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09.08.26 Town Council Regular Meeting Agenda Packet
Page 1 of 4 ] Welcome to the Prosper Town Council Meeting. Citizens may watch the meeting live by using the following link: www.prospertx.gov/livemeetings Addressing the Town Council: Those wishing to address the Town Council must complete the Public Comment Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, plea se come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be read into the record. The Town assumes no responsibility for technical issues beyond our control. In compliance with the Texas Open Meetings Act, the Town Council/Board/Commission may not deliberate or vote on any matter that does not appear on the agenda. The Council/Board/Commission, however, may provide statements of fact regarding the topic, request the topic be included as part of a future meeting, and/or refer the topic to Town staff for further assistance. Citizens and other visitors attending Town Council meetings shall observe the same rules of propriety, decorum, and good conduct applicable to members of the Town Council. Any person making personal, impertinent, profane or slanderous remarks or who becomes boisterous while addressing the Town Council or while attending the meeting shall be removed from the room, if so directed by the Mayor or presiding officer, and the person shall be barred from further audience before the Town Council during that session. Disruption of a public meeting could constitute a violation of Section 42.05 of the Texas Penal Code. Call to Order/ Roll Call. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Announcements of recent and upcoming events. Presentations. 1. Proclamation declaring September 17-23, 2026, as Constitution Week. (MLS) 2. Recognize Prosper High School student, Prisha Srivastava. (MLS) CONSENT AGENDA: Items placed on the Consent Agenda are considered routine in nature and non-controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff. Agenda Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, September 08, 2026 6:15 PM Page 1 Page 2 of 4 3. Consider and act upon the minutes of the August 25, 2026, Town Council Work Session meeting. (MLS) 4. Consider and act upon the minutes of the August 25, 2026, Town Council Regular meeting. (MLS) 5. Consider and act upon a Resolution approving the Town of Prosper Investment Policy and Investment Strategy and approving the list of qualified brokers/dealers and financial institutions that are authorized to engage in investment transactions with the Town of Prosper. (CL) 6. Consider and act upon adopting the FY 2026-2027 Prosper Economic Development Corporation budget. (MC) 7. Consider and act upon an Ordinance establishing the tax year 2026 certified appraisal roll. (CL) 8. Consider and act upon a Resolution designating The Frisco Enterprise as the official newspaper of the Town of Prosper and The Dallas Morning News as an alternative advertising source for FY 2026-2027. (MLS) 9. Consider and act upon the appointment of a Municipal Judge for a two-year term and authorize the Mayor to execute an agreement for same. (JJ) 10. Consider and act upon authorizing the Town Manager to execute a Construction Agreement with Niyam Construction, LLC for Raymond Park Fencing in the amount of $209,197.50. (DA) 11. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-22-B to O & J Coatings, Inc., related to construction services for the Craig Road Elevated Storage Tank Rehabilitation project in the amount of $1,825,320 and authorize $180,000 for construction phase contingencies. The total purchase order amount is $2,005,320. (LH) 12. Consider and act upon remanding back to the Planning and Zoning Commission for consideration at a future meeting a request to rezone a portion of Planned Development-31 to create a new Planned Development on Saddle Creek Commercial, Block A, Lots 2R and 3, for non-residential uses (office, restaurant, retail), on 13.6± acres, located on the west side of Preston Road, 225± feet north of Prosper Trail. (ZONE-25-0003) (DH) This item is being remanded back to a future meeting of the Planning and Zoning Commission. 13. Consider and act upon authorizing the Town Manager to execute a Development Agreement between Urban Heights at Frontier LLC and the Town of Prosper relative to Frontier Gateway. (DEVAGRE-26-0007) (DH) 14. 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 Article 2.03(H)(8) and 2.03(I)(3)(g) of the Town’s Unified Development Code, regarding action taken by the Planning and Zoning Commission on Preliminary Site Plans and Site Plans. (DH) Page 2 Page 3 of 4 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. Comments are limited up to three minutes with a cumulative total for Citizens’ Comments not to exceed 15 minutes. REGULAR AGENDA: Pursuant to Section 551.007 of the Texas Government Code, any individuals wishing to address the Council during a Public Hearing item, will be recognized when the public hearing is opened. A “Public Comment Request Form” must be completed and presented to the Town Secretary prior to the meeting. Comments are limited up to three minutes. If multiple individuals with to speak, 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. Comments during a public hearing are limited to a cumulative total of 60 minutes for those in favor of an item, and 60 minutes for those in opposition to an item. Items for Individual Consideration: 15. Consider and act upon an Ordinance amending Appendix A, "Fee Schedule" of the Town's Code of Ordinances. (CA) 16. Conduct a Public Hearing to receive public input, consider such input, and consider and act upon an Ordinance adopting the Fiscal Year (FY) 2026-2027 Annual Operating and Capital Project Funds budgets and five-year Capital Improvement Program for the fiscal year beginning October 1, 2026, and ending September 30, 2027. (CL) In accordance with Texas Government Code §551.043, the Town of Prosper Proposed Budget for Fiscal Year 2026-2027 is posted on the Town's website at: www.prospertx.gov/proposedbudget and the Taxpayer Impact Statement is provided in the agenda packet as an attachment. 17. Conduct a Public Hearing to consider and act upon an Ordinance adopting a tax rate of $0.505 per $100 valuation for fiscal year 2026-2027. (CL) 18. Ratifying the property tax increase in the budget for fiscal year (FY) 2026-2027. (CL) 19. Conduct a Public Hearing and consider and act upon a request for a rezoning from Agricultural to a Planned Development for a Data Center on a portion of Parvin 1385 Addition, Block A, Lot 2, on 37.3± acres, located 1,590± feet south of Parvin Road and 855± feet east of FM 1385. (ZONE-26-0007) (DH) 20. Conduct a Public Hearing and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential and Retail and Neighborhood Services to Business Park, on 37.3± acres, located 1,590± feet south of Parvin Road and 855± feet east of FM 1385. (COMP-26-0001) (DH) 21. 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: Page 3 Page 4 of 4 Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, Community Engagement Committee, Downtown Advisory Committee, TIRZ I, and TIRZ II, and and all matters incident and related thereto. Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated litigation. 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 on Tuesday, September 1, 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. Page 4 Page 1 of 3 ] Call to Order/ Roll Call. The meeting was called to order at 5:02 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Amy Bartley Deputy Mayor Pro-Tem Chris Kern arrived at 5:28 p.m. Councilmember Marcus E. Ray Councilmember Doug Charles Council Members Absent: Councilmember Cameron Reeves 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 David Hoover, Development Services Director Gary Landeck, Library Director Tony Luton, HR Director Chris Landrum, Finance Director Carrie Jones, Public Works Director Hulon Webb, Engineering Director Brent Brown, Police Chief Items for Individual Consideration: 1. Discussion regarding Library Fees. (GL) Mr. Landeck introduced the item with an overview of the recent changes and additions made to the library including increased programs, hours of operation, and partnerships with Town Departments, the Prosper EDC, and Chamber of Commerce. Mr. Landeck also reviewed fee changes for 3D printing, printing and copying services, non-resident membership, and student access for all PISD students which the Library Board currently reviewed and made recommendation(s) for the Town Council’s consideration. The Town Council discussed the proposed fee changes, the continuation of re- accessing fees yearly, acquiring more data to assist in evaluating programs, etc., and exploring a software program for means of allowing residents to sign up for programs before other non-resident patrons. MINUTES Prosper Town Council Work Session Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, August 25, 2026 Page 5 Item 3. Page 2 of 3 EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, Community Engagement Committee, Downtown Advisory Committee, TIRZ 1, and TIRZ 2, and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with code enforcement activities and substandard structures, and all matters incident and related thereto. Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated litigation. Section 551.071 - Consultation with the Town Attorney regarding legal issues and advice related to development agreements, including economic development incentives; acquisition of real property for public purposes; incentive “claw-back” provisions; permissible and secondary uses of property; issues relating to and enforcement of development agreements; procedural issues related thereto; anticipated or pending litigation regarding the foregoing; and further consultation regarding legal issues related to Article 1.02 of the 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 agenda item. The Town Council recessed into Executive Session at 5:45 p.m. Reconvene into Work Session. The Town Council reconvened into the Work Session at 6:15 p.m. No action was taken. Adjourn. The meeting was adjourned at 6:15 p.m. These minutes were approved on the 8th day of September 2026. Page 6 Item 3. Page 3 of 3 APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 7 Item 3. Page 1 of 6 ] Call to Order/ Roll Call. The meeting was called to order at 6:21 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 Craig Andres Councilmember Doug Charles Council Members Absent: Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Madison Clark, EDC Executive Director Tony Luton, Human Resources Director Hulon Webb, Director of Engineering Chris Landrum, Finance Director David Hoover, Development Services Director Suzanne Porter, Planning Manager Carrie Jones, Public Works Director Stephen Tanner, Director of Community Engagement & Experiences David Angeles, Parks and Recreation Director Stuart Blasingame, Fire Chief Brent Brown, Police Chief Scott Brewer, Assistant Police Chief Harold Keith, Assistant IT Director Abigail Sims, IT Specialist I Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Joshua Reeves with The Cause Church led the invocation. Gab Coleman with Boy Scout with Troop 289 led the Pledge of Allegiance and the Pledge to the Texas Flag. An nouncements of recent and upcoming events. Mayor Pro-Tem Bartley made the following announcements: MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, August 25, 2026 Page 8 Item 4. Page 2 of 6 Join us for a public Town Hall meeting regarding the fiscal year 2025-2026 Preliminary Budget on Thursday, September 3 at 6:00 p.m. in the Council Chambers. Town staff will provide a presentation and be available for questions. Reminder that Town Hall Offices will be closed on Monday, September 7 for the Labor Day Holiday. There will be no delays in trash services and will run as normally scheduled. Join us on Friday, September 11 at 9:00 a.m. for a day of remembrance. This community event will take place at Prosper Fire & Rescue Central Station located at 911 Safety Way. Carter BloodCare will be onsite from 7:30 a.m. to 6:00 p.m. for anyone wishing to donate. Active adults are invited to join Mayor Bristol on Wednesday, October 14 from 11:00 a.m. to 1:00 p.m. at the LDS Church located at 970 Coit Road for a luncheon to hear about what’s happening in Prosper. Reservation is requested. Learn more by visiting the Special Events page on the Town’s website. Join us on Saturday, October 17 from 4:00 to 8:00 p.m. at Frontier Park for Celebrate Prosper. This year will be a Hometown Harvest Fair filled with fall fun, community service, music, food, and of course, pumpkins. Learn more by visiting www.prospertx.gov/celebrateprosper. Stay up to date on Town programs, services, and initiatives by subscribing to the resident update, downloading the myProsper app or following the various Town social media platforms. Visit the Town’s Communications and Community Engagement website page for all the variety of ways to stay informed and connected. Presentations. 1. Recognize Prosper Lorene Rogers Middle School student, Aayush Jaladurgam. (MLS) Mayor Bristol read and presented a certificate to the student on his achievement at the XXXIV Pan Am Junior Championships 2026 for badminton, earning Gold in Boys’ Singles U13 and Silver in Mixed Doubles U13. 2. Recognize the Prosper Fire and Rescue Department on receiving the Meritorious Award. (SB) Chief Blasingame recognized and presented Accomondation Awards to members of the Prosper Fire and Rescue, and EMS Department. Chief also recognized and presented select individuals from the Prosper Fire and Rescue Department the Meritorious Award. 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. 3. Consider and act upon the minutes from the August 10, 2026, Town Council Special meeting. (MLS) 4. Consider and act upon the minutes from the August 11, 2026, Town Council Regular meeting. (MLS) 5. Consider acceptance of the July monthly financial report for fiscal year 2026. (CL) Page 9 Item 4. Page 3 of 6 6. Consider and act upon Resolution 2026-35 approving a Negotiated Settlement between the Atmos Cities Steering Committee and Atmos Energy Corporation, Mid-Tex Division regarding the Company’s 2026 Rate Review Mechanism Filing; declaring the existing rates to be unreasonable; finding the rates to be set by the attached Settlement Tariffs to be just and reasonable and in the public interest; and approving an attachment establishing a benchmark for pensions and retiree medical benefits. (CL) 7. Consider and act upon authorizing the Town Manager to execute an agreement with Canon U.S.A., Inc. for managed print services, including the lease and maintenance of the Town's copier and printer fleet, through Texas Department of Information Resources (DIR) Contract DIR-CPO-5428 for $250,899. (LJ) 8. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Kimley-Horn and Associates, Inc., and the Town of Prosper, Texas, related to the design of the Prosper Trail (Teel – Legacy) project for $950,000. (JC) 9. Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-21-B to McMahon Contracting LP, related to construction services for the Craig Road (Preston Road to Fifth Street) project in the amount of $3,649,793.58 and authorize $300,000 for construction phase contingencies. The total purchase order amount is $3,949,793.58. (AT) 10. Consider and act upon Ordinance 2026-36 to amend the Town of Prosper Unified Development Code related to closing applications, providing standards for a dual brand hotel, updating Commercial District setback regulations, landscape and open space criteria, and parking requirements for the Dallas North Tollway District, addressing jellyfish-style lighting, and defining terms related to the proposed amendments. (ZONE-26-0010) (DH) 11. 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 Article 2.03(H)(8) and 2.03(I)(3)(g) of the Town’s Unified Development Code, regarding action taken by the Planning and Zoning Commission on Preliminary Site Plans and Site Plans. (DH) Mayor Pro-Tem Bartley made a motion to approve consent agenda items 3 through 11. Councilmember Ray seconded the item. Motion carried with a 6-0 vote. CITIZEN COMMENTS Gab Coleman, 940 Thistle Road, Prosper, requested the Council to add LED flashing lights at the intersection of Legacy and Prarie Road. Katy Murray, 1337 Arabella Lane, Little Elm, expressed her opposition to project Tomahawk. Items for Individual Consideration: 12. Conduct a Public Hearing and consider and act upon a request for a rezoning from Planned Development-27 to a Planned Development for Cottage Logistics, Office/Warehouse, and Retail uses on Edward Bradley Survey, Abstract 86, Tract Page 10 Item 4. Page 4 of 6 5, on 39.2± acres, located on the northeast corner of Lovers Lane and University Drive. (ZONE-26-0006) (DH) Mr. Hoover presented the item noting the location, surrounding zoning, the three tracts within the development including the permitted uses for each, the landscape plan, open space plan, the proposed screening, and lighting. The Planning and Zoning Commission recommended approval subject to no dumpsters on the northern boundary of tract 3. Staff is recommending approval. Taylor Mitchell, applicant presented an overview of the project. He spoke to the changes based on the concerns of the residents and commissioners regarding noise, screening and security, and building height and appearance. He also noted the access points and lighting for the development. The Town Council discussed the concerns addressed and outlined by the applicant, additional landscaping, and the maximum building heights. Mayor Bristol opened the public hearing. Katie Chalfield, 1060 Stratford Drive, requested the Council to consider the flow of traffic of large trucks that will be coming and going into the development and adding lighting for the road. Mayor Bristol closed the public hearing. The Council further discussed the appreciation of the applicant working with the residents and address their concerns. Councilmember Kern made a motion to approve request for a rezoning from Planned Development-27 to a Planned Development for Cottage Logistics, Office/Warehouse, and Retail uses on Edward Bradley Survey, Abstract 86, Tract 5, on 39.2± acres, located on the northeast corner of Lovers Lane and University Drive subject to Planned Development Standards, Concept Plan, and associated Development Agreement being amended and incorporating the revisions to the Concept Plan as presented and noted by the public record, and including the lighting and the addition of requiring concrete curbing within the parking landscaped areas. Seconded by Mayor Pro-Tem Bartley. Motion carried with a 6-0 vote. 13. Discuss and consider Town Council Subcommittee reports. (DFB) Finance Subcommittee: Councilmember Ray noted they received an update from the Police Department. Downtown Advisory Committee: Mr. Hoover noted several charette’s were held regarding the potential designs of the downtown area, and anticipate receiving something back within a month from the consultatnt. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Councilmember Ray noted concerns received regarding the lane swichover on Prosper Trail and Coit Road and ensuring there was adequate signage. Councilmember Andres noted the removal of a commercial sign on Prosper Trail. Page 11 Item 4. Page 5 of 6 EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.074 - To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, Planning & Zoning Commission, Community Engagement Committee, Downtown Advisory Committee, TIRZ I, and TIRZ II, and a nd all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with code enforcement activities and substandard structures, and all matters incident and related thereto. Section 551.071 - Consultation with the Town Attorney regarding pending or anticipated litigation. Section 551.071- Consultation with the Town Attorney regarding legal issues and advice related to development agreements, including economic development incentives; acquisition of real property for public purposes; incentive “claw-back” provisions; permissible and secondary uses of property; issues relating to and enforcement of development agreements; procedural issues related thereto; anticipated or pending litigation regarding the foregoing; and further consultation regarding legal issues related to Article 1.02 of the 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. The Town Council recessed into Executive Session at 7:39 p.m. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened into Regular Session at 8:21 p.m. No action was taken. Adjourn. The meeting was adjourned at 8:22 p.m. These minutes were approved on the 8th day of September 2026. Page 12 Item 4. Page 6 of 6 APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 13 Item 4. Page 1 of 2 To: Mayor and Town Council From: Robert B. Scott, Deputy Town Manager Through: Mario Canizares, Town Manager Re: Town Investment Policy Town Council Meeting – September 8, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a Resolution approving the Town of Prosper Investment Policy and Investment Strategy and approving the list of qualified brokers/dealers and financial institutions that are authorized to engage in investment transactions with the Town of Prosper. (CL) Description of Agenda Item: In accordance with PFIA requirements, the Town Council shall review and adopt the Investment Policy annually. This policy was last reviewed, revised, or adopted in July 2025. The Town’s investment program and investment strategy remain the same under the policy and there are no changes to the allowed investments, investment maturity limits or staff responsibilities for Town investments. Under the Public Funds Investment Act, investment officers must attend at least eight hours of instruction relating to the treasurer's or officer's responsibilities not less than once in a two -year period. Currently, the Town Manager, Deputy Town Manager, Finance Director, and Assistant Finance Director are designated for the Town. 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. Resolution 2. Investment Policy FINANCE Page 14 Item 5. Page 2 of 2 Town Staff Recommendation: Town Staff recommend adopting a Resolution approving the Town of Prosper Investment Policy and Investment Strategy and approving the list of qualified brokers/dealers and financial institutions that are authorized to engage in investment transactions with the Town of Prosper. Proposed Motion: I move to approve a Resolution approving the Town of Prosper Investment Policy and Investment Strategy and approving the list of qualified brokers/dealers and financial institutions that are authorized to engage in investment transactions with the Town of Prosper. Page 15 Item 5. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2026-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REVIEWING, UPDATING AND ADOPTING THE TOWN OF PROSPER INVESTMENT POLICY AND INVESTMENT STRATEGY; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Public Funds Investment Act (“the Act”), contained in Chapter 2256 of the Texas Government Code, as amended, provides in Section 2256.005(e) thereof that the governing body of an investing entity shall review its investment policy and investment strategies not less than annually; and WHEREAS, said section of the Act further provides that the governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies; and WHEREAS, the Act requires the written instrument so adopted shall record any changes made to either the investment policy or the investment strategies. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Prosper Town Council hereby confirms that it has reviewed the Town of Prosper Investment Policy and Investment Strategy and adopts the Investment Policy dated September 8, 2026, with changes incorporated and recorded, attached hereto as Exhibit “A”. SECTION 2 This Resolution shall take effect from and after the date of its passage. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 8th DAY OF SEPTEMBER 2026. APPROVED: ___________________________________ David F. Bristol, Mayor ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary Page 16 Item 5. Resolution No. 2026- , Page 2 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 17 Item 5. Resolution No. 2026-__, Page 3 TOWN OF PROSPER, TEXAS INVESTMENT POLICY Exhibit “A” Page 18 Item 5. Resolution No. 2026-__, Page 4 INVESTMENT POLICY TABLE OF CONTENTS PREFACE 5 I. INVESTMENT POLICY 6 II. INVESTMENT OBJECTIVES 7 III. AUTHORIZED INVESTMENTS 8 IV. COLLATERAL 9 V. INTERNAL CONTROLS 10 VI. COUNTER-PARTIES 12 VII. DELEGATION OF RESPONSIBILTY 13 VIII. REPORTING 15 IX. INVESTMENT STRATEGY STATEMENT 16 X. POLICY ADOPTION 17 APPENDIX A – GLOSSARY OF TERMS 18 APPENDIX B – AUTHORIZED BROKER/DEALER LIST 23 APPENDIX C – PUBLIC FUNDS INVESTMENT ACT 24 Page 19 Item 5. Resolution No. 2026-__, Page 5 PREFACE It is the policy of the Town of Prosper (“PROSPER”) that the administration of its funds and the investment of those funds shall be handled as its highest public trust. The Town of Prosper adheres to its own governing documents and the Public Funds Investment Act (Texas Government Code Chapter 2256, the “A CT”) to safely and effectively manage the funds under its control. To achieve those requirements, the Town Council annually reviews and adopts this Investment Policy. The receipt of yield will be secondary to the requirements for safety and liquidity. The earnings from investments will be used in a manner that best serves the interests of the Town. It is the policy of PROSPER that, giving due regard to the safety and risk of investments, all available funds shall be invested in conformance with the Town Charter and Ordinances , State and Federal Regulations, Bond Resolution requirements, and the adopted Investment Policy and Investment Strategy. The purpose of this Policy is to set specific Town investment policy and strategy guidelines within the investment parameters for the investment of public funds in Texas found in the ACT. The Public Funds Collateral Act (Chapter 2257, Texas Government Code) specifies collateral requirements for all public Texas depository funds and is incorporated herein. Effective cash management is recognized as essential to good fiscal management. Cash management is the process of managing funds to ensure necessary cash availability and provide reasonable yield on investments. PROSPER shall strive for a complete cash management program which includes timely collection of accounts receivable, vendor payments in accordance with invoice terms, and prudent investment of assets. Page 20 Item 5. Resolution No. 2026-__, Page 6 I. INVESMENT POLICY A. Formal Adoption This Investment Policy shall be reviewed and adopted annually by the Town Council in accordance with the ACT. B. Scope This Investment Policy applies to all of the investment activities of PROSPER. These funds are accounted for in the Town’s Annual Comprehensive Financial Report (ACFR) and include: General Fund Debt Service Funds Special Revenue Funds Capital Project Funds Enterprise Funds Internal Service Funds, and Any new fund created by PROSPER This Policy establishes guidelines for: 1. Who can invest PROSPER funds, 2. How PROSPER funds will be invested, and 3. When and how a periodic review of investments will be made. In addition to this Policy, bond funds (as defined by the Internal Revenue Service) shall be managed in accordance with their issuing documentation and all applicable State and Federal Law. C. Policy Review and Amendment This Policy shall be reviewed and adopted by resolution annually by the Town Council. The resolution shall record any changes made to the Policy. D. Investment Strategy In conjunction with the annual Policy review, the Town Council shall a n n u a l l y review and adopt a separate written Investment Strategy for each of PROSPER’s fund types. PROSPER may consolidate cash balances from multiple funds for investment purposes to maximize investment earnings while recognizing the unique characteristics of these funds. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. Page 21 Item 5. Resolution No. 2026-__, Page 7 The Investment Strategy, found in Section IX of this Policy, describes the investment objectives for each particular fund type according to the following priorities: 1. Investment suitability, 2. Preservation and safety of principal, 3. Liquidity, 4. Marketability prior to maturity of each investment, 5. Diversification, and 6. Yield. II. INVESTMENT OBJECTIVES It is the policy of PROSPER that all funds shall be managed and invested with four primary objectives, listed in order of their priority: safety, liquidity, diversification, and yield. Investments are to be chosen in a manner which promotes diversity to spread risks. The maximum weighted average maturity (WAM) of the overall portfolio may not exceed two years. All participants in the investment process will seek to act responsibly as custodians of the public trust. Investment officials will avoid any transactions that might impair public confidence in the Town’s ability to govern effectively. The Town Council recognizes that in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio’s investment return, provided that the adequate diversification has been implemented and the terms of this policy have been followed. A. Safety of Principal The primary objective of all investment activity is the preservation of capital and the safety of principal. Each investment transaction shall seek to ensure first that capital losses are avoided, whether they are from security defaults, safekeeping or erosion of the market value. Investment in high credit quality securities and decisions based on anticipated cash flow needs are the primary factors in providing safety. PROSPER shall seek to control the risk of loss due to default of a security issuer by investing only in the highest credit quality securities; by collateralization as required by law and policy; and portfolio diversification. B. Liquidity The investment portfolio will remain sufficiently liquid to meet the cash flow requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements; investing in securities with active secondary markets; and maintaining appropriate portfolio diversification. Page 22 Item 5. Resolution No. 2026-__, Page 8 C. Diversification The portfolio shall be diversified by institution, market sector and maturity within cash flow needs to spread risk. D. Yield The investment portfolio shall be designed with the objective of attaining a reasonable market yield throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Yield is of secondary importance compared to safety and liquidity objectives. All investments are limited to high credit quality, low risk securities in anticipation of earning a fair return relative to the risk being assumed. The benchmark for the consolidated portfolio shall be the one-year US Treasury Bill for the comparable period designated for its comparability to the expected investments, liquidity needs, and average cash flow patterns. III. AUTHORIZED INVESTMENTS Assets of PROSPER may be invested only in the following investment types as further defined by the ACT. 1. Obligations of the US Government, its agencies and instrumentalities, excluding mortgage- backed securities, with a stated maximum maturity of three years. 2. General debt obligations of any US state or political subdivision rated A + or better with a stated maximum maturity of three years. 3. Fully insured or collateralized certificates of deposit from banks in Texas with a maximum maturity of three years, insured by the Federal Deposit Insurance Corporation (FDIC), or its successor, or collateralized in accordance with this Policy to include spread products within these banks. 4. Share certificates from credit unions in Texas insured by the National Credit Union Share Insurance Fund with a maximum stated maturity of two years. 5. Fully insured or collateralized demand deposits in any bank in Texas insured by the FDIC or its successor or collateralized in accordance with this Policy to include spread products within these banks. 6. FDIC insured brokered certificate of deposit securities from a bank in any US state, delivered versus payment to the Town’s safekeeping/custody account and not to exceed one year to stated final maturity. 7. AAA-rated, SEC registered, money market mutual funds striving to maintain a $1 net asset Page 23 Item 5. Resolution No. 2026-__, Page 9 value (NAV). 8. AAA-rated Texas local government investment pools which strive to maintain a $1 net asset value (NAV) operated in accordance with the ACT and authorized by resolution of the Town Council. 9. A1/P1 commercial paper with a maximum stated maturity of 270 days. 10. Fully collateralized repurchase agreements as defined by the ACT with a defined termination date, executed with a primary dealer under an industry standard master repurchase agreement, and collateralized in accordance with this Policy. IV. COLLATERALIZATION A. Time and Demand Deposits – Pledged Collateral All bank time and demand deposits shall be collateralized above FDIC coverage by secured, pledged collateral. To anticipate market changes and provide the required level of security for all funds, collateral will be maintained and monitored by the pledging depository at a market value of 102% of the total principal and accrued interest on deposit. The institution shall monitor and maintain the margins on a daily basis. Collateral pledged to secure deposits shall be held by an independent financial institution outside the holding company of the depository. The collateral agreement with the depository shall be approved by resolution of the Bank Board or Bank Loan Co mmittee for compliance with FIRREA. The custodian or bank shall provide a monthly report of collateral directly to the City. Substitution rights may be granted but new collateral must be pledged before existing collateral is released. All collateral shall be subject to inspection and audit by the City or its independent auditors. B. Collateral Owned Under a Repurchase Agreement Collateral securing a repurchase agreement is owned by the Town. It shall be held by an independent third-party financial institution approved by PROSPER under the terms of an executed Bond Market Master Agreement. Collateral with a market value of 102% of principal and interest is required at all times and is the responsibility of the counter-party. C. Authorized Collateral Only the following securities are authorized as collateral for time and demand deposits: 1. FDIC insurance coverage. 2. Obligations of the United States, its agencies or instrumentalities, or evidence of indebtedness of the United States guaranteed as to principal and interest including MBS Page 24 Item 5. Resolution No. 2026-__, Page 10 and CMO which pass the bank test. 3. Obligations of any US state or of a county, City or other political subdivision of any US state having been rated as investment grade (investment rating no less than “A” or its equivalent) by two nationally recognized rating agencies. 4. Irrevocable letter of credit from a FHLB regional bank. Collateral for repurchase agreements may also include cash. Preference will be given to pledged collateral securities. V. INTERNAL CONTROLS The Investment Officer(s) are responsible for establishing and maintaining internal controls to reasonably assure that assets are protected from loss, theft, or misuse. The concept of reasonable assurance recognizes that the cost of a control should not exceed the benefit likely to be derived. Internal controls shall address the following at a minimum: Control of collusion, Separation of transaction authority from accounting and record keeping, Safekeeping/custody of owned and pledged collateral. Clear delegation of authority, Written confirmation and recording of all transactions, and Review, maintenance and monitoring of security procedures both manual and automated. Annually the Investment Officer(s) shall perform an internal compliance audit to assure compliance with requirements of this policy and the ACT. Annually the Town’s auditor shall review the quarterly investment reports. 1. Delivery versus Payment. The purchase of individual securities shall be executed solely on a “Delivery versus Payment” (DVP) basis and cleared into PROSPER’s designated safekeeping/custody account. Funds shall not be released until PROSPER has received, through its agent, the securities purchased. 2. Competitive Quotes. All security transactions require at least three competitive quotes (bid or offer) to assure competitive market value. Securities purchased “at issue price” must be compared to other similar offerings to determine competitive value. Investment bids/offers may be solicited orally, in writing, electronically, or any combination of these methods. 3. Monitoring of Credit Ratings. On no less than a monthly basis, the credit rating on all investments which require a credit rating shall be verified by the Investment Officer(s). If the security falls below the minimum rating required by Policy the Investment Officer shall notify the Finance Director of the loss of rating, conditions affecting the rating and possible loss of principal including liquidation options available. PROSPER will monitor changes in the credit ratings including rating agencies, broker/dealers, or financial publications. PROSPER shall Page 25 Item 5. Resolution No. 2026-__, Page 11 take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. 4. Monitoring of Authorized Investments. Should an investment become unauthorized in the ACT or by this policy, the existing investment need not be liquidated, at maturity or sale however the funds must be reinvested in then authorized investments. 5. Monitoring FDIC Status. On no less than a weekly basis the FDIC status and bank status of all brokered certificates of deposit must be verified. If any bank has been acquired or merged with another bank from which brokered certificates of deposit are held in the portfolio, all affected brokered certificates of deposit shall be immediately liquidated to retain the required FDIC insurance level. 6. Prior Held Investments. All investments made with PROSPER funds prior to the adoption of this Investment Policy may be held or liquidated in accordance with the ACT and in the best interest of PROSPER’s financial p o s i t i o n . 7. Diversification by Investment Type. Diversification by investment type shall be maintained ensuring multiple active and efficient secondary markets in the portfolio thereby controlling the market and credit risks associated with an overconcentration in one specific investment type or issuer. Bond proceeds may be invested in a single security or investment if PROSPER determines that such an investment is necessary to comply with Federal arbitrage restrictions or to facilitate arbitrage record keeping and calculation. 8. Diversification by Investment Maturity. In order to minimize risk of loss due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the funds. Generally, PROSPER will not directly invest in securities maturing more than three years from the date of purchase. 9. Ensuring Liquidity. Liquidity shall be achieved by anticipating cash flow requirements, by investing in securities with active secondary markets and by investing in eligible financial institution deposit accounts, money market mutual funds, and local government investment pools. A security may be liquidated to meet unanticipated cash requirements, to redeploy cash into other investments expected to outperform current holdings, or otherwise to adjust the portfolio. 10. Cash Flow Forecasting. Cash flow analysis is designed to protect and sustain the cash flow requirements of the Town. The Investment Officer(s) will analyze needs and maintain a cash flow plan to monitor and forecast high-level cash positions for investment purposes. Page 26 Item 5. Resolution No. 2026-__, Page 12 VI. COUNTER-PARTIES 1. Broker/Dealers The Town Council shall, at least annually, review and adopt a list of broker/dealers authorized to engage in investment transactions with PROSPER. Transactions may be executed only with authorized broker/dealers. In order to be considered, firms that desire to transact business will be required to provide information regarding their creditworthiness, experience, market sector involvement, and reputation. Authorized firms may include primary and regional dealers and brokers and qualified depositories as established by Chapter 105 of the Local Government Code. A list of no less than five broker/dealers shall be maintained. Before investments are made all broker/dealers must supply the following at a minimum: Current year and annual financial statements Financial Industry Regulatory Association (FINRA) certification and the FINRA Central Depository Registration number (CRD) Proof of Texas States Securities registration Completion of a brief questionnaire detailing contacts A written copy of the current Investment Policy shall be provided to all authorized broker/dealers and pools. Local government investment pools shall certify to a review of the policy in accordance with the ACT. 2. Depositories Consistent with the requirements of State Law, PROSPER requires all bank deposits to be federally FDIC insured or collateralized in accordance with this policy. At least every five years PROSPER will designate one banking institution through a competitive process, as its central banking services provider. Additional banks may be used for time and deman d deposits under the same conditions. Any financial institution providing depository services which require collateral shall sign a depository agreement under the terms of FIRREA (Financial Institutions Resource, Recovery and Enforcement Act). The c o n d i t i o n s o f s u c h a n a g r e e m e n t shall define PROSPER’s rights in case of default, bankruptcy, or closing to establish a perfected security interest. FIRREA conditions require that: a. The Agreement must be in writing; b. The Agreement must be approved by the Board of Directors or its Bank Loan Committee with a copy of the r e s o l u t i o n delivered to PROSPER; c. The Agreement must be part of the Depository’s “official record” continuously since Page 27 Item 5. Resolution No. 2026-__, Page 13 its execution. d. The Agreement must be executed by the Depository and PROSPER contemporaneously with the acquisition of the asset without listing the collateral securities. 