 until
Developer has received the full amount of Thoroughfare Costs Reimbursement.
(f) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TOWN
SHALL NOT BE OBLIGATED TO PROVIDE THE PROPERTY WITH THE
THOROUGHFARE COSTS REIMBURSEMENT FOR ANY CONSTRUCTION COSTS
ASSOCIATED WITH THE THOROUGHFARE IMPROVEMENTS UNLESS AND UNTIL
DEVELOPER PROVIDES THE EVIDENCE OF PAYMENT(S) EVIDENCING THE
THOROUGHFARE IMPROVEMENT COSTS IN ACCORDANCE WITH
SUBPARAGRAPH 1(G) HEREIN.
(g) Developer and Town acknowledge and agree that: (i) the Thoroughfare
Impact Fees collected may be less than the Thoroughfare Costs Reimbursement to which
Developer is entitled and Town does not guarantee the amount of Thoroughfare Impact
Fees that will be collected; (ii) after a period of ten (10) years, any shortfall between the
Thoroughfare Impact Fees collected pursuant to Subparagraph 3(c) and the
Thoroughfare Costs Reimbursement due to Developer shall be paid to Developer from
Town; and (iii) Thoroughfare Impact Fees owed on the Property shall be paid in
accordance with the Impact Fee Ordinance.
4. Priority of Payments; Timing of Reimbursement or Credit – Shawnee Trail
Improvements.
(a) Under that certain Legacy Garden at Prosper Trail Roadway Impact Fee
Agreement, dated as of May 3, 2018, by and between RISLAND PROSPER 221, LLC, a
Delaware limited liability company (“Risland”), and the Town (the “Shawnee Trail
Agreement”) Right-of-Way Acquisition Fees and Construction Costs (as defined in the
Shawnee Trail Agreement) attributable to certain roadway improvements for Shawnee
Trail as more particularly described in the Shawnee Trail Agreement (the “Shawnee
Improvements”) are eligible for credit and/or reimbursement of roadway impact fees from
a portion of some of the same service areas as shown in the Thoroughfare Service Areas
for this Agreement. Specifically, a portion of the service area shown in the Thoroughfare
Service Areas for this Agreement is also shown as part of the service area included with
Exhibit C to the Shawnee Trail Agreement (such service area that is shown in both this
Agreement and the Shawnee Trail Agreement, (the “Overlapping Service Area”), which
overlapping service area is depicted in the approximate location shown in Exhibit F-2
attached hereto and incorporated herein for all purposes. As of the date hereof, a portion
of the Shawnee Improvements, in the general location shown as “Constructed Shawnee
Trail as of November 2025” on Exhibit F-1 attached hereto and incorporated herein for
all purposes (the “Existing Shawnee Improvements”), have previously been constructed
by Risland and/or Prior Developer (defined herein). The Shawnee Trail Agreement was
partially assigned to DFW PROSPER FRONTIER 130 ACRES LLC, a Delaware limited
liability company (“Prior Developer”) by that certain Partial Assignment and Assumption
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of Legacy Garden at Prosper Trail Roadway Impact Fee Agreement, dated as of
December 19, 2023, by and between Risland and Prior Developer, recorded as
Instrument No. 2023000144983 on December 20, 2023 in the Official Public Records of
Collin County, Texas and further partially assigned to Developer by that certain
Assignment Agreement, dated as of January 24, 2024, by and between Prior Developer
and Developer, recorded as Instrument No. 2024000009617 on January 29, 2024 in the
Official Public Records of Collin County, Texas (collectively, the “Assignment”). Pursuant
to and as further detailed in the Assignment, Developer will construct the remaining
unconstructed portions of the Shawnee Improvements, in the general locations shown on
Exhibit F-1 as “Remaining Shawnee Trail” (the “Remaining Shawnee Improvements”), in
exchange for roadway impact fee credits and/or reimbursement in accordance with the
Shawnee Trail Agreement.
(b) As stated in the Shawnee Trail Agreement, timing for credit or
reimbursement, as the case may be, of roadway impact fees for Roadway CIP projects
that share the same service area are based upon the order of the Town’s acceptance of
each particular Roadway CIP project. The Town acknowledges that the Thoroughfare
Improvements subject to this Agreement and the Shawnee Improvements are both
Roadway CIP projects. In this instance, the Town confirms and agrees that as of the date
hereof, Risland has already submitted its total Right-of-Way Acquisition Fees and
Construction Costs (as defined in the Shawnee Trail Agreement) of $1,007,703.20 for the
Existing Shawnee Improvements to the Town and has already been reimbursed from or
credited against in full from roadway impact fees in the amount of $1,007,703.20. Per the
Shawnee Trail Agreement, “credit (or reimbursement) shall cease when the amount
tendered, through the combination of credits and reimbursements equals the total sum of
the Right-of-Way Acquisition Fees and Construction Costs.” Therefore, no further
roadway impact fee credit or reimbursement (including without limitation from the
Thoroughfare Service Areas) is or will be due or owing for the Existing Shawnee
Improvements.
As between the Thoroughfare Improvements subject to this Agreement and the
Remaining Shawnee Improvements, the timing for roadway impact fee credit or
reimbursement, as the case may be, from the Overlapping Service Area will be based
upon the order of the Town’s acceptance of the Thoroughfare Improvements and the
Remaining Shawnee Improvements (each an “Eligible Roadway CIP Project”). For
purposes of clarification, upon the Town’s acceptance of the first Eligible Roadway CIP
Project, Developer shall receive the reimbursement from or credit of all roadway impact
fees collected from the Overlapping Service Area (and any other service area Developer
is entitled to receive reimbursement from or credit against pursuant to the applicable
agreement for such portion) until Developer is paid the full amount eligible for
reimbursement or credit, as applicable. If a second Eligible Roadway CIP Project is
accepted by the Town prior to full credit or reimbursement for the first Eligible Roadway
CIP Project, no credit or reimbursement from the Overlapping Service Area will be
received for the second Eligible Roadway CIP Project until credit or reimbursement for
the first Eligible Roadway CIP Project has been paid in full. For the purpose of clarity, the
Developer’s agreement to construct the Remaining Shawnee Improvements and any
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related obligations originates from the Shawnee Trail Agreement, not this Agreement, and
the completion of the Remaining Shawnee Improvements shall neither be deemed a
condition to the Developer’s receipt of the Thoroughfare Cost Reimbursement due
hereunder for the construction of the Thoroughfare Improvements nor impact or delay the
date such becomes payable to the Developer.
5. Assignment. Developer shall have the right to assign this Agreement, in
whole or in part (from time to time without the consent of the Town, but upon written notice
to the Town) including any obligation, right, title, or interest of Developer under this
Agreement, to (i) any person or entity that is or will become an owner of all or any portion
of the Property; (ii) any homeowners’ association, property owners’ association or similar
entity applicable to the Property or any portion thereof (each an “HOA”); or (iii) any entity
that is controlled by, controlling or under common control with Developer (each such
person or entity, an “Assignee”). Each assignment shall be in writing executed by
Developer and the Assignee and shall obligate the Assignee to be bound by this
Agreement to the extent of any rights so assigned. A copy of each assignment shall be
provided to the Town. Provided that an Assignee assumes the liabilities, responsibilities,
and obligations of the assignor under this Agreement, the assigning party will be released
from any rights and obligations under this Agreement as to the Property (or portion
thereof) that is the subject of such assignment, effective upon receipt of the assignment
by the Town. No assignment by Developer shall release Developer from any liability that
resulted from an act or omission by Developer that occurred prior to the effective date of
the assignment. Except for an assignment permitted by Subparagraphs 5(i), 5(ii) or 5(iii)
above, Developer may not assign this Agreement without the Town’s prior consent, which
shall not be unreasonably withheld, conditioned or delayed. As to the sale of land by
Developer to any party to whom this Agreement has not been assigned, in whole or in
part, the purchaser thereof shall have no rights or obligations under this Agreement and
this Agreement shall not apply with respect to such land.
6. Default.
(a) If Developer fails to comply with any provision of this Agreement after
receiving forty-five (45) days’ written notice to comply from the Town or such longer period
as may be reasonably necessary provided that Developer commences to cure the default
or breach within the 45-day period and proceeds with reasonable diligence thereafter to
complete such cure (the “Cure Period”), then so long as such default continues after the
expiration of the Cure Period and is not cured, the Town shall have the following
remedies, in addition to the Town’s other rights and remedies:
(i) to refuse, without notice and/or any other action, to issue and/or
apply the reimbursements set forth in Paragraph 3.
(b) For the avoidance of doubt, Developer shall not be in default under this
Agreement if, within the Cure Period, Developer begins performance and thereafter
diligently and continuously pursues performance until the alleged failure has been cured.
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(c) In the event Town fails to comply with the terms and conditions of this
Agreement, Developer may seek specific enforcement of this Agreement, terminate this
Agreement or pursue any other remedies available at law or in equity.
7. Other Applicable Development Ordinances. Unless otherwise expressly
stipulated in this Agreement, nothing herein shall relieve any developer from
responsibilities for the construction of other public improvements under applicable
development ordinances of the Town.
8. Covenant Running with Land; Binding Agreement. This Agreement
shall be a covenant running with the land and the Property and shall be binding upon the
Parties and each Party’s respective officers, directors, partners, employees,
representatives, agents, successors, assignees, vendors, grantees and/or trustees. In
addition, the Parties shall cause this Agreement to be filed in the Real Property Records
of Collin County, Texas.
9. Limitations of Agreement. The Parties hereto acknowledge that this
Agreement is limited to the Thoroughfare Impact Fees, as described in the Impact Fee
Ordinance (with respect to the impact fees) and this Agreement. Town ordinances
covering property taxes, utility rates, permit fees, inspection fees, development fees,
sewer impact fees, tap fees, pro-rata fees and the like are not affected by this Agreement.
Further, this Agreement does not waive or limit any of the obligations of Developer to
Town under any other ordinance, whether now existing or in the future arising except as
provided herein.
10. Venue. This Agreement shall be governed by and construed in
accordance with the laws of the State of Texas, and all obligations of the Parties created
hereunder are performable in Collin County, Texas.
11. Notices. Any notice provided or permitted to be given under this
Agreement must be in writing and may be served by (i) depositing same in the United
States mail, addressed to the Party to be notified, postage pre-paid and registered or
certified with return receipt requested, (ii) by electronic mail; or (iii) by delivering the same
in person to such Party via a hand–delivery service that provides a return receipt showing
the actual date of delivery of the same to the addressee; or (iv) any overnight courier
service such as Federal Express that provides a return receipt showing the date of actual
delivery of same to the addressee thereof. Notice given in accordance with (i), (iii) or (iv)
herewith shall be effective upon receipt at the address of the addressee. Notice given in
accordance with (ii) herewith shall be effective upon receipt at the address of the
addressee if given by 5:00 pm CT on a business day; otherwise, notice will be effective
on the next business day. For purposes of this Agreement a “business day” is a day that
is not a Saturday, Sunday, federal holiday or holiday in the State of Texas. For purposes
of notice, the addresses of the Parties shall be as follows:
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If to Town, addressed to it at:
Town of Prosper
ATTN: Mario Canizares, Town Manager
P. O. Box 307
250 W. First Street
Prosper, Texas 75078
Telephone: (972) 346-2640
E-mail: mcanizares@prospertx.gov
With a copy to:
Brown & Hofmeister, L.L.P.
ATTN: Terrence S. Welch, Esq.
740 E. Campbell Road, Suite 800
Richardson, TX 75081
Telephone: (214) 747-6104
E-mail: twelch@bhlaw.net
If to Developer, addressed to it at:
Toll Southwest LLC
c/o Toll Brothers
ATTN: Mike Boswell, Vice President, Land Development
2555 SW Grapevine Parkway, Suite 100
Grapevine, TX 76051
E-mail: mboswell@tollbrothers.com
With a copy to:
Winstead PC
ATTN: Laura Hoffmann
2728 N. Harwood Street
Suite 500
Dallas, Texas 75201
E-mail: lhoffmann@winstead.com
12. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
13. Sovereign Immunity. The Parties agree that Town has not waived its
sovereign immunity by entering into and performing its obligations under this Agreement;
however, for purposes of enforcement of this Agreement, Town agrees that it has waived
its sovereign immunity, and to that extent only.
14. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
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and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
15. Consideration. This Agreement is executed by the parties hereto
without coercion or duress and for substantial consideration, the sufficiency of which is
forever confessed.
16. Counterparts. This Agreement may be executed in a number of
identical counterparts, each of which shall be deemed an original for all purposes. An
electronic mail or facsimile signature will also be deemed to constitute an original if
properly executed and delivered to the other Party.
17. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to the subject matter hereof and supersedes all
prior agreements, oral or written, with respect to the subject matter hereof. The provisions
of this Agreement shall be construed as a whole and not strictly for or against any Party.
18. Savings/Severability. Invalidation of any one of the provisions of this
document by judgment or court order shall in no way affect any of the other provisions,
which shall remain in full force and effect. In the event any provision of this Agreement
shall be determined by any court of competent jurisdiction to be invalid or unenforceable,
the Agreement shall, to the extent reasonably possible, remain in force as to the balance
of its provisions as if such invalid provision were not a part hereof.
19. Force Majeure. It is expressly understood and agreed by the Parties to
this Agreement that, except for monetary obligations (e.g., payment of a reimbursement),
if the performance of any obligations hereunder is delayed by reason of war; civil
commotion; acts of God; strike; inclement weather; shortages or unavailability of labor,
supplies, or materials; incidence of disease or other illness that reaches outbreak,
epidemic, or pandemic proportions or other causes affecting the area in which the
Property is located; utility failures or delays; or other circumstances that are reasonably
beyond the control of the Party obligated or permitted under the terms of this Agreement
to do or perform the same, regardless of whether any such circumstance is similar to any
of those enumerated or not, the Party so obligated or permitted shall be excused from
doing or performing the same during such period of delay, so that the time period
applicable to such obligation or performance requirement and any applicable completion
deadline shall be extended for a period of time equal to the period such Party was delayed
(“Force Majeure”).
20. Conflicts. In the event of any conflict between this Agreement and any
other ordinance, rule, regulation, standard, policy, order, guideline or other Town-adopted
or Town-enforced requirement, this Agreement shall control.
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21. Authority to Execute. The Agreement shall become a binding
obligation on the Parties upon execution by all signatories hereto. The Town warrants
and represents that the individual executing this Agreement on behalf of the Town has
full authority to execute this Agreement and bind the Town to the same. Developer
warrants and represents that the individual executing this Agreement on behalf of
Developer has full authority to execute this Agreement and bind Developer to the same.
This Agreement is and shall be binding upon the Parties and their respective successors,
heirs, assigns, grantees, vendors, trustees and representatives.
22. Mediation. The Parties shall attempt in good faith to resolve any
disagreement or conflict concerning this Agreement, including but not limited to any
disagreement or conflict concerning the interpretation of this Agreement. Either Party may
initiate negotiations to resolve such a disagreement or conflict by providing written Notice
to the other Party (the “Initial Notice”), setting forth the subject of the conflict and the
proposed solution. In the event such disagreement cannot be resolved by the Parties
hereto within sixty (60) days of the receiving Party’s receipt of the Initial Notice, the Parties
agree to submit such disagreement to nonbinding mediation before a single mediator
mutually agreed upon by the Parties who has had at least ten (10) years’ relevant
experience in the commercial real estate industry. If within fifteen (15) days after the date
of mediation, the Parties have not reached agreement on resolution of the conflict or
disagreement, then either Party may (but shall not be obligated to) commence an action
in accordance with the requirements of Paragraph 10 herein.
23. Indemnification. From the Effective Date of this Agreement to the date
on which all work with respect to the Thoroughfare Improvements is completed and all
Thoroughfare Improvements, have been accepted by the Town (which acceptance will
not be unreasonably withheld, conditioned or delayed), Developer, individually and on
behalf of its respective officers, directors, partners, employees, representatives, agents,
successors, assignees, vendors, grantees and/or trustees, does hereby agree to release,
defend, indemnify and hold harmless the Town and its elected and appointed officials,
officers, employees and agents from and against all damages, injuries (including death),
claims, property damages (including loss of use) losses, demands, suits, judgments and
costs, including reasonable attorney’s fees and expenses (including attorney’s fees and
expenses incurred in enforcing this indemnity), caused by the negligent, grossly
negligent, and/or intentional act and/or omission of the applicable developer, its officers,
directors, partners, employees, representatives, agents, or any other third parties for
whom such developer is legally responsible, in its/their performance of this Agreement,
including but not limited to, the construction of the Thoroughfare Improvements
contemplated herein (hereinafter “claims”). Developer is expressly required to defend the
Town against all such claims arising under this Agreement, and the Town is required to
reasonably cooperate and assist Developer in providing such defense. Notwithstanding
the foregoing, no indemnification is given hereunder for any action, damage, claim, loss
or expense determined by a court of competent jurisdiction to be attributable to the willful
misconduct or sole negligence of any indemnified party, and in the event of concurrent
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fault or negligence of the Parties, liability, if any, will be allocated comparatively in
accordance with the laws of the State of Texas.
24. Approval of Counsel. In its reasonable discretion, the Town shall have
the right to approve counsel to be retained by Developer in fulfilling its obligation under
Paragraph 23 hereunder to defend and indemnify the Town. The Town reserves the right
to provide a portion or all of its’ own defense, at its sole cost; however, the Town is under
no obligation to do so. Any such action by the Town is not to be construed as a waiver of
Developer’s obligation to defend the Town or as a waiver of Developer’s obligation to
indemnify the Town pursuant to Paragraph 23 of this Agreement. Developer shall retain
Town-approved defense counsel within fifteen (15) business days’ of the Town’s written
notice that the Town is invoking its right to indemnification under this Agreement.
25. Survival. Paragraph 23, “Indemnification,” shall survive the termination
of this Agreement.
26. Additional Representations. Each signatory represents this
Agreement has been read by the Party for which this Agreement is executed and that
such Party has had the opportunity to confer with its counsel.
27. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
28. No Third Party Beneficiaries. Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement, and the
Parties do not intend to create any third-party beneficiaries by entering into this
Agreement.
29. Rough Proportionality. Developer hereby agrees that any land or
property donated and/or dedicated pursuant to this Agreement, whether in fee simple or
otherwise, to the Town relative to any development on the Property is (after receiving all
contractual offsets, credits and reimbursements) roughly proportional to the need for such
land and (after receiving all contractual offsets, credits and reimbursements) Developer
hereby waives any claim therefor that it may have. Developer further acknowledges and
agrees that all prerequisites to such a determination of rough proportionality have been
met, and that any costs incurred relative to said donation are related both in nature and
extent to the impact of the development referenced herein. Both Developer (after
receiving all contractual offsets, credits and reimbursements) and the Town further agree
to waive and release all claims one may have against the other related to any and all
rough proportionality and individual determination requirements mandated by the United
States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny,
as well as any other requirements of a nexus between development conditions and the
provision of roadway services to the Property.
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30. Estoppel. Any Party shall, at any time upon reasonable request by any
other Party, provide an estoppel certificate or similar document evidencing that this
Agreement is in full force and effect, that no event of default exists hereunder (or, if
appropriate, specifying the nature and duration of any existing default and the steps
required to cure the same), and/or any other improvements or obligations set forth in this
Agreement.
31. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to
Prosper any attorney’s fees charged to Prosper by Prosper’s legal counsel for, among
other things, legal review and revision of this Agreement and any resolutions needed for
approval of this Agreement, negotiations and discussions with Developer’s attorney and
the provision of advice to applicable Prosper Town Staff and the Prosper Town Council,
in an amount not to exceed $2,000 within thirty (30) days upon receipt of an invoice of
same from Prosper.
32. Captions and Headings. The captions and headings of the paragraphs of
this Agreement are for convenience and reference only and shall not affect, modify or
amplify the provision of this Agreement nor shall they be employed to interpret or aid in
the construction of this Agreement.
33. Waiver. Waiver by either Party of any breach of this Agreement, or the failure
of either Party to enforce any of the provisions of this Agreement, at any time, shall not in
any way affect, limit or waive such Party’s right thereafter to enforce and compel strict
compliance.
IN WITNESS WHEREOF, the Parties hereto have caused this document to be
executed as of the date first above written.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES
FOLLOW]
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THE TOWN OF PROSPER, TEXAS
By: __________________________________
Name: Mario Canizares
Title: Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ____ day of
_______________, 2026, by Mario Canizares, Town Manager for the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
_____________________________________
Notary Public, State of Texas
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EXHIBIT A-1
Tract 1
Property Legal Description
SITUATED in the Town of Prosper, County of Collin, State of Texas, being a part of the Collin
County School Land Survey, Abstract No. 147, being a part of the 221.617 acre tract conveyed
by Special Warranty Deed from Legacy Estates At Prosper Trail, Inc. to BGY Prosper 221, LLC
on November 17, 2017, as recorded in Instrument No. 20171121001544530, Official Public
Records, Collin County, Texas, being more particularly described by metes and bounds as
follows, to-wit:
BEGINNING at a 5/8 inch rebar found in the South right-of-way line of Frontier Parkway, a
public street, at the most Northern Northeast corner of the 120.5159 acre tract of land conveyed
to Legacy Frontier, LLC, recorded in Instrument No. 20150203000121210, said Official Public
Records, and the most Northern Northwest corner of both said BGY Prosper 221, LLC 221.617
ac. and the herein described tract;
THENCE North 89 deg. 27 min. 08 sec. East, with the South right-of-way line of said Frontier
Parkway and the a North line of said BGY Prosper 221, LLC 221.617 ac., a distance of 2,857.13
ft. to a 1/2 inch capped rebar found, stamped “Peiser & Mankin” at the Northwest corner of the
34.557 acre tract of land conveyed to Urban Heights at Frontier, LLC, recorded in Instrument
No. 2022000131196, said Official Public Records and the most Northern Northeast corner of
both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract;
THENCE South 00 deg. 45 min. 19 sec. East, with the West line of said Urban Heights 34.557
ac. and BGY Prosper 221, LLC 221.617 ac., a distance of 1,325.77 ft. to a 1/2 inch capped rebar
found, stamped “RPLS 6585” at the Northwest corner of the 34.709 acre tract of land conveyed
to AABVC-DNT-WEST-FRT, LP, recorded in Instrument No. 20210820001693210, said
Official Public Records, the Southwest corner of said Urban Heights at Frontier, LLC 34.557 ac.
and an angle point of the herein described tract;
THENCE South 00 deg. 45 min. 51 sec. East, with the West line of said AABVC-DNT-WEST-
FRT 34.709 ac. and BGY Prosper 221, LLC 221.617 ac., a distance of 1,053.43 ft. to a 1/2 inch
capped rebar set, stamped “RPLS 6578” at the most Eastern Southeast corner of the herein
described tract, SAID rebar bears North 00 deg. 45 min. 48 sec. West, 271.18 ft. from a 5/8 inch
capped rebar found, stamped “Manhard” at the Southwest corner of said AABVC-DNT-WEST-
FRT 34.709 ac.;
THENCE Westerly, Northerly and Southerly, over and across said BGY Prosper 221, LLC
221.617 ac., the following calls and distances:
1. South 89 deg. 14 min. 22 sec. West, a distance of 54.50 ft. to a point at a
Southwest corner of the herein described tract;
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2. North 00 deg. 45 min. 38 sec. West, a distance of 110.00 ft. to an Ell corner of the
herein described tract;
3. South 89 deg. 14 min. 22 sec. West, a distance of 25.00 ft. to an Ell corner of the
herein described tract;
4. South 00 deg. 45 min. 38 sec. East, a distance of 125.89 ft. to a point at a
Southeast corner of the herein described tract;
5. South 89 deg. 15 min. 02 sec. West, a distance of 130.00 ft. to a point at a
Southwest corner of the herein described tract ;
6. North 00 deg. 45 min. 38 sec. West, a distance of 7.75 ft. to an Ell corner of the
herein described tract;
7. South 89 deg. 14 min. 22 sec. West, a distance of 50.00 ft. to an Ell corner of the
herein described tract;
8. South 00 deg. 45 min. 38 sec. East, a distance of 9.18 ft. to a point;
9. South 46 deg. 02 min. 41 sec. West, a distance of 12.22 ft. to a point at the
beginning of said curve;
