02.12.19 Town Council Regular Meeting PacketPage 1 of 3
]
Prosper is a place where everyone matters.
AGENDA BRIEFING – EXECUTIVE CONFERENCE ROOM
1. Call to Order/Roll Call.
2. Questions about items listed on the Regular Meeting Agenda.
3. Discussion Items:
• Downtown Festival Update (DR)
• Mobile Food Truck Park Policy (DR)
THE REGULAR TOWN COUNCIL MEETING CONVENES IN COUNCIL CHAMBERS
IMMEDIATELY FOLLOWING THE AGENDA BRIEFING
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of recent and upcoming events.
4. 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.)
4a. Consider and act upon minutes from the following Town Council meeting. (RB)
• Regular Meeting – January 22, 2019
• Special Meeting – January 30, 2019
4b. Consider and act upon an ordinance ordering a General Election to be held on
May 4, 2019, and authorizing the Town Manager to execute contracts with the
Collin County Election Administration, the Denton County Election Administration,
and the Prosper Independent School District for joint election services. (RB)
4c. Conduct a Public Hearing, and consider and act upon a request for a Specific Use
Permit for a Wireless Communication and Support Structure, on 0.5± acre, located
in Frontier Park, on the south side of Frontier Parkway, south and west of Stadium
Drive. (S18-0007). (AG)
AGENDA
Agenda Briefing and Regular Meeting of the
Prosper Town Council
Prosper Town Hall
200 S. Main Street, Prosper, Texas
Tuesday, Febraury 12, 2019
5:45 p.m.
Page 2 of 3
4d. Consider and act upon authorizing the Town Manager to execute a Tower Site
Lease Agreement by and between the Town of Prosper, Texas, and New Cingular
Wireless PCS, LLC, for the lease of Town property, generally located at 1551
Frontier Parkway in Frontier Park, for a cell tower. (CS)
4e. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between the Town of Prosper, Texas, and Lakes of Legacy LLC.,
related to early issuance of building permits for the Lakes of Legacy, Phase 1
development. (DH)
4f. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department, pursuant
to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance,
regarding action taken by the Planning & Zoning Commission on any Site Plan or
Preliminary Site Plan. (AG)
5. 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
Meeting Appearance Card” and present it to the Town Secretary prior to the meeting.
REGULAR AGENDA:
If you wish to address the Council during the regular agenda portion of the meeting, please
fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to
the meeting. Citizens wishing to address the Council for items listed as public hearings
will be recognized by the Mayor. Those wishing to speak on a non-public hearing related
item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town
Council.
ITEMS FOR INDIVIDUAL CONSIDERATION:
6. Conduct a Public Hearing, and consider and act upon an ordinance rezoning a portion of
Planned Development-3-Single Family (PD-3-SF) to Planned Development-Office (PD-
O), on 12.9± acres, located south of Prosper Trail, west of Cook Lane, to allow for the
development of a Town Public Safety Facility. (Z18-0018). (AG)
7. Discussion on Public Safety Complex Phase 1 (Police Station and Dispatch) Facility. (DK)
8. Consider and act upon a request for a Subdivision Waiver for lots without road frontage
for Prosper Commons, Block B, Lots 11 and 12, on 4.6± acres, located on the west side
of Coit Road, north of US 380. The property is zoned Planned Development-2 (PD-2).
(D18-0122). (AG)
9. 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:
9a. Section 551.087 – To discuss and consider economic development incentives.
Page 3 of 3
9b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of
real property for municipal purposes and all matters incident and related thereto.
9c. Section 551.074 – To discuss and review the Town Manager’s performance
evaluation.
10. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
12. Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall,
located at 200 S. Main Street, Prosper, Texas 75078, a place convenient and readily accessible to the
general public at all times, and said Notice was posted by 5:00 p.m., on Friday, February 8, 2019, and
remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569-
1011 at least 48 hours prior to the meeting time.
Page 1 of 4
]
Prosper is a place where everyone matters.
AGENDA BRIEFING
1.Call to Order/Roll Call.
The meeting was called to order at 5:45 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Mike Korbuly
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Town Secretary/PIO
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Pete Anaya, Deputy Director of Engineering Services
Dudley Raymond, Parks and Recreation Director
Leslie Scott, Director of Library Services
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Leigh Johnson, IT Director
Doug Kowalski, Police Chief
2.Questions about items listed on the Regular Meeting Agenda.
No discussion was held on this item.
3.Discussion Items:
•Discussion on Subgrade Standards (PA)
Deputy Director of Engineering Services Pete Anaya briefed the Council on proposed
changes to the Town’s engineering manual for pavement and subgrade design
requirements. The purpose of the proposed changes is to adopt guidelines and
parameters for road construction in order to avoid potential road failures similar to the
ones experience in the Windsong Ranch development. Mr. Anaya reviewed the
proposed changes to pavement and subgrade design standards for residential streets
MINUTES
Meeting of the Prosper Town Council
Prosper Town Hall
Council Chambers
200 S. Main Street
Prosper, TX 75078
Tuesday, January 22, 2019
Item 4a(i)
Page 2 of 4
and major thoroughfares. A proposed ordinance will be brought forward for Council
consideration at the February 26, 2019, Town Council meeting.
The Agenda Briefing was adjourned at 5:58 p.m.
THE REGULAR TOWN COUNCIL MEETING CONVENED IMMEDIATELY FOLLOWING THE
MEETING OF THE TOWN OF PROSPER TAX INCREMENT REINVESTMENT ZONE (TIRZ)
NO. 1 BOARD OF DIRECTORS AND TIRZ NO. 2 BOARD OF DIRECTORS.
1. Call to Order/Roll Call.
The meeting was called to order at 6.36 p.m.
2. Announcements of recent and upcoming events.
Councilmember Craig Andres read the following announcements:
The Community Library is hosting “Family Movie Saturday” on January 26 at 10:00 a.m.
and 1:00 p.m. in the Program Room. All ages are welcome to join us for a family-friendly
movie.
The 10th Annual Prosper Fishing Derby will take place on Saturday, February 23, from
9:00-11:00 a.m. at Frontier Park. The pond will be stocked, and no fishing license is
necessary. Prizes will be awarded in various categories to kids under the age of 14. More
information is available on the Town website.
The Prosper Police Department is now accepting applications for the Prosper Citizens
Police Academy. Starting on March 7, classes will meet every Thursday evening from
7:00-10:00 p.m. through May 16. For more information, contact Officer Erin Hubbard.
CWD is the Town’s new provider for trash and recycling services. New trash and recycling
carts will be delivered to residents this week, and pickup service begins on January 28.
Informational brochures will be delivered to residents with their new carts, and with their
monthly utility bills. More information is available on the Town website, or by calling CWD
Customer Service.
3. Presentations.
• Presentation of a Proclamation declaring February 2019 as Congenital Heart
Defect Awareness Month. (RB)
Mayor Smith presented the Proclamation to Melissa Hansen of Mended Little Hearts
of Dallas.
4. 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.)
4a. Consider and act upon minutes from the following Town Council meeting.
(RB)
• Regular Meeting – January 8, 2019
Item 4a(i)
Page 3 of 4
4b. Receive the October Financial Report (KN)
4c. Consider and act upon Resolution No. 19-08 approving the Town of Prosper
and Prosper EDC 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
and Prosper Economic Development Corporation. (KN)
4d. Consider and act upon approving the purchase of computer hardware, from
Centre Technologies, Inc., through the Texas Department of Information
Resources (DIR) Purchasing Contract. (LJ)
4e. Consider and act upon approving the purchase of one Caterpillar Skid Steer
compact loader, from Holt CAT, through the Sourcewell Purchasing
Cooperative. (FJ)
4f. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services
Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the
Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any Site Plan or Preliminary Site Plan. (AG)
Councilmember Korbuly made a motion and Councilmember Hodges seconded
the motion to approve all items on the Consent Agenda. The motion was approved
by a vote of 7-0.
5. 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 Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting.
Hanah Mayes, 4500 Bluestem Drive, Prosper, requested the Town consider installing
electric vehicle charging stations for public use in Prosper. She suggested the Gates of
Prosper development as a potential location.
6. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
6a. Section 551.087 – To discuss and consider economic development
incentives.
6b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
6c. Section 551.074 – To discuss and review the Town Manager’s performance
evaluation.
Item 4a(i)
Page 4 of 4
The Town Council recessed into Executive Session at 6:45 p.m.
7. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 7:17 p.m. No action was taken as
a result of the closed session.
8. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
No action was taken on this item.
9. Adjourn.
The meeting was adjourned at 7:18 p.m., on Tuesday, January 22, 2019.
These minutes approved on the 12th day of February 2019.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 4a(i)
Page 1 of 5
]
Prosper is a place where everyone matters.
1.Call to Order/Roll Call.
The meeting was called to order at 8:30 a.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Mike Korbuly
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary/PIO
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Dudley Raymond, Parks and Recreation Director
Frank Jaromin, Public Works Director
Chuck Springer, Executive Director of Administrative Services
Kelly Neal, Finance Director
Leigh Johnson, IT Director
Kala Smith, Human Resources Director
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Darcy Schroer, Vice President of Marketing and Communications, Prosper EDC
Other Attendees:
Mike Conduff, The Elim Group
Jim Cline, Transportation Consultant
2.The Town Council will hold a strategic planning work session to discuss successes
and accomplishments since the last planning work session and to prioritize future
strategic goals.
Town Manager Harlan Jefferson introduced Mike Conduff of The Elim Group who served
and the facilitator for the Strategic Planning Session. Mike started the meeting with
introductions, and an exercise where everyone in the group described their experiences
working in public service.
MINUTES
Special Meeting of the
Prosper Town Council
Prosper Fire Station #2 Training Room
1140 S. Teel Parkway
Prosper, TX 75078
Wednesday, January 30, 2019
Item 4a(ii)
Page 2 of 5
Major Accomplishments
The group identified major accomplishments from 2018, including the new Town Hall
facility, new staff members added, the completion of Frontier Park North, the creation of
the Special Purpose Districts, the addition of a ladder truck, the progress on the Public
Safety Complex, and various community engagement and economic development
successes. Areas identified as needing improvement included road projects, handling the
speed of growth, bringing new facilities online and the ongoing need for better
communication.
Review of Town Vision and Strategic Goals
The group reviewed the Town Vision and current Strategic Goals, and decided that all of
them are still appropriate and relevant given the Town’s current circumstances, values,
and priorities. Small group discussions were held to discuss the Major Initiatives identified
by the Council and Town staff, after which the results were shared with the group.
Discussion of Council Identified Issues
Town staff provided a series of presentations on the following discussion items to gather
Council feedback:
i. Employee Survey
Kala Smith, Human Resources Director, briefed the Council on the results of the
2018 employee survey. Benchmark comparisons from 2016 were either the same
or higher in almost all areas. Employees reported high levels of job satisfaction
overall, and gave executive leadership and supervisors high marks. Ratings for
employee support services improved from 2016. Areas of concern included the
ease of getting around Town, and communication among staff. Ms. Smith
identified several strategies the Town will utilize to address those concerns. The
Town Council concurred with staff’s recommendations.
ii. Downtown Road Construction
Hulon Webb, Executive Director of Development and Community Services, briefed
the Council on the progress of the Broadway, Fifth Street, and McKinley road
construction projects. All underground work has been completed, and paving
should be completed on all three projects by the end of March. The remaining
sidewalk installation, landscaping, and lighting on Broadway is anticipated to be
installed prior to Summer 2019. Mr. Webb explained that the delay of the
Broadway project was partially due to unanticipated difficulties in locating old
underground water lines, overlapping project scopes with two different contractors,
and unusually heavy rainfall in September and October 2018. Town staff has
made continual efforts to communicate the project status to downtown businesses.
The Town Council expressed frustration with the delays, and discussed the
possibility of holding an event in downtown when construction is complete.
iii. Infrastructure and Transportation Study
Jim Cline, the Town’s Transportation Consultant, briefed the Council on the results
of an infrastructure and transportation study that he recently completed. The study
focused on improving processes for implementing Capital Improvement Projects,
minimizing the negative impacts of the BNSF railroad due to noise and traffic
delays, traffic signal improvements, and project funding opportunities. The Council
expressed concern with the impact the new football stadium will have on
pedestrian and motorist traffic along Frontier Parkway. Mr. Cline offered
recommendations in all four study areas, and the Council concurred with his
recommendations.
Item 4a(ii)
Page 3 of 5
iv. Downtown Beautification Update
Development Services Director John Webb updated the Council on Code
Compliance efforts in the downtown area. Town staff continues to focus on
ensuring compliance through consistent enforcement, increased patrols, and
working closely with the Town prosecutor to ensure violations are corrected. Mr.
Webb recommended continued enforcement for properties that are out of
compliance, as well as ensuring that non-conforming properties, apartments, and
mobile homes adhere to Town standards. The Town Council concurred with Mr.
Webb’s recommendations. The Town Council discussed several ideas for
improving the aesthetics and market appeal for future developments in Downtown.
v. Public Hearings on Consent Agenda
Development Services Director John Webb proposed placing non-controversial
Public Hearings on the Consent Agenda for select zoning cases to expedite the
approval process. Citizens, Town Council members, or staff would still have the
ability to remove items from the Consent Agenda for comment or discussion. The
Council concurred with the recommendation.
vi. Field Utilization and Fees
Dudley Raymond, Parks and Recreation Director, briefed the Council on field
utilization statistics for the major sports leagues. Prosper is experiencing higher
than average registration numbers which will increase demand for field usage in
all sports. Additionally, the sports league boundaries extend beyond the Town
boundaries, resulting in a large number of non-residents utilizing Town sports
facilities. The City of Celina has plans to construct several sports fields by 2020,
which should alleviate some of the demand from non-residents. Town staff
recommended advising the Prosper sports leagues to ensure that Town of Prosper
players are accepted first before allowing non-residents to register. Town staff will
also continue to discuss options for sharing field space with the Cities of Frisco
and Celina. Funding for the preparation of construction documents for Sexton
Park, the Town’s next major community park, will be requested as part of the FY
2019-2020 proposed budget; however completion of the park is still several years
away.
Mr. Raymond continued discussion on proposed amendments to park dedication
fees. Town staff conducted a Parkland Dedication Analysis to determine the
number of parks and acreage required to meet the Town’s needs at buildout, and
whether the current park development fees will adequately cover future
construction costs for park facilities. Town staff recommended no change to the
parkland dedication rate based on dwelling units per acre; however, the current
park dedication fee is inadequate to meet the Town’s needs through 2025. The
Town Council directed staff to increase the single-family fee from $1,500 to $2,300
per unit, and review the fee every five years.
vii. McKinney Urban Transit District
Hulon Webb, Executive Director of Development and Community Services,
updated the Council on options for participating in the McKinney Urban Transit
District’s service for older adults and individuals with disabilities, as well as a pilot
program for individuals with lower incomes. Eligible individuals receive a three-to-
one match for every dollar they spend on taxi services. The Council agreed to
allocate $3,000 towards participation in the program.
Item 4a(ii)
Page 4 of 5
viii. Water Conservation Plan
Frank Jaromin, Public Works Director, updated the Council on the Town’s Water
Conservation program. He reviewed proposed changes to the enforcement stages
based on water levels in Lake Lavon. Residential water usage over the past ten
years has shown a slight decrease; however, Town staff recommended continued
efforts to reduce residential per capita water usage over the next ten years through
awareness campaigns and public education. Town staff is also investigating the
implementation of an online portal for customers to view their water usage data in
real time. Town staff will continue the current enforcement policy which
emphasizes public education to promote water conservation, monitoring water
usage, and promoting the use of drought tolerant landscaping. The Town Council
concurred with staff’s recommendations.
ix. Holiday Council Meeting Schedule
Robyn Battle, Town Secretary/PIO proposed the establishment of an annual Town
Council meeting calendar. Each January, the Town Council will consider the
regular meeting schedule for the year and identify meetings that conflict with major
holidays and events, such as Spring Break. By identifying conflicts early, Town
staff will be better able to accommodate developers’ timelines, and schedule Public
Hearings appropriately. The Town Council directed staff to cancel the December
24, 2019, Town Council meeting, but to keep all other regular meetings as
scheduled.
x. Legislative Strategy
Kelly Neal, Finance Director, discussed the state legislature’s proposed 2.5%
property tax revenue cap, and the impact such a cap would have on the Town’s
budget. The costs that are driving the Town’s budget, such as construction costs,
personnel salary and benefits, and inflation increases, already exceed 2.5%. A
revenue cap would cause the Town to absorb a loss of approximately $5 million in
the General Fund over the next five years, and force the Town to reduce the budget
by 16%. The loss of revenue would also necessitate the increased use of debt to
fund capital expenditures. The Town Council concurred with staff’s
recommendation to develop a legislative strategy and pursue the renewal of the
hotel occupancy tax legislation that was adopted in 2017; however, TML should
take the lead on communicating their message to the public that municipalities
should retain local control over their tax rate, revenue, and spending decisions.
Additionally, Town staff should take steps to prepare for the possibility of revenue
caps by reviewing the budget closely, and building relationships with the public to
continue to educate them about the value they receive for their tax dollars.
xi. Town Council Succession Planning
Town Manager Harlan Jefferson briefed the Council on the effects of term limits
on overall Town Council experience levels, which will begin to impact the current
Council in 2020. The current Council holds over 50 years of combined experience,
however, term limits will cause that experience to decrease dramatically by 2022.
Town staff has developed a strategy to assist the Council in preparing the
community for this transition. Town Secretary/PIO Robyn Battle provided an
overview of current and proposed programs to promote Council engagement,
citizen engagement, and leadership development. Mike Conduff recommended
the Council consider developing its own Rules of the Road/Code of Conduct. Ms.
Battle recommended adding a Strategic Goal to develop a Town Council
Item 4a(ii)
Page 5 of 5
succession planning strategy, which would incorporate the ideas proposed in the
presentation. The Town Council concurred with staff’s recommendations.
The Town Council shared their closing thoughts with the group. Several areas of concern
still remain, including Frontier Parkway, and the continual need for road and infrastructure
improvements. The Town must continue to be diligent about communicating with the
public, and developing a vision for the future.
The Town Council recessed into Executive Session at 4:01 p.m.
3. EXECUTIVE SESSION:
Recess into Closed Session in compliance with Section 551.001 et seq. Texas
Government Code, as authorized by the Texas Open Meetings Act, to deliberate
regarding:
3a. Section 551.087 – To discuss and consider economic development
incentives.
3b. Section 551.072 – To discuss and consider purchase, exchange, lease or
value of real property for municipal purposes and all matters incident and
related thereto.
4. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the meeting at 4:30 p.m. No action was taken as a result
of the closed session.
5. Adjourn.
The meeting was adjourned at 4:30 p.m., on Wednesday, January 30, 2019.
These minutes approved on the 12th day of February 2019.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
Item 4a(ii)
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2019
Agenda Item:
Consider and act upon an ordinance ordering a General Election to be held on May 4, 2019, and
authorizing the Town Manager to execute contracts with the Collin County Election
Administration, the Denton County Election Administration, and the Prosper Independent School
District for joint election services.