3. Safekeeping Agent/Custodian PROSPER shall contract with a independent bank or banks for the safekeeping/custody of securities owned by PROSPER. All securities (pledged or owned) shall be delivered delivery versus payment. The safekeeping agent/custodian shall be independent from the trade. 4. Investment Advisers Any investment adviser contracted by the Town will act on a non-discretionary basis so that all final transaction decisions are made by the Town Investment Officer(s). Non-discretionary investment advisers under contract to the Town shall adhere to the spirit, philosophy and specific terms of this Policy. The selection of Investment Advisers will be performed by the Investment Officers. The Investment Officers will establish criteria to evaluate Investment Advisers including: Adherence to PROSPER’s policies and strategies, Investment performance within accepted risk constraints, Responsiveness to PROSPER’s request for services, Availability of information and open communication, Understanding of the inherent fiduciary responsibility of public funds, and Similarity in philosophy and strategy with PROSPER’s objectives. Selected Investment Advisers must be registered under the Investment Advisers Act of 1940. An initial contract with an Investment Adviser may not be for a term longer than two years and any contract, renewal or extension must be approved by Town Council. VII. DELIGATION OF RESPONSIBILITY 1. Investment Officer(s) The Town Manager or designee, Deputy Town Manager, Finance Director, and Assistant Finance Director will be designated as “Investment Officers” of the Town of Prosper by resolution of the Town Council. The Investment Officers are responsible for investment decisions and investment activities, reporting, and creating /maintaining the portfolio(s) in accordance with this Policy. Officers are authorized to deposit, withdraw, invest, transfer, execute documentation, and otherwise manage PROSPER’s funds according to this Policy. Page 28 Item 5. Resolution No. 2026-__, Page 14 The Investment Officers may utilize finance staff to deposit, withdraw or transfer funds out of or into an investment pool or money market mutual fund in order to meet daily operating needs of PROSPER in compliance with established controls and procedures. All Officers shall attend at least ten (10) hours of investment training, from sources approved by the Town Council by resolution, within twelve (12) months of designation as an Investment Officer and shall attend eight (8) hours of investment training every two successive fiscal years. Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio and compliance with PFIA. The designated Investment Officers shall act as custodians of the public trust avoiding any transactions which might involve a conflict of interest, the appearance of a conflict of interest, or any activity which might otherwise discourage public confidence. Investment Officers shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Additionally, i n a c c o r d a n c e w i t h t h e A C T u n d e r c e r t a i n c o n d i t i o n s , Investment Officers shall file with the Texas Ethics Commission and the Town Council a statement disclosing any personal business relationship with a business organization seeking to sell investments to PROSPER with which they maintain a relationship within the second degree by affinity or consanguinity to an individual/firm seeking to sell investments to PROSPER. Disclosure to the Ethics Commission is required only if the Investment Officer has a personal business relationship with business organization in which: The Investment Officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; Funds received by the Investment Officer from the business organization exceed 10 percent of the Investment Officer’s gross income for the previous year; or The Investment Officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the Investment Officer. 2. Town Council Responsibilities The Town Council holds the ultimate fiduciary responsibility for the portfolio under the ACT. It will designate investment officer(s), receive and review quarterly investment reports, approve and provide for investment officer training, annually approve broker/dealers, and annually review and adopt the Investment Policy and Investment Strategy. 3. Prudence and Standard of Care The designated Investment Officer(s) shall perform their duties in accordance with the Page 29 Item 5. Resolution No. 2026-__, Page 15 Investment Policy and internal procedures. In determining whether an Investment Officer has exercised prudence with respect to an investment decision, the investment of all funds over which the Investment Officer(s) had responsibility, rather than the prudence of a single investment shall be considered. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability. The standard of care used by PROSPER shall be that as defined by the ACT stating: “Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of the person’s own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived.” VIII. REPORTING The Investment Officer(s) shall prepare and submit a signed quarterly investment report to the Town Council in accordance with the ACT providing detail information on each investment and bank position and summary information to permit an informed outside reader to evaluate the performance and risk in the portfolio. Every designated Investment Officer shall sign the report. This investment report shall include: a. A full description of each individual security and bank/pool position held at the end of the reporting period including amortized book and market values at the beginning and end of the period, b. Summary information prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: 1. beginning book and market value for the reporting period; 2. ending book and market value for the reporting period; and 3. fully accrued interest and amortized earnings for the reporting period; c. Classification of each separately invested asset by the type of asset (market sector); d. The maturity date (and call date, if applicable) of each separately invested asset that has a maturity or call date; e. The account or fund or pooled group fund for which each individual investment was acquired; f. The weighted average yield and weighted average maturity of the total portfolio; and Page 30 Item 5. Resolution No. 2026-__, Page 16 g. A compliance statement that the report is prepared in compliance with PROSPER’s Investment Policy, Strategy, and the ACT. Market values shall be calculated from market values obtained from independent sources. Consideration will be given to GASB Statement No. 31 and reporting for GASB 31, 40 and 72 shall be completed on a timely basis. In conjunction with its annual financial audit, the Investment Officer(s) shall perform a compliance audit to the Policy and the ACT. The q u a r t e r l y i n v e s t m e n t reports shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the Town Council by that auditor. IX. INVESTMENT STRATEGY STATEMENT The investment portfolio shall be designed with the objective of attaining a reasonable market yield at all times, taking into account the investment risk constraints and liquidity needs of the Town. Yield is of lesser importance compared to the Town’s safety and liquidity objectives. The Town shall pursue a pro-active but conservative portfolio management strategy. This may be accomplished by creating a laddered maturity structure with some maturity extension for yield enhancement. PROSPER may maintain one commingled portfolio for investment purposes which incorporates the specific uses and unique characteristics of the funds in the portfolio. The maximum maturity of any investment shall be three (3) years and the maximum weighted average maturity of the total portfolio will not exceed two (2) years calculated using the stated final maturity of each security. To minimize risk of loss due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the fund. Basic investment guidelines by fund-type are as follows: A. General, Enterprise, or Operating Funds Operating funds shall have as their primary objective assurance that anticipated cash outflows are matched with the adequate investment liquidity. These funds require the greatest short -term liquidity and laddered strategy of all fund types . The secondary objective is to create a portfolio structure that will experience minimal volatility during changing economic cycles. Investments will be of high credit quality for safety, available liquidity and marketability. Managing the weighted average maturity of the portfolio to less than two years and restricting the maximum allowable maturity to three years will minimize the price volatility of the portfolio. Page 31 Item 5. Resolution No. 2026-__, Page 17 Financial institution deposit accounts, short-term investment pools and money market mutual funds will provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. B. Capital Project Funds and Special Purpose Funds Capital project funds and special purpose funds shall have as their primary objective assurance that anticipated cash outflows are matched with investment liquidity. The portfolios shall be invested based on cash flow estimates. Most capital projects programs have reasonably predictable draw down schedules. Therefore, investment maturities should generally follow the anticipated planned cash flow requirements. All investments will be of high credit quality to limit default risk. Market price fluctuations will occur. However, by managing Capital Projects Funds to not exceed the anticipated expenditure schedule, the market risk of the overall portfolio will be minimized. No stated final investment maturity shall exceed the shorter of the anticipated expenditure schedule. Funds invested for capital projects may be from bond proceeds that are subject to arbitrage rebate regulations. C. Debt Service Funds Debt service funds shall have as their primary objective the assurance of investment liquidity adequate to cover each debt service obligation on the required payment date. Investments purchased shall not have a stated final maturity date which exceeds the debt service payment date and successive debt service dates will be fully funded before any extensions are made. By managing Debt Service Funds to not exceed the debt service payment schedule the market risk of the overall portfolio will be minimized. X. POLICY ADOPTION The Town’s Investment Policy shall be reviewed and adopted by resolution of the Town Council no less than annually. Any changes made to the Policy must be noted in the adopting resolution. Page 32 Item 5. Resolution No. 2026-__, Page 18 Appendix “A” Glossary of Cash Management Terms Accretion –The book value of securities purchased at a discount are written up on a straight-line basis toward maturity to the par value (100). The accretion reflects earnings to the portfolio. Accrued Interest – Interest earned, but not yet paid, on an investment based on the interest percentage. Accrued interest must be purchased from prior owners of a security if applicable. Active Management/Investing - A portfolio management strategy i n w h i c h investments are made on the basis of market timing a n d market conditions and designed to increase yield, This m e t h o d d e p e n d s partially on projected cash flows and actively monitored market conditions for advantageous risk/return options. Agency –See Federal Agency. An agency supported by the US Government. Amortization –Investment accounting entry in which the book value of securities purchased at a premium are written down on a straight-line basis to equal par at maturity. The amortization represents an expense to the portfolio. Arbitrage – Dealing simultaneously in two markets to take advantage of temporary price distortions at minimal risk. Also related to IRS regulations governing tax-exempt debt proceeds. Basis Point – A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield; e.g., “1/4” of 1 percent is equal to 25 basis points. Benchmark – An index used to compare risk and performance to a managed portfolio. Bid – The indicated price at which a buyer is willing to purchase a security or commodity. The Town selling the security would ask for a bid. Book Value – The original acquisition cost of an investment plus or minus the accrued accretion or amortization over time. Broker – In institutional markets, a financial firm that brings securities buyers and sellers together. All trades in the institutional markets are priced as a net yield and do not include single transaction fees. Callable Bond – A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. Cash Settlement – A transaction which calls for delivery and payment of securities on the same day that the transaction is initiated. Collateralization – Process by which a borrower pledges securities, property, or other obligations for the purpose of securing the repayment of a loan, deposit and/or security. Page 33 Item 5. Resolution No. 2026-__, Page 19 Collateralized Mortgage Obligation (CMO) – A derivative mortgage-backed security (MBS) created from pools of home mortgage loans. A single pass-through MBS is divided into multiple classes, each class containing unique risk profiles and security characteristics. A number of CMO classes are expressly prohibited by Texas State law. Commercial Paper – An unsecured short-term promissory note issued by corporations, with maturities ranging from 1 to 270 days. Commercial paper must carry a minimum rating of A1/P1 in order to be eligible under the Texas Public Funds Investment Act. Commercial paper with maturities from 271 to 365 are ‘private placement’ and need not be backed by any credit or commodity. Constant Maturity Treasury (CMT) – A calculated average released by the Federal Reserve of all Treasury yields along a specific maturity point. This calculation is frequently used as a benchmark for conservative government portfolios. Coupon Rate – The annual rate of accrued interest received by an investor on certain types of fixed- income securities. Also known as the “interest rate.” Credit Risk – The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Derivative – Financial instruments whose value is derived from the movement of an underlying index or security. Any security which is derived from a ‘bullet’ security without conditions. A derivative security is created from, or whose value depends upon, one or more underlying assets or indices of asset values. Dealer – A dealer, as opposed to a broker, may act as a principal in all securities transactions, buying and selling for their own account. The dealer may also act as a broker only matching a buyer and seller. Delivery Versus Payment (DVP) – A type of securities transaction in which payment for a security is not made until delivery to the independent safekeeping agent or custodian. Discount – The amount by which the par value of a security exceeds the price paid for the security. Diversification – A process of investing assets among a range of investment types by sector, maturity, and quality rating to spread risk. Dollar Weighted Average Maturity (WAM) – The average maturity of all the investments that comprise a portfolio weighted by the book value of each investment. Fair Market Rate – A documented and verifiable rate of interest which approximates the average rate which could have been earned on similar investments at the time of the transaction. Federal Agency – A sub-division of the Federal Government with implicit credit from the US. Page 34 Item 5. Resolution No. 2026-__, Page 20 Federal Deposit Insurance Corporation (FDIC) – A federal agency that insures bank deposits, currently up to $250,000 per account. Texas Public Funds deposits that exceed this amount must be properly collateralized. Financial Industry Regulatory Authority (FINRA) – A self -regulatory private corporation that focuses on regulatory oversight of all securities firms; professional training, testing and licensing of registered persons; arbitration and mediation; market regulation by contract for the New York Stock Exchange, the NASDAQ Stock Market, Inc., the American Stock Exchange LLC, and the International Securities Exchange. FIRREA – The Financial Institution Resource, Recovery and Enforcement Act used by the FDIC to determine asset ownership in the event of an institution’s default. Interest Rate – See “Coupon Rate.” Internal Controls – An internal structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. Interlocal Cooperation Act – State law permitting joint participation by local governments providing one or more government functions within the State. This law [Section 891.001 et seq. of the Texas Government Code] has allowed for the creation of investment pools in Texas. Investment Advisers Act of 1940 – Law which requires all Investment Advisers to be registered with the SEC in order to protect the public from fraud. Specific requirements must be met. Investment Policy – A concise and clear statement of the objectives and parameters formulated by an investor for a specific portfolio of investment securities. The Texas Public Funds Investment Act requires that public entities have a written and annually approved investment policy. Liquidity – An investment that can be easily and quickly converted to cash. Investment pools, financial institution deposits and money market funds, which allow for same day withdrawal of cash, are considered extremely liquid. Local Government Investment Pool – An entity created under the Interlocal Cooperation Act to invest public funds jointly on behalf of the entities that participate in the pool. An investment by local governments in which their money is pooled as a method for managing local funds. Market Risk – The risk that the value of an investment will rise or decline as a result of changes in market conditions. Market Value – An investment’s par amount multiplied by its market price. Maturity – The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a debt and pay the face value to the debtholder. Page 35 Item 5. Resolution No. 2026-__, Page 21 Money Market Mutual Fund – Mutual funds that invest in accordance with SEC regulations and guidelines requiring a net asset value of $1 to protect that liquidity. Mortgage-Backed Security (MBS) – Security backed by a pool of mortgages. Net Asset Value (NAV) – The value of a mutual fund or investment pool at the end of the business day. NAV is calculated by adding the market value of all investments in a fund or pool, deducting expenses, and dividing by the number of shares in the fund or pool. Offer – An indicated price at which market participants are willing to sell a security. Also referred to as the “Ask Price.” The Town would ask for offers to buy securities. Par Value – Face value or principal value of a bond. A security’s par value is multiplied by its coupon rate to determine coupon payment amount. Passive Management – Management of a portfolio which involves building a ladder of securities to meet expected liabilities. Often based on a specific index. The goal is stability not yield enhancement. Premium – The amount by which the price paid for a security exceeds the security’s par value. Primary Government Securities Dealer (Primary Dealer) – D esignated government securities dealers regulated by the SEC who are required to submit daily reports of market activity and monthly financial statements to the New York Federal Reserve Bank. Primary Dealers are required to continually “make a market” in Treasury securities, buying or selling when asked, thereby creating a liquid secondary market for US debt obligations. Principal – The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given investment. Prudent Person Rule –An investment principle emphasizing the fiduciary responsibilities of investor as an investor and not a speculator. The Standard of Care set by the ACT. Repurchase Agreement (repo or RP) – An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement (Reverse Repo) – An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Safekeeping/Custody – Holding of assets (e.g., securities) by a financial institution on behalf of a client. Custody involves a higher level of fiduciary responsibility. Total Return – The sum of all investment income plus changes in the market value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time Page 36 Item 5. Resolution No. 2026-__, Page 22 period: (Price Appreciation) + (Dividends Paid) + (Capital Gains) = (Total Return). Treasury Bills – Short term U.S. government non-interest bearing, debt securities with maturities of one year or shorter which carry the full faith and credit of the US. T -Bills are always sold at a discount and pay at maturity. The accretion (earnings) is equal to the face value minus the book value over time. Treasury Notes – Intermediate U.S. government debt securities with maturities of one to 30 years. Treasury notes, or T-notes, are generally issued in terms of 2, 3, 5, 7, 10 and 30 years. The longest currently being issued is called the “T-Bond.” They have a fixed coupon rate and pay interest every six months until they mature. Volatility – A degree of fluctuation in the price or valuation of securities. A key measure of risk. Yield – The current rate of return on an investment generally expressed as an annual percentage. Yield-to-Call (YTC) – The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield Curve – A graphic representation that depicts the yields on the current Treasury issues in the market at a given point in time. A normal yield curve may be alternatively referred to as an upwardly sloping yield curve. Yield-to-Maturity – The yield generated by an investment held to maturity when both interest payments and the investor’s purchase price discount or premium are included in the calculation of return. Page 37 Item 5. Resolution No. 2026-__, Page 23 Appendix “B” Town of Prosper Authorized Broker/Dealer List Adopted 09/08/2026 FHN Financial Great Pacific Securities Mischler Financial Group Multi-Bank Securities, Inc. Oppenheimer & Co., Inc. RBC Capital Markets SAMCO Capital Markets Stifel Nicolas & Co. Wells Fargo Securities Page 38 Item 5. Resolution No. 2026-__, Page 24 Appendix “C” Texas Government Code Chapter 2256. Public Funds Investment Act, the “ACT” The most up to date version of the Public Funds Investment Act may be found online at: https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2256.htm Page 39 Item 5. Page 1 of 1 To: Mayor and Town Council From: PEDC Board of Directors Through: Madison Clark, EDC Executive Director Re: PEDC Budget FY 2026-2027 Town Council Meeting – September 8, 2026 Strategic Visioning Priority: Grow and Diversify the Tax Base Provide Excellent Municipal Services Agenda Item: Consider and act upon adopting the FY 2026-2027 Prosper Economic Development Corporation budget. Description of Agenda Item: Section 21 of the Development Corporation Act of 1979 (Texas Revised Civil Statutes Article 5190.6), the “Act,” provides that the Town shall approve all programs and expenditures of the development corporation and shall annually review any financial statements of the corporation. It further provides that at all times the Town will have access to the books and the re cords of the development corporation. Additionally, Section 23(a)(13) of the Act states that the powers of the corporation shall be subject at all times to the control of the Town’s governing body. Budget Impact: There is no impact to the Town of Prosper’s General Fund as the Prosper Economic Development Corporation (Prosper EDC) is funded wholly by a half-cent of the local sales tax revenue. Since approved by Prosper citizens in 1996, the Prosper EDC has endeavored as its mission to “create jobs and capital investment” with the aim of expanding the local commercial property tax base and sales tax base, thereby lessening the property tax burden on homeowners. The PEDC Board of Directors approved the FY 2026-2027 Budget at their August 17, 2026, meeting. Attached Documents: 1. FY 2026-2027 PEDC Budget Town Staff Recommendation: The Prosper EDC Board recommend the Town Council review and adopt the FY 2026-2027 Prosper Economic Development Corporation budget as presented. Proposed Motion: I move to adopt the FY 2026-2027 Prosper Economic Development Corporation budget. Page 40 Item 6. 8/24/2026 FINAL Approval by the PEDC 8/17/26 Submitted to Council 9/8/26 Final Actual Approved/Amended Actual to Date PROPOSED FY 2024-2025 FY 2025-2026 FY 2025-2026 FY 2026-2027 REVENUES ##80850 41200 00 Sales Tax 6,380,618$ 6,352,009$ 5,632,294$ 6,352,009$ ##80850 44000 00 Interest on Investments 730,616$ 400,000$ 569,829$ 400,000$ ##80850 0 00 Sale of Land -$ ##80850 0 00 Contribut/Donation Revenue ##80850 46010 00 Other Revenue 3,577$ 1,271.42$ ##80850 00 00 Operating Transfer In ##80850 0 00 Gain/Loss on Sale - Auction Revenue ##80850 48100 00 Lease Proceeds 3,000$ ##80850 48900 00 Gain/Loss-Sale of Fi (42,123)$ Total Revenues 7,075,688$ 6,752,009$ 6,203,395$ 6,752,009$ EXPENSES Personnel Services - Salary ##80850 51100 00 Salaries & Wages 353,149$ 295,553$ 88,827$ 435,553$ ##80850 0 00 Salaries - Overtime -$ ##80850 51260 0 Salaries - Vacation Buyout 2,438$ 1,625$ ##80850 51290 00 Salaries - Longevity Pay 1,090$ 900$ 545$ 900$ ##80850 51280 00 Salary Incentive -$ 50,000$ -$ 50,000$ ##80850 51300 00 Car Allowance 11,000$ 12,000$ 800$ 12,000$ ##80850 51300 00 Cell Phone Allowance 2,275$ 2,400$ 850$ 2,400$ ##80850 0 00 Temporary Salaries -$ Total Salary 367,514$ 363,291$ 92,647$ 500,853$ Personnel Services - Benefit ##80850 0 00 TML Prop. & Liab. Insurance -$ -$ -$ -$ ##80850 51400 00 Social Security Expense 17,280$ 16,420$ 5,335$ 23,532$ ##80850 51410 00 Medicare Expense 5,060$ 5,250$ 1,248$ 7,524$ ##80850 51500 00 Unemployment (SUTA)1,314$ 324$ (23)$ 465$ ##80850 51600 00 Health Insurance 28,691$ 23,718$ 14,661$ 33,991$ ##80850 51610 00 Dental Insurance 769$ 900$ 327$ 1,290$ ##80850 51620 0 HSA Expense -$ 1,500$ 1,500$ 2,150$ ##80850 51700 00 Life Insurance 248$ 288$ 81$ 410$ ##80850 51720 00 Long Term/Short Term Disability 413$ 560$ 80$ 802$ ##80850 51750 00 Liability (TML) Worker's Comp 681$ 518$ 228$ 743$ ##80850 51800 00 TMRS-Expense 54,117$ 53,222$ 13,881$ 76,273$ ##80850 51900 00 WELLE-Wellness Prog Reimb-Empl 783$ 1,200$ 644$ 1,720$ Total Benefits 109,356$ 103,900$ 37,962$ 148,900$ Operating, Land & Incentive Expenses ##80850 0 00 Hiring Cost -$ -$ -$ -$ ##80850 0 00 IT Fees -$ -$ -$ -$ ##80850 0 00 Contracted Services -$ -$ -$ -$ ##80850 0 0 Liability Insurance -$ -$ -$ -$ ##80850 0 00 Cell Phone Expense -$ -$ -$ -$ ##80850 0 00 Gas - Office -$ -$ -$ -$ ##80850 52000 00 Office Supplies 2,263$ 5,000$ 1,292$ 5,000$ ##80850 52100 00 Building Supplies 76$ 1,000$ 20$ 1,000$ ##80850 52500 00 Contract Labor 63,300$ 75,000$ 51,500$ 75,000$ ##80850 52610 00 Promotional Expense 16,375$ 87,550$ 7,223$ 87,550$ ##80850 52620 00 Printing and Reproduction -$ 3,000$ -$ 3,000$ ##80850 52740 00 Copier Expense 2,006$ 5,000$ 1,632$ 5,000$ ##80850 52900 00 Dues & Subscriptions 23,442$ 30,000$ 5,838$ 30,000$ ##80850 52920 00 Travel/Train/Lodging/Mile 1,177$ 10,500$ 126$ 10,500$ ##80850 53400 00 Building Repairs -$ 10,000$ -$ 15,000$ ##80850 54100 00 Office Equip & Furniture -$ 9,570$ 64$ 15,000$ ##80850 54800 00 Rental/Office Lease 1$ 1$ 1$ 1$ ##80850 54910 00 IT Equipment Lease 430$ 429$ 430$ ##80850 55000 00 Electricity - Office 4,912$ 6,456$ 3,920$ 6,456$ ##80850 55030 00 Mobile Data Network 222$ -$ 20$ -$ ##80850 55040 00 Telephones-Cable -$ -$ -$ ##80850 56310 00 Water 1,002$ 2,000$ 555$ 2,000$ ##80850 56620 00 Postage & Freight 462$ 1,000$ 437$ 1,000$ ##80850 56640 0 IT Licenses 315$ ##80850 56700 00 Professional Services 208,905$ 100,000$ 97,684$ 120,000$ ##80850 56710 00 Audit Fees -$ 3,500$ 3,500$ ##80850 56720 00 Appraisal/Tax Fees -$ 5,000$ -$ 5,000$ ##80850 56725 Land Property Taxes 16,867$ 20,000$ 16,376$ 20,000$ ##80850 56740 00 Legal Fees 24,545$ 50,000$ 8,442$ 30,000$ ##80850 56800 00 Admin. Fees to Town 15,000$ 60,000$ 50,000$ 60,000$ ##80850 57000 00 Chapter 380 Program Grant 1,238,411$ 1,500,000$ 1,061,625$ 1,500,000$ ##80850 57550 00 Project Incentives 1,387,826$ 3,485,000$ 348,571$ 3,485,000$ ##80850 58130 00 Prospect Mtgs/Business Meals 8,261$ 10,000$ 1,608$ 10,000$ ##80850 58140 00 Sponsorships & Donations 17,257$ 25,000$ 14,000$ 25,000$ ##80850 58600 0 Special Events 3,532$ 25,000$ 17,541$ 25,000$ ##80850 61140 Land Acquisitions 2,869,491$ 5,000,000$ 1,125,807$ -$ ##80850 61190 Land Site Improvements 300,000$ 28,000$ 300,000$ ##80850 71000 0 Operating Transfer Out Total Expenses 5,905,334$ 10,830,007$ 2,842,710$ 5,840,752$ Total Operating Costs 6,382,205$ 11,297,198$ 2,973,319$ 6,490,505$ Net Income 693,483$ (4,545,189)$ 3,230,075$ 261,504$ Non-expense Capital Acquisition ##80850 61140 Land Acquisitions $5,000,000 Page 41 Item 6. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: 2026 Certified Appraisal Roll Town Council Meeting – September 8, 2026 Strategic Visioning Priority: 1. Provide Excellent Municipal Services Agenda Item: Consider and act upon an Ordinance establishing the tax year 2026 certified appraisal roll. (CL) Description of Agenda Item: Section 26.04 of the Texas Tax Code mandates that a taxing unit’s assessor “shall submit the appraisal roll for the unit showing the total appraised, assessed, and taxable values of all property and the total taxable value of new property to the governing body of the unit by August 1 or as soon thereafter as practicable.” The roll lists all taxable property and values within the Town limits for tax year 2026, fiscal year 2026-2027. The Town will also be required to approve the tax roll after the property tax rate is set. There are four main parts to the property tax system. First, the Denton Central Appraisal Distri ct (DCAD) and the Collin Central Appraisal District (CCAD) set the value of the property within Prosper each year. Second, the Appraisal Review Boards (ARB’s) settle any disagreements between the taxpayers and the appraisal districts about the value of property. Third, by contract the Collin County Tax Collector’s Office performs tax collection for the Town. The Office also calculates the no-new-revenue tax rate and voter-approval tax rate required by state law. The total freeze adjusted taxable value on the tax year 2026, fiscal year 2026-2027, appraisal roll, including estimated values under protest, is $11,495,554,122 which is 6.4% higher than last year. The total value before the freeze adjustment is $12,683,869,194. Fourth, once the tax rate is approved, the Town will be able to begin collecting its tax year 2026 tax levy (i.e., property tax revenue). These funds will be used to cover operating and maintenance expenses as well as debt service. FINANCE Page 42 Item 7. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town Staff recommend that the Town Council approve the Ordinance establishing the tax year 2026 certified appraisal roll. Proposed Motion: I move to approve the Ordinance establishing the tax year 2026 certified appraisal roll. Page 43 Item 7. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-xx AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, APPROVING THE 2026 APPRAISAL ROLL; REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Denton Central Appraisal District (DCAD) and the Collin Central Appraisal District (CCAD) prepare the certified appraisal rolls and rolls under protest of the taxable property in the Town of Prosper, Texas (Town); and WHEREAS, the Town uses the certified appraisal rolls and rolls under protest received from the DCAD and CCAD to calculate the tax rate and rollback tax rate applicable to taxable property in the Town; and WHEREAS, approval by the Town of the certified appraisal roll is required by state law as an integral part of the Town’s ability to levy and collect property taxes. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual determinations of the Town and they are hereby approved and incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2 The Town Council hereby approves the certified total taxable (before freeze loss) value on the 2026 appraisal roll of the Town in the amount of $12,683,869,194 assessed valuation, based on the certified appraisal rolls and rolls under protest as approved by the Appraisal Review Boards of the DCAD and the CCAD. SECTION 3 Any and all ordinances, resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Ordinance are hereby repealed and rescinded to the extent of the conflict herewith. SECTION 4 If any section, paragraph, sentence, clause, phrase or word in this Ordinance, or application thereof by any persons or circumstances is held invalid in any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and, the Town Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Page 44 Item 7. Ordinance No. 2026-xx, Page 2 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ____ TO ____, ON THIS 8TH DAY OF SEPTEMBER, 2026. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: Terrence S. Welch, Town Attorney Page 45 Item 7. Page 1 of 2 To: Mayor and Town Council From: Michelle Lewis Sirianni, Town Secretary Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Designating Official Town Newspaper Town Council Meeting – September 8, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon a Resolution designating The Frisco Enterprise as the official newspaper of the Town of Prosper and The Dallas Morning News as an alternative advertising source for FY 2026-2027. Description of Agenda Item: Section 2051.049 of the Texas Government Code provides that the Town Council shall select one or more newspapers to publish notices, and Section 11.02 of the Town Charter states that the Town Council shall annually declare an official newspaper of general circulation in the Town. The Frisco Enterprise meets these requirements for the purpose of publishing ordinances, election notices, public hearing notices, and other notices required by ordinance, the Town Charter, and state law. Town staff recommends the continued use of The Dallas Morning News as an alternate advertising source in the event the Town encounters a situation where an advertising or public notice deadline could not be timely met by The Frisco Enterprise. 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 Resolution as to form and legality. Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommend that the Town Council approve a Resolution designating The Frisco Enterprise as the official newspaper of the Town of Prosper and The Dallas Morning News as an alternative advertising source for FY 2026-2027. TOWN SECRETARY Page 46 Item 8. Page 2 of 2 Proposed Motion: I move to approve Resolution designating The Frisco Enterprise as the official newspaper of the Town of Prosper and The Dallas Morning News as an alternative advertising source for FY 2026- 2027. Page 47 Item 8. TOWN OF PROSPER, TEXAS RESOLUTION NO. 2026-39 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DESIGNATING THE FRISCO ENTERPRISE AS THE OFFICIAL NEWSPAPER OF THE TOWN OF PROSPER, AND THE DALLAS MORNING NEWS AS ALTERNATE ADVERTISING SOURCES, FOR FISCAL YEAR 2026- 2027. WHEREAS, Section 11.02 of the Prosper Town Charter provides that the Town Council shall declare annually an official newspaper of general circulation in the Town. All ordinances, notices and other matters required by the Charter, Town ordinance, or the Constitution and laws of the State of Texas shall be published in the official newspaper; and WHEREAS, Section 2051.049 of the Texas Government Code provides that the Town Council shall select one or more newspapers to publish notices; and WHEREAS, Resolution No. 15-31, approved by the Prosper Town Council on May 26, 2015, provides that The Dallas Morning News is authorized as an alternate advertising source in the event that the Town encounters a situation where an advertising or public notice deadline could not be timely met by The Frisco Enterprise; and WHEREAS, the Town Council of the Town of Prosper desires to designate The Dallas Morning News as a secondary alternate newspaper of the Town; and, NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Town Council of the Town of Prosper hereby designates The Frisco Enterprise as the official newspaper of said Town, the same to continue as such until another is selected, and shall cause to be published therein all ordinances, notices and other matters required by law or by ordinance to be published. The Dallas Morning News is hereby designated as authorized advertising sources in the event that the Town encounters a situation where an advertising or public notice deadline cannot be timely met by The Frisco Enterprise. 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 8TH DAY OF SEPTEMBER 2026. _____________________________ David F. Bristol, Mayor Page 48 Item 8. Resolution No. 2026-39, Page 2 ATTEST: _________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Page 49 Item 8. Page 1 of 2 To: Mayor and Town Council From: Judith Jacinto, Court Administrator Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Chris Landrum, Finance Director Ryan Patterson, Assistant Finance Director Re: Municipal Judge Agreement Town Council Meeting – September 8, 2026 Strategic Visioning Priority: Provide Excellent Municipal Services Agenda Item: Consider and act upon the appointment of a Municipal Judge for a two-year term and authorize the Mayor to execute an agreement for same. Description of Agenda Item: Article IV, Section 4.03 of the Town Charter requires the Town Council to appoint a Municipal Judge by the affirmative vote of a majority of the full membership of the Town Council. The Municipal Judge is appointed to a term of two years and may be appointed to additional consecutive terms. If reappointed, the Judge’s new term will begin on October 1, 2026, and end on September 30, 2026. Judge David Moore has been the Municipal Judge for the Town of Prosper for over twenty years and has served as Municipal Judge for various communities in Collin County and Denton County for over thirty years. Judge Moore has expressed his desire to continue serving as the Municipal Judge for the Town of Prosper. Judge Moore is compensated according to a monthly retainer compensation plan of Four Thousand Five Hundred and No/100 Dollars ($4,500), which is reflected in the attached agreement. Budget Impact: Compensation for the Municipal Judge is a budgeted item and is paid from the Judicial Services account. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Agreement MUNICIPAL COURT Page 50 Item 9. Page 2 of 2 Town Staff Recommendation: Town Staff recommends the reappointment of Judge David Moore as the Municipal Judge for the Town of Prosper for a two-year term and authorize the Mayor to execute an agreement for same. Proposed Motion: I move to reappoint Judge David Moore as the Municipal Judge for the Town of Prosper for a two- year term and authorize the Mayor to execute an agreement for same. Page 51 Item 9. Page 52 Item 9. Page 53 Item 9. Page 1 of 2 To: Mayor and Town Council From: David Angeles, Director of Parks and Recreation Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Construction Agreement for Raymond Park Fencing Town Council Meeting – September 8, 2026 Strategic Visioning Priority: 1. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Construction Agreement with Niyam Construction, LLC for Raymond Park Fencing in the amount of $209,197.50. Description of Agenda Item: This construction contract is for 2,800 linear feet of six-foot-tall aluminum fencing with a one foot wide by six-inch-deep concrete mow strip along the southern and eastern edges of Raymond Park on East First Street and Coit Road. The cost for labor is also included. The bid is based on a competitive sealed proposal process in which Niyam Construction, LLC was deemed the lowest responsible bidder. Budget Impact: The total cost of construction is $209,197.50. Funding for this contract is available in account PK2021222. Funding is in partnership with Prosper Area Soccer Association (PASO) with PASO contributing $153,000 toward the project. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard agreement as to form and legality. Attached Documents: 1. Construction Agreement 2. Evaluation Matrix 3. Bid Tabulation Town Staff Recommendation: Town Staff recommend authorizing the Town Manager to execute a Construction Agreement with Niyam Construction, LLC for Raymond Park Fencing in the amount of $209,197.50. PARKS AND RECREATION DEPARTMENT Page 54 Item 10. Page 2 of 2 Proposed Motion: I move to authorize the Town Manager to execute a Construction Agreement with Niyam Construction, LLC for Raymond Park Fencing in the amount of $209,197.50. Page 55 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 1 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between Niyam Construction, LLC, a company authorized to do business in Texas, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: CSP NO. 2026-13-B RAYMOND PARK FENCING in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Cost Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other proposal materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, Page 56 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 2 however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed two hundred nine thousand one hundred ninety- seven dollars and fifty cents ($209,197.50). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 60 calendar days after the date of the Notice to Proceed for the base proposal. Within 15 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Substantial Completion shall be defined as the date upon which all scheduled bid items included in the Contract have been constructed or installed completely to allow all facilities to function as designed and the Contractor has made a request for a final walk-through inspection with the Owner's Construction Superintendent, CIP Program Manager, Engineer, and other representatives. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Final Completion shall be defined as the date upon which all items identified during the final walk-through inspection as being incomplete or not functioning as designed (the “punch list”) have been completed or corrected and the Contractor has requested final acceptance of the Project. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO Page 57 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 3 OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. Page 58 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 4 The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor’s proposal. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. Certificates holder shall be listed as follows, with the project/contract number referenced: Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 re: CSP No. 2026-13-B RAYMOND PARK FENCING 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form only, “claims made” forms are unacceptable. b. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. c. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 2. Minimum Limits of Insurance Contractor shall maintain throughout contract limits not less than: a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: Page 59 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 5 1) Premises / Operations 2) Broad Form Contractual Liability 3) Products and Completed Operations 4) Personal Injury 5) Broad Form Property Damage 6) Explosion Collapse and Underground (XCU) Coverage. b. Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per occupational disease. c. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired and non- owned autos. d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. 3. Deductible and Self-Insured Retentions Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: a. General Liability and Automobile Liability Coverage 1) The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. Page 60 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 6 2) The contractor’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. 3) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. 4) The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. b. Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Town. c. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 5. Acceptability of Insurers The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. 6. Verification of Coverage Contractor shall provide the Town with certificates of insurance indicating coverage’s required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. F. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also Page 61 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 7 procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits A, B and C. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. G. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are Page 62 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 8 to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: 1. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; 2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and 3. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. H. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. I. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall Page 63 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 9 provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. J. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. K. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, Page 64 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 10 be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. L. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. Page 65 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 11 M. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. N. “Anti-Israel Boycott” Provision In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. O. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. P. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. Q. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) Page 66 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 12 within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. [Signatures continued on following page.] Page 67 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 13 CONTRACTOR TOWN OF PROSPER, TEXAS By: ___________________________________ By: MARIO CANIZARES Title: ___________________________________ Title: Town Manager Date: Date: Address: __________________________ __________________________ Phone: ___________________________ Email: ___________________________ Address: 250 W. First St. P.O. Box 307 Prosper, Texas 75078 Phone: (972) 346-2640 Email: mcanizares@prospertx.gov ATTEST: MICHELLE LEWIS SIRIANNI Town Secretary 08/04/2026 Office Manager 1581 Cozy Dr. Fort Worth, Tx, 76120 Breanna Guerrero info@niyamconstruction.com 682-559-2406 Page 68 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 14 PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of two hundred nine thousand one hundred ninety-seven dollars and fifty cents ($209,197.50) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the ____ day of ___________, A.D. 2026, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2026-13-B RAYMOND PARK FENCING in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. Page 69 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 15 AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this, the ________ day of ________________, 2026. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Page 70 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 16 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Page 71 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 17 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of two hundred nine thousand one hundred ninety-seven dollars and fifty cents ($209,197.50) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the ______ day of __________ A.D. 2026, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2026-13-B RAYMOND PARK FENCING NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may Page 72 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 18 be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, this, the _______ day of _________________, 2026. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Page 73 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 19 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Page 74 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 20 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of two hundred nine thousand one hundred ninety-seven dollars and fifty cents ($209,197.50) (one hundred percent (100%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the ________ day of ___________, 2026, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: CSP NO. 2026-13-B RAYMOND PARK FENCING in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. Page 75 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 21 PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original, on this the _____ day of ____________, 2026. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Page 76 Item 10. CSP NO: 2026-13-B RAYMOND PARK FENCING 22 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Page 77 Item 10. CSP NO. 2026-13-B EVALUATION CRITERIA WEIGHTING WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Cost Proposal 65%5.30 3.45 5.94 3.86 7.84 5.10 7.57 4.92 7.56 4.91 0.00 9.05 5.88 5.99 3.90 7.09 4.61 10.00 6.50 6.02 3.91 9.26 6.02 9.35 6.08 6.27 4.08 7.05 4.59 Proposed Project Timeline 25%2.14 0.54 10.00 2.50 2.50 0.63 4.05 1.01 5.00 1.25 0.00 2.50 0.63 8.82 2.21 2.73 0.68 4.00 1.00 6.67 1.67 5.36 1.34 7.50 1.88 3.75 0.94 2.86 0.71 Qualifications and Experience 10%3.67 0.37 7.00 0.70 4.67 0.47 4.33 0.43 3.67 0.37 0.00 5.67 0.57 3.00 0.30 6.33 0.63 6.33 0.63 7.33 0.73 5.67 0.57 1.33 0.13 2.33 0.23 5.33 0.53 TOTAL 100%4.35 7.06 6.19 6.37 6.53 0.00 7.07 6.40 5.92 8.13 6.31 7.93 8.09 5.25 5.83 Nonresponsive StarLux Homes Suba Construction Swift CorporationDelta Specialty Contractors Discount Fence USA Raymond Park Fencing EVALUATION MATRIX A T Construction American Fence Company Cole Construction Concord Commercial Services Home Run Construction Niyam Construction Platinum Concrete Ratliff HardscapeDouble Bronze Star G2 General Contractors Page 78 Item 10. TOWN OF PROSPER PROPOSAL TABULATION SUMMARY Solicitation Number Solicitation Title Close Date Responding Supplier City State Response Submitted Response Total Total Days A T Construction, LLC Aubrey TX 7/28/2026 10:00:43 AM (CT)$394,400.00 140 American Fence Company, Inc.Grand Prairie TX 7/27/2026 02:29:17 PM (CT)$352,012.50 30 Cole Construction, Inc.Fort Worth TX 7/28/2026 10:25:52 AM (CT)$266,743.56 120 Concord Commercial Services, Inc.Balch Springs TX 7/28/2026 01:56:43 PM (CT)$276,441.38 74 Delta Specialty Contractors, LLC West Monroe LA 7/28/2026 01:50:19 PM (CT)$276,740.00 60 Discount Fence USA Austin TX 7/28/2026 08:21:57 AM (CT)$194,853.51 13 non responsive Double Bronze Star McKinney TX 7/28/2026 11:55:50 AM (CT)$231,271.15 120 G2 General Contractors McKinney TX 7/28/2026 09:55:44 AM (CT)$349,089.78 34 Home Run Construction LLC Italy TX 7/28/2026 09:59:22 AM (CT)$295,175.00 110 Niyam Construction (Niyam LLC)Fort Worth TX 7/28/2026 12:18:16 AM (CT)$209,197.50 75 Platinum Concrete LLC McKinney TX 7/27/2026 12:25:00 PM (CT)$347,400.80 45 Ratliff Hardscape, Ltd Carrollton TX 7/28/2026 11:49:27 AM (CT)$225,856.00 56 StarLux Homes LLC (StarLux Construction Group)Prosper TX 7/28/2026 12:29:32 PM (CT)$223,660.00 40 Suba Construction, LLC Arlington TX 7/28/2026 12:08:14 PM (CT)$333,447.00 80 Swift Corporation Round Rock TX 7/28/2026 01:34:39 PM (CT)$296,564.00 105 Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:July 28, 2026 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. 2026-13-B Raymond Park Fencing 7/28/2026 at 2:00PM Page 79 Item 10. Page 1 of 2 To: Mayor and Town Council From: Lindy M. Higginbotham, P.E., Senior Engineer Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Hulon T. Webb, Jr., P.E., Director of Engineering Services Pete Anaya, P.E., Assistant Director of Engineering – Capital Projects Re: Bid Award: Craig Road Elevated Storage Tank Rehabilitation Town Council Meeting – September 8, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute a Construction Agreement awarding CSP No. 2026-22-B to O & J Coatings, Inc., related to construction services for the Craig Road Elevated Storage Tank Rehabilitation project in the amount of $1,825,320 and authorize $180,000 for construction phase contingencies. The total purchase order amount is $2,005,320. Description of Agenda Item: On August 18, 2026, at 2:00 PM, six (6) Competitive Sealed Proposals were received for the Craig Road Elevated Storage Tank Rehabilitation project (2520-WA). The project consists of all work needed for the rehabilitation of the existing 2.0 Millon Gallon Craig Street Elevated Storage Tank (EST). The interior and exterior coating system is at end-of-life span and in need of blasting and recoating. 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 include 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 $1,759,976.38 to $2,500,550. The Engineer's Estimate was $2,216,754. The proposal’s final completion times ranged from 181 calendar days to 270 calendar days. ENGINEERING SERVICES Page 80 Item 11. Page 2 of 2 O & J Coatings, Inc., was the firm that ranked the highest after consideration of Costs, Time, and Qualifications with a cost of $1,847,320 and a project timeline of 182 calendar days. O & J Coatings, Inc., has not performed a project for the Town of Prosper but has successfully completed similar projects for the cities of Arlington, Southlake, and Coppell. Staff checked the references provided and received positive feedback. Lower cost proposals scored lower either due to the additional time needed to complete or having less experience with these types of projects than the recommended vendor. The Competitive Sealed Proposal Construction alternative procurement method allows for negotiations as part of the process to make sure that the best value is achieved. Staff worked with O & J Coatings, Inc., to reduce project costs resulting in $22,000.00 cost savings and a revised project cost of $1,825,320. Budget Impact: The cost for the construction of the project is $1,825,320. The construction budget for the project is $2,540,000 in Account No. WA202520-CONST-CONST. The contingency amount of $180,000 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. Attachments: 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. 2026-22-B to O & J Coatings, Inc., related to construction services for the Craig Road Elevated Storage Tank Rehabilitation project in the amount of $1,825,320 and authorize $180,000 for construction phase contingencies. The total purchase order amount is $2,005,320. Proposed Motion: I move to authorize the Town Manager to execute a Construction Agreement awarding CSP No. 2026-22-B to with O & J Coatings, Inc., related to construction services for the Craig Road Elevated Storage Tank Rehabilitation project in the amount of $1,825,320 and authorize $180,000 for construction phase contingencies. The total purchase order amount is $2,005,320. Page 81 Item 11. LOCATION MAP Craig Road Elevated Storage Tank Rehabilitation Craig Road Elevated Storage Tank First Street Craig Road Page 82 Item 11. TOWN OF PROSPER PROPOSAL TABULATION SUMMARY Solicitation Number Solicitation Title Close Date Responding Supplier City State Response Submitted Response Total Total Days Blastco Texas Inc Channelview TX 8/13/2026 09:23:56 AM (CT)$1,999,371.00 270 Dallas Harmony Construction LLC Irving TX 8/13/2026 01:55:18 PM (CT)$1,759,976.38 181 Dixie Painting & Sandblasting, Inc Andalusia AL 8/13/2026 01:57:51 PM (CT)$2,464,120.00 210 O&J COATINGS INC HURST TX 8/13/2026 01:50:56 PM (CT)$1,825,320.00 182 Tanksco Inc Decatur TX 8/13/2026 12:18:40 PM (CT)$2,500,550.00 245 Viking Painting, LLC La Vista NE 8/13/2026 11:42:41 AM (CT)$1,779,000.00 210 Certified by: Jay Carter, NIGP-CPP, CPPB, C.P.M. Certified on:August 13, 2026 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. 2026-22-B Craig Road Elevated Storage Tank Rehabilitation 08/13/2026 at 2:00PM Page 83 Item 11. CSP NO. 2026-22-B EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE POINTS WEIGHTED SCORE Cost Proposal 65%8.80 5.72 10.00 6.50 7.14 4.64 9.64 6.27 7.04 4.57 9.89 6.43 Proposed Project Timeline 25%6.70 1.68 10.00 2.50 8.62 2.15 9.95 2.49 7.39 1.85 8.62 2.15 Qualifications and Experience 10%7.33 0.73 2.67 0.27 4.00 0.40 7.00 0.70 2.33 0.23 7.33 0.73 TOTAL 100%8.13 9.27 7.20 9.45 6.66 9.32 Tanksco Inc Viking Painting, LLCO&J COATINGS INC Craig Road Elevated Storage Tank Rehabilitation EVALUATION MATRIX Blastco Texas Inc Dallas Harmony Construction LLC Dixie Painting & Sandblasting, Inc Page 84 Item 11. CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between O&J Coatings Inc, a company authorized to do business in Texas, (the "Contractor") and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: CSP NO. 2026-22-B CRAIG ROAD ELEVATED STORAGE TANK REHABILITATION in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Cost Proposal; 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other proposal materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. Page 85 Item 11. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed one million eight hundred twenty-five thousand three hundred twenty dollars and zero cents ($1,825,320.00). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 151 calendar days after the date of the Notice to Proceed for the base proposal. Within 31 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Substantial Completion shall be defined as the date upon which all scheduled bid items included in the Contract have been constructed or installed completely to allow all facilities to function as designed and the Contractor has made a request for a final walk-through inspection with the Owner's Construction Superintendent, CIP Program Manager, Engineer, and other representatives. For the purpose of tracking time, issuing payment of retainage, and assessing liquidated damages, Final Completion shall be defined as the date upon which all items identified during the final walk-through inspection as being incomplete or not functioning as designed (the “punch list”) have been completed or corrected and the Contractor has requested final acceptance of the Project. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS Page 86 Item 11. SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. Page 87 Item 11. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) E. Insurance Requirements Contractor shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the contractor’s proposal. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. Certificates holder shall be listed as follows, with the project/contract number referenced: Town of Prosper Attn: Purchasing Manager P.O. Box 307 Prosper, Texas 75078 re: CSP NO. 2026-22-B CRAIG ROAD ELEVATED STORAGE TANK REHABILITATION 1. Minimum Scope of Insurance Coverage shall be at least as broad as: a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General Liability. “Occurrence” form only, “claims made” forms are unacceptable. b. Workers’ Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. c. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 2. Minimum Limits of Insurance Contractor shall maintain throughout contract limits not less than: a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: Page 88 Item 11. 1) Premises / Operations 2) Broad Form Contractual Liability 3) Products and Completed Operations 4) Personal Injury 5) Broad Form Property Damage 6) Explosion Collapse and Underground (XCU) Coverage. b. Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per occupational disease. c. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired and non- owned autos. d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to the completed value of the structure. Town shall be listed as Loss Payee. e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile Liability, General Liability, and Employers Liability coverages. 3. Deductible and Self-Insured Retentions Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. 4. Other Insurance Provisions The policies are to contain, or be endorsed to contain the following provisions: a. General Liability and Automobile Liability Coverage 1) The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. Page 89 Item 11. 2) The contractor’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the contractor’s insurance and shall not contribute with it. 3) Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. 4) The contractor’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the limits of the insured’s limits of liability. b. Workers’ Compensation and Employer’s Liability Coverage The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the contractor for the Town. c. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 5. Acceptability of Insurers The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. 6. Verification of Coverage Contractor shall provide the Town with certificates of insurance indicating coverage’s required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. F. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also Page 90 Item 11. procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%) of the total proposed price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits A, B and C. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. G. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are Page 91 Item 11. to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: 1. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; 2. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and 3. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. H. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. I. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall Page 92 Item 11. provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. J. Acceptance of Erosion Control Measures When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. K. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, Page 93 Item 11. be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. L. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. Page 94 Item 11. M. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. N. “Anti-Israel Boycott” Provision In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term of this Contract. O. IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. P. PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. Q. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) Page 95 Item 11. within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. [Signatures continued on following page.] Page 96 Item 11. CONTRACTOR TOWN OF PROSPER, TEXAS By: J. ARTURO ANDRADE By: MARIO CANIZARES Title: President Title: Town Manager Date: Date: Address: 1720 Cynthia Lane Hurst, TX 76054 Phone: (817) 917-1040 Email: ojcoatingsinc@yahoo.com Address: 250 W. First St. P.O. Box 307 Prosper, Texas 75078 Phone: (972) 346-2640 Email: mcanizares@prospertx.gov ATTEST: MICHELLE LEWIS SIRIANNI Town Secretary Page 97 Item 11. Page 1 of 1 To: Mayor and Town Council From: David A. Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Planned Development for Saddle Creek Commercial Town Council Meeting – September 8, 2026 Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for Development Agenda Item: Consider and act upon remanding back to the Planning and Zoning Commission for consideration at a future meeting a request to rezone a portion of Planned Development-31 to create a new Planned Development on Saddle Creek Commercial, Block A, Lots 2R and 3, for non-residential uses (office, restaurant, retail), on 13.6± acres, located on the west side of Preston Road, 225± feet north of Prosper Trail. (ZONE-25-0003) No action will be taken on this agenda. Description of Agenda Item: The proposed zoning was considered by the Planning and Zoning Commission on August 18, 2026. The Commission recommended approval of the item subject to several modifications. The applicant is in process of altering the zoning exhibits to address these items. Once completed, the case will be brought to the Commission on October 6, 2026, for review. Therefore, Staff requests that the item be tabled to the Council’s October 13, 2026, meeting. Town Staff Recommendation: Town Staff recommend the Town Council remand back to the Planning and Zoning Commission for consideration at a future meeting a request to rezone a portion of Planned Development-31 to create a new Planned Development on Saddle Creek Commercial, Block A, Lots 2R and 3, for non-residential uses (office, restaurant, retail), on 13.6± acres, located on the west side of Preston Road, 225± feet north of Prosper Trail. Proposed Motion: I move to remand back to the Planning and Zoning Commission for consideration at a future meeting a request to rezone a portion of Planned Development-31 to create a new Planned Development on Saddle Creek Commercial, Block A, Lots 2R and 3, for non-residential uses (office, restaurant, retail), on 13.6± acres, located on the west side of Preston Road, 225± feet north of Prosper Trail. PLANNING Page 98 Item 12. Page 1 of 1 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Development Agreement for Frontier Gateway Town Council Meeting – September 8, 2026 Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for Development Agenda Item: Consider and act upon authorizing the Town Manager to execute a Development Agreement between Urban Heights at Frontier LLC and the Town of Prosper relative to Frontier Gateway. (DEVAGRE-26-0007) Description of Agenda Item: On August 18, 2026, the Planning and Zoning Commission unanimously approved the proposed Preliminary Site Plan by a vote of 6-0. A Development Agreement has been prepared accordingly. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Development Agreement Town Staff Recommendation: Town Staff recommend the Town Council authorize the Town Manager to execute a Development Agreement between Urban Heights at Frontier LLC and the Town of Prosper relative to Frontier Gateway. Proposed Motion: I move to authorize/not authorize the Town Manager to execute a Development Agreement between Urban Heights at Frontier LLC and the Town of Prosper relative to Frontier Gateway. PLANNING Page 99 Item 13. Page 100 Item 13. Page 101 Item 13. Page 102 Item 13. Page 103 Item 13. Page 104 Item 13. Page 105 Item 13. Page 106 Item 13. Page 107 Item 13. Page 108 Item 13. Page 109 Item 13. Page 110 Item 13. Page 1 of 1 To: Mayor and Town Council From: David A. Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Notice of Appeals Town Council Meeting – September 8, 2026 Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for Development Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to Article 2.03(H)(8) and 2.03(I)(3)(g) of the Town’s Unified Development Code, regarding action taken by the Planning and Zoning Commission on Preliminary Site Plans and Site Plans. Description of Agenda Item: Attached are the Preliminary Site Plan(s) and Site Plan(s) that were acted on by the Planning and Zoning Commission on August 18, 2026. Per the Unified Development Code, the Town Council can direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plans and Site Plans acted on by the Planning and Zoning Commission. Budget Impact: There is no budgetary impact affiliated with this item. Attached Documents: 1. DEVAPP-24-0110 – Frontier Gateway, Block A, Lots 1-12 (Approved 6-0) 2. DEVAPP-26-0018 – Prosper Flex Park, Block A, Lot 1 (Approved 6-0) 3. DEVAPP-26-0038 – Park Place, Phase 1, Block C, Lot 1X (Approved 6-0) 4. PowerPoint Slides Town Staff Recommendation: Town Staff recommend the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 111 Item 14. S N W E M A T C H L I N E SHT. 3M A T C H L I N E SHT. 3M A T C H L I N E SHT. 5M A T C H L I N E SHT. 2M A T C H L I N E SHT. 5M A T C H L I N E SHT. 4M A T C H L I N E SHT. 2 M A T C H L I N E SHT. 4 Sheet 1 of 6 PRELIMINARY SITE PLAN FRONTIER GATEWAY BLOCK A, LOTS 1-12, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY SECTION NO. 12, ABSTRACT NO. 147 1,369,004 Net Sq.Ft. / 31.428 Net Acres 1,505,293 Gross Sq.Ft. / 34.556 Gross Acres Current Zoning: C-Commercial Town Case No. : DEVAPP-24-0110 Prepared April 2026 LOCATION MAP 1" = 2000' Page 112 Item 14. S N W E Sheet 2 of 6 PRELIMINARY SITE PLAN FRONTIER GATEWAY BLOCK A, LOTS 1-12, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY SECTION NO. 12, ABSTRACT NO. 147 1,369,004 Net Sq.Ft. / 31.428 Net Acres 1,505,293 Gross Sq.Ft. / 34.556 Gross Acres Current Zoning: C-Commercial Town Case No. : DEVAPP-24-0110 Prepared April 2026 LOCATION MAP 1" = 2000'M A T C H L I N E SHT. 3M A T C H L I N E SHT. 4 Page 113 Item 14. S N W E Sheet 3 of 6 PRELIMINARY SITE PLAN FRONTIER GATEWAY BLOCK A, LOTS 1-12, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY SECTION NO. 12, ABSTRACT NO. 147 1,369,004 Net Sq.Ft. / 31.428 Net Acres 1,505,293 Gross Sq.Ft. / 34.556 Gross Acres Current Zoning: C-Commercial Town Case No. : DEVAPP-24-0110 Prepared April 2026 LOCATION MAP 1" = 2000'M A T C H L I N E SHT. 2M A T C H L I N E SHT. 5 Page 114 Item 14. S N W E Sheet 4 of 6 PRELIMINARY SITE PLAN FRONTIER GATEWAY BLOCK A, LOTS 1-12, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY SECTION NO. 12, ABSTRACT NO. 147 1,369,004 Net Sq.Ft. / 31.428 Net Acres 1,505,293 Gross Sq.Ft. / 34.556 Gross Acres Current Zoning: C-Commercial Town Case No. : DEVAPP-24-0110 Prepared April 2026 LOCATION MAP 1" = 2000'M A T C H L I N E SHT. 5M A T C H L I N E SHT. 2 Page 115 Item 14. S N W E Sheet 5 of 6 PRELIMINARY SITE PLAN FRONTIER GATEWAY BLOCK A, LOTS 1-12, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY SECTION NO. 12, ABSTRACT NO. 147 1,369,004 Net Sq.Ft. / 31.428 Net Acres 1,505,293 Gross Sq.Ft. / 34.556 Gross Acres Current Zoning: C-Commercial Town Case No. : DEVAPP-24-0110 Prepared April 2026 LOCATION MAP 1" = 2000'M A T C H L I N E SHT. 4M A T C H L I N E SHT. 3 Page 116 Item 14. Sheet 6 of 6 PRELIMINARY SITE PLAN FRONTIER GATEWAY BLOCK A, LOTS 1-12, IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS SITUATED IN THE COLLIN COUNTY SCHOOL LAND SURVEY SECTION NO. 12, ABSTRACT NO. 147 1,369,004 Net Sq.Ft. / 31.428 Net Acres 1,505,293 Gross Sq.Ft. / 34.556 Gross Acres Current Zoning: C-Commercial Town Case No. : DEVAPP-24-0110 Prepared April 2026 Page 117 Item 14. OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLS S S S S S S S S S S S S S OHE OHE OHE OHE OHE GASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASGASWEST PROSPER TRAIL FH FH FH APROX. 64' EX STORAGE APROX. 93' EX TRANSITION 80'60' RETENTION POND 20' SSE EX FH EX FH EXISTING DRAINAGE EASEMENT 30' FRONT YARD SETBACK 25' BUILDING SETBACK 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 25' BUILDING SETBACK 25' BUILDING SETBACK 5' LANDSCAPE SETBACK RETAINING WALL 26' FIRE LANE, ACCESS, DRAINAGE, UTILITY EASEMENT 26' FIRE LANE, ACCESS, DRAINAGE, UTILITY EASEMENT EXISTING DRAINAGE EASEMENT EX 8' TALL CHAIN LINK FENCE TO REMAIN REMOTE FDC WITH BOLLARD PROTECTION ON ALL 4 CORNERS 75' ATMOS EASEMENT DOC NO. 2020020600171440, R.P.R.C.C.T. 20' SANITARY AND WATERLINE EASEMENT DOC. NO..20060126000108690 R.P.R.C.C.T. 30' FIRE LANE AND WATERLINE EASEMENT DOC NO. 20151221001584210, R.P.R.C.C.T. 25' LANDSCAPE AND PEDESTRIAN ACCESS EASEMENT EXISTING DRAINAGE EASEMENT EX 24' FIRE, ACCESS, AND UTILITY EASEMENT EX BUILDING EX BUILDING EX BUILDINGEX BUILDINGEX BUILDINGEX BUILDING EX BUILDINGEX BUILDING EX FENCED UTILITIES EX 24' FIRE, ACCESS, AND UTILITY EASEMENT EX BUILDING 23' X 11' X 8' TALL DUMPSTER ENCLOSURE 227'208'319' PROPOSED FIRE LANE AND ACCESS EASEMENT 23' X 11' X 8' TALL DUMPSTER ENCLOSURE 23' X 11' X 8' TALL DUMPSTER ENCLOSURE 23' X 11' X 8' TALL DUMPSTER ENCLOSURE BUILDIN G 1 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' FFE = 6 4 5 . 5 0 BUILDIN G 2 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' FFE = 6 4 5 . 7 0 BUILDIN G 3 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' FFE = 64 4 . 5 0 BUILDIN G 4 WAREH O U S E / O F F I C E 38,500 S F 1 STOR Y - 4 0 ' FFE = 64 4 . 7 0 50' BACKING 50' BACKING FH FH REMOTE FDC W/ BOLLARD PROTECTION ON ALL 4 CORNERS FH FH 10' WE 10' WE 10' WE 10'X20' WE 10' WE 10' WE 10' WE 10'X20' WE 10' WE S11°31'22"W1203.52'N89°27'49"E 400.48' N11°33'32"E 1203.46' S89°25'57"W 399.75' R30' R30' R30' R54' R10' R10' R10'R10' R10' R30' R54' R54' 60' EX. MEDIAN OPENING FH FH R30' R30' R30' R30' 110' FH 10' WE RETAINING WALL20'(TYP.)20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.) 9' (TYP.)14'20'(TYP.)9' (TYP.) 9' (TYP.) 9' (TYP.)14'20'(TYP.)9' (TYP.)20'(TYP.)9' (TYP.)24'24'350'350'350'350'50'9' (TYP.) 23'11'23'11'18'(TYP.)18'(TYP.)23'11'20'(TYP.)110' 110'14'14'110' 26' 26' 26' R30' R30' R30' 27' TRUCK WELL 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) 36' POTENTIAL ROLL UP DOOR LOCATION (TYP.) POTENTIAL ROLL UP DOOR LOCATION (TYP.) R15' R10' R15' EX 6' SIDEWALK 6' 38' 11' 25' 11' 38' 25' 6' 38' 11' 25' 11' 38'6' 25' FH WM FH FHMH MH MH MH CI JB GI CI MH MH HW CI CI CI CI CI CI ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 86, 14.0 ACRES OFFICE/INDUSTRIAL ABS A0147 COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 2, TRACT 3, 18.925 ACRES OFFICE/INDUSTRIAL PROSPER BUSINESS PARK, ALL STORAGE PROSPER ADDITION(CPR), BLOCK A,, LOT 1 OFFICE/INDUSTRIAL MH 20' SANITARY SEWER EASEMEMT DOCUMENT NO. 2023000115710 O.P.R.C.C.T. EX OVERHEAD ELECTRIC PROPOSED POLE-MOUNTED TRANSFORMER PROPOSED POLE-MOUNTED TRANSFORMERS HWPROP DRAINAGE AND DETENTION EASEMENT CI CI PROP DRAINAGE EASEMENT 22' 10' WE WM 15' WE FDC 10' WEWM 10' WE FH 10' WE FH 10' WE 10' WE 10' WE 10' WE FDC 10' WE JB JB 90' 20' (TYP.) 20' (TYP.)9'(TYP.)30' 90'10'(TYP.)30' 30'9'(TYP.)20' (TYP.) 20' (TYP.) 30' 30' 30'9'(TYP.)9'(TYP.)9'(TYP.)9'(TYP.)10'(TYP.)20' (TYP.) 20' (TYP.) 30' 30' 30' 20' (TYP.) 20' (TYP.) 30' 30' 30'9'(TYP.)9'(TYP.)9'(TYP.)9'(TYP.)9'(TYP.)9'(TYP.)10'(TYP.)10'(TYP.)R25' R25' WM 5' LANDSCAPE BUFFER TRUCK WELL 5' LANDSCAPE BUFFER 5'5'5'5'TRUCK WELL 5' LANDSCAPE BUFFER TRUCK WELL 5' LANDSCAPE BUFFER GI GI GI GI JB GI GI GI GI R30' 12'X12' RISER ROOM (TYP.) 12'X12' RISER ROOM (TYP.) R30' R30' 12'X12' RISER ROOM (TYP.) 12'X12' RISER ROOM (TYP.) TEMPORARY CONSTRUCTION EASEMENT R15'CI 5' 5' 6' 6' 11' 15' TU ELECTRIC EASEMENT DOCUMENT NO. 19970522000399670 O.P.R.C.C.T. 15' TU ELECTRIC EASEMENT DOCUMENT NO. 19970522000399670 O.P.R.C.C.T. 10' FUE 10' FUE PROP. FUE R30' R10' R10' R10' R10' R10' R10' R10' R10' R10' R10' R20' R20' R24'This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT260 EAST DAVIS STREET, SUITE 100, MCKINNEY, TX 75069PHONE: 469-301-2580 FAX: 972-239-3820WWW.KIMLEY-HORN.COM TX F-928RAKEMRAKLAST SAVED7/30/2026 11:46 AMPLOTTED BYMARTINEZ, EDUARDO 8/12/2026 4:55 PMDWG PATHK:\MKN_CIVIL\064492135-PROVIDENT PROSPER TRAIL INDUSTRIAL\CAD\PLANSHEETSDWG NAMESITE PLAN.DWG , [ 24 x 36 ]IMAGESXREFS xStrm : xSurv : xUtil : xBrdr : xAerial : xHtch : xSite : xStrm - Rev : xExutil : xPlant : xTree : xDryutil064492135PROVIDENT INDUSTRIALPROSPER, TEXAS© 2026 KIMLEY-HORN AND ASSOCIATES, INC.02/17/2026SITE PLAN00 60'120' GRAPHIC SCALE 60' TYP TYPICAL WATER EASEMENTWE SANITARY SEWER EASEMENTSSE NUMBER OF PARKING SPACESX FH ACCESSIBLE PARKING SYMBOL BARRIER FREE RAMP (BFR) EXISTING CONTOUR - MAJOR EXISTING CONTOUR - MINOR DRAINAGE EASEMENTDE BARRIER FREE RAMPBFR SIDEWALKSW CURB INLETCI LEGEND FIRE HYDRANT EXISTING PAVEMENT FDC FIRE DEPARTMENT CONNECTION EXISTINGEX PROPOSEDPROP. PROPOSED FIRE LANE PROPOSED BUILDING FL FL BUILDING LINE/SETBACKBL WM WYE INLETWI MANHOLEMH TRANSFORMER PAD GRATE INLETGI JUNCTION BOXJB T S SANITARY SEWER MANHOLE CURB INLET GRATE INLET HEADWALL JUNCTION BOX OR WYE INLET WATER METER (AND VAULT) PROPSED CONTOUR - MAJOR PROPOSED CONTOUR - MINOR FRANCHISE UTILITY EASEMENTFUE VICINITY MAP N.T.S. ROAD NAME COLLECTOR ARTERIAL HIGHWAY WEST PROSPER TRAIL PROJECT LOCATION INDUSTRY WAY MIKE HOWARD LANEBSNF RAILROADN COLEMAN STREETProsper Trail Commercial LP 10210 N Central Expy Ste 300 Dallas, TX 75231-3470 Contact: Hunter Graham Phone: (972)-385-4149 Kimley-Horn and Associates, Inc. 260 East Davis Street Suite 100 McKinney, Texas 75069 Contact: Rachel Korus, P.E. Phone: (469)-301-2594 SITE DATA SUMMARY TABLE ZONING LOT AREA/ SQ. FT. AND AC BUILDING AREA (gross square footage) BUILDING HEIGHT (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) TOTAL HANDICAP REQUIRED 7 SPACES TOTAL HANDICAP PROVIDED 8 SPACES USABLE OPEN SPACE REQUIRED 53,210 SQ. FT. (11.3%) USABLE OPEN SPACE PROVIDED 56,384 SQ. FT. (11.98%) *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS IMPERVIOUS SURFACE 198,720 SQ. FT. INTERIOR LANDSCAPING REQUIRED 3,945 SQ. FT. INTERIOR LANDSCAPING PROVIDED 8,454 SQ. FT. PROPOSED USE TOTAL PARKING REQUIRED (1:250 FOR OFFICE = 37,000 SF: 148) (1:1000 FOR WAREHOUSE = 117,000 SF: 117) PD-52/CC 117,000 GSF (WAREHOUSE) 37,000 GSF (OFFICE) 265 SPACES OFFICE/WAREHOUSE/ 470,844 SF;10.817 AC 32.7% 40' (1 STORY) .33:1 TOTAL PARKING PROVIDED 265 SURFACE SPACES TECHNOLOGYLNC-04 ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.ALL DEVELOPMENT STANDARDS SHALL FOLLOW TOWN STANDARDS. 2.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN OF PROSPER. 3.ALL DEVELOPMENT STANDARDS SHALL FOLLOW FIRE REQUIREMENTS PER THE TOWN OF PROSPER. 4.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 5.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 6.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 7.THE APPROVAL OF A PRELIMINARY SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE THAT THE PRELIMINARY SITE PLAN IS APPROVED BY THE PLANNING & ZONING COMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVE SUBMITTED AND RECEIVED THE APPROVAL OF A SITE PLAN BY THE PLANNING & ZONING COMMISSION. IF A SITE PLAN IS NOT APPROVED WITHIN SUCH TWO (2) YEAR PERIOD, THE PRELIMINARY SITE PLAN APPROVAL IS NULL AND VOID. IF SITE PLAN APPROVAL IS ONLY FOR A PORTION OF THE PROPERTY, THE APPROVAL OF THE PRELIMINARY SITE PLAN FOR THE REMAINING PROPERTY SHALL BE NULL AND VOID. 8.OPEN SPACE REQUIREMENTS SHALL FOLLOW THE ZONING ORDINANCE, PER TRACT. OPEN SPACE SHALL NOT INCLUDE VEHICULAR PAVING, REQUIRED PARKING LOT LANDSCAPE ISLANDS, BUILDING FOOTPRINT, UTILITY YARDS, REQUIRED LANDSCAPE SETBACKS, SIDEWALKS*, AND DETENTION POND NOTES Page 118 Item 14. PROPOSEDAMENITY CENTERFFE = 600.85PROPOSEDPOOL13133LOT 1X55466 SF1.27 ACR1-1STOPR1-1STOPR7-1NOPARKINGANYTIMER7-1NOPARKINGANYTIMER7-1NOPARKINGANYTIMER7-1NOPARKINGANYTIMEPARK PLACE(AUDE/PRIVATE STREET)(LOT 4X, BLK A)(LOT 4X, BLK A)CAMBRIDGE DRIVE(AUDE/PRIVATE STREET)(LOT 4X, BLK A)ASTER DRIVE (AUDE/PRIVATE STREET)j:\civil 3d projects\sha - shaddock\sha021 - park place ac\jvc plans\dwg\sheets\construction plans\sha021 - site plan.dwg N2010SCALE 1" = 20'020Engineer/Surveyor: Johnson Volk Consulting, Inc.704 Central Parkway East, Suite 1200Plano, Texas 75074Phone: 972-201-3102Contact: Claudio SegoviaEmail: claudio.segovia@johnsonvolk.comOwner/Developer:Park Place Prosper Community Association, INCC/O: Legacy Southwest Property Management5600 Tennyson Parkway, Suite 120Plano, Texas 75024Phone: 214-405-6942Contact: Will ShaddockDEVAPP-26-0038SITE PLANPARK PLACE PHASE 1AMENITY CENTER1.27 ACRESBLOCK C, LOTS 1XLOUISA NETHERLY SURVEY, ABSTRACT NO. 962JOHN J. HOWE SURVEY, ABSTRACT NO. 350TOWN OF PROSPERDENTON COUNTY, TEXAS20 July 2026········PLAN LEGENDNFENCING LEGENDPARVIN RDN LEGACY DR SITEN TEEL PKWY W PROSPER TRAILPARK PLACECAMBRIDGE DR. BELLAGIO DR.Page 119Item 14. Preliminary Site Plan Frontier Gateway Block A, Lots 1-12 (DEVAPP-24-0110) Page 120 Item 14. Proposal Purpose: •Construct 12 commercial buildings (office, restaurant, and retail uses) totaling 214,822 square feet and associated parking. Updates: •Development Agreement •Increased Landscaping (Dallas Parkway and Frontier Parkway) •Modification of Lot 5 (Restaurant/Retail instead of Pharmacy with a drive-through) Page 121 Item 14. Site Layout Lot Breakdown: •Lot 1: Restaurant (2,400 SF) •Lot 2: Retail (10,850 SF) •Lot 3: Restaurant (2,400 SF) •Lot 4: Retail (7,800 SF) •Lot 5: Restaurant/Retail (14,972 SF) •Lot 6: Restaurant/Retail (15,655 SF) •Lot 7: Retail (35,724 SF) •Lot 8: Retail (16,773 SF) •Lot 9: Restaurant/Retail (13,650 SF) •Lot 10: Restaurant/Retail (13,650 SF) •Lot 11: Office/Retail (40,118 SF) •Lot 12: Office/Retail (40,830 SF) Page 122 Item 14. Phasing and Open Space Phasing: •Phase 1: Lots 1-8 (North of East-West Drive Aisle) •Phase 2: Lots 9-12 (South of East-West Drive Aisle) Open Space: •Centrally located retention pond with pathways that connect to surrounding lots. Recommendation: •Town Staff recommends approval of the Preliminary Site Plan subject to Town Council approval to execute the proposed Development Agreement.Page 123 Item 14. Page 124 Item 14. Page 125 Item 14. Page 126 Item 14. Page 127 Item 14. Page 128 Item 14. Page 129 Item 14. Page 130 Item 14. Site Plan Prosper Flex Park Block A, Lot 1 (DEVAPP-26-0018) Page 131 Item 14. Proposal Purpose: •Construct four office/warehouse buildings totaling 154,000 square feet and associated parking. •Each Building is 38,500 SF Recommendation: •Town Staff recommends approval of the Site Plan. Page 132 Item 14. Page 133 Item 14. Page 134 Item 14. Page 135 Item 14. Page 136 Item 14. Page 137 Item 14. Site Plan Park Place Block C, Lot 1X (DEVAPP-26-0038) Page 138 Item 14. Proposal Purpose: •Construct a 5,250 square foot amenity center and associated parking to serve Park Place subdivision. Recommendation: •Town Staff recommends approval of the Site Plan. Page 139 Item 14. Page 140 Item 14. Page 141 Item 14. Page 142 Item 14. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: FY 2026 – 2027 Fee Schedule Adjustments Town Council Meeting – September 8, 2026 Strategic Visioning Priority: 1. 