10. Northwesterly, with a curve to the right, having a central angle of 1 deg. 17 min.
01 sec., a radius of 769.99 ft. (chord bears North 86 deg. 09 min. 46 sec. West, 17.25 ft.),
an arc distance of 17.25 ft. to a point at the end of said curve;
11. North 85 deg. 31 min. 16 sec. West, a distance of 103.54 ft. to a 1/2 inch capped
rebar set, stamped “RPLS 6578” at the most Southern Southeast corner of the 13.038 acre
tract of land conveyed to Prosper Independent School District, recorded in Instrument
No. 20200817001343650, Official Public Records, (formerly a part of the BGY Prosper
221, LLC 221.617 ac.) and the most Southerly Southwest corner of the herein described
tract;
THENCE Northerly, Easterly, Westerly and Southerly with the East, North and West lines of
said Prosper ISD 13.038 ac., the following calls and distances:
1. North 00 deg. 51 min. 37 sec. West, a distance of 135.99 ft. to a 5/8 inch rebar
found at the beginning of curve;
2. Northeasterly, with a curve to the right, having a central angle of 7 deg. 59 min.
26 sec., a radius of 861.00 ft. (chord bears North 03 deg. 13 min. 58 sec. East, 119.98 ft.),
an arc distance of 120.08 ft. to a 5/8 inch capped rebar found, stamped “TNP” at the
beginning of a reverse curve;
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4) - Page 20 of 35
3. Northeasterly, with a curve to the left, having a central angle of 7 deg. 59 min. 26
sec., a radius of 169.00 ft. (chord bears North 03 deg. 13 min. 58 sec. East, 23.55 ft.), an
arc distance of 23.57 ft. to a 5/8 inch capped rebar found, stamped “TNP”;
4. North 00 deg. 45 min. 45 sec. West, a distance of 271.36 ft. to a 1/2 inch rebar
found at an Ell corner of said Prosper ISD 13.038 ac. and a Northwest corner of the
herein described tract;
5. North 89 deg. 14 min. 15 sec. East, a distance of 130.00 ft. to a 5/8 inch rebar
found at the most Eastern Southeast corner of said Prosper ISD 13.038 ac. and an Ell
corner of the herein described tract;
6. North 00 deg. 45 min. 45 sec. West, a distance of 48.74 ft. to a 5/8 inch rebar
found;
7. North 08 deg. 40 min. 57 sec. West, a distance of 59.23 ft. to a 5/8 inch rebar
found at the beginning of curve;
8. Northwesterly, with a curve to the right, having a central angle of 6 deg. 05 min.
52 sec., a radius of 325.00 ft. (chord bears North 03 deg. 48 min. 41 sec. West, 34.57 ft.),
an arc distance of 34.59 ft. to a 5/8 inch capped rebar found, stamped “TNP”;
9. North 00 deg. 45 min. 45 sec. West, a distance of 32.21 ft. to a 5/8 inch rebar
found at the Northwest corner of said Prosper ISD 13.038 ac. and an Ell corner of the
herein described tract;
10. South 89 deg. 14 min. 15 sec. West, a distance of 935.00 ft. to a 5/8 inch capped
rebar found, stamped “TNP” at the Northwest corner of said Prosper ISD 13.038 ac. and
an Ell corner of the herein described tract;
11. South 00 deg. 45 min. 45 sec. East, a distance of 404.64 ft. to a 1/2 inch capped
rebar set, stamped “RPLS 6578” at the beginning of said curve;
12. Southeasterly, with a curve to the left, having a central angle of 20 deg. 38 min.
16 sec., a radius of 270.00 ft. (chord bears South 11 deg. 07 min. 55 sec. East, 96.73 ft.),
an arc distance of 97.25 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at a
Southeast corner of the herein described tract;
THENCE Westerly and Southerly, over and across said BGY Prosper 221, LLC 221.617 ac., the
following calls and distances:
1. South 67 deg. 41 min. 17 sec. West, a distance of 60.01 ft. to a point at the
beginning of curve;
Page 89
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THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 21 of 35
2. Southeasterly, with a curve to the right, having a central angle of 27 deg. 01 min.
05 sec., a radius of 330.00 ft. (chord bears South 27 deg. 01 min. 05 sec. East, 63.245 ft.),
an arc distance of 63.34 ft. to a point at the end of said curve;
3. South 89 deg. 12 min. 50 sec. West, a distance of 124.41 ft. to a in an Easterly
line of said Legacy Frontier, LLC 120.5159 ac., the Ell corner of said BGY Prosper 221,
LLC 221.617 ac. and a Southwest corner of the herein described tract;
THENCE North 01 deg. 14 min. 52 sec. West, with an East line of said Legacy Frontier, LLC
120.5159 ac. and a West line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,105.02
ft. to a 1/2 inch capped rebar found, stamped “Peiser & Mankin” at the most Eastern Northeast
corner of said Legacy Frontier, LLC 120.5159 ac. and an Ell corner of both said BGY Prosper
221, LLC 221.617 ac. and the herein described tract;
THENCE South 89 deg. 11 min. 54 sec. West, with a North line of said Legacy Frontier, LLC
120.5159 ac. and a South line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,532.96
ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at an Ell corner of said Legacy Frontier,
LLC 120.5159 ac. and the most Western Southwest corner of both said BGY Prosper 221, LLC
221.617 ac. and the herein described tract;
THENCE North 00 deg. 00 min. 34 sec. West, with an East line of said Legacy Frontier, LLC
120.5159 ac. and a West line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,155.80
ft. to the PLACE OF BEGINNING and containing 99.343 ACRES of land.
[Property description continues on the following pages.]
Page 90
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 22 of 35
Tract 2
Property Legal Description
Page 91
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 23 of 35
Page 92
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 24 of 35
EXHIBIT A-2
TRACT 1
Property Depiction
Page 93
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 25 of 35
TRACT 2
Property Depiction
Page 94
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 26 of 35
EXHIBIT B
Thoroughfare Improvements
(see attached)