Description of Agenda Item:
In accordance with Texas Election Law, the Prosper Town Council is responsible for ordering the
General Election to be held on the Uniform Election Date in May for the purpose of electing the
Mayor, and Council members for Place 1 and Place 4. The order of the General Election is shown
in the form of the attached ordinance. The ordinance also authorizes the Town Manager to enter
into contracts with the Elections Administrators of Collin County and Denton County, and with
Prosper Independent School District, for joint election services for the May 4, 2019, General
Election. Important dates related to the election are listed on the attached Election Calendar.
Budgetary Impact:
Final cost estimates for the election will not be determined until after February 15, depending on
the number of entities who will participate in sharing the election costs. The cost for the Collin
County portion of the election is not expected to exceed $5,000. The cost for the Denton County
portion of the election is not expected to exceed an additional $4,500, for a total of $9,500.
Election services are funded through account 100-5460-10-02, Election Expenses.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved the standard ordinance
as to form and legality.
Attached Documents:
1. Ordinance
2.Collin County Joint Election Contract with Prosper ISD
3.Denton County Joint Election Contract
4.Election Calendar
Town Staff Recommendation:
Town staff recommends the Town Council adopt an ordinance ordering a General Election to be
held on May 4, 2019, and authorizing the Town Manager to execute contracts with the Collin
County Election Administration, Denton County Election Administration, and Prosper Independent
School District for joint election services.
Prosper is a place where everyone matters.
TOWN SECRETARY/PIO
Item 4b
Page 2 of 2
Proposed Motion:
I move to adopt an ordinance ordering a General Election to be held on May 4, 2019, and
authorize the Town Manager to execute contracts with the Collin County Election Administration,
Denton County Election Administration, and Prosper Independent School District for joint election
services.
Item 4b
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
COLLIN AND DENTON COUNTIES, TEXAS, ORDERING A GENERAL
ELECTION TO BE HELD JOINTLY WITH THE PROSPER INDEPENDENT
SCHOOL DISTRICT AND ADMINISTERED BY THE COLLIN COUNTY
ELECTIONS ADMINISTRATOR AND THE DENTON COUNTY ELECTIONS
ADMINISTRATOR ON MAY 4, 2019, FOR THE PURPOSE OF ELECTING
THREE MEMBERS OF THE PROSPER TOWN COUNCIL (MAYOR, PLACE 1,
AND PLACE 4) TO FILL EXPIRING TERMS; DESIGNATING POLLING
PLACES; DESIGNATING LOCATIONS OF POLLING PLACES; DESIGNATING
FILING DEADLINES; ORDERING NOTICES OF ELECTION TO BE GIVEN AS
PRESCRIBED BY LAW IN CONNECTION WITH SUCH ELECTION;
APPOINTING AN ELECTION JUDGE; AUTHORIZING EXECUTION OF JOINT
ELECTION AGREEMENTS; AND PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
A General Election is hereby ordered for the Town of Prosper, Texas (“Prosper”), to be
held jointly with the Prosper Independent School District on Saturday, May 4, 2019, for the
purpose of electing three (3) Town Council members to fill the expiring terms of Mayor, Town
Council Place 1, and Town Council Place 4 (“General Election”), said General Election shall be
administered by the Collin County Elections Administrator and the Denton County Elections
Administrator.
SECTION 2
No person’s name shall be placed upon the ballot as a candidate for council member
unless such person has filed his or her sworn application as provided by Section 141.03 of the
Texas Election Code, with the Town Secretary at the Prosper Town Hall, located at 200 S. Main
Street, Prosper, Texas 75078, not later than 5:00 p.m., on the 15th day of February, 2019. The
Town Secretary shall note on the face of each such application the date of such filing. Such
application shall include the office the candidate is seeking.
SECTION 3
Qualified voters of the following election precincts shall cast ballots for the General
Election at the heretofore established and designated polling places, as follows:
Town Precincts Polling Place
199, 178, 224, and 214 Prosper ISD Central Administration Building
(Collin County) 605 E. 7th Street
Prosper, Texas 75078
1044 (Denton County) Denton County Elections Administration
701 Kimberly Drive
Denton, Texas 76208
Item 4b
Ordinance No. 19-__, Page 2
General Election polls shall be open from 7:00 a.m. until 7:00 p.m., on the date of the
General Election, Saturday, May 4, 2019.
SECTION 4
Early voting by personal appearance for Denton County residents shall be available at the
Denton County Elections Office, 701 Kimberly Drive, Denton, Texas 76208, from 8:00 a.m. to
5:00 p.m., Monday through Saturday, beginning on Monday, April 22, 2019, and continuing
through Saturday, April 27, 2018, which is not a Sunday or any official state holiday, with extended
voting hours being held on Monday, April 29, 2019, from 7:00 a.m. to 7:00 p.m., and Tuesday,
April 30, 2019, from 7:00 a.m. to 7:00 p.m.
Early voting by personal appearance for Collin County residents shall be available at the
Prosper Town Hall, 200 S. Main Street, Prosper, Texas 75078, from 8:00 a.m. to 5:00 p.m.,
Monday through Saturday, beginning on Monday, April 22, 2019, and continuing through
Saturday, April 27, 2019, which is not a Sunday or any official state holiday, with extended voting
hours being held on Thursday, April 25, 2019, from 8:00 a.m. to 7:00 p.m., Monday, April 29,
2019, from 7:00 a.m. to 7:00 p.m., and Tuesday, April 30, 2019, from 7:00 a.m. to 7:00 p.m.
Applications for a ballot by mail shall be requested from and returned to the Collin County
Elections Administration Office, Attn: Elections Administrator, 2010 Redbud Blvd, Suite 102,
McKinney, Texas 75069, election@collincountytx.gov, or to the Denton County Elections
Administration Office, Attn: Elections Administrator, 701 Kimberly Drive, Denton, Texas 76208,
elections@dentoncounty.com. Applications for a ballot by mail must be received no later than
the close of business on April 23, 2019.
Town and School District voters may vote at any of the additional Early Voting locations
open under full contract services with the Collin County Elections Administrator or the Denton
County Elections Administrator, which may be designated after February 15, 2019. This previous
sentence shall also be posted in the Notice of Election.
SECTION 5
Candidates must file for a specific place and adhere to the filing deadlines accordingly.
Candidate packets are available in the Town Secretary’s Office. The candidate filing deadlines
for the General Election for Mayor, Town Council Place 1 and Place 4 are as follows:
General Election Filing for the Position of Mayor, Town Council Place 1 and
Town Council Place 4:
January 16, 2019, beginning at 8:00 a.m. through February 15, 2019 ending at
5:00 p.m. Candidates must file in the Town Secretary’s Office located at 200 S.
Main Street, Prosper, Texas.
SECTION 6
Voting equipment that has been duly approved by the Secretary of State pursuant to the
Texas Election Code shall be used in this General Election for early voting by personal
appearance, General Election Day voting, and early voting by mail.
Item 4b
Ordinance No. 19-__, Page 3
SECTION 7
The Town Secretary is hereby authorized and directed to publish and/or post, in the time
and manner prescribed by law, all notices required to be so published and/or posted in connection
with the conduct of this General Election. The General Election, including providing notice of the
General Election, shall be conducted in accordance with the Texas Election Code and other
applicable law, and all resident qualified and registered voters of the Town shall be eligible to vote
at the General Election.
SECTION 8
The Election Officer shall arrange for the appointment, notifications, training and
compensation of all election judges and alternate judges in accordance with the law. The
presiding Judge shall appoint not less than two (2) nor more than nine (9) qualified elections clerks
to serve and assist in the conduct of the election in accordance with the law.
SECTION 9
The Mayor and the Town Secretary of the Town, in consultation with the Town Attorney,
are hereby authorized and directed to take any and all actions necessary to comply with the
provisions of the Texas Election Code and any other state or federal law in carrying out and
conducting the General Election, whether or not expressly authorized herein. The Town Manager
is hereby authorized to execute Election Services agreements with the Collin County Election
Administration, the Denton County Election Administration, and the Prosper Independent School
District for the General Election on May 4, 2019.
SECTION 10
This ordinance and order for a General Election shall be effective from and after the
passage of this ordinance.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, COLLIN AND DENTON COUNTIES, TEXAS, ON THIS THE 12TH DAY OF
FEBRUARY, 2019.
APPROVED:
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 4b
May 4, 2019
Joint General & Special Election
Contract for Election Services
Town of Prosper/Prosper ISD
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 2
May 4, 2019
Joint General & Special Election
Table of Contents
I………………………………………………Duties and Services of Contracting Officer
II………………………………..……….Duties and Services of Town and School District
III……………………….………………………………………………..Cost of Election
IV……………………………………………………………….Joint General Agreement
V………………….……………………………………………….…..General Provisions
Exhibits
Exhibit A...…………………………………….……Early Voting Schedule and Locations
Exhibit B.….……………………………………………...……Election Day Vote Centers
Exhibit C…………………………………………………………………..Cost of Services
Exhibit D………………………………………………….……..Joint General Agreement
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 3
THE STATE OF TEXAS CONTRACT FOR
COUNTY OF COLLIN §
TOWN OF PROSPER –
PROSPER ISD ELECTION SERVICES
BY THE TERMS OF THIS CONTRACT made and entered into by and
between the TOWN OF PROSPER, hereinafter referred to as the "TOWN," and the
BOARD OF TRUSTEES OF THE PROSPER INDEPENDENT SCHOOL DISTRICT,
hereinafter referred to as the “SCHOOL DISTRICT,” and BRUCE SHERBET, Elections
Administrator of Collin County, Texas, hereinafter referred to as "Contracting Officer,"
pursuant to the authority in Subchapter D, Section 31.092, of Chapter 31, of the Texas
Election Code, agree to the following particulars in regard to coordination, supervision
and running of the Town and School District's May 4, 2019 Joint General & Special
Election and a Town Runoff Election, if necessary, on June 8, 2019. An additional cost
estimate, early voting calendar, and Election Day polling place schedule will be prepared
should a Runoff Election be necessary.
THIS AGREEMENT is entered into in consideration of the mutual covenants
and promises hereinafter set out. IT IS AGREED AS FOLLOWS:
I. DUTIES AND SERVICES OF CONTRACTING OFFICER. The Contracting
Officer shall be responsible for performing the following duties and shall furnish the
following services and equipment:
A. The Contracting Officer shall arrange for appointment, notification
(including writ of election), training and compensation of all presiding judges, alternate
judges, the judge of the Central Counting Station and judge of the Early Voting Ballot
Board.
a. The Contracting Officer shall be responsible for notification of
each Election Day and Early Voting presiding judge and alternate judge of
his or her appointment. The recommendations of the Town and the
School District will be the accepted guidelines for the number of clerks
secured to work in each Vote Center. The presiding election judge of each
Vote Center, however, will use his/her discretion to determine when
additional manpower is needed during peak voting hours. The
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 4
Contracting Officer will determine the number of clerks to work in the
Central Counting Station and the number of clerks to work on the Ballot
Board. Election judges shall be secured by the Contracting Officer with
the approval of the Town and the School District.
b. Election judges shall attend the Contracting Officer's school of
instruction (Elections Seminar); calendar will be provided.
c. Election judges shall be responsible for picking up from and
returning election supplies to the county election warehouse located at
2010 Redbud Blvd., Suite 102, McKinney. Compensation for this pickup
and delivery of supplies will be $25.00.
d. The Contracting Officer shall compensate each election judge and
worker. Each judge shall receive $12.00 per hour for services rendered.
Each alternate judge and clerk shall receive $10.00 per hour for services
rendered. Overtime will be paid to each person working over 40 hours per
week.
B. The Contracting Officer shall procure, prepare, and distribute voting
machines, election kits and election supplies.
a. The Contracting Officer shall secure election kits which
include the legal documentation required to hold an election and all
supplies including locks, pens, magic markers, etc.
b. The Contracting Officer shall secure all tables, chairs, and legal
documentation required to run the Central Counting Station.
c. The Contracting Officer shall provide all lists of registered voters
required for use on Election Day and for the early voting period required
by law.
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 5
d. The Contracting Officer shall procure and arrange for the
distribution of all election equipment and supplies required to hold an
election.
1. Equipment includes the rental of voting machines, ADA
compliance headphones and keypads (1 per site), transfer cases,
voting signs and election supply cabinets.
2. Supplies include smart cards, sample ballots, provisional
forms, maps, labels, pens, tape, markers, etc.
C. The Contracting Officer, Bruce Sherbet, shall be appointed the Early
Voting Clerk by the Town and the School District.
a. The Contracting Officer shall supervise and conduct Early Voting
by mail and in person and shall secure personnel to serve as Early Voting
Deputies.
b. Early Voting by personal appearance for the Town and School
District's May 4, 2019, Joint General & Special Election shall be
conducted during the time period and at the locations listed in Exhibit “A”,
attached and incorporated by reference into this contract.
c. All applications for an Early Voting mail ballot shall be received
and processed by the Collin County Elections Administration Office,
2010 Redbud Blvd., Suite 102, McKinney, Texas 75069.
1. Application for mail ballots erroneously mailed to the
Town or School District shall immediately be faxed to the
Contracting Officer for timely processing. The original application
shall then be forwarded to the Contracting Officer for proper
retention.
2. All Federal Post Card Applicants (FPCA) will be sent a
mail ballot. No postage is required.
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 6
d. All Early Voting ballots (those cast by mail and those cast by
personal appearance) shall be prepared for count by the Early Voting
Ballot Board in accordance with Section 87.000 of the Texas Election
Code. The presiding judge of this Board shall be appointed by the
Contracting Officer.
D. The Contracting Officer shall arrange for the use of all Election Day Vote
Centers. The Town and School District shall assume the responsibility of remitting the
cost of all employee services required to provide access, provide security or provide
custodial services for the Vote Centers. The Election Day Vote Centers are listed in
Exhibit “B”, attached and incorporated by reference into this contract.
E. The Contracting Officer shall be responsible for establishing and operating
the Central Counting Station to receive and tabulate the voted ballots in accordance with
Section 127.001 of the Election Code and of this agreement. Counting Station Manager
and Central Count Judge shall be Bruce Sherbet. The Tabulation Supervisor shall be
Patty Seals.
a. The Tabulation Supervisor shall prepare, test and run the county's
tabulation system in accordance with statutory requirements and county
policies, under the auspices of the Contracting Officer.
b. The Public Logic and Accuracy Test of the electronic voting
system shall be conducted.
c. Election night reports will be available to the Town and School
District at the Central Counting Station on election night. Provisional
ballots will be tabulated after election night in accordance with law.
d. The Contracting Officer shall prepare the unofficial canvass report
after all precincts have been counted, and will provide a copy of the
unofficial canvass to the Town and School District as soon as possible
after all returns have been tallied.
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 7
e. The Contracting Officer shall be appointed the custodian of the
voted ballots and shall retain all election material for a period of 22
months.
1. Pending no litigation and as prescribed by law, the voted
ballots shall be shredded 22 months after the election.
2. The Town and School District can obtain the list of
registered voters from the Elections Administration Office after
this retention period. Pending no litigation and if the Town or
School District does not request the lists, the Contracting Officer
shall destroy them.
f. The Contracting Officer shall conduct a manual count as
prescribed by Section 127.201 of the Texas Election Code and submit a
written report to the Town and School District in a timely manner. The
Secretary of State may waive this requirement. If applicable, a written
report shall be submitted to the Secretary of State as required by Section
127.201(E) of the aforementioned code.
II. DUTIES AND SERVICES OF THE TOWN AND SCHOOL DISTRICT.
The Town and School District shall assume the following responsibilities:
A. The Town and School District shall prepare the election orders,
resolutions, notices, official canvass and other pertinent documents for adoption by the
appropriate office or body. The Town and School District assumes the responsibility of
posting all notices and likewise promoting the schedules for Early Voting and Election
Day.
B. The Town and School District shall provide the Contracting Officer with n
updated map and street index of their jurisdiction in an electronic (shape file preferred) or
printed format as soon as possible but no later than Friday, March 8, 2019.
C. The Town and School District shall procure and provide the Contracting
Officer with the ballot layout and Spanish interpretation in an electronic format.
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 8
a. The Town and School District shall deliver to the Contracting
Officer as soon as possible, but no later than 5:00 PM Thursday,
February 21, 2019, the official wording for the Town and School
District's May 4, 2019, Joint General & Special Election.
b. The Town and School District shall approve the "blue line" ballot
format prior to the final printing.
D. The Town and School District shall post the publication of election notice
by the proper methods with the proper media.
E. The Town and School District shall compensate the Contracting Officer
for any additional verified cost incurred in the process of running this election or for a
manual count this election may require, consistent with charges and hourly rates shown
on Exhibit “C” for required services.
F. The Town and School District shall pay the Contracting Officer 90% of
the estimated cost to run the said election prior to Friday, April 5, 2019. The Contracting
Officer shall place the funds in a "contract fund" as prescribed by Section 31.100 of the
Texas Election Code. The Deposit should be delivered within the mandatory time frame
to:
Collin County Treasury
2300 Bloomdale Rd. #3138
McKinney, Texas 75071
Made payable to: “Collin County Treasury” with the note “for election services” included
with check documentation.
G. The Town and School District shall pay the cost of conducting said
election, less partial payment, including the 10% administrative fee, pursuant to the Texas
Election Code, Section 31.100, within 30 days from the date of final billing.
III. COST OF SERVICES. See Exhibit “C.”
IV. JOINT GENERAL AGREEMENT. See Exhibit “D”.
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 9
V. GENERAL PROVISIONS.
A. Nothing contained in this contract shall authorize or permit a change in the
officer with whom or the place at which any document or record relating to the Town and
School District's May 4, 2019, Joint General & Special Election is to be filed or the place
at which any function is to be carried out, or any nontransferable functions specified
under Section 31.096 of the Texas Election Code.
B. Upon request, the Contracting Officer will provide copies of all invoices
and other charges received in the process of running said election for the Town and
School District.
C. If the Town and/or School District cancel their election pursuant to
Section 2.053 of the Texas Election Code, the Contracting Officer shall be paid a contract
preparation fee of $75. An entity canceling an election will not be liable for any further
costs incurred by the Contracting Officer in conducting the May 4, 2019, Joint General &
Special Election. All actual shared cost incurred in the conduct of the election will be
divided by the actual number of entities contracting with the Contracting Officer and
holding a May 4, 2019, Joint General & Special Election.
D. The Contracting Officer shall file copies of this contract with the County
Judge and the County Auditor of Collin County, Texas.
WITNESS BY MY HAND THIS THE DAY OF 2019.
Bruce Sherbet
Collin County, Texas
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 10
WITNESS BY MY HAND THIS THE DAY OF 2019.
By:___________________________ Attest:____________________________
Harlan Jefferson, Town Manager Robyn Battle, Town Secretary
Town of Prosper Town of Prosper
WITNESS BY MY HAND THIS THE DAY OF 2019.
By:______________________________ Attest:______________________________
Dr. Drew Watkins, Superintendent Anne Craig, Administrative Asst.