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 2026 – 2027 Budget Process, staff worked to find other sources of revenue that could be utilized so that needed service requests are met. Several departments were already working with consultants to change their fees and fines in relation to our comparison cities, and staff worked to forecast how these changes could bring in additional revenue to support town services. Budget Impact: The additional revenue generated from the fee increases will be effective as of October 1, 2026 and have been incorporated into the FY 2027 Proposed Budget’s revenue. 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. Proposed Fee Schedule Town Staff Recommendation: Town Staff recommend that the Town Council approve an Ordinance amending Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances effective October 1, 2026. FINANCE Page 143 Item 15. Page 2 of 2 Proposed Motion: I move to approve an Ordinance amending Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances effective October 1, 2026. Page 144 Item 15. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBSECTIONS (5) AND (9), AND ADDING A NEW SUBSECTION (12), TO SECTION VIII, “MISCELLANEOUS,” OF APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES; REPEALING EXISTING SECTION IX, “WATER AND SEWER RATES,” AND REPLACING IT WITH A NEW SECTION IX, “WATER AND SEWER RATES,” OF APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES; REPEALING EXISTING SECTION XIV, “PUBLIC WORKS FEE SCHEDULE,” AND REPLACING IT WITH A NEW SECTION XIV, “PUBLIC WORKS FEE SCHEDULE,” OF APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES; REPEALING EXISTING SECTION XVIII, “BACKFLOW PREVENTION PLAN AND ENFORCEMENT FEES,” AND REPLACING IT WITH A NEW SECTION XVIII, “BACKFLOW PREVENTION PLAN AND ENFORCEMENT FEES,” OF APPENDIX A, “FEE SCHEDULE,” TO THE TOWN’S CODE OF ORDINANCES; 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 certain provisions, including certain fees, contained in the Code of Ordinances as well as Appendix A to the Town’s Code of Ordinances, should be revised; and WHEREAS, in conjunction with budget adoption, the Town Council reviewed the current and proposed provisions and fees in the Code of Ordinances and Appendix A to the Town’s Code of Ordinances and determined that certain revisions would be advantageous, beneficial and in the best interests of the citizens of Prosper; and WHEREAS, since that time, the Town has determined that following revisions to fees should be revised and included in the fees contained in Appendix A 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, existing Subsections (5) and (9) are amended, and a new Subsection (12) is added to Section VIII, “Miscellaneous,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances is hereby amended to read as follows: “(5) Returned check/insufficient funds fee: $35.00. * * * Page 145 Item 15. Ordinance No. 2026-__, Page 2 (9) Library Fees: (A) Effective June 26, 2018, there shall be no fines for overdue books, DVDs or other library materials. Late fees and fines incurred prior to that date may be paid by food donations (as determined by the Library Director) through July 12, 2018, and thereafter, all library accounts shall be locked until paid in full. (B) Effective July 28, 2018, a library card shall cost $50.00 for any non-town resident. (C) Effective October 15, 2026, a 3D printing charge shall be assessed at $0.30 per gram. (D) Effective October 15, 2026, a Print/copy fee of $0.15 per side (Black & White) and $0.50 per side (Color). * * * (12) 68-A Inspection Fee: $40.00.” SECTION 3 From and after the effective date of this Ordinance, existing Section IX, “Water and Sewer Rates,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances is hereby repealed in its entirety and replaced with a new Section IX, “Water and Sewer Rates,” to read as follows: “§ IX. Water and Sewer Rates. Please refer to Chapter 13, “Utilities,” Article 13.07, “Utility Bills,” for additional information on the Town's utility billing policies. (1) Late fees. (A) All utility bill payments are due by the 10th day from the date of the bill except when the tenth day falls on Saturday, Sunday or legal holiday under which condition they are due by 5:00 p.m. central time on the next working day. (B) All payments made after the tenth (10th) day will bear a late fee, as set forth as follows, of the unpaid balance of the billed amount. (2) Water and/or sewer connections. The town may extend water and sanitary sewer mains in the streets, alleys and utility easements in the town in order to permit connections for those persons desiring water and sewer service. The individual, corporation or partnership requesting the service shall pay the town an amount equal to the cost of all materials, labor, equipment and other costs to provide the requested extension. At any time additional connections are made to the water and/or sewer mains, the town may collect from the individual connecting to the main(s) an amount equal to the proportional amount of footage of the connector's land abutting the sewer and/or water and repay the same to the original requestor(s) of service or designated recipients. (3) Residential service rates. Page 146 Item 15. Ordinance No. 2026-__, Page 3 (A) Residential water service rates: Meter Size Minimum Service Charge (Effective October 15, 2026) 3/4" or smaller $16.42 1" $27.37 1-1/2" $54.73 2" $87.51 3" $164.01 4" $273.34 6" $546.50 Volumetric Charge Rate per 1,000 Gallons (Effective October 15, 2026) 0—10,000 gallons $5.50 10,001—20,000 gallons $7.98 20,001-35,000 gallons $9.98 35,001+gallons $14.97 (B) Residential wastewater service rates: (i) All residential accounts, effective October 15, 2026, minimum service charge: $44.72. (ii) Volumetric charge, effective October 15, 2026, $7.71 per 1,000 gallons. (iii) Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February. (C) Additional residential service charges: (i) Service initiation: $75.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: 10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $75.00. b. After normal office hours: $100.00. Page 147 Item 15. Ordinance No. 2026-__, Page 4 (D) Multifamily dwellings, townhomes and other multitenant accounts served by one master meter will be billed a minimum water charge per unit equal to the 3/4" residential base rate and the minimum service charge for wastewater. The residential volumetric charges will apply as $9.02 at all volumes, except that winter averaging will not be applied to multifamily dwellings served by one master meter. (E) Out-of-town water service rates: Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $19.13 1" $31.88 1-1/2" $63.75 2" $101.93 3" $191.03 4" $318.38 6" $636.53 Volumetric Charge Rate per 1,000 Gallons (Effective October 15, 2026) 0—10,000 gallons $6.42 10,001—20,000 gallons $9.62 20,001-35,000 gallons $11.48 35,001+gallons $17.22 (F) Out-of-town residential wastewater service rates: (i) All residential accounts, effective October 1, 2020, minimum service charge: $42.60. (ii) Volumetric charge, effective October 1, 2020, $7.35 per 1,000 gallons. (iii) Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February. (G) Senior citizen water credit and storm drainage credit: Refer to chapter 13 utilities, section 13.07.008, senior affordability discount and penalty exemption. (4) Commercial and temporary hydrant meter service rates. (A) Commercial water service rates. Page 148 Item 15. Ordinance No. 2026-__, Page 5 Meter Size Minimum Service Charge (Effective October 15, 2026) 3/4" or smaller $16.42 1" $27.37 1-1/2" $54.73 2" $87.51 3" $164.01 Meter Size Minimum Service Charge (Effective October 15, 2026) 4" $273.34 6" $546.50 Volumetric Charge Rate per 1,000 Gallons (Effective October 15, 2026) 0—10,000 gallons $5.94 10,001—40,000 gallons $7.43 40,001—80,000 gallons $9.28 80,001+ $11.61 (B) Commercial wastewater service rates: (i) All commercial accounts, effective October 15, 2026, minimum service $51.34. (ii) Volumetric charge, effective October 15, 2026, $9.33 per 1,000 gallons. (C) Additional commercial service charges: (i) Service initiation: $100.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: 10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $75.00. b. After normal office hours: $100.00. (D) Out-of-town commercial water service rates: Page 149 Item 15. Ordinance No. 2026-__, Page 6 Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $19.13 1" $31.88 1-1/2" $63.75 2" $101.93 3" $191.03 4" $318.38 6" $636.53 Volumetric Charge Rate per 1,000 Gallons (Effective October 1,2020) 0—10,000 gallons $6.92 10,001—40,000 gallons $8.66 40,001—80,000 gallons $10.80 80,001+ $13.52 (E) Out-of-town commercial wastewater service rates: (i) All commercial accounts, effective October 1, 2020, minimum service $48.90. (ii) Volumetric charge, effective October 1, 2020, $8.88 per 1,000 gallons. (5) Irrigation service rates. (A) Irrigation water service rates: Meter Size Minimum Service Charge (Effective October 15, 2026) 3/4" or smaller $6.05 1" $9.97 1-1/2" $19.89 2" $31.73 3" $59.47 4" $99.06 6" $198.10 Volumetric Charge Rate per 1,000 Gallons (Effective October 15,2026) Page 150 Item 15. Ordinance No. 2026-__, Page 7 0—10,000 gallons $8.32 10,001—40,000 gallons $9.55 40,001—80,000 gallons $10.97 80,001+ $12.61 (B) Irrigation wastewater service rates: Irrigation accounts are not billed for wastewater services. Irrigation accounts are strictly for meters and water service dedicated solely to furnish water service to lawn sprinkler or irrigation systems, and do not directly receive wastewater services. (C) Additional irrigation service charges: (i) Service initiation: $75.00 commercial/$65.00 residential. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: 10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Out-of-town irrigation water service rates: Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $7.05 1" $11.63 1-1/2" $23.18 2" $36.98 3" $69.30 4" $115.43 6" $230.85 Volumetric Charge Rate per 1,000 Gallons (Effective October 5, 2025) 0—10,000 gallons $9.69 10,001—40,000 gallons $11.13 40,001—80,000 gallons $12.80 80,001+ $14.72 Page 151 Item 15. Ordinance No. 2026-__, Page 8 (6) Wastewater inflow prevention plan and enforcement fees. (A) Administrative fees. (i) Non-plugged wastewater lines and manholes under construction receiving inflow: a. First offense: $500 per connection per day. b. Second offense: $750 per connection per day. c. Third offense and subsequent: $1,000 per connection per day. (ii) Wastewater services plumbing open: a. First offense: $250 per connection per day. b. Second offense: $400 per connection per day. c. d. Third offense and subsequent: $500 per connection per day. (iii) Wastewater services open/broken: a. First offense: $100 per connection per day. b. Second offense and subsequent: $200 per connection per day. (B) Offenses will be reset January of even-numbered years. (C) Contesting violations: A customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Infrastructure Services within 15 business days after the date on the notice. The decision by the Executive Director of Development and Infrastructure Services is final and binding. (D) Unpaid assessed administrative fees related to violations of wastewater under the town plan shall incur late payment penalties and may result in termination of work.” SECTION 4 From and after the effective date of this Ordinance, existing Section XIV, “Public Works Fee Schedule,” is hereby repealed in its entirety and replaced with a new Section XIV, “Public Works Fee Schedule,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances to read as follows: “§ XIV. Public Works Fee Schedule. (a) Inspections. (1) Certificate of occupancy. (2) Initial inspection which includes the public works inspection of sidewalk, drive approach, curbs and gutter, water meter, meter box, right-of-way grading, sod and camera the wastewater service to the main line. This fee shall be paid when Page 152 Item 15. Ordinance No. 2026-__, Page 9 a building permit is sought. (3) First public works inspection. (A) First inspection: $50.00. (B) All fees paid prior to scheduling new inspection: Inspection requests are made the day before by 4:00 p.m. Public works will try to make most inspections within forty-eight (48) hours of receiving a request for the same. (4) Reinspection fee. (A) Second inspection: $50.00. (B) Third inspection: $75.00. (C) Fourth inspection: $100.00. (D) Fees will increase in $25.00 increments for each inspection thereafter. (b) Damages to meters/equipment. (Cost does not include water and sewer impact fees.) ⅝-inch PD $453.00 ¾-inch PD $525.00 1-inch PD $525.00 1-½-inch PD $1,057.00 2-inch PD $1,238.00 1-½-inch turbine (irrigation) $1,545.00 2-inch turbine (irrigation) $1,545.00 14 × 18-inch meter box $265.00 14 × 18-inch meter box & MTU $384.00 18 × 24-inch meter box $598.00 18 × 24-inch meter Box & MTU $717.00 Replace readable register $314.00 Replace damaged/unreadable register $1,025.00 Transmitter (MTU) $319.00 Transmitter (MTU) dual $0 3-inch turbine $2,614.00 4-inch turbine $2,948.00 6-inch turbine $5,325.00 3-inch compound $5.344.00 4-inch compound $6,586.00 6-inch compound $10,276.00 Larger meters on request (Amount TBD) Page 153 Item 15. Ordinance No. 2026-__, Page 10 Replace ⅝ & 1-inch meter, MTU register & box $1,009.00 Replace MTU, register & box $997.00 Replace ⅝ & 1-inch meter, register & box $644.00 Replace ⅝ & 1-inch meter, MTU & box $7090.00 Replace ⅝ & 1-inch meter & MTU $644.00 Replace ⅝ & 1-inch meter & box $590.00 Replace MTU & box small $384.00 Replace register & box $379.00 Replace ⅝ & 1-inch meter & register $470.00 Replace register & MTU $433.00 Replace unreadable register, MTU and small box $1,209.00 Replace unreadable register & MTU $1,144.00 (c) Fire hydrant meter fee. (1) Deposit (based upon approved condition): $2,060.00. (2) Relocate fire hydrant meter: $200.00. (3) Repair hydrant meter: (A) Repair fire hydrant meter: $478.00 (B) Repair fire hydrant backflow device: $430.00. (C) Repair hydrant broken collar: $350.00. (D) Repair hydrant meter valves: $655.00. (4) Replace hydrant meter: (A) Replace fire hydrant meter: $964.00. (B) Replace fire hydrant with backflow device: $2,647.00 (C) Replace fire hydrant meter adaptor: $318.00 (D) Replace backflow device on hydrant meter: $1,296.00 (d) Water/wastewater connection/tap fee. (1) Water (lots without existing water service line/meter box) (a) Water tap fee is based on water service line size, does not include other items such as, among other things, boring, impact fees, connection fees (see 2, below), pavement removal and replacement: Page 154 Item 15. Ordinance No. 2026-__, Page 11 (i) 1-inch water service: $2,217.77. (ii) 1-½-inch water service: $3,128.00. (iii) 2-inch water service: $3,675.00. (iv) 3-inch water service: $4,632.00 (v) 4-inch water service: $4,693.00. (vi) 6-inch water service: $4,976.00. (2) Water (lots with existing water service line/meter box). (A) Water connection fee is based on water meter size, does not include impact fees, and shall be paid when a building permit is sought: (i) ⅝-inch water meter: $572.00. (ii) ¾-inch water meter: $572.00. (iii) 1-inch water meter: $644.00. (iv) 1-½-inch water meter: $1,176.00. (v) 1-½-inch-inch water meter (turbine): $1,689.00. (vi) 2-inch water meter: $1,382.00. (vii) 2-inch water meter (turbine): $1,689.00. (3) Wastewater (lots without existing wastewater service line). (A) Wastewater tap size, does not include other items such as, among other things, boring, impact fees, connection fees (see 4, below), pavement removal and replacement: (i) 4-inch: $3,157.00. (ii) 6-inch: $6,339.00. (4) Wastewater (lots with existing wastewater service line). (A) Wastewater connection size does not include impact fees, and shall be paid when a building permit is sought: (i) 4-inch: $400.00. (ii) 6-inch: $400.00. (e) Meter moves. This work does not include additional items such as, among other things, bores, impact fees, grass replacement and pavement removal. The town does not relocate customer-side service. (1) 1-inch water service: $727.00. (2) 1-½-inch water service: $1,154.00. Page 155 Item 15. Ordinance No. 2026-__, Page 12 (3) 2-inch water service: $1,359.00. (f) Curbstop repair. (1) 1-inch water service: $441.00. (2) 1-½-inch water service: $880.00. (3) 2-inch water service: $1,060.00. (g) Callback or second time call. $102.00. (h) Accuracy testing. (1) Meter requested testing local: $379.00. (2) Meter requested testing outside: $497.00. (i) UTRWD connection fee. $500.00. (j) Returned check/insufficient funds fee. $35.00.” SECTION 5 From and after the effective date of this Ordinance, existing Section XVIII, “Backflow Prevention Plan and Enforcement Fees,” is hereby repealed in its entirety and replaced with a new Section XVIII, “Backflow Prevention Plan and Enforcement Fees,” of Appendix A, “Fee Schedule,” to the Town’s Code of Ordinances to read as follows: “§ XVIII. Backflow Prevention Plan and Enforcement Fees. The Town may elect to exercise the following administrative remedies for violations of the Town's Backflow Prevention Plan in lieu of pursuing criminal penalties against non-single family water account holders, such as business and professional parks, homeowners' associations, apartments, home builders, land developers, and entities other than customers residing at single family homes. (1) Administrative fees. The following administrative fees that will be assessed: (A) Backflow registration fee: $100.00. (B) Backflow test (per assembly): $35.00. (C) CSI fee: $25.00. (D) Public works fee: $50.00. (E) Retest (per device): $25.00. (2) Contesting violations. A non-single family water customer as defined above may request a hearing before a hearing officer(s) appointed by the Assistant Town Manager within fifteen (15) business days after the date on the Notice. The hearing officer(s) shall evaluate all information offered by the petitioner at the hearing. The customer shall bear the burden of proof to show why, by preponderance of the evidence, the administrative fee should not Page 156 Item 15. Ordinance No. 2026-__, Page 13 be assessed. The hearing officer(s) will render a decision in writing within three (3) business days of the conclusion of the hearing. A customer may appeal the decision from the hearing officer(s) in writing to the Assistant Town Manager within three (3) business days of the conclusion of the hearing. The decision by the Assistant Town Manager is final and binding. (3) Paying Assessed Fees. If, after the expiration of the fifteen (15) business days from the date on the Notice, the customer has not requested an administrative hearing to contest the assessment of an administrative fee or paid the administrative fee, the Town shall apply and charge the assessed administrative fee to the customer's next Town Utility Bill. (a) Unpaid assessed administrative fees related to violations of Backflow Prevention Plan restrictions under the Town Plan shall incur late payment penalties and may result in termination of water service.” SECTION 6 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 conf licting ordinances shall remain in full force and effect. SECTION 7 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 8 This Ordinance shall take effect and be in full force from and after its publication, as provided by the Revised Civil Statutes of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 8TH DAY OF SEPTEMBER, 2026. Page 157 Item 15. Ordinance No. 2026-__, Page 14 APPROVED: ________________________________ David F. Bristol, Mayor ATTEST: ___________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Page 158 Item 15. Town of Prosper, TX Downloaded from https://ecode360.com/PR6834 on 2026-07-16 Appendix A FEE SCHEDULE § I. Engineering services fees. § XIV. Public works fee schedule. § II. § III. Building permit/inspection fees. (Reserved) § XV. § XVI. § XVII. Sexually oriented businesses. Alarm systems. Water conservation and § IV. Sign-related fees. enforcement fees. § V. § VI. § VII. Development fees. Peddler's/solicitor's fee. Reconstruction of streets. § XVIII. § XIX. Backflow prevention plan and enforcement fees. FOG outreach and § VIII. Miscellaneous. § IX. Water and sewer rates. § X. Impact fees. § XI. Rates for collection of solid waste and recyclables. § XII. Municipal drainage utility system fee schedule. § XIII. Parks and recreation user fees. enforcement fees. § XX. Health and sanitation fees. § XXI. Multifamily registration and inspection fees. § XXII. Emergency medical services (EMS) rates. § XXIII. Fire department mitigation rates. § I. Engineering services fees. (a) Inspections: (1) The following engineering inspection fees are hereby adopted for 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 Page 159 Item 15. Town of Prosper, TX Downloaded from https://ecode360.com/PR6834 on 2026-07-16 § I PROSPER CODE § II Type Fee 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 third submittal (fourth 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. (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. (Ordinance 19-40, adopted 6/25/2019, Ordinance 19-68, adopted 9/10/2019, Ordinance 2022-73, adopted 11/8/2022; Ordinance 2023-59, § 2, adopted 9/12/2023; Ordinance 2025-47 adopted 9/16/ 2025; Ordinance 2026-08 adopted 2/10/2026) § II. Building permit/inspection fees. (a) The building permit and inspection fees as follows are hereby for various construction-type Page 160 Item 15. Town of Prosper, TX § II FEE SCHEDULE § II Downloaded from https://ecode360.com/PR6834 on 2026-07-16 projects in conjunction with, among others, residential, commercial and industrial structures prior to the start of construction. A determination of the valuation for any enclosed structure other than residential shall be determined at the discretion of the town. (1) Minimum building permit fees: $100.00. (2) Residential new construction: (A) Residential application fee: A nonrefundable application fee of $300.00 will be due at time of application for all new one-family dwellings, two-family dwellings, and townhomes. (B) Residential building permit fee: $1.00 per sq. ft. of gross square footage inclusive of garage patios, porches, etc. (3) Residential accessory buildings and carports: $0.75 per sq. ft. + $75.00. (4) Residential alteration or addition: $0.75 per sq. ft. + $75.00. (5) Residential roof repair or replacement: $100.00. (6) Swimming pools: (A) In ground: $300.00 permit fee. (B) Above ground: $100.00 permit fee. (C) Spas: $100.00. (7) Commercial (new construction, additions, alterations, and single trade permits for mechanical, electrical, and plumbing: (A) Commercial building application fee: A nonrefundable application fee of $300.00 shall be due at time of application for all new shells, commercial stand-alone buildings, alterations, remodels, additions, and finish outs. (B) Commercial building permit fee: $6.25 per $1,000 of valuation. The valuation shall be based upon the square foot construction cost per the most current ICC Building Valuation Data. The valuation is determined using the building gross area times the square foot construction cost. For shell only buildings deduct 20 percent of construction cost. For finish outs only, deduct 50 percent of the construction cost. (8) Certificate of occupancy: $100.00/$250.00 for a TCO valid for 90 days. (9) Contractor registration (except where such registration is prohibited by state law): $100.00 each. All contractors are required to register with the Town. Annual $100.00 registration fee. (10) After-hours inspections: $100.00 per inspection with a 2-hour minimum. (11) Demolition: $100.00 permit fee. (12) Fence: $100.00 per permit. No permit is needed if replacing less than 2 panels offence totaling less than 16' in length. Page 161 Item 15. Town of Prosper, TX § II PROSPER CODE § IV Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (13) Foundations/foundation repair: $100.00. (14) Lawn irrigation systems: $100.00 permit fee. The inspection must be done by a certified backflow tester and a report must be given to the building inspector. (15) Miscellaneous inspections: Backflow prevention, electrical, mechanical, and plumbing: $50.00 each. (16) Multifamily: One application is required per building: $9.375 per $1,000.00 valuation of project. (17) Re-inspection fee: (A) $50.00 for the first re-inspection. (B) $75.00 for the second re-inspection. (C) $100.00 for the third re-inspection. (D) Fees will increase on a basis of $25.00 each thereafter. (18) Concrete flatwork including sidewalks, approaches and patios: $100.00 per permit. (19) Temporary outdoor seasonal sale or special event permit: $100.00 permit fee + $1,000.00 deposit. (20) Construction trailer: $100.00. (21) Residential solar and generators permit: $150.00. (22) Revision/restamp fee and fee for multiple round plan review (starting after second round): $100.00 per hour with a 2-hour minimum. (23) Residential single-trade permits for mechanical, electrical or plumbing: $100.00. (b) Third-party geotechnical and material testing fee. The Town shall hire and manage third-party geotechnical and material testing companies for any project where such testing is deemed necessary and proper by the town. The town shall be reimbursed by the developer for the town's actual costs for such geotechnical and material testing. (c) Camera inspection fee for wastewater mains. Prior to the town's acceptance of any wastewater main, the town shall inspect the wastewater main by camera. The fee for such inspection shall be $1.00 per linear foot of wastewater main. (d) Expired permits will be charged 50% of the original fee to reactivate for 30 days. (e) No refunds will be issued for permits under $350.00 or for plan reviews. For all other permits, 75% of inspection fees only if requested before the permit expires and no work has begun. (Ordinance 2023-59, § 2, adopted 9/12/2023; Ordinance 2025-47 adopted 9/16/2025) § III. (Reserved)1 1. Editor's note — Former § II, which pertained to electrical permit fees and derived from Ordinance 15-57, adopted 9/22/2015, was repealed 11/8/2022 by Ordinance 2022-73. Page 162 Item 15. Town of Prosper, TX § IV FEE SCHEDULE § V Downloaded from https://ecode360.com/PR6834 on 2026-07-16 § IV. Sign-related fees. (a) Any sign permit: $100.00. (b) Special purpose sign district application: $2,500.00. (c) Petition for waiver: $500.00. (Ordinance 18-75, § 3, adopted 9/25/2018; Ordinance 2022-73, § 5, adopted 11/8/2022; Ordinance 2025-47 adopted 9/16/2025) § V. Development fees. The following development fees are hereby and shall be applied in accordance with the procedures established by the town's Subdivision Ordinance, as it exists or may be amended. (1) Development fees. (A) Zoning change — standard: $2,000.00 + $30.00/acre or portion thereof; due at application. (B) Zoning change — planned development: $2,500.00 + $30.00/acre or portion thereof; due at application. (C) Specific use permit: $700.00 + $50.00/acre or portion thereof; due at application. (D) Variance through board of adjustment or construction board of appeals: $500.00; due at application. (E) Miscellaneous applications: $100.00; due at application. (F) Facade plan: $200.00 + $50.00 per building. (G) Zoning verification letter: $50.00; due at application. (H) Preliminary site plan: $500.00 + $50.00/acre or portion thereof; due at application. (I) Site plan: $500.00 + $50.00/acre or portion thereof; due at application. (J) Site plan and plat extensions: $500.00. (K) Annexation/disannexation application: $1,000.00; due at application. (L) Preliminary plat: (i) Single family: $500.00 + $25.00 per lot. (ii) Non-residential: $500.00 + $25.00 per acre. (M) Final plat: (i) Residential: $600.00 + $25.00 per lot (includes all lots, such as HOA lots). (ii) Multi-family: $600.00 + $25.00 per unit. (iii) Non-residential: $600.00 + $25.00 per acre. (N) Amended plat: Page 163 Item 15. Town of Prosper, TX § V PROSPER CODE § VII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (i) Single family: $450.00. (ii) Multi-family: $450.00 plus $10.00 per unit. (iii) Non-residential: $450.00. (O) Minor plat: $400.00; due at application. (P) Property owner notifications: $100.00 + $5.00 for each mailed notification over 10. (Q) Alcoholic beverage sales distance variance: $500.00. (R) Development agreement: $500.00. (S) Conveyance plat: $600.00 + $10.00 per lot. (T) Replat: (i) Single-family: $600.00 + $25.00 per lot. (ii) Multi-family: $600.00 + $10.00 per unit. (iii) Non-residential: $600.00 + $25.00 per acre. (2) Other fees. (A) Landscaping inspection: $100.00 for initial fee. $200 on 3rd inspection and any additional inspection. (B) Landscape plan fee: $200.00. (C) Open space plan fee: $100.00. (D) Comprehensive plan amendment: $300.00. (E) HOA/POA document review fee: $500.00. (F) Parkland dedication fees: One acre of land at market value as determined by the appropriate Central Appraisal District website/30 units, or 5% of total acreage, whichever is greater. (G) Park improvement fees: $2,250.00/single-family unit; $3,500.00/multi-family unit. (Ordinance 15-57, adopted 9/22/2015; Ordinance 16-53, adopted 9/13/2016; Ordinance 19-68, § 2, adopted 9/10/2019; Ordinance 2022-73, § 6, adopted 11/8/2022; Ordinance 2022-77, § 2, adopted 12/ 13/2022; Ordinance 2025-47 adopted 9/16/2025; Ordinance 2026-08 adopted 2/10/2026) § VI. Peddler's/solicitor's fee. (a) The following peddler's/solicitor's is hereby adopted, and each itinerant merchant, peddler, vendor or itinerant taking orders for sale or offering of any items or service will pay such fee in addition to complying with article 4.03 of the Code of Ordinances, as it exists or may be amended, prior to solicitation. (b) Each itinerant merchant, peddler, vendor or itinerant taking orders for sale or offering of any items or service will pay a fee of $25.00 to the town prior to solicitation. (Ordinance 15-57, adopted 9/22/2015) Page 164 Item 15. Town of Prosper, TX § VII FEE SCHEDULE § VIII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 § VII. Reconstruction of streets. The following reconstruction of streets fees are hereby adopted. The fee per square foot for reconstruction materials accomplished by the town under the provisions of the town's Subdivision Ordinance No. 03-05, as it exists or may be amended, shall be: (1) For streets in existing residential areas which have been improved, i.e., some base and/or asphalt regardless of existing condition: $0.50 per square foot. (2) For streets in existing residential areas which are completely unimproved, i.e., no asphalt or oil base material and little or no rock or paving material: $0.60 per square foot. (3) For streets in new residential areas or nonresidential areas of new development: $2.50 per square foot. (Ordinance 15-57, adopted 9/22/2015) § VIII. Miscellaneous. The following miscellaneous fees are hereby adopted: (1) Copies: $0.20 per page. (2) Faxes: (A) First page: $2.00. (B) Additional pages: $1.50. (3) Land use maps: $7.50. (4) Ordinances: (A) Subdivision: $35.00. (B) Zoning: $45.00. (5) Returned check/insufficient funds fee: $25.00$35.00. (6) Service charge: A service charge in an amount equivalent to that charged for the collection of a check drawn on an account with insufficient funds is hereby established to be charged by the town if, for any reason, a payment by credit card, ACH, debit payment, or automatic draft, is not honored by the entity from which the funds are drawn. (7) Processing or handling fee: A processing or handling fee of three percent (3%) is hereby established to be charged by the town at the point of sale for processing or handling each time a credit card or debit card is used to pay a utility bill. For the purposes of this article, a utility bill includes those charges commonly found on a town utility bill, including but not limited to charges associated with water, sewer, trash, storm drainage and optional donations. A processing or handling fee of four percent (4%) is hereby established to be charged by the town at the point of sale for processing or handling each time a credit card or debit card is used to pay all other municipal fees, fines, court costs or other charges. The Town Council finds that said amounts are reasonably related to the expense incurred by the town in processing or handling the credit card payment. (8) Notary fees: Page 165 Item 15. Town of Prosper, TX § VIII PROSPER CODE § IX Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (A) First signature: $5.00. (B) Each additional signature: $1.00. (9) Library fees: (A) Effective June 26, 2018, there shall be no fines for overdue books, DVDs or other library materials. Late fees and fines incurred prior to that date may be paid by food donations (as determined by the Library Director) through July 12, 2018, and thereafter, all library accounts shall be locked until paid in full. (B) Effective July 28, 2018, a library card shall cost $50.00 for any nontown resident. (C) Effective October 15, 2026 A 3D printing charge shall be assessed at $1.000.30 per hourgram. (C)(D) Effective October 15, 2026 A Print/copy fee of $0.15 per side (Black & White) and $0.50 per side (Color). (10) Alcohol permit fees: Refer to chapter 4 business regulations, article 4.02 alcoholic beverages. (11) Abatement administrative fee: $250.00. (11)(12) 68-A Inspection Fee: $40.00 (Ordinance 15-57, adopted 9/22/2015; Ordinance 18-42, adopted 6/26/2018; Ordinance 2022-73, § 7, adopted 11/8/2022; Ordinance 2025-47 adopted 9/16/2025) § IX. Water and sewer rates. Please refer to chapter 13 utilities, article 13.07 utility bills, for additional information on the town's utility billing policies. (1) Late fees. (A) All utility bill payments are due by the 10th day from the date of the bill except when the tenth day falls on Saturday, Sunday or legal holiday under which condition they are due by 5:00 p.m. central time on the next working day. (B) All payments made after the tenth (10th) day will bear a late fee, as set forth as follows, of the unpaid balance of the billed amount. (2) Water and/or sewer connections.The town may extend water and sanitary sewer mains in the streets, alleys and utility easements in the town in order to permit connections for those persons desiring water and sewer service. The individual, corporation or partnership requesting the service shall pay the town an amount equal to the cost of all materials, labor, equipment and other costs to provide the requested extension. At any time additional connections are made to the water and/or sewer mains, the town may collect from the individual connecting to the main(s) an amount equal to the proportional amount of footage of the connector's land abutting the sewer and/or water and repay the same to the original requestor(s) of service or designated recipients. (3) Residential service rates. (A) Residential water service rates: Page 166 Item 15. Town of Prosper, TX § IX FEE SCHEDULE § IX Downloaded from https://ecode360.com/PR6834 on 2026-07-16 Meter Size Minimum Service Charge (Effective October 15, 20265) 3/4" or smaller $16.4214.41 1" $227.374.02 1-1/2" $54.7348.03 2" $87.5176.80 3" $164.01143.93 4" $273.34239.88 6" $546.50479.60 Volumetric Charge Rate per 1,000 Gallons (Effective October 15, 20265) 0—10,000 gallons $5.504.83 10,001—20,00040,000 gallons $7.987.23 40,001—80,00020,001-35,000 gallons $9.9810.86 35,00180,001+gallons $14.9716.28 (B) Residential wastewater service rates: (i) All residential accounts, effective October 15, 20256, minimum service charge: $44.7237.91. (ii) Volumetric charge, effective October 15, 20265, $7.716.54 per 1,000 gallons. (iii) Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February. (C) Additional residential service charges: (i) Service initiation: $65.00$75.