Page 95
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 27 of 35 Page 96
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 28 of 35
EXHIBIT C
Estimated Construction Costs for the Thoroughfare Improvements
Item
No.Description Unit Quantity Unit Price Amount
F-EI CONSTRUCTION ENTRANCE EA 1 3,500.00$ 3,500.00$
F-E2 CLEARING & GRUBBING (INCLUDES TREE CLEARING/DISPOSAL) AC 6.5 625.00$ 4,062.50$
F-E3 UNCLASSIFIED EXCAVATION, PLACEMENT, & COMPACTION CY 570 2.65$ 1,510.50$
F-E4 PLACEMENT OF EXCESS FILL CY 18,480 3.51$ 64,864.80$
F-E5 MOISTURE CONDITION ROADS, 4' DEPTH CY 12,892 2.70$ 34,807.62$
F-P1 10" REINFORCED CONCRETE PAVEMENT - MIN 3500 PSI W/ NO. 4 BARS 18" O.C.B.W. SY 8,401 65.00$ 546,065.00$
F-P2 12" THICK LIME STABILIZED SUBGRADE SY 9,669 4.50$ 43,510.50$
F-P3 HYDRATED LIME (81#/SY) - ASSUMING IN-PLACE UNIT WEIGHT OF 100 PCF TONS 392 300.00$ 117,600.00$
F-P4 MOISTURE BARRIER MIN. 10 MIL POLYETHYLENE SHEETING SY 3,269 2.00$ 6,538.00$
F-P5 DIRECTIONAL BARRIER FREE RAMP (WIDTH PER PLAN) EA 2 3,200.00$ 6,400.00$
F-P6 STANDARD STREET PAVEMENT HEADER LF 61 20.00$ 1,220.00$
F-P7 ROCK RIP RAP @ STREET PAVEMENT HEADER SY 4 125.00$ 500.00$
F-P8 SAWCUT/DEMO EXISTING CURB & CONCRETE LF 347 15.00$ 5,205.00$
F-P9 24" WHITE STOP LINE PM(1)-20 LF 24 10.00$ 240.00$
F-P10 8" WHITE LINE TXDOT PM(3)-20 LF 617 3.00$ 1,851.00$
F-P11 4" DASHED WHITE LINE TXDOT PM(3)-20 W/ TYPE I-C RAISED PAVEMENT MARKERS
TXDOT PM(2)-20 LF 2,642 0.75$ 1,981.50$
F-P12 REFL PAV MARK TY I (W) TURN ARROW (90MIL) EA 10 165.00$ 1,650.00$
F-P13 REFL PAV MARK TY I (W) WORD (90MIL) EA 4 175.00$ 700.00$
F-P14 OM4-1 SIGN EA 6 150.00$ 900.00$
F-P15 R4-7 SIGN EA 1 385.00$ 385.00$
F-P16 W13-1-25 SIGN EA 1 360.00$ 360.00$
F-P17 W13-1-45 SIGN EA 3 360.00$ 1,080.00$
F-P18 R11-2 SIGN MOUNTED TO TYPE III BARRICADE EA 3 250.00$ 750.00$
F-P19 TYPE III BARRICADE EA 4 1,000.00$ 4,000.00$
F-P20 TRAFFIC CONTROL LS 1 1,000.00$ 1,000.00$
F-P21 MAINTENANCE BOND LS 1 8,000.00$ 8,000.00$
F-EC1 SILT FENCE LF 6,640 2.45$ 16,268.00$
F-EC2 INLET PROTECTION EA 12 175.00$ 2,100.00$
F-EC3 EROSION CONTROL BLANKET (CURLEX) LF 8,099 0.78$ 6,317.22$
F-LA1 SOD LAWN - SOUTH OF ROADWAY (ONLY 1' BEHIND BACK OF CURB) SF 2,671 1.00$ 2,670.60$
F-LA2 SEED LAWN - SOUTH OF ROADWAY AC 0 395.00$ 181.70$
F-LA3 SEED LAWN - MEDIAN AC 3 395.00$ 1,109.95$
F-LA4 LAWN IRRIGATION BY WATER TRUCK - MEDIAN (EXCLUDES WATER METER AND
WATER COSTS; 16 WEEKS, 5 DAYS/WEEK)DAY 80 $ 1,200.00 $ 96,000.00
F-E5 MOISTURE CONDITION ROADS, 4' DEPTH CY 1,590 (2.70)$ (4,293.00)$
F-P1 10" REINFORCED CONCRETE PAVEMENT - MIN 3500 PSI W/ NO. 4 BARS 18" O.C.B.W. SY 1,173 (65.00)$ (76,245.00)$
F-P2 12" THICK LIME STABILIZED SUBGRADE SY 1,191 (4.50)$ (5,359.50)$
F-P3 HYDRATED LIME (81#/SY) - ASSUMING IN-PLACE UNIT WEIGHT OF 100 PCF TONS 48 (300.00)$ (14,400.00)$
F-P4 MOISTURE BARRIER MIN. 10 MIL POLYETHYLENE SHEETING SY 573 (2.00)$ (1,146.00)$
(101,443.50)$
881,885.39$
Exhibit C
Deduction of Median Opening, Left Turn Lanes, and Right Turn Lane
Total Deduction of Median Opening, Left Turn Lanes, and Right Turn Lane
Subtotal - Frontier Earthwork, Paving, Erosion Control, and Landscaping
Frontier Earthwork, Paving, Erosion Control, and Landscaping
Page 97
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 29 of 35
Item
No.Description Unit Quantity Unit Price Amount
F-D1 18" REINFORCED CONCRETE PIPE LF 943 67.28$ 63,445.04$
F-D2 24" REINFORCED CONCRETE PIPE LF 764 79.97$ 61,097.08$
F-D3 27" REINFORCED CONCRETE PIPE LF 5 92.08$ 460.40$
F-D4 42" REINFORCED CONCRETE PIPE LF 28 154.53$ 4,326.84$
F-D5 42" CLASS IV REINFORCED CONCRETE PIPE LF 15 175.09$ 2,626.35$
F-D6 8'X5' REINFORCED CONCRETE BOX LF 147 548.78$ 80,670.66$
F-D7 8'X5' GASKETED REINFORCED CONCRETE BOX LF 25 560.68$ 14,017.00$
F-D8 10'X5'GASKETED REINFORCED CONCRETE BOX LF 325 872.30$ 283,497.50$
F-D9 12'X4' REINFORCED CONCRETE BOX LF 31 923.78$ 28,637.18$
F-D10 12'X5' REINFORCED CONCRETE BOX LF 342 964.56$ 329,879.52$
F-D11 12'X5'GASKETED REINFORCED CONCRETE BOX LF 345 1,043.30$ 359,938.50$
F-D12 4' CONCRETE MANHOLE W' 30" LID ON TOP OF 12'X5' RCB CONNECTION EA 1 5,800.00$ 5,800.00$
F-D13 STANDARD 10' RECESSED CURB INLET EA 8 7,700.00$ 61,600.00$
F-D14 NON-STANDARD DEPTH 10' RECESSED CURB INLET EA 4 8,400.00$ 33,600.00$
F-D15 18" GABION MATTRESS SY 136 412.50$ 56,100.00$
F-D16 12" GROUTED RIP RAP OVER FILTER FABRIC SY 102 179.00$ 18,258.00$
F-D17 CONNECT TO EXISTING STORM EA 2 1,000.00$ 2,000.00$
F-D18 CONNECT TO PHASE 3 STORM EA 2 1,000.00$ 2,000.00$
F-D19 CUSTOM DOUBLE BARRELL HEADWALL WITH TXDOT TYPE SW-O CONCRETE
WINGWALLS EA 1 49,400.00$ 49,400.00$
F-D20 VIDEO INSPECTION OF STORM DRAIN PIPE LF 2,970 1.80$ 5,346.00$
F-D21 TRENCH SAFETY LF 2,970 0.25$ 742.50$
1,463,442.57$
881,885.39$
1,463,442.57$
351,799.19$
2,697,127.15$
6. UNIT PRICES FOR SEEDING AND IRRIGATING LAWNS ARE BASED ON ESTIMATES RECEIVED FROM TERRADYNE ON 12/ 4/ 2025.
1. UNIT PRICES FOR EARTHWORK ARE BASED ON BIDS RECEIVED FROM FCS CONSTRUCTION ON 1/ 16/ 2025.
2. UNIT PRICES FOR PAVING ARE BASED ON BIDS RECEIVED FROM MARIO SINACOLA ON 7/28/2025.
4. UNIT PRICES FOR LANDSCAPING ARE BASED ON OPINION OF PROBABLE COST RECEIVED FROM GARRISON-JONES ON 7/28/2025.
Contingency (15%)
Total
Frontier Storm Drainage System
Subtotal: Frontier Storm Drainage System
Subtotal: Frontier Paving System
Subtotal: Frontier Storm Drainage System
5. UNIT PRICES FOR UTILITIES ARE BASED ON BIDS RECEIVED FROM C.W. YOUNG CONSTRUCTION ON 7/30/2025.
NOTES:
3. UNIT PRICES FOR EROSION CONTROL ARE BASED ON BIDS RECEIVED FROM TERRADYNE ON 1/23/2025.
Page 98
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND
4) - Page 30 of 35
EXHIBIT D
Third-Party Rights-of-Way and/or Easements
[See attached.]
Page 99
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 31 of 35 Page 100
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page
32 of 35
EXHIBIT E
Thoroughfare Service Areas
[See attached.]
Page 101
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 33 of 35 Page 102
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page
34 of 35
EXHIBIT F-1
Existing and Remaining Shawnee Improvements
Page 103
Item 11.
THOROUGHFARE IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 35 of 35 EXHIBIT F-2 Overlapping Service Area 4914-1490-9047v.15 Page 104
Item 11.
Page 1 of 2
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Re: Water Impact Fees Reimbursement Agreement
(Legacy Gardens Phases 3 and 4)
Town Council Meeting – January 27, 2026
Strategic Visioning Priority: 1. Acceleration of Infrastructure
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Water Impact Fees
Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper, Texas,
related to the construction of a water line along Frontier Parkway to serve the Legacy Gardens
Phases 3 and 4 developments.
Description of Agenda Item:
Toll Southwest LLC, is developing Legacy Gardens Phases 3 and 4 on the west side of Shawnee
Trail south of Frontier Parkway. To facilitate the development, they have agreed to construct a 12”
water line on Frontier Parkway from the western limit of the development to the eastern limit of the
development adjacent to Shawnee Trail, as shown on Exhibit B in the agreement.
Since the proposed water line is depicted on the Town of Prosper Water System Capital
Improvement Plan, the actual costs for the design and construction of the improvements are
eligible for reimbursement of water impact fees collected by the development. The purpose of the
Water Impact Fees Reimbursement Agreement is to outline the obligations of the Town of Prosper,
and Toll Southwest LLC, related to the design, construction, credit and reimbursement of collected
water impact fees to fund the project.
Budget Impact:
The estimated cost for the design and construction of the extension of approximately 2,804 feet of
a 12” water line is $447,598. The current anticipated water impact fees owed by the Legacy
Gardens Phases 3 and 4 development is $1,031,670. In the event that full reimbursement has not
been made to Toll Southwest LLC, by the Town after the expiration of ten (10) years from the date
of the Town’s acceptance of the water line, the Town will reimburse Toll Southwest LLC, any
shortfall.
ENGINEERING
SERVICES
Page 105
Item 12.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. Toll Southwest LLC, will contribute up to $2,000 towards the legal preparation fees.
Attached Documents:
1. Town of Prosper Water System Capital Improvement Plan
2. Water Impact Fees Reimbursement Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Water
Impact Fees Reimbursement Agreement between Toll Southwest LLC, and the Town of Prosper,
Texas, related to the construction of a water line along Frontier Parkway to serve the Legacy
Gardens Phases 3 and 4 developments.
Proposed Motion:
I move to authorize the Town Manager to execute a Water Impact Fees Reimbursement
Agreement between Toll Southwest LLC, and the Town of Prosper, Texas, related to the
construction of a water line along Frontier Parkway to serve the Legacy Gardens Phases 3 and 4
developments.
Page 106
Item 12.
Town of Prosper Water System Capital Improvement Plan
(Legacy Gardens Phases 3 and 4)
Frontier Parkway Legacy Drive Shawnee Trail DNT Page 107
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4)
Page 1 of 27
WATER IMPACT FEES REIMBURSEMENT AGREEMENT
(LEGACY GARDENS – PHASES 3 AND 4)
THIS WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY
GARDENS – PHASES 3 AND 4) (“Agreement”) is made and entered into this ___ day of
_______________, 2026 (the “Effective Date”), by and between the TOWN OF
PROSPER, TEXAS (“Prosper” or the “Town”), and TOLL SOUTHWEST LLC, a Delaware
limited liability company (“Developer”), collectively referred to as the “Parties” and each
individually as a “Party”.
W I T N E S S E T H:
WHEREAS, Developer is developing Phase 3 and Phase 4 of a residential
development on certain Property (defined herein) in the Town, known as “Legacy
Gardens, Phases 3 and 4” (“Project”) which development previously has been approved
by the Town; and
WHEREAS, the legal description of the real property subject to this Agreement is
attached hereto as Exhibit A-1, incorporated herein by reference for all purposes, and
depicted on Exhibit A-2, incorporated herein by reference for all purposes (the
“Property”); and
WHEREAS, pursuant to the Water and Wastewater Improvement Plan (the
“Master Water Plan”), Developer desires, subject to the terms and conditions set forth
herein, to construct certain Water Improvements (as defined in Subparagraph 1(b),
below) to serve the Property; and
WHEREAS, Developer desires to fulfill a portion of its obligation to pay Water
Impact Fees (as defined in Subparagraph 1(a), below) as prescribed in Article 10.02 of
Chapter 10 of the Town’s Code of Ordinances, as now existing or as may hereafter be
amended (the “Impact Fee Ordinance)”; and
WHEREAS, in an effort to facilitate the construction of certain water improvements
serving the Project, the Parties have agreed to the terms and provisions of this
Agreement; and
WHEREAS, this Agreement clearly is in the best interests of the Town and
Developer and it is deemed mutually beneficial to each that the construction of water
improvements for the Project proceed as is further described herein; and
NOW, THEREFORE, in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the Town and Developer covenant and agree as follows:
Page 108
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4)
Page 2 of 27
1. Impact Fees and Water Improvements.
(a) Subject to the provisions of this Paragraph 1 and this Agreement, the
Property will be assessed water impact fees at the rates then in effect pursuant to the
Impact Fee Ordinance as it presently exists or may be subsequently amended (the “Water
Impact Fees”).
(b) As a condition to receipt of the Water Costs Reimbursement (hereinafter
defined) and subject to Force Majeure, Developer shall, at its sole cost and expense,
except as provided in Paragraph 3 below, construct and install or cause the construction
and installation of: (i) approximately 2,804 linear feet of 12-inch waterline extension in
Frontier Parkway; and (ii) one (1) 12-inch waterline stub (approximately 20 linear feet) to
service residential street, Florencia Way, each in the locations generally depicted on
Exhibit B, attached hereto and incorporated herein for all purposes (collectively referred
to herein as the “Water Improvements”). The description of the Water Improvements in
this Subparagraph 1(b) and/or location of such improvements shown on Exhibit B may
be modified by the engineering plans for the Water Improvements as the design is further
refined, and minor modifications to such description herein and/or location shown on
Exhibit B may be approved by the Town’s Engineer without requiring an amendment of
this Agreement. Notwithstanding the foregoing, Developer shall not be required to
construct or fund any additional water improvements or facilities within or related to
Frontier Parkway in excess of the scope of the Water Improvements as specifically
described herein. The Water Improvements are a portion of Project No. 22 in the Master
Water Plan.
(c) Developer shall use commercially reasonable efforts to bid the construction
of the Water Improvements as shown in the related construction plans set with three (3)
Qualified Contractors (as defined herein) and shall provide copies of the bids received for
such items to Town within thirty (30) days of Developer’s receipt of same. For the
avoidance of doubt, Developer may bid the construction of the Water Improvements along
with or separate from construction of other infrastructure improvements for the Project
(e.g., road, drainage and/or trail improvements), in its discretion. Developer shall execute
one or more contract(s) for the construction of the Water Improvements (which may also
include construction of other infrastructure improvements for the Project, in Developer’s
discretion) with the lowest responsible and qualified bidder, as mutually and reasonably
determined by Town and Developer. With respect to the Water Improvements, Developer
shall: (i) commence, or cause to be commenced, construction of the Water Improvements
following: (A) the execution of this Agreement; and (B) approval of the Water
Improvements’ engineering plans, specifications and designs by Town’s Engineer, which
approval shall not be unreasonably withheld, conditioned or delayed; (ii) construct each
portion of the Water Improvements in accordance with this Agreement and otherwise in
accordance with Town-approved engineering plans, specifications and designs; and (iii)
complete each portion of the Water Improvements and obtain Town’s acceptance of same
prior to Town’s final acceptance of the Water Improvements. Notwithstanding anything to
the contrary set forth herein or in applicable Town ordinances, rules or regulations, the
Town agrees that if, in connection with construction of the Water Improvements, any trees
are required to be removed pursuant to the Town approved plans and specifications for
Page 109
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4)
Page 3 of 27
construction of the Water Improvements, Developer may not be required to comply with
any applicable tree mitigation requirements. Developer must inform the Town of any tree
removal that does not comply with any applicable tree mitigation requirements. For
purposes of this Agreement a “Qualified Contractor” means a person, firm, corporation or
business entity that is the holder of a valid registration with the Town under Ch. 3, Building
Regulations, Article 3.15 Registration of Contractors of the Code of Ordinances, Town of
Prosper, Texas (“Town’s Code of Ordinances”).
(d) For clarification, the construction and completion of the Water
Improvements may occur after the approval and/or recordation of the final plat(s) for the
Property, and the Town agrees the construction and/or completion of the Water
Improvements will not be a condition to approval or recording of the final plat(s) for the
Property.
(e) After completion of the Water Improvements, Developer shall secure or
shall cause its contractor to secure one or more maintenance bond(s) that guarantee(s)
payment of the costs of any repairs that may become necessary to any part of the
construction work performed in connection with the Water Improvements, arising from
defective workmanship or materials used therein, for a period of two (2) years from the
date of the Town’s acceptance of the Water Improvements. The bond may include other
improvements Developer completes (e.g., thoroughfare improvements) related to the
Water Improvements. From and after completion of the Water Improvements, or any
portion thereof, the Town agrees to and will be responsible for all maintenance and
operation of the Water Improvements, including costs related thereto (except any costs
covered by the maintenance bond while such bond is in effect).