Prosper Independent School District Prosper Independent School District
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 11
Exhibit “A”
MAY 4, 2019
JOINT GENERAL & SPECIAL ELECTION
Early Voting Locations and Hours
Town of Prosper & PISD*
Polling Place Address Town
Collin County Election Office
(Main Early Voting Location) 2010 Redbud Blvd., #102 McKinney
Prosper Town Hall 200 S. Main St. Prosper
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
April 21
April 22
8am – 5pm
April 23
8am – 5pm
April 24
8am – 5pm
April 25
8am - 7pm
April 26
8am - 5pm
April 27
8am - 5pm
April 28
April 29
7am – 7pm
April 30
7am – 7pm
May 1 May 2 May 3 May 4
7am – 7pm
Election
Day
* Town and School District voters may vote at any of the additional Early Voting
locations open under full contract services with the Collin County Elections
Administration.
Item 4b
May 4, 2019 Joint General & Special Election – Town of Prosper & PISD
01/23/19 – Page 12
Exhibit “B”
MAY 4, 2019
JOINT GENERAL & SPECIAL ELECTION
Election Day Vote Centers – Town of Prosper & PISD*
Precincts Location Address Town
“VOTE CENTER” Prosper ISD Administration Bldg. 605 E. Seventh Street Prosper
*Town and School District voters may vote at any of the additional Election Day Vote
Centers open under full contract services with the Collin County Elections
Administration.
Item 4b
JOINT ELECTION AGREEMENT
between
The Town Council of the Town of Prosper (the Town), the Board of Trustees of
the Prosper Independent School District (PISD), known as (the School), and the
Board of Trustees of Collin College District (the College).
BY THE TERMS OF THIS AGREEMENT, the Town, the School and the College, do
hereby agree, pursuant to the provisions of the Texas Election Code, to hold a joint
election for the General Election and Special Election should it be called, of the Town
and the General Election and Special Election should it be called, of the School District
and the College to be held on Saturday, May 4, 2019. The entities have contracted
with the Collin County Elections Administrator (Election Administrator) to perform
various duties and responsibilities on their behalf.
The Town, PISD and the College shall share equally in shared expenses applicable for
the Early Voting location at the Prosper Town Hall. The Town, PISD and the College
shall share equally in shared expenses applicable for the Election Day location at
Prosper ISD Administration Building. Expenses include polling location costs, election
officials, supplies, ballots and any other and all necessary expenses for the election
upon receipt of satisfactory billing and invoices reflecting the total of such election.
Tabulation and programming costs shall be shared equally between the number of
entities holding an election on May 4, 2019. Centralized costs will be determined based
on voter registration per jurisdiction. An entity canceling an election pursuant to Section
2.053 of the Texas Election Code will not be liable for costs incurred by the Elections
Administrator in conducting the May 4, 2019, Joint General & Special Election of the
Town, the School District and the College; they will be liable only for the contract
preparation fee of $75.00.
APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS in its
meeting held the day of , 2019, and executed by its
authorized representative.
By: Attest:
Harlan Jefferson, Town Manager Robyn Battle, Town Secretary
Town of Prosper Town of Prosper
Item 4b
APPROVED BY THE TRUSTEES OF THE PROSPER INDEPENDENT SCHOOL
DISTRICT in its meeting held the day of , 2019, and
executed by its authorized representative.
By: ______ Attest: __________
Dr. Drew Watkins, Superintendent Anne Craig, Administrative Asst.
Prosper ISD Prosper ISD
APPROVED BY THE TRUSTEES OF THE COLLIN COLLEGE DISTRICT in its
meeting held the day of , 2019, and executed by its
authorized representative.
By: Attest: ______
H. Neil Matkin, Ed.D. District President Kim Davison, Chief of Staff
Collin College Collin College
Item 4b
SUMMARY OF COSTS FOR TOWN OF PROSPER
SUPPLY COST $97.22
EQUIPMENT RENTAL COST $829.33
EARLY VOTING $1,482.13
ELECTION DAY $204.33
ADMINISTRATIVE EXPENSES $6.00
TABULATION/PROGRAMMING COSTS $1,087.14
CENTRALIZED COSTS $615.60
Total $4,321.75
10% Administrative Fee $432.18
Grand Total $4,753.93
90% Deposit due by 4/05/19 $4,278.53
Item 4b
Item 4b
Item 4b
Item 4b
Item 4b
Item 4b
Item 4b
Item 4b
Item 4b
Item 4b
Item 4b
Item 4b
Item 4b
2019 Town of Prosper General Election Calendar
January 16 First day candidates may file an application for a place on the
ballot.
February 15 Last day candidates may file an application for a place on the
ballot. (Must be received by 5:00 p.m.)
February 21 Town Secretary conducts drawing for order of names on ballot at
8:15 a.m. in the Town Secretary’s Office.
February 22 Last day for a candidate to withdraw application for a place on the
ballot. (Must be received in writing by 5:00 p.m.)
April 4 Last day to register to vote in the May 4, 2019, General Election.
April 4 Due date for filing first report of campaign contributions and
expenditures.
April 22 First day to vote early by personal appearance.
April 26 Due date for filing second report of campaign contributions and
expenditures.
April 30 Last day to vote early by personal appearance.
May 4 ELECTION DAY
May 7-15 Period for official canvass of election returns by Town Council.
July 15 Last day for timely filing of final or semi-annual report of campaign
contributions and expenditures. (by 5:00 p.m.)
Item 4b
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2019
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Specific Use Permit for a
Wireless Communication and Support Structure, on 0.5± acre, located in Frontier Park, on the
south side of Frontier Parkway, south and west of Stadium Drive. (S18-0007).
Description of Agenda Item:
At the October 23, 2018, and at November 27, 2018, Town Council meetings, this item was tabled
to allow the applicant an opportunity to discuss with Prosper ISD the possibility of placing the
Wireless Communication and Support Structure on their adjacent property. Since the meetings,
the applicant has spoken with the District about the possibility of placing the Wireless
Communication and Support Structure on their property, and the school board considered the
option at their November 26, 2018, meeting.
However, the applicant has indicated a need for additional time to work with the District on the
details of their proposal, prior to tabling or withdrawing the subject Specific Use Permit request.
The applicant has requested this item be tabled to the April 23, 2019, Town Council meeting, as
outlined in the attached letter.
Attached Documents:
1. Tabling Request Letter
Town Staff Recommendation:
Town staff recommends this item be tabled and the Public Hearing continued to the April 23,
2019, Town Council meeting.
Proposed Motion:
I move to table this item and continue the Public Hearing to the April 23, 2019, Town Council
meeting.
Page 1 of 1
Prosper is a place where everyone matters.
PLANNING
Item 4c
Item 4c
Page 1 of 2
To: Mayor and Town Council
From: Chuck Springer, Executive Director of Administrative Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2019
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Tower Site Lease Agreement
by and between the Town of Prosper, Texas, and New Cingular Wireless PCS, LLC, for the lease
of Town property, generally located at 1551 Frontier Parkway in Frontier Park, for a cell tower.
Description of Agenda Item:
New Cingular Wireless PCS, LLC approached Town staff to discuss a cell tower at Frontier Park
in conjunction with a light pole. The Tenant is only leasing the 600-square-foot portion of the
property, they will be responsible for building and maintaining the cell tower. The tower will be
replacing an existing light pole at the park. The new tower will contain lighting with cellular
antennas above the lighting. This item was considered by Town Council on October 23, 2018
and tabled to this meeting. The applicant has requested that this item be tabled to the April 23,
2019, Town Council meeting, as outlined in the attached letter.
The proposed Site Lease Agreement contains an Exhibit C that is a rendering of the proposed
tower. The Site Lease Agreement requires in Section 7 that New Cingular Wireless PCS, LLC
(the “Tenant”) must go through the Town’s development process in order to obtain a Specific Use
Permit (“SUP”) for all proposed improvements. This section states that the proposed
improvements shall be in substantial conformity with Exhibit C. The approval of this Tower Lease
Agreement is independent of the Town’s process for consideration of the SUP, this agreement
does not guarantee approval of the SUP. The SUP for this applicant is also on this agenda for
consideration.
The Town currently has four cell tower leases for equipment located on the Town’s elevated water
towers. The lease rates on these four agreements range from $21,000 to $34,600 annually. This
agreement calls for the Town to receive $24,000 annually in the initial year of the lease increasing
by 2.5% annually during the term of the lease. This will be the first land lease agreement in which
the Tenant is required to build the cell tower versus just putting equipment on a Town water tower.
The agreement also states that the permitted use is only for a single carrier (Section 3) and that
the existing light pole will be given to the Town for its use at another facility (Section 8a).
Budget Impact:
The Town will receive $2,000 per month or $24,000 annually in the initial year of the lease and
this payment will be increased by 2.5% annually during the term of the lease.
Prosper is a place where everyone matters.
TOWN MANAGER’S
OFFICE
Item 4d
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Tower Site Lease Agreement
as to form and legality.
Attached Documents:
1. Tower Site Lease Agreement
2. Tabling Request Letter
Town Staff Recommendation:
Town staff recommends the Town Council table this item of a Tower Site Lease Agreement by
and between the Town of Prosper, Texas and New Cingular Wireless PCS, LLC, to the April 23,
2019, Town Council Meeting.
Proposed Motion:
I move to table this item regarding a Tower Site Lease Agreement by and between the Town of
Prosper, Texas and New Cingular Wireless PCS, LLC, to the April 23, 2019, Town Council
meeting.
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
1
TOWER SITE LEASE AGREEMENT
THIS TOWER SITE LEASE AGREEMENT (this “Lease”) is entered into this ____
day of _______, 2019 (“Execution Date”) by and between the Town of Prosper, Texas, a
Texas municipal corporation (“Landlord”), and New Cingular Wireless PCS, LLC, a
Delaware limited liability company, having a mailing address of 575 Morosgo Drive NE,
Atlanta, Georgia 30324 (“Tenant”).
1. Premises. Subject to the following terms and conditions, Landlord leases
to Tenant a portion of the real property described in Exhibit A (the “Property”), attached
hereto and incorporated by reference. Tenant’s use of the Property shall be limited to
that portion of the Property (“Equipment Space”), together with temporary easements for
access and utilities, described and depicted in the site plan attached hereto as Exhibit B
and incorporated by reference (collectively referred to hereinafter as the “Premises”).
The Premises, located at 1551 Frontier Parkway in the Town of Prosper, Collin County,
Texas, are comprised of approximately 600 (20’ x 30’) square feet. Tenant shall have the
right to remove and replace an existing light pole shown on Exhibit B, on which Tenant
shall have the right to install communications equipment, and temporary easements for
access, utilities and installation of conduits, wires, cables and other necessary connections
between the Equipment Space and the light pole.
2. Term. The initial term of this Lease shall be five (5) years, commencing on
the date of execution of the last party to sign the lease agreement (the “Commencement
Date”) and terminating at Midnight on the last day of the sixtieth (60th) full month
following the Commencement Date. This Lease will automatically renew for five (5)
additional five (5) year Term(s) (the “Extension Term”), upon the same terms and
conditions (except Rent, which shall be subject to Paragraph 4 of this Lease) unless the
Tenant notifies the Landlord in writing of Tenant’s intention not to renew this Lease at
least ninety (90) days prior to the expiration of the existing Term.
3. Permitted Use. The Premises may be used by Tenant only for permitted
uses, which are (i) the transmission and reception of communications signals; (ii) the
construction, alteration, maintenance, repair, replacement and relocation of related
facilities, antennas and equipment as defined in Paragraph 8; and (iii) activities related to
any of the foregoing. Tenant shall obtain (prior to or after the Commencement Date), at
Tenant’s expense, all licenses and permits or authorizations required for Tenant’s use of
the Premises from all applicable government and/or regulatory entities (the
“Governmental Approvals”). Tenant shall not sublease, sublicense or grant the right of
use of all or any part of the Premises to any other party without the consent of Landlord,
which consent may be granted or withheld in the sole discretion of Landlord, provided
Landlord’s consent shall not be required for any use of the Premises to provide FirstNet
services, or as otherwise required by any law or regulation governing Tenant’s operation
of the Communication Facilities (as hereinafter defined).
4. Rent. Commencing upon the Commencement Date, Tenant shall pay
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
2
Landlord, as rent, the sum of Two Thousand Dollars and No Cents ($2,000.00) per
month (“Rent”) for the first twelve-month period. Rent shall be payable on the first day
of each month, in advance, to the Town of Prosper, at Landlord’s address specified in
Paragraph 14, below. The initial Rent payments shall be paid within forty-five (45) days
after the Commencement Date. Rent shall increase at a rate of 2.5% annually. If the
Commencement Date should be other than the first day of a calendar month, Rent shall
be prorated to the end of that calendar month. If this Lease is terminated at a time other
than on the last day of a month, Rent shall be prorated as of the date of termination for
any reason other than a default by Tenant.
5. Holdover Rent. If Tenant shall remain in possession of the Premises at
the expiration of this Lease or any Renewal without a written agreement, such tenancy
shall be deemed a month-to-month tenancy under the same terms and conditions of this
Lease, except as to Rent, which shall be fifteen percent (15%) over the most recent
Term’s monthly Rent.
6. Interference.
(A) Tenant shall not use the Premises in any way that interferes with the use
of the Property by Landlord, or tenants or licensees of Landlord, with rights to the
Property prior in time to Tenant’s (subject to Tenant’s rights under this Lease, including
non-interference). Such interference shall be deemed by Landlord a material breach
and, upon notice to Tenant, may terminate said interference. In the event any such
interference does not cease promptly, the parties acknowledge that continuing
interference may cause irreparable injury and, therefore, Landlord shall have the right,
in addition to any rights that it may have at law or in equity, to bring action to enjoin such
interference or to terminate this Lease immediately. Landlord makes no warranty or
representation, express or implied, that the airspace used by Tenant will be free of
electronic or other interference.
(B) Landlord shall not use, nor will Landlord permit its employees, tenants,
licensees, invitees or agents to use, any portion of the Property in any way that interferes
with the operations of Tenant or the rights of Tenant under this Lease, provided none of
the users have any right to the Property upon the Commencement Date of this Lease.
Landlord shall endeavor to promptly cause any such interference to cease after receipt
of notice of interference from Tenant. In the event any such interference to Tenant’s
operations does not cease within forty-eight (48) hours after receipt of notice of from
Tenant specifying the exact nature and cause of the interference, Landlord shall cause
all operations which are suspected of causing interference (except for intermittent testing
to determine the cause of such interference) to cease until the interference has been
corrected. The parties acknowledge that continuing interference may cause irreparable
injury and, therefore, Tenant shall have the right, in addition to any rights that it may have
at law or in equity, to bring action to enjoin such interference or to terminate this Lease
immediately.
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
3
7. Specific Use Permit - Requirement. Landlord and Tenant’s obligations
hereunder shall be contingent upon Tenant obtaining a Specific Use Permit (the “SUP”)
for all proposed improvements through the Town’s development process. The proposed
improvements shall be in substantial conformity to the proposed improvement shown in
the rendering attached hereto as Exhibit C. The approval of this Tower Lease Site
Agreement is independent of the Town’s process for an SUP.
8. Improvements; Utilities; Access.
(A) Tenant shall have the right, at its expense, to erect and maintain on the
Premises a light pole, communications fixtures and related equipment, cables,
accessories, improvements, equipment shelters or cabinets, fencing and any other items
necessary to the successful and secure use of the Premises (collectively, the
“Communication Facilities”). The location of all such improvements, including the
Communications Facilities, are depicted in Exhibit B. Landlord shall approve the location
of such all improvements including the Communication Facilities. With the prior written
notice to Landlord, Tenant shall have the right to replace or upgrade the Communication
Facilities (other than the light pole) at any time during the term of this Lease with prior
written notice to Landlord, provided such replacements and upgrades do not alter the
location or size of the Premises or materially alter the visual impact of the Communications
Facilities from outside the premises, subject to any limitations and requirements of the
SUP for these improvements, and as referenced in Paragraph 7, above. Tenant shall
cause all construction to occur lien-free and in compliance with all applicable laws and
ordinances. Tenant shall provide the Landlord with the existing light pole that is replaced
by Tenant under the terms of this agreement. The Communication Facilities shall remain
the exclusive property of Tenant and shall be deemed personal property for purposes of
this Lease. Landlord waives any and all lien rights it may have, statutory or otherwise,
concerning the Communication Facility or any portion thereof. Tenant shall have the right
to remove the Communication Facilities, other than the light pole, upon the termination of
this Lease; provided, however, that Tenant shall return the Premises to Landlord in the
same condition as of the date of this Lease, reasonable wear and tear excepted.
Notwithstanding the foregoing, upon the termination of this Lease, the ownership of the
light pole installed by Tenant shall automatically transfer to Landlord, and Tenant shall not
be required to replace the original light pole.
(B) Tenant shall, at Tenant’s expense, keep and maintain the Premises and all
buildings and improvements now or hereafter located thereon in good condition and repair
during the term of this Lease. Tenant shall repair any damage, caused by Tenant, on
Landlord’s Property including damage to the turf from the initial installation, or any other
time during the term of this Lease, within ten (10) business days after receipt of notice of
the damage. Further, Tenant shall comply with all conditions of the SUP, including but
not limited to the planting of all trees, shrubs, land cover and other related landscape
features, all as approved by the Town or its designee. Upon termination of this Lease,
the Premises shall be returned to Landlord in the same condition as of the date of this
Lease, reasonable wear and tear excepted.
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
4
(C) Tenant shall pay any utility charges due to Tenant’s use of the Premises.
Tenant shall not use utilities installed by or for Landlord. Tenant shall have the right to
install utilities, at Tenant’s expense, and to improve the present utilities on the Premises
(including, but not limited to the installation of emergency power generators). Upon
termination of this Lease, Tenant shall terminate and cut off all underground utilities
installed for Tenant and shall remove all above aground utilities installed for Tenant.
(D) As partial consideration for rent paid under this Lease, Landlord hereby
grants Tenant a temporary easement (“Easement”) for ingress, egress, utilities,
telecommunications services and access (including access as described in Paragraph 1)
to the Premises adequate to service the Premises and the Communication Facilities at all
times during the term of this Lease. Upon notice, Landlord shall have the right, at Landlord’s
sole expense, to relocate the Easement to Tenant, provided such new location shall not
materially interfere with Tenant’s operations. Any Easement provided hereunder shall
terminate upon the termination of this Lease.
(E) Tenant and Landlord shall have 24-hours-a-day, 7-days-a-week access to
the Premises at all times during the term of this Lease, provided Landlord shall not alter
the Communications Facilities in any way. Landlord agrees to notify Tenant at 972-342-
9367 at least 24 hours in advance prior to entering the Premises for any reason, except
in cases of emergency. Failure to allow access to Tenant within twenty-four (24) hours
after notice of such failure shall be an event of default, and Tenant shall have the right to
exercise any rights that it may have at law or in equity.