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: $10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00$75.00. b. After normal office hours: $75.00$100.00. (D) Multifamily dwellings, townhomes and other multitenant accounts served by one master meter will be billed a minimum water charge per unit equal to the 3/4" residential base rate and the minimum service charge for wastewater. The residential volumetric charges will apply as $9.027.92 at all volumes, except that winter averaging will not be applied to multifamily dwellings served by one master meter. Page 167 Item 15. Town of Prosper, TX § IX PROSPER CODE § IX Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (E) Out-of-town water service rates: Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $19.13 1" $31.88 1-1/2" $63.75 2" $101.93 3" $191.03 4" $318.38 6" $636.53 Volumetric Charge Rate per 1,000 Gallons (Effective October 15, 20260) 0—10,000 gallons $6.42 10,001—20,00040,000 gallons $9.62 20,001-35,00040,001—80,000 gallons $11.4814.45 35,00180,001+gallons $17.2221.66 (F) Out-of-town residential wastewater service rates: (i) All residential accounts, effective October 1, 2020, minimum service charge: $42.60. (ii) Volumetric charge, effective October 1, 2020, $7.35 per 1,000 gallons. (iii) Wastewater volumetric charges on residential accounts are billed on the winter average consumption during the months of December, January and February. (G) Senior citizen water credit and storm drainage credit: Refer to chapter 13 utilities, section 13.07.008, senior affordability discount and penalty exemption. (4) Commercial and temporary hydrant meter service rates. (A) Commercial water service rates. Meter Size Minimum Service Charge (Effective October 15, 20265) 3/4" or smaller $16.4214.41 1" $27.3724.02 1-1/2" $54.7348.03 2" $87.5176.80 3" $164.01143.93 Page 168 Item 15. Town of Prosper, TX § IX FEE SCHEDULE § IX Downloaded from https://ecode360.com/PR6834 on 2026-07-16 Meter Size Minimum Service Charge (Effective October 15, 20265) 4" $273.34239.88 6" $546.50479.60 Volumetric Charge Rate per 1,000 Gallons (Effective October 15, 20265) 0—10,000 gallons $5.945.21 10,001—40,000 gallons $7.436.52 40,001—80,000 gallons $9.288.14 80,001+ $11.6110.18 (B) Commercial wastewater service rates: (i) All commercial accounts, effective October 15, 20265, minimum service $51.3443.52. (ii) Volumetric charge, effective October 15, 20265, $9.337.91 per 1,000 gallons. (C) Additional commercial service charges: (i) Service initiation: $75.00$100.00. (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: $10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00$75.00. b. After normal office hours: $75.00$100.00. (D) Out-of-town commercial water service rates: Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $19.13 1" $31.88 1-1/2" $63.75 2" $101.93 3" $191.03 4" $318.38 6" $636.535 Page 169 Item 15. Town of Prosper, TX § IX PROSPER CODE § IX Downloaded from https://ecode360.com/PR6834 on 2026-07-16 Volumetric Charge Rate per 1,000 Gallons (Effective October 1,2020) 0—10,000 gallons $6.92 10,001—40,000 gallons $8.66 40,001—80,000 gallons $10.80 80,001+ $13.52 (E) Out-of-town commercial wastewater service rates: (i) All commercial accounts, effective October 1, 2020, minimum service $48.90. (ii) Volumetric charge, effective October 1, 2020, $8.88 per 1,000 gallons. (5) Irrigation service rates. (A) Irrigation water service rates: Meter Size Minimum Service Charge (Effective October 15, 20265) 3/4" or smaller $6.055.31 1" $9.978.75 1-1/2" $19.8917.46 2" $31.7327.85 3" $59.4752.20 4" $99.0686.94 6" $198.10173.87 Volumetric Charge Rate per 1,000 Gallons (Effective October 15,20265) 0—10,000 gallons $8.327.30 10,001—40,000 gallons $9.558.38 40,001—80,000 gallons $10.979.63 80,001+ $12.6111.07 (B) Irrigation wastewater service rates: Irrigation accounts are not billed for wastewater services. Irrigation accounts are strictly for meters and water service dedicated solely to furnish water service to lawn sprinkler or irrigation systems, and do not directly receive wastewater services. (C) Additional irrigation service charges: (i) Service initiation: $75.00 commercial/$65.00 residential. Page 170 Item 15. Town of Prosper, TX § IX FEE SCHEDULE § IX Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (ii) Transfer fees: $20.00. (iii) Meter accuracy rereads: $15.00. (iv) Late fees: 10% of billed amount. (v) Turn offs/reconnects: a. During normal office hours: $50.00. b. After normal office hours: $75.00. (D) Out-of-town irrigation water service rates: Meter Size Minimum Service Charge (Effective October 1, 2020) 3/4" or smaller $7.05 1" $11.63 1-1/2" $23.18 2" $36.98 3" $69.30 4" $115.43 6" $230.85 Volumetric Charge Rate per 1,000 Gallons (Effective October 5, 2025) 0—10,000 gallons $9.69 10,001—40,000 gallons $11.13 40,001—80,000 gallons $12.80 80,001+ $14.72 (6) Wastewater inflow prevention plan and enforcement fees. (A) Administrative fees. (i) Non-plugged wastewater lines and manholes under construction receiving inflow: a. First offense: $500 per connection per day. b. Second offense: $750 per connection per day. c. Third offense and subsequent: $1,000 per connection per day. (ii) Wastewater services plumbing open: a. First offense: $250 per connection per day. b. Second offense: $400 per connection per day. Page 171 Item 15. Town of Prosper, TX § IX PROSPER CODE § XII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 c. Third offense and subsequent: $500 per connection per day. (iii) Wastewater services open/broken: a. First offense: $100 per connection per day. b. Second offense and subsequent: $200 per connection per day. (B) Offenses will be reset January of even-numbered years. (C) Contesting violations: A customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Infrastructure Services within 15 business days after the date on the notice. The decision by the Executive Director of Development and Infrastructure Services is final and binding. (D) Unpaid assessed administrative fees related to violations of wastewater under the town plan shall incur late payment penalties and may result in termination of work. (Ordinance 19-68, § 3, adopted 9/10/2019; Ordinance 2020-73, § 3, adopted 9/8/2020; Ordinance 2024-63 adopted 9/10/2024; Ordinance 2025-46 adopted 9/16/2025) § X. Impact fees. Any and all impact fees assessed shall be in accordance with the town's impact fee ordinance in article 10.02 of this code, as it exists or may be amended. (Ordinance 15-57, adopted 9/22/2015; Ordinance 2025-47 adopted 9/16/2025) § XI. Rates for collection of solid waste and recyclables. Solid waste collection rates are based on contractual obligations entered between the Town and the Town's solid waste provider, and are available on the Town's website. (Ordinance 17-05, adopted 1/10/2017; Ordinance 2020-73, § 2, adopted 9/8/2020) § XII. Municipal drainage utility system fee schedule. (a) The following fees are hereby established and shall be collected through the town's bill for public utilities pursuant to the Municipal Drainage Utility Systems Act and other applicable law. Fees shall be based on a property's impact on the town's drainage utility system. Impact shall be based on the parcel size for residential property and the impervious area for all other nonexempt property. Ten percent (10%) of the area of the public streets and sidewalks on a property shall count towards that property's impervious area. The drainage utility fees shall be established according to the following schedule on a monthly basis: Property Type Parcel Size (sq. ft.) Fees/Rates Single-family residential Tier 1 <10,000 $4.00 Tier 2 > 10,000 $6.15 All other nonexempt property: $2.00 per 1,000 square feet of impervious area; the minimum fee shall be $2.75 per property Page 172 Item 15. Town of Prosper, TX § XII FEE SCHEDULE § XIII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (b) The following shall not be assessed a drainage utility system fee: (1) Property held and maintained in its natural state, until such time that the property is developed and all of the public infrastructure constructed has been accepted by the town in which the property is located for maintenance. (2) A subdivided lot, until a structure has been built on the lot and a certificate of occupancy has been issued by the town. (3) State property. (4) Public or private institutions of higher education property. (5) Town property. (c) All billings, credits, exemptions, rules, and other procedures relating to this drainage fee shall be subject to the provisions of V.T.C.A., Local Government Code, § 402.041 et seq., and shall specifically include the following: (1) There shall be a charge on each monthly utility statement for the municipal drainage utility system pursuant to Ordinance No. 07-71 and as authorized herein. The town manager or his designee is authorized to collect such charges in a manner consistent with the town charter and state law. The drainage fee will be a separate line item on the utility statement and shall be clearly identified as a separate charge. (2) Except as otherwise provided herein, billing, charges and collection procedures shall be consistent with that for the water and sewer services. (3) Drainage charges shall be identified separately on the utility billing. Billing shall be consistent with V.T.C.A., Local Government Code, § 402.048, as it exists or may be amended. (4) Delinquent charges shall be collected in a manner consistent with V.T.C.A., Local Government Code, § 402.050, as it exists or may be amended and other applicable law. (5) The town manager or his designee(s) may, from time to time, adopt rules for the administration of the drainage charge. (Ordinance 15-57, adopted 9/22/2015; Ordinance 17-68, § 5, adopted 9/12/2017; Ordinance 2025-47 adopted 9/16/2025) § 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. Page 173 Item 15. Town of Prosper, TX § XIII PROSPER CODE § XIII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (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 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. (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 user fees. Number of Participants Resident Rate Nonresident Rate Refundable Deposit 1 to 50 $50.00 $500.00 $100.00 51 to 100 $75.00 $500.00 $100.00 100+ $100.00 $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% 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- Page 174 Item 15. Town of Prosper, TX § XIII FEE SCHEDULE § XIII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 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. (iii) Deposit per field: $100.00. (iv) Minimum fee for tournaments: $1,250.00. (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: $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. Page 175 Item 15. Town of Prosper, TX § XIII PROSPER CODE § XIV Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (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. (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. (Ordinance 18-75, § 4, adopted 9/25/2018; Ordinance 22-11, § 2, adopted 3/8/2022; Ordinance 2025-47 adopted 9/16/2025; Ordinance 2026-08 adopted 2/10/2026) § XIV. Public works fee schedule. (a) Inspections. (1) Certificate of occupancy. (1)(2) Initial inspection which includes the public works inspection of sidewalk, drive approach, curbs and gutter, water meter, meter box, right-of-way grading, sod and camera the wastewater service to the main line. This fee shall be paid when a building permit is sought. (2)(3) First public works inspection. (A) First inspection: $50.00. (B) All fees paid prior to scheduling new inspection: Inspection requests are made the day Page 176 Item 15. Town of Prosper, TX § XIV FEE SCHEDULE § XIV Downloaded from https://ecode360.com/PR6834 on 2026-07-16 before by 4:00 p.m. Public works will try to make most inspections within forty-eight (48) hours of receiving a request for the same. (3)(4) Reinspection fee. (A) Second inspection: $50.00. (B) Third inspection: $75.00. (C) Fourth inspection: $100.00. (D) Fees will increase in $25.00 increments for each inspection thereafter. (b) Damages to meters/equipment.(Cost does not include water and sewer impact fees.) ⅝-inch PD $245453.00 ¾-inch PD $335525.00 1-inch PD $335525.00 1-½-inch PD $6381,057.00 2-inch PD $1,238767.00 1-½-inch turbine (irrigation) $1,545869.00 2-inch turbine (irrigation) $1,545916.00 14 × 18-inch meter box $26500.00 14 × 18-inch meter box & MTU $38460.00 18 × 24-inch meter box $598383.00 18 × 24-inch meter Box & MTU $717425.00 Replace readable register $314250.00 Replace damaged/unreadable register $1,025747.00 Transmitter (MTU) $319374.00 Transmitter (MTU) dual $0 3-inch turbine $2,6141,636.00 4-inch turbine $2,948136.00 6-inch turbine $5,3253,627.00 3-inch compound $5.3444,975.00 4-inch compound $6,5865,600.00 6-inch compound $10,2767,636.0 0 Larger meters on request (Amount TBD) Replace ⅝ & 1-inch meter, MTU register & box $1,009711.00 Replace MTU, register & box $997511.00 Replace ⅝ & 1-inch meter, register & box $644596.00 Replace ⅝ & 1-inch meter, MTU & box $7095906.00 Page 177 Item 15. Town of Prosper, TX § XIV PROSPER CODE § XIV Downloaded from https://ecode360.com/PR6834 on 2026-07-16 Replace ⅝ & 1-inch meter & MTU $64445 8.00 Replace ⅝ & 1-inch meter & box $59036 8.00 Replace MTU & box small $38420. 00 Replace register & box $31579. 00 Replace ⅝ & 1-inch meter & register $47070. 00 Replace register & MTU $36343 3.00 Replace unreadable register, MTU and small box $8401,2 09.00 Replace unreadable register & MTU $1,1440 (c) Fire hydrant meter fee. (1) Deposit (based upon approved condition): $2,0601,819.00. (2) Relocate fire hydrant meter: $20084.00. (3) Repair hydrant meter: (A) Replace fire hydrant with register: $1,980.00.Repair fire hydrant meter: $478.00 (B) (C) Repair hydrant meter RPZ: $657.00. (D)(C) Replace backflow on hydrantRepair fire hydrant backflow device: $4301,012.00. (E)(D) Repair hydrant broken collar: $224350.00. (E) Repair hydrant meter valves: $655275.00. (F) (4) Replace hydrant meter: (A) Replace fire hydrant meter: $9624.00. (B) Replace fire hydrant with backflow device: $2,647.00 (C) Replace fire hydrant meter adaptor: $318.00 (G)(D) Replace backflow device on hydrant meter: $1,296.00 (d) Water/wastewater connection/tap fee. (1) Water (lots without existing water service line/meter box) Page 178 Item 15. Town of Prosper, TX § XIV PROSPER CODE § XIV Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (a) Water tap fee is based on water service line size, does not include other items such as, among other things, boring, impact fees, connection fees (see 2, below), pavement removal and replacement: (i) 1-inch water service: $1,610.002,217.77. (ii) 1-½-inch water service: $2,7453,128.00. (iii) 2-inch water service: $3,675.00. (iii)(iv) 3-inch water service: $4,632.00 (iv)(v) 4-inch water service: $1,9564,693.00. (v)(vi) 6-inch water service: $2,0264,976.00. (2) Water (lots with existing water service line/meter box). (A) Water connection fee is based on water meter size, does not include impact fees, and shall be paid when a building permit is sought: (i) ⅝-inch water meter: $475572.00. Page 179 Item 15. Town of Prosper, TX § XIV FEE SCHEDULE § XIV Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (ii) ¾-inch water meter: $660572.00. (iii) 1-inch water meter: $575644.00. (iv) 1-½-inch water meter: $8751,176.00. (v) 1-½-inch-inch water meter (turbine): $1,1251,689.00. (vi) 2-inch water meter: $1,000382.00. (vii) 2-inch water meter (turbine): $1,075689.00. (3) Wastewater (lots without existing wastewater service line). (A) Wastewater tap size, does not include other items such as, among other things, boring, impact fees, connection fees (see 4, below), pavement removal and replacement: (i) 4-inch: $1,6123,157.00. (ii) 6-inch: $1,8406,339.00. (4) Wastewater (lots with existing wastewater service line). (A) Wastewater connection size does not include impact fees, and shall be paid when a building permit is sought: (i) 4-inch: $400.00. (ii) 6-inch: $400.00. (e) Meter moves. This work does not include additional items such as, among other things, bores, impact fees, grass replacement and pavement removal. The town does not relocate customer-side service. (1) 1-inch water service: $675727.00. (2) 1-½-inch water service: $9981,154.00. (3) 2-inch water service: $1,157359.00. (f) Curbstop repair. (1) 1-inch water service: $42641.00. (2) 1-½-inch water service: $77880.00. (3) 2-inch water service: $8751,060.00. (g) Callback or second time call. $102.00. (h) Accuracy testing. (1) Meter requested testing local: $379.00. (2) Meter requested testing outside: $497.00. (i) UTRWD connection fee. $500.00. Page 180 Item 15. Town of Prosper, TX § XIV PROSPER CODE § XVII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (j) Returned check/insufficient funds fee. $25.00$35.00. (Ordinance 15-57, adopted 9/22/2015; Ordinance 17-68, § 6, adopted 9/12/2017; Ordinance 2022-73, § 8, adopted 11/8/2022; Ordinance 2022-77, § 3, adopted 12/13/2022) § XV. Sexually oriented businesses. (a) Application and investigation fee: $700.00 (nonrefundable). (b) Annual license renewal fee: $350.00 (nonrefundable). (c) Employee license, whether for a new license or for renewal of an existing license, annual fee: $75.00 (nonrefundable application, investigation, and license fee). (d) All license applications and fees shall be submitted to the town secretary, or its designee. (Ordinance 15-57, adopted 9/22/2015) § XVI. Alarm systems. (a) Annual, permit or renewal fee (nonrefundable). (1) Private residence: $50.00. (2) Business: $100.00. (b) False alarms service charge (preceding 12-month period). (1) Fee for each false burglar alarm: (A) More than three but fewer than six: $50.00. (B) More than five but fewer than eight: $75.00. (C) Eight or more: $100.00. (2) Each false robbery/panic/duress alarm service charge: (A) More than three but fewer than eight: $75.00. (B) Eight or more: $100.00. (Ordinance 15-57, adopted 9/22/2015; ; Ordinance 2025-30 adopted 7/22/2025) § XVII. Water conservation and enforcement fees. (a) Administrative fees. Administrative fees for violations to the town's water conservation and water resource and emergency management plan shall be added to water account holder's regular monthly town utility bill as follows: (1) First offense: Courtesy tag warning. (2) Second offense: Certified letter notifying of violation. (3) Third offense and subsequent offenses: $100.00. (4) Fourth offense and subsequent offenses: $300.00. (b) Contesting violations. Page 181 Item 15. Town of Prosper, TX § XVII FEE SCHEDULE § XVIII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (1) A water customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Infrastructure Services within fifteen (15) business days after the date on the notice. The hearing officer(s) shall evaluate all information offered by the petitioner at the hearing. The customer shall bear the burden of proof to show why, by preponderance of the evidence, the administrative fee should not be assessed. The hearing officer(s) shall render a decision in writing within three (3) business days of the conclusion of the hearing. A customer may appeal the decision from the hearing officer(s) in writing to the Executive Director of Infrastructure Services within three (3) business days from the receipt of the written appeal. The decision by the Executive Director of Infrastructure Services is final and binding. (2) Unpaid assessed administrative fees related to violations of water use restrictions under the town plan shall incur late payment penalties and may result in termination of water service. (Ordinance 19-21, adopted 4/23/2019) § XVIII. Backflow prevention plan and enforcement fees. The Town may elect to exercise the following administrative remedies for violations of the Town's Backflow Prevention Plan in lieu of pursuing criminal penalties against non-single family water account holders, such as business and professional parks, homeowners' associations, apartments, home builders, land developers, and entities other than customers residing at single family homes. (1) Administrative fees. The following administrative fees that will be assessed: (A) Backflow registration fee: $100.00. (B) Backflow test (per assembly): $325.00. (C) CSI fee: $25.00. (D) Public works fee: $50.00. (E) Retest (per device): $25.00. (2) Contesting violations. A non-single family water customer as defined above may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Community ServicesAssistant Town Manager within fifteen (15) business days after the date on the Notice. The hearing officer(s) shall evaluate all information offered by the petitioner at the hearing. The customer shall bear the burden of proof to show why, by preponderance of the evidence, the administrative fee should not be assessed. The hearing officer(s) will render a decision in writing within three (3) business days of the conclusion of the hearing. A customer may appeal the decision from the hearing officer(s) in writing to the Executive Director of Development and Community ServicesAssistant Town Manager within three (3) business days of the conclusion of the hearing. The decision by the Executive Director of Development and Community ServicesAssistant Town Manager is final and binding. (3) Paying Assessed Fees. If, after the expiration of the fifteen (15) business days from the date on the Notice, the customer has not requested an administrative hearing to contest the assessment of an administrative fee or paid the administrative fee, the Town shall apply and charge the assessed administrative fee to the customer's next Town Utility Bill. (a) Unpaid assessed administrative fees related to violations of Backflow Prevention Plan Page 182 Item 15. Town of Prosper, TX § XVIII PROSPER CODE § XX Downloaded from https://ecode360.com/PR6834 on 2026-07-16 restrictions under the Town Plan shall incur late payment penalties and may result in termination of water service. (Ordinance 15-57, adopted 9/22/2015; Ordinance 16-76, adopted 12/13/2016; Ordinance 2022-73, § 10, adopted 11/8/2022; Ordinance 2023-72, § 3, adopted 10/24/2023) § XIX. FOG outreach and enforcement fees. (a) Administrative fees. (1) Administrative fees for violations of the town's FOG outreach plan shall be added to a wastewater account holder's regular monthly town utility bill, or billed to the generator, as follows: (A) First offense: Certified letter with five (5) days to comply. (B) Second offense: $1,000.00. (C) Third offense: $1,500.00. (D) Fourth and subsequent offenses: Increase of $500.00 with each violation. (2) Unpaid assessed administrative fees related to violations of the FOG outreach plan shall incur late payment penalties and may result in termination of services. (b) Contesting violations.A customer may request a hearing before a hearing officer(s) appointed by the Executive Director of Development and Community Services within fifteen (15) business days after the date on the notice. The hearing officer(s) shall evaluate all information offered by the customer at the hearing. The customer shall bear the burden of proof to show why, by preponderance of the evidence, the administrative fee should not be assessed. The hearing officer(s) shall render a decision in writing within three (3) business days of the conclusion of the hearing. A customer may appeal the decision from the hearing officer(s) in writing to the Executive Director of Development and Community Services within three (3) business days from the receipt of the decision by the hearing officer(s). In the written appeal, the customer shall provide the factual basis for the appeal and describe why the decision of the hearing officer(s) is not supported by the evidence. The Executive Director of Development and Community Services shall promptly review the appeal, and the decision by the Executive Director of Development and Community Services is final and binding. (Ordinance 16-22, adopted 3/22/2016) § XX. Health and sanitation fees. (a) Food establishment permit and inspection fees. (1) Restaurant: $450.00/year (includes two inspections per year). (2) Convenience store: $400.00/year. (3) Liquor store: $400.00/year. (4) Micro markets (self-checkout kiosks): $275.00/year. (5) Grocery store: $700.00/year. (6) Mobile food establishment (hot): $400.00/year. Page 183 Item 15. Town of Prosper, TX § XX FEE SCHEDULE § XXI Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (7) Mobile food establishment (cold): $300.00/year. (8) Ice cream truck: $250.00/year. (9) Temporary food establishment: $52.00 for a maximum of fourteen (14) days. (10) Concession stand: $50.00/season. (11) Independent school district-owned food establishment: No fee. (12) Private school food establishment: $350/year. (b) Certain food establishment inspection fees. (1) Reinspection: $200.00/inspection. (2) Investigative or complaint-based inspection: $150.00/inspection (if the inspection is deemed to not have been warranted, the fee may be waived at the sole discretion of the regulatory authority). (c) Plan review of new or extensively remodeled food establishment fee.$200.00. (d) Public/semi-public swimming pool or spa permit and inspection fee.$300.00. For the purpose of this section, a semi-public swimming pool or spa is a swimming pool or spa which is privately owned and open only to an identifiable class of persons including but not limited to hotel guests, residents of a multifamily dwelling complex, members of a homeowners' or property owners' association, fitness facility or club members. (e) Proration of annual fees. (1) The cost of any annual fee referenced in subsection (a), "Food establishment permit and inspection fees," due and owing on or before January 31, 2023, shall be prorated to expire on January 31, 2023. On February 1, 2023, and every February 1 thereafter, all such annual fees shall be due and owing. (2) Beginning on February 1, 2023, any annual fee referenced in subsection (a), "Food establishment permit and inspection fees," whose payment is one to five business days late shall be subject to a late payment penalty equal to 50 percent of the annual fee amount. Any such annual fee whose payment is more than five business days late shall be subject to a late payment penalty equal to 100 percent of the annual fee amount. (Ordinance 17-68, § 7, adopted 9/12/2017; Ordinance 18-75, § 5, adopted 9/25/2018; Ordinance 2022-17, § 2, adopted 4/26/2022; Ordinance 2022-73, § 9, adopted 11/8/2022; Ordinance 2025-47 adopted 9/16/2025) § XXI. Multifamily registration and inspection fees. (a) The landlord of a multifamily dwelling complex shall annually pay the town a fee which includes registration and inspection fees. (b) A fee of fifty dollars ($50.00) per dwelling unit with a minimum of two hundred dollars ($200.00) per year shall be submitted annually with the required registration form as provided by the town. (c) Annual registration or renewals postmarked or received after the identified deadline date shall be assessed an additional fee increase of: Page 184 Item 15. Town of Prosper, TX § XXI PROSPER CODE § XXIII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (1) Fifty percent (50%) if received within thirty (30) calendar days after the due date, (2) One hundred percent (100%) if received within thirty-one (31) to sixty (60) calendar days after the due date; or (3) One hundred percent (100%) if received more than sixty-one (61) days after the due date. (d) Cost of initial inspection and first reinspection: No fee. (e) Second reinspection if required: $150.00 per residential unit or per any other area of the multifamily complex. (f) Third and any subsequent reinspections if required: $300.00 per residential unit or per any other area of the multifamily complex. (Ordinance 18-110, adopted 12/11/2018; Ordinance 2025-47 adopted 9/16/2025) § XXII. Emergency medical services (EMS) rates. Definitions: Advanced Life Support (ALS). Basic Life Support (BLS). Advanced Life Support 2 (ALS-2). Advanced Life Support Disposable Items (ALSDI). Basic Life Support Disposable Items (BSLDI). (1) ALS: $1,600.00. (2) BLS: $1,400.00. (3) ALS-2: $1,800.00. (4) ALSDI: $400.00. (5) BLSDI: $350.00. (6) Mile (per each): $24.00. (7) Oxygen: $150.00. (Ordinance 2020-73, § 4, adopted 9/8/2020; Ordinance 2024-52 adopted 8/13/2024) § XXIII. Fire department mitigation rates. (a) Motor vehicle incidents. (1) Level 1 MVA - $602.00. Provide hazardous materials assessment and scene stabilization. This is the most common "billing level" and will occur most every time the fire department response to an accident/ incident. (2) Level 2 MVA - $687.00. Page 185 Item 15. Town of Prosper, TX § XXIII FEE SCHEDULE § XXIII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 Includes level 1 services as well as clean up and materials used for hazardous fluid clean up and disposal. We will bill at this level if the fire department must clean up any or other automotive fluids that are spilled because of the accident/incident. (3) Level 3 — Car fire - $838.00. Provide scene safety, fire suppression, breathing air, rescue tools, hand tools, hose, TIC use, foam, structure protection, and clean up gasoline or other automotive fluids that are spilled because of the accident/incident. (4) Level 4 — EV car fire - $838.00, plus cost of blanket. (5) Additional rates: (A) Engine: $554 per hour. (B) Truck: $693 per hour. (C) Chief officer: $347 per hour. (D) Miscellaneous equipment: $416. (E) Heavy extrication tools used: $1,811. (F) Creating landing zone: $553. (b) Hazmat. (1) Level 1 - $972. Basic response: Claim will include engine response, first responder assignment, perimeter establishment, evacuations, set-up and command. (2) Level 2 - $3,473. Intermediate response: Claim will include an engine response, first responder assignments, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set- up of command and decon center. PPE to include level A or B donning, breathing air and detection equipment. (3) Level 3 - $8,199. Advanced response: Claim will include an engine response, first responder assignments, hazmat certified team and appropriate equipment, perimeter establishment, evacuations, set- up of command and decon center. PPE to include level A or B donning, breathing air and detection equipment. Will include detection equipment, recovery and identification of materials, disposal and environmental cleanup, as well as the rate. Includes three hours of on scene time - each additional hour over, is billed at $366 per hour, per HAZMAT team. (4) Additional apparatus on scene (for all levels of service): (A) Engine billed at $554.00 per hour. (B) Truck billed at $693.00 per hour. (c) Fires. Page 186 Item 15. Town of Prosper, TX § XXIII PROSPER CODE § XXIII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 (1) Assignment: $554.00 per hour, per engine/$693.00 per hour, per truck. Includes: (A) Scene safety. (B) Investigation. (C) Fire/hazard control. Note: This is the most common "billing level" and will occur for the most common fire response. (2) Optional: The fire department has the option to bill each fire as an independent event with custom mitigation rates. (Itemized meaning, per person, at various pay levels and the products used.) (d) Fire investigation. (1) Fire Investigation Team - $554.00 per hour. (2) Services to include: (A) Scene safety. (B) Investigation. (C) Source identification. (D) K-9/arson dog unit. (E) Identification equipment. (F) Mobile detection unit. (G) Fire report. (3) The claim begins with the fire investigation responds to the incident and is billed for only the time logged. (e) Fire marshal/operations chief response. This includes the setup of command and providing direction of the incident. This could include operations, safety, and administration of the incident. (f) Illegal fires. (1) Assignment rates: (A) $554.00/hour per engine. (B) $693.00/hour per truck. (2) When a fire is started by any person(s) that requires the town fire department to respond during a time or season when fires are regulated or controlled by local or state rules, provisions, or ordinances because of pollution or fire danger concerns. The person(s) will be liable for the town fire department response as a cost, not to exceed, the actual expenses incurred by the town fire department. Similarly, if a fire is started where permits are required for such a fire, and the permit is not obtained and the town fire department is Page 187 Item 15. Town of Prosper, TX § XXIII FEE SCHEDULE § XXIII Downloaded from https://ecode360.com/PR6834 on 2026-07-16 required to respond to contain the fire, the responsible party will be liable for the response at a cost not to exceed the actual expenses incurred by the department. The actual expenses will include direct labor, equipment costs and any other costs that can be reasonably allocated to the cost of the response. (g) Water incidents. (1) Level 1 - Billed at $554.00/hour plus $68.00 per hour, per person. Basic response: Claim will include engine response, first responder assignments. This will be the most common "billing level" and will occur almost each time the town fire department has to respond to a water incident. (2) Level 2 - Billed at $1,110.00/hour plus $68.00 per hour, per person. Intermediate response: Includes level 1 actions as well as cleanup and materials needed for hazmat spill. We will bill at this level if the town fire department must clean up small amounts of gasoline or other fluids, as a result of the incident. (3) Level 3 - Billed at $2,747.00/hour plus $68.00 per hour, per person. Advance response: Includes services above, as well as DART activation, and recovery and identification of materials associated. Will include the fees for environmental disposal fees. (h) Back country or special rescue. (1) Itemized response: Each incident will be billed with custom mitigation rates that are deemed usual, customary and reasonable (UCR). These incidents will be billed itemized per apparatus, per rescue person, plus the rescue products used. (2) Minimum billed at $554 for the first response vehicle, plus $68 per rescue person. Additional rates of $554 per hour per response vehicle and $58 per hour per rescue person. (i) Gas leaks (Natural). (1) Level 1 - Natural Gas leak, outside without fire - $523.00/hour. Description: Minimal danger to life, property, and the environment, leak typically for mechanical damages to a meter or pipe. (2) Level 2 - Natural Gas leak, outside with fire - $748.00/hour, plus $68 per hour, per person. Description: Moderate danger to life, property, and the environment, leak typically caused from mechanical damage with nearby operating equipment causing a fire. (3) Level 3 - Natural Gas leak inside structure - $932.00/hour, plus $68.00 per hour, per person. Description: Significant danger to life, property, and the environment, leak is typically difficult to identify and locate. (Ordinance 2025-22 adopted 6/10/2025) Page 188 Item 15. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Robert B. Scott, Deputy Town Manager Re: Public Hearing on Proposed FY 2026-2027 Annual Budget Adoption of FY 2026-2027 Annual Budget Town Council Meeting – September 8, 2026 Strategic Visioning Priority: 1. Provide Excellent Municipal Services Agenda Item: Conduct a public hearing to receive public input, consider such input, and consider and act upon an ordinance adopting the Fiscal Year (FY) 2026-2027 Annual Operating and Capital Project Funds budgets and five-year Capital Improvement Program for the fiscal year beginning October 1, 2026, and ending September 30, 2027. Description of Agenda Item: According to Local Government Code Chapter 102 and the Town Charter, the Town must hold a Public Hearing on the proposed budget. Approval of this item will appropriate funds for the FY 2026-2027 Operating and Capital Project Fund budgets and adopt the five-year Capital Improvement Program plan. Prior to this meeting, the Town published required notices and Budget documents, then gave interested citizens the opportunity to ask questions and provide input at a Budget Town Hall Meeting. Subsection C of Section 102.007 of the Local Government Code requires that adoption of a budget raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to, and separate from, the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26 of the Tax Code. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Statement for opening public hearing 2. Ordinance 3. Ordinance Exhibit A – FY 2025-2026 Proposed Budget Summary FINANCE Page 189 Item 16. Page 2 of 2 Town Staff Recommendation: Town Staff recommends that the Town Council approve an ordinance adopting the Fiscal Year 2026-2027 Annual Budget and Capital Improvement Program for the fiscal year beginning October 1, 2026, and ending September 30, 2027, as proposed. This item requires a roll call/record vote. Proposed Motion: I move to approve an ordinance adopting the Fiscal Year 2026-2027 Annual Budget and Capital Improvement Program for the fiscal year beginning October 1, 2026, and ending September 30, 2027, as proposed. Page 190 Item 16. Please read the statements below prior to opening the Public Hearing: This is the only public hearing to discuss the FY 2026- 2027 proposed budget. A Public Hearing to discuss the proposed tax rate will be held on September 8, 2026, at 6:15 p.m., at the Council Chambers of Prosper Town Hall located at 250 W. First St, Prosper, Texas 75078 The Town Council will vote on the FY 2026-2027 Proposed Budget and the proposed tax rate at a meeting scheduled on September 8, 2025, at 6:15 p.m., located at the Council Chambers at Prosper Town Hall at 250 W. First St, Prosper TX. Once the Public Hearing is opened, the public is encouraged to express their views. Page 191 Item 16. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE FISCAL YEAR 2026-2027 ANNUAL BUDGET AND CAPITAL PROJECT FUND BUDGETS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2026, AND ENDING SEPTEMBER 30, 2027, FOR THE TOWN OF PROSPER, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Annual Budget for the Town of Prosper, Texas, was prepared by the Town Manager and presented to the Town Council on August 11, 2026, in accordance with the Town Charter of the Town of Prosper, Texas; and WHEREAS, the proposed annual budget document was posted on the Town's Internet website and also made available for public review; and WHEREAS, a Notice of a Public Hearing concerning the proposed Annual Town and Capital Project Fund Budget was published as required by state law and said Public Hearing thereon was held by the Town Council on September 8, 2026; and WHEREAS, following the Public Hearing, and upon careful review of the proposed Fiscal Year 2026-2027 Annual and Capital Project Fund Budget, it is deemed to be in the best financial interests of the citizens of the Town of Prosper, Texas, that the Town Council approve said budget; and WHEREAS, in conjunction with the adoption of the Annual Town Budget, the Town also wishes to adopt its recommended Fiscal Year 2026-2027 five-year Capital Improvement Program as required by Town Charter. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2 The official budget for the Town of Prosper, Texas, for the fiscal year beginning October 1, 2026, and ending September 30, 2027, is hereby adopted by the Town Council of the Town of Prosper, Texas, and the Town Secretary is directed to keep and maintain a copy of such official budget on file in the office of the Town Secretary and, upon request, make same available to the citizens and the general public. SECTION 3 The expenditures during the fiscal year beginning October 1, 2026, and ending September 30, 2027, shall be made in accordance with the budget approved by this Ordinance unless otherwise authorized by a duly enacted ordinance of the Town of Prosper, Texas. Page 192 Item 16. Ordinance No. 2026-xx, Page 2 SECTION 4 The sums specified in Exhibit A are hereby appropriated from the respective funds for the payment of expenditures on behalf of the Town government as established in the approved budget document. SECTION 5 Should any part, portion, section, or part of a section of this Ordinance be declared invalid, or inoperative, or void for any reason by a court of competent jurisdiction, such decision, opinion, or judgment shall in no way affect the remaining provisions, parts, sections, or parts of sections of this Ordinance, which provisions shall be, remain, and continue to be in full force and effect. SECTION 6 All ordinances and appropriations for which provisions have heretofore been made are hereby expressly repealed if in conflict with the provisions of this Ordinance. SECTION 7 In accordance with state law and the Town’s Code of Ordinances, proper Notice of Public Hearing was provided for said Ordinance to be considered and passed, and this Ordinance shall take effect and be in full force and effect from and after its final passage. SECTION 8 Specific authority is hereby given to the Town Manager to transfer appropriations budgeted from one account classification or activity to another within any individual fund. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 8TH DAY OF SEPTEMBER, 2026. APPROVED: ________________________________ David F. Bristol, Mayor ATTEST: _____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Page 193 Item 16. Ordinance No. 2026-xx, Page 3 EXHIBIT A Page 194 Item 16. ANNUAL FUNDS AMENDED BUDGET 2025-2026 PRELIMINARY 2026-2027 CHANGES FINAL PROPOSED 2026-2027 GENERAL FUND 64,883,355$ 72,292,656$ -$ 72,292,656$ WATER/SEWER FUND 45,972,325 53,511,738 - 53,511,738 DEBT SERVICE (I&S) 21,709,180 21,373,297 - 21,373,297 TIRZ # 1 6,483,373 6,066,771 - 6,066,771 TIRZ # 2 184,122 206,424 - 206,424 CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 3,511,755 3,775,144 - 3,775,144 FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT 3,512,955 3,745,070 - 3,745,070 PARK DEDICATION/IMPROVEMENT 2,150,000 5,014,093 - 5,014,093 IMPACT FEES 18,712,229 32,293,065 - 32,293,065 SPECIAL REVENUE 1,054,060 328,542 - 328,542 HOTEL OCCUPANCY TAX FUND - 114,691 - 114,691 STORM DRAINAGE 1,395,902 1,859,690 - 1,859,690 SOLID WASTE 4,094,356 3,994,852 - 3,994,852 VERF 2,808,199 1,055,030 - 1,055,030 HEALTH INSURANCE TRUST 7,240,659 8,120,127 - 8,120,127 183,712,470$ 213,751,190$ -$ 213,751,190$ Capital Projects are budgeted on a project basis with appropriations remaining valid for the life of the project. Funds encumbered for the VERF will also be re-apportioned for FY 2026-2027. MULTI-YEAR FUNDS GOVERNMENTAL CAPITAL PROJECTS FUND 74,706,375 WATER & SEWER CAPITAL PROJECTS FUND 4,044,701 STORM DRAINAGE CAPITAL PROJECTS FUND 205,720 78,956,796 GRAND TOTAL EXHIBIT A Summary of Budget Book Totals GRAND TOTAL Ord 26-xx Page 195 Item 16. Page 1 of 2 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Robert B. Scott, Deputy Town Manager Re: Public Hearing on Proposed FY 2026-2027 Tax Rate Adoption of FY 2026-2027 Tax Rate Town Council Meeting – September 8, 2026 Strategic Visioning Priority: 1. Provide Excellent Municipal Services Agenda Item: Conduct a Public Hearing to consider and act upon an Ordinance adopting a tax rate of $0.505 per $100 valuation for fiscal year 2026-2027. Description of Agenda Item: This item is to adopt the tax year 2026 tax rate to generate sufficient revenues as required in the Adopted FY 2026-2027 Budget. The attached ordinance sets the 2026 ad valorem tax rate at $0.505 cents per $100 assessed valuation, to be distributed as follows: $0.331000 for Maintenance and Operations $0.174000 for Debt Service Totaling $0.505000 Total Tax Rate Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Statement for opening public hearing 2. Ordinance 3. Tax Rate Steps 4. Worksheet Town Staff Recommendation: This item requires a record vote, and at least 60 percent of the members of the governing body must vote in favor of the ordinance. The tax code is specific in the form of making a motion to set the tax rate. Town staff recommend the Town Council approve an Ordinance adopting the 2026 tax rate using the required language below. FINANCE Page 196 Item 17. Page 2 of 2 Proposed Motion: Please make your motion using this required language: “I move that the property tax rate be increased by the adoption of a tax rate of $0.505, which is effectively a 0.87 percent increase in the tax rate.” Page 197 Item 17. Please read the statements below prior to opening the Public Hearing: This is the only public hearing to discuss the FY 2026- 2027 proposed tax rate. The Town Council will vote on both the FY 2026-2027 Proposed Budget and the proposed tax rate at tonight’s meeting as previously published and scheduled. Once the Public Hearing is opened, the public is encouraged to express their views. Page 198 Item 17. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-XX AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ADOPTING THE TOWN OF PROSPER 2026 PROPERTY TAX RATE; LEVYING TAXES FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2026, AND ENDING SEPTEMBER 30, 2027, AT THE RATE OF $0.505 PER ONE HUNDRED DOLLARS ($100.00) ASSESSED VALUE ON ALL TAXABLE PROPERTY WITHIN THE CORPORATE LIMITS OF THE TOWN OF PROSPER, TEXAS, IN ACCORDANCE WITH EXISTING STATUTORY REQUIREMENTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF ON THE TOWN’S HOME PAGE OF ITS WEBSITE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (hereinafter referred to as the “Town”), hereby finds that the tax for the fiscal year beginning October 1, 2026, and ending September 30, 2027, hereinafter levied for current expenditures of the Town and the general improvements of the Town and its property, must be levied to provide revenue requirements for the budget for the ensuing year; and WHEREAS, the Town Council has approved, by separate ordinance to be adopted on the 8th day of September, 2026, the budget for the fiscal year beginning October 1, 2026, and ending September 30, 2027; and WHEREAS, all statutory and constitutional requirements concerning the levying and assessing of ad valorem taxes have been complied with by the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 The Town Council of the Town of Prosper, Texas, does hereby adopt and levy the following tax rate of $0.505 per $100 assessed valuation for the Town for tax year 2026 as follows: $0.331000 for the purpose of maintenance and operation; and $0.174000 for payment of principal and interest on debt service. SECTION 3 The rate adopted is higher than the no-new-revenue rate and lower than the voter- approval rate as calculated according to the Truth in Taxation provisions of the Texas Tax Code, as amended, and the total levy for maintenance and operations exceeds last year’s levy for same. Page 199 Item 17. Ordinance No. 2026-XX, Page 2 THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR’S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.98 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $8.95. The Town’s website shall reflect the foregoing statements, pursuant to applicable provisions of the Texas Tax Code, as amended. SECTION 4 The Tax Assessor-Collectors for Collin County and Denton County are hereby authorized to assess and collect the taxes of the Town of Prosper in accordance with this Ordinance. The Town shall have all rights and remedies provided by the law for the enforcement of the collection of taxes levied under this ordinance. SECTION 5 All provisions of any ordinance in conflict with this Ordinance are hereby repealed; however, such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 6 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 7 This Ordinance shall become effective from and after its adoption and publication, as required by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___, ON THIS THE 8TH DAY OF SEPTEMBER, 2026. APPROVED: ___________________________________ David F. Bristol, Mayor Page 200 Item 17. Ordinance No. 2026-XX, Page 3 ATTEST: ___________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ___________________________________ Terrence S. Welch, Town Attorney Page 201 Item 17. §26.05 of Property Tax Code Steps Required for Adoption of Tax Rate & Budget Date: 08/14/2026 01:20 PM Language Required in the Motion Setting This Year's Tax Rate: This year's proposed tax rate exceeds the no-new-revenue tax rate. The vote on the ordinance, resolution, or order setting the tax rate must be a record vote and 60% of the governing body must vote in favor of the adoption of the tax rate. A motion to adopt the ordinance, resolution, or order must be made in the following form: I move that the property tax rate be increased by the adoption of a tax rate of 0.505000, which is effectively a 0.87 percent increase in the tax rate. If this year's proposed debt rate exceeds the minimum debt rate as described in Section 26.05(a-1) the motion to adopt an ordinance, resolution, or order setting the debt rate must be approved by at least 60 percent of the members of the governing body and state: I move that a proposed rate to pay debt service of $0.174000 per $100 of taxable value be approved. This rate exceeds the Town of Prosper debt service rate described under Texas Tax Code Section 26.05(a)(1) of $0.000000 by $0.174000. The excess revenue collected from the proposed rate will be used for . Statement Required in the Ordinance, Resolution, or Order Setting: This year's levy to fund maintenance and operations expenditures exceeds last year's maintenance and operations tax levy. The following statements must be included in the ordinance, resolution, or order setting this year's tax rate. The statements must be in larger type than the type used in any other portion of the document. THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.98 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $8.95. Statement That Must be Posted on the Home Page of Any Internet Website Operated by the Taxing Unit: This year's levy to fund maintenance and operations expenditures exceeds last year's maintenance and operations tax levy. The following statements must be included in the ordinance, resolution, or order setting this year's tax rate. The statements must be in larger type than the type used in any other portion of the document. Town of Prosper ADOPTED A TAX RATE THAT WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 1.98 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $8.95. Entity Name: Town of Prosper Page 202 Item 17. Section 26.05(b) of Property Tax Code Worksheet for Determination of Steps Required for Adoption of Tax Rate Town of Prosper M&O Tax Increase in Current Year 1. Last year's taxable value, adjusted for court-ordered reductions. Enter Line 8 of the No- New-Revenue Tax Rate Worksheet.$10,870,425,425 2. Last year's M&O tax rate. Enter Line 29 of the Voter-Approval Tax Rate Worksheet.$0.322054/$100 3. M&O taxes refunded for years preceding tax year 2025.$200,970 4. TIF Adjustment. Enter Line 32B of the Voter-Approval Tax Rate Worksheet.$917,455 5. Last year's M&O tax levy. Multiply line 1 times line 2 and divide by 100. To the result, add line 3 and subtract line 4.$34,292,155 6. This year's total taxable value. Enter line 22 of the No-New-Revenue Tax Rate Worksheet. $11,172,448,338 7. This year's proposed M&O tax rate. Enter the proposed M&O tax rate approved by the Governing Body.$0.331000/$100 8. This year's M&O tax levy. Multiply line 6 times line 7 and divide by 100.$36,980,804 9. M&O Tax Increase (Decrease). Subtract line 5 from line 8.$2,688,649 Comparison of Total Tax Rates 10. No-New-Revenue Total Tax Rate.$0.500622/$100 11. This year's proposed total tax rate.$0.505000/$100 12. This year's rate minus No-New-Revenue rate. Subtract line 10 from line 11.$0.004378 13. Percentage change in total tax rate. Divide Line 12 by line 10.0.87% Comparison of M&O Tax Rates 14. No-New-Revenue M&O Tax Rate. Enter line 40 of the Voter-Approval Tax Rate Worksheet.$0.324576/$100 15. This year's proposed M&O tax rate.$0.331000/$100 16. This year's rate minus No-New-Revenue rate. Subtract line 14 from line 15.$0.006424 17. Percentage change in M&O tax rate. Divide line 16 by line 14.1.98% Raised M&O Taxes on a $100,000 Home 18. This year's taxable value on a $100,000 home.$100,000 19. Last year's M&O tax rate.$0.322054/$100 20. This year's proposed M&O tax rate.$0.331000/$100 21. This year's raised M&O taxes. Subtract line 19 from line 20 and multiply result by line 18.$8.95 22. Percentage change in M&O taxes.2.77% Page 203 Item 17. Page 204 Item 17. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Robert B. Scott, Deputy Town Manager Re: Ratification of FY 2026-2027 Tax Rate Town Council Meeting – September 8, 2026 Strategic Visioning Priority: 1. Provide Excellent Municipal Services Agenda Item: Ratifying the property tax increase in the budget for fiscal year (FY) 2026-2027. Description of Agenda Item: According to Texas Local Government Code Section 102.007, "Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate required by Chapter 26, Tax Code, or other law." This budget will raise more revenue from property taxes than last year's budget by an amount of $2,741,789, which is a 5.11 percent increase from last year's budget. The property tax revenue to be raised from new property added to the tax roll this year is $3,066,568. Budget Impact: This action is a required step in adoption of the Budget and Tax Rate. Town Staff Recommendation: Town Staff recommend making a motion to ratify the property tax increase in the budget for fiscal year (FY) 2026-2027. Proposed Motion: I move to ratify the property tax increase in the budget for fiscal year (FY) 2026-2027. FINANCE Page 205 Item 18. Page 1 of 5 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Planned Development for Project Tomahawk Town Council Meeting – September 8, 2026 Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for Development Agenda Item: Conduct a Public Hearing and consider and act upon a request for a rezoning from Agricultural to a Planned Development for a Data Center on a portion of Parvin 1385 Addition, Block A, Lot 2, on 37.3± acres, located 1,590± feet south of Parvin Road and 855± feet east of FM 1385. (ZONE-26- 0007) Description of Agenda Item: The proposed development is a data center. The facility will cover 20 percent of the lot and is located behind both the retail portion of the proposed commercial development to the north (Planned Development-139) and the Brazos substation that fronts FM 1385. Future Land Use Plan: The Future Land Use Plan recommends Business Park, High Density Residential, and Retail and Neighborhood Services. A request to modify the Future Land Use Plan has been submitted as a companion case to this item. Zoning: The property is zoned Agricultural (A). Compatibility: The zoning and land use of the surrounding properties are shown below. Zoning Current Land Use Future Land Use Plan Subject Property Agricultural Vacant High Density Residential and Retail and Neighborhood Services North Planned Development-139 (Commercial) Vacant Retail and Neighborhood Services PLANNING Page 206 Item 19. Page 2 of 5 East Planned Development-134 (Single Family-10 and Single Family-12.5) Vacant Medium Density Residential South Agricultural Vacant Business Park and High Density Residential West Agricultural and Specific Use Permit-23 Utility (Brazos Substation) Retail and Neighborhood Services District Regulations: The district regulations within each tract of this Planned Development compared to the regulations in the Commercial District in the Unified Development Code are shown below. The only deviations are an increased front, side, and rear yard setback. Proposed Regulations (Development Standards) Commercial District (Unified Development Code) Size of Yards Front: 60’ Side: 60’ Rear: 60’ Front: 30’ Side: 0’ (Attached, Separate Lots) 15’ (Adj. to Commercial) 30’ (Adj. to Thoroughfare) 40’ (1-Story Adj. to Residential) 60’ (2-Story Adj. to Residential) Rear: 0’ (Attached, Separate Lots) 15’ (Adj. to Commercial) 40’ (1-Story Adj. to Residential) 60’ (2-Story Adj. to Residential) Size of Lots Area: 10,000 SF Width: 100’ Depth: 100’ Area: 10,000 SF Width: 100’ Depth: 100’ Maximum Height Height: 40’ (Additional 20’ for Rooftop Equipment) Height: 40’ Lot Coverage Maximum: 50% Maximum: 50% Floor Area Ratio Maximum: 0.5:1 Maximum: 0.5:1 Uses: The list of permitted uses within this Planned Development is shown below. By Right: o Data Center Building Materials: The architectural standards within this Planned Development are shown below. Page 207 Item 19. Page 3 of 5 Building Materials: o Primary Materials (Min. of 80%) Architectural Concrete Brick Concrete Panels (Pre-Cast and Tilt-Up) Masonry Split Faced Concrete Block (Painted and Sealed) Stone o Secondary Materials (Max. of 20%) Finished Metal Panels Primary Building Materials Similar Materials (Approved by Director of Development Services) Landscaping: The landscaping regulations within this Planned Development compared to the regulations in the Unified Development Code are shown below. The only deviations are increased landscape buffers adjacent to commercial zoning, trees planted at a lower frequency with shrubs being planted at a higher frequency adjacent to commercial zoning, and the addition of shrubs within the living screen adjacent to residential zoning. Proposed Regulations (Development Standards) Town Regulations (Unified Development Code) North (Adj. to Commercial) Width: 15’ Trees: One 3” Caliper every 30 Feet Shrubs: One 5-Gallon every 4 Feet Width: 5’ Trees: One Small Tree every 15 Feet Shrubs: One 5-Gallon every 15 Feet East (Adj. to Residential) Width: 15’ Trees: One 3” Caliper every 30 Feet (Double Row – Living Screen) Shrubs: One 5-Gallon every 4 Feet Width: 15’ Trees: One 3” Caliper every 30 Feet (Double Row – Living Screen) South (Adj. to Residential) Width: 15’ Trees: One 3” Caliper every 30 Feet (Double Row – Living Screen) Shrubs: One 5-Gallon every 4 Feet Width: 15’ Trees: One 3” Caliper every 30 Feet (Double Row – Living Screen) West (Adj. to Commercial) Width: 15’ Trees: One 3” Caliper every 30 Feet Shrubs: One 5-Gallon every 4 Feet Width: 5’ Trees: One Small Tree every 15 Feet Shrubs: One 5-Gallon every 15 Feet Page 208 Item 19. Page 4 of 5 Open Space and Amenities: A minimum of 12 percent of open space is required for the proposed development. Additionally, a minimum of three amenities from the list below will be provided in these open space areas. Amenities: o Art/Sculpture o Enhanced Walking Trail o Gazebo or Pergola Area o Hydration Station o Landscape Areas o Pedestrian-Scaled Lighting o Picnic Table o Planters with One Ornamental Tree per Planter o Shaded Seating Area Screening: A living screen is proposed adjacent to the residential zoning, the future Prosper Oaks development, to the east. There is an existing tree line on the site that is adjacent to Prosper Oaks. The screen will consist of this existing tree line in addition to a double row of plantings, both canopy trees and evergreen shrubs, that will fill in its gaps as shown on Exhibit G. Additionally, an eight - foot masonry wall will be installed at the rear of the building to both screen and provide a sound- dampening mechanism for the generators. Resource Consumption: The resource consumption of the proposed development is shown below. Electricity o The proposed development will be responsible for all upgrades needed for power consumption. Water o The proposed development will consume less than half of the water used in a single-family home. Sound: The decibel level of the proposed development compared to the decibel level of the vacant site is shown below. Proposed Use (Data Center) Current Use (Vacant) Decibel Level Range: 41.7 – 55 dB(A) Range: 59.7 – 70.8 dB(A) Traffic: The trip generation of the proposed development compared to the trip generation of potential development based on the Future Land Use Plan is significantly lower. Lot Frontage: The commercial development to the north is constructing a 65-foot right-of-way section that will connect from Parvin Road to FM 1385. This right-of-way section will provide frontage for lots within its boundary and the lot for the proposed data center. Page 209 Item 19. Page 5 of 5 Thoroughfare Plan: This property has access to FM 1385 and Parvin Road. Parks Master Plan: The Parks Master Plan does not indicate a park is needed on the subject property. Budget Impact: There is no budgetary impact affiliated with this item. Notification: Notification was provided as required by the Unified Development Code and state law. Town Staff has received 34 letters of opposition, 11 from Prosper residents, and one letter of support to the proposed zoning request to date. Attached Documents: 1. Aerial Map 2. Zoning Map 3. Future Land Use Exhibit 4. Exhibit A-1 – Written Metes and Bounds 5. Exhibit A-2 – Boundary Exhibit 6. Exhibit B – Letter of Intent 7. Exhibit C – Development Standards 8. Exhibit D – Conceptual Plan 9. Exhibit E – Development Schedule 10. Exhibit F-1 – Conceptual Elevations 11. Exhibit F-2 – Conceptual Renderings 12. Exhibit G – Landscape and Open Space Plan 13. Draft Development Agreement 14. Project Information from Applicant 15. PowerPoint Slides Town Staff Recommendation: Town Staff recommend the Town Council approve the request for a rezoning from Agricultural to a Planned Development for a Data Center on a portion of Parvin 1385 Addition, Block A, Lot 2, on 37.3± acres, located 1,590± feet south of Parvin Road and 855± feet east of FM 1385. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission will consider this item at their September 1, 2026, meeting. Proposed Motion: I move to approve/deny the request for a rezoning from Agricultural to a Planned Development for a Data Center on a portion of Parvin 1385 Addition, Block A, Lot 2, on 37.3± acres, located 1,590± feet south of Parvin Road and 855± feet east of FM 1385. Page 210 Item 19. FM 1385FISHTRAP RD LA CIMA BLVDUS HIGHWAY 380 E FIRST ST PRESTONRDCOIT RDFRONTIER PKWY PROSPER TRL DALLAS NORTH TOLLWAYCUSTER RDLEGACY DRMAHARDPKWYTEEL PKWYFM423LOVERS LN BROADWAYST SHAWNEETRLW F I R S T ST R ICHLAND B L V D COLEMANST PR AIRIEDR IVE GEE RD HAYS RDPARVIN RDFM 1385PARVIN RD FRONTIER PKWY 0 540 1,080270 Feet ¯ This map for illustration purposes only ZONE-26-0007 Project Tomahawk Planned Development Page 211 Item 19. FM 1385FISHTRAP RD LA CIMA BLVDUS HIGHWAY 380 E FIRST ST PRESTONRDCOIT RDLEGACY DRMAHARDPKWYCUSTER RDTEELPKWYDALLAS NORTH TOLLWAYPROSPER TRL FM423FRONTIER PKWY LOVERS LN BROADWAYST SHAWNEETRLW FIRST S T R ICHLAND BLVD COLEMANST P R A IRIEDRI V E GEE RD HAYS RDPARVIN R D PARVIN RD FRONTIER PKWY FM 1385R S-23 A A PD-40 SF PD-40 SF PD-134 SFFM 1385PARVIN 0 540 1,080270 Feet ¯ This map for illustration purposes only ZONE-26-0007 Project Tomahawk Planned Development Page 212 Item 19. Future Land Use Exhibit Page 213 Item 19. EXHIBIT A-1: WRITTEN METES AND BOUNDS ZONE-26-0007 BEING a tract of land situated in the J. Morton Survey, Abstract No. 793 and the L. Rue Survey, Abstract No. 1110, Town of Prosper, Denton County, Texas, and being a portion of Block A, Lot 2 of Parvin 1385 Addition, according to the plat thereof recorded in Document No. 2025-228 of the Plat Records of Denton County, Texas, and being a portion of that tract of land described in a deed to D9-1 Assets, LLC, as recorded in Instrument No. 2026-12329 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 3/4 inch iron rod with 2 inch diameter aluminum disk stamped “Brazos Electric-Waco Boundary” found for the southerly southwest corner of said Block A, Lot 2, common to the southeast corner of Brazos Electric Parvin Substation Addition, Block A, Lot 1, according to the plat thereof recorded in Document No. 2020-418 of the Plat Records of Denton County, Texas, same being on the northerly line of a called 23.87 acre tract of land described as Tract 1 in a deed to Vee Prosper Oaks, LLC, as recorded in Instrument No. 2022-53773 of the Official Records of Denton County, Texas; THENCE North 01°32'05" East, departing the northerly line of said Tract 1, along the westerly line of said Block A, Lot 2 and the easterly line of said Brazos Electric Parvin Substation Addition, a distance of 650.00 feet to a 1/2 inch iron rod with busted plastic cap found for the northeast corner of said Brazos Electric Parvin Substation Addition, common to an ell corner of said Block A, Lot 2; THENCE North 89°30'12" East, crossing said Block A, Lot 2, a distance of 201.97 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 01°32'11" East, continuing across said Block A, Lot 2, a distance of 510.55 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 89°23'26" East, continuing across said Block A, Lot 2, a distance of 100.12 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner on the easterly line of said Block A, Lot 2, and the westerly line of Block A, Lot 1 of Parvin 1385 Addition; THENCE South 00°35'37" East, along the easterly line of said Block A, Lot 2 and the westerly line of said Block A, Lot 1, a distance of 17.82 feet to a 1/2 inch iron rod found for the southwest corner of said Block A, Lot 1, common to an ell corner of said Block A, Lot 2; THENCE North 89°27'23" East, along the northerly line of said Block A, Lot 2 and the southerly line of said Block A, Lot 1, a distance of 1,183.06 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for the northeast corner of said Block A, Lot 2, common to the southeast corner of said Block A, Lot 1, same being on the westerly line of a called 191.740 acre tract of land described in a deed to Frontier 191 Landbank LLC, as recorded in Instrument No. 2025- 125290 of the Official Records of Denton County, Texas; Page 214 Item 19. THENCE South 00°32'30" East, along the easterly line of said Block A, Lot 2 and the westerly line of said 191.740 acre tract, a distance of 1,143.16 feet to a 1/2 inch iron rod found for the southeast corner of said Block A, Lot 2, common to the northeast corner of aforesaid Tract 1; THENCE South 89°30'12" West, departing the westerly line of said 191.740 acre tract, along the southerly line of said Block A, Lot 2 and the northerly line of said Tract 1, a distance of 1,527.23 feet to the POINT OF BEGINNING and containing 37.273 acres (1,623,594 square feet) of land, more or less. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011). 06/24/2026 _________________ Sylviana Gunawan Registered Professional Land Surveyor No. 6461 Kimley-Horn and Associates, Inc. 6160 Warren Pkwy., Suite 210 Frisco, Texas 75034 Ph. 972-335-3580 sylviana.gunawan@kimley-horn.com Page 215 Item 19. 600590595600 605 605 605 595 600 605 11 10 9 8 7 6 5 4 3 2 1 20 19 18 17 18 19 202122 ROW DEDICATIONBLOCK S BLOCK R 1X-HOALOT 1X-HOA15 16 17 39 38 37 36 35 34 33 32 31 30 29 BLOCK D27 26 25 242322 ROW DEDICATION0.266 ACRE (11,568 SQ. FT.)CALLED 191.740 ACRES FRONTIER 191 LANDBANK LLC INST. NO. 2025-125290, O.R.D.C.T. 1 2 3 4 5 6 7 8 9 10 11 12 BLOCK AAA 15 16 PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. CALLED TRACT 1 23.87 ACRES VEE PROSPER OAKS, LLC INST. NO. 2022-53773, O.R.D.C.T. F.WIL K E R S O N S U R V E Y, ABST R A C T N O. 1 4 1 1 J. MO R T O N S U R V E Y, ABST R A C T N O. 7 9 3 APPROX. SURVEY LINE 1/2" IRF 5/8" IRF 1/2" IRF BLOCK A, LOT 1 BLOCK A, LOT 2 (CALLED 1.558 ACRES) RIGHT OF WAY DEDICATION DOC. NO. 2025-228, P.R.D.C.T. (CALLED 0.404 ACRES) RIGHT OF WAY DEDICATION DOC. NO. 2025-228, P.R.D.C.T. PARVIN ROAD (VARIABLE WIDTH R.O.W)(DOC# 2023-294, P.R.D.C.T.) REMAINDER OF CALLED 129.978 ACRES SWISHER PARTNERS, LP DOC. NO. 2004-7927 O.R.D.C.T. 30' RIGHT OF WAY DEDICATION DOC. NO. 2020-418, P.R.D.C.T. SUTTON FIELDS PHASE 4B INST. NO. 2021-102, P.R.D.C.T. LOT 1, BLOCK A COMMERCIAL RETAIL SITE DOC. NO. 2021-451 P.R.D.C.T. PROPSER RETAIL ADDITION DOC. NO. 2022-62 P.R.D.C.T. 23 22 21 201918 22 23 24 25 24 23 22 21 20 19 18 17 363738 BLOCK DLOT 1X-HOASUTTON FIELDS PHASE 4A INST. NO. 2023-294, P.R.D.C.T. PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. BLOCK A, LOT 2 PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. ALUM. DISK FND 1/2" IRF 1/2" IRF 1/2" IRF S0°32'30"E1143.16'N89°27'23"E 1183.06'N1°32'11"E510.55'N89°30'12"E 201.97' N89°23'26"E 100.12' S0°35'37"E 17.82' APPROXIMATE CENTERLINE OF ROAD L. RU E S U R V E Y, ABST R A C T N O. 1 1 1 0 P.O.B. EXISTING ZONING: A EXISTING ZONING: PD-139 EXISTING ZONING: PD-134 TOWN OF PROSPER CITY OF CELINA EXISTING LAND USE: RESIDENTIAL FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: BUSINESS PARK AND HIGH DENSITY RESIDENTIAL EXISTING ZONING: R EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING ZONING: PD-139 EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING ZONING: S-23 A EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING ZONING: A EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES AND HIGH DENSITY RESIDENTIAL EXISTING ZONING: CF PD-52 EXISTING ZONING: CF PD-52 EXISTING ZONING: CF PD-52 STATE PLANE COORDINATES N:7140574.80 E:2461440.13 CITY OF AUBREYTOWN OF PROSPERF.M. ROAD NO.1385(VARIABLE WIDTH R.O.W.)PARVIN ROAD (VARIABLE WIDTH R.O.W.)(DOC. NO. 2008-62468, O.R.D.C.T.) APPROXIMATE CENTERLINE OF ROAD APPROXIMATE LOCATION OF CITY LIMITS APPROXIMATE LOCATION OF CITY LIMITS APPROX. SURVEY LINE APPROX. SURVEY LINE APPROX. SURVEY LINE STATE PLANE COORDINATES N:7139418.63 E:2459923.99 EXISTING ZONING BOUNDARY 73.0'57.0'70.0' 70.0' 100.0' 70.0' 70.0'130.0'61.2'FRONTIER PARKWAY (VARIABLE WIDTH R.O.W.) RIGHT OF WAY DEDICATION DOC. NO. 2022-62 P.R.D.C.T. RIGHT OF WAY DEDICATION CAB. X, PG. 264 P.R.D.C.T. RIGHT OF WAY DEDICATION CAB. X, PG. 264 P.R.D.C.T. 843.72' YORKDALE ST BOTHWELLBOULEVARD1500.19'25' LANDSCAPE AND ACCESS EASEMENT DOC. NO. 2020-418, P.R.D.C.T. 10' RIGHT OF WAY DEDICATION DOC. NO. 2021-174 P.R.D.C.T. ARROW BROOKE RETAIL ADDITION DOC. NO. 2021-174 P.R.D.C.T. LOT 7 LOT 5 LOT 4LOT 3 BLOCK A LOT 6 1/2" IRF 1/2" IRFC (BUSTED CAP) 1/2" IRF (LEANING) BEARS N 80°07' E 0.61' (0.4' ABOVE SURFACE) 1/2" IRFC "BARTON CHAPA" 3/4" IRF W/ 2" ADF "BRAZOS ELECTRIC-WACO BOUNDARY" 1/2" IRF 5/8" IRFC "SPOONER 5922" BRAZOS ELECTRIC PARVIN SUBSTATION ADDITION, BLOCK A, LOT 1 DOC. NO. 2020-418 P.R.D.C.T. S89°30'12"W 1527.23'N1°32'05"E650.00'N0°35'37"W 82.82' EXISTING ZONING BOUNDARY EXISTING ZONING BOUNDARY APPROXIMATE LOCATION OF CITY LIMITS TOMAHAWK TRAIL ARROW BROOKE PHASE 3A DOC. NO. 2018-317 P.R.D.C.T. ARROW BROOKE PHASE 2B DOC. NO. 2017-461 P.R.D.C.T. 28 27 26 292929 ARROW BROOKE PHASE 2A DOC. NO. 2017-462 P.R.D.C.T. REQUESTED ZONING BOUNDARY REQUESTED ZONING BOUNDARY 70' BRAZOS ELECTRIC POWER COOPERATIVE, INC. EASEMENT INST. NO. 2018-20427 O.R.D.C.T.1498.96'899.97'PRAIRIE TRAIL AVENUE37.273 ACRES 1,623,594 SQ. FT.DWG NAME: K:\FRI_SURVEY\060081400-PROSPER DATA CENTER\DWG\060081400 ZONING EXHIBIT.DWG PLOTTED BY GUNAWAN, SYLVIANA 7/27/2026 8:33 AM LAST SAVED 7/27/2026 8:04 AM Copyright © 2026 Kimley-Horn and Associates, Inc. All rights reserved Scale Drawn by SG1" = 150' Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 Fax No. (972) 335-3779FIRM # 10193822 KHA 07/27/2026 060081400 1 OF 1 LEGEND P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND IRF = IRON ROD FOUND XF = "X" CUT FOUND INST. = INSTRUMENT DOC. = DOCUMENT NO. = NUMBER VOL. = VOLUME PG. = PAGE D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORD, DENTON COUNTY,TEXAS EXHIBIT A-2: BOUNDARY EXHIBIT ZONE-26-0007 37.273 ACRES THE J. MORTON SURVEY, ABSTRACT NO. 793 THE L. RUE SURVEY, ABSTRACT NO. 1110 TOWN OF PROSPER, DENTON COUNTY, TEXAS DATE PREPARED: 07/27/2026 NOTES: 1. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.9998493926859797. 2. According to Map No. 48121C0270G and 48121C0410G, dated April 18, 2011 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is located Zone X (unshaded) defined as "Areas determined to be outside the 0.2% annual chance floodplain". If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. DESCRIPTION OF PROPERTY: BEING a tract of land situated in the J. Morton Survey, Abstract No. 793 and the L. Rue Survey, Abstract No. 1110, Town of Prosper, Denton County, Texas, and being a portion of Block A, Lot 2 of Parvin 1385 Addition, according to the plat thereof recorded in Document No. 2025-228 of the Plat Records of Denton County, Texas, and being a portion of that tract of land described in a deed to D9-1 Assets, LLC, as recorded in Instrument No. 2026-12329 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 3/4 inch iron rod with 2 inch diameter aluminum disk stamped “Brazos Electric-Waco Boundary” found for the southerly southwest corner of said Block A, Lot 2, common to the southeast corner of Brazos Electric Parvin Substation Addition, Block A, Lot 1, according to the plat thereof recorded in Document No. 2020-418 of the Plat Records of Denton County, Texas, same being on the northerly line of a called 23.87 acre tract of land described as Tract 1 in a deed to Vee Prosper Oaks, LLC, as recorded in Instrument No. 2022-53773 of the Official Records of Denton County, Texas; THENCE North 01°32'05" East, departing the northerly line of said Tract 1, along the westerly line of said Block A, Lot 2 and the easterly line of said Brazos Electric Parvin Substation Addition, a distance of 650.00 feet to a 1/2 inch iron rod with busted plastic cap found for the northeast corner of said Brazos Electric Parvin Substation Addition, common to an ell corner of said Block A, Lot 2; THENCE North 89°30'12" East, crossing said Block A, Lot 2, a distance of 201.97 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 01°32'11" East, continuing across said Block A, Lot 2, a distance of 510.55 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 89°23'26" East, continuing across said Block A, Lot 2, a distance of 100.12 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner on the easterly line of said Block A, Lot 2, and the westerly line of Block A, Lot 1 of Parvin 1385 Addition; THENCE South 00°35'37" East, along the easterly line of said Block A, Lot 2 and the westerly line of said Block A, Lot 1, a distance of 17.82 feet to a 1/2 inch iron rod found for the southwest corner of said Block A, Lot 1, common to an ell corner of said Block A, Lot 2; THENCE North 89°27'23" East, along the northerly line of said Block A, Lot 2 and the southerly line of said Block A, Lot 1, a distance of 1,183.06 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for the northeast corner of said Block A, Lot 2, common to the southeast corner of said Block A, Lot 1, same being on the westerly line of a called 191.740 acre tract of land described in a deed to Frontier 191 Landbank LLC, as recorded in Instrument No. 2025-125290 of the Official Records of Denton County, Texas; THENCE South 00°32'30" East, along the easterly line of said Block A, Lot 2 and the westerly line of said 191.740 acre tract, a distance of 1,143.16 feet to a 1/2 inch iron rod found for the southeast corner of said Block A, Lot 2, common to the northeast corner of aforesaid Tract 1; THENCE South 89°30'12" West, departing the westerly line of said 191.740 acre tract, along the southerly line of said Block A, Lot 2 and the northerly line of said Tract 1, a distance of 1,527.23 feet to the POINT OF BEGINNING and containing 37.273 acres (1,623,594 square feet) of land, more or less. SYLVIANA GUNAWAN 6461STATE O F TE X ASRE G I S T E R E DLAN D SU R V E Y O RPRO FE S S I O N ALSYLVIANA GUNAWAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn.com OWNER: D9-1 Assets, LLC 8794 Markham Drive Frisco, Texas 75035 Ph: 469-939-5405 Contact: Srinivas Maram ENGINEER: Kimley-Horn and Associates, Inc. 200 N. Travis Street Sherman, Texas 75090 Ph: 469-353-6061 Contact: Michael Carlisle, P.E. N.T.S.VICINITY MAP SITE U.S. 380 FISHTRAP ROAD PARVIN ROAD N. DALLAS PKWYF.M. 1385W. FIRST STREET S. LEGACY DR.GRAPHIC SCALE IN FEET 0150 75 150 300 1" = 150'@ 24X36 NORTH Page 216 Item 19. ZONE-26-0007 EXHIBIT “B” STATEMENT OF INTENT AND PURPOSE The purpose of this submittal is to rezone a property from Agricultural (A) District to a Planned Development to accommodate a Data Center use, with associated utilities. Currently, under the Town of Prosper Zoning Ordinance, Data Center is not a defined use. Development Standards are proposed accordingly with this application. The proposal includes two vehicular access points in connection with an adjacent proposed development and a 10-foot-wide hike & bike trail along the northern and eastern portions of the property. The proposed Data Center has a maximum building height of 40 feet. Page 217 Item 19. DRAFT 081926 1 ZONE-26-0007 EXHIBIT “C” PLANNED DEVELOPMENT STANDARDS A. Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance. 1. Unless expressly identified and referenced within this ordinance, the regulations of the Town’s Unified Development Code, as it exists on the date of approval of this Planned Development (the “UDC”), shall apply. Upon approval by the Town Council of the ordinance establishing this District, this District is vested in accordance with Tex. Loc Gov’t Code Ch. 245 and this Planned Development Ordinance, inclusive of exhibits herein, is a vesting document for purposes of Chapter 245 of the Texas Local Government Code. 2. The zoning exhibits attached and incorporated into th is Planned Development shall serve as a guide for development of the Property. The ultimate layout (including streets, site layout, building uses, and open space areas) shall be determined at the time of Preliminary Site Plan approval by the Planning & Zoning Commission. 3. This Planned Development document shall be the governing document for development of the Property and in the event of any conflict or inconsistency between any Town Ordinances and this document, the terms and provisions of this Planned Development shall control. This PD document is a vesting document for purposes of Chapter 245 of the Texas Local Government Code. B. Exhibits. Use and development of the Property shall be in general conformance with the following exhibits: 1. Exhibit A-1, Metes & Bounds 2. Exhibit A-2, Survey 3. Exhibit B, Statement of Intent and Purpose 4. Exhibit C, Development Standards 5. Exhibit D, Conceptual Plan 6. Exhibit E, Tentative Development Schedule 7. Exhibit F, Conceptual Elevations 8. Exhibit G, Open Space/Green Space Plan C. Conceptual Plan: Page 218 Item 19. DRAFT 081926 2 1. Development of the Property shall be in general conformance with the Conceptual Plan attached hereto as Exhibit D. General locations of proposed uses are generally shown on the Conceptual Plan. 2. The Director of Development Services or his/her designee may approve a minor amendment to the Conceptual Plan. Minor amendments are limited to minor changes in the Conceptual Plan that otherwise comply with this Planned Development District and do not: a. Alter the basic relationship of the proposed development to adjacent property; b. Alter the uses permitted; c. Increase the density; d. Increase the building height; e. Increase the coverage of the site; f. Reduce the off-street parking ratio; g. Reduce the building lines provided at the boundary of the site; or h. Significantly alter any open space plans. 3. Disapproval of a minor amendment request by the Director may be appealed by the Developer to the Planning and Zoning Commission and reviewed by the Planning and Zoning Commission in accordance with Section 2.05.D of the UDC. 4. All other amendments shall be considered major amendments and will be considered by the Planning and Zoning Commission at a public meeting in accordance with the same procedures and requirements for the approval of a plan. D. Uses: 1. Data Center, as defined in this Section, and its associated accessory uses as listed in this Section, are permitted by right. 2. DATA CENTER means a facility or facilities used to house, operate, maintain and replace from time to time, computer systems and associated components, including but not limited to telecommunications and storage systems, cooling systems, power supplies and systems for managing electrical and mechanical performance, and equipment used for the transformation, transmission, distribution and management of electricity for on-site uses, internet-related equipment, data communications connections, private communication towers, environmental co ntrols and security devices. In addition, uses customarily accessory to a Data Center are permitted by right and may include, but are not limited to the following: Page 219 Item 19. DRAFT 081926 3 a. Antennas b. Backup Generators c. Battery Storage Equipment d. Central Utility Buildings e. Electrical Substations/Switching Stations f. Flow Equalization Basins or Tanks g. Fuel Storage Tanks h. Laydown Yard i. Offices and Office Buildings j. Restroom Buildings k. Security Guardhouses l. Storm Shelters m. Temporary Construction Trailers n. Temporary Utility Services o. Water Holding Tanks E. Development Standards. Development of the Property shall be in general conformance with the Commercial (C) District Regulations set forth in the UDC except as modified herein. 1. Minimum lot dimensions. a. Minimum lot width is 100 feet. b. Minimum lot depth is 100 feet. 2. Front Yard Setback. Minimum 60 feet. 3. Side Yard Setback. Minimum 60 feet. 4. Rear Yard Setback. Minimum 60 feet. 5. Height. Maximum building height is 40 feet. An additional maximum height of 20 feet is allowed for rooftop equipment, which shall be individually screened. 6. Floor to Area Ratio. Maximum 0.5:1. 7. Lot Coverage. Maximum 50%. 8. Parking. a. Required parking for Data Center: 1 space per 10,000 square feet of gross floor area. 9. Enhanced Perimeter Screening Along the South and East Boundaries of the Property adjacent to residentially zoned property. The following Page 220 Item 19. DRAFT 081926 4 screening elements shall be provided along the South and East boundaries of the Property adjacent to residentially zoned properties: In lieu of a six-foot wall along South and East property lines, a 15-foot-wide landscape buffer consisting of an enhanced living screen shall be provided as generally shown on the Open Space/Green Space Plan (“Exhibit G”), and designed as follows (the “Living Screen”): a. Preservation of Existing Vegetation: As shown on Exhibit G, existing vegetation within the landscape setback shall be preserved. Where existing vegetation is healthy, full, and contiguous, no additional landscape buffer elements will be required. b. Primary Canopy Row: A continuous row of canopy trees shall be planted 30 feet on-center within the approximate location as shown on Exhibit G. c. Secondary Canopy Row: A second row of canopy trees, planted 30 feet on center or at a measurement otherwise determined by the Director of Development Services, shall be provided in areas where no existing vegetation provides partial screening within the approximate location as shown on Exhibit G. d. Evergreen Shrub Screening: A continuous row of evergreen shrubs measuring a minimum 5 gallons [] at planting, shall be planted 4 feet on center within the approximate location as shown on Exhibit G. e. Exception: The Living Screen is not required where it would conflict with the following: i. Vehicular drives ingress/egress and associated visibility triangles. ii. Public or private sidewalks, hike and bike trails, and pedestrian paths where they cross the Landscape Buffer. iii. Existing or proposed utility infrastructure and easements. 10. Perimeter Screening Along the North and West Boundaries of the Property, and the South Boundary of the Property not adjacent to residentially zoned property. The following screening elements shall be provided along the North and West boundaries of the Property, and the South boundary of the Property which is not adjacent to residentially zoned property: a. Landscape Buffer: a 15-foot-wide landscape buffer consisting of evergreen shrubs and a row of canopy trees shall be provided as generally shown on the Open Space/Green Space Plan (“Exhibit G”) and as provided below: i. Evergreen Shrubs: The row of evergreen shrubs shall be planted 4 feet on center. Shrubs must reach a minimum height Page 221 Item 19. DRAFT 081926 5 of 36 inches within one year of planting, with a minimum mature height of 6 feet. ii. Canopy Tree Row: The row of canopy trees shall be planted 30 feet on center. b. Exception: the plantings within the Landscape Buffer are not required where they would conflict with the following: i. Vehicular drives ingress/egress and associated visibility triangles. ii. Public or private sidewalks, hike and bike trails and pedestrian paths. iii. Existing or proposed utility infrastructure and easements. 11. Security Fencing. Security fencing may be provided as shown on the Open Space/Green Space Plan (“Exhibit G”) and shall be a minimum height of eight feet and consist of decorative metal, such as tubular steel or wrought iron material. Security fencing, security lighting, and landscape buffer shall be permitted in the Building Setback area, and shall be considered separate and independent improvements from the Perimeter Screening. 12. Exterior appearance of buildings. Data center buildings shall generally comply with the Conceptual Elevations attached hereto as Exhibit F. Elevations and building materials shall be included at the time of Preliminary Site Plan submission. Primary Building Façade Materials are permitted to include pre-cast concrete panels, tilt-up concrete panels, architectural concrete, masonry, brick, stone, sealed and painted split faced concrete block, or comparable materials of equal or higher quality. Secondary Building Façade Materials shall include any Primary Building Façade Material, finished metal panels, or similar materials approved by the Director of Development Services. Each facade shall consist of a minimum of 80% Primary Building Façade Materials. 13. Equipment Screening. a. Ground-mounted mechanical equipment shall be screened by walls, fences, vegetation, or a combination thereof, from view so as not to be visible from adjacent public right-of-way. Screening must be at least as tall as the tallest part of the equipment required to be screened. Vegetative screening shall be predominantly of evergreen trees. b. All roof-mounted equipment shall be screened so as not to be visible from adjacent public-right-of-way. Such screening shall be consistent with the building's façade materials. 14. Open Space. Page 222 Item 19. DRAFT 081926 6 a. A minimum of twelve (12) percent of the lot area is required to be provided as open space and shall be provided in the approximate locations as shown on the Open Space/Green Space Plan (“Exhibit G”). The open space requirement set forth in this Ordinance is the exclusive open space requirement for the development of a Data Center. b. The open space may consist of any element that is not one of the following: i. Vehicular paving ii. Required landscaping iii. Building footprint including the Laydown Yard iv. Required landscape setbacks v. Sidewalks c. Open Space provided for a data center shall provide at least three of the following amenities for occupants of the data center: i. Picnic table, ii. Hydration station, iii. Art/sculpture, iv. Planters with one ornamental tree per planter, v. Landscape areas no less than 50 square feet in area in the aggregate with one ornamental tree per landscape area vi. Enhanced walking trail, vii. Pergola or gazebo area, viii. Shaded seating area, ix. Pedestrian-scaled lighting, or x. Other amenities approved by the Director of Development Services. 15. Hike and Bike Trail: A Hike and Bike Trail, with a minimum width of ten (10) feet, shall be provided as generally shown on the Concept Plan (“Exhibit D”). 16. Noise: The noise standards set forth in this section shall be the exclusive noise standards for development of the Property. Noise levels emanating from a data center shall be limited to 65 decibels (“dBA”) (Hourly Equivalent (Leq) Sound level) at the Property boundary. The measurement of noise levels shall be conducted using an American National Standards Institute (ANSI) Type I Integrating Sound Level Meter over a minimum of 1 hour (60 minutes) in order to determine the hourly equivalent noise level at the Property boundary. This limit shall not apply during bona fide emergency operations, including response to power outages or life ‑safety events, and routine testing of generators provided that any routine testing and maintenance of emergency generators and similar equipment occurs only during daytime hours consistent with applicable local noise regulations. 