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09.22.26 Town Council Regular Meeting Agenda PacketPage 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 an appropriate Request Form located on the Town's website or in the Council Chambers. If you are attending in person, please submit this form to the Town Secretary or the person recording the minutes for the Board/Commission prior to the meeting. When called upon, please come to the podium, and state your name and address for the record. If you are watching online, please submit this form to the Town Secretary prior to 4:00 p.m. on the day of the meeting in order for your comments to be filed 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 may not deliberate or vote on any matter that does not appear on the agenda. The Town Council, 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 October 6, 2026, as National Night Out. (MLS) 2. Proclamation declaring the month of October 2026 as National Breast Cancer Awareness month. (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 22, 2026 6:15 PM Page 1 Page 2 of 4 3. Consider and act upon the minutes of the September 8, 2026, Town Council Work Session meeting. (MLS) 4. Consider and act upon the minutes of the September 8, 2026, Town Council Regular meeting. (MLS) 5. Consider acceptance of the August monthly financial report for fiscal year 2026. (CL) 6. Consider and act upon an amendment to Chapter 17, Financial Management Policy clarifying the calculation of the required Charter Reserve for the General Fund. (RBS) 7. Consider and act upon authorizing the Mayor to execute an amended Municipal Court Judge Agreement. (JJ) 8. Consider and act upon awarding RFP No. 2026-16-A for Fully insured Dental benefits insurance effective January 1, 2027, and authorize the Town Manager to execute all documents for the same. (TL) 9. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper for Animal Shelter Services for an initial term of four (4) years, with annual renewal terms of one (1) year, and an initial fee of $125,096 for FY 2026-2027. (RB) 10. Consider and act upon authorizing the Town Manager to execute Amendment No. 20 to the Interlocal Agreement between Collin County and the Town of Prosper for Animal Control Services in the amount of $119,775 for FY 2026-2027. (RB) 11. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Craig Road (Preston Road to Fifth Street) project in the amount of $147,224. (AT) 12. 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) 13. Consider and act upon whether to direct staff to submit a written notice of appeals on behalf of the Town Council to the Development Services Department, pursuant to 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) 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 wish 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 Page 2 Page 3 of 4 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: 14. Conduct a Public Hearing and consider and act upon a request to amend a portion of Planned Development-42 (Tract 16) and rezone a portion of a Commercial Tract (Tract 17) to create a Mixed-Use Planned Development on the Collin County School Land Survey, Abstract No. 147 and J. Yarnell Survey, Abstract No. 1038, Tracts 16 and 17, on 143.0± acres, located on the northeast corner of Dallas Parkway and University Drive. (ZONE-26-0009) (DH) 15. Consider and act upon an ordinance amending Ordinance No. 2026-41 (FY 2025-2026 Annual Budget) as it relates to the Solid Waste Fund. (CL) In accordance with Texas Government Code §551.043, the Town of Prosper FY 2025- 2026 Budget is posted on the Town’s website at: https://www.prospertx.gov/193/Finance 16. Consider and act upon an ordinance repealing existing Article 6.03, "Maintenance of Property," of the Town’s Code of Ordinances and replacing it with a new Article 6.03, "Maintenance of Property," related to solid waste collection; regulation of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter; and notice of violation for abatement purposes. (MB) 17. Discuss and consider Town Council Subcommittee reports. (DFB) Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – To discuss and consider the purchase, exchange, lease, or value of real property for municipal purposes and all matters incident and related thereto. Section 551.074 – To discuss and consider personnel matters and all matters incident and related thereto. Section 551.071 - To consult with the Town Attorney regarding legal issues associated with 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 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. Page 3 Page 4 of 4 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 Wednesday, September 16, 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 2 ] Call to Order/ Roll Call. The meeting was called to order at 5:00 p.m. Council Members Present: Mayor David F. Bristol Mayor Pro-Tem Amy Bartley Deputy Mayor Pro-Tem Chris Kern Councilmember Marcus E. Ray arrived 5:35 p.m. Councilmember Craig Andres Councilmember Doug Charles Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director David Hoover, Development Services Director Suzanne Porter, Planning Manager Leigh Johnson, IT Director Ryan Pasko, IT Specialist II Tony Luton, HR Director Chris Landrum, Finance Director Colin Asby, Budget Officer and Grants Administrator Hulon Webb, Engineering Director Stephen Tanner, Community Engagement & Experiences Director Stuart Blasingame, Fire Chief Brent Brown, Police Chief Items for Individual Consideration: 1. Discussion regarding a proposed Mixed-Use development at the northeast corner of the Dallas North Tollway (DNT) and US Hwy 380. (DH) Mr. Hoover introduced the item. Mr. Blackard, Developer for the project, presented a conceptual overview of the project and main components that will featured within the development. The Town Council discussed the timeframe of the project completion, housing components and features, sound protection, and ensuring mechanisms are put in place to protect the overall intent of the development. MINUTES Prosper Town Council Work Session Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, September 8, 2026 Page 5 Item 3. Page 2 of 2 EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: Section 551.087 – To discuss and consider economic development incentives and all matters incident and related thereto. Section 551.072 – 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 - 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 agenda item. Reconvene into Work Session. No Executive Session took place. Adjourn. The meeting was adjourned at 5:59 p.m. These minutes were approved on the 22nd day of September 2026. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 6 Item 3. Page 1 of 7 ] Call to Order/ Roll Call. The meeting was called to order at 6:16 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 Councilmember Cameron Reeves Staff Members Present: Mario Canizares, Town Manager Terry Welch, Town Attorney Michelle Lewis Sirianni, Town Secretary Bob Scott, Deputy Town Manager Chuck Ewings, Assistant Town Manager Robyn Battle, Executive Director Madison Clark, EDC Executive Director Tony Luton, Human Resources Director Hulon Webb, Director of Engineering Pete Anaya, Assistant Director of Engineering – Capital Projects Chris Landrum, Finance Director Colin Asby, Budget Officer & Grants Administrator Marsa Wages, UCS Administrator Gary Landeck, Library Director David Hoover, Development Services Director Suzanne Porter, Planning Manager Carrie Jones, Public Works Director Stephen Tanner, Community Engagement & Experiences Director David Angeles, Parks and Recreation Director Stuart Blasingame, Fire Chief Brent Brown, Police Chief Leigh Johnson, IT Director Ryan Pasko, IT Specialist II Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Jeremy Meister with Gateway Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. An nouncements of recent and upcoming events. Councilmember Reeves made the following announcements: MINUTES Prosper Town Council Meeting Prosper Town Hall, Council Chambers 250 W. First Street, Prosper, Texas Tuesday, September 8, 2026 Page 7 Item 4. Page 2 of 7 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. National Night Out will be held on Tuesday, October 6 from 6 pm to 9 pm. Prosper PD, Prosper ISD PD, Prosper Fire Rescue, and First Responder Volunteers will be driving to neighborhoods that want to participate. Visit prospertx.gov for more information including how to register your neighborhood to host a block party. 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. Presentations. 1. Proclamation declaring September 17-23, 2026, as Constitution Week. (MLS) Mayor Bristol read and presented a Proclamation to members of the Shawnee Trail Chapter of the Daughters of the American Revolution. 2. Recognize Prosper High School student, Prisha Srivastava. (MLS) Mayor Bristol read and presented a certificate to the student on her commitment to broadening educational opportunities for students in the community through STEMBound. 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 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 Resolution 2026-37 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 Ordinance 2026-38 establishing the tax year 2026 certified appraisal roll. (CL) Page 8 Item 4. Page 3 of 7 8. Consider and act upon Resolution 2026-39 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) Mayor Pro-Tem Bartley requested to pull item 13. Deputy Mayor Pro-Tem Kern made a motion to approve consent agenda items 3 through 12 and 14. Councilmember Andres seconded the item. Motion carried unanimously. Mayor Pro-Tem Bartley asked if the applicant with item 13 was in attendance. Due to the applicant not being present, she requested to table the item. Mayor Pro-Tem Bartley made a motion to table item 13 to the September 22, 2026, meeting. Councilmember Charles seconded the motion. Motion carried unananimously. CITIZEN COMMENTS Aileen Blachowski, 3792 Berylline Lane, expressed appreciation to the Town Council and Planning and Zoning Commission for their thorough review of the data center and their understanding of needing regulations in place. Curt Mooney, 1230 Packsaddle Trail, thanked the Town Council for sending agenda item 12 back to the Planning and Zoning Commission . Page 9 Item 4. Page 4 of 7 Anik Cook, 908 Charleston Lane, Savannah, noted her opposition to the data center and expressed her thanks to all the precinct chairs for the community outreach and support. Items for Individual Consideration: Mayor Pro-Tem Bartley made a motion to reduce the public hearing comments time from three to two minutes. Deputy Mayor Pro-Tem seconded the motion. Motion carried unanimously. 15. Consider and act upon Ordinance 2026-40 amending Appendix A, "Fee Schedule" of the Town's Code of Ordinances. (CA) Mr. Ashby introduced the item. Mr. Landeck spoke to the proposed amendments to the Library Fees. Ms. Wages spoke to the proposed amendments within Utility Customer Service, and Ms. Jones spoke to the proposed amendments regarding Public Works fees. Mr. Ashby presented results of the water and wastewater rate study including the key drivers, changes since last year, projected debt, wholesale expenses, and when the rates would go into affect. The Town Council discussed the changes in the tier structure and possibility of adjusting future rates if the debt is lowered. Mayor Pro-Tem Bartley made a motion to approve Ordinance 2026-40 amending Appendix A, "Fee Schedule" of the Town's Code of Ordinances effective October 1, 2026 including the incorporated changes discussed by staff. Councilmember Ray seconded the motion. Motion carried unanimously. 16. Conduct a Public Hearing to receive public input, consider such input, and consider and act upon Ordinance 2026-41 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) Mr. Landrum presented an overview of the FY 2026-2027 budget including key revenue drivers and expenses for the General Fund, personnel, Health Fund, Debt Service Fund, capital projects, VERF, and property tax rates. Mr. Canizares added commentary regarding the proposed budget noting the Town is focused on investing in its infrastructure and its continuation of providing excellent municipal services. Mayor Bristol opened the public hearing. Mike Bennett, 1205 Chandler Circle asked how much the town has spent on legal fees. Staff commented that the town has spent to date $444,625 with a budget for the new fiscal year budgeted at $470,300. The Town Council discussed areas of the budget including the Capital Dedicated Fund, Public Safety, ensuring the reserve fund was acceptable, continuing to be fiscally responsible and eliminating long term debt, and expressed their appreciation to the Finance Subcommittee and staff for their hard work and process this year. Page 10 Item 4. Page 5 of 7 Councilmember Ray made a motion to approve Ordinance 2026-41 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. Deputy Mayor Pro-Tem Kern seconded the motion. Councilmember Reeves – In Favor Councilmember Charles – In Favor Deputy Mayor Pro-Tem Kern – In Favor Mayor Bristol – In Favor Mayor Pro-Tem Bartley – In Favor Councilmember Andres – In Favor Councilmember Ray – In Favor Motion carried unanimously. 17. Conduct a Public Hearing to consider and act upon Ordinance 2026-42 adopting a tax rate of $0.505 per $100 valuation for fiscal year 2026-2027. (CL) Mr. Landrum stated this item is to adopt the tax rate as presented. Mayor Bristol opened the public hearing. No comments were made. Mayor Bristol closed the public hearing. Councilmember Ray made a motion to approve 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. Deputy Mayor Pro-Tem Kern seconded the motion. Councilmember Reeves – In Favor Councilmember Charles – In Favor Deputy Mayor Pro-Tem Kern – In Favor Mayor Bristol – In Favor Mayor Pro-Tem Bartley – In Favor Councilmember Andres – In Favor Councilmember Ray – In Favor Motion carried unanimously. 18. Ratifying the property tax increase in the budget for fiscal year (FY) 2026-2027. (CL) Mr. Landrum introduced this item noting that this is a required step when adopting a rate higher than the no-new revenue rate. Mayor Pro-Tem Bartley provided more context on the item for residents and emphasized that the even though the language notes an increase, the tax rate is staying the same. Mayor Pro-Tem Bartley made a motion to ratify the property tax increase in the budget for fiscal year (FY) 2026-2027. Councilmember Reeves seconded the motion. Motion carried unanimously. Page 11 Item 4. Page 6 of 7 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) This item was withdrawn by the applicant. No presentation, discussion, or motion on the item occurred. 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) This item was withdrawn by the applicant. No presentation, discussion, or motion on the item occurred. 21. Discuss and consider Town Council Subcommittee reports. (DFB) Legislative Subcommittee: Mayor Bristol noted this meeting was postponed to October. CEC and Downtown Advisory Committee: The CEC and Downtown Advisory Committee held a joint meeting where they discussed activating the plaza and received event updates. The CEC is also currently reviewing MYAC applications. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. Mayor Bristol requested updates to the Town’s Financial Policies. 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 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. Page 12 Item 4. Page 7 of 7 The Town Council recessed into Executive Session at 8:05 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 8:41 p.m. Mayor Pro-Tem Bartley made a motion to appoint Darlene Morton to the Library Board. Councilmember Andres seconded the motion. Motion carried with a 4-0 vote. Councilmembers Ray, Charles, and Reeves were not present at the vote. Adjourn. The meeting was adjourned at 8:42 p.m. These minutes were approved on the 22nd day of September 2026. APPROVED: David F. Bristol, Mayor ATTEST: Michelle Lewis Sirianni, Town Secretary Page 13 Item 4. Page 1 of 1 To: Mayor and Town Council From: Chris Landrum, Finance Director Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Consider acceptance of the August Monthly Financial Report for Fiscal Year 2026 (CL) Town Council Meeting – September 22, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider acceptance of the August monthly financial report for fiscal year 2026. (CL) Description of Agenda Item: The Town Charter requires the submission of monthly financial reports to the Town Council. In summary, both revenues and expenditures are within the expected ranges, except where otherwise noted in the financial statements. Budget Impact: There is no budgetary impact affiliated with this item. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached documents as to form and legality. Attached Documents: 1. Monthly Financial Report – August 31, 2026 Town Staff Recommendation: Town staff recommends Town Council vote to accept submission of the monthly financial report for the period of August for fiscal year 2026 in compliance with Town Charter requirements. Proposed Motion: I move to accept the August Monthly Financial Report for Fiscal Year 2026 in compliance with charter requirements. FINANCE Page 14 Item 5. MONTHLY FINANCIAL REPORT as of August 31, 2026 Cash/Budgetary Basis Prepared by Finance Department September 22, 2026 Page 15 Item 5. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 2026 Table of Contents Management Discussion & Highlights 3 General Fund 4 General Fund Charts 5-7 Debt Service Fund 8 East Thoroughfare Impact Fees Fund 9 West Thoroughfare Impact Fees Fund 10 Water Impact Fees Fund 11 Wastewater Impact Fees Fund 12 Impact Fee Chart 13 TIRZ #1 - Blue Star 14 TIRZ #2 15 Crime Control and Prevention Special Purpose District 16 Fire Control, Prevention, and Emergency Medical Services Special Purpose District 17 Park Dedication and Improvement Fund 18 Special Revenue Fund 19 Hotel Occupancy Tax Fund 20 Water-Sewer Fund 21-22 Water-Sewer Fund Charts 23-25 Storm Drainage Utility Fund 26 Solid Waste Fund 27 Vehicle and Equipment Replacement Fund 28 Health Insurance Fund 29 Capital Projects Fund-General 30-34 Capital Projects Fund-Water/Sewer 35 Page 16 Item 5. TOWN OF PROSPER, TEXAS Management Discussion & Highlights August 2026 Overview Monthly financial reports are presented on a cash basis to allow for timely reporting. Expenditures in the operating funds exceeding the 91% year-to-date benchmark are primarily attributable to encumbrance accounting, debt service payments which are twice per year, or one-time transfers at the end of the fiscal year. Highlights General Fund - The ending fund balance exceeds the 21% target, largely due to most of the property tax collections occuring in January and departments slowing/reducing expenditures. YTD actual expenditures are within expected percentages. Water-Sewer Fund - Through August, total water consumption was 6.6% higher than during the same period last year. Due to the lack of rainfall and above-average temperatures, water consumption in August increased 16% compared with August 2025. Historically, approximately 14% of annual water revenue is collected during the final month of the fiscal year. Drainage Fund - Collections through August are slightly below expected percentages because the new fee structure was not effective until the November billing. Revenue collections for the current year are outpacing the prior year collections. Health Fund - YTD revenue amounts are under expected percentages. This is largely due to vacancies, the new plan year starting in January 2026, and the newly budgeted positions not coming online until February 2026. Claims expenses continue to track on pace with the prior year claims. This is being closely monitored for any needed adjustments to keep the Health Fund whole. Page 3 Page 17 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 26,277,088$ 46,399$ 26,323,487$ 25,993,203$ -$ 330,284$ 99%1 23,094,137$ 13% Sales Taxes 13,199,055 (379,055) 12,820,000 11,591,932 - 1,228,068 90%10,746,099 8% Franchise Fees 4,685,174 68,678 4,753,852 3,976,791 - 777,061 84%2 2,996,442 33% Building Permits 5,193,641 (1,266,760) 3,926,881 3,890,007 - 36,874 99%3,164,984 23% Other Licenses, Fees & Permits 2,640,606 (510,138) 2,130,468 1,370,244 - 760,224 64%1,920,918 -29% Charges for Services 1,577,152 262,739 1,839,891 1,640,499 - 199,392 89%1,609,182 2% Fines & Warrants 581,144 95 581,239 578,432 - 2,807 100%487,866 19% Intergovernmental Revenue (Grants)1,796,663 228,892 2,025,555 557,109 - 1,468,446 28%152,108 266% Interest Income 750,000 250,000 1,000,000 935,028 - 64,972 94%611,258 53% Miscellaneous 332,071 243,624 575,695 578,071 - (2,376) 100%318,640 81% Park Fees 818,041 25,188 843,229 690,031 - 153,198 82%660,829 4% Transfers In 10,389,929 406,838 10,796,767 9,573,541 - 1,223,226 89%4 1,355,471 606% Total Revenues 68,240,564$ (623,500)$ 67,617,064$ 61,374,888$ -$ 6,242,176$ 91%47,117,935$ 30% EXPENDITURES Administration 12,177,072$ (1,017,361)$ 11,159,711$ 9,796,731$ 191,457$ 1,171,523$ 90%5 9,584,791$ 2% Police 17,724,406 (184,586) 17,539,820 14,662,480 479,248 2,398,092 86%3 10,941,573 34% Fire/EMS 15,945,810 177,430 16,123,240 14,476,140 275,486 1,371,614 91%3 10,265,972 41% Public Works 5,512,375 (322,299) 5,190,076 3,897,880 371,943 920,254 82%5, 6 3,853,971 1% Community Services 9,346,688 (451,958) 8,894,730 7,251,582 397,385 1,245,762 86%5 6,785,478 7% Development Services 4,083,700 (45,481) 4,038,219 3,400,528 122,746 514,945 87%3,435,344 -1% Engineering 2,708,971 (131,017) 2,577,954 2,247,213 25,081 305,660 88%2,157,827 4% Transfers Out 710,000 14,859 724,859 650,833 - 74,026 90%- 0% Total Expenses 68,209,022$ (1,960,413)$ 66,248,609$ 56,383,388$ 1,863,346$ 8,001,875$ 88%47,024,956$ 20% REVENUE OVER (UNDER) EXPENDITURES 31,542$ 1,336,913$ 1,368,455$ 4,991,501$ 92,979$ Beginning Fund Balance October 1 10,828,123 10,828,123 13,226,939 Ending Fund Balance*12,196,578$ 15,819,624$ 13,319,918$ Notes 1 Property taxes are billed in October and a majority of collections occur December through February. TIRZ Transfer made in May, percentage decreased accordingly. 2 Franchise fees and other various license and fees are paid quarterly or annually. 3 Higher amounts vs prior years due to Special Purpose District salaries being moved to General Fund. Offset by Transfers In. 4 Increase in Transfers In vs prior year related to transfers from Capital Project and Special Purpose District funds for salaries. 5 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months. 6 Higher amount vs prior year due to adding market adjustments and two additional staff. *Fund Balance Contingency per Charter and Reserve for FY26 = $11,821,706 (21%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% GENERAL FUND Page 4 Page 18 Item 5. $25,993,203 $11,591,932 $3,976,791 $3,890,007 $23,094,137 $10,746,099 $2,996,442 $3,164,984 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 $30,000,000 Property Taxes Sales Taxes Franchise Fees Building Permits GENERAL FUND REVENUE Current Year to Prior Year Actual Current Year Prior Year Page 5 Page 19 Item 5. 99% 90% 84% 99% 64% 89% 94% Property Taxes Sales Taxes Franchise Fees Building Permits Other Licenses, Fees & Permits Charges for Services Interest Income 0% 20% 40% 60% 80% 100% GENERAL FUND REVENUE Year to Date Percentage of Budget Page 6 Page 20 Item 5. 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Sales Tax Revenue by Month FY 21/22 FY22/23 FY23/24 FY24/25 FY25/26 Page 7 Page 21 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 75,000$ (13,000)$ 62,000$ (44,046)$ -$ 106,046$ -71%4 51,499$ -186% Property Taxes-Current 20,684,204 610 20,684,814 20,685,860 - (1,046) 100%1 18,026,764 15% Taxes-Penalties 40,000 11,906 51,906 69,737 - (17,831) 134%65,305 7% Interest Income 145,000 - 145,000 165,912 - (20,912) 114%203,246 -18% Transfer In - - - - - - 0%- 0% Total Revenues 20,944,204$ (484)$ 20,943,720$ 20,877,463$ -$ 66,257$ 100%18,346,815$ 14% EXPENDITURES Professional Services -$ -$ -$ 5,000$ -$ (5,000)$ 0%-$ 0% Bond Administrative Fees 20,000 (11,500) 8,500 1,216 - 7,284 14%1,015 20% 2014 GO Bond Payment - 550,000 550,000 550,000 - - 100%3 50,000 1000% 2015 GO Bond Payment 1,444,300 - 1,444,300 1,444,300 - - 100%1,436,700 1% 2015 CO Bond Payment - - - - - - 0%495,000 -100% 2016 GO Debt Payment 250,000 - 250,000 250,000 - - 100%- 0% 2016 CO Debt Payment 470,000 - 470,000 470,000 - - 100%105,000 348% 2017 CO Debt Payment 490,000 - 490,000 490,000 - - 100%480,000 2% 2018 GO Debt Payment 170,000 - 170,000 170,000 - - 100%160,000 6% 2018 CO Debt Payment 560,000 - 560,000 560,000 - - 100%2 520,000 8% 2019 CO Debt Payment 564,212 - 564,212 564,212 - - 100%549,266 3% 2019 GO Debt Payment 175,000 - 175,000 175,000 - - 100%170,000 3% 2020 CO Debt Payment 445,000 - 445,000 445,000 - - 100%430,000 3% 2021 CO Debt Payment 270,000 - 270,000 270,000 - - 100%265,000 2% 2021 GO Debt Payment 1,205,000 - 1,205,000 1,205,000 - - 100%1,355,000 -11% 2022 GO Debt Payment 1,070,000 - 1,070,000 1,070,000 - - 100%1,020,000 5% 2023 GO Debt Payment 1,340,000 - 1,340,000 1,340,000 - - 100%1,055,000 27% 2024 GO Debt Payment 1,035,000 - 1,035,000 1,035,000 - - 100%2,100,000 -51% 2025 GO Debt Payment 3,150,000 - 3,150,000 3,150,000 - - 100%- 0% Bond Interest Expense 8,506,816 5,352 8,512,168 8,512,166 - - 100%8,082,573 5% Total Expenditures 21,165,328$ 543,852$ 21,709,180$ 21,706,893$ -$ 2,284$ 100%18,274,553$ 19% REVENUE OVER (UNDER) EXPENDITURES (221,124)$ (544,336)$ (765,460)$ (829,430)$ 72,261$ Beginning Fund Balance October 1 1,335,683 1,335,683 1,245,232 Ending Fund Balance Current Month 570,224$ 506,253$ 1,317,493$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Annual debt service payments are made in February and August. 3 Redemption of the remaining $550,000 completed in November 2025. 4 Recalculation refunds greater than delinquent payments. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% DEBT SERVICE FUND Page 8 Page 22 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES East Thoroughfare Impact Fees 1,200,000$ -$ 1,200,000$ 1,189,725$ East Thoroughfare Other Revenue - - - - Interest Income 100,000 - 100,000 50,050 Total Revenues 1,300,000$ -$ 1,300,000$ 1,239,776$ EXPENDITURES Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ -$ -$ 250,000$ -$ 250,000$ Developer Refund (from PY)*- - - - 251,734 - - - - Total Developer Reimbursements 250,000$ 250,000$ -$ 250,000$ 251,734$ -$ 250,000$ -$ 250,000$ Transfer to Capital Project Fund 2,400,000$ 2,400,000$ 368,480$ 2,768,480$ 2,768,479$ -$ -$ -$ -$ Total Transfers Out 2,400,000$ 2,400,000$ 368,480$ 2,768,480$ 2,768,479$ -$ -$ -$ -$ Total Expenditures 2,650,000$ 2,650,000$ 368,480$ 3,018,480$ 3,020,213$ -$ 250,000$ -$ 250,000$ REVENUE OVER (UNDER) EXPENDITURES (1,718,480)$ (1,780,437)$ Beginning Fund Balance October 1 2,212,875 2,212,875 Ending Fund Balance Current Month 494,395$ 432,438$ Notes *This will be corrected at midyear. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 EAST THOROUGHFARE IMPACT FEES FUND Page 9 Page 23 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES West Thoroughfare Impact Fees 4,500,000$ -$ 4,500,000$ 3,177,556$ West Thoroughfare Other Revenue - - - - Interest Income 200,000 - 200,000 197,431 Total Revenues 4,700,000$ -$ 4,700,000$ 3,374,987$ EXPENDITURES Developer Reimbursements Pk Place, Prosper Hills, Prosper Meadow 4,014,469$ 900,000$ -$ 900,000$ 447,922$ -$ 452,078$ 125,492$ 3,441,055$ Parks @ Legacy 6,729,293 - - - 407,173 - (407,173) 6,322,119 - Star Trail Developer Reimb 6,872,624 - - - - - - 6,872,624 - Legacy Garden Developer Reimb 3,407,300 - - - 492,239 - (492,239) 511,737 2,403,323 DNT Frontier Retail 2,154,348 600,000 - 600,000 270,635 - 329,365 1,343,841 539,872 Total Developer Reimbursements 23,178,034$ 1,500,000$ -$ 1,500,000$ 1,617,970$ -$ (117,970)$ 15,175,814$ 6,384,250$ Transfer to Capital Project Fund 3,000,000$ 3,000,000$ -$ 3,000,000$ 3,000,000$ -$ -$ -$ Total Transfers Out 3,000,000$ 3,000,000$ -$ 3,000,000$ 3,000,000$ -$ -$ -$ -$ Total Expenditures 26,828,034$ 4,500,000$ -$ 4,500,000$ 4,617,970$ -$ (117,970)$ 15,175,814$ 7,034,250$ REVENUE OVER (UNDER) EXPENDITURES 200,000$ (1,242,983)$ Beginning Fund Balance October 1 6,079,635 6,079,635 Ending Fund Balance Current Month 6,279,635$ 4,836,652$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 WEST THOROUGHFARE IMPACT FEES FUND Page 10 Page 24 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Water 3,250,000$ -$ 3,250,000$ 1,954,538$ Interest Income 200,000 - 200,000 209,807 Total Revenues 3,450,000$ -$ 3,450,000$ 2,164,345$ EXPENDITURES Developer Reimbursements DNT Frontier Retail 343,542$ 200,000$ -$ 200,000$ -$ -$ 200,000$ 54,252$ 289,290$ Star Trail 3,200,733 500,000 - 500,000 - - 500,000 3,200,733 - Victory at Frontier 209,392 68,031 - 68,031 3,821 - 64,210 168,869 36,702 Pk Place, Prosper Hills, Prosper Meadow 1,406,859 1,022,502 - 1,022,502 338,535 - 683,967 - 1,068,324 Total Developer Reimbursements 5,160,526$ 1,790,533$ -$ 1,790,533$ 342,356$ -$ 1,448,177$ 3,423,854$ 1,394,316$ Transfer to Capital Project Fund*-$ 4,300,000$ 1,499,905$ 5,799,905$ 5,799,905$ -$ -$ -$ -$ Total Transfers Out -$ 4,300,000$ 1,499,905$ 5,799,905$ 5,799,905$ -$ -$ -$ -$ Total Expenditures 5,160,526$ 6,090,533$ 1,499,905$ 7,590,438$ 6,142,261$ -$ 1,448,177$ 3,423,854$ 1,394,316$ REVENUE OVER (UNDER) EXPENDITURES (4,140,438)$ (3,977,916)$ Beginning Fund Balance October 1 7,728,595 7,728,595 Ending Fund Balance Current Month 3,588,157$ 3,750,679$ *This will be corrected at midyear. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 WATER IMPACT FEES FUND Page 11 Page 25 Item 5. Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance REVENUES Impact Fees Wastewater 2,000,000$ -$ 2,000,000$ 943,312$ Interest Income 100,000 - 100,000 54,216 Upper Trinity Equity Fee 300,000 - 300,000 127,500 Total Revenues 2,400,000$ -$ 2,400,000$ 1,125,028$ EXPENDITURES Developer Reimbursements LaCima Developer Reimb 707,235$ 308,726$ -$ 308,726$ -$ -$ 308,726$ 414,818$ 292,417$ All Storage Developer Reimb 454,900 150,000 - 150,000 - - 150,000 54,180 400,720 Pk Place, Prosper Hills, Prosper Meadow 186,169 100,000 - 100,000 - - 100,000 - 186,169 Total Developer Reimbursements 1,348,304$ 558,726$ -$ 558,726$ -$ -$ 558,726$ 468,998$ 879,306$ Transfer to Capital Project Fund*2,568,378$ 2,568,378$ 476,207$ 3,044,585$ 3,044,585$ -$ -$ -$ -$ Total Transfers Out 2,568,378$ 2,568,378$ 476,207$ 3,044,585$ 3,044,585$ -$ -$ -$ -$ Total Expenditures 3,916,682$ 3,127,104$ 476,207$ 3,603,311$ 3,044,585$ -$ 558,726$ 468,998$ 879,306$ REVENUE OVER (UNDER) EXPENDITURES (1,203,311)$ (1,919,557)$ Beginning Fund Balance October 1 2,463,452 2,463,452 Ending Fund Balance Current Month 1,260,141$ 543,895$ *This will be corrected at midyear. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 WASTEWATER IMPACT FEES FUND Page 12 Page 26 Item 5. EAST THOROUGHFARE WEST THOROUGHFARE WATER WASTEWATER ANNUAL BUDGET $1,200,000 4,500,000 $3,250,000 $2,000,000 YTD ACTUAL $1,189,725 $3,177,556 $1,954,538 $943,312 % OF BUDGET 99%71%60%47% 99% 71% 60% 47% $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 $4,000,000 $4,500,000 $5,000,000 IMPACT FEE REVENUE YTD Actual to Annual Budget Page 13 Page 27 Item 5. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees 50,000$ 181,547$ 231,547$ 313,314$ (81,767)$ 135%365,345$ -14% Wastewater Impact Fees 700,000 (300,000) 400,000 529,406 (129,406) 132%539,919 -2% East Thoroughfare Impact Fees 50,000 - 50,000 484,365 (434,365) 969%283,412 71% Property Taxes - Town (Current)1,376,961 (445) 1,376,516 1,376,516 - 100%1 1,256,338 10% Property Taxes - Town (Rollback)- - - - - 0%1 165,155 -100% Property Taxes - County (Current)295,022 (4,252) 290,770 290,770 - 100%3 265,382 10% Sales Taxes - Town 1,386,765 - 1,386,765 1,182,353 204,412 85%1,145,372 3% Sales Taxes - EDC 1,161,416 - 1,161,416 990,221 171,195 85%959,249 3% Interest Income 50,000 25,000 75,000 143,405 (68,405) 191%179,731 -20% Transfer In - - - - - 0%- 0% Total Revenue 5,070,164$ (98,150)$ 4,972,014$ 5,310,350$ (338,336)$ 107%5,159,905$ 3% EXPENDITURES Professional Services 3,000$ -$ 3,000$ -$ 3,000$ 0%-$ 0% Developer Reimbursement 6,480,373 - 6,480,373 - 6,480,373 0%2 - 0% Transfers Out - - - - - 0%- 0% Total Expenses 6,483,373$ -$ 6,483,373$ -$ 6,483,373$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES (1,413,209)$ (98,150)$ (1,511,359)$ 5,310,350$ 5,159,905$ Beginning Fund Balance October 1 2,004,259 2,004,259 2,542,101 Ending Fund Balance Current Month 492,900$ 7,314,609$ 7,702,006$ Notes 1 Property tax documentation received in May to make transfer. 2 TIRZ reimbursements are typically made in the last quarter of the fiscal year. 3 County's portion received in June. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% TIRZ #1 - BLUE STAR Page 14 Page 28 Item 5. Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes - Town (Current)151,173$ (105)$ 151,068$ 151,068$ -$ 100%1 114,647$ 32% Property Taxes - Town (Rollback)- - - - - 0%1 - 0% Property Taxes - County (Current)9,285 22,626 31,911 31,911 - 100%3 24,217 32% Sales Taxes - Town 2,200 - 2,200 1,326 874 60%1,384 -4% Sales Taxes - EDC 2,200 - 2,200 1,326 874 60%1,384 -4% Interest Income 1,500 - 1,500 4,079 (2,579) 272%3,739 9% Total Revenue 166,358$ 22,521$ 188,879$ 189,711$ (832)$ 100%145,370$ 31% EXPENDITURES Professional Services -$ -$ -$ -$ -$ 0%-$ 0% Developer Reimbursement 184,122 - 184,122 - 184,122 0%2 - 0% Transfers Out - - - - - 0%- 0% Total Expenditures 184,122$ -$ 184,122$ -$ 184,122$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES (17,764)$ 22,521$ 4,757$ 189,711$ 145,370$ Beginning Fund Balance October 1 41,205 41,205 25,751 Ending Fund Balance Current Month 45,962$ 230,916$ 171,121$ Notes 1 Property tax documentation received in May to make transfer. 2 TIRZ reimbursements are typically made in the last quarter of the fiscal year. 3 County's portion received in June. TIRZ #2 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% Page 15 Page 29 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,426,536$ 87,302$ 3,513,838$ 3,099,925$ -$ 413,913$ 88%2,852,488$ 9% Interest Income 1,200 - 1,200 1,175 - 25 98%11,576 -90% Other - - - - - - 0%- 0% Total Revenue 3,427,736$ 87,302$ 3,515,038$ 3,101,100$ -$ 413,938$ 88%2,864,064$ 8% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%2,108,161$ -100% Other 1,200 - 1,200 - - 1,200 0%1,930 -100% Transfer Out 3,426,536 84,019 3,510,555 3,099,925 - 410,630 88%1 - 0% Total Expenditures 3,427,736$ 84,019$ 3,511,755$ 3,099,925$ -$ 411,830$ 88%2,110,091$ -200% REVENUE OVER (UNDER) EXPENDITURES -$ 3,283$ 3,283$ 1,175$ 753,973$ Beginning Fund Balance October 1 97,422 97,422 398,065 Ending Fund Balance Current Month 100,705$ 98,597$ 1,152,038$ Notes 1 Payroll costs are transferred monthly. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT Page 16 Page 30 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sales Tax - Town 3,460,319$ 46,952$ 3,507,271$ 3,096,763$ -$ 410,508$ 88%2,869,732$ 8% Interest Income 600 - 600 1,261 - (661) 210%1,721 -27% Other - - - - - - 0%- 0% Total Revenue 3,460,919$ 46,952$ 3,507,871$ 3,098,024$ -$ 409,847$ 88%2,871,453$ 8% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%2,661,521$ -100% Other 2,400 - 2,400 - - 2,400 0%1,930 -100% Transfer Out 3,458,519 52,036 3,510,555 3,096,763 - 413,792 88%1 - 0% Total Expenditures 3,460,919$ 52,036$ 3,512,955$ 3,096,763$ -$ 416,192$ 88%2,663,451$ -200% REVENUE OVER (UNDER) EXPENDITURES -$ (5,084)$ (5,084)$ 1,261$ 208,002$ Beginning Fund Balance October 1 75,732 75,732 382,940 Ending Fund Balance Current Month 70,648$ 76,993$ 590,942$ Notes 1 Payroll costs are transferred monthly. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT Page 17 Page 31 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Park Dedication Fees 1,550,000$ (5,000)$ 1,545,000$ -$ -$ 1,545,000$ 0%1 1,303,973$ -100% Park Improvement Fees 800,000 - 800,000 4,500 - 795,500 1%1,324,020 -100% Interest - Park Dedication 20,000 - 20,000 24,475 - (4,475) 122%52,047 -53% Interest - Park Improvement 20,000 - 20,000 19,900 - 100 100%25,165 -21% Contributions/Grants - - - - - - 0%- 0% Transfers In - - - - - - 0%- 0% Total Revenue 2,390,000$ (5,000)$ 2,385,000$ 48,876$ -$ 2,336,124$ 2%2,705,205$ -98% EXPENDITURES Transfers Out - Park Dedication 1,400,000$ -$ 1,400,000$ 1,400,000$ -$ -$ 100%1,115,050$ 26% Park Dedication - - - - - - 0%- 0% Transfers Out - Park Improvement 750,000 - 750,000 750,000 - - 100%465,000 61% Park Improvement - - - - - - 0%- 0% Total Expenditures 2,150,000$ -$ 2,150,000$ 2,150,000$ -$ -$ 100%1,580,050$ 36% REVENUE OVER (UNDER) EXPENDITURES 240,000$ (5,000)$ 235,000$ (2,101,124)$ 1,125,155$ Beginning Fund Balance October 1 2,379,093 2,379,093 1,232,390 Ending Fund Balance Current Month 2,614,093$ 277,969$ 2,357,545$ Notes 1 Fees from Legacy Garden and Mirabella are anticipated later in the year. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% PARK DEDICATION AND IMPROVEMENT FUND Page 18 Page 32 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Interest Income 31,550$ -$ 31,550$ 35,303$ -$ (3,753)$ 112%295,405$ -88% Police Donation Revenue 15,500 - 15,500 19,131 - (3,631) 123%25,259 -24% Cash Seizure Forfeiture - - - 101,002 - (101,002) 0%16,521 511% Fire Donation Revenue 15,500 - 15,500 16,142 - (642) 104%15,367 5% Child Safety Revenue 28,000 - 28,000 9,055 - 18,945 32%28,816 -69% Court Technology/Security Revenue 16,723 - 16,723 39,097 - (22,374) 234%27,284 43% Municipal Jury revenue 170 - 170 439 - (269) 258%372 18% Tree Mitigation 300,000 - 300,000 167,956 - 132,045 56%56,858 195% Escrow Income - - - - - - 0%10,000 -100% LEOSE Revenue 3,000 - 3,000 11,016 - (8,016) 367%10,288 7% 60-A Inspection Revenue - - - 16,240 - (16,240) 0%- 0% Transfer In - 14,859 14,859 14,858 - - 100%- 0% Total Revenue 410,443$ 14,859$ 425,302$ 430,238$ -$ (4,937)$ 101%486,172$ -12% EXPENDITURES Police Donation Expense 25,000$ -$ 25,000$ 18,378$ -$ 6,622$ 74%3,989$ 361% Police Seizure Expense 23,000 16,000 39,000 20,704 - 18,296 53%9,492 118% Fire Donation Expense 10,000 - 10,000 713 6,846 2,440 76%34,342 -98% Child Safety Expense 80,000 - 80,000 14,711 - 65,289 18%695 2018% Court Technology/Security Expense 25,060 - 25,060 - - 25,060 0%- 0% Tree Mitigation Expense - - - - 6,996 (6,996) 0%- 0% LEOSE Expense 10,000 - 10,000 - - 10,000 0%1,489 -100% 60-A Inspection Expense - - - - - - 0%- 0% Transfer Out (Escrow Funds)- - - - - - 0%- 0% Transfer Out (Tree Mitigation)850,000 15,000 865,000 850,000 - 15,000 98%1,150,000 -26% Total Expenses 1,023,060$ 31,000$ 1,054,060$ 904,506$ 13,842$ 135,712$ 87%1,200,007$ -25% REVENUE OVER (UNDER) EXPENDITURES (612,617)$ (16,141)$ (628,758)$ (474,267)$ (713,835)$ Beginning Fund Balance October 1 1,359,045 1,359,045 2,356,265 Ending Fund Balance Current Month 730,287$ 884,778$ 1,642,430$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% SPECIAL REVENUE FUNDS Page 19 Page 33 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Hotel Occupancy Tax 302,675$ -$ 302,675$ 150,457$ -$ 152,218$ 50%-$ 0% Interest Income 2,000 - 2,000 1,930 - 70 96%- 0% Other - - - - - - 0%- 0% Total Revenue 304,675$ -$ 304,675$ 152,387$ -$ 152,288$ 50%-$ 0% EXPENDITURES Personnel -$ -$ -$ -$ -$ -$ 0%-$ 0% Hotel Occupancy Tax Rebate 100,892 (100,892) - - - - 0%- 0% Other - - - - - - 0%- 0% Total Expenditures 100,892$ (100,892)$ -$ -$ -$ -$ 0%-$ 0% REVENUE OVER (UNDER) EXPENDITURES 203,783$ 100,892$ 304,675$ 152,387$ -$ Beginning Fund Balance October 1 - - - Ending Fund Balance Current Month 304,675$ 152,387$ -$ Notes *Holiday Inn Express opened November 13, 2025. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% HOTEL OCCUPANCY TAX FUND Page 20 Page 34 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 27,821,398$ (450,000)$ 27,371,398$ 21,666,735$ -$ 5,704,663$ 79%3 19,442,433$ 11% Sewer Charges for Services 18,074,593 (175,000) 17,899,593 15,688,295 - 2,211,298 88%3 12,640,702 24% Licenses, Fees & Permits 193,000 30,000 223,000 186,852 - 36,149 84%5 444,730 -58% Utility Billing Penalties 205,500 - 205,500 201,777 - 3,723 98%240,378 -16% Interest Income 350,000 - 350,000 337,467 - 12,533 96%434,240 -22% Other 691,700 - 691,700 616,155 - 75,545 89%624,895 -1% Transfer In - - - - - - 0 - 0% Total Revenues 47,336,191$ (595,000)$ 46,741,191$ 38,697,280$ -$ 8,043,911$ 83%33,827,377$ 14% EXPENDITURES Administration 996,176$ -$ 996,176$ 1,076,694$ 39,676$ (120,194)$ 112%2,4 1,170,235$ -8% Debt Service 8,313,546 1,490,181 9,803,727 8,241,497 - 1,562,230 84%1 6,769,186 22% Water Purchases 15,819,798 - 15,819,798 13,678,342 - 2,141,456 86%12,203,351 12% Wastewater Treatment Fees 6,035,065 - 6,035,065 5,412,592 - 622,473 90%5,650,294 -4% Franchise Fee 2,172,380 - 2,172,380 1,800,346 - 372,034 83%1,042,116 73% Public Works 10,776,413 102,495 10,878,908 8,146,286 699,066 2,033,556 81%7,516,253 8% Transfer Out 1,829,753 - 1,829,753 1,677,274 - 152,479 92%1,210,642 39% Total Expenses 45,943,131$ 1,592,676$ 47,535,807$ 40,033,031$ 738,742$ 6,764,034$ 86%35,562,076$ 13% REVENUE OVER (UNDER) EXPENDITURES 1,393,060$ (2,187,676)$ (794,616)$ (1,335,750)$ (1,734,699)$ Beginning Working Capital October 1 9,120,375 9,120,375 12,212,476 *Ending Working Capital 8,325,759$ 7,784,625$ 10,477,777$ Notes 1 Annual debt service payments are made in February and August. 2 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months. 3 Charges for services are low in the winter months and peak in summer causing revenues to show lower than expected in the early months of the fiscal year. 4 Property and Liablility insurance paid early in the fiscal year causing higher than expected YTD percentages. 5 Down from prior year due to change in processing for credit card fees. *Minimum Ending Working Capital balance for FY26 = $10,637,474 (25%). TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% WATER-SEWER FUND Page 21 Page 35 Item 5. Growth % WATER SEWER WATER SEWER Change # of Accts Residential 14,635 13,934 14,131 13,431 3.65% # of Accts Commercial 576 560 513 469 15.68% Consumption-Residential 323,053,425 136,302,004 280,055,860 95,645,218 22.27% Consumption-Commercial 32,132,035 23,037,777 38,360,400 21,240,040 -7.43% Consumption-Commercial Irrigation 73,794,156 50,493,690 46.15% Avg Total Res Water Consumption 22,036 19,800 11.29% Billed ($) Residential 2,466,143$ 1,402,201$ 1,998,640$ 983,092$ 23.39% Billed ($) Commercial 344,718$ 294,914$ 391,566$ 215,422$ -11.96% Billed ($) Commercial Irrigation 764,499$ 491,628$ 55.50% Total Billed ($)3,575,359$ 1,697,116$ 2,881,834$ 1,198,514$ 29.22% Five Year Cumulative Month Avg. Temp (°F)# Rain Days Rainfall (in)Avg. Temp (°F)# Rain Days Rainfall (in)Month FY2026 FY2025 Average Average October 73°4 3.05 75°1 0.41 October 15,618 17,490 17,477 17,477 November 63°7 4.10 61°9 4.09 November 12,738 14,260 11,974 29,450 December 54°2 0.03 61°13 5.91 December 8,559 9,080 7,760 37,211 January 47°5 1.80 43°6 5.94 January 7,680 6,340 6,932 44,142 February 60°2 1.71 49°10 2.12 February 7,417 6,090 6,415 50,487 March 67°3 3.50 64°7 1.31 March 6,717 6,308 6,631 57,188 April 70°7 3.23 69°10 4.65 April 11,933 10,638 9,897 67,085 May 75°6 1.85 74°10 6.07 May 11,712 11,310 11,332 78,418 June 83°7 5.45 82°6 3.09 June 13,026 13,536 11,912 90,330 July 89°5 0.60 85°11 2.58 July 15,188 15,430 18,548 108,877 August 92°0 0.00 85°4 2.97 August 22,036 19,802 22,581 131,458 September 81°6 3.08 September 18,840 20,443 151,901 Annual 48 25.32 93 42.22 TOTAL (gal)132,624 149,124 151,901 Weather Data:https://www.wunderground.com/history/monthly/KDAL/date/2026-08 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.67% WATER-SEWER FUND Average Total Residential Water Consumption by Month FY2026 FY2025 Aug-26 Aug-25 Page 22 Page 36 Item 5. 79% 88% 84% 98%96% 89% 0% 20% 40% 60% 80% 100% WATER SEWER FUND REVENUE YTD % OF ANNUAL BUDGET Page 23 Page 37 Item 5. $21,666,735 $13,678,342 $19,442,433 $12,203,351 $- $5,000,000 $10,000,000 $15,000,000 $20,000,000 $25,000,000 Water Charges for Services Water Purchases WATER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 24 Page 38 Item 5. $15,688,295 $5,412,592 $12,640,702 $5,650,294 - 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 14,000,000 16,000,000 18,000,000 Sewer Charges for Services Wastewater Treatment Fees SEWER REVENUE AND EXPENSE Current YTD to Prior Year YTD Actual Comparison Current Year Prior Year Page 25 Page 39 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 1,726,111$ (219,630)$ 1,506,481$ 1,362,672$ -$ 143,809$ 90%3 904,313$ 51% Drainage Review Fee 25,000 (15,400) 9,600 6,100 - 3,500 64%- 0% 45-4 Interest Income 8,000 - 8,000 16,011 - (8,011) 200%8,460 89% Other Revenue - 30,000 30,000 54,000 - (24,000) 180%- 0% Transfer In - - - - - - 0%- 0% Total Revenue 1,759,111$ (205,030)$ 1,554,081$ 1,438,783$ -$ 115,298$ 93%912,772$ 58% EXPENDITURES Administration 558,690$ -$ 558,690$ 429,626$ -$ 129,064$ 77%371,016$ 16% Debt Service 220,338 - 220,338 220,338 - - 100%2 200,219 10% 45-7 Operating Expenditures 119,546 - 119,546 57,526 8,000 54,020 55%22,944 151% Capital 267,374 - 267,374 - - 267,374 0%- 0% Transfers Out 229,954 - 229,954 227,458 - 2,496 99%1 194,830 17% Total Expenses 1,395,902$ -$ 1,395,902$ 934,946$ 8,000$ 452,955$ 68%789,008$ 18% REVENUE OVER (UNDER) EXPENDITURES 363,209$ (205,030)$ 158,179$ 503,837$ 123,764$ Beginning Working Capital October 1 342,877 342,877 251,393 Ending Working Capital Current Month 501,056$ 846,714$ 375,157$ Notes 1 Capital project funds are transferred as needed; General fund transfers are made monthly. 2 Annual debt service payments are made in February and August. 3 Stormwater fees raised for FY2026. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% STORMWATER DRAINAGE UTILITY FUND Page 26 Page 40 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Sanitation Charges for Services 3,938,626$ 227,585$ 4,166,211$ 3,861,499$ -$ 304,712$ 93%2 3,392,181$ 14% Interest Income 3,500 2,100 5,600 8,258 - (2,658) 147%7,665 8% Transfer In - - - - - - 0%- 0% Total Revenues 3,942,126$ 229,685$ 4,171,811$ 3,869,757$ -$ 302,054$ 93%3,399,846$ 14% EXPENDITURES Administration 75,588$ 30,000$ 105,588$ 62,799$ -$ 42,789$ 59%60,936$ 3% Sanitation Collection 3,445,196 - 3,445,196 3,107,928 337,268 - 100%1 2,657,418 17% Capital Expenditure - 120,120 120,120 80,080 - 40,040 67%- 0% Debt Service 257,501 - 257,501 236,042 - 21,459 92%236,042 0% Transfer Out 195,951 (30,000) 165,951 172,122 - (6,171) 104%- 0% Total Expenses 3,974,236$ 120,120$ 4,094,356$ 3,658,971$ 337,268$ 98,118$ 98%2,954,395$ 24% REVENUE OVER (UNDER) EXPENDITURES (32,110)$ 109,565$ 77,455$ 210,786$ 445,450$ Beginning Working Capital October 1 278,792 278,792 52,403 Ending Working Capital 356,247$ 489,578$ 497,853$ Notes 1 Full trash collection budget encumbered. Actual YTD spend is under expected percentage. 2 Town adopted a weekly bulk service pickup in February 2025. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% SOLID WASTE FUND Page 27 Page 41 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Charges for Services 1,566,797$ 5,267$ 1,572,064$ 1,441,059$ -$ 131,005$ 92%1,048,043$ 38% Grant Revenue - - - - - - 0%- 0% Other Reimbursements 150,000 - 150,000 - - 150,000 0%22,325 -100% Interest Income 250,000 - 250,000 132,484 - 117,516 53%220,037 -40% Auction Proceeds - - - 209,883 - (209,883) 0%158,050 33% Total Revenue 1,966,797$ 5,267$ 1,972,064$ 1,783,425$ -$ 188,639$ 145%1,448,455$ -69% EXPENDITURES Vehicle Replacement 1,972,462$ 7,785$ 1,980,247$ 1,536,463$ 5,251,127$ (4,807,343)$ 343%1, 2 1,622,095$ -5% Equipment Replacement 77,706 (1,503) 76,203 877,700 - (801,497) 1152%1 541,763 62% Technology Replacement 1,089,094 (337,345) 751,749 - - 751,749 0%- 0% Total Expenditures 3,139,262$ (331,063)$ 2,808,199$ 2,414,163$ 5,251,127$ (4,857,091)$ 273%2,163,857$ 12% REVENUE OVER (UNDER) EXPENDITURES (1,172,465)$ 336,330$ (836,135)$ (630,738)$ (715,403)$ Beginning Working Capital October 1 3,891,901 3,891,901 6,055,897 Ending Working Capital Current Month 3,055,766$ 3,261,163$ 5,340,494$ Notes 1 Contracts encumbered at the beginning of the year cause YTD percent to be higher than expected in early months. 2 Encumbrances include $4,861,328 of fire equipment on order but not expected until FY27 or later. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% VEHICLE AND EQUIPMENT REPLACEMENT FUND Page 28 Page 42 Item 5. Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Health Charges 7,231,912$ (274,428)$ 6,957,484$ 5,579,186$ -$ 1,378,298$ 80%1, 3 4,542,603$ 23% Cobra and Stop Loss Reimbursements 300,000 (150,000) 150,000 549,598 - (399,598) 366%2 865,016 -36% Interest Income 20,000 (15,000) 5,000 4,699 - 301 94%2,876 63% Transfers In 710,000 - 710,000 650,833 - 59,167 92%- 0% Total Revenue 8,261,912$ (439,428)$ 7,822,484$ 6,784,316$ -$ 1,038,168$ 87%5,410,494$ 25% EXPENDITURES Contractual Services 133,911$ 205,000$ 338,911$ 241,304$ 3,800$ 93,806$ 72%124,962$ 93% Employee Health Insurance/Claims 8,371,480 (1,469,732) 6,901,748 6,743,920 375 157,453 98%6,957,057 -3% Total Expenditures 8,505,391$ (1,264,732)$ 7,240,659$ 6,985,224$ 4,175$ 251,260$ 97%7,082,019$ -1% REVENUE OVER (UNDER) EXPENDITURES (243,479)$ 825,304$ 581,825$ (200,908)$ (1,671,525)$ Beginning Fund Balance October 1 65,965 65,965 148,135 Ending Fund Balance Current Month 647,790$ (134,943)$ 3 (1,523,390)$ Notes 1 Health Charges expected to increase later in the FY. New plan year starts January 2026. Additional staff bugeted February 2026. 2 Stop loss reimbursements are received after health claims are paid. 3 Health Charges revenue is for filled positions. Amounts for vacant positions is transferred at the end of the year, which will bring fund balance positive. TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 Expected Year to Date Percent 91.7% HEALTH INSURANCE FUND Page 29 Page 43 Item 5. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance REVENUES Property Taxes - Capital Dedicated 10,500,000$ -$ 10,500,000$ 10,500,000$ Contributions/Interlocal Revenue 3,600,000 - 3,600,000 3,676,631 Bond Proceeds - 2026 GO Bonds 23,297,062 - 23,297,062 - Interest Income 3,000,000 - 3,000,000 2,453,290 Transfers In - Impact Fee Funds 5,500,000 - 5,500,000 5,768,479 Transfers In - Tree Mitigation 850,000 - 850,000 850,000 Transfers In - Park Dedication/Improvement 2,150,000 - 2,150,000 2,150,000 Grants - - - 646,113 Other Revenue - - - 7,287 Transfers In - - - - Total Revenues 48,897,062$ -$ 48,897,062$ 26,051,799$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 GOVERNMENTAL CAPITAL PROJECTS FUND Page 30 Page 44 Item 5. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 GOVERNMENTAL CAPITAL PROJECTS FUND EXPENDITURES Street & Traffic Projects Street Projects First Street (DNT - Coleman)24,758,067$ -$ -$ 24,758,067$ 1,122,532$ 19,857,059$ 3,760,129$ 18,348$ Coit Road (First-Frontier)27,789,900 - (6,881,407) 20,908,493 5,444,058 5,546,900 3,215,538 6,701,998 DNT Main Lane (US 380 - FM 428)7,671,186 - - 7,671,186 2,557,062 - 5,114,123 1 Fishtrap (Elem-DNT)32,230,732 - (58,589) 32,172,143 160,649 463,989 31,499,530 47,975 Teel (US380 Intersection Improv.)- - 493,527 493,527 493,527 - - - First Street (Coit-Custer) 4 Lanes 26,563,812 - - 26,563,812 210 - 26,372,036 191,567 Preston Road / First Street Dual Le 900,000 - - 900,000 13,542 8,534 71,523 806,400 Craig Street (Preston - Fifth)750,000 4,400,000 - 5,150,000 52,684 17,793 719,042 4,360,481 Coleman (Gorgeous - Talon)4,022,596 15,500,000 (6,298,291) 13,224,305 329,995 206,381 2,847,712 9,840,217 Legacy (Prairie - Fishtrap) - 4 lan 10,000,000 - 171,519 10,171,519 - - 10,171,519 - Teel Parkway (US 380 - Fishtrap Rd)6,040,289 - 26,212 6,066,501 6,237 4,161 6,056,103 - Coit Road / US 380 SB Dual Left Tur 27,917 - - 27,917 2,064 - 23,986 1,867 Parvin (FM 1385 - Legacy)500,000 - - 500,000 - - 500,000 - Street Impact Fee Analysis 105,627 - - 105,627 1,750 - 57,110 46,766 US 380 Deceleration Lanes - Denton 500,000 - - 500,000 - - 43,600 456,400 Safety Way (Cook - Technology)800,000 - - 800,000 - - 454,085 345,915 Gorgeous/McKinley 700,000 - - 700,000 15,000 - 608,940 76,060 First Street (Coleman - Craig)2,500,000 - - 2,500,000 5,315 273,489 516,408 1,704,788 Gee Road (US 380 - FM 1385) - 2 NB 3,900,000 1,100,000 - 5,000,000 52,687 98,165 1,590,688 3,258,460 Frontier Parkway (Legacy - DNT)300,000 - - 300,000 - - 300,000 - Star Trail, Phase 5: Street Repairs 1,450,000 - - 1,450,000 710,654 300,000 - 439,346 Prosper Trail (Coit - Custer) - 2 W 1,400,000 - - 1,400,000 63,559 121,263 578,178 637,000 Windsong Parkway/US 380 Dual Left T 152,620 - - 152,620 - - 73,318 79,302 Legacy Drive (Prosper Tr. to P - - 6,308,292 6,308,292 1,449 6,298,292 167 8,384 Coleman St (First-Georgeous)660,000 - - 660,000 38,753 239,945 381,902 (600) Teel Parkway (First-Freeman)855,510 - 59,923 915,433 - 295,589 619,844 - Legacy (First St. - Prosper Tr 200,000 - - 200,000 134,800 - - 65,200 Legacy (First St. - Prosper Tr 550,000 - - 550,000 - - - 550,000 Prosper Trail (Legacy - DNT)1,200,000 - - 1,200,000 333,322 448,372 260,306 158,000 Roundabout Peer Review and Tho 28,500 - - 28,500 4,463 - 24,038 - West Gorgeous (McKinley-Colema 230,000 - - 230,000 38,170 100,699 84,128 7,004 Godwin Parkway (DNT - BNSF RR)- 2,000,000 - 2,000,000 1,000,000 - - 1,000,000 Whitley Place/First St. - Open Spac - 250,000 - 250,000 - - - 250,000 Legacy Drive (Star Tr - Legacy MS)- - - - - - - - Unprogrammed Future Projects 522,874 - (95,102) 427,772 - - - 427,772 Page 31 Page 45 Item 5. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 GOVERNMENTAL CAPITAL PROJECTS FUND Street & Traffic Projects Traffic Projects Fifth Street Quiet Zone 500,000 - - 500,000 390 - - 499,610 Traffic Signal - Fishtrap & Artesia 525,000 140,000 (75,000) 590,000 1,305 6,707 323,079 258,909 Median Lighting US 380 (Mahard-Love 300,000 - - 300,000 - - - 300,000 Traffic Signal - DNT/Frontier 281,500 - - 281,500 - 56,637 213,560 11,303 Traffic Signal - Teel Pkway & Prair 525,000 140,000 73,720 738,720 478,306 60,415 39,304 160,696 Traffic Signal Acacia Parkway/Gee R 667,573 - - 667,573 15,780 5,400 645,373 1,020 Traffic Signal First Street/Legacy 992,259 - 54,085 1,046,344 714,692 84,040 246,948 663 Opticom Repair/Installation 85,000 - - 85,000 - 6,960 75,597 2,443 Gee/Lockwood Pedestrian Hybrid 357,113 - - 357,113 232,291 6,285 113,650 4,887 First/Copper Canyon Pedestrian 331,054 - - 331,054 211,103 4,937 108,867 6,147 First/Chaucer Pedestrian Hybri 316,374 - - 316,374 198,633 4,927 106,658 6,156 Tr. Signal (Denton-Fishtrap)390,428 - - 390,428 - - 377,974 12,454 Traffic Improvement Projects (767,160 1,500,000 (954,189) 1,312,971 5,655 - - 1,307,316 Traffic Signal Comunications P 495,000 - 150,000 645,000 134,912 473,805 - 36,283 Traffic Signal - Legacy & Prai 525,000 140,000 (49,500) 615,500 - - - 615,500 School Zone Flashers 140,544 - - 140,544 - - 140,544 - Traffic Equipment 15,928 - - 15,928 - - 15,928 - Crosswalk Development Projects 140,000 - - 140,000 57,839 5,101 62,984 14,076 Traffic Signal - Legacy & Prosper T - 85,000 (24,750) 60,250 - - - 60,250 Traffic Signal - Legacy & Starwood - 85,000 (24,750) 60,250 - - - 60,250 Traffic Signal Warrant Studies - 85,000 (35,500) 49,500 17,325 32,175 - - First St at Fire No.3 Emgcy Signal - - 77,500 77,500 - 77,500 - - La Cima Blvd at Arrowhead-PHB - - 77,500 77,500 - 77,500 - - Coit Rd at Rodgers MS - PHB - - 77,500 77,500 - 77,500 - - Traffic Detection Equipment - - 550,000 550,000 - - - 550,000 Total Street & Traffic Projects 164,664,563$ 25,425,000$ (6,377,300)$ 183,712,262$ 14,650,711$ 35,260,519$ 98,414,418$ 35,386,614$ Page 32 Page 46 Item 5. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 GOVERNMENTAL CAPITAL PROJECTS FUND Park Projects Neighborhood Park Windsong Park #3 350,000$ -$ -$ 350,000$ 307,824$ -$ -$ 42,176$ Lakewood Preserve, Phase 2 5,587,255 - (1) 5,587,255 8,889 5,478 5,563,948 8,940 Downtown Park (Broadway/Parvin)1,158,240 200,000 (127,000) 1,231,240 540,595 34,102 99,058 557,485 Raymond Community Park Dam Repair - 350,000 - 350,000 58,875 42,125 - 249,000 Playground Shade Structures - Lakew - 200,000 - 200,000 - - - 200,000 Security Cameras - Raymond Communit - 250,000 - 250,000 - - - 250,000 Pecan Grove & Whitley Place HOA Irr - 125,000 - 125,000 - - - 125,000 Mirabella Park (Tellus)- 500,000 - 500,000 - - - 500,000 Creekside Park (Shaddock)- 445,000 - 445,000 - - - 445,000 Trails Doe Branch Trail Connections 1,684,000 - - 1,684,000 405,851 50,277 124,111 1,103,761 Downtown Improvements Downtown Improvements 329,383 - 9,930 339,313 89,061 5,485 239,166 5,601 Downtown Monumentation 164,700 - 40,531 205,231 35,278 5,613 164,341 - Downtown Monumentation, Broadway &370,000 255,000 7,622 632,622 353,831 237,205 - 41,586 Prosper Parking Lot and Alley Impro 552,500 - (23,168) 529,332 183,309 244,219 100,550 1,254 Community Park Raymond Community Park 24,787,000 128,000 390,000 25,305,000 6,740,621 565,344 17,375,181 623,854 Raymond Comm. Park, Trail/Brid 916,802 - - 916,802 - 916,535 - 267 Froniter Park Pond Repairs 473,000 - - 473,000 - 33,768 420,123 19,109 Frontier Park Concrete Repairs 120,000 - - 120,000 - - - 120,000 Parks & Recreation Admin Facil 80,000 - - 80,000 - - 72,803 7,197 Doe Branch Property Masterplan 140,000 - - 140,000 46,900 5,000 82,700 5,400 Dream Park - 3,000,000 - 3,000,000 1,113,479 1,861,938 - 24,583 Playgr. Shade Struct.-Pecan Gr 160,000 - - 160,000 - - 158,923 1,077 Median/ Landscape Screening US 380 Green Ribbon Lndscp- Irrigat 2,295,000 - - 2,295,000 192,662 25,233 1,601,537 475,567 Mahard Medians - 500,000 39,006 539,006 30,000 509,006 - - Prairie Medians - 250,000 - 250,000 14,500 35,500 - 200,000 Richland Median Lndscp (Prosper Com - 150,000 - 150,000 - - - 150,000 Prosper Trail Screening (Preston -550,000 - 7,000 557,000 49,339 - 472,986 34,675 Parks Master Plan Update 140,000 - - 140,000 - - 132,707 7,293 Unprogrammed Future Projects 400,190 - (372,339) 27,851 - - - 27,851 Total Park Projects 40,258,070$ 6,353,000$ (28,419)$ 46,582,651$ 10,171,013$ 4,576,825$ 26,608,134$ 5,226,676$ Page 33 Page 47 Item 5. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Years Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 GOVERNMENTAL CAPITAL PROJECTS FUND Facility Projects Public Safety Fire Station #4 Design 950,680$ -$ 2,772$ 953,452$ 96,481$ 12,403$ 856,971$ (12,403)$ Fire Station #4 Other Developm 413,422 - (2,772) 410,650 32,067 665 111,496 266,423 Fire Station #4 Construction 11,610,003 - - 11,610,003 5,075,759 - 6,534,244 - Fire Station #4 (FF&E)700,000 - - 700,000 456,654 - - 243,346 Public Safety Fiber Ring 1,000,000 - - 1,000,000 78,688 6,000 - 915,313 PD Needs Assessment 78,740 - 1 78,741 11,775 - 66,966 - Town Hall HVAC Unit - - 61,933 61,933 61,933 - - - Repairs Fire Station 2 - - 57,429 57,429 57,429 4,205 - (4,205) Central Fire BAS System - - 65,732 65,732 65,732 - - - Fire Station 2 BAS System - - 16,435 16,435 16,435 - - - Fire Station 3 BAS System - - 39,694 39,694 39,694 - - - Quint Fire Engine (New Central Fire 1,495,000 - - 1,495,000 - - 1,469,880 25,120 Ambulance (New Central Fire Station 495,000 - - 495,000 - - 487,388 7,612 Fire Engine Station #4 1,250,000 - - 1,250,000 - - 1,246,418 3,582 Ambulance Station #4 552,000 - - 552,000 - - 551,600 401 In-Car Camera System and Body Worn 387,225 - - 387,225 - - 16,900 370,325 Non-Public Safety Parks & Public Works, Phase 1 5,802,938 5,397,062 8,319,788 19,519,788 473,235 19,610,340 777,468 (1,341,255) Finish Out Interior Spaces Town Hal 685,416 - - 685,416 260,768 4,922 419,725 - Library Master Pan 130,000 - - 130,000 8,600 5,389 116,011 - Town Hall Repairs - N. Parking 290,892 - 7,320 298,212 247,723 - 50,489 - Facility Improvement Projects - 300,000 (241,223) 58,777 - - - 58,777 Unprogrammed Future Projects 511,916 - (340,653) 171,263 - - - 171,263 Total Facility Projects 26,353,232$ 5,697,062$ 7,986,456$ 40,036,751$ 6,982,973$ 19,643,924$ 12,705,557$ 704,299$ Transfer Out CIP Salaries - Streets -$ 400,000$ -$ 400,000$ 400,000$ -$ -$ -$ CIP Salaries - Parks - 300,000 - 300,000 300,000 - - - CIP Salaries - Facilities - 300,000 - 300,000 300,000 - - - Total Expenditures 231,275,865$ 38,475,062$ 1,580,737$ 271,331,664$ 32,804,698$ 59,481,268$ 137,728,108$ 41,317,589$ REVENUE OVER (UNDER) EXPENDITURES (222,434,602)$ (6,752,899)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 82,578,172 82,578,172 Ending Fund Balance (Restricted for Capital Projects) Current Month (139,856,430)$ 75,825,273$ Page 34 Page 48 Item 5. Prior Year Current Year Current Year Life to Date Project Project Original Budget Amended Current Year Current Year Prior Year Budget Budget Budget Adjustment Budget Actual Encumbrances Expenditure Balance REVENUES Interest Income 807,800$ -$ 807,800$ 1,381,226$ Bond Proceeds 26,538,619 - 26,538,619 - Grant Revenue - - - - Transfers In - - - - Transfers In - Impact Fee Funds 6,868,378 - 6,868,378 8,844,490 Transfers In - Drainage Fund 200,000 - 200,000 200,000 Total Revenues 34,214,797$ -$ 34,214,797$ 10,425,715$ EXPENDITURES Water Projects Lower Pressure Plane 42"18,931,100$ -$ (346,400)$ 18,584,700$ -$ -$ 18,510,550$ 74,150$ LPP Water Line Phase, 2A 9,000,000 (1,080,312) 7,919,688 42 - 7,919,646 - Water Line Relocation-Frontier Park 6,900,000 - - 6,900,000 3,437,865 547,783 1,554,570 1,359,781 Parks & Public Works, Phase 1 5,600,000 - 2,395,576 7,995,576 6,717,572 889,998 388,007 - DNT (Prosper Trail - Frontier Parkw 23,785 - - 23,785 - - 3,585 20,200 Water Impact Fee Analysis 105,627 - - 105,627 - - 105,487 139 DNT Water Line Relocation 37,019 - - 37,019 - - 25,127 11,893 5 MG Ground Storage Tank 8,100,000 5,695,000 (74,150) 13,720,850 146,494 180,003 524,677 12,869,677 Craig Street 2 MG EST Rehabili 460,000 2,540,000 - 3,000,000 134,046 162,050 73,305 2,630,599 First Street (DNT - Coleman) - 12"- 2,500,000 - 2,500,000 1,469,887 1,030,113 - - US 380 30-inch Water/8" WW Line Rel - 1,800,000 - 1,800,000 287,619 731,191 - 781,190 Godwin Pkwy Materials - - 261,980 261,980 261,980 - - - Unprogrammed Future Projects 356,728 - (10,299) 346,429 - - - 346,429 Wastewater Projects Doe Branch Parallel Interceptor 16,253,327 - - 16,253,327 3,750,000 - 3,750,000 8,753,327 Upper Doe Branch WW Line 8,025,000 (1,061,980) 6,963,021 1,910,887 448,901 4,573,501 29,731 Sewer Impact Fee Analysis 115,947 - - 115,947 - - 115,807 139 Doe Branch, Phase 3 WWTP 104,946,277 - - 104,946,277 27,500,000 3,835 33,636,712 43,805,730 Wilson Creek WW Line 400,000 - (94,714) 305,286 - - 305,286 - Denton ISD WW Line Reimburseme 531,622 - - 531,622 - - - 531,622 Total Water & Wastewater Projects 179,786,432$ 12,535,000$ (10,299)$ 192,311,133$ 45,616,391$ 3,993,873$ 71,486,261$ 71,214,607$ Drainage Projects Old Town Regional Retention Pond #2 98,386$ 200,000$ -$ 298,386$ -$ -$ 48,323$ 250,063$ Doe Branch Creek Erosion Control 225,000 - - 225,000 - 14,472 183,560 26,968 Total Drainage Projects 323,386$ 200,000$ -$ 523,386$ -$ 14,472$ 231,883$ 277,031$ Transfer Out CIP Salaries - Water -$ 300,000$ -$ 300,000$ 300,000$ -$ -$ -$ CIP Salaries - Wastewater - 200,000 - 200,000 200,000 - - - Total Expenses 180,109,818$ 13,235,000$ (10,299)$ 193,334,519$ 46,116,391$ 4,008,345$ 71,718,144$ 71,491,638$ REVENUE OVER (UNDER) EXPENDITURES (159,119,722)$ (35,690,676)$ Beginning Fund Balance (Restricted for Capital Projects) October 1 115,732,372 115,732,372 Ending Fund Balance (Restricted for Capital Projects) Current Month (43,387,350)$ 80,041,696$ TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT August 31, 2026 UTILITY CAPITAL PROJECTS FUND Page 35 Page 49 Item 5. Page 1 of 2 To: Mayor and Town Council From: Robert Scott, Deputy Town Manager Through: Mario Canizares, Town Manager Re: Clarification to Chapter 17- Financial Management Policy Town Council Meeting – September 22, 2026 Agenda Item: Consider and act upon an amendment to Chapter 17, Financial Management Policy clarifying the calculation of the required Charter Reserve for the General Fund. (RBS) Description of Agenda Item: The Town Charter was first approved by the voters on November 7, 2006, and last revised May 6, 2017. In 2006, the Town’s population was 5,250 and with only 38 employees, there were no adopted financial policies. Accordingly, the original Town Charter committee included financial protections such as a 20% Reserve Requirement for the General Fund. In 2018, the voters approved the creation of a Fire and Crime Control Districts at a quarter cent sales tax for each. During the election, Town Council made it clear that the proceeds of the sales tax would be used as expeditiously as possible to hire additional police officers and firefighters and that all but $25,000 in each fund should be spent each for that purpose. Staff implemented Council’s instructions but discovered over time that having sworn police and fire personnel split between three funds was a source of constant confusion. In 2026, staff recommended and Council concurred that all Police and Fire authorized positions would be reported in the General Fund. Working with the Town Attorney and the Finance subcommittee of Town Council, it was agreed that the $25,000 fund balance requirement for the two Special Purpose Districts would continue to apply to the personnel funded through that fund and as a result would be excluded from the 20% reserve calculation in the General Fund. However, this clarification was never added to Chapter 17-Financial Policy. Budget Impact: There are no budgetary impacts 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. Policy redlines TOWN MANAGER’S OFFICE Page 50 Item 6. Page 2 of 2 Staff Recommendation: Staff recommend the Town Council approve the proposed policy clarification for calculation for the 20% reserve. The Town’s population is now 49,355 with over 430 authorized positions with detailed financial policies to protect the Town’s finances. Proposed Motion: I move to approve amending Chapter 17, Financial Management Policy clarifying the calculation of the required Charter Reserve for the General Fund. Page 51 Item 6. Revised 6.25.2024 Chapter 17, Page 1 TOWN OF PROSPER ADMINISTRATIVE REGULATIONS CHAPTER 17: FINANCIAL MANAGEMENT POLICY SECTION 17.01: PURPOSE AND OVERVIEW This policy guides the Finance Department, and staff in financial management and budgeting matters. The overriding goal of the Financial Management Policy is to enable the Town to achieve a long-term stable and positive financial condition while accomplishing the Town’s long-term strategic goals. All financial operations will be under the direction of the Town Manager, consistent with the council- manager form of government established in the Town Charter. The rapid growth experienced by the Town produces both financial opportunities and challenges. Often many years of sustained growth must occur before major capital expenditures for new facilities and infrastructure are justified and affordable. Often by the time needed improvements are made growth has slowed and only a limited amount of new revenue is available. If property tax revenues are not reserved for those future improvements including related staffing increases, significant financial stress and the need for major tax rate increases will occur. SECTION 17.02: SCOPE The scope of the Town’s Financial Management Policies spans accounting, auditing, financial reporting, internal controls, annual operating and multi-year capital budgeting, revenue management, cash management, expenditure control, and debt management. SECTION 17.03: ACCOUNTING, AUDITING, AND FINANCIAL REPORTING A. Accounting The Town’s Accounting Manager is responsible for establishing and maintaining the chart of accounts, and for properly recording financial transactions. B. Funds Self-balancing groups of accounts are used to account for the Town’s financial transactions in accordance with generally accepted accounting principles. Each fund is created for a specific purpose except for the General Fund, which is used to account for all transactions not accounted for in other funds. In essence, the General Fund is intended for governmental tax supported operations of the Town. Funds are created and fund names are changed by Town Council approval through resolution either during the year or in the Town Council’s approval of the annual operating budget ordinances. (See Fund Balance Policy) C. External Auditing Page 52 Item 6. Revised 6.25.2024 Chapter 17, Page 2 At the close of each fiscal year, and at such other times as may be deemed necessary, the Town Council shall call for an independent audit to be made of all accounts of the Town. The auditors must be a certified public accounting firm capable of conducting the Town’s audit in accordance with generally accepted auditing standards, generally accepted government auditing standards, and contractual requirements. No more than five (5) consecutive annual audits shall be completed by the same firm. The certified public accountant selected shall have no personal interest, directly or indirectly, in the financial affairs of the Town or any of its officers, be a member of the Government Audit Quality Center of the AICPA and have a minimum of ten other government audit and single audit clients. The audit report, with the auditor’s recommendations and findings (if any) will be made to the Finance Sub-Committee of Town Council. Upon completion of the audit, the Independent Auditor’s Report as part of the Annual Financial Report shall be published on the Town’s website and copies of the audit placed on file in the office of the person performing the duties of Town Secretary, as public record. (See Town Charter Article VII, Section 7.18 Independent Audit) D. External Financial Reporting The Town will prepare and publish an Annual Comprehensive Financial Report (ACFR). The ACFR will be prepared in accordance with generally accepted accounting principles, (GAAP) and will be submitted annually to the Government Finance Officers Association (GFOA) for evaluation and awarding of the Certification of Achievement for Excellence in Financial Reporting. The ACFR will include the General Fund Budget and Actual information as a basic financial statement and therefore included in the audit opinion. It will be published and presented to Town Council within six months after the end of the fiscal year. E. Internal Financial Reporting The Finance Department will prepare internal financial reports sufficient for management to plan, monitor, and control the Town’s financial affairs throughout the year. SECTION 17.04: INTERNAL CONTROLS A. Written Procedures Town Management and the Finance Director is responsible for developing town-wide written guidelines for financial management, accounting, financial reporting and finance related compliance requirements including grant compliance and reporting. B. Department Directors Responsibilities Each department director is responsible to the Town Manager to ensure that good internal controls are followed throughout his or her department to achieve the operational, financial management and reporting and compliance objectives of the department and Town. These will include guidelines on accounting and internal controls required by Finance, and that all independent auditor internal control recommendations are addressed. SECTION 17.05: OPERATING BUDGET Page 53 Item 6. Revised 6.25.2024 Chapter 17, Page 3 A. Preparation The Town’s annual “Operating Budget” is legally adopted by ordinance and may only be amended by similar action. It consists of governmental and proprietary funds, including the general obligation and revenue supported Debt Service Fund, but excluding Capital Projects Funds which are adopted on a multi-year project basis. The preliminary budget is prepared by the Finance Department with the cooperation of all Town departments and is submitted to the Town Manager who makes any necessary changes and transmits the document on or before the fifteenth (15th) day of August of the fiscal year to Town Council. Upon receipt of the preliminary budget, Town Council deliberates any needed changes prior to approving the proposed tax rate and budget for the legal advertising and public hearing process. The preliminary budget, a staff document, has now become the proposed budget, an official Town document. The proposed budget and all supporting schedules shall be filed with the Town Secretary when submitted to the Town Council and shall be open to public inspection. Thereafter, the Town Council should enact the final budget prior to fiscal year end. The operating budget may be submitted to the GFOA annually for evaluation and consideration of awarding the Award for Distinguished Budget Presentation. B. Balanced Budget The final operating budget adopted by Town Council shall constitute the official appropriations for the current year and shall constitute the basis of official levy of the property tax as the amount of tax to be assessed and collected for the corresponding tax year. Estimated recurring expenditures will not exceed proposed recurring revenue. Non-recurring expenditures may be funded from recurring revenues, non-recurring revenues or other sources or from undesignated fund balance in excess of the contingency reserve. Unused appropriations may be transferred during the year by the Town Manager within the level of budgetary control to any item required for the same general purpose. Items ordered during the year but not yet received will be encumbered and carried over to the new year, C. Budgetary Control The level of budgetary control is the fund level for all funds. Under conditions which may arise and which could not reasonably have been foreseen in the normal process of planning the budget, the Town Council may, by the affirmative vote of a majority of the full membership of the Town Council, amend or change the budget to provide for any additional expense in which the general welfare of the citizenry is involved. These amendments shall be approved by ordinance, and shall become an attachment to the original budget. D. Tax Rate Management The property tax rate is divided into two categories by state law: Maintenance & Operations (M & O) and Debt Service (also referred to as the Interest & Sinking Fund or I & S). Debt service tax rate is strictly limited to payment of principal and interest on general obligation debt. Maintenance and operations can be used for a wider range of purposes but is limited by state law regarding how much revenue may increase before triggering a mandatory election. For this reason, once reduced, it is very difficult to increase. Recognizing the need to manage its debt levels Page 54 Item 6. Revised 6.25.2024 Chapter 17, Page 4 and to have adequate revenue capacity to staff and operate future facilities without requiring a tax rate increase the Town will determine annually how much of the M & O rate can be designated a “Capital Dedicated/Future Facility Staffing". This levy will be used to reduce needed debt issuance but will ultimately be available to transfer back to the General Fund once growth has slowed but new facilities are still being brought on-line. E. Contingency Reserve Provisions shall be made in the annual budget maintaining a contingency reserve fund balance designation in an amount not less than twenty percent (20%) of the total general fund expenditures, to be used in case of unforeseen items of expenditure or revenue shortfalls. (See Town Charter Article VII, Section 7.08). For purposes of calculating the 20% contingent reserve, expenditures will exclude those items funded through transfers from other funds that are recorded in the General Fund for purposes of transparency and consolidating all of a department’s authorized positions in a single location. Fund Balance policies for the funds where the transfer originated will continue in place. It is also the goal of the Town to achieve and maintain an unassigned fund balance in the General Fund equal to five one percent (1%) of budgeted expenditures for unanticipated expenditures, unforeseen revenue fluctuations, or other adverse circumstances. These contingency reserves are further detailed in the Town’s Fund Balance Policy. F. Planning The budget process will be coordinated in concert with the Town Council’s major strategic planning objectives. A one-year budget is adopted each year and a four-year financial plan is presented to help manage the decisions made for the next fiscal year and the impact it has on future fiscal responsibilities. G. Reporting Periodic financial reports will be prepared to enable the department directors to manage their budgets and to enable the Finance Department to monitor and control the budget as authorized by the Town Council. Summary financial reports will be presented to the Town Council each month. Such reports will include current year revenue and expenditures in comparison to budget and prior year actual revenues and expenditures. Performance Measures and Productivity Indicators Where appropriate, performance measures and productivity indicators will be used as guidelines and reviewed for efficiency and effectiveness. This information will be included in the annual budgeting processes. SECTION 17.06: CAPITAL IMPROVEMENT PROGRAM A. Preparation Page 55 Item 6. Revised 6.25.2024 Chapter 17, Page 5 The Town’s Capital Improvement Program will include all capital projects. The Capital Improvement Program will be prepared annually to be a comprehensive five-year (5) capital program as an attachment to the annual budget. B. Program Planning The program as submitted shall include: 1. A clear general summary of projects; 2. A list of all capital improvements which are proposed to be undertaken during the upcoming five (5) fiscal years, with appropriate supporting information as to the necessity for such improvements; 3. Cost estimates, method of financing, and recommended time schedules for each improvement; and 4. The estimated annual cost of operating and maintaining the facilities to be constructed or acquired. The above information may be revised and extended each year for capital improvements still pending or in process of construction or acquisition. The Capital Improvement Program will be updated and presented to the Town Council, annually. C. Alternate Resources Where applicable, assessments, impact fees, or other user-based fees should be used to fund capital projects, which have a primary benefit to certain property owners. D. Debt Financing Recognizing that debt is usually a more expensive financing method, alternative financing sources will be explored before debt is issued. When debt is issued, it will be used to acquire major assets with expected lives, which equal or exceed the average life of the debt issued. The exceptions to this requirement are the traditional costs of marketing and issuing the debt, capitalized labor for design and construction of capital projects, and small component parts, which are attached to major equipment purchases. E. Reporting Periodic financial reports will be prepared to enable the department managers to manage their capital budgets and to enable the Finance Department to monitor the capital budget as authorized by the Town Council. SECTION 17.07: REVENUE MANAGEMENT A. Simplicity Page 56 Item 6. Revised 6.25.2024 Chapter 17, Page 6 The Town will strive to keep the revenue system simple, which will result in a decrease of compliance costs for the taxpayer or service recipient and a corresponding decrease in avoidance to pay. B. Administration The benefits of revenue will exceed the cost of producing the revenue. The cost of collection will be reviewed annually for cost effectiveness. Where appropriate, the Town will use the administrative processes of state or federal collection agencies in order to reduce administrative