(F) Landlord reserves the right, at any time, to perform any type of
maintenance and/or repair on the Property; provided however, except in emergency
situations, if any maintenance and/or repair work will substantially affect Tenant’s
permitted uses of the Premises, Landlord will use its best efforts to provide Tenant with
at least ten (10) days’ prior written notice of the intended repair and/or maintenance work,
along with a schedule showing dates and duration of such repair and/or maintenance
work. Landlord shall also provide Tenant with the opportunity, at Tenant’s cost and
expense, to temporarily relocate and continue to operate its antennas, or otherwise to
secure the antennas or the Communication Facilities generally, to protect them from
damage. Tenant shall be permitted to install temporary facilities necessary to keep its
Communication Facilities operational, subject to Landlord’s prior written consent, which
consent shall not be unreasonably withheld. Further, any maintenance will be conducted
by Landlord as diligently and expeditiously as possible. If any temporary facilities are
installed as a result of this paragraph, Tenant shall remove said temporary facilities
immediately upon Landlord’s completion of any maintenance and/or repair work.
9. Termination Prior To Commencement Date. The Tenant has the option
to terminate this Lease without cause within 270 days of its approval and prior to the
Commencement Date; however, Tenant must return the Premises to its original state as
of the date of this Lease.
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
5
If either party breaches any provision of this Lease or otherwise commits an
event of default, the non-breaching party shall give the other party written notice of the
breach. If the breaching party has not cured the breach within thirty (30) days of such
notice or such other period as provided herein (“Cure Period”), the non-breaching party
shall have the right (i) to terminate the Lease, without any penalty or further liability of
the non-breaching party, (ii) to cure the default at the expense of the breaching party,
and (iii) to exercise any and all other rights available to it under law and equity. The
following shall constitute events of default:
(A) Failing to pay Rent when due.
(B) Failing to pay taxes, assessments, insurance payments or other charges
required to be paid by Tenant under this Lease.
(C) Failing to use, maintain and operate the Premises or Property as required
by this Lease.
(D) Assigning or subletting the Premises without the prior written consent of
Landlord, except as permitted by Paragraph 17. Committing waste on the
Premises.
(F) Maintaining, committing or permitting the maintenance or commission of a
nuisance on the Premises.
(G) Denying access to the Premises.
(H) Using the Premises or Property for any unlawful purpose, whether the
purpose is in addition to or in lieu of, the uses specifically permitted by this
Lease.
(I) Failing to comply with the terms and conditions of this Lease within the Cure
Period. At the time the Property transfers to a condemning authority,
pursuant to a taking of all or a portion of the Property sufficient in Tenant’s
determination to render the Premises unsuitable for Tenant’s use. Landlord
and Tenant shall each be entitled to pursue their own separate awards with
respect to such taking.
10. Effect of Termination. No termination of this Lease shall relieve either
party from paying any sum or sums then due and payable under this Lease, or from any
claims for damages accruing under this Lease. No termination will prevent either party
enforcing payment of the sum or sums or claims for damages by any remedy provided
by law. The rights and remedies under this Lease are cumulative and non-exclusive,
and the parties may pursue any of those rights and remedies or any other remedies
provided by Texas law.
11. Waiver. No waiver by either party of a breach of any provision of this Lease
may be deemed or alleged to be a continuing waiver or a waiver of any other breach,
whether the same or of any other covenant, condition or restriction of this Lease.
12. Insurance. Tenant, at its own expense, shall provide and maintain in force
during the term of this Lease liability insurance (covering bodily injury, including death,
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
6
and property damage) in the amount of Two Million Dollars ($2,000,000.00) including
Landlord as an additional insured, with one (1) or more insurance companies authorized
to transact business in Texas. Tenant shall provide Landlord with a certificate of
insurance indicating such coverage prior to beginning any activities under this Lease.
Tenant shall notify Landlord in writing of any cancellation of a required policy that is not
replaced not less than sixty (60) days prior to the effective date of such changes. All
insurance shall be with companies with a “Best’s” Insurance Rating of A- VII or better.
Notwithstanding the foregoing, Tenant shall have the right to self-insure such general
liability coverage.
13. Hold Harmless/Release.
(A) Tenant shall defend, indemnify and hold harmless Landlord and its Town
Council members, officers, agents, representatives and employees from any and all
claims, demands, liabilities and expenses (including reasonable attorney’s fees and
costs of defense) arising from the conduct or management of Tenant’s business on the
Premises or from its use of the Premises; or from any act or negligence of Tenant, its
agents, contractors, employees, subtenants or licensees in or about the Premises,
except to the extent attributable to the negligent or intentional act or omission of Landlord,
its employees, invitees, agents or independent contractors. If any action or proceeding
is brought against Landlord by reason of any such claim, Tenant, upon notice from
Landlord, will defend the action or proceeding by counsel acceptable to Landlord.
(B) Tenant hereby further releases, waives, discharges, holds harmless,
indemnifies and agrees not to sue Landlord, its Town Council members, officers, agents,
employees, and representatives (hereinafter referred to as the “Releasees”), for any and
all rights and claims arising from, including without limitation, the Releasees’ own
negligence which Tenant hereafter and/or which may accrue to Tenant from any and all
damages which may be sustained by Tenant, the Communication Facilities and related
equipment, in connection with the uses described herein and/or the performance of this
Lease. The release and waiver shall be binding on Tenant, its officers, directors, agents,
employees, representatives, servants and assigns.
(C) To the extent allowed by Texas law, Landlord agrees to indemnify, defend
and hold Tenant harmless from and against any and all injury, loss, damage or liability ,
costs or expenses in connection with a third party claim (including reasonable attorneys’
fees and court costs) arising directly from the actions or failure to act of Landlord, its
employees, invitees, agents or independent contractors, or Landlord’s breach of any
provision of this Agreement, except to the extent attributable to the negligent or
intentional act or omission of Tenant, its employees, agents or independent contractors.
(D) The indemnified party: (i) shall promptly provide the indemnifying party
with written notice of any claim, demand, lawsuit, or the like for which it seeks
indemnification pursuant to this Section 13 and provide the indemnifying party with
copies of any demands, notices, summonses, or legal papers received in connection with
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
7
such claim, demand, lawsuit, or the like; (ii) shall not settle any such claim, demand,
lawsuit, or the like without the prior written consent of the indemnifying party; and (iii)
shall fully cooperate with the indemnifying party in the defense of the claim, demand,
lawsuit, or the like. A delay in notice shall not relieve the indemnifying party of its
indemnity obligation, except (1) to the extent the indemnifying party can show it was
prejudiced by the delay; and (2) the indemnifying party shall not be liable for any
settlement or litigation expenses incurred before the time when notice is given.
14. Notices. All notices, requests, demands and other communications
hereunder shall be in writing and shall be deemed given if personally delivered or mailed,
certified mail, return receipt requested, or sent by overnight carrier to the following:
If to Landlord : Town Manager
P.O. Box 307
Prosper, Texas 75078
If to Tenant: New Cingular Wireless PCS, LLC
Attn.: Network Real Estate Administration
Re: Site # DX0038; Name: Dallas North Tollway/Prosper
Road (TX), Fixed Asset # 12842468
575 Morosgo Drive NE
Atlanta, Georgia 30324
With a copy to: New Cingular Wireless PCS, LLC
Attn.: Legal Department – Network Operations
Re: Site # DX0038; Name: Dallas North Tollway/Prosper
Road (TX), Fixed Asset # 12842468
208 S. Akard Street
Dallas, Texas 75202-4206
15. Title and Authority. Landlord covenants and warrants to Tenant that (i)
Landlord solely owns the Property as a legal lot in fee simple, or controls the Property by
lease or license; (ii) the Property is not and will not be encumbered by any liens,
restrictions, mortgages, covenants, conditions, easements, leases, or any other
agreements of record or not of record, which would adversely affect Tenant’s Permitted
Use and enjoyment of the Premises under this Lease; (iii) Landlord has the full right,
power and authority to execute this Lease; (iv) Landlord’s execution and performance of
this Lease will not violate any laws, ordinances, covenants or the provisions of any
mortgage, lease or other agreement binding on Landlord; and (v) it has good and
unencumbered title to the Premises free and clear of any liens or mortgages, except those
disclosed to Tenant. If the Property is or becomes encumbered by a deed to secure a
debt, mortgage or other security interest, then Landlord will provide promptly to Tenant a
mutually agreeable subordination, non-disturbance and attornment agreement executed
by Landlord and the holder of such security interest. Landlord covenants that Tenant may
quietly enjoy the Premises.
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
8
16. Environmental Laws. Landlord and Tenant each represent, warrant
and covenant that it will conduct its activities on the Property in compliance with
all applicable state and/or federal environmental laws. Landlord and Tenant shall
each be responsible for its own environmental liabilities that relate to or arise from its
respective activities on the Property to the extent required by law. In the event Tenant
becomes aware of any hazardous materials on the Property, or any environmental, health
or safety condition or matter relating to the Property, that, in Tenant’s sole determination,
renders the condition of the Premises or Property unsuitable for Tenant’s use, or if Tenant
believes that the leasing or continued leasing of the Premises would expose Tenant to
undue risks of liability to a government agency or other third party, then Tenant will have
the right, in addition to any other rights it may have at law or in equity to terminate this
Lease upon written notice to Landlord.
17. Assignment and Subleasing. Tenant may assign this Lease, in whole or
in part, with prior written notice to Landlord, subject to the assignee assuming all of
Tenant’s obligations herein and subject to any financing entity’s interest, in any, in this
Lease. Additionally, Tenant may, with prior notice to Landlord, mortgage or grant a
security interest in this Lease and the Communication Facilities. Otherwise, this Lease is
not assignable without the prior written consent of Landlord.
18. Successors and Assigns. This Lease shall be binding upon and inure to
the benefit of the parties, their respective successors, personal representatives and
assigns.
19. Miscellaneous Provisions.
(A) This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind that are not set forth herein. Any
amendments to this Lease must be in writing and executed by both parties.
(B) If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker and shall hold the other party
harmless from any claims for commission by such broker.
(C) This Lease shall be construed in accordance with the laws of the State of
Texas. Exclusive venue shall be in Collin County, Texas.
(D) If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect,
(E) This Lease may be executed in any number of counterparts and all such
counterparts shall be deemed to constitute a single lease, and the execution of one (1)
counterpart by any Landlord shall have the same force and effect as if he had signed all
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
9
the other counterparts.
(F) Notwithstanding anything herein to the contrary, neither Landlord nor
Tenant shall be liable for the failure to perform its respective duties under this Lease if
such failure is caused by a catastrophe, riot, war, governmental order or regulation, fire,
accident, act of God, or other similar or different contingency beyond the reasonable
control of Landlord or Tenant.
(G) The parties agree that Landlord has not waived its sovereign immunity by
entering into and performing its obligations under this Lease.
(H) Tenant will comply with all federal, state and local laws, orders, rules and
regulations (“Law(s)”) applicable to Tenant’s use of the Communication Facility and
maintain its equipment in compliance with FCC guidelines. Landlord agrees, if required
by Law, to allow Tenant to post warning signs, in a location approved by Landlord and in
accordance with the Town of Prosper’s Code of Ordinances, as it exists or may be
amended, for the purpose of complying with such Law. Landlord agrees to comply with
all Laws relating to Landlord’s ownership and use of the Property and any improvements
on the Property.
(I) After five (5) years, Tenant may terminate this Lease upon ninety (90) days’
written notice to Landlord.
(J) Nothing in this Lease shall be construed to create any right in any third party
not a signatory to this Lease, and the Parties do not intend to create any third party
beneficiaries by entering into this Lease.
(K) The Parties agree that irreparable damage would occur if any of the
provisions of this Lease were not performed in accordance with their specified terms or
were otherwise breached. Therefore, the parties agree the Parties shall be entitled to
injunctive relief to prevent breaches of the provisions of this Lease and to enforce
specifically the terms and provisions of the Lease this being in addition to any other
remedy to which the Parties are entitled at law or in equity.
(L) Each signatory represents this Lease has been read by the party for which
this Lease is executed and that such party has had an opportunity to confer with its
counsel.
(M) Except for the indemnity obligations set forth in this Lease, and otherwise
notwithstanding anything to the contrary in this Lease, Tenant and Landlord each waives
any claims that each may have against the other with respect to consequential, incidental
or special damages, however caused, based on any theory of liability.
(N) Contemporaneously with the execution of this Lease, the parties will
execute a recordable Memorandum of Lease in mutually agreeable form. Either party
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
10
may record this Memorandum of Lease at any time during the Term, in its absolute
discretion. Thereafter during the Term, either party will, at any time upon fifteen (15)
business days’ prior written notice from the other, execute, acknowledge and deliver to
the other a recordable Memorandum of Lease.
(O) As a condition precedent to payment, Landlord agrees to provide Tenant
with a completed IRS Form W -9, or its equivalent, upon execution of this Lease and at
such other times as may be reasonably requested by Tenant, including any change in
Landlord’s name or address.
20. Condemnation. In the event Landlord receives notification of any
condemnation proceedings affecting the Premises, Landlord will provide notice of the
proceeding to Tenant within twenty-four (24) hours. If a condemning authority takes all
of the Property, or a portion sufficient, in Tenant’s sole determination, to render the
Premises unsuitable for Tenant, this Lease will terminate as of the date the title vests in
the condemning authority. The parties will each be entitled to pursue their own separate
awards in the condemnation proceeds, which for Tenant will include, where applicable,
the value of its Communication Facility, moving expenses, prepaid Rent, and business
dislocation expenses. Tenant will be entitled to reimbursement for any prepaid Rent on a
pro rata basis.
21. Taxes.
(A) Landlord shall be responsible for timely payment of all taxes and
assessments levied upon the lands, improvements and other property of Landlord, if any,
including any such taxes that may be calculated by the taxing authority using any method,
including the income method. Tenant shall be responsible for any taxes and
assessments attributable to and levied upon Tenant’s leasehold improvements on the
Premises if and as set forth in this Section 21. Tenant’s responsibility for taxes under this
Section 21 shall be limited to any proportionate increase in taxes that is attributable to the
value of Tenant’s leasehold improvements. Nothing herein shall require Tenant to pay
any inheritance, franchise, income, payroll, excise, privilege, rent, capital stock, stamp,
documentary, estate or profit tax, or any tax of similar nature, that is or may be imposed
upon Landlord.
(B) In the event Landlord receives a notice of assessment with respect to which
taxes or assessments are imposed on Tenant’s leasehold improvements on the
Premises, Landlord shall provide Tenant with copies of each such notice immediately
upon receipt. For any tax amount for which Tenant is responsible under this Agreement,
Tenant shall have the right to contest, in good faith, the validity or the amount thereof
using such administrative, appellate or other proceedings as may be appropriate in the
jurisdiction, and may defer payment of such obligations, pay same under protest, or take
such other steps as Tenant may deem appropriate. This right shall include the ability to
institute any legal, regulatory or informal action in the name of Tenant, with respect to the
valuation of the Premises. Upon request and where deemed appropriate by Tenant,
Landlord shall assign to Tenant all of Landlord’s right, title and interest in and to any
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
11
protest right or refund claim for taxes for which Tenant is responsible under this Section
21. The expense of any proceedings described in this Section 21(b) shall be borne by
Tenant and any refunds or rebates secured as a result of Tenant’s action shall belong to
Tenant, to the extent the amounts were originally paid or borne by Tenant.
(C) Tenant shall have the right but not the obligation to pay any taxes due by
Landlord hereunder if Landlord fails to timely do so, in addition to any other rights or
remedies of Tenant. In the event that Tenant exercises its rights under this Section 21(c)
due to such Landlord default, Tenant shall have the right to deduct such tax amounts paid
from any monies due to Landlord from Tenant.
(D) Any tax-related notices shall be sent to Tenant in the manner set forth in
Section 14. Promptly after the effective date of this Agreement, Landlord shall provide
the following address to the taxing authority for the authority’s use in the event the
authority needs to communicate with Tenant. In the event that Tenant’s tax addresses
changes by notice to Landlord, Landlord shall be required to provide Tenant’s new tax
address to the taxing authority or authorities.
22. Casualty. Landlord will provide notice to Tenant of any casualty or other
harm affecting the Premises within twenty-four (24) hours of the casualty or other harm.
If any part of the Communication Facility is damaged by casualty or other harm as to
render the Premises unsuitable, in Tenant’s sole determination, then Tenant may
terminate this Lease by providing written notice to Landlord, which termination will be
effective as of the date of such casualty or other harm. Upon such termination, Tenant
will be entitled to collect all insurance proceeds payable to Tenant on account thereof and
to be reimbursed for any prepaid Rent on a pro rata basis. Landlord agrees to permit
Tenant to place temporary transmission and reception facilities on the Property, but only
until such time as Tenant is able to activate a replacement transmission facility at another
location; notwithstanding the termination of this Lease, such temporary facilities will be
governed by all of the terms and conditions of this Lease, including Rent. If Tenant
undertakes to rebuild or restore the Premises and/or the Communication Facility, as
applicable, Landlord agrees to permit Tenant to place temporary transmission and
reception facilities on the Property at no additional Rent until the reconstruction of the
Premises and/or the Communication Facility is completed. Landlord agrees that the Rent
shall be abated until the Property and/or the Premises are rebuilt or restored, unless
Tenant places temporary transmission and reception facilities on the Property.
IN WITNESS WHEREOF, the parties have caused this Lease to be duly executed
as of the date first above written.
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
12
LANDLORD:
TOWN OF PROSPER, TEXAS
By:
Harlan Jefferson, Town Manager,
Town of Prosper
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me on the ___ day of
_______________, 2019, by Harlan Jefferson, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper.
________________________________
Notary Public, State of Texas
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
13
TENANT:
NEW CINGULAR WIRELESS PCS,
LLC, a Delaware limited liability company
By: AT&T Mobility Corporation
Its: Manager
By:
Print Name: Leigh Ann Dodson
Its: Area Manager, RE&C NTX Ops
Date: ________________________
STATE OF TEXAS §
§
COUNTY OF DALLAS §
This instrument was acknowledged before me on the ___ day of
_______________, 2019, by Leigh Ann Dodson, Area Manager, RE&C NTX Ops of AT&T
Mobility Corporation, the Manager of New Cingular Wireless PCS, LLC, on behalf of
Tenant.