(f) The estimated Water Improvements construction costs are approximately
Four Hundred Forty-Seven Thousand Five Hundred Ninety-Eight and 20/100 Dollars
($447,598.20), as more particularly described in Exhibit C, attached hereto and
incorporated herein for all purposes (the “Estimated Water Construction Costs”).
Developer acknowledges and agrees that Town is relying on Developer’s engineer’s
representation and warranty that the Estimated Water Construction Costs are as
described in Exhibit C. Prior to receiving any reimbursement described in Paragraph 3
below, Developer shall tender to Town evidence, in a form(s) reasonably acceptable to
Town, that all of the actual Water Improvements construction costs
(the “Water Improvement Costs”) have been paid by or on behalf of Developer, including
but not limited to, Affidavits of Payment/Affidavits as to Debts and Liens and any other
evidence reasonably required by Town evidencing payment of construction costs
(“Evidence of Payment(s)”).
(g) The Parties acknowledge that Developer shall construct the Water
Improvements, as generally depicted in Exhibit B and as described herein and in Exhibit
C, the cost of which do not exceed the municipal participation limit referenced in Section
212.072(b) of the Texas Local Government Code, as amended.
2. Easements.
Page 110
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4)
Page 4 of 27
(a) Prior to or substantially concurrent with the Town’s acceptance of the Water
Improvements, Developer agrees to convey to the Town easements or rights-of-way for
the portion of the Water Improvements within the bounds of the Property by plat or
separate instrument in accordance with applicable Town subdivision ordinances.
(b) Third-Party Rights-of-Way and/or Easements. The Town agrees that no
rights-of-way or easements from third-parties will be needed or required for construction
or completion of the Water Improvements; therefore, the Town agrees that it will not
require Developer to obtain any rights-of-way or easements from third parties for the
construction of the Water Improvements and will not require the scope of the Water
Improvements to increase beyond the scope of such improvements as specifically defined
and described in this Agreement (which such improvements are located within the bounds
of the Property).
3. Reimbursement of Project Costs from Water Impact Fees.
(a) Provided Developer completes or causes the completion of the Water
Improvements in accordance with this Agreement, Developer shall receive
reimbursement of its Water Improvement Costs from the Water Impact Fees collected by
Town related to service from the Water Improvements, which shall include all Water
Impact Fees collected from development within the Property and within the Water Service
Areas (defined herein) subject to the terms of this Agreement.
(b) A depiction of the service area(s) for the Water Improvements is attached
hereto as Exhibit D and made part hereof (the “Water Service Areas”). The Water Service
Areas may be expanded from time to time and, upon such expansion, Exhibit D shall be
amended accordingly.
(c) Water Impact Fees collected by Town related to service from the Water
Improvements, including fees collected with respect both to service to the Property and
service to property other than the Property within the Water Service Areas, if any, shall
be utilized to reimburse Developer until the entire amount due to Developer for the Water
Costs Reimbursement is paid in full. Exhibit D provides an estimate of remaining Water
Impact Fees anticipated to be paid from properties in the Water Service Areas within the
Property; however, the estimate is provided for informational purposes and the Water
Costs Reimbursement herein shall not be limited by such estimate.
(d) The reimbursement amount shall be an amount equal to the actual
construction costs associated with the Water Improvements (the “Water Costs
Reimbursement”). For the avoidance of doubt, the Water Costs Reimbursement is not
limited by the Estimated Water Construction Costs, which is being provided for
informational purposes. The phrase “construction costs” as used throughout this
Agreement shall include design costs, construction costs (including but not limited to all
costs for labor, supplies and materials), engineering costs, surveying costs, costs for any
easements, inspection fees, maintenance bonds, staking costs, geotechnical materials
testing associated with the Water Improvements or any portion thereof; and any other
costs not listed herein but shown on Exhibit C.
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(e) All Water Impact Fees collected by Town as set forth in Subparagraph 3(c)
shall be paid by Town to Developer on a quarterly basis after Developer has provided the
Town with the Evidence of Payment(s) evidencing the Water Improvement Costs in
accordance with Subparagraph 1(f) herein, within thirty (30) days following each March
31, June 30, September 30, and December 31 until Developer has received the full
amount of the Water Costs Reimbursement.
(f) NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TOWN
SHALL NOT BE OBLIGATED TO PROVIDE THE PROPERTY WITH THE WATER
COSTS REIMBURSEMENT FOR ANY CONSTRUCTION COSTS ASSOCIATED WITH
THE WATER IMPROVEMENTS UNLESS AND UNTIL DEVELOPER PROVIDES THE
EVIDENCE OF PAYMENT(S) EVIDENCING THE WATER IMPROVEMENT COSTS IN
ACCORDANCE WITH SUBPARAGRAPH 1(F) HEREIN.
(g) Developer and Town acknowledge and agree that: (i) the Water Impact
Fees collected may be less than the Water Costs Reimbursement to which Developer is
entitled and Town does not guarantee the amount of Water Impact Fees that will be
collected; (ii) after a period of ten (10) years, any shortfall between the Water Impact Fees
collected pursuant to Subparagraph 3(c) and the Water Costs Reimbursement due to
Developer shall be paid to Developer from Town; and (iii) Water Impact Fees owed on
the Property shall be paid in accordance with the Impact Fee Ordinance.
4. Assignment. Developer shall have the right to assign this Agreement, in
whole or in part (from time to time without the consent of the Town, but upon written notice
to the Town) including any obligation, right, title, or interest of Developer under this
Agreement, to (i) any person or entity that is or will become an owner of all or any portion
of the Property; (ii) any homeowners’ association, property owners’ association or similar
entity applicable to the Property or any portion thereof (each an “HOA”); or (iii) any entity
that is controlled by, controlling or under common control with Developer (each such
person or entity, an “Assignee”). Each assignment shall be in writing executed by
Developer and the Assignee and shall obligate the Assignee to be bound by this
Agreement to the extent of any rights so assigned. A copy of each assignment shall be
provided to the Town. Provided that an Assignee assumes the liabilities, responsibilities,
and obligations of the assignor under this Agreement, the assigning party will be released
from any rights and obligations under this Agreement as to the Property (or portion
thereof) that is the subject of such assignment, effective upon receipt of the assignment
by the Town. No assignment by Developer shall release Developer from any liability that
resulted from an act or omission by Developer that occurred prior to the effective date of
the assignment. Except for an assignment permitted by Subparagraphs 4(i), 4(ii) or 4(iii)
above, Developer may not assign this Agreement without the Town’s prior consent, which
shall not be unreasonably withheld, conditioned or delayed. As to the sale of land by
Developer to any party to whom this Agreement has not been assigned, in whole or in
part, the purchaser thereof shall have no rights or obligations under this Agreement and
this Agreement shall not apply with respect to such land.
5. Default.
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(a) If Developer fails to comply with any provision of this Agreement after
receiving forty-five (45) days’ written notice to comply from the Town or such longer period
as may be reasonably necessary provided that Developer commences to cure the default
or breach within the 45-day period and proceeds with reasonable diligence thereafter to
complete such cure (the “Cure Period”), then so long as such default continues after the
expiration of the Cure Period and is not cured, the Town shall have the following remedy
in addition to the Town’s other rights and remedies:
(i) right to refuse, without notice and/or any other action, to issue and/or
apply the reimbursements set forth in Paragraph 3.
(b) For the avoidance of doubt, Developer shall not be in default under this
Agreement if, within the Cure Period, Developer begins performance and thereafter
diligently and continuously pursues performance until the alleged failure has been cured.
(c) In the event Town fails to comply with the terms and conditions of this
Agreement, Developer may seek specific enforcement of this Agreement, terminate this
Agreement or pursue any other remedies available at law or in equity.
6. Other Applicable Development Ordinances. Unless otherwise expressly
stipulated in this Agreement, nothing herein shall relieve any developer from
responsibilities for the construction of other public improvements under applicable
development ordinances of the Town.
7. Limitations of Agreement. The Parties hereto acknowledge that this
Agreement is limited to the Water Impact Fees, as described in the Impact Fee Ordinance
(with respect to the impact fees) and this Agreement. Town ordinances covering property
taxes, utility rates, permit fees, inspection fees, development fees, sewer impact fees,
park fees, tap fees, pro-rata fees and the like are not affected by this Agreement. Further,
this Agreement does not waive or limit any of the obligations of Developer to Town under
any other ordinance, whether now existing or in the future arising except as provided
herein.
8. Covenant Running with Land; Binding Agreement. This Agreement
shall be a covenant running with the land and the Property and shall be binding upon the
Parties and each Party’s respective officers, directors, partners, employees,
representatives, agents, successors, assignees, vendors, grantees and/or trustees. In
addition, the Parties shall cause this Agreement to be filed in the Real Property Records
of Collin County, Texas.
9. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the Parties created hereunder
are performable in Collin County, Texas.
10. Notices. Any notice provided or permitted to be given under this Agreement
must be in writing and may be served by (i) depositing same in the United States mail,
addressed to the Party to be notified, postage pre-paid and registered or certified with
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return receipt requested, (ii) by electronic mail; or (iii) by delivering the same in person to
such Party via a hand–delivery service that provides a return receipt showing the actual
date of delivery of the same to the addressee; or (iv) any overnight courier service such
as Federal Express that provides a return receipt showing the date of actual delivery of
same to the addressee thereof. Notice given in accordance with (i), (iii) or (iv) herewith
shall be effective upon receipt at the address of the addressee. Notice given in
accordance with (ii) herewith shall be effective upon receipt at the address of the
addressee if given by 5:00 pm CT on a business day; otherwise, notice will be effective
on the next business day. For purposes of this Agreement a “business day” is a day that
is not a Saturday, Sunday, federal holiday or holiday in the State of Texas. For purposes
of notice, the addresses of the Parties shall be as follows:
If to Town, addressed to it at:
Town of Prosper
ATTN: Mario Canizares, Town Manager
P. O. Box 307
250 W. First Street
Prosper, Texas 75078
Telephone: (972) 346-2640
E-mail: mcanizares@prospertx.gov
With a copy to:
Brown & Hofmeister, L.L.P.
ATTN: Terrence S. Welch, Esq.
740 E. Campbell Road, Suite 800
Richardson, TX 75081
Telephone: (214) 747-6104
E-mail: twelch@bhlaw.net
If to Developer, addressed to it at:
Toll Southwest LLC
c/o Toll Brothers
ATTN: Mike Boswell, Vice President, Land Development
2555 SW Grapevine Parkway, Suite 100
Grapevine, TX 76051
E-mail: mboswell@tollbrothers.com
With a copy to:
Winstead PC
ATTN: Laura Hoffmann
2728 N. Harwood Street
Suite 500
Dallas, Texas 75201
E-mail: lhoffmann@winstead.com
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11. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
12. Sovereign Immunity. The Parties agree that Town has not waived its
sovereign immunity by entering into and performing its obligations under this Agreement;
however, for purposes of enforcement of this Agreement, Town agrees that it has waived
its sovereign immunity, and to that extent only.
13. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
14. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
15. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. An electronic
mail or facsimile signature will also be deemed to constitute an original if properly
executed and delivered to the other Party.
16. Entire Agreement. This Agreement contains the entire agreement between
the Parties hereto with respect to the subject matter hereof and supersedes all prior
agreements, oral or written, with respect to the subject matter hereof. The provisions of
this Agreement shall be construed as a whole and not strictly for or against any Party.
17. Savings/Severability. Invalidation of any one of the provisions of this
document by judgment or court order shall in no way affect any of the other provisions,
which shall remain in full force and effect. In the event any provision of this Agreement
shall be determined by any court of competent jurisdiction to be invalid or unenforceable,
the Agreement shall, to the extent reasonably possible, remain in force as to the balance
of its provisions as if such invalid provision were not a part hereof.