costs. C. Dedication of Revenues Revenues will not be dedicated for specific purposes unless required by law or contractual provisions. All non-restricted revenues will be deposited into the General Fund and appropriated by the budget process. D. Financial Stability Current revenues will fund current expenditures and one-time revenues will not be used for ongoing operations. Non-recurring revenues will be used only for non-recurring expenditures. Care will be taken not to use these revenues for budget balancing purposes. E. Property Tax Revenues Property shall be assessed at 100% of the fair market value as appraised by the Collin and Denton Appraisal Districts. Reappraisal and reassessment shall be done regularly, as required by state law. All delinquent taxes will be pursued and turned over to a private attorney. A penalty will be assessed to compensate the attorney as allowed by state law, and in accordance with the attorney’s contract. F. User-Based Fees For services associated with a user fee or a fee to offset charge, the direct and indirect costs of that service will be imposed. There will be a periodic review of fees and charges to ensure that fees provide adequate coverage of costs of services. User charges may be classified as “full cost recovery,” “partial cost recovery,” and “minimal cost recovery,” based on Town Council policy. G. Impact Fees Impact fees are currently imposed for water, wastewater, and roadway in accordance with applicable Town ordinances and state law. Impact fees will be re-evaluated at least every five years, as required by law. Page 57 Item 6. Revised 6.25.2024 Chapter 17, Page 7 H. Utility Rates The Town will review utility rates periodically, and if necessary, adopt new rates that will generate revenues required to fully cover operating expenses, meet the legal restrictions of all applicable bond covenants, and provide for an adequate level of working capital needs and debt service requirements. This policy does not preclude drawing down cash balance to finance current operations. However, it is best that any extra cash balance be used instead to finance capital projects. I. Interest Income Interest earned from investment of available cash resources, whether pooled or not, will be distributed to the funds in accordance with the average monthly cash balances. J. Revenue Monitoring Revenues actually received will be regularly compared to budgeted revenues and variances will be investigated. This process will be summarized in the appropriate budget report. SECTION 17.08: EXPENDITURE CONTROL A. Appropriations The level of budgetary control is explained in Section 17.05.C. Budgetary Control. When budget amendments between funds are necessary, Town Council must approve these. Budget appropriation amendments at lower levels of control shall be made in accordance with the applicable administrative procedures. B. Purchasing All purchases shall be in accordance with the Town’s Purchasing Policy. C. Lapse of Appropriations Every appropriation subject to an annual operating budget shall lapse at the close of the fiscal year to the extent that it has not been expended or encumbered. An encumbered appropriation that has not been received by two months after fiscal year end will also lapse unless a special exception is granted based on extenuating circumstances. Capital expenditures adopted or transferred in a capital project fund or the VERF internal service fund are adopted on a project basis. The purchase of any such appropriation shall be deemed abandoned if three (3) years pass without any disbursement from or encumbrance of the appropriation. Any funds not expended, disbursed or encumbered shall be deemed excess funds. SECTION 17.09: ASSET MANAGEMENT A. Investments Page 58 Item 6. Revised 6.25.2024 Chapter 17, Page 8 The Town’s investment practices will be conducted in accordance with the Public Funds Investment Act (PFIA) and the Town Council approved Investment Policy and Strategy each year. B. Cash Management The Town’s cash flow will be managed for liquidity first while maximizing the cash available to invest. C. Investment Reporting A quarterly Investment Officer’s Report meeting the requirements of the Public Funds Investment Act (PFIA) on investment activities will be provided by the Finance Director for presentation to the Town Council. D. Fixed Assets and Inventory These assets will be reasonably safeguarded and properly accounted for, and prudently insured. SECTION 17.10: FINANCIAL CONDITION AND RESERVES A. No Operating Deficits Current expenditures will be paid with current revenues and prior year surplus. Deferrals, short-term loans, or one-time resources will be avoided as budget balance techniques. Reserves will be used only for emergencies or non-recurring expenditures. B. Operating Reserves In accordance with GASB-54, it is the policy of the Town to classify fund balances as Non- spendable, Restricted, Committed, Assigned, or Unassigned and develop policy for establishment and activity of each classification. See Fund Balance Policy that defines such categories. C. Minimum Unassigned Fund Balance It is the goal of the Town to achieve and maintain an unassigned fund balance in the General Fund equal to one percent (1%) of budgeted expenditures for unanticipated expenditures, unforeseen revenue fluctuations, or other adverse circumstances. This amount is in addition to the twenty percent (20%) restricted fund balance amount required by the Town Charter. Page 59 Item 6. Revised 6.25.2024 Chapter 17, Page 9 D. Risk Management Program The Town will aggressively pursue every opportunity to provide for the public’s and Town employees’ safety and to manage its risks. E. Loss Financing All reasonable options will be investigated to finance losses. Such options may include risk transfer, insurance, and risk retention. F. Enterprise Fund Self-Sufficiency The Town’s enterprise funds’ resources will be sufficient to fund operating and capital expenditures. The enterprise funds will pay (where applicable) their fair share of general and administrative expenses in lieu of property taxes and/or franchise fees. If an enterprise fund is temporarily unable to pay all expenses, then the Town Council may waive general and administrative expenses in lieu of property taxes and/or franchise fees until the fund is able to pay them. G. Special Purpose Districts Cash Reserves The Town has two Special Purpose Districts: Crime Control and Prevention Special Purpose District; and Fire Control, Prevention and Emergency Medical Services Special Purpose District. It is the desire of the Town to maintain a cash reserve balance equal to twenty-five thousand dollars ($25,000) in each of the Special Purpose Districts beginning in fiscal year 20-21 and future fiscal years. H. Contingent Budget Measures Economic downturns including recessions are inevitable even in a rapidly growing community. The dynamic economy of both Texas and Dallas-Fort Worth metroplex and Prosper’s location in the northern growth path make it likely that even recessions will be more a “pause” rather than a “stop”. However, the town must ensure that a structurally balanced budget is maintained even if debt issuance and staffing additions must be paused until the economy recovers. SECTION 17.11: DEBT MANAGEMENT A. General The Town’s borrowing practices will be conducted in accordance with the Town Council approved Debt Management and Debt Post Issuance Policies. B. Self-Supporting Debt When appropriate, self-supporting revenues will pay debt services in lieu of tax revenues. Page 60 Item 6. Revised 6.25.2024 Chapter 17, Page 10 C. Analysis of Financing Alternatives The Town will explore all financing alternatives in addition to long-term debt including leasing, grants and other aid, developer contributions, impact fees, and use of reserves. D. Voter Authorization The Town shall obtain voter authorization before issuing General Obligation Bonds as required by law. In general, voter authorization is not required for the issuance of Revenue Bonds and Certificates of Obligation. SECTION 17.12: STAFFING AND TRAINING A. Adequate Staffing Staffing levels will be adequate for the fiscal functions of the Town to function effectively. Comparison of workload and staffing levels of comparison cities will be explored before adding staff. B. Training The Town will support the continuing education efforts of all financial staff including the investment in time and materials for maintaining a current perspective concerning financial issues. Staff will be held accountable for communicating, teaching, and sharing with other staff members all information and training materials acquired from seminars, conferences, and related education efforts. C. Awards, Credentials The Town will support efforts and involvements which result in meeting standards and receiving exemplary recitations on behalf of any of the Town’s fiscal policies, practices, processes, products, and personnel. Staff certifications may include Certified Public Accountant, Certified Management Accountant, Certified Internal Auditor, Certified Payroll Professional, Certified Government Finance Officer, Professional Public Buyer, Certified Cash Manager, PFIA investment training, and others as approved by the Town Manager upon recommendation of the Finance Director. SECTION 17.13: GRANT MANAGEMENT A. General The Town’s grant management practices will be conducted in accordance with the Town’s Grant Management Policy. Page 61 Item 6. Revised 6.25.2024 Chapter 17, Page 11 The Town of Prosper Financial Management Policy was approved on the 25th of June, 2024. Mario Canizares, Town Manager Page 62 Item 6. 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 22, 2026 Strategic Visioning Priority: Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Mayor to execute an amended Municipal Court Judge Agreement. 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. The Town Council approved the renewal of appointment and agreement at its September 8, 2026, meeting. This amended agreement reflects a change in the monthly retainer increasing from $4,500 per month to $5,000 per month. 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. MUNICIPAL COURT Page 63 Item 7. Page 2 of 2 Attached Documents: 1. Agreement Town Staff Recommendation: Town Staff recommend authorizing the Mayor to execute an amended Municipal Court Judge Agreement. Proposed Motion: I move to approve authorizing the Mayor to execute an amended Municipal Court Judge Agreement. Page 64 Item 7. MUNICIPAL COURT JUDGE AGREEMENT On or about October 1, 2026, the Mayor of the Town of Prosper, with the concurrence of the Town Council for the Town of Prosper (“Town"), reappointed David Moore to serve as the Municipal Court Judge ("Judge") for the Town. This Agreement ("Agreement") shall become effective on October 1, 2026, subject to the following terms and conditions for such professional services. Section 1. Appointment and Term. The Judge is appointed in accordance with Section 4.03 of the Town Charter, and upon majority vote of the full Town Council. The Judge shall serve a term of two (2) years, beginning on October 1, 2026, and concluding on September 30, 2028, unless otherwise terminated pursuant to the terms referenced herein. Section 2. Duties. a. The Judge shall perform the functions and duties specified in the applicable sections of the Town Charter and Town Ordinances and shall perform such other legally permissible and proper duties and functions as the Town shall assign from time to time. Upon request, the Judge shall provide the Town Council with periodic updates of matters in the Prosper Municipal Court, either in writing or in person at scheduled Town Council meetings. b. The Judge shall perform all services and duties customarily performed by a judge of a municipal court in the State of Texas including establishing and maintaining a Courthouse Security Committee required by the Judicial and Courthouse Security Act of 2017. c. The Judge is required to keep abreast of state law and local ordinances, including state, mandated fees for the Prosper Municipal Court. Although a recognized function of judicial discretion, the Judge shall endeavor to enforce the law consistently and within suggested state guidelines. The Judge shall apply the law and enter judgments in accordance with State law and local ordinances, shall abide by all mandatory provisions of the law, and shall not create or apply exceptions where none exist under law. Judicial discretion shall only be applied where allowed under law. d. The Judge shall operate within the docket schedule prepared and coordinated by the Judge, the Court Administrator, the Municipal Court Prosecutor, the Town Attorney and the Town Manager, or designees thereof. The Judge shall timely perform all duties, including, but not limited to, the dockets set forth in the docket schedule. Section 3. Applicable Terms and Conditions; Termination. a. The Judge shall be, at all times and for all purposes, an independent contractor of the Town, as that term is defined by Texas legal authority. The Judge agrees that no property right shall be created by the execution of this Agreement. b. The Judge shall serve at the pleasure of the Town Council. This Agreement and the Judge's services may be terminated at any time by the Town Council, with or without cause, and with or without notice. MUNICIPAL COURT JUDGE AGREEMENT – Page 1 Page 65 Item 7. Section 4. Municipal Court. a. Court shall commence promptly for scheduled docket times on designated court dates. The Judge shall make every effort to take the bench and convene court dockets at the designated docket time. b. Court shall convene the first, second, third and fourth Tuesday and Thursday of every month and the first, second, and fourth Wednesday of each month. The fourth Wednesday being designated for bench and jury trials. The Municipal Court Judge will maintain office hours to complete the necessary post docket work. Virtual court sessions are part of the regular court session and will be available as necessary which may replace one or more scheduled in-person court dates listed in this section. Section 5. Compensation and Evaluation. a. As compensation for all required services, and as outlined above, the Town agrees to pay to the Judge according to a monthly retainer compensation plan of Five Thousand and No/100 Dollars. The Town shall pay the Judge once per month within fifteen days of the first of each month based on contract compensation . b. The Town Council will endeavor to periodically evaluate the Judge. Section 6. General Provisions. a. This Agreement shall constitute the entire understanding and agreement between the parties. b. This Agreement shall become effective on October 1, 2026. c. This Agreement shall be governed by the laws of the State of Texas and venue for any proceeding related to this Agreement shall be in Collin County, Texas . d. If any provision contained in this Agreement is held to be unconstitutional, invalid, or unenforceable, the remainder of this Agreement shall be deemed severable, shall not be affected, and shall remain in full force and effect. e. The Judge shall comply with all provisions of the Texas Code of Judicial Conduct. f. The Judge is an officer of the Town and will be provided insurance coverage for any claims arising in the course and scope of performing his duties to the Town. ACKNOWLEDGED AND ACCEPTED: _______________________________ ___________________________________ David Moore David F. Bristol, Mayor Town of Prosper, Texas _______________________________ ___________________________________ Date Signed Date Signed MUNICIPAL COURT JUDGE AGREEMENT – Page 2 Page 66 Item 7. Page 1 of 2 To: Mayor and Town Council From: Tony Luton, Director of Human Resources Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Re: Dental Benefits Town Council Meeting – September 22, 2026 Strategic Visioning Priority: Provide Excellent Municipal Services Agenda Item: Consider and act upon awarding RFP No. 2026-16-A for Fully insured Dental benefits insurance effective January 1, 2027, and authorize the Town Manager to execute all documents for the same. (TL). Description of Agenda Item: The Town provides dental insurance benefits to employees. Holmes Murphy marketed this coverage on the Town’s behalf. We received 4 competitive bids and requested BAFO from 3 of them: United Healthcare (Incumbent), Aetna, and Delta Dental. The best and final offer from Aetna provides a 13.6% reduction in rates over the incumbent dental provider United Health Care resulting in a $82,247 savings. While Aetna was the second lowest cost bid it provides the least disruption to members providing better geographic network access and a 2-year rate guarantee with an 8% rate cap for the third year and no changes to plan deductibles. The annual total projected cost is $324,384 versus $406,631 to remain with the incumbent dental carrier United Health Care. Budget Impact: Aetna provided a 13.6% reduction providing an estimated $51,081 in plan savings. 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. Dental BAFO Scoring 2. Holms Murphy Dental RFP Results HUMAN RESOURCES Page 67 Item 8. Page 2 of 2 Town Staff Recommendation: Town Staff recommend awarding RFP No. 2026-16-A to Aetna and authorizing the Town Manager to execute all documents for the same. Proposed Motion: I move to award RFP No. 2026-16-A to Aetna and authorize the Town Manager to execute all documents for the same. Page 68 Item 8. Town of Prosper Dental Marketing Summary BAFO Analysis August 2026 Page 69 Item 8. RFP Carrier Responses •Town of Prosper/Holmes Murphy submitted a formal RFP to the market Dental Benefits •The Town of Prosper requested BAFO from UHC, Aetna, and Delta Dental •The Town of Prosper’s current Dental benefits are administered through United Healthcare. Carriers Quoted Declined to Quote UHC (Incumbent)X Aetna X Delta Dental X Page 70 Item 8. Plan Design – Low Plan Benefits UHC UHC Aetna Delta Dental Dental Plan Current – Basic Plan Low Plan Low Plan Low Plan Major Services 50% After deductible 50%, After deductible 50%, After deductible 50%, After deductible Diagnostic & Preventative X-Ray Full Mouth (1 per 60 months)50%, No Deductible 100%, No Deductible 100%, No Deductible 100%, No deductible Basic Services Extractions 80% After Deductible 80% After Deductible 80% After Deductible 80%, After deductible (simple extractions) Major Services Crowns 50% After Deductible 50% After Deductible 50% After Deductible 50% After Deductible Bridges 50% After Deductible 50% After Deductible 50% After Deductible 50% After Deductible Dentures 50% After Deductible 50% After Deductible 50% After Deductible 50% After Deductible Oral Surgery 50% After Deductible 50% After Deductible 80% After Deductible 50%, After deductible (except simple extractions) Periodontics 50% After Deductible 50% After Deductible 80% After Deductible 50% After Deductible Endodontics (root canals)50% After Deductible 50% After Deductible 50% After Deductible 50% After Deductible Orthodontia Maximum N/A N/A N/A N/A *Aetna offers 1st virtual exam free using covered vendors Page 71 Item 8. Plan Design – High Plan Benefits UHC UHC Aetna Delta Dental Dental PPO Network Current – Buy-Up High Plan High Plan High Plan Major Services 50%, After deductible 50%, After deductible 50%, After deductible 50%, After deductible Diagnostic & Preventive X-Ray Full Mouth (1 per 60 months)80%, No Deductible 100%, No Deductible 100%, No Deductible 100%, No deductible Basic Services Extractions 80% After Deductible 80% After Deductible 80% After Deductible 80% After Deductible Major Services Crowns 50% after Deductible 50% After Deductible 50% After Deductible 80%, After deductible Bridges 50% after Deductible 50% After Deductible 50% After Deductible 80%, After deductible Dentures 50% after Deductible 50% After Deductible 50% After Deductible 80%, After deductible Oral Surgery 50% after Deductible 80% After Deductible 80% After Deductible 80%, After deductible Periodontics 50% after Deductible 80% After Deductible 80% After Deductible 80%, After deductible Endodontics (root canals)50% after Deductible 80% After Deductible 80% After Deductible 80%, After deductible Orthodontia Maximum $2,000 $2,000 $2,000 $2,000 Page 72 Item 8. Pricing Comparison Tier # Enrolled Current - Basic UHC Aetna Delta Dental Employee Only 60 $38.38 $41.57 $33.16 $31.32 Employee + Spouse 19 $81.33 $88.09 $70.26 $66.37 Employee + Child(ren)30 $92.42 $100.10 $79.85 $75.42 Employee + Family 35 $139.95 $151.58 $120.91 $114.21 Estimated Monthly Premiums $11,519 $12,476 $9,952 $9,400 Estimated Annual Premiums $138,227 $149,715 $119,423 $112,802 $ Annual Difference $11,487 -$18,804 -$25,425 % Annual Difference 8.3%-13.6%-18.4% Tier # Enrolled Current - Buy-Up UHC Aetna Delta Dental Employee Only 114 $47.86 $51.83 $41.35 $39.06 Employee + Spouse 17 $112.24 $121.55 $96.97 $91.60 Employee + Child(ren)30 $137.51 $148.92 $118.80 $112.22 Employee + Family 41 $201.96 $218.71 $174.48 $164.82 Estimated Monthly Premiums $19,770 $21,410 $17,080 $16,134 Estimated Annual Premiums $237,237 $256,916 $204,961 $193,611 $ Annual Difference -$19,679 -$32,277 -$43,626 % Annual Difference -8.3%-13.6%-18.4% Rate Guarantee N/A Two year rate guarantee *8% Rate Cap for 2029* Two year rate guarantee *$3K onboarding credit* Page 73 Item 8. Carrier GEO Access UHC Aetna Delta Dental Measurement General Specialist Orthodontists General Specialist Orthodontists General Specialist Orthodontists # of Providers 98,505 18,662 6,369 120,798 22,371 6,087 2,004 416 193 # of Locations 71,746 23,399 13,173 83,248 28,241 11,559 4,364 1,036 589 X Providers within X Miles 2 / 10 2 / 15 1 / 20 2 / 10 2 / 15 1 / 20 2 / 10 2 / 15 1 / 20 % of Employee with access 96.8 96.8 97.4 96.8 97.1 97.1 95.1 94.5 96.5 # of Employees WITH access 334 334 336 334 335 335 328 326 333 % of Employee without access 3.2 3.2 2.6 3.2 2.9 2.9 4.9 5.5 3.5 # of Employees without access 11 11 9 11 10 10 17 19 12 Average distance to 2 providers for employees with desired access 1.7 2.9 3.4 1.6 2.9 3.8 2 3.2 4.2 Average distance to 2 providers for employees without desired access 13.7 25.9 33.1 13.7 24.8 32.9 12.8 23.9 33 Page 74 Item 8. Disruption Analysis* 263 253 194 223 68 77 136 107 0 50 100 150 200 250 300 350 UHC Aetna Delta Dental PPO In Network (Y/N)Delta Dental Premier® In Network (Y/N) Yes No *Using 331 currently utilized providers Page 75 Item 8. Thank you! Page 76 Item 8. Reviewer: HMA Product:Dental Weighting UMR Aetna Delta Dental Metric Considerations Administrative Capabilities & Support Services 20%4 4 3 Considerations: - Member Support Services / Spouse Access - Eligibility Integration - Ease of Use (Admin & Members) Fees, Repricing, Renewals, and Guarantees 40%3 4 5 Considerations: - Overall Pricing - Comprehensiveness of pricing - More individual buy up components - Performance & Engagement & Guarantees (ROI) Network & Disruption 25%4 5 3 Considerations: - Geo Access - Overall network breadth - Disruption - by Provider and spend (were applicable) - Optional network availability Value-Added Services 10%4 4 4 Considerations: - Member resources - Online library - Optional programs that enhance member benefit or promote care Score 1 - 5 Page 77 Item 8. Terms & Conditions 5%4 5 5 Considerations: - Match to current plan offering / Variances - Benefit Design enhancements - Optional network availability Combined Total 100%3.6 4.3 4 Page 78 Item 8. Notes Page 79 Item 8. Page 80 Item 8. Reviewer: Product:Dental Weighting UMR Aetna Delta Dental Administrative Capabilities & Support Services 20% Fees, Repricing, Renewals, and Guarantees 40% Network & Disruption 25% Value-Added Services 10% Terms & Conditions 5% Combined Total 100%0 0 0 3 BAFO Carrier Scoring Metric Score 1 - 5 Page 81 Item 8. 1 = Below Standards 2 = Poor 3 = Fair 4 = Good 5 = Excellent Page 82 Item 8. Metric Considerations Notes Considerations: - Member Support Services / Spouse Access - Eligibility Integration - Ease of Use (Admin & Members) Considerations: - Overall Pricing - Comprehensiveness of pricing - More individual buy up components - Performance & Engagement & Guarantees (ROI) Considerations: - Geo Access - Overall network breadth - Disruption - by Provider and spend (were applicable) - Optional network availability Considerations: - Member resources - Online library - Optional programs that enhance member benefit or promote care Considerations: - Match to current plan offering / Variances - Benefit Design enhancements - Optional network availability Page 83 Item 8. Page 1 of 2 To: Mayor and Town Council From: Robyn Battle, Executive Director Through: Mario Canizares, Town Manager Re: Interlocal Agreement for Animal Shelter Services Town Council Meeting – September 22, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper for Animal Shelter Services for an initial term of four (4) years, with annual renewal terms of one (1) year, and an initial fee of $125,096 for FY 2026-2027. Description of Agenda Item: Collin County, the Town of Prosper, and several other municipalities (collectively referred to as "Parties") identified a need for an animal shelter in Collin County for their mutual benefit. In 2006, the Parties entered into an Interlocal Agreement (ILA) for the Facility Construction and Use of an Animal Shelter in Collin County. The shelter was constructed, and the Parties pay an annual fee to Collin County for the maintenance, operations, and use of the shelter. The Animal Shelter Services provided by the County include, but are not limited to, receiving stray animals, caring for impounded animals, and coordinating adoptions and returns, when possible. In FY 2025-2026, the Town entered into a revised ILA with Collin County that includes additional entities and has an updated pricing structure that is intended to stabilize the fluctuation in fees and provide more cost predictability for the participating entities. The proposed ILA for FY 2026-2027 is for an initial term of four (4) years, with annual one-year renewals. The base operations fee beginning on October 1, 2026, which will be split among the participating entities based on population, is $1,887,815 with an annual increase of 3.5% per year. Participating entities will also split the cost of a Maintenance and Capital Contribution, also based on population, as follows:  FY 2026-2027: $190,000  FY 2027-2028: $240,000  FY 2028-2029: $290,000  FY 2029-2030: $340,000 The Collin County Commissioners Court has approved the revised ILA and is encouraging all participating entities to adopt the new ILA. The attached Billing Worksheet provides a detailed HEALTH AND CODE COMPLIANCE Page 84 Item 9. Page 2 of 2 account of the fees charged to the participating entities. The Town and Collin County will continue under the current separate ILA for Animal Control Services. Local governments are authorized by the Interagency Cooperation Act, V.T.C.A. Government Code, Title 7, Chapter 771, to agree or contract with another agency for the provision of necessary and authorized services and resources. The Town of Prosper and several other municipalities contract with Collin County for these services. Budget Impact: The fee for Animal Shelter Services for FY 2026-2027 is $125,096, which is a 7.2% increase from last fiscal year. The fees will be funded by Code Compliance Contracted Services (14041010- 56000). Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the attached ILA as to form and legality. Attached Documents: 1. Collin County Animal Shelter Interlocal Agreement 2. FY 2026-2027 Animal Shelter Billing Worksheet Town Staff Recommendation: Town Staff recommends authorizing the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper for Animal Shelter Services for an initial term of four (4) years, with annual renewal terms of one (1) year, and an initial fee of $125,096 for FY 2026-2027. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper for Animal Shelter Services for an initial term of four (4) years, with annual renewal terms of one (1) year, and an initial fee of $125,096 for FY 2026-2027. Page 85 Item 9. INTERLOCAL AGREEMENT FOR THE USE OF THE COLLIN COUNTY ANIMAL SHELTER This Interlocal Agreement for the Use of the Collin County Animal Shelter ("Agreement") is entered into by and between Collin County (“County”) and the City of Anna, the City of Celina, the Town of Fairview, the City of Farmersville, the City of Lucas, the City of McKinney, the City of Melissa, the City of Nevada, the City of Princeton, and the Town of Prosper (each, a “City” and collectively, the “Primary Cities”), and the Town of St. Paul, the City of Weston, Blue Meadow Municipal Utility District No. 1, East Collin Municipal Utility District No. 1, LC Municipal District No. 1, Magnolia Pointe Municipal Utility District No. 1, North Collin County Municipal Utility District No. 1, Raintree Municipal Utility District No. 1, Van Alstyne Municipal Utility District No. 2, Van Alstyne Municipal Utility District No. 3, and Lakehaven Municipal Utility District (each, an “entity”, and collectively, “Secondary Parties”), (the “County”, the “Cities”, and Secondary Entities hereinafter collectively referred to as the “Parties” or individually referred to as a “Party”) through their duly authorized officers or employees, and this Agreement shall be effective on October 1, 2026, for the Parties that have executed the agreement ("Effective Date''). This Agreement supersedes and replaces all prior agreements between the parties regarding the construction and use of the Collin County Animal Shelter. RECITALS WHEREAS, the Parties have identified a need for animal shelter services in the County; and WHEREAS, the Parties desire to cooperate in using an animal shelter in accordance with Texas law and in a manner intended to realize greater efficiencies in the expenditure of limited public funds; and WHEREAS, the Parties have agreed to purchase animal shelter services from Collin County; and WHEREAS, the Parties believe at this time it is necessary, appropriate, and in their mutual best interests to express in this Agreement their respective duties, responsibilities, and covenants by and between each Party with respect to the animal shelter; and WHEREAS, this Agreement is an interlocal agreement authorized and governed by Chapter 791 of the Texas Government Code, the Interlocal Cooperation Act; and WHEREAS, each Party represents and warrants that in the performance of its respective obligations as set forth in this Agreement, it is carrying out a duly authorized governmental function that it is authorized to perform individually under the applicable statutes of the State of Texas and/or (as applicable) its charter; and WHEREAS, each Party has agreed that any compensation to be paid to any other Party as set forth in this Agreement is an amount that fairly compensates the performing Party for the services or functions described herein, and such compensation shall be paid from current revenues available to the paying Party; Page 86 Item 9. NOW, THEREFORE, in consideration of the above recitals, the mutual promises that follow and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, the Parties do hereby agree as follows: TERMS: 1. Definitions. For purposes of this Agreement and all other agreements, contracts and documents executed, adopted or approved pursuant to this Agreement, the following terms shall have the meaning prescribed to them within this section unless the context of their use dictates otherwise: (a) Agreement - this Agreement together with all attachments and schedules appended hereto. (b) Cities - the City of Anna, the City of Celina, the Town of Fairview, the City of Farmersville, the City of Lucas, the City of McKinney, the City of Melissa, the City of Nevada, the City of Princeton, and the Town of Prosper. (c) County - Collin County, Texas. (d) Parties - The Cities, the County, and the Secondary Parties, collectively. (e) Quarterly Payment - Payments made to the County by each City on a quarterly basis, comprised of the City’s: (1) Base Operations Fee; (2) Maintenance and Capital Contribution; (3) Non-Resident Surcharge Fee, if applicable; and (4) Capacity Surcharge Fee, if any. (f) Secondary Parties - the Town of St. Paul, the City of Weston, the Blue Meadow Municipal Utility District No. 1, the East Collin Municipal Utility District, the LC Municipal District No. 1, the Magnolia Pointe Municipal Utility District No. 1, the North Collin County Municipal Utility District No. 1, the Raintree Municipal District No. 1, the Van Alstyne Municipal Utility District No. 2, the Van Alstyne Municipal Utility District No. 3., and the Lakehaven Municipal Utility District. (g) Secondary Party Payment – Payments made to the County by each Secondary Party on a quarterly basis, as further described herein. (h) Shelter – the Collin County Animal Shelter facility, including all buildings and structures located at 4750 Community Avenue, McKinney, Texas, utilized for Shelter Services on behalf of the Parties. (i) Shelter Services - the scope of services to be provided at the Shelter, as further described and shown on the attached "Exhibit A". Page 87 Item 9. 2. Incorporation of Recitals. The recitals that appear above are found by the Parties to be true and correct in all respects and are incorporated into this Agreement by reference. 3. Initial Term/Renewal Term. 3.01 Initial Term. This Agreement shall commence on the Effective Date and shall continue for an initial term of four (4) years, unless terminated earlier as provided in this Agreement or by law. 3.02 Renewal Term. Unless terminated in accordance with this Agreement, by law, or modified by agreement of the Parties, this Agreement may be renewed for a term following the Initial Term. The duration of the renewal term shall be for a period of one (1) year, upon the same terms and conditions as this Agreement or as modified by subsequent agreements between the Parties. Parties must notify all other Parties in writing one (1) year prior to the expiration of the Initial Term whether they seek a renewal term. 4. Addition of New Parties. At any time after the date of this Agreement, one or more additional Cities or Entities may become party hereto by executing and delivering this same agreement with the County. Immediately upon such execution and delivery by that Party and the County, without any further action by any other Party named in this agreement or any amendment to the Preamble of this Agreement, such City or Entity will become a Party to this Agreement, assuming all rights and obligations as a City or Entity hereunder. 5. Animal Shelter Facility. The County will allow the Shelter to be used for purposes related to this Agreement. The County will retain its title and ownership in the Shelter during the term of this Agreement and following termination. No other party, person and/or entity shall have any legal rights, title or interest in the Shelter. 6. Operation of Facilities. 6.01 County Authority. County has exclusive authority over the operation of the Shelter. The County, through its Commissioners Court, shall be empowered to make all decisions regarding ongoing operational issues including scheduling, replacement of furniture and equipment, problems associated with breakage of personal property and fixtures, and related issues. 6.02 Shelter Operation by City. If during the term of this Agreement any Party, other than the County, desires to operate the Shelter, including providing employees for the operation thereof, it shall express such request in writing to County along with a proposed plan for the operation of the Shelter. Upon receipt of the Party's written request, the County shall enter into negotiations Page 88 Item 9. with that Party for purposes of transferring operational control of the Shelter to that Party on terms and conditions that are mutually agreeable between County and said City; however, nothing herein shall require the County to transfer operational control of the Shelter on terms and conditions the County finds to be detrimental to its and/or the Shelter's long term interest and/or viability. 6.03 Use of Shelter by Non-Parties. While the Parties to this Agreement may use the Shelter, it is agreed that the County may accept delivery of animals to the Shelter from non-parties to this Agreement, so long as the occupancy rate of the Shelter on the date of said delivery does not exceed 100% of the maximum capacity allowed. In such event, the non-parties shall be charged a flat fee, as determined by the County, for use of the Shelter. 6.04 Housing Limitations. There will not be a limit to the number of animals delivered by any Party. If the Shelter reaches capacity, as determined by County, the County may stop accepting animals or apply a surcharge, as determined by the County, to the City or Entity to accept the animal. 6.05 Shelter Workers. The persons employed to work at the Shelter shall be County employees, subject to the exclusive direction and control of the County. The County shall be responsible for all wages, benefits, and taxes associated with all of the Shelter workers. 6.06 Shelter Services. The scope of services to be provided at the Shelter is defined in "Exhibit A". Should County, through a Commissioners Court Order, amend Shelter Services as outlined in “Exhibit A”, County shall give notice to Parties of said proposed amendment within thirty (30) days of amendment. Any proposed amendment shall not be legally binding until County receives the written consent of said amendment by a majority of the Cities. 6.07 Payments by Cities for Use of the Shelter. Each City agrees to pay up front and in advance on a quarterly basis its Quarterly Payment. Each City warrants that, as of the Effective Date of this Agreement, it has appropriated and has committed funds in the amount of its Quarterly Payment requirements to the extent such payments will become due during the City's current fiscal year. Each City hereby covenants and agrees to pay promptly when due all Quarterly Payments, all adjustments to such payments, and any other charges payable to the County under the provisions of this Agreement. Each City further covenants and agrees that all such Quarterly Payments due and owing or other charges due and unpaid as of the date of termination of this Agreement shall be deemed due and payable on such termination date. Each City agrees that any Quarterly Payment due to the County which is not paid on or before the due date shall bear interest at the Page 89 Item 9. rate of interest prescribed by the Texas Prompt Payment Act (Tex. Gov't Code Ann.§ 2251.025) from the date due until paid. 6.07.01 Base Operations Fee. The Base Operations Fee shall be set at $1,887,815.00 beginning October 1, 2026, and increase by three and one half (3.5) percent each year for the duration of this agreement. Each City’s proportion of the Base Operations Fee shall be calculated on a pro-rata basis based on the U.S. Census Bureau’s Decennial Census or the population estimates from the North Central Texas Council of Governments (“NCTCOG”). For any City who is not included in the NCTCOG population estimates, the Base Operations Fee payments due from that City will be based on a flat fee amount at rates set by the County. The County reserves the right to increase the Base Operation Fee to cover additional expenses related to a material change to the operation of the Shelter, including maintenance and operations costs related to an expansion of the animal shelter facility. 