________________________________
Notary Public, State of Texas
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
14
EXHIBIT A
Legal Description of the Property
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
15
EXHIBIT B
Site Plan of the Property
EXHIBIT C
Item 4d
Market: Central Region/North Texas
Cell Site NumberDX0038
Cell Site Name:
Search Ring Name:
Fixed Asset Number: 12842468
16
Rendering of Proposed Improvements
Item 4d
LE01OVERALL SITE PLANAT&T SITE NUMBERFRONTIER PARKAT&T SITE NAMEDXL00038ScaleProject numberDateDrawn byChecked byEngineer:Celeris Group Consulting Engineers2000 E. Lamar Blvd., Suite 550Arlington, TX 76006Phone: 817-446-1700Fax: 817-460-0677Registration No: F-13992Celeris Group Consulting Engineers2000 E. Lamar Blvd., Suite 550Arlington, TX 76006Phone: 817-446-1700Fax: 817-460-0677www.celerisgroup.comSTAMP:ZGNo.DescriptionDateALEASE EXHIBIT01/21/18PRELIMINARYNOT FOR CONSTRUCTION18-1072909/26/18JACcelerisCONSULTING ENGINEERSgroupBLEASE EXHIBIT03/06/18CLEASE EXHIBIT08/29/18DLEASE EXHIBIT09/26/18Item 4d
LE02DETAIL SITE PLAN /TOWER ELEVATIONAT&T SITE NUMBERFRONTIER PARKAT&T SITE NAMEDXL00038ScaleProject numberDateDrawn byChecked byEngineer:Celeris Group Consulting Engineers2000 E. Lamar Blvd., Suite 550Arlington, TX 76006Phone: 817-446-1700Fax: 817-460-0677Registration No: F-13992Celeris Group Consulting Engineers2000 E. Lamar Blvd., Suite 550Arlington, TX 76006Phone: 817-446-1700Fax: 817-460-0677www.celerisgroup.comSTAMP:ZGNo.DescriptionDateALEASE EXHIBIT01/21/18PRELIMINARYNOT FOR CONSTRUCTION18-1072909/26/18JACcelerisCONSULTING ENGINEERSgroupBLEASE EXHIBIT03/06/18CLEASE EXHIBIT08/29/18DLEASE EXHIBIT09/26/18Item 4d
Page 1 of 1
To: Mayor and Town Council
From: Dan Heischman, Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2019
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between the Town of Prosper, Texas, and Lakes of Legacy LLC., related to early issuance of building
permits for the Lakes of Legacy, Phase 1 development.
Description of Agenda Item:
Lakes of Legacy, LLC, is developing the Lakes of Legacy, Phase 1 subdivision, which is located at
the southwest corner of Prairie Drive and Legacy Drive. At this time, the construction of the public
utilities and roadways are complete and ready for final acceptance. However, due to weather and
other delays, the electric provider has been unable to install overhead power poles along Prairie that
will serve the 24 residential lots on the west side of their “chain of lakes.” The overhead power poles
are currently under construction, but due to obligations to the home builder, the developer is
requesting early permits for the lots on the east side of said lakes that fully meet Town standards
with the exception of the overall development not having electrical power as described above.
The agreement will allow building permits for the 90 residential lots as well as an amenity center lot
to be issued and restrict building permits on the 24 lots on the western side. The attached agreement
clarifies the obligations of Lakes of Legacy, LLC, and the Town of Prosper related to early issuance
of building permits for the Lakes of Legacy, Phase 1 development.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and legality.
Attached Documents:
1.Development Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a
Development Agreement between the Town of Prosper, Texas, and Lakes of Legacy, LLC, related
to early issuance of building permits for the Lakes of Legacy, Phase 1 development.
Proposed Motion:
I move to authorize the Town Manager to execute a Development Agreement between the Town of
Prosper, Texas, and Lakes of Legacy, LLC, related to early issuance of building permits for the Lakes
of Legacy, Phase 1 development.
Prosper is a place where everyone matters.
ENGINEERING
DEPARTMENT
Item 4e
Lakes at Legacy Phase 1 Development Agreement Page 1
TOWN OF PROSPER AND LAKES AT LEGACY LLC
DEVELOPMENT AGREEMENT
THIS TOWN OF PROSPER AND LAKES AT LEGACY LLC DEVELOPMENT
AGREEMENT ("Agreement") is made and entered into this ____ day of _______________,
2019, by and between the Town of Prosper, Texas (hereinafter referred to as the "Town"), and
Lakes at Legacy, LLC (hereinafter referred to as "Owner").
W I T N E S S E T H:
WHEREAS, Owner is developing a residential subdivision known as Lakes at Legacy,
Phase 1, generally located west of Legacy Drive and south of Prairie Drive which contains
50.717 gross acres, more or less, as more particularly described in Exhibit A attached hereto and
incorporated by reference (the "Property"); and
WHEREAS, Owner has nearly completed the construction of Lakes at Legacy, Phase 1
public infrastructure and has requested that the Town permit the issuance of building permits so
that construction of single-family residences and an amenity center may proceed; and
WHEREAS, Owner and the Town agree and acknowledge that overhead electric power
lines to provide electric service to the lots located in Blocks B and C of Phase 1 is necessary to
enhance the safety of the public; and
WHEREAS, the Town is agreeable to the issuance of building permits, subject to the
terms and conditions contained herein.
NOW, THEREFORE, in consideration of the foregoing premises and for other good
and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the
Town and Owner covenant and agree as follows:
1. Town Issuance of Building Permits: Developer Obligations.
A. Upon execution of this Agreement by the Town and Owner, subject to the
provisions hereinafter referenced in Subpart B of this Paragraph, the Town agrees that building
permits may be released and issued for Lots 2X and 3-11, Block F; Lots 1-35, Block G; Lots 1-
25, Block H; and Lots 1-21, Block I of the Property.
B. The Town agrees that it shall release and issue building permits prior to Owner
completing the following improvements: the installation of an overhead electric power line
servicing the Blocks B and C of the Property.
C. Upon completion of the installation of the overhead electric power line servicing
the Blocks B and C of the Property, Town agrees that it shall release and issue building permits
for the entirety of Lakes at Legacy, Phase 1.
Item 4e
Lakes at Legacy Phase 1 Development Agreement Page 2
D. Owner and its heirs, successors, assigns, vendors, grantees, and/or trustees
do hereby agree to waive all claims, release, indemnify and hold harmless Town from any
and all claims, suits, judgments, and demands, including its costs and reasonable attorney's
fees, brought pursuant to or arising out of the performance of this Agreement.
2. Other Obligations of Owner. Nothing herein shall relieve the Owner from
responsibilities for the construction of other public improvements under applicable development
ordinances of the Town.
3. Applicable Laws and 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. Venue for any action arising under
this Agreement shall lie in Collin County, Texas.
4. Notices. Any notices required or permitted to be given hereunder shall be given
by certified or registered mail, return receipt requested, to the addresses set forth below or to
such other single address as either party hereto shall notify the other:
If to the Town: Town of Prosper, Texas
P.O. Box 307
Prosper, Texas 75078
Att'n: Town Manager's Office
If to the Owner: Lakes at Legacy LLC
10950 Research Road
Frisco, Texas 75033
Att'n: Mr. Craig Curry
5. Prevailing Party. In the event any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to recover its reasonable costs and attorney's fees
(including its reasonable costs and attorney's fees on any appeal). Nothing herein shall constitute
a waiver of any claim or defense that could be asserted in any litigation related to this
Agreement, and this Agreement is not subject to Section 271.152 of the Texas Local
Government Code, as amended.
6. Entire Agreement. This Agreement contains the entire agreement between the
parties hereto 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.
7. Facsimiles. A telecopied facsimile of a duly executed counterpart of this
Agreement shall be sufficient to evidence the binding agreement of each party to the terms
herein.
Item 4e
Lakes at Legacy Phase 1 Development Agreement Page 3
8. Town Manager Authorized to Execute Agreement. The Town Council hereby
authorizes the Town Manager of the Town of Prosper to execute this Agreement on behalf of the
Town.
9. 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.
10. Filing in Deed Records. This Agreement shall be filed in the deed records of
Denton County, Texas. Upon any sale or other transfer of any ownership rights in the Property,
Owner shall notify the Town in writing of such sale or transfer within ten (10) business days of
such sale or transfer. This is a material term of this Agreement.
11. Signatory Authority. 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. Owner warrants and represents that the individual executing
this Agreement on its behalf has full authority to execute this Agreement and bind Owner to
same.
12. Binding Obligation. This Agreement is and shall be binding upon Owner, its
successors, heirs, assigns, grantees, vendors, trustees, representatives, and all others holding any
interest now or in the future.
13. Non-binding 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.
14. Attorney's Fees. Owner agrees to pay, or cause to be paid, to the Town any
attorney's fees charged to the Town by the Town's legal counsel for, among other things,
preparation of, legal review of and any revisions to this Agreement and all further agreements,
ordinances or resolutions contemplated by this Agreement, and the provision of advice to
applicable Town Staff and the Town Council, in an amount not to exceed $5,000.00 within ten
(10) days upon receipt of an invoice of same from the Town.
15. Covenant Running with Land. This Agreement shall be a covenant running
with the land and shall be binding upon and inure to the benefit of Owner, and its successors and
assigns. In addition, the parties shall cause this Agreement to be filed in the Deed Records of
Denton County, Texas.
16. Sovereign Immunity. The parties agree that the Town has not waived its
sovereign or governmental immunity by entering into and performing its obligations under this
Agreement; however, for purposes of enforcement of this Agreement, Town agrees that it has
waived its sovereign immunity, and to that extent only.
Item 4e
Lakes at Legacy Phase 1 Development Agreement Page 4
17. 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.
18. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
19. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original if properly executed.
20. Application of Town Ordinances. The signatories hereto shall be subject to all
applicable ordinances of the Town, whether now existing or in the future arising. This
Agreement shall confer no vested rights on the Property unless specifically enumerated herein.
[Remainder of Page Intentionally Left Blank]
Item 4e
Lakes at Legacy Phase 1 Development Agreement Page 5
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the date first above written.
THE TOWN:
THE TOWN OF PROSPER, TEXAS
By: ________________________________________
Name: Harlan Jefferson
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of ________________,
2019, by Harlan Jefferson, Town Manager of the Town of Prosper, Texas, on behalf of the Town
of Prosper, Texas.
____________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Item 4e
Lakes at Legacy Phase 1 Development Agreement Page 6
OWNER:
LAKES AT LEGACY LLC,
a Texas limited liability company
By: ________________________________________
Name: Craig Curry
Its Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ____ day of ________________,
2019, by Craig Curry, Manager of Lakes at Legacy LLC, a Texas limited liability company, on
behalf of said company.
____________________________________
Notary Public, State of Texas
My Commission Expires:
___________________________
Item 4e
Exhibit A – Legal Description of the Property – Page 1
Lakes at Legacy Phase 1 Development Agreement
EXHIBIT A
Legal Description of the Property
BEING a tract of land situated in the L. Netherly Survey, Abstract No. 962, Town of Prosper,
Denton County, Texas and being a portion of Lot 1, Block C of Prosper Center, Lots 1, 2, 3, & 4,
Block A, Lot 1, Block B, Lot 1, Block C, Lot 1, Block D, according to the Conveyance Plat
thereof recorded in Instrument No. 2015-242 of the Plat Records of Denton County, Texas, also
recorded in Volume 2015, Page 344 of the Plat Records of Collin County, Texas, and being more
particularly described as follows:
BEGINNING at a 5/8-inch iron rod with a plastic cap stamped "KHA" set for the northerly
northeast corner of said Lot 1, Block C, and at the north end of a corner clip at the intersection of
the southerly right of way line of Prairie Drive, a variable width right-of-way, with the westerly
right of way line of Legacy Drive, a variable width right-of-way, both recorded in said
Conveyance Plat;
THENCE South 4°23'46" East, departing the southerly right-of-way line of said Prairie Drive,
along the northerly line of said Lot 1, Block C, and along said corner clip, a distance of 35.36
feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for the southerly northeast
corner of said Lot 1, Block C and at the south end of said corner clip, being on the westerly right-
of-way line of said Legacy Drive;
THENCE along the easterly line of said Lot 1, Block C, and along the westerly right-of-way line
of said Legacy Drive, the following courses:
South 40°36'14" West, a distance of 185.67 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 49°23'46" East, a distance of 70.00 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 40°36'14" West, a distance of 376.97 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set at the beginning of a tangent curve to the left having a central angle
of 41°57'06", a radius of 1400.00 feet, a chord bearing and distance of South 19°37'41"
West, 1002.33 feet;
In a southwesterly direction, with said curve to the left, an arc distance of 1025.08 feet to
a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner;
South 1°20'52" East, a distance of 54.42 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for the southeast corner of said Lot 1, Block C, being on the
northerly line of a called 816.4 acre tract of land described in a deed to Bert Fields Jr., as
recorded in Volume 523, Page 687 of the Official Record of Denton County, Texas;
Item 4e
Exhibit A – Legal Description of the Property – Page 2
Lakes at Legacy Phase 1 Development Agreement
THENCE South 89°30'27" West, departing the westerly right-of-way line of said Legacy Drive,
along the southerly line of said Lot 1, Block C, and the northerly line of said 816.4 acre tract, a
distance of 61.72 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner;
THENCE departing the southerly line of said Lot 1, Block C, and the northerly line of said
816.4 acre tract, and crossing said Lot 1, Block C, the following courses:
North 2°28'06" East, a distance of 25.75 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 1°20'52" West, a distance of 27.80 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set at the beginning of a non-tangent curve to the right having a central
angle of 20°50'22", a radius of 1460.00 feet, a chord bearing and distance of North
9°04'19" East, 528.11 feet;
In a northeasterly direction, with said curve to the right, an arc distance of 531.03 feet to
a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner;
North 70°30'30" West, a distance of 42.00 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 71°02'40" West, a distance of 120.88 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set at the beginning of a non-tangent curve to the left having a central
angle of 0°49'00", a radius of 725.00 feet, a chord bearing and distance of South
20°07'41" West, 10.33 feet;
In a southwesterly direction, with said curve to the left, an arc distance of 10.33 feet to a
5/8-inch iron rod with a plastic cap stamped "KHA" set for corner;
North 70°16'49" West, a distance of 50.00 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set at the beginning of a non-tangent curve to the right having a central
angle of 0°59'28", a radius of 775.00 feet, a chord bearing and distance of North
20°12'55" East, 13.41 feet;
In a northeasterly direction, with said curve to the right, an arc distance of 13.41 feet to a
5/8-inch iron rod with a plastic cap stamped "KHA" set for corner;
North 77°19'20" West, a distance of 189.22 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 79°42'48" West, a distance of 472.63 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 89°28'09" West, a distance of 276.89 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
Item 4e
Exhibit A – Legal Description of the Property – Page 3
Lakes at Legacy Phase 1 Development Agreement
South 89°30'27" West, a distance of 371.39 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 80°41'12" West, a distance of 70.66 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 79°10'11" West, a distance of 240.71 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set at the beginning of a non-tangent curve to the right having a central
angle of 11°46'33", a radius of 275.00 feet, a chord bearing and distance of North
24°43'35" East, 56.42 feet;
In a northeasterly direction, with said curve to the right, an arc distance of 56.52 feet to a
5/8-inch iron rod with a plastic cap stamped "KHA" set at the beginning of a reverse
curve to the left having a central angle of 19°16'39", a radius of 325.00 feet, a chord
bearing and distance of North 20°58'32" East, 108.83 feet;
In a northeasterly direction, with said curve to the left, an arc distance of 109.35 feet to a
5/8-inch iron rod with a plastic cap stamped "KHA" set for corner;
South 82°11'29" East, a distance of 189.41 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 40°36'53" East, a distance of 63.65 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 88°12'37" East, a distance of 87.52 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 89°38'51" East, a distance of 245.25 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 0°21'09" East, a distance of 130.95 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 89°38'51" East, a distance of 170.38 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 0°21'09" East, a distance of 631.64 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 88°24'25" West, a distance of 136.78 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 44°22'47" West, a distance of 14.38 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
Item 4e
Exhibit A – Legal Description of the Property – Page 4
Lakes at Legacy Phase 1 Development Agreement
South 0°21'09" West, a distance of 10.15 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 89°38'51" West, a distance of 50.00 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 0°21'09" East, a distance of 43.47 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 88°24'25" West, a distance of 700.40 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 0°21'09" East, a distance of 120.07 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 88°24'25" West, a distance of 37.41 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 1°35'35" West, a distance of 50.00 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 88°24'25" East, a distance of 10.50 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 43°24'25" East, a distance of 14.14 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 1°35'35" West, a distance of 140.57 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
North 46°35'41" West, a distance of 35.35 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 88°24'14" West, a distance of 75.00 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set at the beginning of a tangent curve to the right having a central angle
of 11°22'30", a radius of 290.00 feet, a chord bearing and distance of North 85°54'31"
West, 57.48 feet;
In a northwesterly direction, with said curve to the right, an arc distance of 57.57 feet to a
5/8-inch iron rod with a plastic cap stamped "KHA" set at the beginning of a reverse
curve to the left having a central angle of 5°19'58", a radius of 270.00 feet, a chord
bearing and distance of North 82°53'15" West, 25.12 feet;
In a northwesterly direction, with said curve to the left, an arc distance of 25.13 feet to a
5/8-inch iron rod with a plastic cap stamped "KHA" set for corner, on the northerly line
of said Lot 1, Block C and the southerly right-of-way line of aforesaid Prairie Drive;
Item 4e
Exhibit A – Legal Description of the Property – Page 5
Lakes at Legacy Phase 1 Development Agreement
THENCE along the northerly lone of said Lot 1, Block C and he southerly right-of-way line of
said Prairie Drive, the following courses:
North 88°24'14" East, a distance of 1784.66 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set at the beginning of a tangent curve to the right having a central angle
of 34°50'13", a radius of 1286.86 feet, a chord bearing and distance of South 74°10'40"
East, 770.44 feet;
In a southeasterly direction, with said curve to the right, an arc distance of 782.43 feet to
a 5/8-inch iron rod with a plastic cap stamped "KHA" set for corner;
South 49°38'19" East, a distance of 144.64 feet to a 5/8-inch iron rod with a plastic cap
stamped "KHA" set for corner;
South 49°23'46" East, a distance of 124.08 feet to the POINT OF BEGINNING and
containing 50.717 acres (2,209,220 square feet of land), more or less.
Item 4e
Item 4e
Item 4e
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2019
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning
& Zoning Commission on any Site Plan or Preliminary Site Plan.
Description of Agenda Item:
Attached are the Site Plans that were acted on by the Planning & Zoning Commission at their
February 5, 2019, meeting. Per the Zoning Ordinance, the Town Council has the ability to direct
staff to submit a written notice of appeal on behalf of the Town Council to the Development
Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning &
Zoning Commission.
Attached Documents:
1.Site Plan for 306 Broadway Street (Beauty Salon)
2.Site Plan for Prosper ISD Middle School No. 4
3.Site Plan for Windmill Hill
4.Site Plan for Windsong Ranch Townhomes
Attachment Summary:
Project
Name Type Location
Building
Size
Existing/
Proposed
Uses
Known
Tenant(s)
306
Broadway
Site
Plan
South side of
Broadway Street, west
of Church Street
1,800 sq. ft. Beauty Salon Pink House
Salon
PISD Middle
School No.
4
Site
Plan
North side of Fishtrap
Road, east of Teel
Parkway
176,936
sq. ft.
Public Middle
School
PISD
Windmill Hill Site
Plan
South side of
Broadway Street, west
side of Preston Road
23,127 sq.
ft.
(3 buildings)
Office Unknown
Windsong
Ranch
Townhomes
Site
Plan
West side of Teel
Parkway, south of
Fishtrap Road
N/A Townhome N/A
Prosper is a place where everyone matters.