18. Force Majeure. It is expressly understood and agreed by the Parties to this
Agreement that, except for monetary obligations (e.g., payment of a reimbursement), if
the performance of any obligations hereunder is delayed by reason of war; civil
commotion; acts of God; strike; inclement weather; shortages or unavailability of labor,
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supplies, or materials; incidence of disease or other illness that reaches outbreak,
epidemic, or pandemic proportions or other causes affecting the area in which the
Property is located; utility failures or delays; or other circumstances that are reasonably
beyond the control of the Party obligated or permitted under the terms of this Agreement
to do or perform the same, regardless of whether any such circumstance is similar to any
of those enumerated or not, the Party so obligated or permitted shall be excused from
doing or performing the same during such period of delay, so that the time period
applicable to such obligation or performance requirement and any applicable completion
deadline shall be extended for a period of time equal to the period such Party was delayed
(“Force Majeure”).
19. Conflicts. In the event of any conflict between this Agreement and any
other ordinance, rule, regulation, standard, policy, order, guideline or other Town-adopted
or Town-enforced requirement, this Agreement shall control.
20. Authority to Execute. The Agreement shall become a binding obligation
on the Parties upon execution by all signatories hereto. The Town warrants and
represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. Developer warrants
and represents that the individual executing this Agreement on behalf of Developer has
full authority to execute this Agreement and bind Developer to the same. This Agreement
is and shall be binding upon the Parties and their respective successors, heirs, assigns,
grantees, vendors, trustees and representatives.
21. Mediation. The Parties shall attempt in good faith to resolve any
disagreement or conflict concerning this Agreement, including but not limited to any
disagreement or conflict concerning the interpretation of this Agreement. Either Party may
initiate negotiations to resolve such a disagreement or conflict by providing written Notice
to the other Party (the “Initial Notice”), setting forth the subject of the conflict and the
proposed solution. In the event such disagreement cannot be resolved by the Parties
hereto within sixty (60) days of the receiving Party’s receipt of the Initial Notice, the Parties
agree to submit such disagreement to nonbinding mediation before a single mediator
mutually agreed upon by the Parties who has had at least ten (10) years’ relevant
experience in the commercial real estate industry. If within fifteen (15) days after the date
of mediation, the Parties have not reached agreement on resolution of the conflict or
disagreement, then either Party may (but shall not be obligated to) commence an action
in accordance with the requirements of Paragraph 9 herein.
22. Indemnification. FROM THE EFFECTIVE DATE OF THIS AGREEMENT
TO THE DATE ON WHICH ALL WORK WITH RESPECT TO THE WATER
IMPROVEMENTS IS COMPLETED AND ALL WATER IMPROVEMENTS, HAVE BEEN
ACCEPTED BY THE TOWN (WHICH ACCEPTANCE WILL NOT BE UNREASONABLY
WITHHELD, CONDITIONED OR DELAYED), DEVELOPER, INDIVIDUALLY AND ON
BEHALF OF ITS RESPECTIVE OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES,
REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS,
GRANTEES AND/OR TRUSTEES, DOES HEREBY AGREE TO RELEASE, DEFEND,
INDEMNIFY AND HOLD HARMLESS THE TOWN AND ITS ELECTED AND
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APPOINTED OFFICIALS, OFFICERS, EMPLOYEES AND AGENTS FROM AND
AGAINST ALL DAMAGES, INJURIES (INCLUDING DEATH), CLAIMS, PROPERTY
DAMAGES (INCLUDING LOSS OF USE) LOSSES, DEMANDS, SUITS, JUDGMENTS
AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES AND EXPENSES
(INCLUDING ATTORNEY’S FEES AND EXPENSES INCURRED IN ENFORCING THIS
INDEMNITY), CAUSED BY THE NEGLIGENT, GROSSLY NEGLIGENT, AND/OR
INTENTIONAL ACT AND/OR OMISSION OF THE APPLICABLE DEVELOPER, ITS
OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, REPRESENTATIVES,
AGENTS, OR ANY OTHER THIRD PARTIES FOR WHOM SUCH DEVELOPER IS
LEGALLY RESPONSIBLE, IN ITS/THEIR PERFORMANCE OF THIS AGREEMENT,
INCLUDING BUT NOT LIMITED TO, THE CONSTRUCTION OF THE WATER
IMPROVEMENTS CONTEMPLATED HEREIN (HEREINAFTER “CLAIMS”).
DEVELOPER IS EXPRESSLY REQUIRED TO DEFEND THE TOWN AGAINST ALL
SUCH CLAIMS ARISING UNDER THIS AGREEMENT, AND THE TOWN IS REQUIRED
TO REASONABLY COOPERATE AND ASSIST DEVELOPER IN PROVIDING SUCH
DEFENSE. NOTWITHSTANDING THE FOREGOING, NO INDEMNIFICATION IS
GIVEN HEREUNDER FOR ANY ACTION, DAMAGE, CLAIM, LOSS OR EXPENSE
DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE
ATTRIBUTABLE TO THE WILLFUL MISCONDUCT OR SOLE NEGLIGENCE OF ANY
INDEMNIFIED PARTY, AND IN THE EVENT OF CONCURRENT FAULT OR
NEGLIGENCE OF THE PARTIES, LIABILITY, IF ANY, WILL BE ALLOCATED
COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
23. Approval of Counsel. In its reasonable discretion, the Town shall have the
right to approve counsel to be retained by Developer in fulfilling its obligation under
Paragraph 22 hereunder to defend and indemnify the Town. The Town reserves the right
to provide a portion or all of its’ own defense, at its sole cost; however, the Town is under
no obligation to do so. Any such action by the Town is not to be construed as a waiver of
Developer’s obligation to defend the Town or as a waiver of Developer’s obligation to
indemnify the Town pursuant to Paragraph 22 of this Agreement. Developer shall retain
Town-approved defense counsel within fifteen (15) business days’ of the Town’s written
notice that the Town is invoking its right to indemnification under this Agreement.
24. Survival. Paragraph 22, “Indemnification,” shall survive the termination of
this Agreement.
25. Additional Representations. Each signatory represents this Agreement
has been read by the Party for which this Agreement is executed and that such Party has
had the opportunity to confer with its counsel.
26. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
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27. No Third Party Beneficiaries. Nothing in this Agreement shall be
construed to create any right in any third party not a signatory to this Agreement, and the
Parties do not intend to create any third-party beneficiaries by entering into this
Agreement.
28. Rough Proportionality. Developer hereby agrees that any land or property
donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise,
to the Town relative to any development on the Property is (after receiving all contractual
offsets, credits and reimbursements) roughly proportional to the need for such land and
(after receiving all contractual offsets, credits and reimbursements) Developer hereby
waives any claim therefor that it may have. Developer further acknowledges and agrees
that all prerequisites to such a determination of rough proportionality have been met, and
that any costs incurred relative to said donation are related both in nature and extent to
the impact of the development referenced herein. Both Developer (after receiving all
contractual offsets, credits and reimbursements) and the Town further agree to waive and
release all claims one may have against the other related to any and all rough
proportionality and individual determination requirements mandated by the United States
Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well
as any other requirements of a nexus between development conditions and the provision
of water service to the Property.
29. Estoppel. Any Party shall, at any time upon reasonable request by any
other Party, provide an estoppel certificate or similar document evidencing that this
Agreement is in full force and effect, that no event of default exists hereunder (or, if
appropriate, specifying the nature and duration of any existing default and the steps
required to cure the same), and/or any other improvements or obligations set forth in this
Agreement.
30. Attorney’s Fees. Developer agrees to pay, or cause to be paid, to Prosper
any attorney’s fees charged to Prosper by Prosper’s legal counsel for, among other
things, legal review and revision of this Agreement and any resolutions needed for
approval of this Agreement, negotiations and discussions with Developer’s attorney and
the provision of advice to applicable Prosper Town Staff and the Prosper Town Council,
in an amount not to exceed $2,000.00 within thirty (30) days upon receipt of an invoice of
same from Prosper.
31. Captions and Headings. The captions and headings of the paragraphs of
this Agreement are for convenience and reference only and shall not affect, modify or
amplify the provision of this Agreement nor shall they be employed to interpret or aid in
the construction of this Agreement.
32. Waiver. Waiver by either Party of any breach of this Agreement, or the
failure of either Party to enforce any of the provisions of this Agreement, at any time, shall
not in any way affect, limit or waive such Party’s right thereafter to enforce and compel
strict compliance.
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IN WITNESS WHEREOF, the Parties hereto have caused this document to be
executed as of the date first above written.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES
FOLLOW]
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THE TOWN OF PROSPER, TEXAS
By: __________________________________
Name: Mario Canizares
Title: Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ____ day of
_______________, 2026, by Mario Canizares, Town Manager for the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
_____________________________________
Notary Public, State of Texas
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EXHIBIT A-1
Tract 1
Property Legal Description
SITUATED in the Town of Prosper, County of Collin, State of Texas, being a part of the Collin
County School Land Survey, Abstract No. 147, being a part of the 221.617 acre tract conveyed
by Special Warranty Deed from Legacy Estates At Prosper Trail, Inc. to BGY Prosper 221, LLC
on November 17, 2017, as recorded in Instrument No. 20171121001544530, Official Public
Records, Collin County, Texas, being more particularly described by metes and bounds as
follows, to-wit:
BEGINNING at a 5/8 inch rebar found in the South right-of-way line of Frontier Parkway, a
public street, at the most Northern Northeast corner of the 120.5159 acre tract of land conveyed
to Legacy Frontier, LLC, recorded in Instrument No. 20150203000121210, said Official Public
Records, and the most Northern Northwest corner of both said BGY Prosper 221, LLC 221.617
ac. and the herein described tract;
THENCE North 89 deg. 27 min. 08 sec. East, with the South right-of-way line of said Frontier
Parkway and the a North line of said BGY Prosper 221, LLC 221.617 ac., a distance of 2,857.13
ft. to a 1/2 inch capped rebar found, stamped “Peiser & Mankin” at the Northwest corner of the
34.557 acre tract of land conveyed to Urban Heights at Frontier, LLC, recorded in Instrument
No. 2022000131196, said Official Public Records and the most Northern Northeast corner of
both said BGY Prosper 221, LLC 221.617 ac. and the herein described tract;
THENCE South 00 deg. 45 min. 19 sec. East, with the West line of said Urban Heights 34.557
ac. and BGY Prosper 221, LLC 221.617 ac., a distance of 1,325.77 ft. to a 1/2 inch capped rebar
found, stamped “RPLS 6585” at the Northwest corner of the 34.709 acre tract of land conveyed
to AABVC-DNT-WEST-FRT, LP, recorded in Instrument No. 20210820001693210, said
Official Public Records, the Southwest corner of said Urban Heights at Frontier, LLC 34.557 ac.