6.07.02 Maintenance and Capital Contribution. The Maintenance and Capital Contribution shall be set at $190,000.00 beginning on October 1, 2026, and increase according to the schedule below: • FY 27, October 1, 2026: $190,000.00 • FY 28, October 1, 2027: $240,000.00 • FY 29, October 1, 2028: $290,000.00 • FY 30, October 1, 2029: $340,000.00 Each City’s proportion of the Maintenance and Capital Contribution shall be calculated on a pro-rata basis based on the U.S. Census Bureau’s Decennial Census or the population estimates from NCTCOG. For any City who is not included in the NCTCOG population estimates, the Maintenance and Capital Contribution payments due from that City will be based on a flat fee amount at rates set by the County. 6.07.03 Non-Resident Surcharge Fee. Cities with residents that do not live in Collin County shall pay a Non-Resident Surcharge Fee. The Non-Resident Surcharge Fee shall be calculated on a pro-rata basis based on the U.S. Census Bureau’s Decennial Census or the population estimates from NCTCOG. The County shall calculate the Non-Resident Surcharge Fee by dividing the debt service payment for any debt sold from the November 2023 Collin County bond election for the Collin County Animal Shelter by the population of Collin County as determined by the latest Census or NCTCOG population estimate. The quotient shall be multiplied Page 90 Item 9. by the number of municipal residents living outside of Collin County. Beginning on October 1, 2026, with the Non-Resident Surcharge Fee shall be calculated and apportioned to the Quarterly Payment for each such City with residents that do not live in Collin County. For avoidance of doubt, Cities whose resident populations are located solely within Collin County shall not be subject to a Non-Resident Surcharge Fee at any time. 6.07.04 Capacity Surcharge Fee. The County shall send notice to all Cities within twenty-four (24) hours upon the Shelter reaching one hundred percent (100%) capacity. Upon provision of said notice, the County may assess a Capacity Surcharge Fee to a City upon delivery of an animal to the Shelter for so long as the Shelter remains at one hundred percent (100%) capacity, as determined by the County. The Capacity Surcharge Fee shall be determined by the Commissioners Court and shall not exceed $500 per animal. Capacity Surcharge Fees shall be calculated and paid as part of the next quarterly payment after the Capacity Surcharge Fee invoice is received. 6.07.05 Notice. Notice of the estimated Annual Payment Amount and Quarterly Payments shall be sent to each City by July 1 of each year. 6.07.06 Scheduled Payments. Each City's Quarterly Payment is due as and shall be paid to the County in advance without demand or offset at such an address as the County shall, from time to time, designate in writing. 6.08 Non-appropriation: Notwithstanding any other provision(s) to the contrary in this Agreement, the Parties specifically recognizes that the continuation of this Agreement after the close of any given fiscal year of the Cities, which fiscal year ends on September 30th of each year, shall be subject to approval by the governing bodies of each participating City: The Parties expressly agree that this Agreement shall automatically terminate, without any penalty or liability to any participating City, in the event the governing body of such City fails to approve or appropriate funds for any continuation period of this Agreement. 6.08.01 Notice of Non-appropriation. If for any fiscal year a City fails to appropriate or commit funds to satisfy its Quarterly Payments and/or any other financial obligations under this Agreement, such City shall promptly give written notice to all other Parties of the non-appropriation of funds. A City shall make a reasonable effort to ensure that funds are appropriated to fully perform its obligations under this Agreement. A City shall endeavor to provide all other Parties with at least one (1) year notice of such Page 91 Item 9. City's intent to not appropriate the funds necessary to satisfy its obligations under this Agreement. 6.08.02 Loss of Rights. Any Party who fails to fully appropriate the funds necessary to cover such Party’s obligations under this Agreement shall, upon the effective date of such non-appropriation, immediately lose all rights to house any animals in the Shelter or have any use thereof. 6.09 Payment by Secondary Parties for Use of the Shelter. Each Secondary Party shall pay to the County on a quarterly basis, $562.50 for each Municipal Utility District ($2,250.00 annually) and $687.50 for each city not included on NCTCOG’s annual population estimates ($2,750.00 annually). 7. Termination. Notwithstanding any other provision, this Agreement may be terminated as provided in this section. 7.01 Mutual Agreement. This Agreement may be terminated by mutual agreement of all of the Parties, as evidenced by a written termination agreement. 7.02 By the County. The County may terminate this agreement without cause if the County gives notice to each of the Party one (1) year before the date of termination. The County may also terminate this agreement if a Party fails or refuses to make its Quarterly Payments as required by this Agreement. A Party that receives notice of termination due to non-payment of Quarterly Payments will have sixty (60) days to become current with its Quarterly Payment obligation and avoid termination. If a Party is subject to termination under this subsection, such Party shall not be entitled to a refund of any payments made prior to termination. 7.03 By a City or Secondary Party. Any City that is a Party to this Agreement may voluntarily end its rights and obligations under the Agreement, if at any time, the City believes that adhering to the Agreement is no longer in its best interest. To invoke its right to terminate the Agreement, a City must give at least one (1) year notice of its intent to terminate its rights and obligations under this Agreement to all other Parties. No prior payments shall be refunded. 7.04 Non-appropriation of funds. The County may cease all operation of the Shelter and thereby terminate this Agreement if any Party fails to appropriate the funds necessary to perform its obligations under this Agreement and such non-appropriation losses cannot be mitigated adequately by efforts of the County, and such non-appropriation results in a lack of committed funding for the continued operation of the Shelter. In Page 92 Item 9. such event, the County shall provide all Parties with reasonable notice of its intent to terminate this Agreement in accordance with this provision and shall provide the other Parties with a reasonable opportunity to mitigate any damages caused because of a Party's non-appropriation. 8. Additional Rights Upon Default. This Agreement may be enforced in law or in equity, including a suit for specific performance and/or for damages. The Parties agree that specific performance should be an available remedy due to the difficulty in determining the damages that may accrue as a result of a material breach of the Agreement by any other Party. In the alternative, should any Party breach any of the terms of this Agreement, the non-breaching Parties to this Agreement may obtain a judgment against any breaching Party to remedy such breach. Such rights upon breach shall be supplemental to those procedures set forth in Section 8 below. The Parties hereby expressly waive their immunity from suit and for liability and/or damages in connection with any actions brought by another Party to this Agreement solely to enforce a term of this Agreement. 9. Dispute Resolution Process. Before commencing formal legal proceedings concerning any dispute arising under or relating to this Agreement, or any breach thereof, the Parties agree to observe the following procedures ("Dispute Resolution Process”). 9.01 Notice. The aggrieved Party shall notify the responding Party of the dispute by way of a meeting or a writing which contains sufficient detail to clearly identify the problems giving rise to the dispute, and the responding Party shall attend said meeting or respond to the writing within 30 days. 9.02 First Resolution Meeting. After consulting with and obtaining input from the appropriate individuals so as to facilitate a complete discussion and proposed solution of the problem, the Parties shall schedule a meeting and designate representative(s) to attend such meeting to attempt to effect an agreed resolution of the issue. 9.03 Second Resolution Meeting. If the Parties' designated representatives reach an impasse concerning the dispute, the following representative shall meet to discuss the dispute: (a) if the Party is a City, the City Manager and/or the Mayor; (b) if the Party is the County, a County Commissioner and/or County Judge. 9.04 Successful Resolution. If the Parties reach an accord at any stage of the meeting, they shall reduce their agreement to writing. Such writing shall be presented for approval by the respective governing bodies of all Parties to this Agreement. If approval of the writing is obtained by a majority of the Parties, such writing shall constitute an amendment to this Agreement with respect to the subject matter of the notice of the dispute. The terms and conditions of such an amendment shall not supersede the terms and Page 93 Item 9. conditions of this Agreement with respect to any matter other than the subject matter submitted to the Dispute Resolution Process. 9.05 Unsuccessful Resolution. If the Parties are unable to reach a resolution of the dispute within 90 days, either Party may pursue such legal and equitable remedies as are available to it under Texas law in a court of competent jurisdiction in Collin County, Texas. 9.05.01 Expenses for Enforcement. In the event either party hereto is required to employ an attorney to enforce the provisions of this agreement or required to commence legal proceedings to enforce the provisions hereof, the prevailing party shall be entitled to recover from the other, reasonable attorney’s fees and court costs incurred in connection with such enforcement including collection. 10. Miscellaneous. 10.01 Interpretation of Agreement. Although drawn by one Party, this Agreement shall, in the event of any dispute over its meaning or application, be interpreted fairly and reasonably, and neither more strongly for or against any other Party. 10.02 Administration of Agreement. The County shall administer this Agreement on behalf of the County. The City Council of each City shall administer this Agreement on behalf of each City. The District’s Board of Directors shall administer this Agreement on behalf of the District. Each Party may designate a new administrator on written notice to the other. 10.03 Governing Law. This Agreement shall be governed by the laws of Texas without regard to the principles of conflict of laws. 10.04 Venue. Any litigation relating to this Agreement shall be brought in State court in Collin County, Texas. 10.05 Non-Assignability. A Party shall not assign, sublet or transfer its interest in this Agreement without the written consent of the other Parties. 10.06 Notices. Any notice or request required to be given pursuant to the terms of this Agreement shall be in writing and mailed or delivered to the respective Parties at the address set forth for each Party below, or any other address which the respective Parties hereafter may designate in writing to the other party for such purposes. and such notice or request shall be deemed to have been duly given if (1) delivered personally to such Party, or to an officer or duly authorized agent of such Party; or (2) served by enclosing the request or notice in a registered or certified mail, with return receipt requested, Page 94 Item 9. postpaid envelope properly addressed to the Party to be notified and depositing the envelope in a post office or official depository under the care and custody of the United States Postal Service; or (3) delivered by telecopy, when appropriate, addressed to the Party to be notified. Notice deposited in the mail in the manner herein above described shall be effective from and after such deposit if it is received by its intended recipient within ten (10) business days of the mailing. Notice given in any other manner shall be effective only if and when received by the Party to be notified. For purposes of notice, the addresses of the Parties shall, until changed as herein provided, be as follows: For Collin County, Texas: (A) Collin County Attn: Collin County Judge 2300 Bloomdale Rd, Suite 4192 McKinney, Texas 75071 (B) Collin County Attn: County Administrator 2300 Bloomdale Rd, Suite 4192 McKinney, Texas 75071 (C) Collin County Attn: Purchasing Agent 2300 Bloomdale Rd, Suite 3160 McKinney, Texas 75071 For the Entity: Name: _______________________________ Address: ______________________________ The Parties shall have the right from time to time to change their respective addresses by giving at least fifteen (15) days' written notice to all other Parties. 10.07 Severability. Should any provision of this Agreement or the application thereof be held invalid or unenforceable to any extent, the remainder of this Agreement and the application thereof shall not be affected thereby and shall continue to be valid and enforceable to the fullest extent, consistent with the intent of the Parties as evidenced by this Agreement. Page 95 Item 9. 10.08 Non-waiver. Failure of a Party to exercise any right or remedy in the event of default by any other Party shall not constitute a waiver of such right or remedy for any subsequent breach or default. 10.09 Authority of Signatories. The Parties represent that the individuals signing this Agreement on their behalf possess full power and authority to enter into this Agreement from their respective governing boards in compliance with the laws of the State of Texas. 10.10 Further Assurance. Each Party agrees to perform all other acts and execute and deliver all other documents as may be necessary or appropriate to carry out the intent and purposes of this Agreement. 10.11 Retention of Defenses. The Parties agree that neither this Agreement nor the operation or use of the Shelter by the Parties shall affect, impair or limit their respective immunities and limitations of liability to the claims of third parties, including claims predicated upon Shelter Site defects. 10.12 Modification. If the Parties desire to modify this Agreement during or after the initial term, any modifications may be either incorporated herein .by written amendment or set forth in a new written agreement. 10.13 Entire Agreement. This Agreement constitutes the entire agreement of the Parties. This Agreement may not be altered or amended except by mutual written agreement as provided herein. 10.14 No Third-Party Beneficiaries. This Agreement does not confer any rights or remedies upon any person or entity other than the Parties. 10.15 Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement, when and to the extent such failure or delay is caused by or results from acts beyond the affected party’s reasonable control, including, without limitation: acts of God; flood, fire or explosion; war, invasion, riot or other civil unrest; actions, embargoes or blockages in effect on or after the date of this Agreement; or national or regional emergency (each of the foregoing, a “Force Majeure Event”). A party whose performance is affected by a Force Majeure Event shall give notice to the other party, stating the period of time the occurrence is expected to continue and shall use diligent efforts to end the failure or delay and minimize the effects of such Force Majeure Event. Page 96 Item 9. DATED to be effective this the _____ day of , 2026. COLLIN COUNTY, TEXAS 2300 Bloomdale Road, Suite 4192 McKinney, Texas 75071 BY: BY: TITLE: TITLE: DATE: DATE: ATTEST: ATTEST: NAME: NAME: TITLE: TITLE: Page 97 Item 9. EXHIBIT “A” ANIMAL SHELTER – SCOPE OF SERVICES • Public Operating days/hours: 11:00 a.m.-6:00 p.m. Tuesday-Friday 11:00 a.m.-5:00 p.m. Saturday and Sunday Closed to the public on Monday (Personnel on site for 8 hours on Monday for cleaning, feeding and care only). o 6 Animal Control Officers - 240 hours per week total o 1 Shelter Manager – 40 hours per week o 1 Shelter Supervisor – 40 hours per week o 2 Leads (1 field, 1 shelter) – 80 hours per week total o 1 Administrative Assistant – 40 hours per week o 1 Dispatcher – 40 hours per week o 2 Front Desk Personnel – 80 hours per week total o 1 Vet Tech – 40 hours per week o 2 Coordinators (Volunteer & Adoption, Rescue, Foster) – 80 hours per week total o 3 Part Time Kennel Techs – 60 hours per week total o 1 Part Time Clerical Tech – 20 hours per week • 24/7 access to ACOs for live animal drop-off. o 24/7 access to small freezer for deceased, small animals. o 24/7 access to large freezer for deceased, large animals. • House, feed and care for (or locate appropriate care and housing for) any type of animal surrendered to the shelter, ensuring that their basic needs are met. • Hold received animals for 3 days. o Verify current rabies vaccination for all owner-reclaimed animals. o Counsel and provide information on the importance of spay and neuter to all affected owners reclaiming animals. o Provide low-cost microchipping. o Pre-evaluate for adoption potential o Humanely euthanize, in accordance with law, animals not reclaimed by owner, not rescued and not identified as “adoptable”. o Dispose of, in accordance with law, all euthanized animals. • Reduce disease transmission between animals by placing animals suspected of communicable illness in a separate isolation area. • Place animals involved in biting incidents in rabies quarantine area and observe for signs of rabies for the specified amount of time. • Build and maintain a database of information about each animal that enters and leaves the shelter. Page 98 Item 9. NCTCOG 2026 Populaiton Estimate^ Operations Fee (FY 27 base year) Maintenance and Capital Contribution Non- resident Surcharge Fee Total Anna 36,935 4.42%$83,535 $8,407 $91,943 Celina 78,647 9.42%$177,875 $17,902 $1,131 $196,908 Collin County 119,000 14.26%$269,141 $27,088 $296,228 FairView 11,732 1.41%$26,534 $2,671 $29,205 Farmersville 5,742 0.69%$12,987 $1,307 $14,294 Frisco* 214,538 25.70%$485,218 $48,835 $17,069 $551,122 Lucas 8,459 1.01%$19,132 $1,926 $21,057 McKinney 232,291 27.83%$525,369 $52,876 $578,245 Melissa 28,967 3.47%$65,514 $6,594 $72,108 Nevada 1,498 0.18%$3,388 $341 $3,729 Princeton 47,530 5.69%$107,498 $10,819 $118,317 Prosper 49,355 5.91%$111,626 $11,235 $2,236 $125,096 834,694 100.00%$1,887,816 $190,000 $20,436 $2,098,252 FY 27 Animal Shelter New ILA Payments * Frisco will not participate in the Animal Shelter after November 2028. Their amount for FY 2027 will be different than it appears here. Page 99 Item 9. Page 1 of 2 To: Mayor and Town Council From: Robyn Battle, Executive Director Through: Mario Canizares, Town Manager Re: Animal Control Services Town Council Meeting – September 22, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon authorizing the Town Manager to execute Amendment No. 20 to the Interlocal Agreement between Collin County and the Town of Prosper for Animal Control Services in the amount of $119,775 for FY 2026-2027. Description of Agenda Item: The Town of Prosper and Collin County entered into an Interlocal Agreement (ILA) in 2006 authorizing Collin County to provide Animal Control Services for the Town of Prosper. The Animal Control Services provided by the County include, but are not limited to, vaccination of animals, reporting of human exposure to rabies, quarantining and testing of biting animals, reduction of the stray animal population, restraint of dangerous animals, prohibition of dogs running at large and of inhumane treatment of animals, and other related services, and to prescribe penalties for violation of such provisions in accordance with Chapters 822, 825, and 826 of the Texas Health & Safety Code, and Chapter 142 of the Agriculture Code. The initial term of the ILA was for one year, with automatic one-year renewal terms. The proposed Amendment No. 20 is for the renewal term of October 1, 2026, to September 30, 2027. Fees are based on the budgeted maintenance and operations expenses for Collin County Animal Control services, plus an additional capital contribution based on equipment replacement costs. The total amount is divided among the entities participating in the Interlocal Agreement, based on population. The attached Billing Worksheet provides a detailed account of the fees charged to the participating entities. Local governments are authorized by the Interagency Cooperation Act, V.T.C.A. Government Code, Title 7, Chapter 771, to agree or contract with another agency for the provision of necessary and authorized services and resources. The Town of Prosper and several other municipalities contract with Collin County for these services. Budget Impact: The fee for Animal Control Services for FY 2026-2027 is $119,775, which is a 30% decrease from last fiscal year. The fees will be funded by Code Compliance Contracted Services (14041010- 56000). HEALTH AND CODE COMPLIANCE Page 100 Item 10. Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved the ILA document as to form and legality. Attached Documents: 1. FY 2026-2027 Animal Control Amendment 20 2. FY 2026-2027 Animal Control Billing Worksheet Town Staff Recommendation: Town Staff recommends authorizing the Town Manager to execute Amendment No. 20 to the Interlocal Agreement between Collin County and the Town of Prosper for Animal Control Services in the amount of $119,775 for FY 2026-2027. Proposed Motion: I move to authorize the Town Manager to execute Amendment No. 20 to the Interlocal Agreement between Collin County and the Town of Prosper for Animal Control Services in the amount of $119,775 for FY 2026-2027. Page 101 Item 10. Office of the Purchasing Agent Collin County Administration Building Contract Modification Document 2300 Bloomdale Rd, Ste 3160 McKinney, TX 75071 972-548-4165 Vendor:Contract No. Contract: Item #1:The agreement will be renewed for a period of one (1) year, beginning October 1, 2026, through and including September 30, 2027, at the rate indicated below. Item #2:Total Amount for fiscal year 2027: Item #3:Update to Exhibit "A" Animal Control - Scope of Services - attached. Amendment No. 20 has been accepted and authorized on ______________________ by authority of the Collin County Commissioners Court by Court Order No._____________________, to be effective on October 1, 2026. ACCEPTED BY: SIGNATURE SIGNATURE Michelle Charnoski, NIGP-CPP, CPPB (Print Name)(Print Name) TITLE:TITLE: DATE: DATE: PURCHASING AGENT YOU ARE DIRECTED TO MAKE THE FOLLOWING MODIFICATION TO THIS CONTRACT Except as provided herein, all terms and conditions of the contract remain in full force and effect and may only be modified in writing signed by both parties. 119,775.00$ Town of Prosper P.O. Box 307 Prosper, TX 75078 10110-09 Interlocal Agreement, Animal Control Services Town of Prosper 1Page 102 Item 10. Amendment No. 1 Court Order No.Summary One year Renewal, fees updated Amendment No. 2 Court Order No.Summary One year Renewal, fees updated Amendment No. 3 Court Order No.Summary One year Renewal, fees updated Amendment No. 4 Court Order No.Summary One year Renewal, fees updated Amendment No. 5 Court Order No.Summary One year Renewal, fees updated Amendment No. 6 Court Order No.Summary One year Renewal, fees updated Amendment No. 7 Court Order No.Summary One year Renewal, fees updated Amendment No. 8 Court Order No.Summary One year Renewal, fees updated Amendment No. 9 Court Order No.Summary One year Renewal, fees updated Amendment No. 10 Court Order No.Summary One year Renewal, fees updated Amendment No. 11 Court Order No.Summary One year Renewal, fees updated Amendment No. 12 Court Order No.Summary One year Renewal, fees updated Amendment No. 13 Court Order No.Summary One year Renewal, fees updated Amendment No. 14 Court Order No.Summary One year Renewal, fees updated Amendment No. 15 Court Order No.Summary One year Renewal, fees updated Amendment No. 16 Court Order No.Summary One year Renewal, fees updated Amendment No. 17 Court Order No.Summary One year Renewal, fees updated Amendment No. 18 Court Order No.Summary One year Renewal, fees updated, Added Force Majeure Amendment No. 19 Court Order No.Summary One year Renewal, fees updated Amendment No. 20 Court Order No.Summary One year Renewal, fees/SoS updated 2026-093-02-02 2019-893-10-07 2021-248-03-22 2021-1064-10-25 2022-1052-10-03 2023-1044-10-16 2024-913-09-16 2014-012-01-06 2014-1004-12-15 2016-030-01-04 2017-043-01-23 2017-870-10-23 2019-016-01-07 2011-018-01-10 2011-684-09-19 2013-017-01-07 2006-879-09-26Awarded by Court Order No. HISTORICAL INFORMATION 2008-047-01-22 2008-894-10-14 2009-852-10-12 2Page 103 Item 10. EXHIBIT “A” ANIMAL CONTROL – SCOPE OF SERVICES • Normal Operating days/hours: 8:00 a.m.-5:00 p.m. Tuesday-Sunday Emergency calls only on Mondays. o 6 Animal Control Officers - 240 hours per week total o 1 Shelter Manager – 40 hours per week o 1 Shelter Supervisor – 40 hours per week o 2 Leads (1 field, 1 shelter) – 80 hours per week total o 1 Administrative Assistant – 40 hours per week o 1 Dispatcher – 40 hours per week o 2 Front Desk Personnel – 80 hours per week total o 1 Vet Tech – 40 hours per week o 2 Coordinators (Volunteer & Adoption, Rescue, Foster) – 80 hours per week total o 3 Part Time Kennel Techs – 60 hours per week total o 1 Part Time Clerical Tech – 20 hours per week • 24 hour/7 day on-call services for emergencies. The following situations will be considered emergencies: o Any/all Fire and Police/Sheriff calls for assistance  Provide support to police/Sheriff personnel when called for assistance in cases that may include estrays. This includes all aspects from capture and impoundment to final disposition.  Personnel responding to estray calls shall be trained and equipped to handle euthanasia. o Gravely injured animal. o Vicious/dangerous animal. o Animal attack/bite against a human. o Livestock loose/Estray. o Suspicion of rabid animal. • Response times: 45-minute response time to calls (measured from time of call to arrival on scene) – in general. Circumstances may arise to delay response time (i.e., inclement weather, prior calls, heavy call volume, travel to remote locations, etc.). If 45-minute response time cannot be met, the responding officer shall provide a reasonable estimated time of arrival. Maximum response time of 2 hours. • Shall comply with the regulations contained in the most recently adopted Collin County Rabies/Animal Control Regulations Court Order (currently 96-117-02-26), most recently adopted Additional Provisions to the Rabies/Animal Control Regulations (currently 97- 544-08-11), and the most recently adopted Prohibition of Possessing Wild Animals in Unincorporated Areas Court Order (currently 97-641-09-22 attachment A); and Vernon’s Texas Annotated Codes, Volume 2 Agricultural Code, Chapter 142 Estray Statutes. Compliance shall include but not be limited to the regulations/codes listed. Page 104 Item 10. • Enforce the most recently adopted Collin County Animal Control Regulations (currently 96-117-02-26, 97-544-08-11 and 97-641-09-22). • Enforce Vernon’s Texas Annotated Codes, Volume 2 Agricultural Code, Chapter 142 Estray Statutes and definitions included in the Parks and Wildlife Code, Chapter 71.001. This shall include animals in the above statutes plus skunks. • Investigate and respond to all complaints. • Enforce all applicable regulations through issuance of citations or filing of civil and/or criminal charges. Appear in Court as State’s witness in all cases filed. • As needed or required by law, perform humane destruction of animals in the field and removal of carcasses. Shall remain at scene with animal until verified destroyed. • Submit any suspect animal’s head to Department of State Health Services for rabies diagnosis, in the event of human contact. • Capture of stray injured or aggressive animals as described in the most recently adopted Animal Control Ordinance and Vernon’s Texas Annotated Codes, Volume 2 Agricultural Code, Chapter 142 Estray Statutes on a complaint basis. Page 105 Item 10. Population* NCTCOG 2026 Estimate % of Charges FY 2027 Budgeted M&O and Per. FY 2027 Capital Contribution** FY 2027 Total Cost before Adjust. Less Smaller Entities Less Adjustments for FY 2025 Budget vs. Actual FY 2027 Total Billed Anna 36,935 9.77%88,273$ 8,307$ 96,580$ 4,130$ 2,817$ 89,634$ Celina 78,647 20.81%187,963$ 17,689$ 205,652$ 8,794$ 5,998$ 190,860$ Fairview 11,732 3.10%28,039$ 2,639$ 30,678$ 1,312$ 895$ 28,471$ Melissa 28,967 7.66%69,230$ 6,515$ 75,745$ 3,239$ 2,209$ 70,297$ Princeton 47,530 12.58%113,595$ 10,690$ 124,285$ 5,314$ 3,625$ 115,346$ Prosper 49,355 13.06%117,956$ 11,101$ 129,057$ 5,518$ 3,764$ 119,775$ Collin County 119,010 31.49%284,429$ 26,767$ 311,196$ 13,307$ 9,077$ 288,813$ Farmersville 5,742 1.52%13,723$ 1,291$ 15,015$ 642$ 438$ 13,935$ Totals 377,918 100% 903,209$ 85,000$ 988,209$ 42,255$ 28,823$ 917,131$ Total Billed:903,209$ FY 2025 Billed 880,764$ Smaller Entities:42,255$ FY 2025 Actual 851,941$ Total +/- back 860,954$ Total +/- back 28,823$ FY 2027 Budgeted M&O and Per. FY 2027 Capital Contribution** FY 2027 Total Cost before Adjust. Less Smaller Entities Less Adjustments for FY 2025 Budget vs. Actual FY 2027 Total Billed Lavon 3,150$ 3,150$ Lucas 19,030$ 19,030$ Nevada 1,575$ 1,575$ Weston 2,500$ 2,500$ Blue Meadow MUD No. 1 2,000$ 2,000$ North Collin County MUD No. 1 2,000$ 2,000$ Van Alstyne MUD No. 3 2,000$ 2,000$ Magnolia Pointe MUD No. 1 2,000$ 2,000$ Van Alstyne MUD No. 2 2,000$ 2,000$ East Collin MUD No. 1 2,000$ 2,000$ Raintree MUD No. 1 2,000$ 2,000$ LC MUD No. 1 2,000$ 2,000$ 42,255$ 42,255$ Grand Total:959,386$ Grand Total is the total billed amount for the larger and smaller entities combined. FY 2027 Animal Control Billing Worksheet Larger Entities / Original Entities **Yearly Capital Charge Covers Any/All Equipment Replacement Costs Total cost before adjustments is calculated by taking the adopted operating budget for the upcoming year and adding $85,000 for Capital Contribuitons. To get the total billed amount subtract the flat contract amounts for the smaller entities and entities added at a later time and subtract out the adjustments from the last closed fiscal year to true up the expeditures. See below the adjustment calculation. Smaller Entities / Added Later Adjust. for FY 2025 Budget vs. ActualFY 2027 Billing Breakout Page 106 Item 10. Page 1 of 2 To: Mayor and Town Council From: Alexis Turner, P.E., Civil 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: Construction Materials Testing and Observation Services Agreement Craig Road (Preston Road to Fifth Street) Town Council Meeting – September 22, 2026 Strategic Visioning Priority: 1. Acceleration of Infrastructure Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Craig Road (Preston Road to Fifth Street) project in the amount of $147,224. Description of Agenda Item: At the August 25, 2026, Town Council meeting, the Town Council awarded McMahon Contracting LP, the construction contract for the Craig Road (Preston Road to Fifth Street) project. In conformance with standard practice for governmental entities, the Town of Prosper is contracting with an independent firm for professional construction materials testing and observation services instead of the selected contractor including these services in their proposals. Construction materials testing and observation services are typically 1% to 5% of a project’s construction cost depending on its scope. The proposal from Geotex Engineering LLC, for construction materials testing and observation services is 3.7% of the CIP project’s construction cost. The proposed services will be delivered on an as-needed basis and invoiced based on the actual quantity of work performed during construction. After establishing a fee schedule, the scope of services has been estimated based on standard practices and requirements for materials testing frequencies within the construction industry. At the October 24, 2023, Town Council meeting, the Town Council approved a list of qualified firms, which included services for Geotechnical Engineering and Material Testing. Geotex Engineering LLC (formerly known as D&S Engineering Labs, Inc.), is included on the approved list and has successfully worked on several projects within the Town of Prosper. ENGINEERING SERVICES Page 107 Item 11. Page 2 of 2 Budget Impact: The estimated cost for the professional construction materials testing and observation services is $147,224. Funding to be provided from the $4,340,000.00 construction budget for the Craig Road (Preston Road to Fifth Street) project in Account No. ST202140-CONST-CONST. The approved construction contract with McMahon Contracting LP, is $3,649,793.58 plus the authorized $300,000 for construction phase contingencies for a total of $3,949,793.58. W hen combined with the approved construction contract, there is $242,982.42 remaining in the budget. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Services Agreement 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Craig Road (Preston Road to Fifth Street) project in the amount of $147,224. Proposed Motion: I move to authorize the Town Manager to execute a Professional Services Agreement between Geotex Engineering LLC, and the Town of Prosper, Texas, related to professional construction materials testing and observation services for the Craig Road (Preston Road to Fifth Street) project in the amount of $147,224. Page 108 Item 11. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 1 OF 16 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE CRAIG ROAD (PRESTON ROAD - FIFTH STREET) PROJECT (2140-ST) This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and GEOTEX ENGINEERING LLC, a company authorized to do business in Texas, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional construction materials testing & observation services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional construction materials testing & observation services in connection with the CRAID ROAD (PRESTON ROAD – FIFTH STREET) PROJECT (2140-ST), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under similar circumstances by competent members of their profession. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement an amount not-to-exceed One Hundred Forty-Seven Thousand Two Hundred Twenty-Four Dollars and Zero Cents ($147,224.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. All other not to exceed fees shall be billed monthly based on the units of work that have been completed. Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount Page 109 Item 11. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 2 OF 16 of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND Page 110 Item 11. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 3 OF 16 RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Geotex Engineering LLC Amy Brothers, P.E., President / Owner P.O. Box 855 Collinsville, TX 76233 ABrothers@geotex-engineering.com Town of Prosper Mario Canizares, Town Manager PO Box 307 Prosper, TX 75078 mcanizares@prospertx.gov 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign its rights or delegate its duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirement of the Town Charter, which is repeated in Exhibit D - Conflict of Interest Affidavit and incorporated herein as if written word for word, and will abide by the same. Further, a lawful representative of Consultant shall execute the Affidavit included in the exhibit. Consultant understands and agrees that the existence of a prohibited interest during the term of this Agreement will render the Agreement voidable. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit E - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. Page 111 Item 11. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 4 OF 10 18.Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19.“Anti-Israel Boycott” Provision. In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not enter into a contract with a company for the provision of goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its signature to this Agreement that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 20.IRAN, SUDAN AND FOREIGN TERRORIST ORGANIZATIONS. If § 2252.153 of the Texas Government Code is applicable to this Contract, by signing below Contractor does hereby represent, verify and warrant that (i) it does not engage in business with Iran, Sudan or any foreign terrorist organization and (ii) it is not listed by the Texas Comptroller under § 2252.153, Texas Government Code, as a company known to have contracts with or provide supplies or services to a “foreign terrorist organization” as defined in § 2252.151 of the Texas Government Code. 21.PROHIBITION ON CONTRACTS WITH CERTAIN COMPANIES PROVISION. In accordance with Section 2252.152 of the Texas Government Code, the Parties covenant and agree that Contractor is not on a list maintained by the State Comptroller’s Office prepared and maintained pursuant to Section 2252.153 of the Texas Government Code. 22.Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 2026. GEOTEX ENGINEERING LLC By: Signature Printed Name Title Date TOWN OF PROSPER, TEXAS By: Signature Mario Canizares Printed Name Town Manager Title Date Tyler Poley Director of Operations 9/15/2026 15thSeptember Page 112 Item 11. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 5 OF 16 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE CRAIG ROAD (PRESTON ROAD - FIFTH STREET) PROJECT (2140-ST) <<<REFERENCE NEXT 3 PAGES FOR DETAILS>>> Page 113 Item 11. 