PLANNING
Item 4f
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Item 4f
9'18'5.5'5' LANDSCAPEBUFFER5' LANDSCAPE
BUFFER
18'9'5.5'PROP. 5'
SIDEWALK
5' LANDSCAPE
BUFFER
24'9'
38.1'44.1'11'
10'
2'32.92'58.12'
36.85'72.57'5'
27.19'
17.14'
22.07'
1,800 SF
EX SIDEWALK
EX FENCE
PROPOSED 6' CEDAR
BOARD-ON-BOARD FENCE
WITH TOP RAIL AND METAL
POSTS IN CONCRETE TO
REPLACE EXISTING FENCE
EX SIDEWALK 7327337
3
1
73
2 726730727728729725EAST 124.83'S 00° 45' 06" W 140.01'WEST 123.40'N 00° 10' 00" E 140.00'733.83'
(REF. BEARING)
ELEV. = 726.24'
1/2" IRF
1/2" IRF
CM
1/2" IRF
726FINISHED FLOOR
CM-TBM
E. BROADWAY STREET
(BROADWAY PER PLAT)
(100' R.O.W.)
20' ALLEY
LOT 5
731A/CEM
WT WATER METER
TELE. PED.
0.399 AC.
17,376 SQ. FT.
MAG NAIL
SET
GM
STORM
SHELTER
58.38'62.98'EXSTORM
SHELTER
EX. EDGE
OF PAVEMENT
25' LANDSCAPEBUFFER100' TxDOT R.O.W.EX. 18' DRIVE
R100'
R1
8
'
R100'R15'R9.5
'
2' ± ASPHALT
PAVEMENT DRIVEWAY
WIDENING
5.5'
PROPOSED 3'x3'
RIP-RAP FOR
EROSION CONTROL
DATENo.REVISIONBYDATE:
SHEET
File No. 2018-171
01/11/2019
CHECKED:MAM
DRAWN:LRR
DESIGN:LRROFFICE BUILDING306 E. BROADWAY STPROSPER, TXTEXAS REGISTRATION #14199
1903 CENTRAL DR. SUITE #1PHONE: 817.281.0572BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMPRELIMINARY
CLAYMOORE ENGINEERING
LEGEND
ASPHALT PAVEMENT TO MATCH
EXISTING
HEAVY DUTY CONCRETE PAVEMENT
LIGHT DUTY CONCRETE PAVEMENT
CONCRETE SIDEWALK PER TOWN OF
PROSPER STANDARDS
PROPOSED CURB AND GUTTER
PARKING COUNT
0
GRAPHIC SCALE
1 inch = ft.
10 10 20
10
5
TOWN OF PROSPER SITE PLAN GENERAL NOTES:
1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE
ZONING ORDINANCE.
2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING
ORDINANCE.
3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED
WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.
4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.
5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING
ORDINANCE.
6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.
ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT.
7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED
BY THE FIRE DEPARTMENT.
8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES.
9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.
10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE
AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT,
ADOPTED BUILDING CODE.
11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.
12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT
TO BUILDING OFFICIAL APPROVAL.
13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND
SHALL CONFORM TO THE APPROVED FAÇADE PLAN.
14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND
COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE
RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS.
15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY
THE ENGINEERING DEPARTMENT.
16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.
17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND.
18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH
THE ZONING ORDINANCE.
19. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S)
IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED
LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT
FEES AND/OR PARKING REQUIREMENTS.
20. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED.
ACCORDING TO MAP NO. 48085C0235 J, DATED JUNE 2, 2009 OF THE NATIONAL
FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN
COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL
INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X"
(UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA.
FLOODPLAIN NOTE
COUNTY SURVEY:ABSTRACT NO.
COLLIN
CITY:STATE:
TOWN OF PROSPER TEXAS
LEGAL DESCRIPTION:
OWNER:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
SURVEYOR:
PREMIER SURVERYING
5700 W PLANO PARKWAY. SUITE #1200
PLANO, TX 75093
972.612.3601
LOTS 3 & 4 AND PORTION OF LOT 2,
BLOCK 19, BRYANT'S ADDITION
CONTACT NAME: MATT MOORE
CONTACT NAME: ROBERT PAUL, JR.
SITE PLAN
CASE # D18-0129
306 E BROADWAY ST
STEVEN & VICKY HAMMOND
2700 CHEVERNY DRIVE
McKINNEY, TX 75070
469-514-8483
VICINITY MAP
N.T.S.
E 6TH ST
E 5TH ST
E BROADWAY ST
E 3RD ST
E 2ND ST
E 1ST ST N CHURCH STN HALL STN PARVIN STSITEN COLEMAN STSP-1TOWN SITE PLANItem 4f
Prosper
Independent
School
Districtrevisionno.dateby
date
scale
vert
horiz
tnp project
sheet
teague nall and perkins, inc
5237 N. Riverside Drive, Suite 100
Fort Worth, Texas 76137
817.336.5773 ph 817.336.2813 fx
www.tnpinc.com
TBPE: F-230; TBPLS: 10011600, 10011601, 10194381
HUC18414Town of Prosper, Texas
Prosper Independent School District
Middle School No. 4
JAN 2019
1"=100'
N/A
SITE PLAN
SITE PLAN NOTES
BUILDING AREA SUMMARY
SITE DATA SUMMARY
FEMA NOTE
WATER METER TABLE
SITE PLAN FOR
PROSPER MIDDLE SCHOOL No. 4
PROSPER SCHOOL CHURCH ADDITION
BLOCK A, LOT 1
L. NETHERLY SURVEY, ABSTRACT NO. 962
TOWN OF PROSPER, DENTON COUNTY, TEXAS
DATE PREPARED: JANUARY 2019
TOWN CASE #D18-0131
LEGEND
NOTES:
Item 4f
Scale: 1"=50' January, 2019 SEI Job No. 18-065
SITE PLAN
WINDMILL HILL
BLOCK A, LOT 1
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
COLLIN COUNTY SCHOOL LAND SURVEY, ABST. NO. 147
430,335 Sq. Ft./9.879 Acres
Current Zoning: PD-93 OFFICE/RETAIL
Town Case #D19-0002
OWNER / APPLICANT
BG-GBT Preston & Broadway, LP
9550 John W. Elliott Dr., Suite 106
Frisco, TX 75033
Telephone: (972) 347-9900
Contact: Teague Griffin
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121
Contact: David Bond
LOCATION MAP
1" = 1000'
PROJECT
LOCATION
variable width R.O.W.
Doc. No. 20080620000752430
DRCCT
remainder of 2.749 Ac.Vol. 1300, Pg. 109 DRCCTremainder of 3.934 Ac.
Vol. 684, Pg. 178 DRCCTVol. 6, Pg. 76 DRCCTvariable width R.O.W.(also known as Preston Road)Doc. No. 94-0094512 DRCCTvariable width R.O.W.Item 4f
OHE OHE OHE OHE OHE
XXXXXXXXXXXXXXXXXXXXXXXXXXXXTEL TELFOCFOC FOC FOC
POINT OF
BEGINNING
Doc. No. 2018-87 PRDCT
Zoned: PD-40
Doc. No. 2018-87 PRDCT
Zoned: PD-40
POINT OF COMMENCING -
CORNER OF C. SMITH
SURVEY, ABSTRACT NO.
1681
Doc. No. 2008-50523 OPRDCT
Land Use: AG
Future Land Use: Retail/Commercial
Zoned: PD-48
XXXXXDoc. No. 2016-168 PRDCT
PHASE 1A
PHASE 1BPHASE 2A
PHASE 3B
PHASE 4A
PHASE 3C & 3D
PHASE
4D PHASE
4D
PHASE
3A2
PHASE
3A1
PHASE 1D
PHASE 2B
PHASE 4B
PHASE 4C
PHASE 1C PHASE 2E PHASE
2D-2
PHASE 2D-1
PHASE 2C-1SCHOOL
LOCATION MAP
N.T.S.
SITE
CASE NO. D19-0005
SITE PLAN
WINDSONG RANCH PHASE 2C-2
21.441 ACRES OUT OF THE
C. SMITH SURVEY ABST. NO. 1681
TOWN OF PROSPER
DENTON COUNTY, TEXAS
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121
Contact: Matt Dorsett
OWNER / APPLICANT
VP Windsong Operations LLC
2242 Good Hope Road
Prosper, Texas 75078
Telephone (972) 238-7410
Contact: David Blom
SITE PLAN NOTES
Item 4f
XXXXXXXXXXXXXXXXXXXXXXXDoc. No. 2016-168 PRDCT
Zoned: PD-40
Doc. No. 2016-2076 PRDCT
Zoned: PD-40
Doc. No. 2008-50523 OPRDCT
Land Use: AG
Future Land Use: Retail/Commercial
Zoned: PD-48XXXXX PHASE 1A
PHASE 1BPHASE 2A
PHASE 3B
PHASE 4A
PHASE 3C & 3D
PHASE
4D PHASE
4D
PHASE
3A2
PHASE
3A1
PHASE 1D
PHASE 2B
PHASE 4B
PHASE 4C
PHASE 1C PHASE 2E PHASE
2D-2
PHASE 2D-1
PHASE 2C-1SCHOOL
LOCATION MAP
N.T.S.
SITE
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121
Contact: Matt Dorsett
OWNER / APPLICANT
VP Windsong Operations LLC
2242 Good Hope Road
Prosper, Texas 75078
Telephone (972) 238-7410
Contact: David Blom
CASE NO. D19-0005
SITE PLAN
WINDSONG RANCH PHASE 2C-2
21.441 ACRES OUT OF THE
C. SMITH SURVEY ABST. NO. 1681
TOWN OF PROSPER
DENTON COUNTY, TEXAS
SITE PLAN NOTES
Item 4f
Page 1 of 3
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2019
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance rezoning a portion of Planned
Development-3-Single Family (PD-3-SF) to Planned Development-Office (PD-O), on 12.9± acres,
located south of Prosper Trail, west of Cook Lane, to allow for the development of a Town Public
Safety Facility. (Z18-0018).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property Planned Development-3 Undeveloped Business Park
North Planned Development-33 Undeveloped Business Park
East Single Family-15 Undeveloped Business Park
South Planned Development-3 Undeveloped Business Park
West Agricultural Undeveloped Business Park
The purpose of the proposed PD is to rezone a portion of PD-3 to PD-Office to allow for the
development of the new Police Department and Dispatch facility and future Fire Department
administrative offices, fire station, and training facilities. Two (2) Town of Prosper communication
towers will be constructed on the site for Town-use only.
Exhibit C allows for the two (2) communication towers and sets the maximum height of the towers
at seventy (70) feet. A future Police and Fire training structure is also permitted and is limited to
four (4) stories or a maximum height of sixty (60) feet.
Prosper is a place where everyone matters.
PLANNING
Item 6
Page 2 of 3
As shown on Exhibit D, the development consists of four (4) buildings, totaling 120,864 square
feet and two (2) communication towers. The south side of the building and parking for Police and
staff vehicles will be gated to restrict access. An ornamental fence and living screen will be
provided along the east and south sides of this area. Public parking will be located on the north
side of the building. The future east-west collector and the extension of Cook Lane to serve this
facility are under design and construction will begin in a few months.
Exhibit F illustrates the architecture for the Police and Dispatch building and future structures will have
similar architecture and building materials. The proposed elevations comply with the Zoning
Ordinance.
Future Land Use Plan – The Old Town insert of the Future Land Use Plan recommends Business
Park uses for the property; the proposed development conforms to the Future Land Use Plan.
Thoroughfare Plan – The property will have direct access to Cook Lane and a future east-west
collector street. Both streets are two-lane commercial collectors and will be constructed with the
development of the site. The zoning exhibit complies with the Thoroughfare Plan.
Water and Sanitary Sewer Services – Water and sanitary sewer services will be extended to the
property with the development of the site.
Access and Circulation – The property will have access to Cook Lane and an east-west two-lane
collector. Adequate access is provided to the property.
Schools – This property is served by the Prosper Independent School District. It is not anticipated
that a school site will be needed on this property.
Parks – It is not anticipated that this property will be needed for the development of a park.
Environmental Considerations – There is 100-year floodplain on the property.
Legal Obligations and Review:
Notification was provided to neighboring property owners, as required by state law. Town staff
has not received a Public Hearing Notice Reply Form. Town Attorney, Terrence Welch of Brown
& Hofmeister, L.L.P., has approved the standard ordinance as to form and legality.
Attached Documents:
1. Location and Zoning Maps
2. Ordinance
3. Proposed Exhibits A, B, C, D, E, and F
Planning & Zoning Commission Recommendation:
At their February 5, 2019 meeting, the Planning & Zoning Commission recommended the Town
Council approve the request by a vote of 7-0.
Town Staff Recommendation:
Town staff recommends the Town Council approve this ordinance.
Item 6
Page 3 of 3
Proposed Motion:
I move to approve the request to approve an ordinance rezoning a portion of Planned
Development-3-Single Family (PD-3-SF) to Planned Development-Office (PD-O), on 12.9± acres,
located south of Prosper Trail, west of Cook Lane, to allow for the development of a Town Public
Safety Facility.
Item 6
Z18-0018
FIRST ST COLEMAN STDALLAS PKWYCOOK LNMAIN STSHAWNEE TRLFIFTH ST
SECOND STMCKINLEY STBROADWAY ST
SIXTH STASHBURY LNINDUSTRY WAY
STAR TRACE PKWY
SEVENTH ST GRAY LNTHIRD STTECHNOLOGY LN±0 0.1 0.20.05 Miles
Item 6
Z18-0018
S-18
S-12
PD-33
PD-66
PD-3
PD-26
PD-66
PD-66
PD-26
PD-52
PD-80
PD-67
PD-72
PD-42 PD-67
PD-26
PD-41
PD-45
PD-37
PD-78
O
R
SF
A
O/I
R
R
SF-15
SF
DTC
C
C
AA
C
RO/I
CCCC
SF-15
SF-15
CC
DTR
SF-15
C
MC
O/I
CC
SF-15
A
DTO
SF-15
C
SF-15
DTO
SF-15
C
C
SF-15
C
C
R
DTR
SF-10
M
DTR
M
DTO
DTOC
SF-15
DTR
DTR
DTR
DTOFIRST ST COLEMAN STDALLAS PKWYCOOK LNMAIN STSHAWNEE TRLFIFTH ST
SECOND STMCKINLEY STBROADWAY STASHBURY LNINDUSTRY WAY
STAR TRACE PKWY GRAY LNTHIRD STTECHNOLOGY LN±0 0.1 0.20.05 Miles
Item 6
TOWN OF PROSPER, TEXAS ORDINANCE NO. 19-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE NO. 05-20;
REZONING A TRACT OF LAND CONSISTING OF 12.949 ACRE S, MORE OR
LESS, SITUATED IN THE COLLIN COUNTY SCHOOL LAND NO. 12 SURVEY,
ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, HERETOFORE ZONED PLANNED DEVELOPMENT-3 (PD-3) IS
HEREBY REZONED AND PLACED IN THE ZONING CLASSIFICATION OF
PLANNED DEVELOPMENT-95-OFFICE (PD-95-O); DESCRIBING THE TRACT
TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF
THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has
investigated and determined that the Town’s Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”), has submitted a request to rezone
12.949 acres of land, more or less, situated in the Collin County School Land No. 12 Survey,
Abstract No. 147, in the Town of Prosper, Collin County, Texas; and
WHEREAS, the Town Council has investigated into and determined that the facts
contained in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, and public hearings have been held on the proposed rezoning and all
other requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendments to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below-described
property containing 12.949 acres of land, more or less, situated in the Collin County School
Land No. 12 Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the
“Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby
rezoned as Planned Development-95-Office (PD-95-Office). The property as a whole and the
boundaries for each zoning classification are more particularly described in Exhibit “A” attached
hereto and incorporated herein for all purposes as if set forth verbatim.
Item 6
Ordinance No. 19-__, Page 2
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the Statement of Intent and Purpose,
attached hereto as Exhibit “B”; 2) the Planned Development Standards, attached hereto as
Exhibit “C”; 3) the Site Plan, attached hereto as Exhibit “D”; 4) the Development Schedule and
Phasing Plan, attached hereto as Exhibit “E”; and 5) the Elevations, attached hereto as Exhibit
“F”; which are incorporated herein for all purposes as if set forth verbatim.
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance shall
be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not
exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this
Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all
legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
Item 6
Ordinance No. 19-__, Page 3
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance shall remain in full force and
effect, save and except as amended by this or any other Ordinance. All provisions of any
ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict;
but such repeal shall not abate any pending prosecution for violation of the repealed ordinance,
nor shall the appeal prevent a prosecution from being commenced for any violation if occurring
prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain
in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF FEBRUARY, 2019.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Item 6
EXHIBIT "A" - TOWN OF PROSPER POLICE STATION PHASE ONEVICINITY MAP
COUNTY
MAPSCO
PROJECT LOCATION
COLLIN
D256 J
NOTES
DESCRIPTION OF PROPERTY SURVEYED
SURVEYOR'S CERTIFICATE
Item 6
Z18-0018
EXHIBIT “B”
STATEMENT OF INTENT AND PURPOSE
The purpose is to rezone a portion of Planned Development-3 to Planned Development-Office.
The proposed development will serve as the Public Safety facilities for the Town of Prosper. The
facilities will consist of Police Department and Dispatch headquarters, Fire Department
Administrative offices and fire station, communication antennas, and future Police and Fire
training facilities including a tower structure and other support buildings as necessary.
Item 6
Z18-0018
EXHIBIT “C”
PLANNED DEVELOPMENT STANDARDS
The proposed development will conform to the development standards of the Office (O) District
of the Town of Prosper’s Zoning Ordinance, as it exists or may be amended, and Subdivision
Ordinance, as it exists or may be amended, except as otherwise set forth in these Development
Standards.
1. Except as noted below, the Tract shall develop in accordance with the Office (O) District
requirements of the Town of Prosper’s Zoning Ordinance, as it exists or may be amended.
2. Development Plans.
a. Concept Plan: The tract shall be developed in general accordance with the attached
concept plan, set forth in Exhibits D.
b. Elevations: The tract shall be developed in general accordance with the attached
elevations, set forth in Exhibits F.
3. Uses. Uses shall be permitted in accordance with the Office (O) District exception as follows:
a. Two (2) Town of Prosper communication towers are permitted by right.
4. Regulations.
a. The proposed Fire and Police training structure is limited to a maximum of four (4) stories
or sixty (60) feet in height.
b. The two (2) Town of Prosper communication towers are limited to a maximum of seventy
(70) feet in height.
Item 6
PUBLIC SAFETY FACILITIESNO.DATEREVISIONDESIGNDRAWNDATESCALENOTESFILENO.PROSPER POLICE STATIONTOWN OF PROSPER, COLLIN COUNTY, TEXASNOT FOR CONSTRUCTIONEX DEXHIBIT DVICINITY MAPCOUNTYMAPSCOPROJECT LOCATIONCOLLIND256 JSITE INFORMATION - PROSPER POLICE STATIONTOTAL LOT AREA (LOT 1 BLOCK A) (SF)564,039TOTAL FLOOR AREA RATIO4.1%TOTAL IMPERVIOUS COVER (SF)118,550PERCENTAGE OF SITE COVERED BY IMPERVIOUS COVER21.0% 23,264PROPOSED USEPUBLIC SAFETYGROSS AREA OF BUILDING (SF)NUMBER OF STORIES1HEIGHT OF BUILDING (FEET)32FINISHED FLOOR ELEVATION (FEET)638.00EXISTING ZONINGSF, PD-3TOTAL LOT AREA (LOT 1 BLOCK A) (AC)12.949TOTAL PERVIOUS COVER (SF) 445,489PERCENTAGE OF SITE COVERED BY PERVIOUS COVER79.0%PARKING REQUIREDPARKING PROVIDED6399FLOODPLAIN RECLAMATION AREA (AC)2.36Item 6
Z18-0018
EXHIBIT “E”
DEVELOPMENT SCHEDULE
Phase 1 – Police Department and Dispatch Facilities
January 2019 – Approval of Planned Development for Public Safety Facilities.