and an angle point of the herein described tract;
THENCE South 00 deg. 45 min. 51 sec. East, with the West line of said AABVC-DNT-WEST-
FRT 34.709 ac. and BGY Prosper 221, LLC 221.617 ac., a distance of 1,053.43 ft. to a 1/2 inch
capped rebar set, stamped “RPLS 6578” at the most Eastern Southeast corner of the herein
described tract, SAID rebar bears North 00 deg. 45 min. 48 sec. West, 271.18 ft. from a 5/8 inch
capped rebar found, stamped “Manhard” at the Southwest corner of said AABVC-DNT-WEST-
FRT 34.709 ac.;
THENCE Westerly, Northerly and Southerly, over and across said BGY Prosper 221, LLC
221.617 ac., the following calls and distances:
1. South 89 deg. 14 min. 22 sec. West, a distance of 54.50 ft. to a point at a
Southwest corner of the herein described tract;
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2. North 00 deg. 45 min. 38 sec. West, a distance of 110.00 ft. to an Ell corner of the
herein described tract;
3. South 89 deg. 14 min. 22 sec. West, a distance of 25.00 ft. to an Ell corner of the
herein described tract;
4. South 00 deg. 45 min. 38 sec. East, a distance of 125.89 ft. to a point at a
Southeast corner of the herein described tract;
5. South 89 deg. 15 min. 02 sec. West, a distance of 130.00 ft. to a point at a
Southwest corner of the herein described tract ;
6. North 00 deg. 45 min. 38 sec. West, a distance of 7.75 ft. to an Ell corner of the
herein described tract;
7. South 89 deg. 14 min. 22 sec. West, a distance of 50.00 ft. to an Ell corner of the
herein described tract;
8. South 00 deg. 45 min. 38 sec. East, a distance of 9.18 ft. to a point;
9. South 46 deg. 02 min. 41 sec. West, a distance of 12.22 ft. to a point at the
beginning of said curve;
10. Northwesterly, with a curve to the right, having a central angle of 1 deg. 17 min.
01 sec., a radius of 769.99 ft. (chord bears North 86 deg. 09 min. 46 sec. West, 17.25 ft.),
an arc distance of 17.25 ft. to a point at the end of said curve;
11. North 85 deg. 31 min. 16 sec. West, a distance of 103.54 ft. to a 1/2 inch capped
rebar set, stamped “RPLS 6578” at the most Southern Southeast corner of the 13.038 acre
tract of land conveyed to Prosper Independent School District, recorded in Instrument
No. 20200817001343650, Official Public Records, (formerly a part of the BGY Prosper
221, LLC 221.617 ac.) and the most Southerly Southwest corner of the herein described
tract;
THENCE Northerly, Easterly, Westerly and Southerly with the East, North and West lines of
said Prosper ISD 13.038 ac., the following calls and distances:
1. North 00 deg. 51 min. 37 sec. West, a distance of 135.99 ft. to a 5/8 inch rebar
found at the beginning of curve;
2. Northeasterly, with a curve to the right, having a central angle of 7 deg. 59 min.
26 sec., a radius of 861.00 ft. (chord bears North 03 deg. 13 min. 58 sec. East, 119.98 ft.),
an arc distance of 120.08 ft. to a 5/8 inch capped rebar found, stamped “TNP” at the
beginning of a reverse curve;
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3. Northeasterly, with a curve to the left, having a central angle of 7 deg. 59 min. 26
sec., a radius of 169.00 ft. (chord bears North 03 deg. 13 min. 58 sec. East, 23.55 ft.), an
arc distance of 23.57 ft. to a 5/8 inch capped rebar found, stamped “TNP”;
4. North 00 deg. 45 min. 45 sec. West, a distance of 271.36 ft. to a 1/2 inch rebar
found at an Ell corner of said Prosper ISD 13.038 ac. and a Northwest corner of the
herein described tract;
5. North 89 deg. 14 min. 15 sec. East, a distance of 130.00 ft. to a 5/8 inch rebar
found at the most Eastern Southeast corner of said Prosper ISD 13.038 ac. and an Ell
corner of the herein described tract;
6. North 00 deg. 45 min. 45 sec. West, a distance of 48.74 ft. to a 5/8 inch rebar
found;
7. North 08 deg. 40 min. 57 sec. West, a distance of 59.23 ft. to a 5/8 inch rebar
found at the beginning of curve;
8. Northwesterly, with a curve to the right, having a central angle of 6 deg. 05 min.
52 sec., a radius of 325.00 ft. (chord bears North 03 deg. 48 min. 41 sec. West, 34.57 ft.),
an arc distance of 34.59 ft. to a 5/8 inch capped rebar found, stamped “TNP”;
9. North 00 deg. 45 min. 45 sec. West, a distance of 32.21 ft. to a 5/8 inch rebar
found at the Northwest corner of said Prosper ISD 13.038 ac. and an Ell corner of the
herein described tract;
10. South 89 deg. 14 min. 15 sec. West, a distance of 935.00 ft. to a 5/8 inch capped
rebar found, stamped “TNP” at the Northwest corner of said Prosper ISD 13.038 ac. and
an Ell corner of the herein described tract;
11. South 00 deg. 45 min. 45 sec. East, a distance of 404.64 ft. to a 1/2 inch capped
rebar set, stamped “RPLS 6578” at the beginning of said curve;
12. Southeasterly, with a curve to the left, having a central angle of 20 deg. 38 min.
16 sec., a radius of 270.00 ft. (chord bears South 11 deg. 07 min. 55 sec. East, 96.73 ft.),
an arc distance of 97.25 ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at a
Southeast corner of the herein described tract;
THENCE Westerly and Southerly, over and across said BGY Prosper 221, LLC 221.617 ac., the
following calls and distances:
1. South 67 deg. 41 min. 17 sec. West, a distance of 60.01 ft. to a point at the
beginning of curve;
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Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4)
Page 18 of 27
2. Southeasterly, with a curve to the right, having a central angle of 27 deg. 01 min.
05 sec., a radius of 330.00 ft. (chord bears South 27 deg. 01 min. 05 sec. East, 63.245 ft.),
an arc distance of 63.34 ft. to a point at the end of said curve;
3. South 89 deg. 12 min. 50 sec. West, a distance of 124.41 ft. to a in an Easterly
line of said Legacy Frontier, LLC 120.5159 ac., the Ell corner of said BGY Prosper 221,
LLC 221.617 ac. and a Southwest corner of the herein described tract;
THENCE North 01 deg. 14 min. 52 sec. West, with an East line of said Legacy Frontier, LLC
120.5159 ac. and a West line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,105.02
ft. to a 1/2 inch capped rebar found, stamped “Peiser & Mankin” at the most Eastern Northeast
corner of said Legacy Frontier, LLC 120.5159 ac. and an Ell corner of both said BGY Prosper
221, LLC 221.617 ac. and the herein described tract;
THENCE South 89 deg. 11 min. 54 sec. West, with a North line of said Legacy Frontier, LLC
120.5159 ac. and a South line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,532.96
ft. to a 1/2 inch capped rebar set, stamped “RPLS 6578” at an Ell corner of said Legacy Frontier,
LLC 120.5159 ac. and the most Western Southwest corner of both said BGY Prosper 221, LLC
221.617 ac. and the herein described tract;
THENCE North 00 deg. 00 min. 34 sec. West, with an East line of said Legacy Frontier, LLC
120.5159 ac. and a West line of said BGY Prosper 221, LLC 221.617 ac., a distance of 1,155.80
ft. to the PLACE OF BEGINNING and containing 99.343 ACRES of land.
[Property description continues on the following pages.]
Page 125
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4)
Page 19 of 27
Tract 2
Property Legal Description
Page 126
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4)
Page 20 of 27
Page 127
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4)
Page 21 of 27
EXHIBIT A-2
TRACT 1
Property Depiction
Page 128
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 22
of 27
TRACT 2
Property Depiction
Page 129
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 23
of 27
EXHIBIT B
Water Improvements
[See attached.]
Page 130
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 24 of 27 Page 131
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 25
of 27
EXHIBIT C
Estimated Construction Costs for the Water Improvements
Page 132
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 26 of 27
EXHIBIT D
Water Service Areas
[See attached.]
Page 133
Item 12.
WATER IMPACT FEES REIMBURSEMENT AGREEMENT (LEGACY GARDENS – PHASES 3 AND 4) - Page 27 of 27 4933-3906-6231v.8 Page 134
Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Dan Baker, Director of Parks and Recreation
Dan Heischman, P.E., Assistant Director of Engineering Services
Through: Mario Canizares, Town Manager
Chuck Ewings, Assistant Town Manager
Hulon T. Webb, Jr., P.E., Director of Engineering Services
Re: Ordinance Amending Parks & Recreation Department and Engineering
Services Department Fees
Town Council Meeting – January 27, 2026
Strategic Visioning Priority: 4. Provide Excellent Municipal Services
Agenda Item:
Consider and act upon an Ordinance amending Appendix A, “Fee Schedule,” of the Town’s Code
of Ordinances.
Description of Agenda Item:
As part of the FY 2025 – 2026 Budget Process, staff from multiple departments evaluated and
recommended updates to their fees and fines in relation to our comparable cities. At the
September 16, 2025, Town Council meeting, the Town Council approved the recommended
updates and requested that the Parks and Recreation Department and the Engineering Services
Department re-evaluate some of their fees.
The Parks and Recreation Department worked with the Parks and Recreation Board, and the
recommended changes from the January 8, 2026, Parks and Recreation Board meeting are
attached. The Engineering Services Department used data from multiple recent development
projects to more accurately estimate the recommended fees related to engineering plan review
and construction inspection services.
Budget Impact:
The additional revenue generated from the fee increases will be effective as of the date of the
passage of the ordinance, except that the sections for the “Park land dedication fees” and “Park
improvements fees”, which shall become effective after the February 24, 2026, to coincide with
the adoption of the Unified Development Code. The fees for those two items are currently a part
of the Subdivision Ordinance that is being updated as part of the Unified Development Code next
month. This ordinance relocates them into Appendix A, “Fee Schedule.”
PARKS AND
RECREATION
____________________
ENGINEERING
SERVICES
Page 135
Item 13.
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. Ordinance
2. Parks and Recreation Department Fee Worksheet
3. Engineering Fee Schedule – Redline
Town Staff Recommendation:
Town staff recommends that the Town Council approve an Ordinance amending Appendix A, “Fee
Schedule,” of the Town’s Code of Ordinances.
Proposed Motion:
I move to approve an Ordinance amending Appendix A, “Fee Schedule,” of the Town’s Code of
Ordinances.
Page 136
Item 13.
Ordinance No. 2026-__, Page 1
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S
CODE OF ORDINANCES BY REPEALING THE FOLLOWING EXISTING
SECTIONS: SECTION I, “ENGINEERING SERVICES FEES,” AND SECTION
XIII, “PARKS AND RECREATION USER FEES,” AND REPLACING THEM
WITH A NEW SECTION I, “ENGINEERING SERVICES FEES,” AND A NEW
SECTION XIII, “PARKS AND RECREATION USER FEES”; REPEALING
EXISTING SUBSECTIONS (F), “PARK FEES,” AND (G), “WATER OR
WASTEWATER REINSPECTION FEES,” OF SECTION 2, “OTHER FEES,” OF
SECTION V, “DEVELOPMENT FEES,” OF APPENDIX A, “FEE SCHEDULE,”
TO THE TOWN’S CODE OF ORDINANCES, AND REPLACING THEM WITH
NEW SUBSECTIONS (F), “PARK LAND DEDICATION FEES,” AND (G), “PARK
IMPROVEMENT FEES; MAKING FINDINGS; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE
DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that, as a result of recent legislation as well as cost increases
associated with services, including engineering plan review, engineering inspections, and park
utilization performed by the Town of Prosper, various fee amendments are necessary to Appendix
A, “Fee Schedule,” to the Town’s Code of Ordinances; and
WHEREAS, the Town Council has reviewed the current and proposed fees and
recommends the adoption of the revised fee schedule, as contained in Appendix A, “Fee
Schedule,” to the Town’s Code of Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section I, “Engineering Services
Fees”; Section V, “Development Fees,” and Section XIII, “Parks and Recreation User Fees,” of
Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances are hereby repealed in their
entirety and replaced with the following new Sections: Section I, “Engineering Inspection Fees”;
Section V, “Development Fees,” and Section XIII, “Parks and Recreation User Fees,” to read as
follows:
Ҥ I. Engineering Services Fees.
(a) Inspections:
(1) The following engineering inspection fees are hereby adopted for
Page 137
Item 13.
Ordinance No. 2026-__, Page 1
all public infrastructure and related development:
Type Fee
Single-Family Residential Development $2,500 base fee plus $1,000 per platted lot
Non-Residential Development $2,500 base fee plus $2,000 per final platted
acreage
Non-Residential Infrastructure*
= or as identified on preliminary site plan
$2,500 base fee plus $2,000 per conveyance*
platted acreage
Multi-Family Development $2,500 base fee plus $2,700 per final platted
acreage
Linear Utility
for offsite utilities outside of platted boundary**
= no base fee if done with platted development
$2,500 base fee** plus
Wastewater — $5.00 per linear foot
Water — $5.00 per linear foot
Storm Sewer — $5.00 per linear foot
Development Road
Separate from platted development**
= no base fee if done with platted development
$2,500 base fee** plus $5.00 per square yard
of concrete surface
Turn Lanes and Median Openings**
= no base fee if done with platted development
$2,500 base fee** plus $5.00 per square yard
of concrete surface
Creek Stabilization**
= no base fee if done with platted development
$2,500 base fee** plus $1.00 per square yard
of disturbed area
Saturday and After Hours Inspections $500.00 per day
(b) Plan Review:
(1) Residential Development: $2,000.00 + $350.00 per lot
(2) Non-residential Development: $2,000.00 + $850.00 per acre
(3) Multi-Family-residential Development: $2,000.00 + $75.00 per unit
(4) After 3rd Submittal (4th or more) Plan Review Fee: $1,000.00 each resubmittal
(c) Land Disturbance (without development):
(1) Tracts one acre or less: $100.00
(2) Tracts greater than one acre: $100.00 + $25.00 per acre
(3) Floodplain reclamation only: $500.00 + $25.00 per acre
(d) Land Disturbance (with development): $200.00
(e) Floodplain Study Review: $3,500.00 deposit (includes two reviews and one meeting) +
$250.00 non-refundable administrative fee. After third party billing,
any remaining deposit not expended will be refunded.