2711 Hartley Field Road, Denton, Texas 76208 Phone: 940.735.3733 ● Fax: 940.591.6570 ● www.geotex-engineering.com Texas Engineer Firm Registration # F-12796 Oklahoma Engineering Firm Certificate of Authorization CA 71811 August 26, 2026 23-0817-017 Ms. Alexis Turner Town of Prosper aturner@prospertx.gov Subject: Construction Materials Testing Services Craig Road Preston Road to 5th Street Prosper, Texas Dear Ms. Turner: Geotex Engineering is pleased to submit this proposal for construction materials testing for the above- referenced project. We understand that the project entails paving improvements to Craig Road from Preston Road to 5th Street in Prosper, Texas. This proposal is based on civil construction set plans dated April 2026. PROJECT INFORMATION Based on our review of the project plans we understand that the project will consist of the following:  Craig Road  Scarified and re-compacted subgrade for sidewalks  6-inch lime-treated paving subgrade  Portland cement concrete paving  Utility trench backfill  Retaining wall  Cast in place storm inlets  Cast in place headwall SCOPE OF SERVICES The following scope of services is based on our review of the project documents and is limited to providing testing and/or observations for the previously mentioned construction. We do request that your construction representative provide us with a 24-hour notice for scheduling purposes. Same-day call-ins will be billed at premium rates. As such, we agree to provide the appropriate personnel to perform the below construction materials services. Earthwork ➢ Obtain and perform laboratory moisture/density relations (ASTM D698) and soil classification tests (liquid limit, plastic limit, and percent finer than no. 200 sieve analysis) for each soil type Page 114 Item 11. Craig Road Preston Road to 5th Street Prosper, Texas G e o t e x E n g i n e e r i n g Page 2 ➢ Perform in-place moisture/density tests at the proposed rate of 1/300 linear feet for paving areas, and utility backfill ➢ Perform a pH test per 300 feet of spacing or less along each roadway and fire lane direction ➢ Determine swell potential, and compressive strength every 900 feet spacing or less along each roadway and fire lane direction ➢ Perform in-place sieve analysis at the rate of 1/300 linear feet and depth checks at the rate of 1/100 linear feet on lime treated paving subgrades Asphalt Paving ➢ Determine roll patterns for placement of the proposed HMAC pavement surface Reinforcing Steel ➢ Perform reinforcing steel observation which will include: ▪ verify the number and size of bars ▪ verify clearance between bars and spacing ▪ verify securing, tying, and chairing of bars Cast-In-Place Concrete ➢ Perform testing during concrete placements, which will include: ▪ perform ambient and concrete temperature determinations ▪ perform entrained air content determination ▪ perform slump determination ➢ Cast concrete test cylinders at the proposed rate of 5/100 cubic yards of concrete placed, or a fraction thereof placed per day ➢ Compressive strength determination of concrete test cylinders with one tested at 7 days, three tested at 28 days, and one held in reserve Notes and Qualifications: Preparation of a compliance letter or other tasks and services that will require Professional Engineering (PE) hours will be billed at the PE’s rate of $250/hour. COMPENSATION While testing is dependent on the construction sequence, contractor performance and efficiency, weather conditions, and the actual testing performed, we suggest an estimated budget of $147,224. The invoicing for this project will use the attached fee schedule and the actual quantity of work performed. The estimated budget will not be exceeded without prior approval. The services provided by Geotex Engineering will be consistent with the engineering standards prevailing at the time and in the area in which the work is performed; no other warranty, express or implied, is intended. Estimates are valid for 60 days. If ICC Special Inspections are requested or required, additional fees will apply. Any additional testing that the client requests will be billed. Fees are subject to increases upon the calendar year or following years of signing the contract. Additional slump, entrained air, and temperature tests requested will be charged to the client. (Slump-$20), (Entrained Air and Unit Weight-$25), (Temperature-$5). If a NICET inspector is required, additional fees will apply. Page 115 Item 11. Craig Road Preston Road to 5th Street Prosper, Texas G e o t e x E n g i n e e r i n g Page 3 We appreciate the opportunity to provide you with our services. Please call if you have questions or wish to discuss the budget estimate. This proposal is made subject to and expressly incorporates by reference the terms and conditions of Geotex’s Continuing Agreement for Construction Materials Testing Services, which is attached hereto or otherwise provided to The Town of Prosper. Sincerely, Geotex Engineering, LLC Brandon Lowrance Brandon Lowrance Chief Estimator The Town of Prosper __________________________ Alexis Turner Page 116 Item 11. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 9 OF 16 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND GEOTEX ENGINEERING LLC FOR THE CRAIG ROAD (PRESTON ROAD - FIFTH STREET) PROJECT (2140-ST) <<<REFERENCE NEXT 3 PAGES FOR DETAILS>>> Page 117 Item 11. Geotex Engineering, LLC 2711 Hartley Field Road Denton, Texas Phone: 940.735.3433 Quantity Unit Unit Rate Total Moisture Density Relations (ASTM D698 - Method A or B)4 each $210.00 $840.00 Moisture Density Relations Treated (ASTM D698 - Method A or B)2 each $310.00 $620.00 Moisture Density Relations (ASTM D698 - Method C)1 each $235.00 $235.00 Atterberg Limits (ASTM 4318)6 each $95.00 $570.00 Minus 200 Sieve Analysis 6 each $55.00 $330.00 Soil pH 10 each $75.00 $750.00 Overburden Swell 4 each $125.00 $500.00 Unconfined compressive strength (soil)4 each $75.00 $300.00 Sieve Analysis 1 each $300.00 $300.00 Oversized Rock Correction 1 each $110.00 $110.00 Lime Depth Checks 60 each $20.00 $1,200.00 Lime Subgrade Gradations 20 each $20.00 $400.00 Sulfate Content in Soils, Colorimetric Method 4 each $105.00 $420.00 Lime Series 1 each $525.00 $525.00 Lime Series Letter 1 each $250.00 $250.00 40 each $20.00 $800.00 113 each $20.00 $2,260.00 100 each $20.00 $2,000.00 20 hour $65.00 $1,300.00 214 hour $65.00 $13,910.00 80 hour $65.00 $5,200.00 90 hour $97.50 $8,775.00 Trip Charge 63 trip $50.00 $3,150.00 Project Manager 29 hour $175.00 $5,075.00 Project Administration n/a %10 $4,982.00 $54,802.00 Concrete Test Cylinders (4 x 8 inch) 430 each $26.00 $11,180.00 (Includes: ambient & concrete temperatures, slump, air & unit weight) Certified Engineering Concrete Technician (Min. 4 hrs. per trip)530 hour $65.00 $34,450.00 (Includes reinforcing observation & cylinder pick up) Certified Engineering Concrete Technician (Estimated overtime)200 hour $97.50 $19,500.00 Trip Charge 120 trip $50.00 $6,000.00 Project Manager 45 hour $175.00 $7,875.00 Project Administration n/a %10 $7,901.00 $86,906.00 Asphalt Observation & Testing In-Place Moisture-Density Tests (Paving) Min 3 Per Trip Budget Estimate for Construction Materials Craig Road Preston Road to 5th Street Prosper, Texas 23-0817-017 In-Place Moisture-Density Tests (Grading Fill) Min 3 Per Trip Testing & Observation Services Certified Engineering Soils Technician (Estimated overtime) Certified Engineering Soils Technician - Grading Fill (Min. 4 hrs. per trip) Estimated Total for Concrete Services: Item In-Place Moisture-Density Tests (Utilities) Min 3 Per Trip Certified Engineering Soils Technician - Paving (Min. 4 hrs. per trip) Certified Engineering Soils Technician - Utilities (Min. 4 hrs. per trip) Estimated Total for Earthwork Services for Paving & Utilities: Concrete Observation & Testing Earthwork Observation & Testing Paving & Utilities Page 118 Item 11. Geotex Engineering, LLC 2711 Hartley Field Road Denton, Texas Phone: 940.735.3433 Budget Estimate for Construction Materials Craig Road Preston Road to 5th Street Prosper, Texas 23-0817-017 Testing & Observation Services Item 16 hour $85.00 $1,360.00 Nuclear Density Gauge Equipment Rental Fee 2 day $125.00 $250.00 2 trip $50.00 $100.00 Project Manager 2 hour $175.00 $350.00 Project Administration n/a %10 $206.00 $2,266.00 Project Setup Fee 1 each $250.00 $250.00 Allowance for Sr. Engineer 12 hour $250.00 $3,000.00 $3,250.00 $147,224.00 SCHEDULED ASSUMPTIONS AND NOTES NOT INCLUDED IN REQUIREMENTS OR THE BUDGET Tests in excess of above stated quantities or additional tests not listed Retesting of any failed tests / observation Temporary site curing facility Project compliance letter Certified Roadway Specialist - Set Rolling Patterns Asphalt Observation & Testing Estimated Total for Above Services: Utility backfill completed at a rate of 300 linear feet per day, full depth of trench. 400 cubic yards of paving concrete placed per day. 300 linear feet of sidewalk concrete placed per day. 12 trips for sidewalk concrete placement. 2 trips for asphalt. Trip Charge Estimated Total for Asphalt Services: No construction schedule, specifications or geo report provided. 11 trips for approaches concrete placement. 2 trips for retaining wall concrete placement. 24 trips for utility structure concrete placement. 6 trips for water line backfill. 10 trips for storm drain backfill. 1 trip for proctor pick up. 16 trips for paving earthwork. 3 driveway approaches completed per day. Page 119 Item 11. Geotex Engineering, LLC 2711 Hartley Field Road Denton, Texas Phone: 940.735.3433 Budget Estimate for Construction Materials Craig Road Preston Road to 5th Street Prosper, Texas 23-0817-017 Testing & Observation Services ItemThe fees listed above for field and laboratory tests, include the equipment necessary to accomplish the task. Fees not listed above are available upon request. Estimates are valid for 60 days. Any additional testing that the client requests will be billed. There will be a 50% surcharge to the standard testing fees on all testing performed on rush orders. All services and personnel fees are subject to a minimum fee of four hours per trip for all scheduled inspections, site visits and for cancellations (on-site or in route) unless noted otherwise. Hourly rates quoted are portal to portal and apply to standard work days, Monday through Friday 7:00 am to 6:00 pm. Overtime rate of 1.5 times the quoted rate will be applied outside of the standard work hours, over 8 hours a day and on Saturday. Sundays and Holidays will be billed at 2 times the quoted rates. Fees listed above are per unit/hour, unless otherwise noted. Same-day call-ins to be billed at 1.5 times the hourly rate of the available personnel, up to and including the project manager's rate. Fees listed are for informational use only and are subject to change. If ICC Special Inspections are required, additional fees will apply. Fees are subject to increases upon the calendar year or following years of signing the contract. Additional slump, entrained air and temperature tests requested will be charged to client. (Slump-$20), (Entrained Air and Unit Weight-$25), (Temperature-$5). If NICET inspector is required, additional fees will apply. Page 120 Item 11. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 13 OF 16 EXHIBIT C INSURANCE REQUIREMENTS Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: Page 121 Item 11. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 14 OF 16 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage, which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Certificate holder to be listed as follows: Town of Prosper P.O. Box 307 Prosper, TX 75078 Page 122 Item 11. Page 123 Item 11. PROFESSIONAL SERVICES AGREEMENT VERSION 05/22 PAGE 10 OF 10 Geotex Engineering, LLC N/A N/A N/A 9/15/2026 Page 124 Item 11. LOCATION MAP Craig Road Improvements Preston Road to Fifth Street E First Street E Broadway Street (FM 1193) E Fifth Street Craig Road Rucker Elementary Page 125 Item 11. 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 22, 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. This item was tabled at the September 8, 2026, Town Council meeting by a vote of 7-0. 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 126 Item 12. DEVAGRE-26-0007 Page 1 of 11 FRONTIER GATEWAY DEVELOPMENT AGREEMENT THIS FRONTIER GATEWAY DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the Town of Prosper, Texas (“Town”), and Urban Heights at Frontier 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 Frontier Gateway (“Property”), a Preliminary Site Plan of which Property is attached hereto as Exhibit A and incorporated by reference; and NOW, THEREFORE, in consideration of the foregoing premises, and for other good and valuable consideration the receipt and adequacy of which are hereby acknowledged, the 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 an y 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. 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 Page 127 Item 12. DEVAGRE-26-0007 Page 2 of 11 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 Government Code, as amended, and the Town’s Zoning Ordinance, as amended. 5. Reserved Powers Doctrine. The Parties to this Agreement acknowledge the “reserved powers doctrine” as enunciated by the Texas Supreme Court in Kirby Lake Dev., Ltd. v. Clear Lake City Water Auth., 320 S.W.3d 829, 843 (Tex. 2010) (providing that certain legislative and governmental powers “are conferred on government entities for public purposes and can neither be delegated nor bartered away. Government entities cannot cede away such powers through contracts with others . . . .”). Consequently, in the event that Developer seeks approval of Specific Use Permits for Lots 1 and/or 3 for drive-through restaurants on said lots, the Town will endeavor to promptly consider the approval of such permits, and further, the Town recognizes and Page 128 Item 12. DEVAGRE-26-0007 Page 3 of 11 acknowledges the reasons underlying Developer’s request for such Specific Use Permits. Additionally, Town Staff would support the request for Specific Use Permits for drive-through restaurants on Lots 1 and/or 3. 6. 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; (8) business entities which primarily utilize outdoor storage or displays , (9) distribution center; (10) dry cleaning, major; (11) laundromat; and (12) additionally, package store alcohol sales may only be allowed on Lots 11 and 12. 7. 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. 8. 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) days 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 liab le for consequential or punitive damages. 9. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in Collin County, Texas. 10. 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 a ddress as either party hereto shall notify the other: Page 129 Item 12. DEVAGRE-26-0007 Page 4 of 11 If to the Town: The Town of Prosper 250 W. First Street Prosper, Texas 75078 Attention: Town Manager If to Developer: Urban Heights at Frontier LLC Vijay Sagar Pelaprolu 4577 Firewheel Drive Plano, TX 75024-3970 11. Prevailing Party. In the event any person initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitl ed to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 12. 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. 13. 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. 14. 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. 15. 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. 16. Filing in Deed Records. This Agreement, and any and all subsequent amendments to this Agreement, shall be filed in the deed records of Collin County, Texas. Page 130 Item 12. DEVAGRE-26-0007 Page 5 of 11 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to nonbinding mediation. 18. 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. 19. 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. 20. 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. 21. Consideration. This Agreement is executed by the Parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Page 131 Item 12. DEVAGRE-26-0007 Page 6 of 11 22. 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. 23. 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. 24. 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 prin ciple that the language herein is to be construed against any Party shall not apply. 25. 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. 26. 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. 27. Rough Proportionality. Developer hereby agrees that any land or property donated and/or dedicated pursuant to this Agreement, whether in fee simple or otherwise, to the Town relative to any development on the Property is roughly proportional to the need for such land and Developer hereby waives any claim therefor that it may have. Developer further acknowledges and agrees that all prerequisites to such a determination of rough proportionality have been met, and that any costs incurred relative to said donation are related both in nature and extent to the impact of the development referenced herein. Both Developer 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. 28. Exactions/Infrastructure Costs. Developer has been represented by legal counsel in the negotiation of this Agreement and been adv ised 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 purs uant to Chapter 1001 of the Texas Occupations Code, to review and determine that the Page 132 Item 12. DEVAGRE-26-0007 Page 7 of 11 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 from 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 133 Item 12. DEVAGRE-26-0007 Page 8 of 11 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 134 Item 12. DEVAGRE-26-0007 Page 9 of 11 DEVELOPER: URBAN HEIGHTS AT FRONTIER LLC By: _____________________________ Name: Vijay Sagar Pelaprolu Title: ____________________________ STATE OF TEXAS ) ) COUNTY OF ________ ) This instrument was acknowledged before me on the ___ day of _______________, 2026, by Vijay Sagar Pelaprolu on behalf of Urban Heights at Frontier 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 135 Item 12. DEVAGRE-26-0007 Page 10 of 11 FRONTIER GATEWAY (DEVAPP-24-0110) EXHIBIT A: PRELIMINARY SITE PLAN Page 136 Item 12. DEVAGRE-26-0007 Page 11 of 11 FRONTIER GATEWAY (DEVAPP-24-0110) EXHIBIT B: BUILDING MATERIALS EXTERIOR APPEARANCE OF BUILDINGS: A. Architectural Standards 1. Architectural style requirements are to be provided in accordance with the Design Standards for Office, Retail, Restaurant, Service, Automobile, Commercial, and Mixed-Use Development Standards of the Town of Prosper’s Unified Development Code, Article 2, Section 2.15.C in addition to the building material requirements below: a. Permitted primary exterior materials shall constitute a minimum 80% of an elevation and are defined as clay fired brick, natural and manufactured stone, granite, and marble. b. Secondary materials used on the façade of a building are those that comprise a total of 20% or less of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood and stucco (3-step application process). Stucco is only permitted a minimum of nine feet above grade. c. Buildings facing Dallas Parkway and backing to the centralized open space area will have rear façades that mirror the look of a front façade. Page 137 Item 12. 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 22, 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 is the Site Plan that was acted on by the Planning and Zoning Commission on September 1, 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-26-0024 – Westside, Block A, Lot 3 (Approved 7-0) 2. PowerPoint Slides Town Staff Recommendation: Town Staff recommend the Town Council take no action on this item. Proposed Motion: N/A PLANNING Page 138 Item 13. PROPOSED 10' COSERV ESMT.EX. CONCRETE25' LANDSCAPE ANDHIKE AND BIKE TRAILEASEMENT 15' BLD SETBACK15' BLD SETBACK15' BLD SETBACK10.0'SSSSSSSST29.6'29.6'29.5'30.0' 30.0'52.7'53.6'STMH #2SSMH #110'x10' SIGN EASEMENT(PER FILE NO. 2021-235470)15.0'10'x10' WATER EASEMENT(PER VOL. 2020, PAGE 55)10'x10' WATER EASEMENT(PER VOL. 2020, PAGE 55)10'x10' WATER EASEMENT(PER VOL. 2020, PAGE 55)10'x10' WATER EASEMENT(PER VOL. 2020, PAGE 55)15' DRAINAGE EASEMENT(PER VOL. 2020, PAGE 55)10'x10' WATER EASEMENT(PER VOL. 2020, PAGE 55)FND NAIL (NOTAG) FND CUT "X"0.6' W., ON LINE (NOTACCEPTED)EL E ELE ELE ELE S104EXISTING FIREHYDRANT 5' TRASHENCLOSURELANDSCAPEBUFFER30' FIRE LANE, ACCESS, DRAINAGE,& UTILITY EASEMENT(PER VOL. 2020, PAGE 55 &FILE NO. 2021-235470)10' STREETEASEMENT(PER VOL. 2020,PAGE 55)15' WATEREASEMENT(PER VOL. 2020,PAGE 55)30' FIRE LANE, ACCESS, DRAINAGE,& UTILITY EASEMENT(PER VOL. 2020, PAGE 55 &FILE NO. 2021-235470)30 SEATSPROPOSED ZAXBY'SMODERN FARMHOUSEF.F.E.= 568.00910'x10' WATER EASEMENT30' BLD SETBACK25.0'25' LANDSCAPEHIKE AND BIKETRAIL EASEMENTR.O.W.DEDICATION0.019 AC.(823 S.F.)PROPOSEDDRIVE-THRU AWNING(2) SINGLE DUMPSTERENCLOSURE WITH 8' WALLCLEARANCE BAR5' WIDE LANDSCAPEMEDIAN10' WIDE HIKEAND BIKE TRAIL15' WATEREASEMENTTO BERELOCATED SIDEWALKCONNECTION TORESTAURANTFROM H&B TRAIL1' 9" PARKINGOVERHANGDUMPSTER WALLTO CONNECTHERE1' 9" PARKINGOVERHANG3 EA.WHEELSTOPSFDCEXISTINGRAMPEXISTINGRAMP572572571570569571570 569571570569568ADA RAMP10.0' 9.0'12.0'10.0'9.0'5.0'17.5' 11.0' 18.3' 1 0 . 0 '73.0'31.6' 25.3'25.5'30.0'87.8' 46.7'78.1'7.0'5.0'11.0'12.0'40.0' 7.2' 9.0'18.3'17.0'9.0'5.0'11.0'20.0'9.0' 10.0'9.0'25.0'81.0'22.0'9.0'1' 9"10'12.0'11.0'2'1' 9"15.0'9.0'10.5'9.0'9.0 '16.0'73.4'9.0' 24' FIRELANE, ACCESS, DRAINAGE, & UTILITY EASEMENT CURBRAMPSTACKING SPACESARE 9' X 20'194 S.F.100' STACKING10' PERIMETERLANDSCAPE BUFFER207S.F.165 S.F.10' PERIMETER LANDSCAPE BUFFER10' PERIMETERLANDSCAPE BUFFER25' LANDSCAPE ANDHIKE AND BIKE TRAILEASEMENTBERM TO BEPROVIDED PERTOWNREQUIREMENTS100' STACK ING 1,000 GAL. MIN.GREASE TRAPSAMPLE WELLBARRIER FREEADA RAMP(1) PRE-SELLMENU BOARD2' PARKINGOVERHANG10'x10' WATEREASEMENTEX. CONCRETEEX. CONCRETEEX. CONCRETE EX. CONCRETE EX. CONCRETE EX. CONCRETEEX. GRASSEX. CONCRETEEX. CONCRETE EX. CONCRETEEX. CONCRETEEX. CONCRETEEX. CONCRETEEX. CONCRETEEX. CONCRETE EX. CONCRETE EX. CONCRETE EX. CONCRETEEX. GRASSEX. CONCRETEEX. CONCRETE EX. CONCRETEEX. CONCRETE 10'x10' WATER EASEMENTEXISTING FIREHYDRANT15' WATEREASEMENT TO BERELOCATED.RELOCATION WILLBE COORDINATEDWITH LOT 4DEVELOPEREXISTINGJ. BOXTPROPOSED FIRE HYDRANTELE ELEELEELEELEELEELEELEELEELEELEELEELEELEELE2" IRRIGATIONMETER2" DOMESTICMETERPICK UPWINDOWPROPOSEDCURB INLETPROPOSEDCURB INLETPROPOSEDCURB INLETR50.0'TEMPORARY FIRE LANETURNAROUND (SEE NOTE BELOW)24.0'10'x10' WATER EASEMENTUNREINF0RCEDCONCRETE INTEMPORARYTURNAROUND AREAENDREINFORCEDCONCRETEEND CURBEND CURB MENU BOARDS WITH CANOPYSYSTEM AND VEHICULARDETECTION DEVICE (SEE DETAILS)PROPOSEDCURB INLET15' DRAINAGE EASEMENT(PER VOL. 2020, PAGE 55)10'x5'WATEREASEMENTREVISION BLOCK ISSUE REVISION DATE & DESCRIPTION 1 02/17/26 - CIVIL PLAN SUBMITTAL TO TOWN OF PROSPER 2 05/28/2026 - ADDRESSED INITIAL CIVIL SUBMITTAL COMMENTS 3 06/05/2026 - CONSTRUCTION ADDENDUM 01 4 5 6 7 8FOETATSTEXASJAMES J. CARTER98061PROFESSIONALENGI N E ERLICENSED24952ZAX05/28/2026CARTER ENGINEERING1010 COMMERCE DRIVEBOGART, GA 30622P: 770.725.1200F: 770.725.1204www.carterengineering.comSHEET TITLE:PROJECT NAME:DATE:PROJECT NUMBER:ENGINEER/DESIGNER NOT RESPONSIBLE FOR COST CHANGES DURING PRELIMINARY PHASE. BIDS & QUOTES SHALL BE BASED ON PLAN SETS LABELED "ISSUE FOR BID". BIDS & QUOTES SHALL BE REVISED BASED ON PLANS LABELED "ISSUE FOR CONSTRUCTION".SHEET NUMBER:C I V I L E N G I N E E R I N G | L A N D S C A P E A R C H I T E C T U R E | L A N D P L A N N I N G | L A N D S U R V E Y I N G | M U N I C I P A L S E R V I C E SCOPYRIGHT CARTER ENGINEERING CONSULTANTS, INC. ALL RIGHTS RESERVED. NO PART OF THIS DOCUMENT MAY BE REPRODUCED IN ANY FORM OR FASHION OR BY ANY MEANS WITHOUT PRIOR CONSENT, AGREEMENT AND WRITTEN PERMISSION FROM CARTER ENGINEERING CONSULTANTS, INC.C 3.1ZAXBY'S RESTAURANT HWY 380 LOT 3 BLOCK A - PROSPER, TX 75078SITE PLANSITELOCATION MAPSCALE: N.T.S.FARM TO MARKET 1385 W UNIVERSITY DRGRID NORTH20'GRAPHIC SCALE0SCALE: 1" = 20'10'20'40'60'SSMH DATAALL SANITARY SEWER LINES ARE 8" PVCSSMH #1TR:567.18'FLS:556.58'FLW:556.58'(CAPPED CONNECTION GOING NW)SSMH #2TR:565.43'FLN:555.38'FLE:555.33'(CAPPED CONNECTIONS GOING NW & SE)SSMH #3TR:564.02'FLE:554.52'FLW:554.58'(CAPPED CONNECTION GOING SOUTH)STMH DATAALL STORM DRAIN LINES ARE 18" RCP)STMH #1TR:565.76'FLSE:561.51'STMH #2TR:565.41'FLE:560.66'FLNW:560.61'·All development standards shall follow Town Standards.·Landscaping shall conform to landscape plans approved by the Town of Prosper.· All development standards shall follow Fire Requirements per the Town of Prosper.·Handicapped parking areas and building accessibility shall conform to the Americans withDisabilities Act (ADA) and with the requirements of the current, adopted Building Code.·All signage is subject to Building Official approval.·Impact fees will be assessed in accordance with the land use classification(s) identified onthe Site Data Summary Table; however, changes to the proposed land use at the time ofCO and/or finish-out permit may result in additional impact fees and/or parkingrequirements.·The approval of a Preliminary Site Plan shall be effective for a period of two (2) years fromthe 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 ofa Site Plan by the Planning & Zoning Commission. If a site plan is not approved withinsuch two (2) year period, the Preliminary Site Plan approval is null and void. If Site Planapproval is only for a portion of the property, the approval of the Preliminary Site Plan forthe remaining property shall be null and void.·Open Space requirements shall follow the Zoning Ordinance, per tract. Open Space shallnot include vehicular paving, required parking lot landscape islands, building footprint,utility yards, required landscape setbacks, sidewalks*, and detention pond *SITE PLANTOWN PROJECT NO. : DEVAPP-26-0024WESTSIDE ADDITIONBLOCK A, LOT 30.858 AC. (37,390 S.F.)J. GONZALEZ SURVEY ABSTRACT NO. 447TOWN OF PROSPER, DENTON COUNTY, TEXASSITE DATAZoning:Mixed Use PD-94Proposed Use: Restaurant w/ drive thruLot Area: 0.858 acres (37,390 s.f.)Building Area:2,274 s.f.Building Height:1 Story, 26'- 4 1/2"Lot Coverage:6.0%Floor Area Ratio:0.060:1Parking Required:Restaurant 1:100 s.f.2,275 s.f. = 23 spacesTotal Parking Provided:23 spacesHC Parking Required:2 spacesHC Parking Provided:2 spacesLandscape Required:315 s.f.Landscape Provided:450 s.f.Impervious Surface:28,453 s.f.Open space required (7%):2,617 s.f.Open space Provided:Provided in Lots 14 and 19Fire Lane & TurnaroundImpervious Surface: 11,117 s.f.Town of Prosper Site Plan Notes:ENGINEERCarter Engineering Consultants, Inc.1010 Commerce DriveBogart, Georgia 30622Telephone: (770) 725-1200 Contact: Jeff Carter, P.E.OWNER/DEVELOPERDNJ Real Estate, LLC681 7Th Street SWParis, Texas 75460Telephone: (409) 350-5376 Contact: Jade SiglerLEGENDPOWER POLETELE. MHLIGHT POLEPULL BOXSANITARY SEWER MHSTORM SEWER MHROAD SIGNBENCHMARKFIRE HYDRANTWATER VALVEGUY ANCHORBM #1SET CUT "X"Northing- 7130853.10, Easting- 2458485.62EL: 570.94'BM #2SET CUT "X"Northing- 7130853.13, Easting- 2458559.99EL: 569.36'TOWN BENCHMARKBronze disk stamped "Town of Prosper Survey Monument" locatedon the Northwest corner of a curb inlet lying on the west side ofCottonrose Lane ±80' south of the intersection of Cottonrose Laneand Perennial Way.Northing:- 7133125.822, Easting- 2463392.790, Elevation- 554.23BENCHMARKS:SITE PLAN ·All dimensions are shown to be measured to face of curbSite Plan Notes:Fire Lane Note:·Temporary fire turnaround to be constructedat the same time as the proposed Zaxby's andutilized until the adjacent site is complete.WATER METER SCHEDULE1 EA. 2" DOMESTIC METERMETER BOX SIZE: DFW PLASTIC MODEL #DFW-1814PLCIRSBD1 EA. 1" IRRIGATION METERMETER BOX SIZE: DFW PLASTIC MODEL #DFW-28128PLCIRPage 139Item 13. Agenda Item A Site Plan for a Drive-Through Restaurant on Westside Addition, Block A, Lot 3, on 0.9±acre, located on the east side of FM 1385 and 290±feet north of University Drive. (DEVAPP-26-0024) Page 140 Item 13. Page 141 Item 13. Proposal Purpose: •Construct a 2,275 square foot drive-through restaurant and associated parking. History: •Planned Development-94 (PD-94) allows for three non-contiguous drive-through restaurants along University Drive and one along FM 1385 by right. Open Space: •Planned Development-94 (PD-94) requires consolidated open space within the entire development that satisfies the requirement on this lot. Page 142 Item 13. Page 143 Item 13. Page 144 Item 13. Recommendation •Town Staff recommends approval of the Site Plan. •Planning and Zoning Commission approved the item 7-0 on September 1, 2026. Page 145 Item 13. Page 1 of 6 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 The Marco Town Council Meeting – September 22, 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 a portion of Planned Development-42 (Tract 16) and rezone a portion of a Commercial Tract (Tract 17) to create a Mixed-Use Planned Development on the Collin County School Land Survey, Abstract No. 147 and J. Yarnell Survey, Abstract No. 1038, Tracts 16 and 17, on 143.0± acres, located on the northeast corner of Dallas Parkway and University Drive. (ZONE-26-0009) Description of Agenda Item: The Marco brings a bit of Italy to Prosper. In the core of the development there is a lagoon that serves as regional stormwater detention and flowing from it are navigable canals. Along the Dallas North Tollway and University Drive, high-rise and mid-rise buildings will house office, retail and hospitality uses. The design features a public square, performing arts venue, hotel, and ground floor retail at the core of the development and along the water. Residential components will include multifamily and condominium structures, lower-intensity neighborhood of villas, townhomes, flats, and an age-restricted enclave. It is anticipated that the development will be able to provide one million square feet of office space, up to two hotels, a performing arts venue, a grocer and market hall, village retail and services, and a premium mixed residential population. Residential Component The number of dwelling units of each type shall not exceed the maximum established for that type. The total number of dwelling units on the Property shall not exceed 4,400 units.  Mid-Rise Flats are limited to 2,500 units,  High-Rise Residential (condominium or multifamily more than five stories) are limited to 400 units, PLANNING Page 146 Item 14. Page 2 of 6  Retirement / Age-Restricted Housing is limited to 500 units, and  Villas, Townhomes, Cottages, Court Homes, and Live-Work Units are together limited to 1,000 units. The maximums stated above for residential types other than Mid-Rise Flats may be adjusted among those types at Preliminary Site Plan, provided that Mid-Rise Flats do not exceed 2,500 units and the total number of dwelling units on the Property does not exceed 4,400 units. Future Land Use Plan: The Future Land Use Plan designates the property as the Dallas North Tollway District. The development complies with the following criteria that characterize this district.  Most intense land uses within Prosper;  Has a diverse mixture of office, retail, and residential;  Mid-rise office (up to 12 stories) designed for a “campus feel”;  Orientation towards open space;  Significant landscaping linked by a pedestrian network;  A common architectural theme for a consistent visual appearance;  Mixed-use development with a mixture of office, retail and residential uses;  Mixed-use lofts/apartments as the most appropriate residential;  Structured parking in more intense areas, oriented to minimize visibility from the Tollway; Dallas North Tollway District: The Planned Development meets the intent and criteria of the Dallas North Tollway District Guidelines that were adopted earlier this year. Zoning: The property is zoned Planned Development-42 (Commercial Corridor) and Commercial. Compatibility: The zoning and land use of the surrounding properties are shown below. Zoning Current Land Use Future Land Use Plan Subject Property Commercial and Planned Development-42 (Commercial Corridor) Vacant Dallas North Tollway District North Commercial and Planned Development-42 (Commercial Corridor) Vacant Dallas North Tollway District East Planned Development-67 (Mixed Use) Mixed Use Town Center South NA (Frisco) Vacant NA (Frisco) West Planned Development-41 (Mixed Use) Vacant Dallas North Tollway District Page 147 Item 14. Page 3 of 6 Phasing: The Phasing Plan (Exhibit E) represents three phases. The area around the exterior of the property, lagoon, and site wide infrastructure will be developed first to begin the project. After this has been completed, the area designated as Phase 2 will be developed as directed by pad purchasers. Finally, the Corporate Office/Headquarters area is to be developed as directed by pad purchasers. Uses / Planning Areas There are five distinct Planning Areas within the development. They are as follows:  Planning Area 1: Tollway/380 Frontage Hospitality and Employment (office, hotel, structured parking)  Planning Area 2: Village Core Mixed-Use Core at the Lagoon (public square, performing arts venue, hotel, canals, passeggiata, ground floor retail, development’s tallest buildings)  Planning Area 3: Waterfront/Neighborhood High-Rise and Mid-Rise Residential addressing the lagoon (highest residential densities in the development)  Planning Area 4: Mercato Lower-intensity residential (villas, townhomes, flats, live-work units, neighborhood retail)  Planning Area 5: Open Space / Lagoon Lagoon and its Promenade, Canals, and Perimeter Trail (central open space and regional stormwater detention for the development) Page 148 Item 14. Page 4 of 6 Building Heights: There are three guiding regulations for height within the development. The area at the intersection of University Drive and the Dallas North Tollway and two structures on the interior of the Lagoon will be a maximum 14 stories and 190 feet (Area A). The uses in this area include:  Office condos  Corporate Headquarters  Performing Arts Center  Multifamily The second area encompasses the remainder of the property, and the height limits in this area are 8 stories and 160 feet (Area B). Should adjacent property to the north (Perimeter) be zoned for single-family use, height will be limited to two stories and 40 feet within 75 feet of the property boundary. Building outside of the 75 foot buffer may increase one foot in height over 40 feet for every one foot of additional setback provided. (Example: A 50-foot tall building would have an 85-foot setback from residential property.) Architecture: The public will enter this development and feel as though they are in Italy. Conceptual elevations have been submitted (see Exhibit F) representing the architectural character, massing, and material palette of the development. Elevations are provided for every area within the development and include specific uses such as the hotel, office condominiums, and the performing arts venue. Page 149 Item 14. Page 5 of 6 Open Space and Landscaping Open space features in the development include a passeggiata, lagoon and canals, piazzas, courtyards, and landscaped areas. Overall, the amount of open space is approximately 28.7 acres or 20 percent of the property. Parking: Structured parking will be a wrapped design with the parking structure interior to the building. In cases where there may be an exposed wall of the garage structure, it will be designed to be architecturally compatible with the rest of the building. The northwest corner of the property will be a retail corner, having surface parking that is surrounded by buildings so as to minimize visibility from the public right-of-way. Fire Code Compliance: Full compliance with the Town Fire Code is required and will be reviewed during the Preliminary Site Plan and Site Plan submissions. Fire equipment and access to the lake will need to be provided and may require dedicated fire related buildings at dock location and through the development. Engineering Standard Compliance: The conceptual layout generally depicts intent, but the final layout shall be determined at the time of Preliminary Site Plan and meet all Town requirements, including Engineering Design Standards and all applicable standards listed throughout the Unified Development Code. In addition, all other local, state, and federal regulations as it relates to the floodplain and waters of the U.S., or other, shall be adhered. Thoroughfare Plan: This property has access to University Drive (US 380) and Dallas North Tollway. Parks Master Plan: The Parks Master Plan does not indicate a park is needed on the subject property. Legal Obligations and Review: Notification was provided as required by the Unified Development Code and state law. Staff has not received any responses to date. Attached Documents: 1. Aerial Map 2. Zoning Map 3. Future Land Use Exhibit 4. Exhibit B – Letter of Intent 5. Exhibit C – Development Standards 6. Exhibit D – Conceptual Plan 7. Exhibit E – Phasing Plan 8. Exhibit F – Elevations 9. Exhibit G – Landscape Plan and Plant List 10. Exhibit H – Open Space Plan 11. Exhibit J – Building Heights 12. Exhibit K – Thoroughfare and Street Sections 13. Exhibit M – Planning Areas 14. PowerPoint Slides Page 150 Item 14. Page 6 of 6 Town Staff Recommendation: The rezoning request is compliant with the Future Land Use Plan and vision of the Dallas North Tollway District. It will be a desirable destination and prominent gateway into the community. This will be a unique development for the Town and region. For these reasons, Town Staff recommends approval of the proposed Planned Development. Planning and Zoning Commission Recommendation: On August 18, 2026, the Commission approved the item by a vote of 4-2. Proposed Motion: I move to approve/deny the request to amend a portion of Planned Development-42 (Tract 16) and rezone a portion of a Commercial Tract (Tract 17) to create a Mixed-Use Planned Development on the Collin County School Land Survey, Abstract No. 147 and J. Yarnell Survey, Abstract No. 1038, Tracts 16 and 17, on 143.0± acres, located on the northeast corner of Dallas Parkway and University Drive. Page 151 Item 14. S DALLAS PKWYS PRESTON RDGATES P K W Y MAHARD PKWYGATEWAYDRLOVERS LN W UNIVERSITY DR S COLEMAN STJ E WEEMS BLVDNOVASTLUNA STPECANSTORI O N DR W UNIVERSITY DR CHILDRENSWAYMARKETPLACE DRCOMMERCESTRICH L A N D BLVDBRAVO WAYBUSINESS PARK DRPRAIRIE DR FM 1385FRONTIER PKWY FISHTRAP RD LACIM ABLVDUS HIGHWAY 380 E FIRST ST PRESTONRDPROSPER TRL COIT RDLEGACY DRCUSTER RDDALLASNORTHTOLLWAYFM423TEELPKWYMAHARD PKWYLOVERS LN BROADWAY ST SHAWNEE TRLW FIRST S T R I C H L A N D BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD 0 1,000 2,000500Feet ¯ This map for illustration purposes only ZONE-26-0009 The Marco Planned DevelopmentPage 152 Item 14. 