June 2019 – Notice to Proceed and Beginning of Construction.
August 2020 – Substantial Completion of the Facilities and Site Improvements.
October 2020 – Final Completion.
Future Phases – As Determined by the Town of Prosper.
Item 6
NORTH ELEVATION
SOUTH ELEVATION
3/32" = 1'
3/32" = 1'
WEST ELEVATION
3/32" = 1'
EAST ELEVATION
3/32" = 1'
This Conceptual Elevation is for conceptual purposes only. All building plans require review and
approval from the Building Inspection Division.
All mechanical equipment shall be screened from public view in accordance with the zoning ordinance.
When permitted, exposed utility boxes and conduits shall be painted to match the building
All signage areas and locations are subject to approval by the Building Inspection Department.
Windows shall have a maximum exterior visible reflectivity of ten (10) percent.
TOWN OF PROSPER: 200 S. MAIN
PROSPER, TX 75078
(972) 346 2640
BRW ARCHITECTS INC.: 3535 TRAVIS ST.
DALLAS, TX 75204
(214) 528 8704
DECEMBER 07, 2018
DUMPSTER ENCLOSURE - WEST ELEVATION
3/32" = 1'
DUMPSTER ENCLOSURE - EAST ELEVATION
3/32" = 1'
DUMPSTER ENCLOSURE - NORTH ELEVATION
3/32" = 1'
DUMPSTER ENCLOSURE - NORTH ELEVATION
3/32" = 1'
JANUARY 25, 2019
Total Elevation sf(Without Glazing): 10109 Brick sf: 39.5% Stone sf: 53.8% Stucco sf: 6.69%
Glazing: 3170
Total Elevation sf(Without Glazing): 10610 Brick sf: 81.1% Stone sf: 11.6% Stucco sf: 7.2%
Glazing: 2508
Total Elevation sf(Without Glazing): 4042 Brick sf: 65.2% Stone sf: 24.1% Stucco sf: 8.3%
Glazing: 929Total Elevation sf(Without Glazing): 4328 Brick sf: 69.1% Stone sf: 21.2% Stucco sf: 9.7%
Glazing: 443
43'-6"38'-10"27'-4"75'-0"65'-0"56'-4"12'-0"
TERRACOTTA SUNSHADE (TYP.)
26'-5"
T.O.S
4'-0"
B.O.WINDOW
18'-0"
T.O.S
30'-6"
ROOF
23'-9"
ROOF
STUCCO WALL SYSTEM
4" FACE BRICK ALUMINUM STOREFRONT
STONE VENEER
4" FACE BRICK
ALUMINUM STOREFRONT (TYP.)
TERRACOTTA CLADDING (TYP.)
4" FACE BRICK
EXPOSED STEEL STRUCTURE
WOOD-LOOK METAL SOFFIT
ALUMINUM STOREFRONT STANDING SEAM METAL ROOF
TERRACOTTA CLADDING
STONE VENEER
ALUMINUM STOREFRONT
36'-4"15'-0"87'-0"61'-8"110'-4"
RTU RTU RTU RTU RTU RTU RTU
21'-6"
ROOF
26'-0"
T.O.S
4'-0"
B.O.WINDOW
21'-0"
T.O.PARAPET4" FACE BRICK
STUCCO WALL SYSTEM
LINE OF ROOF BEYOND ALUMINUM STOREFRONT
ALUMINUM STOREFRONT (TYP.)
COILING DOOR
STANDING SEAM METAL ROOF
HAVC EQUIPMENT BEYOND
30'-6"
ROOF
18'-0"
T.O.COLUMN
30'-6"
ROOF
24'-0"
T.O.COLUMN
21'-0"
T.O.PARAPET
21'-0"
T.O.PARAPET
RTU
37'-4"10'-3"34'-0"45'-4"13'-2"39'-0"
LINE OF ROOF (BEYOND)
LINE OF ROOF (BEYOND)RTU
EXPOSED STEEL STRUCTURE
STONE VENEER
STUCCO WALL SYSTEM
4" FACE BRICK
STORE FRONT
4" FACE BRICK STORE FRONT
ALUMINUM STOREFRONT (TYP.)
4" FACE BRICK
WOOD-LOOK METAL SOFFIT
EXPOSED STEEL STRUCTURE
STUCCO WALL SYSTEM STONE VENEER
HAVC EQUIPMENT BEYOND
ALUMINUM STOREFRONT
8'-0"
T.O.MASONRY
8'-0"
T.O.MASONRY
8'-0"
T.O.MASONRY
8'-0"
T.O.MASONRY
STEEL GATE 4" FACE BRICK
18'-4"17'-0"17'-0"18'-4"
STEEL GATE 4" FACE BRICK
CAST STONE CAP CAST STONE CAP CAST STONE CAP CAST STONE CAP
STUCCO WALL SYSTEM
4" FACE BRICK
STUCCO WALL SYSTEM
Item 6
Page 1 of 1
To: Mayor and Town Council
From: Doug Kowalski, Chief of Police
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2019
Agenda Item:
Discussion on Public Safety Complex Phase 1 (Police Station and Dispatch) Facility.
Description of Agenda Item:
At the August 28, 2018, Town Council meeting, BRW presented two sets of exterior architectural
designs of the Public Safety Complex Phase 1 (Police Station and Dispatch) Facility to get feedback
from the Council. The first design was a baseline version that was within the current construction
budget of $10,765,000, and conforms to the conceptual design the Town Council reviewed on June
26, 2018. The second design included various architectural enhancements for review by the Town
Council. At that time, the enhancements were expected to be somewhere around $400,000 to
$500,000 more than the construction budget, but a more precise construction estimate needed to be
done by the Construction Manager-At-Risk (CMAR) to verify this approximation.
After the approval of Pogue Construction as the CMAR for the project at the September 11, 2018,
Town Council meeting, Pogue Construction work ed with BRW to provide the 100% schematic design
construction cost estimate. On November 13, 2018, BRW presented the latest architectural
renderings of the facility along with the enhanced architectural version estimated to cost an additional
$700,000. The construction budget was increased by $635,000 to $11,400,000, to account for
reallocating a portion of the existing FF&E and Communication Tower Budget from outside the
construction budget, into the construction budget portion of the project. This increase did not include
additional funding for the enhanced architectural design.
Based on Council feedback, BRW completed the 100% design development plans using the
enhanced architectural, and Pogue Construction has provided an updated construction cost estimate
for the project, of $12,739,349, or $1,339,349 over the current construction budget. BRW, Pogue
and Town staff worked to reduce the scope of the project to bring it back into the current construction
budget of $11,400,000, and is requesting feedback from the Town Council on whether or not to add
any of the omitted items back into the project. The attached presentation provides the detail on what
will be discussed with the Town Council at the meeting.
Attached Documents:
1. Presentation
Town Staff Recommendation:
Town staff recommends that the Town Council provide feedback on the Public Safety Complex
Phase 1 (Police Station and Dispatch) Facility.
Prosper is a place where everyone matters.
POLICE DEPARTMENT
Item 7
TOWN COUNCIL MEETING
FEBRUARY 12TH, 2019
6:00PM
TOWN OF PROSPER POLICE STATION & DISPATCH
100% DESIGN DEVELOPMENT UPDATE
Item 7
Review of 100% SD Council Update
•Construction Budget of $11,400,000 was confirmed
•Enhanced Façade Design added to the project
•700,000 estimate for Façade not added to the budget
•Team directed to proceed per project schedule
Item 7
CURRENT DESIGN: EXTERIOR RENDERING
Item 7
CURRENT DESIGN: EXTERIOR RENDERING
Item 7
Project Budget Update
Approved Budget for Construction 11,400,000
Cost Delta Identified at 100% DD 1,339,349
100% DD Cost Estimate on 24 JAN 12,739,349
Reductions Made by Team Consensus (252,808)
Value Options Presented for Consideration (1,086,541)
Construction Cost without Value Options 11,400,000
Item 7
Summary Cost of Increases from SD to DD
Added Enhance Façade Cost 470,000
Concrete Foundation Estimate Error 335,000
Added Concrete Scope 145,000
Added Site Security Items 225,000
Gypsum Board Material Increase (15%)55,000
Heating, Ventilating & Cooling System Costs 110,000
Total Cost Increases from SD to DD 1,340,000
(all numbers rounded for clarity)
Item 7
Summary of Value Options
Security
Site Security 410,000
Building Security 220,000
Site Standards 140,000
Building Standards 180,000
Operational Costs 135,000
Total Cost of All Value Options 1,085,000
(all numbers rounded for clarity)
Item 7
Examples of Value Options
Item 7
SECURITY: SITE FENCE & SECURITY CAMERAS; GLAZING
Security Fencing 410,000
Crash Barriers 55,000
Ballistic Glass 145,000
Security Systems, etc. 75,000
Item 7
SITE STANDARDS: PARKING
South Parking Area 140,000
Item 7
BUILDING STANDARDS: CEILING AND WALL ACCENTS
Item 7
BUILDING STANDARDS: CEILING AND WALL ACCENTS
Item 7
BUILDING STANDARDS: CEILING AND WALL ACCENTS
Item 7
BUILDING STANDARDS: CEILING AND WALL ACCENTS
Wood Finishes 40,000
Item 7
OPERATIONAL COSTS: WALL TILE
Item 7
OPERATIONAL COSTS: WALL TILE
Wall Tile 45,000
Item 7
BUILDING STANDARDS: AUDIO/ VISUAL
A/V Upgrades 95,000 BASE SCOPE
VALUE OPTION
Item 7
OPERATIONAL COSTS: LOCKERS
LAW ENFORCEMENT GRADE LOCKER WELDED METAL LOCKER
83 Locker Upgrades 78,000
Shelving Upgrades 12,000
Item 7
Schedule Summary
Phase 1 - Sitework 100% CDs 28 MAR 2018
Phase 2 – Building 90% CDs w/Above
Request for Council Approval of GMP 13 MAY 2018
Notice to Proceed with Construction 01 JUN 2018
Substantial Completion w/Construction OCT 2020
Item 7
Next Steps
Clear Direction on Value Options on 12 FEB
Complete Design & Procurement
Complete Road & Power Line Relocation Projects
Start Police Building Construction
Celebrate at the Grand Opening!
Item 7
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 12, 2019
Agenda Item:
Consider and act upon a request for a Subdivision Waiver for lots without road frontage for
Prosper Commons, Block B, Lots 11 and 12, on 4.6± acres, located west side of Coit Road, north
of US 380. The property is zoned Planned Development-2 (PD-2). (D18-0122).
Description of Agenda Item:
Plats are typically approved by the Planning & Zoning Commission; however, this item has been
placed on the Town Council agenda to allow for consideration of a Subdivision Waiver to allow
for lots without street frontage. The proposed layout does not provide street frontage for Lots 11
and 12; however, the proposed Final Plat dedicates access and fire lane easements along the
north and south sides of the lots to ensure adequate access to the lots in the future.
Prosper is a place where everyone matters.
PLANNING
Item 8
Page 2 of 2
Having lots without street frontage is common in commercial developments. The applicant has
provided a letter outlining their request. Staff believes the request is reasonable and recommends
approval of the Subdivision Waiver for lots without street frontage.
Attached Documents:
1. Location Map
2. Final Plat
3. Waiver Request Letter
Planning & Zoning Commission Recommendation:
At their January 15, 2019 meeting, the Planning & Zoning Commission recommended the Town
Council approve the Subdivision Waiver request by a vote of 7-0.
Town Staff Recommendation:
Town staff recommends approval of a Subdivision Waiver to allow for lots without street frontage.
Proposed Motion:
I move to approve a request for a Subdivision Waiver to allow for lots without street frontage in
the Proper Commons Addition, located west of Coit Road, north of US 380.
Item 8
D18-0122
UNIVERSITY DR COIT RDRICHLAND BLVD
US HIGHWAY 380 PROSPER COMMONS BLVDCOIT RD±0 280 560140Feet
Item 8
REMAINDER OF A
CALLED 23.986 ACRES
3EIGHTY COIT PARTNERS, LP
INST. NO. 20170620000803050
O.P.R.C.C.T.CVS PROSPER ADDITION,BLOCK A, LOT 1VOL. 2017, PG. 219P.R.C.C.T.PROSPER CROSSING
LOT 10, BLOCK A
VOL. 2017, PG. 122
P.R.C.C.T.
PROSPER CROSSING
LOT 9, BLOCK A
VOL. 2017, PG. 122
P.R.C.C.T.
PROSPER CROSSING
LOT 2, BLOCK A
VOL. 2017, PG. 122
P.R.C.C.T.
VOL. 313, PG. 321, L.R.C.C.T.
VOL. 313, PG. 318, L.R.C.C.T.VOL. 5844, PG. 4500, L.R.C.C.T.INST. NO. 20111017001109190O.P.R.C.C.T.CVS PROSPER ADDITION,BLOCK A, LOT 1VOL. 2017, PG. 219P.R.C.C.T.PROSPER CROSSING
LOT 10, BLOCK A
VOL. 2017, PG. 122
P.R.C.C.T.
PROSPER CROSSING
LOT 9, BLOCK A
VOL. 2017, PG. 122
P.R.C.C.T.
PROSPER CROSSING
LOT 2, BLOCK A
VOL. 2017, PG. 122
P.R.C.C.T.
CALLED 2.2971 ACRES
STATE OF TEXAS
VOL. 3455, PG. 373
L.R.C.C.T.
VOL. 313, PG. 321, L.R.C.C.T.
VOL. 313, PG. 318, L.R.C.C.T.VOL. 5844, PG. 4500, L.R.C.C.T.INST. NO. 20111017001109190O.P.R.C.C.T.BLOCK B, LOT 8
PROSPER COMMONS
BLOCK B, LOT 1 AND LOTS 3-10
VOL. 2018, PG. 922
P.R.C.C.T.
BLOCK B, LOT 1
PROSPER COMMONS
BLOCK B, LOT 1 AND LOTS 3-10
VOL. 2018, PG. 922
P.R.C.C.T.PROSPER COMMONS
BLOCK B, LOT 9
VOL. 2018, PG. 922
P.R.C.C.T.
U. S. HIGHWAY 380 (UNIVERSITY DRIVE)COIT ROADHARRISON JAMISON SURVEY, ABSTRACT NO. 480 HARRISON JAMISON SURVEY, ABSTRACT NO. 480L. C. WILLIAMSON SURVEY, ABSTRACT NO. 948I. C. WILLIAMSON SURVEY,
ABSTRACT NO. 948
WILLIAM McCARTY SURVEY,
ABSTRACT NO. 575I. C. WILLIAMSON SURVEY, ABSTRACT NO. 947
119'
1/2" IRFC
"DAA"
XF
XF
1/2" IRFC
"WAI"
1/2" IRFC
"WAI"
XF
1/2" IRFC
"DAA"
XF
XF
1/2" IRFC
"SPIARS ENG"
5/8" IRFC
"KHA"
5/8" IRFC
"KHA"5/8" IRFC"KHA"BLOCK B, LOT 7
PROSPER COMMONS
BLOCK B, LOT 1 AND LOTS 3-10
VOL. 2018, PG. 922
P.R.C.C.T.
BLOCK B, LOT 6
PROSPER COMMONS
BLOCK B, LOT 1 AND LOTS 3-10
VOL. 2018, PG. 922
P.R.C.C.T.
BLOCK B, LOT 5
PROSPER COMMONS
BLOCK B, LOT 1 AND LOTS 3-10
VOL. 2018, PG. 922
P.R.C.C.T.
BLOCK B, LOT 4
PROSPER COMMONS
BLOCK B, LOT 1 AND LOTS 3-10
VOL. 2018, PG. 922
P.R.C.C.T.
BLOCK B, LOT 3
PROSPER COMMONS
BLOCK B, LOT 1 AND LOTS 3-10
VOL. 2018, PG. 922
P.R.C.C.T.
BLOCK B, LOT 1
PROSPER COMMONS
BLOCK B, LOT 1 AND LOTS 3-10
VOL. 2018, PG. 922
P.R.C.C.T.20' WATER EASEMENTVOL.2018, PG. 742TOWN OF PROSPERRIGHT OF WAY DEDICATIONVOL. 2018, PG. 742P.R.C.C.T.10' STREET EASEMENT
INST.NO. 20080516000596170
20' WATER EASEMENT
INST. NO. 20060622000859300
BLOCK B, LOT 12
1.523 ACRES
66,359 SQ. FT.
ACCESS, FIRELANE
AND UTILITY
EASEMENT
VOL. 2018, PG. 922
P.R.C.C.T.ACCESS, FIRELANE ANDUTILITY EASEMENTINST. NO. ______________O.P.R.C.C.T.15' DRAINAGE EASEMENT
VOL. _____, PG._____
P.R.C.C.T.
10' X 10' WATER
EASEMENT 25' LANDSCAPE ANDPEDESTRIAN ACCESSEASEMENTVOL. ____, PG._____24' ACCESS, FIRELANE
AND UTILITY EASEMENT
5/8" IRSC
"KHA"
ACCESS, FIRELANE AND
UTILITY EASEMENT
VOL. ____, PG._____
P.R.C.C.T.30' LANDSCAPE ANDPEDESTRIAN ACCESSEASEMENTACCESS, FIRELANE ANDUTILITY EASEMENTVOL. ____, PG._____P.R.C.C.T.24' UTILITY EASEMENT
VOL. ____, PG._____
P.R.C.C.T.30' ACCESS, FIRELANEAND UTILITY EASEMENTVOL. 2018, PG. 922P.R.C.C.T.ACCESS, FIRELANE AND
UTILITY EASEMENT
INST. NO. ______________
O.P.R.C.C.T.15' WATER EASEMENTVOL.2018, PG. 922P.R.C.C.T.5/8" IRSC
"KHA"
5/8" IRSC
"KHA"
P.O.B.
5/8" IRSC
"KHA"
12' ACCESS, FIRELANE
AND UTILITY EASEMENT 24' ACCESS,FIRELANE ANDUTILITY EASEMENT12' ACCESS,FIRELANE ANDUTILITY EASEMENTACCESS, FIRELANE AND
UTILITY EASEMENT
INST. NO. ______________
O.P.R.C.C.T.ACCESS, FIRELANE ANDUTILITY EASEMENTINST. NO. ______________O.P.R.C.C.T.10' X 10.5' WATER
EASEMENT
10' X 10.5' WATER
EASEMENT10.5' X 15' WATER
EASEMENT
10' X 10' WATER
EASEMENT
10' WATER
EASEMENT
15' DRAINAGE
EASEMENT15' DRAINAGE
EASEMENT
15' DRAINAGE
EASEMENT
15' DRAINAGE
EASEMENT
10' WATER
EASEMENT
10' WATER
EASEMENT
10' X 14' WATEREASEMENT65.66'101.00'
118.00'35.74'166.96'
124.41'27.00'
S64°37'44"W
22.17'17.56'57.33'10' X 10' WATER
EASEMENT
VOL. ____, PG._____
P.R.C.C.T.