17. Lighting: All outdoor luminaires shall be full-cutoff, fully shielded fixtures mounted and aimed to direct light downward and into the site so that the light source (bulb or lamp) is not directly visible from any adjacent Page 223 Item 19. DRAFT 081926 7 residentially-zoned property. Full-cutoff, fully shielded security and perimeter lighting directed downward and into the site is permitted within the required setbacks and the Building Setback area, including fixtures mounted on or adjacent to the Security Fencing . A photometric plan demonstrating compliance with this Section and applicable code shall be submitted with the Preliminary Site Plan. Page 224 Item 19. FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLF L FL FL FL FL FL FLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FL FL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLS SFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxF.M. 1385(140' WIDTH R.O.W.)R40'R3' R40' R70' R70' R40' R40'R40' R40' R200' R200' R200' R200' R30' R30' 150'30'55'227.56'40'30'(CALLED 0.404 ACRES) RIGHT OF WAY DEDICATION DOC. NO. 2025-228, P.R.D.C.T. 30' RIGHT OF WAY DEDICATION DOC. NO. 2020-418, P.R.D.C.T.CITY OF AUBREY - CITY LIMITTOWN OF PROSPER - CITY LIMITR10' R10' R50' R50' R40' R40' R20' R50' R50' R20'30'24'24'8'30'30'30'30'24'22'8'40' 30'PROPOSED65' R .O.W . R50'R50' R40' 24' 10' CALLED 191.740 ACRES FRONTIER 191 LANDBANK LLC INST. NO. 2025-125290, O.R.D.C.T. PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. CALLED TRACT 1 23.87 ACRES VEE PROSPER OAKS, LLC INST. NO. 2022-53773, O.R.D.C.T. BLOCK A, LOT 1 BLOCK A, LOT 2 REMAINDER OF CALLED 129.978 ACRES SWISHER PARTNERS, LP DOC. NO. 2004-7927 O.R.D.C.T. PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. BLOCK A, LOT 2 PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. BRAZOS ELECTRIC PARVIN SUBSTATION ADDITION, BLOCK A, LOT 1 DOC. NO. 2020-418 P.R.D.C.T. EXISTING ZONING: A EXISTING LAND USE: AGRICULTURAL EXISTING ZONING: PD-139 EXISTING ZONING: PD-134 EXISTING LAND USE: RESIDENTIAL FUTURE LAND USE: MEDIUM DENSITY RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING LAND USE: AGRICULTURAL EXISTING ZONING: R EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING ZONING: PD-139 EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING ZONING: S-23 A EXISTING LAND USE: SUBSTATION EXISTING ZONING: A EXISTING LAND USE: AGRICULTURAL PROPOSED FUTURE LAND USE: BUSINESS PARK 20'20' 59 5 59 6 59 7 59 8 595596597598597 598 5996 0 0 593594595596597598599 600 582583584585586587588589590591592593594595 596 596597 598 599 589590 591592 593594595 596 597598 590 591 592593594595596 58558658758758758858858958959 6 59 7 5 9 8 5 9 9 6 0 0 6 0 1 5965975985955955 9 6 596597598596 597 598 596596596597598599600601 597598100' TRANSITION240' STORAGE330' DECELERATION LANE116.25'R30' R30' 60' BUILDING SETBACK 60' BUILDING SETBACK60' BUILDING SETBACK15' LANDSCAPE BUFFER15' LANDSCAPE BUFFER15' LANDSCAPE BUFFER15' LANDSCAPE BUFFER 60' BUILDING SETBACK15' LANDSCAPE BUFFERMECHANICAL YARDPROPOSED BUILDING 40' MAX HEIGHT (1 STORY) 60' BUILDING SETBACK 30' FIRELANE, ACCESS, DRAINAGE AND UTILITY EASEMENT 30' FIRELANE, ACCESS, DRAINAGEAND UTILITY EASEMENT10' HIKE AND BIKE TRAIL 10' HIKE AND BIKE TRAIL 50'x50' METERING CABINET TO BE SCREENED (MAX 8') FROM PUBLIC VIEW 50' COSERV EASEMENT PROPOSED DUMPSTER PROPOSED 6' SIDEWALK 15' WATER EASEMENT & STUB W/ FIRE HYDRANT 15' WATER EASEMENT & STUB W/ FIRE HYDRANT 15' WATER EASEMENT & STUB W/ FIRE HYDRANT 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT 15' WATER EASEMENT PROPOSED FIRE HYDRANT PROPOSED FIRE HYDRANT PROPOSED FIRE HYDRANT PROPOSED FIRE HYDRANT 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT & IRR. METER PROPOSED FIRE HYDRANT & DOMESTIC WATER CONNECTION & FIRE WATER CONNECTION. PROPOSED FDC 15' WATER EASEMENT & FIRE HYDRANT 15' WATER EASEMENT 15' WATER EASEMENT & FIRE HYDRANT PROPOSED 10' TRAIL BY OTHERS EXISTING CREEK 15' WATER EASEMENT PROPOSED 8' MECHANICAL YARD MASONRY SCREENING WALL PROPOSED GUARD SHACK PROPOSED GUARD SHACK 5' LANDSCAPE BUFFER PROPOSED 8' SECURITY DECORATIVE METAL FENCE PROPOSED 8' SECURITY DECORATIVE METAL FENCE 9'x20' PARKING STALLS (TYP) 15' LANDSCAPE BUFFER CONSISTING OF AN ENHANCED LIVING SCREEN 15' LANDSCAPE BUFFER CONSISTING OF EVERGREENS SHRUBS AND A ROW OF CANOPY TREES 15' LANDSCAPE BUFFER CONSISTING OF EVERGREENS SHRUBS AND A ROW OF CANOPY TREES 15' LANDSCAPE BUFFER CONSISTING OF EVERGREENS SHRUBS AND A ROW OF CANOPY TREES EX. DRIVE 15' LANDSCAPE BUFFER CONSISTING OF EVERGREENS SHRUBS AND A ROW OF CANOPY TREES PROPOSED 10' TRAIL BY OTHERS EXISTING CANOPY AREA TO BE PRESERVED WHERE POSSIBLE EXISTING CANOPY AREA TO BE PRESERVED WHERE POSSIBLE 598599600601601602602EXIST ING CANOPY AREATO BE PRESERVEDWHERE POSS IBLE 332.15'5935945955 9 6 597598593594594595594595340' DECELERATION LANE65' ROWBY OTHERS240' STORAGE90' TRANSITIONFUTURE LAND USE: BUSINESS PARK AND HIGH DENSITY RESIDENTIAL This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT200 N TRAVIS ST, SUITE 500, SHERMAN, TX 75090PHONE: (903) 258-9416WWW.KIMLEY-HORN.COM TX F-928MJCGDOMDCLAST SAVED7/27/2026 4:34 PMPLOTTED BYOVENS, GABRIELLE (DEANDA) 7/27/2026 4:35 PMDWG PATHK:\SHR_CIVIL\060081400 - PROSPER - TOMAHAWK & 1385\CAD\EXHIBITSDWG NAMECONCEPT PLAN TOMAHAWK.DWG , [ Concept Plan ]IMAGES ProsperLogo :XREFS xBrdr - 24x36 : xBldg : xBndy : xEsmt : xExSite : xHtch : xParcels : xSite : xFloodplain : xUtil : xSite-Adj060081400PROJECT TOMAHAWKPROSPER, TEXAS© 2026 KIMLEY-HORN AND ASSOCIATES, INC.JULY, 2026Not for construction or permit purposes. FOR REVIEW ONLY Engineer P.E. No.Date132972 MICHAEL J. CARLISLE, P.E. 07/27/2026 ZONING PROPOSED USE LOT AREA/ SQ. FT. AND AC BUILDING HEIGHT * (number of stories) MAX HEIGHT = 40' LOT COVERAGE FLOOR AREA RATIO (for non-residential zoning) USABLE OPEN SPACE REQUIRED 1,623,594 SQ. FT. x 12% = 194,831 SQ. FT. (12%) *WITH ADDITIONAL MAX HEIGHT OF 20' FOR ROOFTOP EQUIPMENT *HANDICAP PARKING IS PROVIDED IN ACCORDANCE WITH TAS STANDARDS **BUILDING SQ. FT TO BE DETERMINED AT LATER DATE TOTAL PARKING REQUIRED PD DATA CENTER 1 SPACE PER 10,000 SF OF GROSS FLOOR AREA 1,623,594 SF; 37.273 AC 50% MAX 40' MAX 0.5:1 MAX PLANNED DEVELOPMENT STANDARDS EXHIBIT D -CONCEPTUAL PLANEX D 0 GRAPHIC SCALE 16080 D9-1 Assets, LLC 8794 Markham Drive Frisco, Texas 75035 Phone: (469)-939-5405 Contact: Srinivas Maram Kimley-Horn and Associates, Inc. 200 North Travis Street, #500 McKinney, Texas 75069 Contact: Michael Carlisle, P.E. Phone: (469)-353-6061 LEGEND PROPOSED FIRE LANE PROPOSED BUILDING FL FL PROPOSED ROW/LOT LINE PROPOSED SETBACK OPEN SPACE 1.THE THOROUGHFARE ALIGNMENT SHOWN ON THIS EXHIBIT ARE FOR ILLUSTRATION PURPOSES AND DOES NOT SET THE ALIGNMENT. THE ALIGNMENT IS DETERMINED AT THE TIME OF FINAL PLAT. 2.NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE. ZONING DOES NOT INCLUDE COMPLIANCE WITH TOWN FIRE CODE, NOR DOES IT INCLUDE FIRE ACCESS, FIRE HYDRANTS, AND FIRE LANE ARRANGEMENTS. REVIEW OF THE ZONING DOES NOT GRANT OR OTHERWISE PROVIDE SAID APPROVAL TO THE TOWN FIRE CODE. FULL COMPLIANCE WILL BE REVIEWED DURING PSP AND SP SUBMITTAL, AND MAY REQUIRE THE SITE IS RECONFIGURED AND MODIFIED FROM THAT SHOWN IN THE CONCEPT PLAN AND/OR ZONING EXHIBIT. VICINITY MAP N.T.S. PROJECT LOCATION FM 1385DENTON WAY PARVIN ROAD TOMAHAWK TRAIL FRONTIER PKWY ARROW BROOKE AVE DOE BRANCHFIRE ZONING NOTES NOTES Page 225 Item 19. EXHIBIT "E" ZONE-26-0007 PLANNED DEVELOPMENT DEVELOPMENT SCHEDULE Following compleƟon of the required zoning and permiƫng, construcƟon will begin for the proposed data center building and is anƟcipated to be completed within 12-18 months. Page 226 Item 19. ISSUES REVISIONS ZONE-26-XXXX EXHIBIT F-1 CONCEPTUAL ELEVATIONS TOWN OF PROSPER, DENTON COUNTY, TEXAS SUBMITTED: JUNE 2, 2026 Owner: D9-1 Assets, LLC 8794 Markhan Drive Frisco, Texas 75035 Phone: (469)-939-5405 Contact: Srinivas Maram Prepared by or under the authority of Graham Cannady, Registered Architect, State of Texas. Issued for conceptual design and site plan application review only. Not for building permit, bidding, construction, fabrication, or final code compliance approval.EX F-1 SHEET NUMBER 06/02/2026 SITE PLAN APPLICATION MCM-1 / TW METAL COMPOSITE MATERIAL OR TILT WALL CONCRETE PANELS METAL PANELMP-2 METAL PANELMP-1 ALUMINUM CURTAIN WALL SYSTEM WITH INSULATED GLAZING BUILDING ELEVATIONS - MATERIAL LEGEND CW METAL COMPOSITE MATERIAL PANEL - WOOD LOOKMCM-2 SOUTH ELEVATION NORTH ELEVATION WEST ELEVATION EAST ELEVATION SCALE: 1/32” = 1’-0” SCALE: 1/32” = 1’-0” SCALE: 1/32” = 1’-0” SCALE: 1/32” = 1’-0” 45'-0" TOP PARAPET 34'-0" OFFICE ROOF 45'-0" TOP PARAPET 40'-0" ROOF 34'-0" OFFICE ROOF40'-0" ROOF 54'-0" MECH. SCREEN 54'-0" MECH. SCREEN ZONE-26-0007 JULY 27, 2026 Page 227 Item 19. ISSUESREVISIONSZONE-26-XXXXEXHIBIT F-2CONCEPTUAL RENDERINGSTOWN OF PROSPER, DENTON COUNTY, TEXASSUBMITTED: JUNE 2, 2026Owner:D9-1 Assets, LLC8794 Markhan DriveFrisco, Texas 75035Phone: (469)-939-5405Contact: Srinivas MaramPrepared by or under the authority ofGraham Cannady, Registered Architect, Stateof Texas. Issued for conceptual design and siteplan application review only. Not for buildingpermit, bidding, construction, fabrication, orfinal code compliance approval.EX F-2SHEET NUMBEREXHIBIT F-2 CONCEPTUAL RENDERINGS PROJECT TOMAHAWK PROSPER, TEXAS DATE JUNE 2, 2026 SCALE: AS SHOWN SITE PLAN APPLICATION06/02/2026View from FM1385View of Main Entry / OfficeZONE-26-0007JULY 27, 2026Page 228Item 19. FL FL FL FL FLFLFLFLFLFLFLFLFL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLWWWWWWS WX X X X X X X X X X X X X X X X X X X X X X X X X XXXXXXXXXXXX XXXXXXXXXXXXXXXXXXXXOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHEFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFL FL FL FL FL FLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFLFL\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \\ \\ \\ \\ \\ \ \ \ \ \ \ \\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\ \\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ 60' BUILDING SETBACK 60' BUILDING SETBACK 60' BUILDING SETBACK60' BUILDING SETBACK15' LANDSCAPE BUFFER15' LANDSCAPE BUFFER15' LANDSCAPE BUFFERPARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. BLOCK A, LOT 1 EXISTING ZONING: A EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES BLOCK A, LOT 2 PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. EXISTING ZONING: A EXISTING LAND USE: AGRICULTURAL PROPOSED FUTURE LAND USE: BUSINESS PARK BLOCK A, LOT 2 PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. EXISTING ZONING: A EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES PROPOSED DATA CENTER EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL PROPERTY LINE PROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINE PROPERTY LINEPROPERTY LINEPROPERTY LINEMECHANICAL YARD MECHANICAL YARD 30' FIRELANE, ACCESS, DRAINAGE AND UTILITY EASEMENT 30' FIRELANE, ACCESS,DRAINAGE AND UTILITYEASEMENT50' COSERV EASEMENT PROPOSED DUMPSTER PROPOSED 6' SIDEWALK (REF. CIVIL) 15' WATER EASEMENT 15' WATER EASEMENT EXISTING CREEK WATER EASEMENT EXISTING TREES & VEGETATION TO REMAIN SECURITY FENCE -8' MINIMUM -TUBULAR STEEL OR WROUGHT IRON BUILDING LANDSCAPE: 1 LARGE TREE / 10000 SQFT OF GROSS BUILDING AREA RIGHT OF WAY LANDSCAPE: -1 LARGE TREE / 30 LF OF FRONTAGE -15 SHRUB / 30 LF OF FRONTAGE CONTIGUOUS LIVING SCREEN COMPOSED OF: -EXISTING VEGETATION -EVERGREEN SHRUBS -EVERGREEN CANOPY TREES SECURITY FENCE -8' MINIMUM -TUBULAR STEEL OR WROUGHT IRON 15' LANDSCAPE BUFFER 5' LANDSCAPE BUFFER @ DUMPSTER 50'x50' METERING CABINET TO BE SCREENED FROM ROW BY WALLS, FENCES, VEGETATION AS NEEDED GUARD SHACK DECORATIVE GRAVEL DECORATIVE GRAVEL GUARD SHACK PERIMETER LANDSCAPE BUFFER: -CANOPY TREES -EVERGREEN SHRUBS 60' BUILDING SETBACK15' LANDSCAPE BUFFER60' BUILDING SETBACK 15' LANDSCAPE BUFFER 60' BUILDING SETBACK15' LANDSCAPE BUFFEREXISTING TREES & VEGETATION TO REMAIN EXISTING TREES & VEGETATION TO REMAIN CONTIGUOUS LIVING SCREEN COMPOSED OF: -EXISTING VEGETATION -EVERGREEN SHRUBS -EVERGREEN CANOPY TREES CALLED 191.740 ACRES FRONTIER 191 LANDBANK LLC INST. NO. 2025-125290 O.R.D.C.T. EXISTING ZONING PD-134 EXISTING LAND USE: RESIDENTIAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL BRAZOS ELECTRIC PARVIN SUBSTATION ADDITION, BLOCK A, LOT 1 DOC.NO. 2020-418 P.R.D.C.T. EXISTING ZONING: S-23 A EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES SYMBOL COMMON / BOTANICAL NAME CANOPY TREES Deciduous Tree / Deciduous Tree / Deciduous Tree / Evergreen Tree / Evergreen Tree / SHRUBS Burford Holly / Ilex cornuta 'Burfordii' Dwarf Wax Myrtle / Morella cerifera 'Pumila' SYMBOL COMMON / BOTANICAL NAME GROUND COVERS Groundcover Bermuda Hydromulch / Bermuda Hydromulch Bermudagrass / Cynodon dactylon HARDSCAPE Decorative Gravel PLANT SCHEDULE LEGEND: OPEN SPACE AREA 10' PEDESTRIAN TRAIL This document, together with the concepts and designs presented herein, as an instrument of service, is intended only for the specific purpose and client for which it was prepared. Reuse of and improper reliance on this document without written authorization and adaptation by Kimley-Horn and Associates, Inc. shall be without liability to Kimley-Horn and Associates, Inc.BYDATEAS SHOWNREVISIONSNo.DATESHEET NUMBER CHECKED BYSCALEDESIGNED BYDRAWN BYKHA PROJECT200 N TRAVIS ST, SUITE 500, SHERMAN, TX 75090PHONE: (903) 258-9416WWW.KIMLEY-HORN.COM TX F-928HPDCGCHPDLAST SAVED7/27/2026 5:03 PMPLOTTED BYDIRKS, HARRISON 7/27/2026 5:03 PMDWG PATHK:\MKN_LALP\_PROJECTS\060081400 - PROSPER TOMAHAWK\CAD\SHEETSDWG NAMEL1.01 OVERALL PLAN.DWG , [ L1.01 OVERALL PLAN ]IMAGES Frisco Logo - BW No Shadow :XREFS xBldg : xBndy : xSite : xStrm : xSurv : xUtil : xSite-MKN-CIVIL : xAnno : xPlant : xBrdr - 24x36 : xEsmt : xFloodplain : xHtch060081400PROJECTTOMAHAWKPROSPER, TEXAS© 2026 KIMLEY-HORN AND ASSOCIATES, INC.JULY, 202607/27/2026 FOR REVIEW ONLY Not for construction or permit purposes P.L.A. L.A. No.Date Harrison P. Dirks 4114 D9-1 Assets, LLC 8794 Markham Drive Frisco, Texas 75035 Phone: (469)-939-5405 Contact: Srinivas Maram Kimley-Horn and Associates, Inc. 200 North Travis Street, #500 McKinney, Texas 75069 Contact: Michael Carlisle, P.E. Phone: (469)-353-6061 0'60'120' Scale: 1" = 60'-0"NORTH Open Space & Landscape Plan AScale: 1" = 60'-0"L1.01EXHIBIT G - OPEN SPACEAND LANDSCAPE PLANNOTE: ALL PLANT SPECIES SHALL BE SELECTED FROM THE TOWN OF PROSPER PLANT LIST.CASE NUMBER: ZONE-26-0007Page 229 Item 19. DEVAGRE-26-0011 Page 1 of 15 PROJECT TOMAHAWK DEVELOPMENT AGREEMENT THIS PROJECT TOMAHAWK DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and D9-1 Assets LLC (“Developer”), individually, a “Party” and collectively, the “Parties,” to be effective (the “Effective Date”) on the latest date executed by a Party. WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and Denton County, Texas, organized and existing under the laws of the State of Texas; and WHEREAS, Developer is developing a project in the Town known as Project Tomahawk (“Property”), a legal description of which Property is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, the Property was rezoned by the Town Council on or about _______, 2026, and this Agreement seeks to incorporate, in part, the negotiated and agreed upon development standards contained in the underlying zoning ordinance, as may be amended, and/or this Development Agreement, to recognize Developer ’s reasonable investment-backed expectations in said development, as may be amended, and as more fully described herein. NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties to this Agreement agree as follows: 1. Development Standards. For any structure built on the Property following the Effective Date, it shall comply with the requirements contained in Exhibit B, “Building Materials,” attached hereto and incorporated herein. The Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously or in the future. 2. Covenant Running with the Land. The terms, conditions, rights, obligations, benefits, covenants and restrictions of the provisions of this Agreement shall be deemed covenants running with the land, and shall be binding upon and inure to the benefit of the Developer and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be incorporated into each deed and conveyance of the Property or any portion thereof hereafter made by any other Developers of the Property, regardless of whether this Agreement is expressly referenced therein. Page 230 Item 19. DEVAGRE-26-0011 Page 2 of 15 3. Maintenance of Landscape Areas. A. Developer agrees to maintain all Landscape Areas (including all vegetation) on the Property, as referenced and/or depicted in the applicable zoning ordinance, as amended, free of weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter, as defined in Article 6.03 of Chapter 6 of the Town’s Code of Ordinances, as amended. Further, Developer agrees that landscape maintenance obligations referenced herein include mulching of Landscape Areas, prompt replacement of dead or dying vegetation with new vegetation, mowing of Landscape Areas, where required, and other routine and regular maintenance of plants and other vegetation. B. In the event that any Landscape Area or plants or vegetation is/are not properly maintained in accordance with this Agreement, the Town may give written notice to Developer of such failure to maintain and Developer shall promptly address such failure, taking into account the type(s) and species of such plants and vegetation and applicable planting cycles of same. After such notice, and Developer’s failure to address same, Developer agrees and acknowledges that the Town shall have the right to go onto Developer’s property and replace, replant or otherwise address such failure to maintain any Landscape Area or plants or vegetation, with an invoice of costs incurred by the Town being promptly provided by the Town to Developer. In the event Developer does not pay such invoice within thirty (30) days of receipt by Developer, the Town may file a lien on the Property for the costs it incurred for the work done, including a reasonable administrative fee. Any failure to maintain any Landscape Area, plants or vegetation shall not be considered a default in accordance with Paragraph 7 of this Agreement, and any obligations referenced in said Paragraph shall not be applicable to this Paragraph 2. C. Notwithstanding any provision in this Paragraph to the contrary, the Town specifically reserves the right to take enforcement action and/or file a complaint against Developer in the Town’s municipal court (or other appropriate forum) relative to weeds, tall grass, rubbish, brush and other objectionable, unsightly or unsanitary matter on the Property, in accordance with Article 6.03 of Chapter 6 of the Town ’s Code of Ordinances, as amended. 4. Periodic Review of the Property’s Zoning by the Town Council. The Town Council reserves the right to periodically review the progress and/or scope of development of the Property pursuant to the terms of any zoning regulations applicable to the Property, and in the event any amendment(s) or revi sion(s) to said zoning regulations are deemed reasonably appropriate and have the written approval of the Developer, the Town may provide appropriate notices for Town consideration of same, pursuant to the provisions of Chapter 211 of the Texas Local Gove rnment Code, as amended, and the Town’s Zoning Ordinance, as amended. Page 231 Item 19. DEVAGRE-26-0011 Page 3 of 15 5. Certain Business Establishments Prohibited. Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property any of the following business establishments: (1) credit access businesses, as defined in Texas Finance Code § 393.601, as amended, including but not limited to payday lending businesses, “cash for title” lenders, and credit services businesses, as defined in Texas Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke or vape shops; (4) any business entity that sells drug paraphernalia; (5) any business establishment offering gaming or slot machines; (6) sex shops, including but not limited to business entities whose primary purpose is the sale of lewd merchandise; (7) pawn shops; and (8) business entities which primarily utilize outdoor storage or displays. Additionally, Developer agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on the Property a package liquor store, which for purposes of this Agreement is defined as any business entity that is required to obtain a Package Store Permit (P) from the Texas Alcoholic Beverage Commission for the off -premises consumption of alcohol. 6. Applicability of Town Ordinances. Developer shall develop the Property, and construct all structures on the Property, in accordance with all applicable Town ordinances and building/construction codes. 7. Default. No Party shall be in default under this Agreement until notice of the alleged failure of such Party to perform has been given (which notice shall set forth in reasonable detail the nature of the alleged failure) and until such Party has been given a reasonable time to cure the alleged failure (such reasonable time determined based on the nature of the alleged failure, but in no event less than thirty (30) d ays after written notice of the alleged failure has been given). In addition, no Party shall be in default under this Agreement if, within the applicable cure period, the Party to whom the notice was given begins performance and thereafter diligently and continuously pursues performance until the alleged failure has been cured. If either Party is in default under this Agreement, the other Party shall have the right to enforce the Agreement in accordance with applicable law, provided, however, in no event shall any Party be liable for consequential or punitive damages 8. 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 Denton County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Denton County, Texas. 9. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”) shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: Page 232 Item 19. DEVAGRE-26-0011 Page 4 of 15 If to the Town: The Town of Prosper 250 W. First Street Prosper, Texas 75078 Attention: Town Manager If to Developer: D9-1 Assets LLC Srinivas Maram 8794 Markham Drive Frisco, TX 75035 10. 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). 11. Entire Agreement. This Agreement contains the entire agreement between the Parties hereto with respect to development of the Property and supersedes all prior agreements, oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall be construed as a whole and not strictly for or against any Party. 12. Savings/Severability. In the event any provision of this Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 13. Binding Agreement. A telecopied facsimile of a duly executed counterpart of this Agreement shall be sufficient to evi dence the binding agreement of each party to the terms herein, including without limitation a scanned copy sent via electronic mail by either Party. 14. Authority to Execute. This Agreement shall become a binding obligation on the Parties upon execution by all Parties hereto. The Town warrants and represents that the individual executing this Agreement on behalf of the Town has full authority to execute this Agreement and bind the Town to the same. Developer warrants and represents that the individual executing this Agreement on behalf of Developer has full authority to execute this Agreement and bind Developer to the same. The Town Council hereby authorizes the Town Manager of the Town to execute this Agreement on behalf of the Town. Page 233 Item 19. DEVAGRE-26-0011 Page 5 of 15 15. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Denton County, Texas. 16. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 17. Notification of Sale or Transfer; Assignment of Agreement. Developer shall notify the Town in writing of any sale or transfer of all or any portion of the Property, within ten (10) business days of such sale or transfer. Developer has the right (from time to time without the consent of the Town, but upon written notice to the Town) to assign this Agreement, in whole or in part, and including any obligation, right, title, or interest of Developer under this Agreement, to any person or entity (an “Assignee”) that is or will become a Developer of any portion of the Property or that is an entity that is controlled by or under common control with Developer. Each assignment shall be in writing executed by Developer and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy of each assignment shall be provided to the Town within ten (10) business days after execution. Provided that the successor Developer assumes the liabilities, responsibilities, and obligations of the assignor under this Agreement, the assigning party will be released from any rights and obligations under this Agreement as to the Property that is the subject of such assignment, effective upon receipt of the assignment by the Town. No assignment by Developer shall release Developer from any liability that resulted from an act or omission by Developer that occurred prior to the effective date of the assignment. Developer shall maintain true and correct copies of all assignments made by Developer to Assignees, including a copy of each executed assignment and the Assignee’s Notice information. 18. Sovereign Immunity. The Parties agree that the Town has not waived its sovereign immunity from suit by entering into and performing its obligations under this Agreement. 19. 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. Page 234 Item 19. DEVAGRE-26-0011 Page 6 of 15 20. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. 21. Counterparts. This Agreement may be executed in a number of identica l counterparts, each of which shall be deemed an original for all purposes. A facsimile signature will also be deemed to constitute an original. 22. Amendment. This Agreement shall not be modified or amended except in writing signed by the Parties. A copy of each amendment to this Agreement, when fully executed and recorded, shall be provided to each Party, Assignee and successor Developer of all or any part of the Property; however, the failure to provide such copies shall not affect the validity of any amendment. 23. 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. 24. Waiver of Texas Government Code § 3000.001 et seq. With respect to any and all Structures to be constructed on the Property pursuant to this Agreement, Developer hereby waives any right, requirement or enforcement of Texas Government Code §§ 3000.001-3000.005, as amended. 25. 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. 26. Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated pu rsuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property is roughly proportional to the need for such land and Developer hereby waives any claim therefor that it may have. Developer further ackn owledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Both Developer and the Town further agree to waive and release all claims one may have against the other related to any and all rough proportionality and individual determination requirements mandated by the United States Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements of a nexus between development conditions and the provision of roadway services to the Property. Page 235 Item 19. DEVAGRE-26-0011 Page 7 of 15 27. Exactions/Infrastructure Costs. Developer has been represented by legal counsel in the negotiation of this Agreement and been advised or has had the opportunity to have legal counsel review this Agreement and advise Developer, regarding Developer’s rights under Texas and federal law. Developer hereby waives any requirement that the Town retain a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that the exactions required by the Town are roughly proportional or roughly proportionate to the proposed development’s anticipated impact. Developer specifically reserves its right to appeal the apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local Government Code; however, notwithstanding the foregoing, Developer hereby releases the Town f rom any and all liability under § 212.904 of the Texas Local Government Code, as amended, regarding or related to the cost of those municipal infrastructure requirements imposed by this Agreement. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 236 Item 19. DEVAGRE-26-0011 Page 8 of 15 IN WITNESS WHEREOF, the parties hereto have caused this document to be executed as of the date referenced herein. TOWN: THE TOWN OF PROSPER, TEXAS By: ___________________________ Name: Mario Canizares Title: Town Manager, Town of Prosper STATE OF TEXAS ) ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the ___ day of ______________, 2026, by Mario Canizares, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas. ____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 237 Item 19. DEVAGRE-26-0011 Page 9 of 15 DEVELOPER: D9-1 ASSETS LLC By: _____________________________ Name: Srinivas Maram Title: ____________________________ STATE OF TEXAS ) ) COUNTY OF ________ ) This instrument was acknowledged before me on the ___ day of _______________, 2026, by Srinivas Maram on behalf of D9-1 Assets LLC, known to be the person whose name is subscribed to the foregoing instrument, and that he executed the same on behalf of and as the act of Developer. ____________________________________ Notary Public, State of Texas My Commission Expires: _________________ Page 238 Item 19. DEVAGRE-26-0011 Page 10 of 15 EXHIBIT A (Property Description & Depiction) Page 239 Item 19. DEVAGRE-26-0011 Page 11 of 15 Page 240 Item 19. DEVAGRE-26-0011 Page 12 of 15 Page 241 Item 19. DEVAGRE-26-0011 Page 13 of 15 EXHIBIT B (Building Design and Materials) EXTERIOR APPEARANCE OF BUILDINGS: A. Architectural Standards 1. The architectural style requirements are to be provided in accordance with the Design Standards for Industrial, Wholesale, and Institutional Development of the Town of Prosper’s Unified Development Code, Article 2, Section 2.15.D as it exists or may be amended. All buildings are to be in accordance with the building material requirements below: a. Primary materials shall comprise a minimum of 80% of each façade and are defined as architectural concrete, brick, split faced concrete block (sealed and painted), concrete panels (pre-cast and tilt-up), masonry, stone, and comparable materials of equal or higher quality. b. Secondary materials shall comprise a maximum of 20% of a building and are defined as finished metal panels, any primary building material, and similar materials approved by the Director of Development Services . Page 242 Item 19. DEVAGRE-26-0011 Page 14 of 15 Page 243 Item 19. DEVAGRE-26-0011 Page 15 of 15 Page 244 Item 19. Project Tomahawk Prosper, Texas 1 | P a g e Project Narrative July 24, 2026 Data centers are the physical homes of the internet, and their development is now critical to both the U.S. economy and national security. These specialized facilities house computer systems, servers, networking equipment, and electrical infrastructure to securely store, process, and manage digital data and applications. Interconnected by flber optic cables across the globe, data centers ensure reliable access to information for everything from video streaming to banking to navigating around town. They house the flber optic cables that process all internet traffic and transactions that support our daily lives and economy. Uninterrupted operation is a core tenet of a data center, given the critical systems that depend on it, from processing credit card transactions to accessing healthcare data. Both state and federal governments have identifled the build -out of data center infrastructure as a critical priority. Project Tomahawk (the “Project”) will be developed as an attractive, state-of-the-art data center facility designed to minimize any impact on surrounding properties. Conceptual elevations and renderings can be found in Exhibits A and B, respectively. Acoustic Mitigation Data centers utilize mechanical equipment, such as chillers and fans for cooling and backup generators for emergency power, which can emit sound during operation. The Project will implement several mitigation methods to minimize impact on surrounding properties and comply with all applicable federal and state regulations. Together, these methods will keep sound impact negligible for neighboring properties: state-of-the-art equipment with internal sound-dampening features; physical sound barriers around all exterior equipment to reduce transmission; and landscape buffers, including mature trees and shrubs, for both sound and aesthetics. Kimley-Horn, an engineering consultancy, produced a comprehensive sound study. Ambient sound levels were measured at the property over a 24-hour period; existing average levels ranged between 59.7 and 70.8 dB(A) (Exhibit C). Exhibit D relates dB(A) to common noise sources. The acoustic engineer then developed a model that projected conditions once the data center is built. The model factors in typical equipment used, screening and buffering, and the site’s distinct features. The study shows that the Project will have a negligible impact on surrounding uses. Projected sound levels, even in a worst-case scenario where 100% of the backup generators are running, remain below the current averages observed on the site (Exhibit E). Page 245 Item 19. Project Tomahawk Prosper, Texas 2 | P a g e Maintenance testing for backup generators consists of brief exercise runs of individual or small groups and never at night. Typical annual maintenance and testing run hours for each generator are considerably less than the 100 hours per calendar year allowed under federal regulations.1 Emergency utility outages, which are rare, are the only events that require more extended operation. Projected Utility Use The proposed data center is designed with sustainability and ecological responsibility at its core. The facility will utilize advanced energy- and water-efficient cooling systems and a high- performance building envelope to signiflcantly reduce power consumption. Water conservation measures will include a closed-loop cooling system, which functions much like an automobile’s radiator: fllled once and rarely requiring topping off or fiushing if properly maintained. Extensive landscaping will incorporate native, drought-tolerant plantings to support local biodiversity. These strategies minimize the Project's environmental footprint and support long-term ecological sustainability. Electricity: Project Tomahawk has submitted a request to CoServ for utility power. CoServ has indicated there is capacity to service the site with the addition of minimal upgrades paid for by Project Tomahawk. Upgrades to the adjacent substation will increase the system's reliability by adding redundancy to the grid, beneflting all CoServ customers in the region. Water and Sewer: Project Tomahawk’s state-of-the-art design will include systems such as closed-loop cooling and efficient flxtures to ensure minimal impact on the community’s resources. This contrasts with evaporative cooling equipment sometimes used in industrial or legacy data center facilities. Legacy data centers that rely solely on evaporative cooling use considerably more water than newer closed-loop technology, leading to public misconceptions about data centers’ impact on communities. Project Tomahawk will use newer, more efficient closed-loop technology. Project Tomahawk’s preliminary water usage calculations are based on conceptual design and equipment. A one-time initial flll of approximately 425,000 gallons is engineered to be a non- recurring commissioning event. Should the Town of Prosper’s Water Division elect not to supply 1 Standards of Performance for Stationary CI Internal Combustion Engines, 40 C.F.R. § 60.4211(f). Available at https://www.ecfr.gov/current/title- 40/section-60.4211. Page 246 Item 19. Project Tomahawk Prosper, Texas 3 | P a g e water for the initial flll, water can be purchased and trucked in from commercial water vendors elsewhere in the region rather than drawing on municipal supplies. Upon completion of the initial flll, ongoing operations are expected to require approximately 110,000 gallons per year, driven primarily by domestic water use for sinks, bathrooms, and kitchens, as well as humidiflcation of the data hall area. The Town of Prosper dictates the amount of water made available for the Project to utilize, and Project Tomahawk must design the facility around that available capacity. The Town of Prosper publishes an official, adopted engineering assumption for the water demand of a single-family detached home. Table 2.1 of Section 2 (Water System Design Requirements) of the Town’s Engineering Design Standards directs that Maximum Daily Demand for single-family land use be calculated as “3.5 persons per lot x 200 gallons per person per day.”2 Applying the Town’s stated formula, the Maximum Daily Demand used to size water infrastructure for one single-family lot is 700 gallons per day (3.5 × 200). The United States Environmental Protection Agency (EPA) states that “the average American family uses more than 300 gallons of water per day at home.”3 Project Tomahawk is estimated to use 110,000 gallons per year for the total building, which equals approximately 301 gallons per day on an average basis - about 43% of the 700 gpd maximum-day design demand Prosper assigns to a single home, and approximately the annual water use of one average American household under the EPA figure. The initial, non- recurring flll of approximately 425,000 gallons is approximately 65% of the water required to flll a standard Olympic-size swimming pool. 2 Town of Prosper, Texas, Engineering Design Standards, Section 2 – Water System Design Requirements, § 2.09 & Table 2.1 ("Maximum Daily Demand Calculation"), at 2-4 to 2-5, https://www.prospertx.gov/DocumentCenter/View/884/Water-System-Design-Requirements-PDF (last visited July 20, 2026) (specifying single-family demand of "3.5 persons per lot x 200 gallons per person per day"). 