0 930 1,860465 Feet PD-67 M PD-42 CC PD-67 M CC SF-15 SF-15 SF-15 PD-41 M PD-20 CC CC C CC PD-42 C A CC A A PD-71 SF-10 A PD-47 CC A PD-41 M GATES PKWY W UNIVERSITY DR GATEWAY DRLOVERS LN W UNIVERSITY DRCHILDRENSWAYRICHL A N D BLVD MARKETPLACE DRCOMMERCESTBRAVO WAYUS HIGHWAY 380 PRAIRIE DR S DALLAS PKWYFM 1385FISHTRAP RD LA CI MA BLVDUS HIGHWAY 380 FRONTIER PKWY E FIRST ST PRESTONRDCOIT RDLEGACY DRCUSTER RDDALLAS NORTHTOLLWAYFM423TEELPKWYMAHARD PKWYPROSPER TRL LOVERS LN BROADWAY ST SHAWNEE TRLW F I R S T ST RIC H LAND BLVDCOLEMAN STPRAIRIE DRIVE GEE RD HAYS RDPARVIN RD Page 153 Item 14. Future Land Use Exhibit Subject Property Page 154 Item 14. BlackStoneCommunities.com Adriatica Office: 401 Adriatic Pkwy, Suite 700 McKinney, Texas 75072 United States of America 17 July 2026 Town of Prosper Development Services Department — Planning Division 250 W First Street Prosper, TX 75078 Re: Letter of Intent - Planned Development Rezoning for The Marco, ±142.996 acres at the northeast corner of the Dallas North Tollway and U.S. Highway 380 To the Planning & Zoning Commission and the Town Council: This letter accompanies an application to rezone approximately 142.996 acres at the northeast corner of the Dallas North Tollway and U.S. Highway 380 to a Planned Development District for a mixed-use development known as The Marco. The Property is presently zoned Commercial (C) and Commercial Corridor (CC) and is subject to Planned Development-42 (Ordinance No. 08-098). The request repeals PD-42 as to the Property and replaces it with the Statement of Intent and Development Standards submitted with this application. BlackStone Communities submits the application as applicant, with the authorization of the owner, Godwin Investments, Ltd. The Property. The Marco comprises approximately 142.996 acres in the Collin County School Land Survey, Abstract No. 147, and the J. Yarnell Survey, Abstract No. 1038, Collin County, Texas. The Dallas North Tollway bounds it on the west, U.S. Highway 380 on the south, and the BNSF Railway on the east. It lies within the U.S. 380 Gateway — Sub-District 1 of the Dallas North Tollway District Development Standards — and within the Dallas North Tollway District of the Town's Comprehensive Plan. Both already call for this corner to develop at higher density and mixed use, organized around a central open-water feature and a connected public realm. Why a Planned Development. The Town's own plan asks for a place the base zoning cannot deliver. The Commercial and Office districts cap building height at 40 feet; the Multifamily district caps density at ten units per acre. Those standards were written for a different kind of development — they cannot produce the mid- and high-rise, structured-parking, walkable village that the DNT District envisions for Sub-District 1. The Planned Development closes the gap. It establishes building height in bands measured from the Tollway and highway frontage, consistent with the DNT Standards' allowance of height within 500 feet of the Tollway, and steps that height down wherever the Property meets off-site single-family. Everything else holds: except where Exhibit C expressly modifies them, the UDC and the DNT Standards continue to govern, and all modifications are itemized in a single table. Page 1 of 2 Page 155 Item 14. The Development. The Marco organizes the site into five Planning Areas around a central lagoon that serves as both regional stormwater detention1 and the development's principal public open space. Along the Tollway and 380 runs an employment, retail, and hospitality frontage. At the water sits a mixed-use village core — a public square, a performing arts venue, a hotel, canals, and ground-floor retail — carrying the tallest buildings on the site. Beyond it lie waterfront high- and mid-rise residential, a lower-intensity neighborhood of villas, townhomes, and flats, and an age-restricted enclave. The program contemplates over one million square feet of office space, up to two hotels, a performing arts venue, a grocer and market hall, village retail and services, and a premium mixed residential population. The mix is the point. It balances jobs against housing on the corridor, builds a durable commercial tax base, and gives Prosper a civic and cultural anchor at its Tollway gateway. Special considerations. This is Prosper's front door on the Tollway. The site carries frontage on both the Dallas North Tollway and U.S. Highway 380, with the BNSF Railway defining its eastern edge — a gateway parcel by any measure, and the one the Comprehensive Plan singles out for exactly this treatment. The central lagoon is engineered to work twice, as regional detention1 and as public realm, and the plan is built around it. The village form the plan calls for — walkable, water-oriented, marked by towers, campanili, and cupolas at defined locations — depends on the height and density standards the base districts memorialize. That dependence is why the Planned Development is the right instrument, and the necessary one. Supporting documentation. Submitted with this letter are the draft Ordinance and the Statement of Intent and Development Standards (Exhibit B); the legal description (Exhibit A), drawn from certified ALTA/NSPS Land Title Survey No. 23-0043, dated June 3, 2026; and the supporting exhibits — Conceptual Development Plan, Planning-Area, Building Height, Open Space, Thoroughfare Sections, Conceptual Elevations, Sign Package, Phasing, and Plant List. The owner's authorization accompanies the application under the Owner Acknowledgement Form. The Comprehensive Plan already imagines this corner as Prosper's gateway on the Tollway. The Planned Development is what turns that vision into a place that can be built. We look forward to working with your staff, the Commission, and the Council to see it through. Respectfully, Jeffory Blackard Principal BlackStone Communities 1 Subject to engineering and verification Letter of Intent - Planned Development Rezoning for The Marco Page 2 of 2 Page 156 Item 14. The Marco — Planned Development Standards Page 1 THE MARCO Planned Development District — Development Standards Northeast corner of the Dallas North Tollway and U.S. Highway 380, Prosper, Texas · ±142.996 acres · U.S. 380 Gateway (DNT Sub-District 1) August 2026 This Planned Development comprises the development standards set forth in Exhibit C, together with the exhibits referenced herein, which are provided under separate cover. Except as expressly modified herein, development of the Property is governed by the Town’s Unified Development Code (the “UDC”) and the Dallas North Tollway District Development Standards (the “DNT Standards”). Exhibit C — Planned Development Standards C-1. Statement of Intent and Purpose The Marco is a master-planned, mixed-use development of approximately 142.996 acres at the northeast corner of the Dallas North Tollway and U.S. Highway 380. The Property lies within the U.S. 380 Gateway (Sub-District 1) of the DNT Standards and within the Dallas North Tollway District of the Comprehensive Plan, each of which provides for higher-density, mixed-use development organized around a central open-water feature and a connected public realm. This Planned Development establishes the standards under which the Property will develop as a walkable, mixed-use village integrating employment, hospitality, civic, retail, service, and residential uses around a central lagoon. The Property. The Property comprises approximately 142.996 acres, presently zoned Commercial (C) and Commercial Corridor (CC) with PD-42, bounded by the Dallas North Tollway to the west, U.S. Highway 380 to the south, and the BNSF Railway to the east. Development concept. The Property is organized into the Planning Areas described in C-3, comprising a tollway-frontage employment and hospitality district; a mixed-use village core on a central lagoon, with a public square, a performing arts venue, a hotel, canals, and ground-floor retail; waterfront high- and mid-rise residential; a lower-intensity residential neighborhood of villas, townhomes, and flats; an age-restricted residential area; and a central lagoon serving as regional detention and public open space. The development contemplates a significant residential population, approximately 1.1 million square feet of office, hotel(s), a performing arts venue, a grocer and market hall, and village retail and service uses. Conformance. Except as expressly modified in this Exhibit and the exhibits incorporated herein, the Property shall develop in accordance with the UDC and the DNT Standards (UDC §2.05.B.4). Page 157 Item 14. The Marco — Planned Development Standards Page 2 C-2. Definitions Except as defined in this Section, terms have the meanings given in UDC Article 4 and Article 2.07. The following terms apply within this Planned Development: Active Use. A ground-floor use that generates pedestrian activity, including retail, restaurant, personal service, gallery, market, lobby, and amenity uses; the term excludes parking, back-of- house, and unoccupied frontage. Build-to Line. A line at or near the front setback at which a stated minimum percentage of the building façade shall be located. Event and Assembly Amenity (chapel and pavilion). A building or open-air structure used for weddings, private events, gatherings, and assembly, including religious ceremonies and services, operated as an amenity of the development. Frontage. The plane of a lot or building facing a street or the Public Realm, to which placement, entrance, and transparency standards apply. High-Rise Residential. A Multifamily Dwelling, as defined by the UDC, in a building exceeding five stories; regulated by building form and height. Lagoon. The central surface-water feature, including its canals and Passeggiata, serving as both regional stormwater detention and public open space. Liner Building. An occupied building placed to wrap a Structured Parking facility and screen it from the Public Realm. Live-Work Unit. A dwelling unit containing an integral, street-facing ground-floor commercial or studio space occupied by a resident of the unit, as further governed by C-4.4. Market Hall. An enclosed or semi-enclosed grocer or public market containing multiple vendor stalls. Mid-Rise Flat. A Multifamily Dwelling, as defined by the UDC, in a building of five stories or fewer, developed to the standards established in C-5.3. Passeggiata. The continuous public promenade located at the edge of the Lagoon. Planning Area. A geographic sub-area of this Planned Development governed by the standards assigned to it, as shown on the Conceptual Development Plan. Public Realm. Streets, sidewalks, plazas, the Lagoon edge, trails, and other publicly accessible open space. Retirement / Age-Restricted Housing. Retirement Housing, as defined by the UDC, or other residential development restricted to occupancy by age-qualified households in accordance with applicable state and federal fair-housing law. Structured Parking. Parking located within a building or parking structure. Townhome. An attached single-family dwelling in a building of three to six units, developed at the scale and dimensional standards established in C-5.3. Villa. A detached or attached single-family dwelling developed at the scale and dimensional standards established in C-5.3; the term includes the Cottage and Court Home building types identified in C-5.3, each of which is permitted wherever a Villa is permitted and counted against Page 158 Item 14. The Marco — Planned Development Standards Page 3 the combined maximum for Villas, Townhomes, Cottages, Court Homes, and Live-Work Units established in C-5.2. C-3. Planning-Area Structure The Property is divided into the Planning Areas identified below. Each Planning Area develops in accordance with its assigned base district under the UDC, except as modified in this Exhibit. Acreages are approximate; percentages are of gross site area and are rounded. A Planning Area need not be contiguous and may consist of more than one area. The boundary of a Planning Area is established at Preliminary Site Plan and may be adjusted at Preliminary Site Plan or at site plan by not more than 20% of the acreage shown, provided that the maximums established by C-5 and the common open space required by C-7.3 continue to be satisfied for the Property as a whole. An adjustment within that limit is not a variation from the Conceptual Development Plan for purposes of C-9.3. PA Name Base Acres (±) Primary program % PA-1 Tollway / 380 Frontage C 24.5 Office, corporate campus, Structured Parking 17% PA-2 Village Core C 11.2 Mixed-use; Lagoon, square, performing arts venue, hotel, retail 8% PA-3 Waterfront / Neighborhood MF 59.5 High- and mid-rise residential at the Lagoon 41% PA-4 Mercato MF 12.3 Retail-forward market square with surrounding residential 9% PA-5 Open Space / Lagoon C 24.4 Lagoon, Passeggiata, trails, regional detention 17% — Rights-of-way and other land not assigned to a Planning Area — 11.1 Thoroughfares, dedications, and incidental areas 8% Total 143.0 100% PA-1 — Tollway / 380 Frontage. The employment and hospitality frontage along the Dallas North Tollway and U.S. 380, accommodating office, a hotel, and Structured Parking, with the landscaped tollway edge required by the DNT Standards. Multifamily is set back from the Tollway frontage under C-5.2, reserving the frontage for office and hospitality. PA-2 — Village Core. The mixed-use core at the Lagoon, containing the public square, the performing arts venue, a hotel, canals, and the Passeggiata, with ground-floor retail and the development’s tallest building and tower elements. PA-3 — Waterfront / Neighborhood. High- and mid-rise residential addressing the Lagoon, at the highest residential densities in the development. PA-4 — Mercato. Retail-forward market square with surrounding residential. Page 159 Item 14. The Marco — Planned Development Standards Page 4 PA-5 — Open Space / Lagoon. The Lagoon and its Passeggiata, canals, and perimeter trail, serving as the development’s central open space and as regional stormwater detention. C-4. Permitted Uses C-4.1 Use schedule Uses are permitted within each Planning Area as set forth in the schedule below, in which P indicates a permitted use and — indicates a use that is not permitted. An asterisk (*) indicates a use that is permitted subject to the Multifamily setback from the Dallas North Tollway established in C-5.2. Within each Planning Area, the uses permitted by its assigned base district under the UDC Schedule of Uses (Art. 2.07.C) apply, except as modified by this schedule. Uses defined in C-2 that do not appear in the UDC Schedule of Uses are added as shown. Use PA-1 PA-2 PA-3 PA-4 PA-5 Multifamily Dwelling / Mid-Rise Flat P* P P P — High-Rise Residential P* P P P — Villa P P P P P Townhome P P P P P Live-Work Unit P* P P P P Retirement / Age-Restricted Housing — P P P — Retail Stores and Shops P P P P P Restaurant (without drive-through) P P P P P Personal Service Establishment P P P P P Artisan’s Workshop / Gallery P P P P P Market Hall / Farmer’s Market P P P P P Health / Fitness Center P P P P P Child Care Center, Licensed P P P P — Office / Medical Office P P P P P Hotel P P P P P Performing Arts Venue / Theater P P P — P Commercial Amusement (Indoor) P P — P — Self-Storage1 P P P P P Water Taxi / Canal Operations — P P — P Structured Parking P P P P — Gas or fuel sales — — — P — Event and Assembly Amenity (chapel and pavilion) P P P P P 1 Self-storage is permitted only in the integrated, lined form required by C-4.3; standalone self-storage and mini-warehouse are prohibited under C-4.5. Page 160 Item 14. The Marco — Planned Development Standards Page 5 Use PA-1 PA-2 PA-3 PA-4 PA-5 Lagoon / Open Water — P P — P C-4.2 Ground-floor activation Along the streets and the public square identified on the Conceptual Development Plan within PA-2, the ground floor of each building shall be devoted to Active Uses. C-4.3 Self-storage Self-storage shall be developed only in integrated form: within a climate-controlled, multi-story building wrapped or lined by Active Uses, with no overhead or roll-up service doors visible from the Public Realm. Accessory storage serving the residents or tenants of a multifamily or retail building is permitted in any Planning Area. A curated specialty use for high-value vehicles or vessels — a motorcar garage or garage-condominium, a boat sales or service establishment, or a motor-vehicle dealership operated wholly indoors without an outdoor inventory or display lot (for example, an urban automotive showroom) — is not a standalone self-storage, mini- warehouse, storage-yard, or outdoor-storage use prohibited by C-4.5, and is permitted in a storefront retail format. All storage, service, sales, and display shall occur within an enclosed building; no vehicle or vessel shall be stored or displayed outdoors; no overhead or roll-up service door shall be visible from the Public Realm; and the ground-floor street frontage shall be devoted to Active Uses. C-4.4 Live-work units A Live-Work Unit shall consist of a dwelling unit with a ground-floor commercial or studio space having display frontage and a separate commercial entrance, occupied by a resident of the unit. The commercial component shall not exceed 50% of the floor area of the unit. C-4.5 Prohibited uses The following uses are prohibited in all Planning Areas: automobile sales or leasing (except in a storefront retail format); storage yard; standalone self-storage or mini-warehouse; pawn shop; drive-in theater; manufactured home; outdoor storage as a principal use; credit access business, as defined in Texas Finance Code §393.601, as amended, including payday lending, motor-vehicle title lending, and credit services organizations as defined in Texas Finance Code §393.001, as amended; body art facility; smoke shop or vape shop; a business that sells drug paraphernalia; a business that offers a gambling device as defined by Texas Penal Code §47.01, other than an amusement machine excluded from that definition by §47.01(4)(B); sex shop, or a business the primary purpose of which is the sale of lewd merchandise; and a business the principal operations of which use outdoor storage or outdoor display. The last clause does not prohibit outdoor dining, sidewalk display accessory to a storefront retail use, seasonal or temporary outdoor sales, a Market Hall or farmer’s market, or the indoor display permitted by C-4.3. C-5. Dimensional Standards The base districts assigned to the Planning Areas do not accommodate the building intensity and form provided for Sub-District 1 by the DNT Standards. The Commercial and Office districts limit building height to 40 feet, and the Multifamily district limits density to 10 dwelling units per Page 161 Item 14. The Marco — Planned Development Standards Page 6 acre; these limits are inconsistent with the mid- and high-rise, structured-parking building types and the densities contemplated by this Planned Development and by the DNT Standards (DNT §2.1, §4.4). Building height is therefore established by the height areas in C-5.1, as designated on the Building Height Exhibit, consistent with the DNT Standards’ allowance of building height within 500 feet of the Tollway (DNT §3.3) and its protection of off-site single-family development (DNT §3.3.5–3.3.6). Except where these standards expressly provide otherwise, setbacks, buffers, and other figures are those established by the DNT Standards and the UDC. C-5.1 Building height Area Location Maximum height Source A Within 1,350 ft of the DNT / US 380, together with the additional areas designated Area A on the Building Height Exhibit 14 stories / 190 ft DNT §3.3; Sub-District 1 destination intent (§2.1) B The balance of the Property, as designated Area B on the Building Height Exhibit 8 stories / 160 ft DNT §3.3 (height within 500 ft of the Tollway) Perimeter Within 75 ft of off-site single- family-zoned property 2 stories / 40 ft; thereafter 1 ft of additional setback per 1 ft of height above 40 ft DNT §3.3.5–3.3.6 The Perimeter standard applies only where the Property abuts off-site single-family-zoned property. Architectural features with or without habitable floor area, including towers, campanili, and cupolas, may exceed the applicable area maximum by up to 40 feet at the locations shown on the Conceptual Development Plan. C-5.2 Density, coverage, and floor area PA Build-to Coverage / FAR PA-1 ≥ 70% of façade at the Build-to Line (DNT §3.2.3) ≤ 80% / ≤ 3.0:1 PA-2 ≥ 70% within 5 ft ≤ 90% / ≤ 4.0:1 PA-3 ≥ 60% ≤ 75% / ≤ 3.0:1 PA-4 ≥ 50% ≤ 65% / ≤ 3.0:1 PA-5 — impervious ≤ 15% Unit-mix limits: within Multifamily Dwelling, Mid-Rise Flat, and High-Rise Residential, studio and one-bedroom dwellings shall not exceed 70% and three-bedroom dwellings shall not exceed 10% of those dwellings. Multifamily setback from the Dallas North Tollway. Multifamily Dwelling, Mid-Rise Flat, High-Rise Residential, and Live-Work Unit shall be set back not less than 250 feet from the Dallas North Tollway right-of-way. The area between the right-of-way and that line is reserved for office, hospitality, civic, and structured-parking uses and the required tollway landscape edge. Page 162 Item 14. The Marco — Planned Development Standards Page 7 Maximum dwelling units by type. The number of dwelling units of each type shall not exceed the maximum established for that type. Mid-Rise Flats are limited to 2,500 units and High-Rise Residential (condominium or multifamily, more than five stories) to 400 units. Retirement / Age-Restricted Housing is limited to 500 units. Villas, Townhomes, Cottages, Court Homes, and Live-Work Units are together limited to 1,000 units. The total number of dwelling units on the Property shall not exceed 4,400 units. The maximums stated above for residential types other than Mid-Rise Flats may be adjusted among those types at Preliminary Site Plan, provided that Mid-Rise Flats do not exceed 2,500 units and the total number of dwelling units on the Property does not exceed 4,400 units. Mid-Rise Flat phasing. Building permits shall not be issued for more than 1,000 Mid-Rise Flat dwelling units until building permits have been issued for not less than 40,000 square feet of gross floor area in non-residential use on the Property; and certificates of occupancy shall not be issued for more than 1,000 Mid-Rise Flat dwelling units until certificates of occupancy have been issued for not less than 40,000 square feet of gross floor area. A maximum of two hotels is permitted. C-5.3 Residential building-type standards The Min. lot and Min. width standards apply only to a residential building type created on a platted, fee-simple lot. Where a building type is created other than on a platted, fee-simple lot, those two standards do not apply; the Max. height and Min. unit standards continue to apply regardless of ownership form. A Note describing lot configuration (such as a private yard or shared courtyard) applies only on a fee-simple lot; a Note describing building composition (such as units per building) applies in either form. A Villa, Townhome, Cottage, or Court Home may be developed on a single platted lot or tract, with individual units established by condominium plat or by site plan, without further subdivision into individual lots. Building separation, fire access, drives, and parking are established at site plan. Type Min. lot Min. width Max. height Min. unit Notes Villa, detached 2,500 SF 35 ft 3 stories 1,200 SF Private yard ≥ 200 SF Villa, attached 1,800 SF 24 ft 3 stories 1,000 SF Townhome 1,400 SF 20 ft 3 stories 900 SF 3-6 units per building Cottage 800 SF 15 ft 2 stories 400 SF Court Home 1,800 SF 24 ft 3 stories 1,000 SF Not more than 2 units per building; shared court Mid-Rise Flat — — 5 stories 500 SF High-Rise Residential — — Per C-5.1 500 SF C-6. Modifications to the UDC and DNT Standards The following table identifies each modification of the UDC and the DNT Standards effected by this Planned Development. Except as set forth below and elsewhere in this Exhibit, the UDC and the DNT Standards apply without modification (UDC §2.05.B.4). Page 163 Item 14. The Marco — Planned Development Standards Page 8 Subject UDC / DNT standard Standard as modified Source Building height (Commercial / Office) 40 ft (UDC §2.04) Per the height areas in C-5.1 DNT §3.3; §2.1 Residential density 10 du/ac (UDC §2.04) Per the dwelling-unit maximums by building type in C-5.2 DNT §4.4 Coverage and floor area Commercial 0.5 FAR / 50% coverage Per C-5.2 DNT (Sub-District 1) Multifamily and Retirement Housing Multifamily by PD; Retirement Housing by SUP Permitted by right, C-4.1 UDC §2.05 Added uses Not listed in the UDC Schedule of Uses Live-Work Unit, Market Hall, Water Taxi / Canal Operations, Lagoon / Open Water, and Event and Assembly Amenity added, C- 4 UDC §2.07 Off-street parking UDC §2.07.C parking schedule and Article 2.10 minimums Per C-7.1 DNT §7 Lagoon street UDC thoroughfare standards Pedestrian / emergency-access promenade, C-7.8 DNT §11 Building materials UDC Chapter 3 / DNT §9 Building form, massing, and frontage per C-8; building product and material standards per the Conceptual Elevations exhibit and the Development Agreement — Sight-visibility triangles Required at intersections and access points Eliminated at intersections of the firelane with the Passeggiata; otherwise required per the UDC PD Signage — digital display and large- format identity DNT authorizes external illumination and is silent on internally-lit digital display (DNT §13.1); Town Sign Ordinance limits changeable-copy and roof signage Performing arts marquee and electronic changeable-copy event signage with digital display permitted in the entertainment core; building-top identity permitted for tall office / hotel buildings — all per Exhibit M and §C-7.11 DNT §§13–14; Exhibit M Signage — storefront uniformity Multi-tenant developments shall have signage uniform in style, type, material, and lighting (DNT §13.1) Uniformity applies to multi-tenant monument, directory, and wayfinding signage; individual storefront, blade, and window signs may vary within the materials and illumination standards of Exhibit M (L-2, L-4) DNT §13.1; Exhibit M C-7. Development Standards Applicable to All Planning Areas The standards in this Section apply throughout the Property, except where a Planning Area provides otherwise, and modify the UDC only as stated. C-7.1 Off-Street Parking (a)Required off-street parking shall be provided in accordance with the following minimum ratios, which modify UDC Article 2.10: Page 164 Item 14. The Marco — Planned Development Standards Page 9 Multifamily Dwelling, Mid-Rise Flat, and High-Rise Residential, 1 space per bedroom, with a studio or efficiency dwelling counted as one bedroom; Retail Stores and Shops, 1 space per 300 square feet; Restaurant, 1 space per 150 square feet, with the area devoted to outdoor dining reduced by 50% for purposes of the calculation; Office, 1 space per 400 square feet; Medical Office, 1 space per 350 square feet; Hotel, 1 space per guest room plus 1 space per 200 square feet of associated commercial area; Performing Arts Venue or Theater, 1 space per 4 seats; Health / Fitness Center, 1 space per 200 square feet of workout area. A dwelling unit counted against the Retirement / Age-Restricted Housing maximum established in C-5.2 is subject to the parking requirement for Retirement / Age-Restricted Housing established in the UDC, without regard to the building type in which it is located. (b)Where two or more uses with non-coincident demand share a parking facility, the aggregate parking requirement may be reduced by up to 30% upon submission of a shared-parking analysis. (c)Not less than 80% of the parking provided for Multifamily Dwelling, Mid-Rise Flat, High-Rise Residential, and Retirement / Age-Restricted Housing shall be Structured Parking. Structured Parking shall be lined by Active Uses or architecturally finished where it abuts a street or the Public Realm, and ground-level openings shall not exceed 55% of the façade. (d)Intentionally Deleted (e)Bicycle parking shall be provided at a minimum of 0.5 space per dwelling unit, together with short-term bicycle parking serving retail uses. (f)Parking for the Event and Assembly Amenity is satisfied through the development’s shared parking supply, and no separate on-site parking is required within PA-5; the amenity’s occupant capacity shall not exceed 3,500. C-7.2 Landscaping (a)A landscaped edge not less than 30 feet in width shall be provided along the Dallas North Tollway and U.S. Highway 380, containing one large tree of not less than four-inch caliper per 25 linear feet and 22 shrubs per 30 linear feet, together with earthen berms averaging 3.5 feet in height (DNT §10; UDC §2.08). (b)Intentionally Deleted (c)Interior parking areas shall be landscaped at not less than 20 square feet per space, with one large tree per 10 spaces and landscape islands of not less than 160 square feet. (d)Large canopy trees shall be planted along internal streets at intervals not exceeding 40 feet on center, in tree grates where on-street parking is provided. (e)All landscaped areas shall be served by an automatic irrigation system with rain-and-freeze sensors and shall consist predominantly of native and drought-tolerant species in accordance with the approved plant list. Page 165 Item 14. The Marco — Planned Development Standards Page 10 C-7.3 Open Space and Amenities (a)Not less than 18% of the net area of the Property, exclusive of land dedicated for public rights-of-way, shall be provided as common open space. Common open space includes the Lagoon and its canals, the Passeggiata, the public square, pocket parks and greens, plazas and courtyards, trails, and the landscaped edges and buffers required by C-7.2, whether provided at grade or on structure and whether publicly accessible or private, consistent with the definition of open space in the UDC. The requirement is satisfied for the Property as a whole at full build-out, as demonstrated on the Open Space Plan; it is not applied separately to a Planning Area, phase, plat, or site plan. The location, size, and configuration of common open space are established at Preliminary Site Plan. (b) The public square, the market square, and pocket parks shall be bordered by Active Uses or building frontages along not less than 50% of their perimeter, shall be visible from an adjoining street or the Passeggiata, and shall be furnished with seating and shade. This standard does not apply to the Lagoon and its canals, the landscaped edges and buffers required by C-7.2, trails, or common open space provided on structure. C-7.4 Lighting (a)Site lighting shall be full-cutoff and downward-directed, with mounting heights not exceeding 30 feet. (b)Illumination at any property line abutting off-site single-family-zoned property shall not exceed 0.5 foot-candles, as demonstrated by a photometric plan submitted with the site plan. (c)Pedestrian areas shall be lighted with pedestrian-scaled fixtures, and bollard fixtures not exceeding 48 inches in height shall be used within landscape buffers. C-7.5 Screening (a)Loading, service, and refuse areas shall be located to the side or rear of buildings and screened from streets, the Public Realm, and the Lagoon. (b)Roof-mounted and ground-mounted mechanical equipment shall be screened from view with durable materials consistent with the principal building. (c)Screening walls shall be of masonry consistent with the principal building. C-7.6 Fencing (a)Permitted fencing materials are ornamental metal, tubular steel, and masonry. (b)Fencing located forward of a building façade shall not exceed 48 inches in height. C-7.7 Connectivity (a)Sidewalks not less than 10 feet in width shall be provided along the Dallas North Tollway and U.S. 380, and not less than 6 feet in width along other streets; walkways shall connect building entrances to the street and trail network (DNT §11). (b)A multi-use trail not less than 10 feet in width shall be provided along the Dallas North Tollway, connecting to the Town trail network. Page 166 Item 14. The Marco — Planned Development Standards Page 11 (c)Cross-access shall be provided between adjoining parcels. C-7.8 Street Types and the Pedestrian Core (a)Street types are established by the thoroughfare exhibit. (b)The street encircling the Lagoon shall be a pedestrian promenade restricted to emergency- vehicle access, controlled by removable bollards or gates and designed to satisfy International Fire Code Appendix D; general vehicular traffic is not permitted. Where the Fire Code as applied at Preliminary Site Plan or site plan requires a cross-section, width, turning radius, or access configuration different from that described in this subsection, the required configuration controls, and the modification is not a variation from the Conceptual Development Plan for purposes of C-9.3, provided the promenade remains closed to general vehicular traffic. (c)Shared streets and on-street-parking streets are permitted as shown on the thoroughfare exhibit. C-7.9 Stormwater, Drainage, and Utilities (a)The Lagoon shall function as regional stormwater detention and as the central open space of the development. (b)All utilities shall be placed underground, and drainage and detention shall conform to Town engineering standards. (c) The size, shape, configuration, and location of the Lagoon and its canals are established at Preliminary Site Plan and may be modified at final engineering as required to satisfy the Town’s drainage, detention, geotechnical, and water-quality requirements, provided the Lagoon continues to function as regional stormwater detention and as the central open space of the development. C-7.10 Compatibility with Off-Site Single-Family Development (a)Where the Property abuts off-site single-family-zoned property, building height shall step down in accordance with the Perimeter standard in C-5.1. C-7.11 Signage (a)Signage within the Property shall be governed by a Comprehensive Sign Package approved by the Planning & Zoning Commission and the Town Council and incorporated as an exhibit (DNT §13). (b)Permitted sign types are those identified in the Comprehensive Sign Package (Exhibit M). Off-premise advertising signs, billboards, pole and pylon signs, and exposed cabinet signs with internally-lit translucent faces are not permitted. Digital and electronic display is permitted only for the performing arts marquee and event signage expressly authorized in Exhibit M. (c)Multi-tenant signage shall be uniform in style, materials, and method of illumination. (d)A performing arts marquee and electronic changeable-copy event signage are permitted in the entertainment core as provided in Exhibit M, notwithstanding any general limitation on illuminated or changeable-copy signs in the Town Sign Ordinance. Page 167 Item 14. The Marco — Planned Development Standards Page 12 (e)Building-identity and building-top identity signage are permitted for office and hotel buildings as provided in Exhibit M. C-8. Building Design Standards The standards in this Section govern building form, massing, and frontage. Building product and material standards are addressed in the Conceptual Elevations exhibit and the Development Agreement. C-8.1 Massing Building masses shall vary in height and roofline so that larger buildings read as a composition of distinct smaller elements. C-8.2 Articulation No building wall shall extend a horizontal distance greater than four times its height without an offset of not less than 25% of its height. Primary façades shall be articulated at intervals not exceeding 40 feet, and no blank wall shall exceed 20 feet in length on a primary frontage. C-8.3 Transparency Ground-floor retail frontages shall provide not less than 50% transparency, and other ground- floor nonresidential frontages not less than 30%. Clear glazing is required; reflective, gold, and heavily tinted glazing are not permitted. Awnings, arcades, or display windows shall be provided along not less than 60% of ground-floor frontage facing the Dallas North Tollway and primary streets (DNT §9). C-8.4 Ground floor Each ground-floor tenant space shall have a functioning primary entrance from the adjoining sidewalk; a corner entrance satisfies this requirement for both frontages. C-8.5 All elevations All building elevations shall be finished to an equivalent standard, and rooftop equipment shall be screened in accordance with C-7.5. C-9. Administration C-9.1 Conformance Except as expressly modified in this Exhibit, development of the Property shall comply with the UDC and the Town Subdivision Ordinance. C-9.2 Conceptual Development Plan The Conceptual Development Plan establishes the general arrangement of uses, open space, and circulation. Lot lines, street alignments, building locations, Planning-Area boundaries, and the configuration of the Lagoon and its canals are established at Preliminary Site Plan, approved by the Planning & Zoning Commission. The Building Height Exhibit controls the boundaries of the height areas established in C-5.1 without regard to Planning-Area boundaries. C-9.3 Minor amendments Page 168 Item 14. The Marco — Planned Development Standards Page 13 The Director of Development Services may approve a site plan or plat that varies from the Conceptual Development Plan without a public hearing, provided the variation does not: (1) alter the relationship of the development to adjacent property; (2) alter permitted uses; (3) increase density; (4) increase building height; (5) increase lot coverage; (6) reduce the off-street parking ratio; (7) reduce perimeter building setbacks; or (8) reduce common open space below the minimum required by C-7.3. A variation meeting any of these criteria requires an amendment of this Planned Development by the Commission and the Town Council. C-9.4 Project tracking The owner shall maintain a project tracking plan recording dwelling units by building type and common open space by Planning Area, updated with each plat and site plan. The project tracking plan is informational and creates no vested rights. C-9.5 Phasing Development shall proceed in accordance with the Development and Phasing Schedule exhibit. The Lagoon and primary public infrastructure shall be constructed in the phases shown on that exhibit. The detention capacity serving an area shall be constructed and functional before that area is placed in service, and the initial phase shall include the portion of the Lagoon and of the primary public infrastructure serving the area developed in that phase. The number, sequence, and boundaries of phases are established at Preliminary Site Plan and may be adjusted at Preliminary Site Plan or at site plan; an adjustment is not a variation from the Conceptual Development Plan for purposes of C-9.3. C-9.6 Alternative compliance The Director of Development Services may approve an alternative to a development standard of this Exhibit upon finding that the alternative satisfies the purpose of the standard to an equal or greater degree. A request for alternative compliance shall be made at a pre-submittal conference. An approval under this Section establishes no precedent and is not a general waiver of the standards of this Planned Development. C-9.7 Architectural review A conceptual material plan shall accompany the Preliminary Site Plan, and a façade plan with a material sample board shall accompany each site plan, subject to the approval of the Director of Development Services. C-9.8 Property association A master property association shall own and maintain the Lagoon, the Public Realm, and the common areas of the development. C-9.9 Fire Code, Engineering, and Floodplain Conformance (a) Approval of this Planned Development does not constitute approval under the Town Fire Code and does not approve fire hydrant locations, fire lanes, or fire apparatus access. Compliance with the Fire Code is determined at Preliminary Site Plan and site plan. (b) Reconfiguration or modification of the layout shown on the Conceptual Development Plan or any other exhibit that is required to satisfy the Fire Code, the Town’s Engineering Design Standards, or applicable floodplain or waters-of-the-United-States regulation is not a variation Page 169 Item 14. The Marco — Planned Development Standards Page 14 from the Conceptual Development Plan for purposes of C-9.3, provided that the maximums established by C-5, the height areas designated on the Building Height Exhibit, and the common open space required by C-7.3 continue to be satisfied for the Property as a whole. (c) Fire apparatus access to the Lagoon, and any fire-related structure required in connection with it, are permitted in every Planning Area, including PA-5, and are not counted against the impervious coverage limit established for PA-5 in C-5.2, provided that the impervious surface so excluded does not exceed 25% of the impervious coverage otherwise permitted in PA-5. (d) Fire apparatus access provided within the Passeggiata or other common open space does not remove that area from the common open space required by C-7.3. (e) Except where this Exhibit expressly provides that an exhibit controls, the layout depicted on the Conceptual Development Plan and the other exhibits illustrates intent, and no vested right arises from the depicted layout. This subsection does not affect the standards established in this Exhibit. Page 170 Item 14. HOTEL856585HC6666667065HC6666666670140 chapel bythe seaOffice Bldg.10,000 s.f.Footprint2-story58 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces414667Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg 3,000 s.f. footpr i n t 9 Spaces DUMPSTER 10Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.2,000 s.f. Footprint6 Spaces7214667Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces15 5DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces10161519Office Bldg3,000 s.f. footprint9 Spaces0112131415161817201904060811Harbor Master1,330 s.f. Footprint2 StoryOf f i c e B l d g . 10 ,000 s . f . F oo t p r i n t 2 - s t o r y 58 S p a c e sOffice Bldg3,000 s.f. footprint9 SpacesOffice Bl dg. 2,00 0 s.f. F o otprint 6 Spac esOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 Spaces1101020304050709100608Office B l d g . 1,000 s . f . Footpri n t 3 Space s Office Bldg.2,000 s.f. Footprint6 SpacesDUMPSTER988413453497LOT-01014Office Bldg.2,000 s.f. Footprint6 SpacesFIREPITSPASPARetail Bldg.7,500 s.f. Footprint30 Spaces Retail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.11,200 s.f.45 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.21,450 s.f.86 Spaces Retail Bldg.13,750 s.f.55 SpacesRetail Bldg.10,000 s.f.40 SpacesRetail Bldg.30,000 s.f.120 Spaces01020304 070910060811121314131920262626262626262626262625226369991013228163DUMPSTER Retai l B ldg .600 s .f .3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces05Retail Bldg.600 s.f.3 Spaces DUMPSTER 151718161920242426100 Spaces / Floor26DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces4DUMPSTEROffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 Spaces Office Bldg3,000 s.f. footprint9 Spaces83Office Bldg3,000 s.f. footprint9 Spaces8Office Bldg.1,000 s.f.Footprint3 Spaces45877Office Bldg3,000 s.f. footprint9 Spaces4Office Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg3,000 s.f. footprint9 Spaces 8Office Bldg3,000 s.f. footprint9 Spaces57764Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bl d g. 600 s. f. 3 Spa c e s Retail Bldg . 