10' X 10' WATER EASEMENT
INST. NO. _____________
O.P.R.C.C.T.10' X 10' WATER EASEMENT
INST. NO. _____________
O.P.R.C.C.T.
WATER EASEMENT
INST. NO. _____________
O.P.R.C.C.T.
WATER
EASEMENT
S 06°02' E, 599' TO SOUTHEASTCORNER OF H. JAMISON SURVEY,ABSTRACT NO. 480N89°33'56"E 403.22'
N89°33'56"E 172.66'S0°26'04"E53.48'S45°26'04"E
20.07'
N0°26'04"W
7.53'
N0°26'04"W
31.97'S0°26'04"E
26.98'
S45°26'04"E
7.06'
S89°33'56"W 208.10'N89°33'56"E 172.66'S0°26'04"E47.27'L1L2L3
L
4
L5L6L7L
8
14.31'L9L10L1120.60'
C1
C2C3 C412.0'12.0'67.13'S0°26'04"E124.15'L12
N89°33'56"E 636.72'S89°33'56"W
15.00'C5C6N89°33'56"E 442.06'
C7
C8
C9C1021.85'19.15'C11C128.16'20.68'11.80'L13L14
L15L16
L17L18
L19 L20
L21 S0°17'19"E69.20'C13
N90°00'00"W
31.89'
C14
N89°33'56"E 442.06'
N89°33'56"E 81.93'
17.74'
41.10'
80.10'
BLOCK B, LOT 8
1.856 ACRES
80,862 SQ. FT.
S64°37'44"W
28.79'
C15
C16 C17
L22
C19
10' X 10' WATER
EASEMENT
5' LANDSCAPE AND
PEDESTRIAN ACCESS
EASEMENT
S0°17'19"E168.53'S3°31'40"W86.68'S89°33'56"W 786.73'N0°26'04"W255.00'N89°33'56"E 793.15'
N0°26'04"W
37.50'
S89°33'56"W
31.71'N0°26'09"W153.50'S89°33'56"W
14.03'
N0°26'04"W
64.00'
N0°26'04"W
64.00'
N89°33'56"E
8.68'N0°26'04"W102.15'N89°33'56"E
31.10'
326.51'184.82'275.41'
280.49'C18N0°26'04"W
23.26'
BLOCK B, LOT 11
1.256 ACRES
54,701 SQ. FT.
N
4
5
°
2
6
'
0
4
"W
3
2
.
5
0
'
N0°26'04"W
37.50'
149.00'
19.32'C20C21LINE TABLE
NO.
L1
L2
L3
L4
L5
L6
L7
BEARING
N00°26'04"W
S00°26'04"E
N89°33'56"E
N45°26'04"W
S00°26'04"E
N90°00'00"W
N00°26'04"W
LENGTH
25.50'
25.52'
10.38'
27.04'
28.46'
15.00'
22.13'
LINE TABLE
NO.
L8
L9
L10
L11
L12
L13
L14
BEARING
N45°26'04"W
N00°26'04"W
N44°33'56"E
S00°26'04"E
S89°33'56"W
N00°17'19"W
S89°23'11"W
LENGTH
14.62'
19.90'
7.92'
25.50'
23.05'
33.68'
13.89'
LINE TABLE
NO.
L15
L16
L17
L18
L19
L20
L21
BEARING
N00°36'49"W
S89°23'11"W
N00°17'19"W
N00°17'19"W
S89°42'41"W
S89°42'41"W
S00°17'19"E
LENGTH
10.00'
13.94'
20.07'
12.89'
3.48'
2.18'
5.24'
CURVE TABLE
NO.
C1
C2
C3
C4
C5
C6
C7
DELTA
24°56'12"
65°03'48"
90°00'00"
89°51'15"
43°31'40"
43°31'06"
56°23'15"
RADIUS
54.00'
30.00'
30.00'
30.00'
30.00'
54.00'
54.00'
LENGTH
23.50'
34.07'
47.12'
47.05'
22.79'
41.02'
53.14'
CHORD BEARING
S77°05'50"W
S32°05'50"W
S45°26'04"E
N44°38'19"E
N22°03'09"W
S22°03'26"E
N61°22'18"E
CHORD
23.32'
32.27'
42.43'
42.37'
22.25'
40.04'
51.03'
CURVE TABLE
NO.
C8
C9
C10
C11
C12
C13
C14
DELTA
56°23'15"
90°08'12"
43°31'40"
43°31'06"
90°00'12"
37°07'17"
56°23'15"
RADIUS
30.00'
30.00'
54.00'
30.00'
30.00'
30.00'
30.00'
LENGTH
29.52'
47.20'
41.02'
22.79'
47.13'
19.44'
29.52'
CHORD BEARING
S61°22'18"W
N45°21'58"W
N22°03'09"W
S22°03'26"E
S44°42'14"W
N71°44'02"W
N61°22'18"E
CHORD
28.35'
42.48'
40.04'
22.24'
42.43'
19.10'
28.35'
CURVE TABLE
NO.
C15
C16
C17
C18
C19
C20
C21
DELTA
8°49'01"
18°56'09"
24°56'12"
48°30'36"
17°26'43"
33°38'14"
35°59'51"
RADIUS
54.00'
30.00'
30.00'
37.50'
54.00'
92.50'
102.57'
LENGTH
8.31'
9.91'
13.06'
31.75'
16.44'
54.31'
64.44'
CHORD BEARING
S60°13'13"W
N65°16'47"E
S77°05'50"W
S23°49'14"W
S41°54'02"W
N17°15'11"W
N18°01'03"W
CHORD
8.30'
9.87'
12.95'
30.81'
16.38'
53.53'
63.39'
LINE TABLE
NO.
L22
L23
L24
BEARING
S89°33'56"W
S81°26'30"W
S00°25'01"E
LENGTH
4.16'
43.44'
24.50'
NOT TO SCALEVICINITY MAP
NORTH
E. UNIVERSITY DR. (U.S. 380)COIT RD.LA CI
M
A
B
L
V
D.
RICHLAND
BLVD.S. PRESTON RD.NORTH
DWG NAME: K:\FRI_SURVEY\061292502-NWC COIT AND US 380 - PROSPER\DWG\063214800 LOT 8 FINAL PLAT (VER2018).DWG PLOTTED BY SKEETERS, CODY 1/9/2019 5:04 PM LAST SAVED 1/9/2019 5:02 PM
ENGINEER:
Kimley-Horn and Associates
5750 Genesis Court, Suite 200
Frisco, TX 75034
P (972) 335-3580
F (972) 335-3779
Contact: Chris Leppert, P.E.
SURVEYOR:
Kimley-Horn and Associates
5750 Genesis Court, Suite 200
Frisco, TX 75034
P (972) 335-3580
F (972) 335-3779
Contact: Michael B. Marx, R.P.L.S.
OWNER:
3Eighty Coit Partnership, Lp
4303 W. Lovers Lane, Suite 200
Dallas, TX 75209
F (214) 366-0009
Contact: David Fogel
NOTES:
1. All corners set are monumented with a 5/8 inch iron rod with red plastic
cap stamped "KHA", unless otherwise noted.
2. All bearings shown are based on grid north of the Texas Coordinate
System of 1983, North Central Zone (4202), North American Datum of
1983. All dimensions shown are ground distances. To obtain a grid
distance, multiply the ground distance by the Project Combined Factor
(PCF) of 0.999845470.
3. According to Map No. 48085C0235 J dated June 2, 2009, of the National
Flood Insurance Program Map, Flood Insurance Rate Map of Collin
County, Texas, Federal Emergency Management Agency, Federal
Insurance Administration, this property is located in Zone X (unshaded)
and is not within a special flood hazard area. If this site is within an
identified special flood hazard area, this flood statement does not imply
that the property and/or the structures thereon will be free from flooding or
flood damage. On rare occasions, greater floods can and will occur and
flood heights may be increased by man-made or natural causes. This
flood statement shall not create liability on the part of the surveyor.
4. Selling a portion of this addition by metes and bounds is a violation of
Town ordinance and state law and is subject to fines and withholding of
utilities and building permits.
5. No 100-year Floodplain exists on this site.
Scale Drawn by
MBM1" = 40'
Checked by Date Project No.Sheet No.
KHA 12/04/2018 063214800 1 OF 2
FINAL PLAT
PROSPER COMMONS
BLOCK B, LOTS 8, 11 AND 12
4.635 ACRES
HARRISON JAMISON SURVEY,
ABSTRACT NO. 480
TOWN OF PROSPER,
COLLIN COUNTY, TEXAS
CASE # D18-0122
Item 8
DWG NAME: K:\FRI_SURVEY\061292502-NWC COIT AND US 380 - PROSPER\DWG\063214800 LOT 8 FINAL PLAT (VER2018).DWG PLOTTED BY SKEETERS, CODY 1/9/2019 5:04 PM LAST SAVED 1/9/2019 5:02 PM
ENGINEER:
Kimley-Horn and Associates
5750 Genesis Court, Suite 200
Frisco, TX 75034
P (972) 335-3580
F (972) 335-3779
Contact: Chris Leppert, P.E.
SURVEYOR:
Kimley-Horn and Associates
5750 Genesis Court, Suite 200
Frisco, TX 75034
P (972) 335-3580
F (972) 335-3779
Contact: Michael B. Marx, R.P.L.S.
OWNER:
3Eighty Coit Partnership, Lp
4303 W. Lovers Lane, Suite 200
Dallas, TX 75209
F (214) 366-0009
Contact: David Fogel
PRELIMINARY
THIS DOCUMENT SHALL
NOT BE RECORDED FOR
ANY PURPOSE AND
SHALL NOT BE USED OR
VIEWED OR RELIED
UPON AS A FINAL
SURVEY DOCUMENT
OWNER'S CERTIFICATE
STATE OF TEXAS §
COUNTY OF COLLIN §
WHEREAS, 3EIGHTY COIT PARTNERS, LP, is the owner of a tract of land situated in the Harrison Jamison Survey,
Abstract No. 480, Town of Prosper, Collin County, Texas, and being all of Block B, Lot 8 of Prosper Commons, Block B,
Lot 1 and Lots 3-10, an addition to the Town of Prosper, Texas, according to the Conveyance Plat, recorded in Volume
____, Page ____, Plat Records of Collin County, Texas, same being a portion of a called 23.986-acre tract of land,
conveyed to 3Eighty Coit Partners, LP, as evidenced in a Special Warranty Deed, recorded in Instrument No.
20170620000803050, Official Public Records of Collin County, Texas, and being more particularly described by metes and
bounds as follows:
BEGINNING at a 5/8-inch iron rod with red plastic cap stamped “KHA” set for the northeast corner of said Lot 8 and the
southeast corner of Block B, Lot 9 of said Prosper Commons, Block B, Lot 1 and Lots 3-10, same also being on the
westerly right of way line of Coit Road, a variable width right of way, as created in a deed to the Town of Prosper, recorded
in Volume 5844, Page 4500, Land Records of Collin County, Texas;
THENCE South 00°17'19” East, along the easterly line of said Lot 8 and the westerly right of way line of said Coit Road, a
distance of 168.53 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” found for the northerly corner of a right
of way dedication to the Town of Prosper as created in Prosper Commons, Block B, Lots 1 and 2, an addition to the Town
of Prosper, Texas, according to the Conveyance Plat, recorded in Volume 2018, Page 742, Plat Records of Collin County,
Texas;
THENCE South 03°31'40” West, continuing along the easterly line of said Lot 8 and the westerly right of way line of said
Coit Road, a distance of 86.68 feet to a 5/8-inch iron rod with red plastic cap stamped “KHA” set for the southeast corner of
said Lot 9, same being the northeast corner of Block B, Lot 7 of said Prosper Commons, Block B, Lot 1 and Lots 3-10;
THENCE South 89°33'56” West, departing the westerly right of way line of said Coit Road, and along the south line of said
Lot 8 and along the northerly line of said Lot 7, the northerly line of Block B, Lots 4, 5 and 6 of said Prosper Commons,
Block B, Lot 1 and Lots 3-10, a distance of 786.73 feet to a 5/8-inch iron rod with a red plastic cap, stamped “KHA” set for
the southwest corner of said Lot 8, same being the northwest corner of said Lot4, same also being on easterly line of Block
B, Lot 1 of said Prosper Commons, Block B, Lot 1 and Lots 3-10;
THENCE North 00°26'04” West, along the common line of said Lots 1 and 8, a distance of 255.00 feet to a 5/8-inch iron
rod with a red plastic cap, stamped “KHA” set for the northwest corner of said Lot 8;
THENCE North 89°33'56” East, continuing along the common line of said Lots 1 and 8 for part of the way then continuing
along the common line of said Lot 8 and aforesaid Lot 9, a distance of 793.15 feet to the POINT OF BEGINNING and
containing 4.635 acres (201,922 square feet) of land, more or less.
SURVEYOR'S CERTIFICATE
Know All Men By These Presents:
That I, Michael B. Marx, do hereby certify that I prepared this plat and the field notes made a part thereof from an
actual and accurate survey of the land and that the corner monuments shown thereon were properly placed under
my personal supervision, in accordance with the Subdivision Regulations of the Town of Prosper, Texas.
Dated this the _______________ day of ________________, 20 _________.
_____________________________________________
Michael B. Marx
Registered Professional Land Surveyor No. 5181
Kimley-Horn and Associates, Inc.
5750 Genesis Court, Suite 200
Frisco, Texas 75034
Phone 972-335-3580
Fax 972-335-3779
STATE OF TEXAS §
COUNTY OF COLLIN §
BEFORE ME, the undersigned, a Notary Public in and for The State of Texas, on this day personally appeared
Michael B. Marx, known to me to be the person and officer whose name is subscribed to the foregoing instrument,
and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in
the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __________ day of ____________________, 20
________.
_______________________________________________
Notary Public, State of Texas
ACCESS EASEMENT
The undersigned covenants and agrees that the access easement(s) may be utilized by any person or the
general public for ingress and egress to other real property, and for the purpose of general public vehicular and
pedestrian use and access, and for the Fire Department, Police, and emergency use in along, upon, and across
said premises, with the right and privilege at all times of the Town of Prosper, its agents, employees, workmen,
and representatives having ingress, egress, and regress in, along, upon, and across said premises.
FIRE LANE EASEMENT
The undersigned covenants and agrees that he (they) shall construct upon the fire lane easements, as dedicated
and shown hereon, a hard surface paved in accordance with Town standards and that he (they) shall maintain
the same in a state of good repair at all times and keep the same free and clear of any structures, fences, trees,
shrubs, or other improvements or obstruction, including but not limited to the parking, loading, or unloading of
motor vehicles, trailers, boats, or other impediments to the access of fire apparatus. The maintenance of
pavement in accordance to Town standards of the fire lane easements is the responsibility of the owner, and the
owner shall post and maintain signage in accordance to Town standards in conspicuous places along the fire
lanes, stating "Fire Lane, No Parking". The police or their duly authorized representative is hereby authorized to
cause such fire lanes and utility easements to be maintained free and unobstructed at all times for fire
department and emergency use.
LANDSCAPE EASEMENT
The undersigned covenants and agrees that the landscape easement and restrictions herein set forth shall run
with the land and be binding on the owner(s) of the property in this subdivision, their successors and assigns,
and all parties claiming by, through and under them. In the event a replat is requested on all or part of this
property, the Town may require any similar or additional restrictions at its sole discretion. The sole responsibility
for maintenance and replacement of landscape materials thereof shall be borne by any ‘homeowners’ association
hereafter established for the owners of lots in this subdivision and/or the owners of the individual lots within this
subdivision. Such maintenance and replacement shall be in conformance with the requirements, standards, and
specifications of the Town of Prosper, as presently in effect or as may be hereafter amended. This provision may
be enforced by specific performance or by any other remedy allowed by law. This Landscape Easement shall be
void of utilities and other elements unless otherwise approved on the plat.
CERTIFICATE OF APPROVAL
Approved this _______ day of __________, 20_____ by the Planning & Zoning
Commission of the Town of Prosper, Texas.
______________________________________ Town Secretary
______________________________________ Engineering Department
______________________________________ Development Services Department
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT 3EIGHTY COIT PARTNERS, LP, acting herein by and through its duly authorized officers, does hereby certify and
adopt this plat designating the herein above described property as PROSPER COMMONS, BLOCK B, LOTS 8, 11 AND
12, an addition to the Town of Prosper, and does hereby dedicate to the public use forever, the streets and alleys shown
thereon. 3EIGHTY COIT PARTNERS, LP, does herein certify the following:
1. The streets and alleys are dedicated for street and alley purposes.
2. All public improvements and dedications shall be free and clear of all debt, liens, and/or encumbrances.
3. The easements and public use areas, as shown, are dedicated for the public use forever for the purposes indicated on
this plat.
4. No buildings, fences, trees, shrubs, or other improvements or growths shall be constructed or placed upon, over or
across the easements as shown, except that landscape improvements may be placed in landscape easements if approved
by the Town of Prosper.
5. The Town of Prosper is not responsible for replacing any improvements in, under, or over any easements caused by
maintenance or repair.
6. Utility easements may also be used for the mutual use and accommodation of all public utilities desiring to use or using
the same unless the easement limits the use to particular utilities, said use by public utilities being subordinate to the
public's and Town of Prosper's use thereof.
7. The Town of Prosper and public utilities shall have the right to remove and keep removed all or parts of any buildings,
fences, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with the construction,
maintenance, or efficiency of their respective systems in the easements.
8. The Town of Prosper and public utilities shall at all times have the full right of ingress and egress to or from their
respective easements for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, reading meters,
and adding to or removing all or parts of their respective systems without the necessity at any time procuring permission
from anyone.
9. All modifications to this document shall be by means of plat and approved by the Town of Prosper.
This plat approved subject to all platting ordinances, rules, regulations and resolutions of the Town of Prosper, Texas.
WITNESS, my hand, this the _______________ day of ___________________________, 20_______________.
BY: 3EIGHTY COIT PARTNERS, LP
BY:
______________________________ ______________________________
Authorized Signature Printed Name and Title
STATE OF TEXAS §
COUNTY OF _______§
BEFORE ME, the undersigned, a Notary Public in and for The State of ____________, on this day personally appeared
________________, known to me to be the person and officer whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the __________ day of ____________________, 20 ________.
_______________________________________________
Notary Public, State of __________Scale Drawn by
MBMN/A
Checked by Date Project No.Sheet No.
KHA 12/04/2018 063214800 2 OF 2
FINAL PLAT
PROSPER COMMONS
BLOCK B, LOTS 8, 11 AND 12
4.635 ACRES
HARRISON JAMISON SURVEY,
ABSTRACT NO. 480
TOWN OF PROSPER,
COLLIN COUNTY, TEXAS
CASE # D18-0122
Item 8
Received 11/19/18
Item 8