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Item 13.
Ordinance No. 2026-__, Page 1
(f) Stormwater
(1) Re-inspection: $100.00 per re-inspection
(2) Notice of Violation: $150.00
(3) Lot Hold: $150.00
(4) Stop Work Order: $150.00
* * *
§ XIII. Parks and Recreation User Fees.
(a) Field user fees.
(1) Prosper Youth Sports Commission leagues (co-sponsored leagues):
(A) All participants who reside within town boundaries: $10.00
per player per season.
(B) All participants who reside outside of the town boundary but
reside within the Prosper Independent School District
boundary: $30.00 per player per season.
(C) All participants who reside outside of the town boundary and
who reside outside of the Prosper Independent School
District Boundary: $50.00 per player per season.
(D) Fees shall be paid in full prior to the use of any town athletic field.
(E) The number of scheduled practices and games will be
assigned based on the facility use agreement with the town.
(F) Each participant shall be assessed the full fee amount based on residency.
(2) Non-co-sponsored resident teams comprised of eighty percent
(80%) or more participants who reside in the town boundary:
(A) Nonsynthetic turf field use: $40.00 per hour.
(B) Synthetic turf field use: $75.00 per hour.
(C) Additional $20.00 per hour for use of the field lights.
(3) Non-co-sponsored resident teams comprised of less than 80%
participants who reside in the town boundary:
(A) Nonsynthetic turf field use: $150.00 per hour.
(B) Synthetic turf field use: $200.00 per hour.
(C) Additional $20.00 per hour for use of the field lights.
Page 139
Item 13.
Ordinance No. 2026-__, Page 1
(4) Co-sponsored teams comprised of 80% or more participants who
reside in the town boundary:
(A) Nonsynthetic turf field use: $40.00 per hour.
(B) Synthetic turf field use: $75.00 per hour.
(C) Additional $20.00 per hour for use of the field lights.
(b) Pavilion rental fees.
Number of
Participants
Resident
Rate
Nonresident
Rate
Refundable
Deposit
1-50 $50.00 $500.00 $100.00
51-100 $75.00 $500.00 $100.00
100+ $125.00 $500.00 $100.00
This fee structure is based on a four-hour time slot. Rental fee must be
paid in full at the time the reservation is made. 14-day cancellation is
required. Acceptable forms of payment are check, Visa, and
MasterCard. The splash pad is open annually from Memorial Day to
Labor Day.
(c) Tournaments, camps, and clinic fees.
During in-season play, defined as recreational play by the youth sports
commission leagues, only co-sponsored organization tournaments will
be allowed to utilize the synthetic turf fields. During in- season play, only
co-sponsored camps and clinics will be permitted to utilize the synthetic
turf fields but must contain at least 80 percent of town residents.
During out-of-season play, defined as seasons wherein recreational play
by the youth sports commission has concluded or is not currently being
scheduled, co-sponsored and non-co-sponsored organizations, camps,
clinics and tournaments will be permitted to utilize the synthetic turf
fields, regardless of residency status. The number of camps, clinics and
tournaments held throughout the off-season shall be determined by the
Director of the Parks and Recreation Department.
In the event that the tournament director would like to include food
vendors at scheduled events, all town health requirements must be met
no later than 30 days before the scheduled event. Please email
health@prospertx.gov with any questions.
(1) Co-sponsored organization fees.
(A) Tournament fees:
(i) $60.00/per team (up to a two-day tournament).
(ii) $40.00/per team/additional day.
Page 140
Item 13.
Ordinance No. 2026-__, Page 1
(iii) Deposit per field: $100.00.
(iv) Minimum fee for tournaments: $1,250.00.
(v) 10% of the tournament gate fee.
(B) Camps and clinics fees:
(i) $5.00/per participant per day.
(ii) Deposit per field: $100.00.
(iii) Minimum fee for camps and clinics: $250.00.
(2) Resident, non-co-sponsored organization fees.
(A) Tournament fees:
(i) $25.00/per team (up to a two-day tournament).
(ii) $15.00/per team/additional day.
(iii) Deposit per field: $100.00.
(iv) Minimum fee for tournaments: $750.00.
(B) Camps and clinics fees:
(i) $5.00/per participant per day.
(ii) Deposit per field: $100.00.
(iii) Minimum fee for camps and clinics: $300.00.
(3) Nonresident, non-co-sponsored organization fees.
(A) Tournament fees:
(i) $75.00/per team (up a two-day tournament).
(ii) $60.00/per team/additional day.
(iii) Deposit per field: $200.00.
(iv) Minimum fee for tournaments: $1,500.00.
(B) Camps and clinics fees:
(i) $10.00/per participant per day.
(ii) Deposit per field: $100.00.
(iii) Minimum fee for camps and clinics: $450.00.
(4) General fees.
(A) Lights are charged at $20.00/hour/field.
Page 141
Item 13.
Ordinance No. 2026-__, Page 1
(B) On-site staff: $25.00/hour/staff member, if deemed
necessary by the Parks and Recreation Department.
(C) Field preparation: $45.00/field/per preparation.
(D) Any additional field preparation is a $20.00 relining and
dragging home plate fee. All requests must be made prior to
the tournament beginning.
(E) Water service is $45.00 per container per day, and this includes cups and
ice.
(F) Temporary mound adjustments are a $400.00 flat rate per
occurrence. Renting organization must provide a minimum of
four staff members to assist with mound adjustments.
(G) Full deposit payment must be received no later than two
business days after the tournament has concluded.
(H) Deposit must be received at time of reservation to guarantee
the reservation. First deposit received will have priority over
facility reservation.
(I) Refunds for field rental fees are only refundable due to
inclement weather and or cancellation of the rental 30 days
prior to the rental date.”
SECTION 3
From and after the effective date of this Ordinance, existing Subsections (F), “Park fees,”
and (G), “Water or wastewater reinspection fees,” of Section 2, “Other Fees,” of Section V,
“Development Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances are
hereby repealed and replaced with new Subsections (F) and (G), to read as follows:
“(F) Parkland dedication fees: 1 acre of land/30 units or 5% of total acreage, whichever
is greater.
(G) Park improvement fees: $2,250.00/single family unit; $3,500.00/multifamily unit.”
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
Page 142
Item 13.
Ordinance No. 2026-__, Page 1
SECTION 5
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
SECTION 6
This Ordinance shall take effect and be in full force from and after its passage and
publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule
Charter of the Town of Prosper, Texas; however, new Subsections (F), “Park land dedication
fees,” and (G), “Park improvement fees,” of Section 2, “Other Fees,” of Section V, “Development
Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances, shall take effect and
be in full force from and after February 24, 2026.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 27TH DAY OF JANUARY, 2026.
APPROVED:
________________________________
David F. Bristol, Mayor
ATTEST:
___________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
Page 143
Item 13.
Park & Recreation Fees Study - 2026
Recreation
Pavilion Resident:Resident:Resident:Resident:
$35 / 4 hours (1-50 people)$35 / 4 hours (1-50 people)$50 / 4 hours (1-50 people)$50 / 4 hours (1-50 people)
$50 / 4 hours (51-100 people)$50 / 4 hours (51-100 people)$75 / 4 hours (51-100 people)$75 / 4 hours (51-100 people)
$75 / 4 hours (100-200 people)$75 / 4 hours (100-200 people)$100 / 4 hours (100-200 people)$125 / 4 hours (100-200 people)
Non Resident:Non Resident:Non Resident:Non Resident:
$500 / 4 hours (1-200 people)$500 / 4 hours (1-200 people)$500 / 4 hours (1-200 people)$500 / 4 hours (1-200 people)
Synthetic Turf Fields Resident:Resident:Resident:Resident:
$70 / hr $70 / hr $70 / hr $75 / hr
Non Resident:Non Resident:Non Resident:Non Resident:
$70 / hr $125 / hr $150 / hr $200 / hr
Grass Fields Resident:Resident:Resident:Resident:
$35 / hr $35 / hr $35 / hr $40 / hr
Non Resident:Non Resident:Non Resident:Non Resident:
$45 / hr $70 / hr $100 / hr $150 / hr
Tournaments $50 / team up to two days $50 / team up to two days $60 / team up to two days $75 / team up to two days
$30 / team for each added day $30 / team for each added day $40 / team for each added day $60 / team for each added day
$100 deposit per field $100 deposit per field $100 deposit per field $200 deposit per field
$1000 minimum fee $1000 minimum fee $1250 minimum fee $1500 minimum fee
10% of the tournament gate fee 10% of the tournament gate fee No gate fee
Park Planning
Parkland Dedication*
Park Improvement
1 ac. Land / 35 units or 5% of total acreage 1 ac. Land / 30 units or 5% of total acreage 1 ac. Land / 30 units or 5% of total acreage 1 ac. Land / 30 units or 5% of total acreage
Previous Town Council Adopt Sept 2025 Staff Recommendation Jan 2026 PARB Recommendation Jan 2026
$100 refundable security deposit for all options
* The Town has the option to take the land or a cash equivalent of the land value. Staff review the Parks, Recreation and Open Space Master Plan when determining need for land.
$1500 / single family unit $2000 / single family unit $2250 / single family unit $2250 / single family unit
$2000 / multi family unit $3000 / multi family unit $3500 / multi family unit $3500 / multi family unit
Page 144
Item 13.
TOWN OF PROSPER ENGINEERING DEPARTMENT
CIVIL ENGINEERING FEE SCHEDULE
Updated Oct. 2025
Construction Inspection Fees
The fee for review/inspection of construction of municipal infrastructure items, such as roadway improvements, drainage systems, water
distribution systems and wastewater collection systems shall be calculated as follows:
Single Family Residential Development $2,000 base fee plus $1,000 per platted lot
Non-Residential Development $2,000 base fee plus $2,000 per final platted acreage
Non-Residential Infrastructure $2,000 base fee plus $2,000 per conveyance* platted acreage
* = or as identified on preliminary site plan
Multi-Family Development $2,000 base fee plus $2,500 per final platted acreage
Linear Utility Infrastructure $2,000 base fee** plus
For offsite utilities outside of platted boundary Wastewater $5.00 per linear foot
**=no base fee if done with platted development Water $5.00 per linear foot
Storm Sewer $5.00 per linear foot
Development Road $2,000 base fee** plus $5.00 per square yard of concrete surface
Separate from platted development
**=no base fee if done with platted development
Turn Lanes and Median Openings $2,000 base fee** plus $5.00 per square yard of concrete surface
**=no base fee if done with platted development
Creek Stabilization
**=no base fee if done with platted development $2,000 base fee** plus $0.50 per square yard of disturbed area
Saturday Work and After-Hours Inspections
$500 per day
Engineering Plan Review Fee
The fee for review of construction/civil plans for development and/or site improvements which include municipal
infrastructure items, such as roadway improvements, drainage systems, water distribution systems and
wastewater collection systems shall be calculated as follows:
Residential Development $1,500 + $50/lot
Non-Residential Development $1,500 + $300/acre*
Multi-Family Development $1,500 + $50/unit
After 3rd Submittal (4th or more) $1,000 each submittal
*Please note: acreage will be calculated to the nearest whole number
Land Disturbance Permit Fee
Land Disturbance with Development $200
Tracts one (1) acre or less $100
Tracts greater than one (1) acre $100 + $25 per acre
Floodplain Study Review Fee
Floodplain reclamation only $500 + 25 per acre
Floodplain study review $3,500 + $250 administrative fee
*Floodplain study review fee: $3,500.00 deposit includes two (2) reviews and one (1) meeting. The $250 is a
nonrefundable administrative fee. After third party billing, any excess fees will be refunded.
Page 145
Item 13.