600 s.f. 3 Spaces 64,176 s.f.FOOTPRINT54 DU/ FLR270 UNITSRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces5Retail Bldg.10,000 s.f.40 Spaces33484581412Retail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesRetail Bldg.600 s.f.3 SpacesRe t a i l B ld g . 5 ,300 s . f . Fo o tp r i n t22 S p a c e s72" HT.IRON FENCE72" HT. STONEPILASTERS36" IRONGATEDUMPSTERDUMPSTERDUMPSTER01020304050709100608Retail Bldg.10,000 s.f.40 Spaces 2185,388 s.f.FOOTPRINT70 DU/ FLR350 UNITSDUMPSTERRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesDUMP S T E R DUMPSTERDUMPSTERDUMPSTERTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMDUMPSTER2572" HT. IRON FENCE 72" HT. STONE PILASTERS 36" IRON GATE1249125617121211121296410Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 Spaces1212126312117121212Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces5DU M P S T E R FIREPITEQUIPOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 SpacesRe t a i l B l d g . 60 0 s . f . 3 S p a c e s Retail Bldg. 600 s.f. 3 SpacesRetai l B ldg .600 s .f .3 SpacesRetail Bldg.600 s.f.3 Spaces242426100 Spaces / F loor26Corp. O f f ice B ldg .27,7 15 s .f . x3Stories = 83 , 145 s . f .238 SpacesCorp. O f f ice B ldg .8,400 s . f . x5 Stor ies =42,000 s . f . 120 SpacesCorp. Of f ice B ldg .9,762 s . f . x5 Stor ies =48,8 10 s . f .139 SpacesCorp. O f f ice B ldg .14,475 s . f . x5 S tor ies =72,375 s . f .207 Spaces17,940 s .f . x2 Stor ies =35,880 s . f . 103 SpacesCorp. O f f ice B ldg .Tota ls :282,210 s . f .806 Spaces 24 24 26 100 Spaces / Floor26Corp. Office Bldg.27,715 s.f. x3Stories = 83,145 s.f.238 Spaces Corp. Office Bldg.8,400 s.f. x5 Stories =42,000 s.f.120 Spaces Corp. Office Bldg.9,762 s.f. x5 Stories =48,810 s.f.139 SpacesCorp. Of f i c e B l d g . 14,475 s.f. x 5 S t o r i e s = 72,375 s.f.207 Spaces17,940 s.f. x2 S t o r i e s = 35,880 s.f.103 SpacesCorp. Office Bldg.Totals:282,210 s.f.806 Spaces MF/ Retail Bldg.Retail:49,617 s.f.198 SpacesMF:148 Units4-story296 Spaces67,056 s.f.Garage200 Spaces/ Floor1,000 Spaces32323434132 Spaces / FloorHotel244,538 s.f.7-story258 Room430 Spaces5-Story MF110 Units220 Spaces85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S 85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S POOL POOL POOL0203050709100205040306Office Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg.1,000 s.f.Footprint3 Spaces01020102030103020405060708091011010203040501020102010101010101010201020105040302031718702601020124350102010202030405010112422101030102030405070609100811121314151617181920UGE UGEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWSSSSSSSSWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFWGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS16' WATER LINEDALLAS NORTH TOLLWAY US 380BNSF R A I L R O A D SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS14001637.950POINT NOT FOUND14002635.706POINT NOT FOUND14003634.822POINT NOT FOUND14004632.769POINT NOT FOUND14006628.096POINT NOT FOUND14017627.752POINT NOT FOUND15" SEWER LINE PER TOWN OFPROSPER WASTEWATERMASTER PLANEX CATCH BASINEX CATCH BASINEX CATCH BASIN75' IRVING WATER LINE ESMT4 - 8'X5'RCBFL: 622.30DRAINAGE ESMTFUTURE SEWER ESMTWATER ESMTSPASPAPOOLSPASPAPOOLEQUIP061521345791012131416171819202122232482627252829303132333435OP1832353535611DOGPARKDOGPARK72" HT. STONEPILASTERS 36" IRONGATE DOGPARKOffic e B l d g 3,000 s . f . f o o t p r i n t 9 Spa c e s Conceptual Development Plan1521345791012131416171920212223248262725282930313233343518611OFFICE CONDOSPRE-SCHOOLCORPORATE HEADQUARTERSOFFICETHE PHOENIX - PERFORMING ARTS CENTERPLAZARETAILMULTIFAMILY OVER FITNESS CENTERMULTIFAMILY- AGE RESTRICTEDOFFICECOMMON AREA- OPEN SPACEMULTIFAMILYMULTIFAMILYLUXURY MULTIFAMILYLUXURY MULTIFAMILYISLAND CHAPELLUXURY HOTEL WITH CONDOSTOWNHOMESCOMMON AREA- OPEN SPACECOMMON AREA- OPEN SPACERETAILLAGOON- OPEN SPACERIGHT OF WAYMULTIFAMILYMULTIFAMILYLUXURY GARAGE FACILITYMULTIFAMILYMULTIFAMILYLUXURY GARAGE FACILITYMULTIFAMILYLUXURY MULTIFAMILYMULTIFAMILYLEGENDPASSEGGIATA:The continuous promenade located atthe edge of the lagoon.A 26' wide fire lane with limited accessto vehicular traffic.OFFICE CONDOSOFFICE CONDOSOFFICE CONDOSCORPORATE HEADQUARTERSJuly 23, 2026DRAWN BY: GKD142.996 ACRESPROJECT NO: ZONE-26-0009CONCEPTUAL PLAN050100150GRAPHIC SCALE IN FEETSCALE: 1" = 100'-0"200EXHIBIT-DOWNER:GODWIN INVESTMENTS, LTD.MR. DONALD E. GODWIN10348 STRAIT LANEDALLAS, TX 75229214-638-6813APPLICANT:BLACKSTONE COMMUNITIESMR. JEFFORY D. BLACKARD401 ADRIATIC PKWY.McKINNEY, TX 75072214-914-1695FIRE ZONING NOTES :ZONING DOES NOT INCLUDE COMPLIANCE WITH TOWN FIRE CODE, NORDOES IT INCLUDE FIRE HYDRANTS, AND FIRE LANE LAYOUT. REVIEW OFTHE ZONING DOES NOT GRAND OR OTHERWISE PROVIDE SAIDAPPROVAL TO THE TOWN FIRE CODE, FULL COMPLIANCE WILL BEREVIEWED DURING PSP AND SP SUBMITTAL AND MAY REQUIRE THESITE IS RECONFIGURED AND MODIFIED FROM THAT SHOWN IN THECONCEPT PLAN AND/OR ZONING EXHIBTS. FIRE EQUIPMENT ANDACCESS TO THE LAKE WILL NEED TO BE PROVIDED AND MAY INCLUDEDEDICATED FIRE RELATED BUILDINGS AT A DOCK(S) LOCATION ANDTHROUGHOUT THE DEVELOPMENT AT LOCATIONS AND TYPES TO BEDETERMINED.Note:The conceptual layout generally depicts intent, but final layout shall be determined at time ofPreliminary Site Plan, and shall meet all Town requirements including, but not limited to, ALLFire Code requirements. Engineering Design Standards as it relates to driveway spacing,throat depth and turn lane requirements, standard Town landscape requirements if nototherwise defined in Exhibit C (Development Standards), and all development standardslisted throughout the Town Zoning Ordinance also if not otherwise defined in Exhibit C. Inaddition, all other local, state, and federal regulations as it relates to the floodplain andwaters of the US, or other shall be adhered. There are no vested rights with the approval ofthe layout of this zoning case depicted in Exhibit D.Page 171Item 14. HOTEL856585HC6666667065HC6666666670140 chapel bythe seaOffice Bldg.10,000 s.f.Footprint2-story58 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces414667Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg 3,000 s.f. footpr i n t 9 Spaces DUMPSTER 10Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.2,000 s.f. Footprint6 Spaces7214667Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces15 5DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces10161519Office Bldg3,000 s.f. footprint9 Spaces0112131415161817201904060811Harbor Master1,330 s.f. Footprint2 StoryOf f i c e B l d g . 10 ,000 s . f . F oo t p r i n t 2 - s t o r y 5 8 S p a c e sOffice Bldg3,000 s.f. footprint9 SpacesOffi ce Bl dg. 2,00 0 s.f. F o otprint 6 Spac esOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 Spaces1101020304050709100608Office B l d g . 1,000 s . f . Footpri n t 3 Spac e s Office Bldg.2,000 s.f. Footprint6 SpacesDUMPSTER988413453497LOT-01014Office Bldg.2,000 s.f. Footprint6 SpacesFIREPITSPASPARetail Bldg.7,500 s.f. Footprint30 Spaces Retail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.11,200 s.f.45 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.21,450 s.f.86 Spaces Retail Bldg.13,750 s.f.55 SpacesRetail Bldg.10,000 s.f.40 SpacesRetail Bldg.30,000 s.f.120 Spaces01020304 070910060811121314131920262626262626262626262625226369991013228163DUMPSTER Retai l B ldg .600 s .f .3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces05Retail Bldg.600 s.f.3 Spaces DUMPSTE R 151718161920242426100 Spaces / Floor26DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces4DUMPSTEROffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 Spaces Office Bldg3,000 s.f. footprint9 Spaces83Office Bldg3,000 s.f. footprint9 Spaces8Office Bldg.1,000 s.f.Footprint3 Spaces45877Office Bldg3,000 s.f. footprint9 Spaces4Office Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg3,000 s.f. footprint9 Spaces 8Office Bldg3,000 s.f. footprint9 Spaces57764Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bl d g. 600 s. f. 3 Spa c e s Retail Bldg . 600 s.f. 3 Spaces 64,176 s.f.FOOTPRINT54 DU/ FLR270 UNITSRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces5Retail Bldg.10,000 s.f.40 Spaces33484581412Retail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesRetail Bldg.600 s.f.3 SpacesRe t a i l B ld g .5, 300 s . f . F o o t p r i n t 2 2 S p a c e s72" HT.IRON FENCE72" HT. STONEPILASTERS36" IRONGATEDUMPSTERDUMPSTERDUMPSTER01020304050709100608Retail Bldg.10,000 s.f.40 Spaces 2185,388 s.f.FOOTPRINT70 DU/ FLR350 UNITSDUMPSTERRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesDUMP S T E R DUMPSTERDUMPSTERDUMPSTERTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMDUMPSTER2572" HT. IRON FENCE 72" HT. STONE PILASTERS 36" IRON GATE1249125617121211121296410Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 Spaces1212126312117121212Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces5D U M P S T E R FIREPITEQUIPOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 SpacesRe t a i l B l d g . 60 0 s . f . 3 S p a c e s Retail Bldg. 600 s.f. 3 SpacesReta i l B ldg .600 s . f .3 SpacesRetail Bldg.600 s.f.3 Spaces242426100 Spaces / F loor26Corp. O f f ice B ldg .27,715 s . f . x3Stories = 83 , 145 s . f .238 SpacesCorp. O f f ice B ldg .8,400 s . f . x5 S tor ies =42,000 s . f .120 SpacesCorp. Of f ice B ldg .9,762 s . f . x5 Stor ies =48,8 10 s . f .139 SpacesCorp. O f f ice B ldg . 14 ,475 s . f . x5 S tor ies =72,375 s . f .207 Spaces 17 ,940 s . f . x2 S tor ies =35,880 s .f .103 SpacesCorp. O f f ice B ldg .Tota ls :282,210 s . f .806 Spaces 24 24 26 100 Spaces / Floor26Corp. Office Bldg.27,715 s.f. x3Stories = 83,145 s.f.238 Spaces Corp. Office Bldg.8,400 s.f. x5 Stories =42,000 s.f.120 Spaces Corp. Office Bldg.9,762 s.f. x5 Stories =48,810 s.f.139 SpacesCorp. Of f i c e B l d g . 14,475 s.f. x 5 S t o r i e s = 72,375 s.f.207 Spaces17,940 s.f. x2 S t o r i e s = 35,880 s.f.103 SpacesCorp. Office Bldg.Totals:282,210 s.f.806 Spaces MF/ Retail Bldg.Retail:49,617 s.f.198 SpacesMF:148 Units4-story296 Spaces67,056 s.f.Garage200 Spaces/ Floor1,000 Spaces32323434132 Spaces / FloorHotel244,538 s.f.7-story258 Room430 Spaces5-Story MF110 Units220 Spaces85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S 85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S POOL POOL POOL0203050709100205040306Office Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg.1,000 s.f.Footprint3 Spaces01020102030103020405060708091011010203040501020102010101010101010201020105040302031718702601020124350102010202030405010112422101030102030405070609100811121314151617181920UGE UGEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWSSSSSSSSWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFWGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS16' WATER LINE628 629630630631633634635636637638 6 3 9639640641642 640 641 629629634635627628629 630631 632 633 63 4 635 63 6 637 638639640 640641 642DALLAS NORTH TOLLWAY US 380BNSF R A I L R O A D628637638636636637 SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS14001637.950POINT NOT FOUND14002635.706POINT NOT FOUND14003634.822POINT NOT FOUND14004632.769POINT NOT FOUND14006628.096POINT NOT FOUND14017627.752POINT NOT FOUND15" SEWER LINE PER TOWN OFPROSPER WASTEWATERMASTER PLANEX CATCH BASINEX CATCH BASINEX CATCH BASIN75' IRVING WATER LINE ESMT4 - 8'X5'RCBFL: 622.30DRAINAGE ESMTFUTURE SEWER ESMTWATER ESMTSPASPAPOOLSPASPAPOOLEQUIP061521345791012131416171819202122232482627252829303132333435OP1832353535611DOGPARKDOGPARK72" HT. STONEPILASTERS 36" IRONGATE DOGPARKOffic e B l d g 3,000 s . f . f o o t p r i n t 9 Spa c e s PHASING PLANPHASE 1:To be developed to begin the project.Site wide Infrastructure and initialprojects.PHASE 2:To be developed as directed by padpurchasers.CORPORATE OFFICE/HEADQUARTERS:To be developed as directed by padpurchasers.July 23, 2026DRAWN BY: GKD142.996 ACRESPROJECT NO: ZONE-26-0009PHASING PLANTIMING:The phasing and development of this project isdependent upon market conditions and theconstruction of the Dallas North Tollway andGodwin Parkway. This schedule is conceptualand subject to change based on permitting,entitlements, and market conditions.The project is expected to take 5-7 years fromthe commencement of construction to complete.050100150GRAPHIC SCALE IN FEETSCALE: 1" = 100'-0"200EXHIBIT-EOWNER:GODWIN INVESTMENTS, LTD.MR. DONALD E. GODWIN10348 STRAIT LANEDALLAS, TX 75229214-638-6813APPLICANT:BLACKSTONE COMMUNITIESMR. JEFFORY D. BLACKARD401 ADRIATIC PKWY.McKINNEY, TX 75072214-914-1695Page 172Item 14. T H E M A R C O   ·   P L A N N E D D E V E L O P M E N T   ·   P R O S P E R , T E X A S Exhibit FExhibit F Conceptual Elevations Illustrates the architectural character, massing, and material palette of representative buildings, and supports building design under C-8 together with the Development Agreement. NOR TH E A S T CORN E R , DA L L A S NORTH TO L LWAY & U . S . H I GHWAY 3 8 0   ·   J U L Y 2 0 2 6 Page 173 Item 14. THE MARCO  ·  PLANNED DEVELOPMENT CONCEPTUAL ELEVATIONS R E P R E S E N TAT I V E B U I L D I N G · 0 1 The Canal District Pedestrian quays step down to the water on either side of a navigable canal, crossed by a low stone footbridge and worked by the village water taxi. Four- and five-story facades in ochre and terracotta stucco rise directly from the quay in the Venetian manner — a defined masonry base, a tall shuttered body, and a deep bracketed cornice — so that the water, not the street, becomes the room. The Marco  ·  Prosper, Texas Exhibit F  ·  F-1Page 174 Item 14. T H E M A R C O  ·  P L A N N E D D E V E L O P M E N T C O N C E P T U A L E L E V A T I O N S R E P R E S E N T A T I V E B U I L D I N G · 0 2 The Hotel A landmark massing anchored by a campanile marks the hotel on the lagoon, its arcaded ground floor opening to a waterfront terrace and beach club. The building reads as a composition of distinct elements — tower, primary block, and stepped garden wings — rather than a single slab, and its palette of warm stucco and stone sets the standard for the district’s hospitality core. T h e M ar c o  ·  P r o s p e r , Te x a s E x h i b i t F  ·  F -2Page 175 Item 14. T H E M A R C O  ·  P L A N N E D D E V E L O P M E N T C O N C E P T U A L E L E V A T I O N S R E P R E S E N T A T I V E B U I L D I N G · 0 3 The Retail Promenade A cobbled pedestrian street is framed by continuous ground-floor storefronts beneath arcades and awnings, the shaded colonnade drawing the eye down the block. Two- and three-story mixed-use buildings hold a consistent street wall while varying in color, bay, and detail, so the promenade reads as many hands rather than one. T h e M ar c o  ·  P r o s p e r , Te x a s E x h i b i t F  ·  F -3Page 176 Item 14. T H E M A R C O  ·  P L A N N E D D E V E L O P M E N T C O N C E P T U A L E L E V A T I O N S R E P R E S E N T A T I V E B U I L D I N G · 0 4 The Office Condominiums Boutique office buildings take the form of stone-and-stucco palazzi, their upper floors carried on a rusticated base with loggias and deep-set windows that give daytime workplaces the grain of a residential quarter. Rooflines vary in height and pitch so the office blocks join the village skyline rather than interrupt it. T h e M ar c o  ·  P r o s p e r , Te x a s E x h i b i t F  ·  F -4Page 177 Item 14. T H E M A R C O  ·  P L A N N E D D E V E L O P M E N T C O N C E P T U A L E L E V A T I O N S · C H A R A C T E R S T U D I E S The following studies illustrate the intended character of the public realm — its streets, squares, water, and building fronts — in the sequence a visitor moves through the village, from arrival to the evening waterfront. A R R I VA L & G A T E WA Y An arrival piazza organized around a central fountain and framed by cypress, giving the district a formal point of entry. The campanile beyond fixes the skyline and orients the visitor from the first moment. WAT E R , C A N A L S & L A G O O N The lagoon promenade in daylight: a broad stone walk holds the water’s edge while an arcaded frontage shades the shops behind. The open water gives the district its central view and its recreational spine. WA T E R , C A N A L S & L A G O O N A secondary canal lined with residential palazzi and moored boats at the quay. Buildings meet the water without setback, their reflections doubling the height and color of the street wall. WAT E R , C A N A L S & L A G O O N The canals at night, worked by a flat-bottomed boat beneath a chapel and strung lights. Evening reveals the intended character of the water district — quiet, lantern-lit, and walkable. WA T E R , C A N A L S & L A G O O N A framed view through a sotoportego — the covered passage cut beneath a building — from the street to the lagoon and its fountain. Passages of this kind thread the block interiors to the water. T h e M ar c o  ·  P r o s p e r , Te x a s E x h i b i t F  ·  F -5Page 178 Item 14. T H E M A R C O  ·  P L A N N E D D E V E L O P M E N T C O N C E P T U A L E L E V A T I O N S · C H A R A C T E R S T U D I E S S T R E E T S , A R C A D E S & S T O R E F R O N T S A civic loggia: a two-story arcade of stone piers sheltering a ground- floor market hall, its upper gallery glazed and lit. The type gives the village a covered public room at the heart of the retail core. S T R E E T S , A R C A D E S & S T O R E F R O N T S A storefront under the arcade — here a barber’s shop — showing the intended grain of retail tenancy: individual signs, warm interiors, and glazed shopfronts held within a continuous masonry frame. S T R E E T S , A R C A D E S & S T O R E F R O N T S The retail street in use, with market stalls and awnings spilling from the storefronts and foot traffic held by a consistent two-story street wall. Transparency and frequent entrances keep the ground floor active. S T R E E T S , A R C A D E S & S T O R E F R O N T S A promenade at dusk, paved in stone and lit by a single lamp standard, terminating at the water. Ground-floor arcades and a disciplined cornice line carry the eye toward the lagoon. S T R E E T S , A R C A D E S & S T O R E F R O N T S A cobbled lane falls to the water’s edge, ending at a boat landing with the campanile answering from across the lagoon. The grade change and the terminated view are the incident the street network is meant to produce. T h e M ar c o  ·  P r o s p e r , Te x a s E x h i b i t F  ·  F -6Page 179 Item 14. T H E M A R C O  ·  P L A N N E D D E V E L O P M E N T C O N C E P T U A L E L E V A T I O N S · C H A R A C T E R S T U D I E S C I V I C & G AT H E R I N G The principal square at civic scale, its paving meeting the water so that piazza and lagoon read as one gathering space. The composition is built for events — the district’s outdoor room. C I V I C & G AT H E R I N G The performing arts venue anchoring the square, its lit facade and campanile presiding over an evening crowd. The building is the cultural keystone the plan places at the center of the public realm. C I V I C & G AT H E R I N G A smaller neighborhood piazza with a fountain and arcaded edges, scaled for daily use rather than spectacle. Squares of this size distribute public life through the district between the larger civic rooms. D I N I N G & E V E N I N G L I F E Cafe dining under flowered balconies, tables held in the shade of the buildings around a working fountain. The ground floor gives directly onto the square, blurring the line between building and piazza. D I N I N G & E V E N I N G L I F E The restaurant row at night, tables lining the quay the length of the lagoon. Lit interiors and a continuous edge of dining turn the waterfront into the district’s evening destination. T h e M ar c o  ·  P r o s p e r , Te x a s E x h i b i t F  ·  F -7Page 180 Item 14. T H E M A R C O  ·  P L A N N E D D E V E L O P M E N T C O N C E P T U A L E L E V A T I O N S Character & Materials Across every building type, the district holds to a single Adriatic–Veneto vocabulary. Walls are load-bearing in expression: a rusticated stone or heavy-stucco base carries a taller body of smooth ochre, terracotta, and sand-toned stucco, closed by a deep bracketed cornice and low-pitched clay tile roofs. Openings are vertical and deeply set, ordered by shutters, iron balconies, and — at the ground floor — arcades, loggias, and glazed shopfronts. Campanili and belvedere towers punctuate the skyline at the civic and hospitality anchors, giving the village its orientation points. Massing follows the same discipline the written standards require: a legible base, body, and cap; frequent offsets and varied rooflines that let larger buildings read as a composition of smaller ones; and active, transparent ground floors along the promenades and the water. These images illustrate the intended character and quality of the built environment. The governing form standards are set in Section B-8, and the material and craft standards are carried forward in the Development Agreement. M A T E R I A L P A L E T T E Ochre, terracotta & sand stucco Rusticated stone base Low-pitched clay tile roofs Bracketed timber cornices Wrought-iron balconies & lanterns Arcades, loggias & colonnades Campanili & belvedere towers Stone quays & cobbled paving T h e M ar c o  ·  P r o s p e r , Te x a s E x h i b i t F  ·  F -8Page 181 Item 14. THE MARCO Planned Development District EXHIBIT G Landscape Plan and Plant List Exhibit G — Landscape Plan and Plant List This Exhibit is the Landscape Plan for The Marco Planned Development District. It establishes the landscape framework for the District and the approved plant palette referenced in §C-7.2. Detailed landscape plans for each site or phase shall be prepared by a landscape architect licensed in the State of Texas and shall be submitted with the corresponding Site Plan or Final Plat in accordance with UDC §2.08.C. G-1. Intent Landscape is a primary element of the District’s character. Canopy streets, cypress verticals, planted water’s edges, and the potted and climbing plantings of its piazzas and courtyards together establish the Mediterranean village character described in the Statement of Intent. The palette in this Exhibit is drawn predominantly from the Town’s approved plant materials (UDC §2.08.G) — native and drought-tolerant species suited to North Texas — supplemented with species suited to the lagoon and canal margins and to the District’s village character. G-2. Landscape Framework (a) Tollway and highway frontage. A landscaped edge not less than 30 feet in width shall be provided along the Dallas North Tollway and U.S. Highway 380 in accordance with DNT §10.1 and §C-7.2(a), planted with canopy trees, shrub screening, and earthen berms. (b) Thoroughfare edges and street trees. Landscaped edges along other thoroughfares shall be provided in accordance with DNT §10.2. Within the village, street trees shall be planted at regular intervals along drives and pedestrian ways, and may be clustered or aligned in allées to frame view corridors, landmark buildings, and gateways. (c) The Passeggiata. The Passeggiata shall be planted with shade trees, ornamental understory, and container plantings appropriate to a continuous public promenade. (d) Lagoon and canal margins. Riparian and aquatic-margin species shall be used at the water’s edge to stabilize banks and soften bulkheads and canal walls, except where a hard architectural edge is integral to the design of the canal or basin. (e) Piazzas, courtyards, and containers. Plazas, courtyards, balconies, and storefront frontages shall incorporate container plantings, climbing vines on pergolas, arbors, and facades, and other fine-grain plantings that give the village its inhabited character. (f) Parks and greens. Parks and greens shall combine canopy shade, turf, and ornamental planting. (g) Perimeter adjacency. Where the District adjoins off-site single-family zoning, buffer planting shall include evergreen content sufficient to provide year-round screening. Page 182 Item 14. (h) Irrigation and maintenance. All landscaped areas shall be irrigated and maintained in accordance with §C-7.2(e) and UDC §2.08.D. G-3. General Provisions (a) The plant schedule in §G-4 constitutes the approved plant list for the District for purposes of UDC §2.08. (b) Plant material shall meet the minimum sizes and installation standards of UDC §2.08 at the time of planting, except as modified by Exhibit C. (c) Additional species, and substitutions of listed species, may be approved by the Director of Development Services. (d) No single tree species shall exceed 45 percent of the required tree plantings within any Planning Area. (e) Artificial turf may be used in nonresidential areas upon Town staff approval in accordance with UDC §2.08.G.1. G-4. Plant Schedule Canopy Trees The shade structure of the District — street trees, allées, park groves, and the Tollway edge. Broad crowns over walkable streets. Common Name Botanical Name Live Oak (evergreen) Quercus virginiana Cedar Elm Ulmus crassifolia Chinquapin Oak Quercus muehlenbergii Bur Oak Quercus macrocarpa Shumard Oak Quercus shumardii Texas Red Oak Quercus buckleyi Lacebark Elm Ulmus parvifolia American Elm Ulmus americana Bald Cypress Taxodium distichum Montezuma Cypress Taxodium mucronatum Pecan Carya illinoinensis Southern Magnolia (evergreen) Magnolia grandiflora Caddo Maple Acer saccharum 'Caddo' Bigtooth Maple Acer grandidentatum Texas Ash Fraxinus texensis Evergreen and Vertical Accent Trees The vertical silhouette of the village — the slender evergreen forms that flank towers, gateways, courtyards, and the campanili, and provide year-round screening. Page 183 Item 14. Common Name Botanical Name Eastern Red Cedar, including upright cultivars 'Taylor', 'Brodie', and 'Burkii' Juniperus virginiana Italian Cypress Cupressus sempervirens Arizona Cypress Cupressus arizonica Afghan Pine Pinus eldarica Blue Point Juniper Juniperus chinensis 'Blue Point' Hollywood Juniper Juniperus chinensis 'Torulosa' Ornamental Trees Flowering and small-stature trees for plazas, courtyards, garden walls, and understory planting. Common Name Botanical Name Crepe Myrtle (tree form) Lagerstroemia indica Vitex (Chaste Tree) Vitex agnus-castus Desert Willow Chilopsis linearis Mexican Plum Prunus mexicana Texas Redbud Cercis canadensis var. texensis Yaupon Holly (tree form, evergreen) Ilex vomitoria Possumhaw Holly Ilex decidua Texas Persimmon Diospyros texana Mexican Buckeye Ungnadia speciosa Eve's Necklace Styphnolobium affine Roughleaf Dogwood Cornus drummondii Pomegranate Punica granatum Wax Myrtle Morella cerifera Mission Olive Olea europaea 'Mission' Palms Accent palms for the waterfront and select courtyard settings. Common Name Botanical Name Texas Sabal Palm Sabal mexicana Windmill Palm Trachycarpus fortunei Dwarf Palmetto Sabal minor Shrubs and Hedges Evergreen structure, hedging, screening, and foundation planting. Common Name Botanical Name Dwarf Yaupon Holly Ilex vomitoria 'Nana' Dwarf Wax Myrtle Morella cerifera var. pumila Page 184 Item 14. Common Name Botanical Name Texas Sage, incl. compact cultivars Leucophyllum frutescens Glossy Abelia, incl. dwarf cultivars Abelia × grandiflora Nellie R. Stevens Holly Ilex × 'Nellie R. Stevens' Burford Holly, incl. dwarf cultivars Ilex cornuta 'Burfordii' Indian Hawthorn Rhaphiolepis indica Italian Jasmine Jasminum humile Rosemary Salvia rosmarinus Red Yucca Hesperaloe parviflora Softleaf Yucca Yucca recurvifolia Sotol Dasylirion texanum Century Plant and related agaves Agave spp. Agarita Mahonia trifoliolata American Beautyberry Callicarpa americana Cleyera Ternstroemia gymnanthera Oakleaf Hydrangea Hydrangea quercifolia Leatherleaf Mahonia Mahonia bealei Coralberry Symphoricarpos orbiculatus Dwarf Pomegranate Punica granatum 'Nana' Ornamental Grasses Massed and drifted plantings for open space, swales, and the Tollway edge. Common Name Botanical Name Lindheimer's Muhly Muhlenbergia lindheimeri Gulf Muhly (Autumn Blush) Muhlenbergia capillaris Little Bluestem Schizachyrium scoparium Sideoats Grama Bouteloua curtipendula Blue Grama Bouteloua gracilis Inland Sea-Oats Chasmanthium latifolium Feather Reed Grass Calamagrostis × acutiflora 'Karl Foerster' Maiden Grass, incl. dwarf cultivars Miscanthus sinensis Mexican Feathergrass Nassella tenuissima Groundcovers Living cover for planting beds, tree wells, and terraced gardens. Common Name Botanical Name Asiatic Jasmine Trachelospermum asiaticum Liriope (Lily Turf) Liriope muscari Mondo Grass Ophiopogon japonicus Page 185 Item 14. Common Name Botanical Name Santolina (Lavender Cotton) Santolina chamaecyparissus Hardy Plumbago Ceratostigma plumbaginoides Pigeonberry Rivina humilis Trailing Rosemary Salvia rosmarinus 'Prostratus' Trailing Lantana Lantana montevidensis Pink Skullcap Scutellaria suffrutescens Sedum species Sedum spp. Creeping Thyme Thymus spp. Snake Herb Dyschoriste linearis Vines and Climbers Planting for pergolas, arbors, trellises, garden walls, and building facades — the climbing green layer of the village. Common Name Botanical Name Crossvine Bignonia capreolata Star (Confederate) Jasmine Trachelospermum jasminoides Evergreen Wisteria Millettia reticulata Fig Ivy Ficus pumila Trumpet Vine Campsis radicans Perennials and Container Plantings Seasonal color for piazzas, balconies, window boxes, and terracotta containers; species noted "container" are for pots and raised planters. Common Name Botanical Name Autumn Sage and related salvias Salvia greggii; Salvia spp. Lantana Lantana spp. Turk's Cap Malvaviscus arboreus var. drummondii Blackfoot Daisy Melampodium leucanthum Rock Rose (Pavonia) Pavonia lasiopetala Penstemon species Penstemon spp. Black-Eyed Susan Rudbeckia spp. Dwarf Ruellia Ruellia simplex 'Katie' Bougainvillea (container) Bougainvillea spp. Geranium (container) Pelargonium spp. Esperanza (container) Tecoma stans Tropical Hibiscus (container) Hibiscus rosa-sinensis Plumeria (container) Plumeria spp. Page 186 Item 14. Lagoon and Canal Margins Riparian and aquatic-margin species for the water’s edge — bank stabilization, planted margins, and the softening of bulkheads and canal walls. Common Name Botanical Name Bald Cypress Taxodium distichum Montezuma Cypress Taxodium mucronatum Buttonbush Cephalanthus occidentalis Pickerelweed Pontederia cordata Louisiana Iris hybrids Iris spp. (Louisiana hybrids) Soft Rush Juncus effusus Horsetail Reed (contained planters only) Equisetum hyemale Inland Sea-Oats Chasmanthium latifolium Bushy Bluestem Andropogon glomeratus Eastern Gamagrass Tripsacum dactyloides Turf Lawn areas within parks, greens, and open space. Common Name Botanical Name Common Bermudagrass and hybrid cultivars Cynodon dactylon Buffalograss Bouteloua dactyloides Zoysiagrass Zoysia spp. Page 187 Item 14. HOTEL856585HC6666667065HC6666666670140 chapel bythe seaOffice Bldg.10,000 s.f.Footprint2-story58 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces414667Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg 3,000 s.f. footpr i n t 9 Spaces DUMPSTER 10Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.2,000 s.f. Footprint6 Spaces7214667Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces15 5DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces10161519Office Bldg3,000 s.f. footprint9 Spaces0112131415161817201904060811Harbor Master1,330 s.f. Footprint2 StoryOf f i c e B l d g . 10 ,000 s . f . F oo t p r i n t 2 - s t o r y 58 S p a c e sOffice Bldg3,000 s.f. footprint9 SpacesOffice Bl dg. 2,00 0 s.f. F o otprint 6 Spac esOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 Spaces1101020304050709100608Office B l d g . 1,000 s . f . Footpri n t 3 Space s Office Bldg.2,000 s.f. Footprint6 SpacesDUMPSTER988413453497LOT-01014Office Bldg.2,000 s.f. Footprint6 SpacesFIREPITSPASPARetail Bldg.7,500 s.f. Footprint30 Spaces Retail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.11,200 s.f.45 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.21,450 s.f.86 Spaces Retail Bldg.13,750 s.f.55 SpacesRetail Bldg.10,000 s.f.40 SpacesRetail Bldg.30,000 s.f.120 Spaces01020304 070910060811121314131920262626262626262626262625226369991013228163DUMPSTER Retai l B ldg .600 s .f .3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces05Retail Bldg.600 s.f.3 Spaces DUMPSTER 151718161920242426100 Spaces / Floor26DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces4DUMPSTEROffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 Spaces Office Bldg3,000 s.f. footprint9 Spaces83Office Bldg3,000 s.f. footprint9 Spaces8Office Bldg.1,000 s.f.Footprint3 Spaces45877Office Bldg3,000 s.f. footprint9 Spaces4Office Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg3,000 s.f. footprint9 Spaces 8Office Bldg3,000 s.f. footprint9 Spaces57764Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bl d g. 600 s. f. 3 Spa c e s Retail Bldg . 600 s.f. 3 Spaces 64,176 s.f.FOOTPRINT54 DU/ FLR270 UNITSRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces5Retail Bldg.10,000 s.f.40 Spaces33484581412Retail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesRetail Bldg.600 s.f.3 SpacesRe t a i l B ld g . 5 ,300 s . f . Fo o tp r i n t22 S p a c e s72" HT.IRON FENCE72" HT. STONEPILASTERS36" IRONGATEDUMPSTERDUMPSTERDUMPSTER01020304050709100608Retail Bldg.10,000 s.f.40 Spaces 2185,388 s.f.FOOTPRINT70 DU/ FLR350 UNITSDUMPSTERRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesDUMP S T E R DUMPSTERDUMPSTERDUMPSTERTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMDUMPSTER2572" HT. IRON FENCE 72" HT. STONE PILASTERS 36" IRON GATE1249125617121211121296410Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 Spaces1212126312117121212Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces5DU M P S T E R FIREPITEQUIPOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 SpacesRe t a i l B l d g . 60 0 s . f . 3 S p a c e s Retail Bldg. 600 s.f. 3 SpacesRetai l B ldg .600 s .f .3 SpacesRetail Bldg.600 s.f.3 Spaces242426100 Spaces / F loor26Corp. O f f ice B ldg .27,7 15 s .f . x3Stories = 83 , 145 s . f .238 SpacesCorp. O f f ice B ldg .8,400 s . f . x5 Stor ies =42,000 s . f . 120 SpacesCorp. Of f ice B ldg .9,762 s . f . x5 Stor ies =48,8 10 s . f .139 SpacesCorp. O f f ice B ldg .14,475 s . f . x5 S tor ies =72,375 s . f .207 Spaces17,940 s .f . x2 Stor ies =35,880 s . f . 103 SpacesCorp. O f f ice B ldg .Tota ls :282,210 s . f .806 Spaces 24 24 26 100 Spaces / Floor26Corp. Office Bldg.27,715 s.f. x3Stories = 83,145 s.f.238 Spaces Corp. Office Bldg.8,400 s.f. x5 Stories =42,000 s.f.120 Spaces Corp. Office Bldg.9,762 s.f. x5 Stories =48,810 s.f.139 SpacesCorp. Of f i c e B l d g . 14,475 s.f. x 5 S t o r i e s = 72,375 s.f.207 Spaces17,940 s.f. x2 S t o r i e s = 35,880 s.f.103 SpacesCorp. Office Bldg.Totals:282,210 s.f.806 Spaces MF/ Retail Bldg.Retail:49,617 s.f.198 SpacesMF:148 Units4-story296 Spaces67,056 s.f.Garage200 Spaces/ Floor1,000 Spaces32323434132 Spaces / FloorHotel244,538 s.f.7-story258 Room430 Spaces5-Story MF110 Units220 Spaces85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S 85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S POOL POOL POOL0203050709100205040306Office Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg.1,000 s.f.Footprint3 Spaces01020102030103020405060708091011010203040501020102010101010101010201020105040302031718702601020124350102010202030405010112422101030102030405070609100811121314151617181920UGE UGEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWSSSSSSSSWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFWGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS16' WATER LINE628 629630630631633634635636637638 6 3 9639640641642 640 641 629629634635627628629 630631 632 633 63 4 635 63 6 637 638639640 640641 642DALLAS NORTH TOLLWAY US 380BNSF R A I L R O A D628637638636636637 SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS14001637.950POINT NOT FOUND14002635.706POINT NOT FOUND14003634.822POINT NOT FOUND14004632.769POINT NOT FOUND14006628.096POINT NOT FOUND14017627.752POINT NOT FOUND15" SEWER LINE PER TOWN OFPROSPER WASTEWATERMASTER PLANEX CATCH BASINEX CATCH BASINEX CATCH BASIN75' IRVING WATER LINE ESMT4 - 8'X5'RCBFL: 622.30DRAINAGE ESMTFUTURE SEWER ESMTWATER ESMTSPASPAPOOLSPASPAPOOLEQUIP061521345791012131416171819202122232482627252829303132333435OP1832353535611DOGPARKDOGPARK72" HT. STONEPILASTERS 36" IRONGATE DOGPARKOffic e B l d g 3,000 s . f . f o o t p r i n t 9 Spa c e s OPEN SPACEPASSEGGIATA:The continuous promenade located atthe edge of the lagoon.GREEN SPACE:Landscaped areas to count towardsthe Open Space Calculation.LAGOON & CANALS:Water surface to count towards theOpen Space Calculation.211,824 s.f.4.86 ac360,814 s.f.8.28 ac675,670 s.f.15.51 acTOTALS:1,248,309 s.f.28.66 ac050100150GRAPHIC SCALE IN FEETSCALE: 1" = 100'-0"200July 23, 2026DRAWN BY: GKD142.996 ACRESPROJECT NO: ZONE-26-0009OPEN SPACE PLANEXHIBIT-HOWNER:GODWIN INVESTMENTS, LTD.MR. DONALD E. GODWIN10348 STRAIT LANEDALLAS, TX 75229214-638-6813APPLICANT:BLACKSTONE COMMUNITIESMR. JEFFORY D. BLACKARD401 ADRIATIC PKWY.McKINNEY, TX 75072214-914-1695Page 188Item 14. HOTEL856585HC6666667065HC6666666670140 chapel bythe seaOffice Bldg.10,000 s.f.Footprint2-story58 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces414667Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg 3,000 s.f. footpr i n t 9 Spaces DUMPSTER 10Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.2,000 s.f. Footprint6 Spaces7214667Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces15 5DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces10161519Office Bldg3,000 s.f. footprint9 Spaces0112131415161817201904060811Harbor Master1,330 s.f. Footprint2 StoryOf f i c e B l d g . 10 ,000 s . f . F oo t p r i n t 2 - s t o r y 58 S p a c e sOffice Bldg3,000 s.f. footprint9 SpacesOffice Bl dg. 2,00 0 s.f. F o otprint 6 Spac esOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 Spaces1101020304050709100608Office B l d g . 1,000 s . f . Footpri n t 3 Space s Office Bldg.2,000 s.f. Footprint6 SpacesDUMPSTER988413453497LOT-01014Office Bldg.2,000 s.f. Footprint6 SpacesFIREPITSPASPARetail Bldg.7,500 s.f. Footprint30 Spaces Retail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.11,200 s.f.45 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.21,450 s.f.86 Spaces Retail Bldg.13,750 s.f.55 SpacesRetail Bldg.10,000 s.f.40 SpacesRetail Bldg.30,000 s.f.120 Spaces01020304 070910060811121314131920262626262626262626262625226369991013228163DUMPSTER Retai l B ldg .600 s .f .3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces05Retail Bldg.600 s.f.3 Spaces DUMPSTER 151718161920242426100 Spaces / Floor26DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces4DUMPSTEROffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 Spaces Office Bldg3,000 s.f. footprint9 Spaces83Office Bldg3,000 s.f. footprint9 Spaces8Office Bldg.1,000 s.f.Footprint3 Spaces45877Office Bldg3,000 s.f. footprint9 Spaces4Office Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg3,000 s.f. footprint9 Spaces 8Office Bldg3,000 s.f. footprint9 Spaces57764Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bl d g. 600 s. f. 3 Spa c e s Retail Bldg . 600 s.f. 3 Spaces 64,176 s.f.FOOTPRINT54 DU/ FLR270 UNITSRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces5Retail Bldg.10,000 s.f.40 Spaces33484581412Retail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesRetail Bldg.600 s.f.3 SpacesRe t a i l B ld g . 