3 U.S. Environmental Protection Agency, WaterSense, How We Use Water, https://www.epa.gov/watersense/how-we-use-water (last updated Aug. 22, 2025) ("The average American family uses more than 300 gallons of water per day at home. Roughly 70 percent of this use o ccurs indoors."). Page 247 Item 19. Project Tomahawk Prosper, Texas 4 | P a g e Exhibit A: Shows conceptual elevations for Project Tomahawk dated July 2, 2026. Page 248 Item 19. Project Tomahawk Prosper, Texas 5 | P a g e Exhibit B: Shows a rendering of Project Tomahawk dated July 2, 2026. Page 249 Item 19. Project Tomahawk Prosper, Texas 6 | P a g e Exhibit C: Below are a table and a map from the sound study by Kimley-Horn dated July 23, 2026, showing the existing acoustic conditions for Project Tomahawk. Ambient sound levels were measured at two locations on and near the property over a 24-hour period from June 29 to June 30, 2026: one on the northeast boundary of the site and one to the southwest near the existing electric substation. The measured 24-hour average (Leq, the equivalent continuous sound level) existing sound levels were approximately 70.8 dB(A) at the location near the substation and 59.7 dB(A) at the northeast site boundary. Page 250 Item 19. Project Tomahawk Prosper, Texas 7 | P a g e Exhibit D: Shows a diagram from Kimley-Horn that relates dB(A) to common noise sources. The range of dB(A) shown in Exhibit E is 41.7 to 55. In the diagram below, that range includes one noise source: a refrigerator. Page 251 Item 19. Project Tomahawk Prosper, Texas 8 | P a g e Exhibit E: The map below shows decibel levels at various locations under emergency operation, in which 100% of the backup generators are operating. The map shows sound levels in this scenario below existing ambient acoustic conditions at the site boundary. Please note the comparison to the existing ambient sound levels shown in Exhibit C, which are higher than those at all locations shown below. Page 252 Item 19. Agenda Item Conduct a Public Hearing and consider and act upon a request for a rezoning from Agricultural to a Planned Development for a Data Center on a portion of Parvin 1385 Addition, Block A, Lot 2, on 37.3± acres, located 1,590± feet south of Parvin Road and 855± feet east of FM 1385. (ZONE-26-0007) Page 253 Item 19. Aerial Map Page 254 Item 19. Proposal Purpose: •Rezone the property from Agricultural to a Planned Development for a Data Center. Location: •The proposed development will be located behind the Brazos substation and development to the north (Planned Development-139) that front FM 1385. Page 255 Item 19. Surrounding Zoning Zoning Current Land Use Future Land Use Plan Subject Property Agricultural Vacant High Density Residential and Retail and Neighborhood Services North Planned Development-139 (Commercial) Vacant Retail and Neighborhood Services East Planned Development-134 (Single Family-10 and Single Family-12.5) Vacant Medium Density Residential South Agricultural Vacant Business Park and High Density Residential West Agricultural and Specific Use Permit-23 Utility (Brazos Substation) Retail and Neighborhood Services Page 256 Item 19. Zoning Map Page 257 Item 19. Future Land Use Plan Current Designation: •High Density Residential •Retail and Neighborhood Services Proposed Designation: •Business Park Page 258 Item 19. Future Land Use Plan Map Page 259 Item 19. Conceptual Plan Page 260 Item 19. District Regulations Proposed Regulations (Development Standards)Commercial District (Unified Development Code) Size of Yards Front: 60’ Side: 60’ Rear: 60’ Front: 30’ Side: 0’ (Attached, Separate Lots) 15’ (Adj. to Commercial) 30’ (Adj. to Thoroughfare) 40’ (1-Story Adj. to Residential) 60’ (2-Story Adj. to Residential) Rear: 0’ (Attached, Separate Lots) 15’ (Adj. to Commercial) 40’ (1-Story Adj. to Residential) 60’ (2-Story Adj. to Residential) Size of Lots Area: 10,000 SF Width: 100’ Depth: 100’ Area: 10,000 SF Width: 100’ Depth: 100’ Maximum Height Height: 40’ (Additional 20’ for Rooftop Equipment)Height: 40’ Lot Coverage Maximum: 50%Maximum: 50% Floor Area Ratio Maximum: 0.5:1 Maximum: 0.5:1 Page 261 Item 19. District Regulations Deviations: •Increase in Front Yard Setback (30’ to 60’) •Increase in Side Yard Setback (40’ to 60’) •Increase in Rear Yard Setback (40’ to 60’) Page 262 Item 19. Building Materials Primary Materials (Min. of 80%): •Architectural Concrete •Brick •Concrete Panels (Pre-Cast and Tilt-Up) •Masonry •Split Faced Concrete Block (Painted and Sealed) •Stone Secondary Materials (Max. of 20%): •Finished Metal Panels •Primary Building Materials •Similar Materials (Approved by Director of Development Services)Page 263 Item 19. Page 264 Item 19. Page 265 Item 19. Landscaping Proposed Regulations (Development Standards)Town Regulations (Unified Development Code) North (Adj. to Commercial) Width: 15’ Trees: One 3” Caliper every 30 Feet Shrubs: One 5-Gallon every 4 Feet Width: 5’ Trees: One Small Tree every 15 Feet Shrubs: One 5-Gallon every 15 Feet East (Adj. to Residential) Width: 15’ Trees: One 3” Caliper every 30 Feet (Double Row – Living Screen) Shrubs: One 5-Gallon every 4 Feet Width: 15’ Trees: One 3” Caliper every 30 Feet (Double Row – Living Screen) South (Adj. to Residential) Width: 15’ Trees: One 3” Caliper every 30 Feet (Double Row – Living Screen) Shrubs: One 5-Gallon every 4 Feet Width: 15’ Trees: One 3” Caliper every 30 Feet (Double Row – Living Screen) West (Adj. to Commercial) Width: 15’ Trees: One 3” Caliper every 30 Feet Shrubs: One 5-Gallon every 4 Feet Width: 5’ Trees: One Small Tree every 15 Feet Shrubs: One 5-Gallon every 15 Feet Page 266 Item 19. Page 267 Item 19. Landscaping Deviations: •Increase in Landscaping Buffer Adj. to Commercial (5’ to 15’) •Higher Frequency of Shrubs Adj. to Commercial (Every 15’ to Every 4’) •Addition of Shrubs within Living Screen Adj. to Residential (Every 4’ in addition to Double Row of Trees) Page 268 Item 19. Open Space and Amenities Open Space: •Minimum of 12 percent of open space required for the proposed development. Amenities (Min. of Three): •Art/Sculpture •Enhanced Walking Trail •Gazebo or Pergola Area •Hydration Station •Landscape Areas •Pedestrian-Scaled Lighting •Picnic Table •Planters with One Ornamental Tree per Planter •Shaded Seating Area Page 269 Item 19. Screening Living Screen: •Existing tree line adjacent to Prosper Oaks that will be utilized in addition to a double row of plantings. Masonry Wall: •Eight-foot masonry wall installed at rear of building to screen generators. Page 270 Item 19. Externalities Electricity: •Proposed development will be responsible for all upgrades needed for power consumption. Water: •Proposed development will consume less than half of the water used in a single-family home. Sound: •Proposed Development: 41.7 – 55 dB(A) •Vacant Site: 59.7 – 70.8 dB(A)Page 271 Item 19. Frontage and Traffic Frontage: •Proposed 65-foot right-of-way section being constructed as part of the Volleys Village development will provide frontage for this site. Traffic: •Proposed development will produce a lower trip generation than potential development based on Future Land Use Plan. Page 272 Item 19. Development Process Page 273 Item 19. Recommendation Noticing: •Friday, August 21st •37 Responses (34 in Opposition and 3 in Support) Recommendation: •Town Staff recommends approval of the Planned Development. Town Council Date: •Tuesday, September 8th Page 274 Item 19. Applicant Presentation Page 275 Item 19. Public Hearing Page 276 Item 19. Page 277 Item 19. Discussion Page 278 Item 19. Page 1 of 4 To: Mayor and Town Council From: David Hoover, AICP, Director of Development Services Through: Mario Canizares, Town Manager Chuck Ewings, Assistant Town Manager Re: Comprehensive Plan Amendment for Project Tomahawk Town Council Meeting – September 8, 2026 Strategic Visioning Priority: Ensure the Town's Commercial Corridors are Ready for Development Agenda Item: Conduct a Public Hearing and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential and Retail and Neighborhood Services to Business Park, on 37.3± acres, located 1,590± feet south of Parvin Road and 855± feet east of FM 1385. (COMP- 26-0001) Description of Agenda Item: The purpose of this request is to amend the Future Land Use Plan from High Density Residential and Retail and Neighborhood Services to Business Park to allow for a data center. The development is a commercial use that is incompatible with a residential Future Land Use designation and incompatible with the typical uses anticipated for areas designated as Retail and Neighborhood Services. Rezoning requests, which do not conform to the Future Land Use Plan, shall be accompanied by a request to amend the Future Land Use Plan. The Comprehensive Plan document anticipates the Town will encounter “development proposals that do not directly reflect the purpose and intent of the land use pattern as shown on the Future Land Use Plan map.” Land use districts designated on the Future Land Use Plan are intended to depict general areas where land uses are considered appropriate for an area, and such districts are not intended to be parcel specific. If the Planning and Zoning Commission and Town Council believe the property is more appropriately classified as Business Park on the Future Land Use Plan, then it would be appropriate to reclassify the property. PLANNING Page 279 Item 20. Page 2 of 4 Comprehensive Factors: Changes in overall development patterns that deviate from the Future Land Use Plan’s recommendations could impact the ultimate capacity of the community. The Future Land Use Plan states, “it should be incumbent upon the applicant making such a proposal to provide evidence that the proposal meets the aforementioned considerations, supports community goals and objectives as set forth within this Plan, and represents long term economic and/or social benefits for the community as a whole, not just a short-term financial gain for whoever is developing the project.” The Future Land Use Plan recommends that “development proposals that are inconsistent with the Future Land Use Plan map (or that do not meet its general intent)” should be reviewed based on the following questions and should be reviewed on their own merit. The responses from the applicant to each criterion are listed below: 1. Will the proposed change enhance the site and the surrounding area? “Yes. The proposal will include an aesthetically well-designed building, significant tree plantings and landscaping, a ten-foot hike and bike trail through the property which will be available for public enjoyment, and proper screening and setbacks.” 2. Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map? “We believe retail and ‘high density’ residential uses should be strategically located. There is already proposed retail and commercial uses immediately to the north of this proposal. The proposed data center will be significantly set back from FM 1385 with future retail and commercial development being proposed along the roadway frontage. Additionally, the proposed data center will bring property tax revenue to the community and high paying jobs with minimal impact on resources and services (e.g., parks, roads, schools, libraries, etc.) due to the nature of data center operations which generate very limited traffic and minimal increases in population as a result of operation.” 3. Will the proposed use impact adjacent residential areas in a negative manner? “There are currently no immediately adjacent residential homes abutting this property. However, the proposed use will not negatively impact existing or future nearby residential homes. We have included additional enhanced standards to address any potential impacts on the future adjacent and/or nearby residential uses. The data center will generate a relatively low amount of traffic as the facility does not require a large number of personnel on site nor will it generate frequent vehicular visits. Robust landscaping and screening will be provided, especially along the eastern portion of the property which includes a large setback between the building and eastern property line which will, in turn, also mitigate sound and visibility to adjacent properties. More specifically, a continuous row of canopy trees and continuous row of evergreen shrubs will be provided. Existing trees and vegetation along the eastern and southern property lines will be preserved to the extent possible and where there is no existing vegetation along the eastern boundary of the property, a second continuous row of canopy trees will be provided for additional buffering. In the same area of the property, an extension of the Town’s hike and bike trail will be provided that will accommodate access and pedestrian mobility for the community. In addition, the building will be designed in an aesthetically attractive manner with ‘four-sided’ design.” Page 280 Item 20. Page 3 of 4 4. Will the proposed use be compatible with and/or enhance adjacent residential uses? “The data center is anticipated to generate minimal traffic while sound will be mitigated through site design. In addition, an aesthetically attractive building design will be provided, and with setbacks, landscaping, and screening, will be mostly visually obscured from nearby properties and roads. Therefore, the proposed use will be compatible with nearby residential uses.” 5. Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility? “There is an adjacent electrical substation which is one of the land uses proposed in the associated Planned Development application. Other existing nearby land uses, which are across FM 1385 (outside the Town Limits of Prosper) and Parvin Road, include single-family residential and retail/commercial uses. The proposed use will have minimal impact on these uses. It should be noted that immediately to the south/southwest of our property there is an existing Business Park designation on the Future Land Use Plan.” 6. Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community? “The proposed use will bring significantly revenue for the Town which may go towards public services. In addition, a ten-foot hike and bike trail will be provided for the public along with significant tree plantings and landscaping contributing to the health, safety, welfare and social well-being of the community.” 7. Would it contribute to the Town’s long-term economic stability? “Yes. The proposed data centers will bring significant tax revenue to the Town contributing to Prosper’s long-term economic stability while diversifying its industry base of businesses. It is anticipated that upon completion of the project, the total capital invested will be several hundred million dollars including the building, equipment, and all infrastructure upgrades including power and fiber optic cable. This direct capital investment is projected to generate substantial additional economic activity and the surrounding region during the construction period and over the long-term operating life of the facility. The power and fiber optic infrastructure installed in connection with the proposed use will create durable public benefits beyond the project itself including expanded electrical capacity, improved grid resilience for the surrounding service territory, and enhanced high-capacity fiber availability that can support future commercial, industrial, institutional, and residential users.” The Future Land Use Plan also recommends that “it is important to recognize that proposals not directly consistent with the Plan could reflect higher and better long-term uses than those originally envisioned and shown on the Future Land Use Plan map for a particular area. This may be due to changing markets, demographics, and/or economic trends that occur at some point in the future after the Plan is adopted. If such changes occur, and especially if there are demonstrated significant social and/or economic benefits to the Town of Prosper, then these proposals should be approved, and the Future Land Use Plan map should be amended accordingly.” Page 281 Item 20. Page 4 of 4 Budget Impact: There is no budgetary impact affiliated with this item. Notification: The Town Council is required to hold a Public Hearing prior to acting on an amendment to the Future Land Use Plan. Attached Documents: 1. Aerial Map 2. Future Land Use Exhibit 3. Written Metes and Bounds 4. Boundary Exhibit 5. Letter of Intent Town Staff Recommendation: Town Staff recommend the Town Council take the same action taken on the companion case (ZONE-26-0007) for the request to amend the Future Land Use Plan from Medium Density Residential and Retail and Neighborhood Services to Business Park, on 37.3± acres, located 1,590± feet south of Parvin Road and 855± feet east of FM 1385. 1. If the Town Council recommends approval of the rezoning request, the Council should recommend approval of the amendment to the Future Land Use Plan. 2. If the Town Council recommends denial of the rezoning request, the Council should recommend denial of the amendment to the Future Land Use Plan. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission will consider this item at their September 1, 2026, meeting. Proposed Motion: I move to approve/deny the request to amend the Future Land Use Plan from Medium Density Residential and Retail and Neighborhood Services to Business Park, on 37.3± acres, located 1,590± feet south of Parvin Road and 855± feet east of FM 1385. Page 282 Item 20. FM 1385FISHTRAP RD LA CIMA BLVDUS HIGHWAY 380 E FIRST ST PRESTONRDCOIT RDFRONTIER PKWY PROSPER TRL DALLAS NORTH TOLLWAYCUSTER RDLEGACY DRMAHARDPKWYTEEL PKWYFM423LOVERS LN BROADWAYST SHAWNEETRLW F I R S T ST R ICHLAND B L V D COLEMANST PR AIRIEDR IVE GEE RD HAYS RDPARVIN RDFM 1385PARVIN RD FRONTIER PKWY 0 540 1,080270 Feet ¯ This map for illustration purposes only ZONE-26-0007 Project Tomahawk Planned Development Page 283 Item 20. PROSPER COMPREHENSIVE PLAN August 22, 2023 | ADOPTED PLAN CHAPTER 4 FUTURE LAND USE PLAN | 49 Figure 45. 2023 Future Land Use Plan Map SUBJECT SITE Page 284 Item 20. EXHIBIT A COMP-26-0001 BEING a tract of land situated in the J. Morton Survey, Abstract No. 793 and the L. Rue Survey, Abstract No. 1110, Town of Prosper, Denton County, Texas, and being a portion of Block A, Lot 2 of Parvin 1385 Addition, according to the plat thereof recorded in Document No. 2025-228 of the Plat Records of Denton County, Texas, and being a portion of that tract of land described in a deed to D9-1 Assets, LLC, as recorded in Instrument No. 2026-12329 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 3/4 inch iron rod with 2 inch diameter aluminum disk stamped “Brazos Electric-Waco Boundary” found for the southerly southwest corner of said Block A, Lot 2, common to the southeast corner of Brazos Electric Parvin Substation Addition, Block A, Lot 1, according to the plat thereof recorded in Document No. 2020-418 of the Plat Records of Denton County, Texas, same being on the northerly line of a called 23.87 acre tract of land described as Tract 1 in a deed to Vee Prosper Oaks, LLC, as recorded in Instrument No. 2022-53773 of the Official Records of Denton County, Texas; THENCE North 01°32'05" East, departing the northerly line of said Tract 1, along the westerly line of said Block A, Lot 2 and the easterly line of said Brazos Electric Parvin Substation Addition, a distance of 650.00 feet to a 1/2 inch iron rod with busted plastic cap found for the northeast corner of said Brazos Electric Parvin Substation Addition, common to an ell corner of said Block A, Lot 2; THENCE North 89°30'12" East, crossing said Block A, Lot 2, a distance of 201.97 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 01°32'11" East, continuing across said Block A, Lot 2, a distance of 510.55 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 89°23'26" East, continuing across said Block A, Lot 2, a distance of 100.12 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner on the easterly line of said Block A, Lot 2, and the westerly line of Block A, Lot 1 of Parvin 1385 Addition; THENCE South 00°35'37" East, along the easterly line of said Block A, Lot 2 and the westerly line of said Block A, Lot 1, a distance of 17.82 feet to a 1/2 inch iron rod found for the southwest corner of said Block A, Lot 1, common to an ell corner of said Block A, Lot 2; THENCE North 89°27'23" East, along the northerly line of said Block A, Lot 2 and the southerly line of said Block A, Lot 1, a distance of 1,183.06 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for the northeast corner of said Block A, Lot 2, common to the southeast corner of said Block A, Lot 1, same being on the westerly line of a called 191.740 acre tract of land described in a deed to Frontier 191 Landbank LLC, as recorded in Instrument No. 2025- 125290 of the Official Records of Denton County, Texas; Page 285 Item 20. THENCE South 00°32'30" East, along the easterly line of said Block A, Lot 2 and the westerly line of said 191.740 acre tract, a distance of 1,143.16 feet to a 1/2 inch iron rod found for the southeast corner of said Block A, Lot 2, common to the northeast corner of aforesaid Tract 1; THENCE South 89°30'12" West, departing the westerly line of said 191.740 acre tract, along the southerly line of said Block A, Lot 2 and the northerly line of said Tract 1, a distance of 1,527.23 feet to the POINT OF BEGINNING and containing 37.273 acres (1,623,594 square feet) of land, more or less. Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983(2011). 06/24/2026 _________________ Sylviana Gunawan Registered Professional Land Surveyor No. 6461 Kimley-Horn and Associates, Inc. 6160 Warren Pkwy., Suite 210 Frisco, Texas 75034 Ph. 972-335-3580 sylviana.gunawan@kimley-horn.com Page 286 Item 20. 11 10 9 8 7 6 5 4 3 2 1 20 19 18 17 18 19 202122 ROW DEDICATIONBLOCK S BLOCK R 1X-HOALOT 1X-HOA15 16 17 39 38 37 36 35 34 33 32 31 30 29 BLOCK D27 26 25 242322 ROW DEDICATION0.266 ACRE (11,568 SQ. FT.)CALLED 191.740 ACRES FRONTIER 191 LANDBANK LLC INST. NO. 2025-125290, O.R.D.C.T. 1 2 3 4 5 6 7 8 9 10 11 12 BLOCK AAA 15 16 PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. CALLED TRACT 1 23.87 ACRES VEE PROSPER OAKS, LLC INST. NO. 2022-53773, O.R.D.C.T. F.WIL K E R S O N S U R V E Y, ABST R A C T N O. 1 4 1 1 J. MO R T O N S U R V E Y, ABST R A C T N O. 7 9 3 APPROX. SURVEY LINE 1/2" IRF 5/8" IRF 1/2" IRF REMAINDER OF BLOCK A, LOT 1 BLOCK A, LOT 2 (CALLED 1.558 ACRES) RIGHT OF WAY DEDICATION DOC. NO. 2025-228, P.R.D.C.T. (CALLED 0.404 ACRES) RIGHT OF WAY DEDICATION DOC. NO. 2025-228, P.R.D.C.T. PARVIN ROAD (VARIABLE WIDTH R.O.W)(DOC# 2023-294, P.R.D.C.T.) REMAINDER OF CALLED 129.978 ACRES SWISHER PARTNERS, LP DOC. NO. 2004-7927 O.R.D.C.T. 30' RIGHT OF WAY DEDICATION DOC. NO. 2020-418, P.R.D.C.T. SUTTON FIELDS PHASE 4B INST. NO. 2021-102, P.R.D.C.T. LOT 1, BLOCK A COMMERCIAL RETAIL SITE DOC. NO. 2021-451 P.R.D.C.T. PROPSER RETAIL ADDITION DOC. NO. 2022-62 P.R.D.C.T. 23 22 21 201918 22 23 24 25 24 23 22 21 20 19 18 17 363738 BLOCK DLOT 1X-HOASUTTON FIELDS PHASE 4A INST. NO. 2023-294, P.R.D.C.T. PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. BLOCK A, LOT 2 PARVIN 1385 ADDITION, BLOCK A, LOTS 1 & 2 DOC. NO. 2025-228, P.R.D.C.T. ALUM. DISK FND 1/2" IRF 1/2" IRF 1/2" IRF S0°32'30"E1143.16'N89°27'23"E 1183.06'N1°32'11"E510.55'N89°30'12"E 201.97' N89°23'26"E 100.12' S0°35'37"E 17.82' APPROXIMATE CENTERLINE OF ROAD L. RU E S U R V E Y, ABST R A C T N O. 1 1 1 0 P.O.B. EXISTING ZONING: A EXISTING ZONING: A EXISTING ZONING: PD-134 TOWN OF PROSPER CITY OF CELINA EXISTING LAND USE: RESIDENTIAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: LOW DENSITY RESIDENTIAL EXISTING ZONING: R EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING ZONING: A EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING ZONING: S-23 A EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES EXISTING ZONING: A EXISTING LAND USE: AGRICULTURAL FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES AND HIGH DENSITY RESIDENTIAL PROPOSED FUTURE LAND USE: BUSINESS PARK EXISTING ZONING: CF PD-52 EXISTING ZONING: CF PD-52 EXISTING ZONING: CF PD-52 STATE PLANE COORDINATES N:7140574.80 E:2461440.13 CITY OF AUBREYTOWN OF PROSPERF.M. ROAD NO.1385(VARIABLE WIDTH R.O.W.)PARVIN ROAD (VARIABLE WIDTH R.O.W.)(DOC. NO. 2008-62468, O.R.D.C.T.) APPROXIMATE CENTERLINE OF ROAD APPROXIMATE LOCATION OF CITY LIMITS APPROXIMATE LOCATION OF CITY LIMITS APPROX. SURVEY LINE APPROX. SURVEY LINE APPROX. SURVEY LINE STATE PLANE COORDINATES N:7139418.63 E:2459923.99 73.0'57.0'70.0' 70.0' 100.0' 70.0' 70.0'130.0'61.2'FRONTIER PARKWAY (VARIABLE WIDTH R.O.W.) RIGHT OF WAY DEDICATION DOC. NO. 2022-62 P.R.D.C.T. RIGHT OF WAY DEDICATION CAB. X, PG. 264 P.R.D.C.T. RIGHT OF WAY DEDICATION CAB. X, PG. 264 P.R.D.C.T. 843.72' YORKDALE ST BOTHWELLBOULEVARD1500.19'25' LANDSCAPE AND ACCESS EASEMENT DOC. NO. 2020-418, P.R.D.C.T. 10' RIGHT OF WAY DEDICATION DOC. NO. 2021-174 P.R.D.C.T. ARROW BROOKE RETAIL ADDITION DOC. NO. 2021-174 P.R.D.C.T. LOT 7 LOT 5 LOT 4LOT 3 BLOCK A LOT 6 1/2" IRF 1/2" IRFC (BUSTED CAP) 1/2" IRF (LEANING) BEARS N 80°07' E 0.61' (0.4' ABOVE SURFACE) 1/2" IRFC "BARTON CHAPA" 3/4" IRF W/ 2" ADF "BRAZOS ELECTRIC-WACO BOUNDARY" 1/2" IRF 5/8" IRFC "SPOONER 5922" BRAZOS ELECTRIC PARVIN SUBSTATION ADDITION, BLOCK A, LOT 1 DOC. NO. 2020-418 P.R.D.C.T. S89°30'12"W 1527.23'N1°32'05"E650.00'N0°35'37"W 82.82' APPROXIMATE LOCATION OF CITY LIMITS TOMAHAWK TRAIL ARROW BROOKE PHASE 3A DOC. NO. 2018-317 P.R.D.C.T. ARROW BROOKE PHASE 2B DOC. NO. 2017-461 P.R.D.C.T. 28 27 26 292929 ARROW BROOKE PHASE 2A DOC. NO. 2017-462 P.R.D.C.T. 70' BRAZOS ELECTRIC POWER COOPERATIVE, INC. EASEMENT INST. NO. 2018-20427 O.R.D.C.T.1498.96'899.97'PRAIRIE TRAIL AVENUE37.273 ACRES 1,623,594 SQ. FT.DWG NAME: K:\FRI_SURVEY\060081400-PROSPER DATA CENTER\DWG\060081400 FLUP.DWG PLOTTED BY GUNAWAN, SYLVIANA 6/24/2026 6:15 PM LAST SAVED 6/24/2026 6:06 PM Copyright © 2026 Kimley-Horn and Associates, Inc. All rights reserved Scale Drawn by SG1" = 150' Checked by Date Project No.Sheet No. Frisco, Texas 75034 6160 Warren Parkway, Suite 210 Tel. No. (972) 335-3580 Fax No. (972) 335-3779FIRM # 10193822 KHA 06/24/2026 068625036 1 OF 1 LEGEND P.O.B. = POINT OF BEGINNING IRFC = IRON ROD W/CAP FOUND IRF = IRON ROD FOUND XF = "X" CUT FOUND INST. = INSTRUMENT DOC. = DOCUMENT NO. = NUMBER VOL. = VOLUME PG. = PAGE D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXAS O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS P.R.D.C.T. = PLAT RECORD, DENTON COUNTY,TEXAS EXHIBIT A 37.273 ACRES CASE NO. COMP-26-0001 THE J. MORTON SURVEY, ABSTRACT NO. 793 THE L. RUE SURVEY, ABSTRACT NO. 1110 TOWN OF PROSPER, DENTON COUNTY, TEXAS DATE PREPARED: 06/24/2026 NOTES: 1. All bearings shown are based on grid north of the Texas Coordinate System of 1983, North Central Zone (4202), North American Datum of 1983. All dimensions shown are ground distances. To obtain a grid distance, multiply the ground distance by the Project Combined Factor (PCF) of 0.9998493926859797. 2. According to Map No. 48121C0270G and 48121C0410G, dated April 18, 2011 of the National Flood Insurance Program Map, Flood Insurance Rate Map of Collin County, Texas, Federal Emergency Management Agency, Federal Insurance Administration, this property is located Zone X (unshaded) defined as "Areas determined to be outside the 0.2% annual chance floodplain". If this site is not within an identified special flood hazard area, this flood statement does not imply that the property and/or the structures thereon will be free from flooding or flood damage. On rare occasions, greater floods can and will occur and flood heights may be increased by man-made or natural causes. This flood statement shall not create liability on the part of the surveyor. DESCRIPTION OF PROPERTY: BEING a tract of land situated in the J. Morton Survey, Abstract No. 793 and the L. Rue Survey, Abstract No. 1110, Town of Prosper, Denton County, Texas, and being a portion of Block A, Lot 2 of Parvin 1385 Addition, according to the plat thereof recorded in Document No. 2025-228 of the Plat Records of Denton County, Texas, and being a portion of that tract of land described in a deed to D9-1 Assets, LLC, as recorded in Instrument No. 2026-12329 of the Official Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 3/4 inch iron rod with 2 inch diameter aluminum disk stamped “Brazos Electric-Waco Boundary” found for the southerly southwest corner of said Block A, Lot 2, common to the southeast corner of Brazos Electric Parvin Substation Addition, Block A, Lot 1, according to the plat thereof recorded in Document No. 2020-418 of the Plat Records of Denton County, Texas, same being on the northerly line of a called 23.87 acre tract of land described as Tract 1 in a deed to Vee Prosper Oaks, LLC, as recorded in Instrument No. 2022-53773 of the Official Records of Denton County, Texas; THENCE North 01°32'05" East, departing the northerly line of said Tract 1, along the westerly line of said Block A, Lot 2 and the easterly line of said Brazos Electric Parvin Substation Addition, a distance of 650.00 feet to a 1/2 inch iron rod with busted plastic cap found for the northeast corner of said Brazos Electric Parvin Substation Addition, common to an ell corner of said Block A, Lot 2; THENCE North 89°30'12" East, crossing said Block A, Lot 2, a distance of 201.97 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 01°32'11" East, continuing across said Block A, Lot 2, a distance of 510.55 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner; THENCE North 89°23'26" East, continuing across said Block A, Lot 2, a distance of 100.12 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for corner on the easterly line of said Block A, Lot 2, and the westerly line of Block A, Lot 1 of Parvin 1385 Addition; THENCE South 00°35'37" East, along the easterly line of said Block A, Lot 2 and the westerly line of said Block A, Lot 1, a distance of 17.82 feet to a 1/2 inch iron rod found for the southwest corner of said Block A, Lot 1, common to an ell corner of said Block A, Lot 2; THENCE North 89°27'23" East, along the northerly line of said Block A, Lot 2 and the southerly line of said Block A, Lot 1, a distance of 1,183.06 feet to a 5/8 inch iron rod with plastic cap stamped “KHA” set for the northeast corner of said Block A, Lot 2, common to the southeast corner of said Block A, Lot 1, same being on the westerly line of a called 191.740 acre tract of land described in a deed to Frontier 191 Landbank LLC, as recorded in Instrument No. 2025-125290 of the Official Records of Denton County, Texas; THENCE South 00°32'30" East, along the easterly line of said Block A, Lot 2 and the westerly line of said 191.740 acre tract, a distance of 1,143.16 feet to a 1/2 inch iron rod found for the southeast corner of said Block A, Lot 2, common to the northeast corner of aforesaid Tract 1; THENCE South 89°30'12" West, departing the westerly line of said 191.740 acre tract, along the southerly line of said Block A, Lot 2 and the northerly line of said Tract 1, a distance of 1,527.23 feet to the POINT OF BEGINNING and containing 37.273 acres (1,623,594 square feet) of land, more or less. SYLVIANA GUNAWAN 6461STATE O F TE X ASRE G I S T E R E DLAN D SU R V E Y O RPRO FE S S I O N ALSYLVIANA GUNAWAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn.com OWNER: D9-1 Assets, LLC 8794 Markham Drive Frisco, Texas 75035 Ph: 469-939-5405 Contact: Srinivas Maram ENGINEER: Kimley-Horn and Associates, Inc. 200 N. Travis Street Sherman, Texas 75090 Ph: 469-353-6061 Contact: Michael Carlisle, P.E. N.T.S.VICINITY MAP SITE U.S. 380 FISHTRAP ROAD PARVIN ROAD N. DALLAS PKWYF.M. 1385W. FIRST STREET S. LEGACY DR.GRAPHIC SCALE IN FEET 0150 75 150 300 1" = 150'@ 24X36 NORTH Page 287 Item 20. 55692976v.1 July 7, 2026 David Hoover, AICP Director of Development Services Town of Prosper 250 W First Street Prosper, TX 75078 Re: Comprehensive Plan Amendment Application David, Please find our enclosed application for a Comprehensive Plan Amendment [Future Land Use Plan Amendment], in association with our Planned Development (PD) Application. As discussed during our Pre-Application Meeting with you and your team on February 26, 2026, the subject property is located along the east side of FM 1385 and to the south of Parvin Road, consisting of approximately 37.27 acres of land. It is part of Lot 2, Block A of the Parvin 1385 Addition Conveyance Plat [Document No. 2025-228 of the Plat Records of Denton County, Texas], further shown in our enclosed Survey (Exhibit A-2) and Conceptual Plan (Exhibit D). The Property is currently zoned Agricultural (A) District and the Future Land Use Designation is “Retail & Neighborhood Services” and “High Density Residential.” The proposed use for the approximately 37.27 acres is a Data Center and associated utilities. A definition of Data Center is included with our PD Application submittal, as the Town’s Zoning Ordinance does not currently include one. We believe the closest fitting designation to this proposed use is “Business Park.” It should be noted that there is an existing adjacent Business Park designation to the south and southwest of our Property. We therefore request a Future Land Use Plan designation change for the subject property to “Business Park.” Below we have provided the required responses to the questions listed on the Town website regarding Comprehensive Plan Amendment applications. • “Will the proposed change enhance the site and the surrounding area?” Applicant Response: Yes. The proposal will include an aesthetically well-designed building, significant tree plantings and landscaping, a 10’ hike and bike trail through the Property which will be available for public enjoyment, and proper screening and setbacks. • “Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map?” Page 288 Item 20. 55692976v.1 Applicant Response: We believe retail and “high-density” residential uses should be strategically located. There is already proposed retail and commercial uses immediately to the north of this proposal. The proposed Data Center will be significantly set back from FM 1385, with future retail and commercial development being proposed along the roadway frontage. Additionally, the proposed Data Center will bring property tax revenue to the community and high paying jobs, with minimal impact on resources and services (e.g., parks, roads, schools, libraries, etc.) due to the nature of data center operations, which generate very limited traffic and minimal increases in population as a result of operation. • “Will the proposed use impact adjacent residential areas in a negative manner?” Applicant Response: There are currently no immediately adjacent residential homes abutting this Property. However, the proposed use will not negatively impact existing or future nearby residential homes. We have included additional enhanced standards to address any potential impacts on the future adjacent and/or nearby residential uses. The data center will generate a relatively low amount of traffic as the facility does not require a large number of personnel on site nor will it generate frequent vehicular visits. Robust landscaping and screening will be provided, especially along the eastern portion of the property, which includes a large setback between the building and eastern property line which will, in turn, also mitigate sound and visibility to adjacent properties. More specifically, a continuous row of canopy trees and a continuous row of evergreen shrubs will be provided. Existing trees and vegetation along the eastern and southern property lines will be preserved to the extent possible, and where there is no existing vegetation along the eastern boundary of the Property, a second continuous row of canopy trees will be provided for additional buffering. In this same area of the Property, an extension of the City’s hike and bike trail will be provided that will accommodate access and pedestrian mobility for the community. In addition, the building will be designed in an aesthetically attractive manner with “four-sided” design. • “Will the proposed use be compatible with and/or enhance adjacent residential uses?” Applicant Response: The Data Center is anticipated to generate minimal traffic while sound will be mitigated through site design. In addition, an aesthetically attractive building design will be provided, and with setbacks, landscaping, and screening, will be mostly visually obscured from nearby properties and roads. Therefore, the proposed use will be compatible with nearby residential uses. • “Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility?” Applicant Response: There is an adjacent electrical substation, which is one of the land uses proposed in the associated PD Application. Other existing nearby land uses, which are across FM 1385 (outside the Town Limits of Prosper) and Parvin Road, include single-family residential and retail/commercial uses. The proposed use will have minimal Page 289 Item 20. 55692976v.1 impact on these uses. It should be noted that immediately to the south/southwest of our Property, there is an existing Business Park designation on the Future Land Use Plan. • “Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community?” Applicant Response: The proposed use will bring significant revenue for the Town which may go towards public services. In addition, a 10’ hike and bike trail will be provided for the public along with significant tree plantings and landscaping, contributing to the health, safety, welfare and social well-being of the community. • “Would it contribute to the Town’s long-term economic stability?” Applicant Response: Yes. The proposed Data Centers will bring significant tax revenue to The Town, contributing to Prosper’s long-term economic stability while diversifying its industry base of businesses. It is anticipated that upon completion of the Project, the total capital invested will be several hundred millions of dollars, including the building, equipment, and all infrastructure upgrades, including power and fiber optic cable. This direct capital investment is projected to generate substantial additional economic activity and the surrounding region during the construction period and over the long-term operating life of the facility. The power and fiber optic infrastructure installed in connection with the proposed use will create durable public benefits beyond the project itself, including expanded electrical capacity, improved grid resilience for the surrounding service territory, and enhanced high-capacity fiber availability that can support future commercial, industrial, institutional, and residential users. My contact information is provided below. Please let me know if you have any questions or need additional information. We look forward to working with you and your team. Sincerely, William S. Dahlstrom, FAICP, JD Page 290 Item 20. Agenda Item Conduct a Public Hearing and consider and act upon a request to amend the Future Land Use Plan from Medium Density Residential and Retail and Neighborhood Services to Business Park, on 37.3±acres, located 1,590±feet south of Parvin Road and 855±feet east of FM 1385. (COMP-26-0001) Page 291 Item 20. Proposal Purpose: •Amend Future Land Use Plan from Medium Density Residential and Retail and Neighborhood Services to Business Park Companion Case: •Associated with the rezoning request for Project Tomahawk (ZONE-26-0007). Page 292 Item 20. Future Land Use Map Page 293 Item 20. Boundary Exhibit Page 294 Item 20. Criterion Criterion 1: Will the proposed change enhance the site and the surrounding area? •“Yes. The proposal will include an aesthetically well-designed building, significant tree plantings and landscaping, a ten-foot hike and bike trail through the property which will be available for public enjoyment, and proper screening and setbacks.” Criterion 2: Is the proposed change a better use than that originally envisioned and depicted on the Future Land Use Plan map? •“We believe retail and ‘high density’ residential uses should be strategically located. There is already proposed retail and commercial uses immediately to the north of this proposal. The proposed data center will be significantly set back from FM 1385 with future retail and commercial development being proposed along the roadway frontage. Additionally, the proposed data center will bring property tax revenue to the community and high paying jobs with minimal impact on resources and services (e.g., parks, roads, schools, libraries, etc.) due to the nature of data center operations which generate very limited traffic and minimal increases in population as a result of operation.” Page 295 Item 20. Criterion Criterion 3: Will the proposed use impact adjacent residential areas in a negative manner? •“There are currently no immediately adjacent residential homes abutting this property. However, the proposed use will not negatively impact existing or future nearby residential homes. We have included additional enhanced standards to address any potential impacts on the future adjacent and/or nearby residential uses. The data center will generate a relatively low amount of traffic as the facility does not require a large number of personnel on site nor will it generate frequent vehicular visits. Robust landscaping and screening will be provided, especially along the eastern portion of the property which includes a large setback between the building and eastern property line which will, in turn, also mitigate sound and visibility to adjacent properties. More specifically, a continuous row of canopy trees and continuous row of evergreen shrubs will be provided. Existing trees and vegetation along the eastern and southern property lines will be preserved to the extent possible and where there is no existing vegetation along the eastern boundary of the property, a second continuous row of canopy trees will be provided for additional buffering. In the same area of the property, an extension of the Town’s hike and bike trail will be provided that will accommodate access and pedestrian mobility for the community. In addition, the building will be designed in an aesthetically attractive manner with ‘four-sided’ design.” Page 296 Item 20. Criterion Criterion 4: Will the proposed use be compatible with and/or enhance adjacent residential uses? •“The data center is anticipated to generate minimal traffic while sound will be mitigated through site design. In addition, an aesthetically attractive building design will be provided, and with setbacks, landscaping, and screening, will be mostly visually obscured from nearby properties and roads. Therefore, the proposed use will be compatible with nearby residential uses.” Criterion 5: Are uses adjacent to the proposed use similar in nature in terms of appearance, hours of operation, and other general aspects of compatibility? •“There is an adjacent electrical substation which is one of the land uses proposed in the associated Planned Development application. Other existing nearby land uses, which are across FM 1385 (outside the Town Limits of Prosper) and Parvin Road, include single-family residential and retail/commercial uses. The proposed use will have minimal impact on these uses. It should be noted that immediately to the south/southwest of our property there is an existing Business Park designation on the Future Land Use Plan.” Page 297 Item 20. Criterion Criterion 6: Does the proposed use present a significant benefit to the public health, safety, welfare and/or social well-being of the community? •“Yes. The proposed use will bring significantly revenue for the Town which may go towards public services. In addition, a ten-foot hike and bike trail will be provided for the public along with significant tree plantings and landscaping contributing to the health, safety, welfare and social well-being of the community.” Page 298 Item 20. Criterion Criterion 7: Would it contribute to the Town’s long-term economic stability? •“Yes. The proposed data centers will bring significant tax revenue to the Town contributing to Prosper’s long-term economic stability while diversifying its industry base of businesses. It is anticipated that upon completion of the project, the total capital invested will be several hundred million dollars including the building, equipment, and all infrastructure upgrades including power and fiber optic cable. This direct capital investment is projected to generate substantial additional economic activity and the surrounding region during the construction period and over the long-term operating life of the facility. The power and fiber optic infrastructure installed in connection with the proposed use will create durable public benefits beyond the project itself including expanded electrical capacity, improved grid resilience for the surrounding service territory, and enhanced high-capacity fiber availability that can support future commercial, industrial, institutional, and residential users.” Page 299 Item 20. Recommendation Recommendation: •Town Staff recommends the same action be taken that was taken on the companion rezoning request. Planning and Zoning Commission Date: •Tuesday, September 1st Page 300 Item 20.