5 ,300 s . f . Fo o tp r i n t22 S p a c e s72" HT.IRON FENCE72" HT. STONEPILASTERS36" IRONGATEDUMPSTERDUMPSTERDUMPSTER01020304050709100608Retail Bldg.10,000 s.f.40 Spaces 2185,388 s.f.FOOTPRINT70 DU/ FLR350 UNITSDUMPSTERRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesDUMP S T E R DUMPSTERDUMPSTERDUMPSTERTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMDUMPSTER2572" HT. IRON FENCE 72" HT. STONE PILASTERS 36" IRON GATE1249125617121211121296410Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 Spaces1212126312117121212Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces5DU M P S T E R FIREPITEQUIPOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 SpacesRe t a i l B l d g . 60 0 s . f . 3 S p a c e s Retail Bldg. 600 s.f. 3 SpacesRetai l B ldg .600 s .f .3 SpacesRetail Bldg.600 s.f.3 Spaces242426100 Spaces / F loor26Corp. O f f ice B ldg .27,7 15 s .f . x3Stories = 83 , 145 s . f .238 SpacesCorp. O f f ice B ldg .8,400 s . f . x5 Stor ies =42,000 s . f . 120 SpacesCorp. Of f ice B ldg .9,762 s . f . x5 Stor ies =48,8 10 s . f .139 SpacesCorp. O f f ice B ldg .14,475 s . f . x5 S tor ies =72,375 s . f .207 Spaces17,940 s .f . x2 Stor ies =35,880 s . f . 103 SpacesCorp. O f f ice B ldg .Tota ls :282,210 s . f .806 Spaces 24 24 26 100 Spaces / Floor26Corp. Office Bldg.27,715 s.f. x3Stories = 83,145 s.f.238 Spaces Corp. Office Bldg.8,400 s.f. x5 Stories =42,000 s.f.120 Spaces Corp. Office Bldg.9,762 s.f. x5 Stories =48,810 s.f.139 SpacesCorp. Of f i c e B l d g . 14,475 s.f. x 5 S t o r i e s = 72,375 s.f.207 Spaces17,940 s.f. x2 S t o r i e s = 35,880 s.f.103 SpacesCorp. Office Bldg.Totals:282,210 s.f.806 Spaces MF/ Retail Bldg.Retail:49,617 s.f.198 SpacesMF:148 Units4-story296 Spaces67,056 s.f.Garage200 Spaces/ Floor1,000 Spaces32323434132 Spaces / FloorHotel244,538 s.f.7-story258 Room430 Spaces5-Story MF110 Units220 Spaces85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S 85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S POOL POOL POOL0203050709100205040306Office Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg.1,000 s.f.Footprint3 Spaces01020102030103020405060708091011010203040501020102010101010101010201020105040302031718702601020124350102010202030405010112422101030102030405070609100811121314151617181920UGE UGEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWSSSSSSSSWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFWGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS16' WATER LINEDALLAS NORTH TOLLWAY US 380BNSF R A I L R O A D SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS14001637.950POINT NOT FOUND14002635.706POINT NOT FOUND14003634.822POINT NOT FOUND14004632.769POINT NOT FOUND14006628.096POINT NOT FOUND14017627.752POINT NOT FOUND15" SEWER LINE PER TOWN OFPROSPER WASTEWATERMASTER PLANEX CATCH BASINEX CATCH BASINEX CATCH BASIN75' IRVING WATER LINE ESMT4 - 8'X5'RCBFL: 622.30DRAINAGE ESMTFUTURE SEWER ESMTWATER ESMTSPASPAPOOLSPASPAPOOLEQUIP061521345791012131416171819202122232482627252829303132333435OP1832353535611DOGPARKDOGPARK72" HT. STONEPILASTERS 36" IRONGATE DOGPARKOffic e B l d g 3,000 s . f . f o o t p r i n t 9 Spa c e s AREA AAREA BPERIMETERAREA AAREA ABuilding HeightsAREA A:14 stories / 190 ftAREA B:8 stories / 160 ftPERIMETER:Within 75 ft of off-site single-family-zoned property:2 stories / 40 ft; thereafter 1 ft of additional setbackper 1 ft of height above 40 ftEXHIBIT-J050100150GRAPHIC SCALE IN FEETSCALE: 1" = 100'-0"200July 23, 2026DRAWN BY: GKD142.996 ACRESPROJECT NO: ZONE-26-0009BUILDING HEIGHTS PLANOWNER:GODWIN INVESTMENTS, LTD.MR. DONALD E. GODWIN10348 STRAIT LANEDALLAS, TX 75229214-638-6813APPLICANT:BLACKSTONE COMMUNITIESMR. JEFFORY D. BLACKARD401 ADRIATIC PKWY.McKINNEY, TX 75072214-914-1695Page 189Item 14. 1st Floor24'-0" WIDTH FIRE LANE2nd Floor3rd Floor1st Floor2nd Floor3rd Floor1st Floor2nd Floor3rd Floor4th FloorLAGOON26'-0" WIDTH FIRE LANE15'-0"FIRE DEPT. REQUIREDCLEAR SPACE ATBUILDINGS OVER40' IN HEIGHT1st Floor26'-0" WIDTH FIRE LANE2nd Floor3rd FloorLAGOON6"CURB1st Floor2nd Floor3rd Floor4th FloorLAGOON26'-0" WIDTH FIRE LANE15'-0"FIRE DEPT. REQUIREDCLEAR SPACE ATBUILDINGS OVER40' IN HEIGHT1st Floor2nd Floor3rd Floor5'-0"VARIABLE WIDTH BUILDINGPASSEGGIATAPASSEGGIATA1st Floor2nd Floor3rd Floor4th Floor1st Floor2nd FloorVARIABLE WIDTH CANALMIN. 15'-0"26'-0" WIDTH FIRE LANE1st Floor2nd Floor3rd Floor4th Floor1st FloorVARIABLE WIDTH CANALMIN. 15'-0"26'-0" WIDTH FIRE LANE1st Floor2nd Floor3rd Floor4th FloorVARIABLE WIDTH CANALMIN. 15'-0"26'-0" WIDTH FIRE LANE1st Floor2nd Floor3rd Floor4th Floor4'-0"VARIABLE WIDTHSIDEWALKMIN. 5'-0" WIDE3rd Floor2nd Floor3rd Floor6"CURB6"CURB15'-0"FIRE DEPT. REQUIREDCLEAR SPACE ATBUILDINGS OVER40' IN HEIGHTVARIABLEHEIGHTRETAININGWALL 48" HT. IRON GUARDRAILAT LOCATIONS WHERE THERETAINING WALL EXCEEDS18" HEIGHTPASSEGGIATAPASSEGGIATA26'-0" WIDTH FIRE LANE1st Floor2nd Floor3rd Floor4th Floor5th Floor1st Floor2nd Floor3rd Floor4th Floor5th Floor15'-0"FIRE DEPT. REQUIREDCLEAR SPACE ATBUILDINGS OVER40' IN HEIGHT15'-0"FIRE DEPT. REQUIREDCLEAR SPACE ATBUILDINGS OVER40' IN HEIGHT26'-0" WIDTH FIRE LANE1st Floor2nd Floor3rd Floor4th Floor5th Floor1st Floor2nd Floor3rd Floor4th Floor5th Floor15'-0"FIRE DEPT. REQUIREDCLEAR SPACE ATBUILDINGS OVER40' IN HEIGHT15'-0"FIRE DEPT. REQUIREDCLEAR SPACE ATBUILDINGS OVER40' IN HEIGHT13'-6" CLEAR SKYBRIDGE6"CURB6"CURB6"CURB6"CURB26'-0" WIDTH FIRE LANE1st Floor2nd Floor3rd Floor4th Floor5th Floor1st Floor2nd Floor3rd Floor4th Floor5th Floor15'-0"FIRE DEPT. REQUIREDCLEAR SPACE ATBUILDINGS OVER40' IN HEIGHT6"CURB6"CURB40'-0"RIGHT OF WAY15'-0"FIRE DEPT. REQUIREDCLEAR SPACE ATBUILDINGS OVER40' IN HEIGHT7'-0"8'-0"7'-0"8'-0"THOROUGHFARE AND STREET SECTIONSTYP. R.O.W.SKYBRIDGEMID-RISE TO MID-RISE CORRIDORMID-RISE TO LOW-RISE W/ LOWER SIDEWALKMID-RISE TO LOW-RISE AT PASSEGIATAMID-RISE TO MID-RISE AT PASSEGIATALOW-RISE TO LOW-RISE CORRIDORMID-RISE TO PASSEGIATA/ LAGOONLOW-RISE TO PASSEGIATA/ LAGOONHI-RISE TO MID-RISE/ LAGOONEX-KJuly 23, 2026DRAWN BY: GKD142.996 ACRESPROJECT NO: ZONE-26-0009THOROUGHFARE AND STREET SECTIONSOWNER:GODWIN INVESTMENTS, LTD.10348 STRAIT LANEDALLAS, TX 75229214-638-6813APPLICANT:BLACKSTONE COMMUNITIES401 ADRIATIC PKWY.McKINNEY, TX 75072214-914-1695Page 190Item 14. HOTEL856585HC6666667065HC6666666670140 chapel bythe seaOffice Bldg.10,000 s.f.Footprint2-story58 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces414667Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg 3,000 s.f. footpr i n t 9 Spaces DUMPSTER 10Office Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.2,000 s.f. Footprint6 Spaces7214667Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces15 5DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces10161519Office Bldg3,000 s.f. footprint9 Spaces0112131415161817201904060811Harbor Master1,330 s.f. Footprint2 StoryOf f i c e B l d g . 10 ,000 s . f . F oo t p r i n t 2 - s t o r y 58 S p a c e sOffice Bldg3,000 s.f. footprint9 SpacesOffice Bl dg. 2,00 0 s.f. F o otprint 6 Spac esOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg3,000 s.f. footprint9 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 Spaces1101020304050709100608Office B l d g . 1,000 s . f . Footpri n t 3 Space s Office Bldg.2,000 s.f. Footprint6 SpacesDUMPSTER988413453497LOT-01014Office Bldg.2,000 s.f. Footprint6 SpacesFIREPITSPASPARetail Bldg.7,500 s.f. Footprint30 Spaces Retail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces Retail Bldg.600 s.f.3 SpacesRetail Bldg.11,200 s.f.45 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.21,450 s.f.86 Spaces Retail Bldg.13,750 s.f.55 SpacesRetail Bldg.10,000 s.f.40 SpacesRetail Bldg.30,000 s.f.120 Spaces01020304 070910060811121314131920262626262626262626262625226369991013228163DUMPSTER Retai l B ldg .600 s .f .3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces05Retail Bldg.600 s.f.3 Spaces DUMPSTER 151718161920242426100 Spaces / Floor26DUMPSTEROffice Bldg3,000 s.f. footprint9 Spaces4DUMPSTEROffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 Spaces Office Bldg3,000 s.f. footprint9 Spaces83Office Bldg3,000 s.f. footprint9 Spaces8Office Bldg.1,000 s.f.Footprint3 Spaces45877Office Bldg3,000 s.f. footprint9 Spaces4Office Bldg.4,000 SF Footprint12 spacesOffice Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg3,000 s.f. footprint9 Spaces 8Office Bldg3,000 s.f. footprint9 Spaces57764Retail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bl d g. 600 s. f. 3 Spa c e s Retail Bldg . 600 s.f. 3 Spaces 64,176 s.f.FOOTPRINT54 DU/ FLR270 UNITSRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 Spaces5Retail Bldg.10,000 s.f.40 Spaces33484581412Retail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.5,300 s.f. Footprint22 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesRetail Bldg.600 s.f.3 SpacesRe t a i l B ld g . 5 ,300 s . f . Fo o tp r i n t22 S p a c e s72" HT.IRON FENCE72" HT. STONEPILASTERS36" IRONGATEDUMPSTERDUMPSTERDUMPSTER01020304050709100608Retail Bldg.10,000 s.f.40 Spaces 2185,388 s.f.FOOTPRINT70 DU/ FLR350 UNITSDUMPSTERRetail Bldg.600 s.f.3 SpacesRetail Bldg.600 s.f.3 SpacesRetail Bldg.7,500 s.f. Footprint30 SpacesRetail Bldg.1,000 s.f.Footprint4 SpacesDUMP S T E R DUMPSTERDUMPSTERDUMPSTERTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMTH-1TH-1TH-1TH-1TH-1TH-1GARAGEGARAGEGARAGEGARAGEGARAGEGARAGEFIRE RISERROOMDUMPSTER2572" HT. IRON FENCE 72" HT. STONE PILASTERS 36" IRON GATE1249125617121211121296410Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg3,000 s.f. footprint9 Spaces1212126312117121212Office Bldg.2,000 s.f. Footprint6 SpacesOffice Bldg.2,000 s.f. Footprint6 Spaces5DU M P S T E R FIREPITEQUIPOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg.4,000 SF Footprint12 spacesOffice Bldg3,000 s.f. footprint9 SpacesRe t a i l B l d g . 60 0 s . f . 3 S p a c e s Retail Bldg. 600 s.f. 3 SpacesRetai l B ldg .600 s .f .3 SpacesRetail Bldg.600 s.f.3 Spaces242426100 Spaces / F loor26Corp. O f f ice B ldg .27,7 15 s .f . x3Stories = 83 , 145 s . f .238 SpacesCorp. O f f ice B ldg .8,400 s . f . x5 Stor ies =42,000 s . f . 120 SpacesCorp. Of f ice B ldg .9,762 s . f . x5 Stor ies =48,8 10 s . f .139 SpacesCorp. O f f ice B ldg .14,475 s . f . x5 S tor ies =72,375 s . f .207 Spaces17,940 s .f . x2 Stor ies =35,880 s . f . 103 SpacesCorp. O f f ice B ldg .Tota ls :282,210 s . f .806 Spaces 24 24 26 100 Spaces / Floor26Corp. Office Bldg.27,715 s.f. x3Stories = 83,145 s.f.238 Spaces Corp. Office Bldg.8,400 s.f. x5 Stories =42,000 s.f.120 Spaces Corp. Office Bldg.9,762 s.f. x5 Stories =48,810 s.f.139 SpacesCorp. Of f i c e B l d g . 14,475 s.f. x 5 S t o r i e s = 72,375 s.f.207 Spaces17,940 s.f. x2 S t o r i e s = 35,880 s.f.103 SpacesCorp. Office Bldg.Totals:282,210 s.f.806 Spaces MF/ Retail Bldg.Retail:49,617 s.f.198 SpacesMF:148 Units4-story296 Spaces67,056 s.f.Garage200 Spaces/ Floor1,000 Spaces32323434132 Spaces / FloorHotel244,538 s.f.7-story258 Room430 Spaces5-Story MF110 Units220 Spaces85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S 85,388 s . f . FOOTP R I N T 70 DU/ F L R 350 UNI T S POOL POOL POOL0203050709100205040306Office Bldg.1,000 s.f.Footprint3 SpacesOffice Bldg.1,000 s.f.Footprint3 Spaces01020102030103020405060708091011010203040501020102010101010101010201020105040302031718702601020124350102010202030405010112422101030102030405070609100811121314151617181920UGE UGEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIB FIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWWSSSSSSSSWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWWW W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W SSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFWGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS16' WATER LINE628 629630630631633634635636637638 6 3 9639640641642 640 641 629629634635627628629 630631 632 633 63 4 635 63 6 637 638639640 640641 642DALLAS NORTH TOLLWAY US 380BNSF R A I L R O A D628637638636636637 SSSSSSSSSSSSSS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SS SSSSWWWWWWWWWW WW>>>>>>>>>>>>>>>>>>>>>>>>>>>SSFFGGSOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBFIBWWWWWWWWWWWWGAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS GAS14001637.950POINT NOT FOUND14002635.706POINT NOT FOUND14003634.822POINT NOT FOUND14004632.769POINT NOT FOUND14006628.096POINT NOT FOUND14017627.752POINT NOT FOUND15" SEWER LINE PER TOWN OFPROSPER WASTEWATERMASTER PLANEX CATCH BASINEX CATCH BASINEX CATCH BASIN75' IRVING WATER LINE ESMT4 - 8'X5'RCBFL: 622.30DRAINAGE ESMTFUTURE SEWER ESMTWATER ESMTSPASPAPOOLSPASPAPOOLEQUIP061521345791012131416171819202122232482627252829303132333435OP1832353535611DOGPARKDOGPARK72" HT. STONEPILASTERS 36" IRONGATE DOGPARKOffic e B l d g 3,000 s . f . f o o t p r i n t 9 Spa c e s PLANNINGAREA 1PLANNINGAREA 2PLANNINGAREA 4PLANNINGAREA 3PLANNINGAREA 5Planning AreasPLANNING AREA 1Tollway / 380 Frontage1,250,962 S.F.28.7 Acres20%The employment and hospitality frontage along the Dallas North Tollwayand U.S. 380, accommodating office, a hotel, and structured parking, withthe landscaped tollway edge required by the DNT Standards. Multifamily isset back from the Tollway frontage under B-5.2, reserving the frontage foroffice and hospitality.PLANNING AREA 2Village Core:487,694 S.F.11.2 Acres8%The mixed-use core at the lagoon, containing the public square, theperforming arts venue, a hotel, canals, and a passeggiata, with ground-floorretail and the development’s tallest building and tower elements.PLANNING AREA 3Waterfront / Neighborhood:2,776,096 S.F.63.7 Acres45%.High-and mid-rise residential addressing the lagoon, at the highestresidential densities in the development.PLANNING AREA 4Mercato:643,543 S.F.14.8 Acres10%Lower-intensity residential comprising villas, townhomes, and flats, togetherwith live - work units and neighborhood-serving retail.PLANNING AREA 5Open Space / Lagoon:1,061,214 S.F.24.4 Acres17%The lagoon and its promenade, canals, and perimeter trail, serving as thedevelopment’s central open space and as regional stormwater detention.050100150GRAPHIC SCALE IN FEETSCALE: 1" = 100'-0"200July 23, 2026DRAWN BY: GKD142.996 ACRESPROJECT NO: ZONE-26-0009PLANNING AREASEXHIBIT-MOWNER:GODWIN INVESTMENTS, LTD.MR. DONALD E. GODWIN10348 STRAIT LANEDALLAS, TX 75229214-638-6813APPLICANT:BLACKSTONE COMMUNITIESMR. JEFFORY D. BLACKARD401 ADRIATIC PKWY.McKINNEY, TX 75072214-914-1695Page 191Item 14. The Marco Overview: The Marco brings a bit of Italy to Prosper with a lagoon at its core serving as regional stormwater detention and flowing from it are navigable canals. Along the Dallas North Tollway and University Drive, high-rise and mid-rise buildings will house office, retail and hospitality uses. The design features a public square, performing arts venue, hotel, and ground floor retail at the core of the development and along the water. Residential components will include multifamily and condominium structures, lower-intensity neighborhood of villas, townhomes, flats, and an age-restricted enclave. It is anticipated that the development will be able to provide one million square feet of office space, up to two hotels, a performing arts venue, a grocer and market hall, village retail and services, and a premium mixed residential population. Page 192 Item 14. Aerial View Page 193 Item 14. Zoning Map Page 194 Item 14. Future Land Use Plan Page 195 Item 14. Conceptual Development Plan Page 196 Item 14. Phasing Plan Page 197 Item 14. Planning Area Name Base Zoning Acres (+/-) Primary Program % PA -1 Tollway/ 380 Frontage Commercial 24.5 Office, corporate campus, structured parking 17 PA -2 Village Core Commercial 11.2 Mixed-Use; Lagoon, square, performing arts venue, hotel retail 8 PA -3 Waterfront/ Neighbor- hood Multifamily 59.5 High-and mid-rise residential at the Lagoon 41 PA -4 Mercato Multifamily 12.3 Retail-forward market square with surrounding residential 9 PA -5 Open Space/ Lagoon Commercial 24.4 Lagoon, Passeggiata, trails, regional detention 17 Planning Areas Page 198 Item 14. •Mid-Rise Flats are limited to 2,500 units •High-Rise Residential (condominium or multifamily, more than five stories) are limited to 400 units. •Retirement / Age-Restricted Housing is limited to 500 units. •Villas, Townhomes, Cottages, Court Homes, and Live-Work Units are together limited to 1,000 units. •The maximums stated for residential types other than Mid-Rise Flats may be adjusted among those types at Preliminary Site Plan, provided that Mid-Rise Flats do not exceed 2,500 units and the total number of dwelling units on the Property does not exceed 4,400 units. •A maximum of two hotels is permitted. Maximum Dwelling Units by Type Page 199 Item 14. Unit-mix limits: studio and one-bedroom dwellings shall not exceed 70% and three-bedroom dwellings shall not exceed 10% of total dwellings. Residential Building Type Standards Page 200 Item 14. Open Space Page 201 Item 14. Building Heights Page 202 Item 14. Page 203 Item 14. Page 204 Item 14. Page 205 Item 14. Page 206 Item 14. Page 207 Item 14. Page 208 Item 14. Fire Code Compliance: Full compliance with the Town Fire Code is required and will be reviewed during the Preliminary Site Plan and Site Plan submissions. Fire equipment and access to the lake will need to be provided and may require dedicated fire related buildings at dock location and through the development. Zoning does not include compliance with Town Fire Code, nor does it include fire hydrants, and fie lane layout. 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 exhibits. Fire equipment and access to the lake will need to be provided and may include dedicated fire related buildings at a dock(s) location and throughout the development at locations and types to be determined. Page 209 Item 14. Engineering Standard Compliance: The conceptual layout generally depicts intent, but the final layout shall be determined at the time of Preliminary Site Plan and meet all Town requirements, including Engineering Design Standards and all applicable standards listed throughout the Unified Development Code. In addition, all other local, state, and federal regulations as it relates to the floodplain and waters of the U.S., or other, shall be adhered. The conceptual layout generally depicts intent, but final layout shall be determined at time of Preliminary Site Plan, and shall meet all Town requirements including, but not limited to, ALL Engineering Code Requirements. Engineering Design Standards as it relates to driveway spacing, throat depth and turn lane requirements, standard Town Landscape requirements if not otherwise defined in Exhibit C (Development Standards), and all development standards listed throughout the Town Zoning Ordinance also if not otherwise defined in Exhibit C. In addition, all other local, state, and federal regulations as it relates to the floodplain and waters of the US, other shall be adhere. There are no vested rights with the approval of the layout of this zoning case depicted in Exhibit D. Page 210 Item 14. Recommendation Noticing: •Friday, September 4th •No Response Town Recommendation: •Town Staff recommends approval of the Planned Development. Planning and Zoning Commission Recommendation: •On August 18, 2026, the Commission approved the item by a vote of 4-2. Page 211 Item 14. Page 1 of 2 To: Mayor and Town Council From: Colin Ashby, Budget Officer & Grant Administrator Through: Mario Canizares, Town Manager Bob Scott, Deputy Town Manager Chris Landrum, Finance Director Re: Solid Waste Fund FY 2025 – 2026 Budget Amendment Town Council Meeting – September 22, 2026 Strategic Visioning Priority: Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance amending Ordinance No. 2026-41 (FY 2025-2026 Annual Budget). (CL) Description of Agenda Item: The proposed ordinance is amending the Solid Waste Fund Budget for the FY 2025-2026 Budget. In the FY 2025-2026 budget development, the allowed contract increase was not accounted for and in March, Republic Inc. increased their billing by 5%, the maximum allowed in their contract. Solid Waste billing occurs for the prior period each month and forecasting was not accurate to account for the 5% increase and the growth in accounts during the FY 2025-2026 Midyear budget development. This amendment will account for the remaining expenses through the end of FY 2025-2026, which are rate supported and will be recouped during monthly utility billing. Budget Impact: The Solid Waste Fund expenditures will increase by $260,000 in FY 2025-2026. However, the revenue budget was accounted for appropriately in the FY 2025-2026 Amended Budget. Revenues are driven from billing tied to the cost of the Solid Waste Management contract with Republic Inc. 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. Exhibit A FINANCE Page 212 Item 15. Page 2 of 2 Town Staff Recommendation: Town Staff recommends approval of amending Ordinance No. 2026-41 (FY 2025-2026 Annual Budget) to provide funding for increased expenditures in the Solid Waste Fund. Proposed Motion: I move to approve amending Ordinance No. 2026-41 (FY 2025-2026 Annual Budget) to provide funding for increased expenditures in the Solid Waste Fund. Page 213 Item 15. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-XX AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 2026-41 (FY 2025-2026 BUDGET) TO FUND INCREASED EXPENDITURES OF $260,000 IN THE SOLID WASTE FUND BUDGET AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 2026-41 (FY 2025-2026 Budget) for the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, the changes will result in budgeted funds being allocated. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to Ordinance No. 2026-41 (FY 2025-2026 Budget). Ordinance No. 2026-41 (FY 2025- 2026 Budget) is hereby amended to allow for increases to appropriations as shown in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but 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 4 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, 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 5 Effective Date. This Ordinance shall become effective immediately upon its passage. Page 214 Item 15. Ordinance 2026-XX, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 22ND DAY OF SEPTEMBER, 2026. TOWN OF PROSPER, TEXAS _______________________________ David F. Bristol, Mayor ATTEST TO: _____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________________ Terrence S. Welch, Town Attorney Page 215 Item 15. ANNUAL FUNDS AMENDED BUDGET 2025-2026 CHANGES FINAL AMENDED 2025-2026 GENERAL FUND 64,883,355$ -$ 64,883,355$ WATER/SEWER FUND 45,972,325 -$ 45,972,325$ DEBT SERVICE (I&S)21,709,180 -$ 21,709,180$ TIRZ # 1 6,483,373 -$ 6,483,373$ TIRZ # 2 184,122 -$ 184,122$ CRIME CONTROL AND PREVENTION SPECIAL PURPOSE DISTRICT 3,511,755 -$ 3,511,755$ FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES SPECIAL PURPOSE DISTRICT 3,512,955 -$ 3,512,955$ PARK DEDICATION/IMPROVEMENT 2,150,000 -$ 2,150,000$ IMPACT FEES 18,712,229 -$ 18,712,229$ SPECIAL REVENUE 1,054,060 -$ 1,054,060$ HOTEL OCCUPANCY TAX FUND - -$ -$ STORM DRAINAGE 1,395,902 -$ 1,395,902$ SOLID WASTE 4,094,356 260,000$ 4,354,356$ VERF 2,808,199 -$ 2,808,199$ HEALTH INSURANCE TRUST 7,240,659 -$ 7,240,659$ 183,712,470$ 260,000$ 183,972,470$ GRAND TOTAL OF ANNUAL FUNDS EXHIBIT A Summary of Budget Book Totals Ord 26-xx Page 216 Item 15. Page 1 of 2 To: Mayor and Town Council From: Mary Branch, RS, Health & Code Compliance Manager Through: Mario Canizares, Town Manager Robyn Battle, Executive Director Re: Property Maintenance Ordinance Amendment Town Council Meeting – September 22, 2026 Strategic Visioning Priority: 4. Provide Excellent Municipal Services Agenda Item: Consider and act upon an ordinance repealing existing Article 6.03, "Maintenance of Property," of the Town’s Code of Ordinances and replacing it with a new Article 6.03, "Maintenance of Property," related to solid waste collection; regulation of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter; and notice of violation for abatement purposes. Description of Agenda Item: The proposed amendments clarify and strengthen property maintenance standards, improve enforcement procedures, and support the Town's efforts to protect public health, safety, and welfare. Changes include strengthening the Town’s requirement to use Republic Services for solid waste collection, and enhanced regulation of property maintenance standards. Budget Impact: The ordinance may result in the recovery of a portion of abatement and administrative costs through assessed fees. Any additional revenue is expected to be minimal and will be absorbed within the adopted budget. 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. Ordinance – Redline Version Town Staff Recommendation: Town Staff recommends that the Town Council approve an ordinance repealing existing Article 6.03, "Maintenance of Property," of the Town’s Code of Ordinances and replacing it with a new Article 6.03, "Maintenance of Property," related to solid waste collection; regulation of weeds, CODE COMPLIANCE Page 217 Item 16. Page 2 of 2 rubbish, brush, and other objectionable, unsightly, or unsanitary matter; and notice of violation for abatement purposes. Proposed Motion: I move to approve an ordinance repealing existing Article 6.03, "Maintenance of Property," of the Town’s Code of Ordinances and replacing it with a new Article 6.03, "Maintenance of Property," related to solid waste collection; regulation of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter; and notice of violation for abatement purposes. Page 218 Item 16. TOWN OF PROSPER, TEXAS ORDINANCE NO. 2026-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REPEALING EXISTING ARTICLE 6.03, “MAINTENANCE OF PROPERTY,” OF THE TOWN’S CODE OF ORDINANCES AND REPLACING IT WITH A NEW ARTICLE 6.03, “MAINTENANCE OF PROPERTY,” RELATED TO SOLID WASTE COLLECTION; REGULATION OF WEEDS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE, UNSIGHTLY, OR UNSANITARY MATTER; AND NOTICE OF VIOLATION FOR ABATEMENT PURPOSES; MAKING FINDINGS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS, AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the "Town Council"), has investigated and determined that Article 6.03 of the Town’s Code of Ordinances should be amended. 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 Article 6.03, “Maintenance of Property,” of the Town’s Code of Ordinances is hereby repealed and replaced with a new Article 6.03, “Maintenance of Property,” to read as follows: * * * “Article 6.03 – Maintenance of Property 6.03.001. Definitions. (a) For the purposes of this article, the following terms shall have the following definitions: Agricultural property means property, whether cultivated or uncultivated, that has been granted a property tax exemption, by the county central appraisal district, or equivalent authority, pursuant to the Texas Property Tax Code or Texas Constitution, for agricultural land. Brush means scrub vegetation or dense undergrowth. Carrion means dead and putrefying flesh of any animal, fowl, or fish. Filth means any matter in a putrescent state. Garbage means decayable waste, including, but not limited to, vegetable, animal and fish offal, animal and fish carcasses. Impure or unwholesome matter means a putrescible or nonputrescible condition, object or matter which tends, may, or could produce injury, death, illness or disease to human Page 219 Item 16. Ordinance 2026-xx, Page 2 beings. Junk means all worn out, worthless, or discarded material, including, but not limited to, old iron or other metal, glass, and cordage. Objectionable, unsightly, or unsanitary matter means any matter, condition, or object which is or should be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities. Occupant means any person claiming or having possessory control of any property. Owner means a person having record title to real property. Person means any individual, firm, partnership, association, business, corporation, or other entity. Refuse means a heterogeneous accumulation of worn out, used up, broken, rejected, or worthless materials and includes, but is not limited to, garbage, rubbish, paper, or litter and other decayable or nondecayable waste. Rubbish means trash, debris, rubble, stone, useless fragments of building materials, or other miscellaneous useless waste or rejected matter. Sidewalk means that portion of a dedicated right-of-way or easement improved and intended for pedestrian use only. Trash and debris means mounds of dirt; piles of leaves, grass, and weed clippings; paper trash; useless fragments of building materials; rubble; furniture other than furniture designed for outdoor use; useless household items and appliances; items of salvage, such as scrap metal and wood; old barrels; old tires; objects that hold water for an extended period of time; tree and brush trimmings; and other miscellaneous wastes or rejected matter. Weeds means vegetation that because of its height is objectionable, unsightly, or unsanitary, but excluding shrubs, bushes, and trees, cultivated flowers, and cultivated crops. (b) Any word not defined herein shall be defined in the context used and by ordinary interpretation. 6.03.002. Solid waste collections, household hazardous waste, and recycling services mandatory; fees. (a) All persons, companies, corporations, businesses, residential, industrial and commercial establishments within the town shall be required to use the solid waste disposal and recycling services provided by the town; all single-family residential accounts receiving monthly bills for solid waste services shall be required to use the household hazardous waste services provided by the town, and pay the solid waste collection, recycling, and household hazardous waste charges as established by Appendix A to this Code. (b) Solid waste and recycling materials shall be collected in the town by one (1) or more contractors which shall operate under a franchise agreement or permit granted by the town. (c) The town shall be the sole provider of solid waste collection, including temporary roll-off open top construction containers, residential and multifamily recycling services. Page 220 Item 16. Ordinance 2026-xx, Page 3 (d) It shall be unlawful for any person, business, company or corporation to engage in the business of solid waste collection removal and transport in the town without first having obtained a franchise agreement or permit therefor from the town. 6.03.003. Regulation of weeds, rubbish, brush, and other objectionable, unsightly, or unsanitary matter. (a) The owner or occupant of any property or a portion thereof, occupied or unoccupied, shall not keep, store, allow, maintain, permit, or accumulate upon any property any refuse, trash and debris, stagnant water, filth, carrion, junk, garbage, impure or unwholesome matter, or objectionable, unsightly, or unsanitary matter that: (1) Is visible from a street or alley; (2) Creates or may create an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease carrying pests; or (3) Emits a noxious odor. (b) The owner or occupant of any property or a portion thereof, occupied or unoccupied, within the town, shall not allow, maintain, or permit upon any property grass, weeds, brush, or other unsightly vegetation to grow thereon to a height greater than 12 inches. Such property shall include the area between the property and the curb or edge of pavement of any adjacent street or alley. With respect to uncultivated or agricultural properties, the owner or occupant of such property shall be required to maintain grass, weeds, brush, or other unsightly vegetation to a height less than 12 inches only within 10 feet of any adjacent public sidewalk, street, or highway, and in accordance with Section 251.0055 of the Texas Agriculture Code, as amended. (c) A violation of this section 6.03.002 is hereby declared to be a nuisance if it exists within the corporate limits of the town or within 5,000 feet of such limits. It shall further be unlawful for a person who owns, manages, or controls a property to allow such property to be used in a manner that violates this section. 6.03.004. Notice of Violation for Abatement Purposes (a) In the event that any owner, occupant, or person in control of any property, occupied or unoccupied, within the town, fails to comply with the requirements of section 6.03.002 of this article, the Town shall give notice of the violation to the property owner as follows, prior to initiating abatement: (1) Personally to the owner in writing; (2) By letter addressed to the owner at the owner's address as recorded in the appraisal district records of the appraisal district in which the property is located; or (3) If personal service cannot be obtained: (A) By publication at least once in the Town’s official newspaper; (B) By posting the notice on or near the front door of each building on the property to which the violation relates; or (C) By posting the notice on a placard attached to a stake driven into the ground on Page 221 Item 16. Ordinance 2026-xx, Page 4 the property to which the violation relates. (b) If the town mails a notice to the property owner in accordance with subsection (a) and the United States Postal Service returns the notice as "refused," "unclaimed" or if the address required by subsection (a)(2) was used and the notice is returned as "not deliverable as addressed" (or an equivalent marking), the validity of the notice is not affected, and the notice is considered as delivered. (c) The owner or occupant of any property or a portion thereof, occupied or unoccupied, within the town, shall not allow, maintain, or permit upon any sidewalk or curb associated with such property any grass, weeds, brush, or other unsightly vegetation to grow thereon or onto a sidewalk or curb. The sidewalk shall remain passable, and the owner shall be responsible for mowing, edging and/or removing the grass, weeds, brush, or unsightly vegetation on any sidewalk so as not to create an unsightly appearance or impede safe passage upon sidewalks by those residents who traverse the sidewalks. (d) The gutter associated with any curb associated with such property shall remain passable for the flow or passage of water, and the owner shall be responsible for mowing, edging and/or removing the grass, weeds, brush, or unsightly vegetation on any curb so as not to create an unsightly appearance or impede the flow or passage of water into any gutter associated with such property. (e) In a notice provided under this section, the town may inform the owner in accordance with subsection (a) that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the town, without further notice, may correct the violation by initiating abatement at the owner's expense and assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the town has not been informed in writing by the owner of an ownership change, then the town may, without notice, take any action permitted in this article and assess its expenses as provided in this article. (f) If the owner or occupant of a property does not comply with the requirements of this article within seven days of notice of violation, the town may: (1) Issue a citation to the owner or occupant for every day that the violation continues to exist; and/or (2) Do the work or make the improvements required to abate the violation; and/or (3) Pay for the work done or the improvements made and charge the expenses to the owner of the property. (g) In the event that the Town must do the work or make the improvements required to abate any violation or pay for the work done or the improvements made, the Town may impose an Abatement Administrative Fee, as set forth in the Fee Schedule, Appendix A, to the Town's Code of Ordinances, as amended. 6.03.005. Assessment and collection of expenses for work done or improvements made by town. (a) The town may assess expenses incurred under this article against the property on which the work is done or improvements made. Page 222 Item 16. Ordinance 2026-xx, Page 5 (b) In the event that the owner fails or refuses to pay the expense incurred under § 6.03.003(d) within 30 days after the first day of the month following the month in which the work was done, the Town Administrator or his/her designee shall obtain a lien against the property by filing a statement of expenses incurred in abating the violation with the County Clerk [of the county] in which the subject property is located. The statement must also state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the statement with the County Clerk. (c) The lien is security for the expenditures made and interest accruing at the rate of ten percent per annum on the amount due from the date of payment by the town. (d) The town's lien shall be privileged and shall be inferior only to tax liens and liens for street improvements. (e) The town may bring a suit for foreclosure in the name of the town to recover the expenditures and interest due. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the town in doing the work or making the improvements. (f) The remedy provided by this section is in addition to the remedy provided by § 6.03.006 below. 6.03.006. Authority to immediately abate dangerous weeds. (a) Notwithstanding any of the foregoing sections, the town may abate, without notification, weeds that: (1) Have grown higher than 48 inches; and (2) Are an immediate danger to the health, life, or safety of any person. (b) The town must give notice, in the manner provided in § 6.03.003, to the property owner no later than the tenth day after the date the town abates weeds under this section. The notification shall contain: (1) An identification, which is not required to be a legal description, of the property; (2) A description of the violation(s) of this article that occurred on the property; (3) A statement that the town abated the weeds; and (4) An explanation of the property owner's rights to request an administrative hearing regarding the town's abatement of the weeds. (c) The town, by and through its Town Administrator or his/her designee, shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the owner files a written request for a hearing with the town. (d) The town shall conduct the administrative hearing not later than the 20th day after the date a request for hearing is filed. At the administrative hearing, the owner may testify or present any witnesses or written information relating to the town's abatement of the weeds. (e) The town may assess expenses and create liens under this section in the same manner Page 223 Item 16. Ordinance 2026-xx, Page 6 and subject to the same conditions as set forth in § 6.03.004 above. (f) The authority granted the town by this section is in addition to the authority granted by § 6.03.003. 6.03.007. Penalty for violation. Any person, firm, corporation or business entity violating this article, or as amended, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided in § 1.01.009 of this Code. Each continuing day's violation under this article shall constitute a separate offense. The penal provisions imposed under this section shall not preclude the town from filing suit to enjoin the violation. The town retains all legal rights and remedies available to it pursuant to local, state and federal law. * * *” SECTION 3 Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. 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, and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Any person, firm, corporation, or business entity violating this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine not to exceed the sum of two thousand dollars ($2,000.00), and each and every day such violation shall continue shall constitute a separate offense. SECTION 6 This Ordinance shall become effective after its adoption and publication as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 22nd DAY OF SEPTEMBER, 2026. ___________________________________ David F. Bristol, Mayor Page 224 Item 16. Ordinance 2026-xx, Page 7 ATTEST: ____________________________________ Michelle Lewis Sirianni, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 225 Item 16. Page 226 Item 16. Page 227 Item 16. Page 228 Item 16. Page 229 Item 16. Page 230 Item 16. Page 231 Item 16.