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01.23.18 TIRZ 1&2 Meetings and Town Council Regular Meeting PacketPage 1 of 4 ] Prosper is a place where everyone matters. Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 1 Board of Directors Time: 6:00 p.m. 1. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 2. Call to Order/Roll Call. 3. Consider and act upon approving the minutes from the April 11, 2017, TIRZ No. 1 Board Meeting. 4. Receive the 2017 Annual Report. 5. Adjourn. Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 2 Board of Directors Time: Immediately following the Meeting of the TIRZ No. 1 Board of Directors 1. Call to Order/Roll Call. 2. Consider and act upon approving the minutes from the April 11, 2017, TIRZ No. 2 Board Meeting. 3. Receive the 2017 Annual Report. 4. Adjourn. Meeting of the Prosper Town Council Time: Immediately following the Meeting of the TIRZ No. 2 Board of Directors 1. Call to Order/Roll Call. AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 23, 2018 6:00 p.m. AGENDA Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 1 Board of Directors Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 2 Board of Directors Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 23, 2018 6:00 p.m. Page 2 of 4 2. Announcements of recent and upcoming events. 3. Presentations. • Presentation of a Proclamation declaring February 2018 as Congenital Heart Defect Awareness Month. (RB) 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 9, 2018 4b. Receive the November Financial Report. (KN) 4c. Consider and act upon authorizing the Town Manager to execute a Contract for Services between Gila LLC, dba Municipal Services Bureau (MSB), and the Town of Prosper, Texas, related to merchant card services. (KN) 4d. Consider and act upon authorizing the Town Manager to execute a Contract for Fines and Fees Collection Services between Linebarger Goggan Blair & Sampson, LLP, and the Town of Prosper, Texas, related to Municipal Court collection services. (KN) 4e. Consider and act upon a resolution approving the Town of Prosper and Prosper EDC Investment Policy and Investment Strategy and approval of 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) 4f. Consider and act upon 1) approving a Voluntary Cooperation Agreement by and between the City of Frisco, Texas Department of Transportation, and the Town of Prosper for the operation and maintenance of traffic signals at US 380 at La Cima and US 380 at Lovers Lane, and 2) adopting a resolution authorizing the Town Manager to execute the same. (HW) 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 Page 3 of 4 item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 6. Conduct a Public Hearing and consider and act upon a request for a Variance to the Sign Ordinance, regarding Temporary Signage, for Longo Toyota, located on the northwest corner of US 380 and Mahard Parkway. (V18-0001). (AG) 7. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive-Through in Westfork Crossing, on 2.1± acres, located on the north side of US 380, 450± feet west of Gee Road. The property is zoned Commercial (C). (S17-0007). (AG) 8. Conduct a Public Hearing, and consider and act upon an ordinance amending a portion of Planned Development-40-Single Family Residential (PD-40-SF) to amend the development standards to allow for the development of an amenity center and recreational water facility, on 25.3± acres, located on the north side of Pepper Grass Lane, 1,400± feet east of Windsong Parkway. (Z17-0022). (AG) 9. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapters 3 and 4 of the Zoning Ordinance regarding Tree Mitigation and Definitions. (Z17-0020). (DR) 10. Conduct a Public Hearing and consider and act upon an ordinance amending Chapter 3, of the Zoning Ordinance regarding Commercial Antennas and Wireless Communication Facilities. (Z17-0023). (JW) DEPARTMENT ITEMS: 11. Discussion on proposed amendments to the Sign Code. (MD17-0009) (JW) 12. 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: 12a. Section 551.087 – To discuss and consider economic development incentives. 12b. 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. 12c. Section 551.071 – Consultation with the Town Attorney regarding legal issues associated with sign regulations, and all matters incident and related thereto. 12d. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 4 of 4 14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Zucker Report (HW) • Parking Plan for Frontier Park Spring Season (DR) • Frontier Park North Grand Opening (DR) • Discuss February and March Town Council meeting schedules. (RB) 15. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway 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, January 19, 2018, 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 2 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:00 p.m. Board Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. (arrived at 6:04 p.m.) Deputy Mayor Pro-Tem Jason Dixon (arrived at 6:04 p.m.) Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Mike Davis David Bristol, Prosper Economic Development Corporation Vice-President Collin County Commissioner Susan Fletcher Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services Kelly Neal, Finance Director 2. Consider and act upon approving the minutes from the January 26, 2016, TIRZ No. 1 Board Meeting. Councilmember Dugger made a motion and Commissioner Fletcher seconded the motion to approve the minutes from the January 26, 2016, TIRZ No. 1 Board Meeting. The motion was approved by a vote of 7-0. 3. Receive the 2016 Annual Report. Mayor Pro-Tem Vogelsang and Deputy Mayor Pro-Tem Dixon arrived at 6:04 p.m. Hulon Webb, Executive Director of Development and Community Services, and Finance Director Kelly Neal presented the annual report to the Board. Mr. Webb provided an overview of the Request for Reimbursement No. 2, dated June 1, 2016, resulting from the Gates of Prosper development. He reviewed a summary of the infrastructure projects related to the development, which are eligible for reimbursement in the amount of approximately $58 million. Reimbursements are made in accordance with the TIRZ No. 1 Development and Financing Agreement. MINUTES Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 1 Board of Directors Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 11, 2017 Page 2 of 2 Ms. Neal continued the presentation by providing an overview of the financial report as of September 30, 2016. No expenditures have been paid out to date; however, impact fees from the Walmart development have generated revenue. The current balance is approximately $576 thousand. The captured appraised value for FY 2015-2016 is over $28 million, compared to a base value of $4.5 million in 2008. Responding to a question from the Board, Ms. Neal clarified a prior period adjustment that reflects impacts fees collected since September 30, 2016. The Board also requested that rollback tax information be included in future annual reports. No further action was taken. 4. Adjourn. The meeting was adjourned at 6:09 p.m. on April 11, 2017. These minutes approved on the 23rd day of January, 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -1- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 (TIRZ #1) ANNUAL REPORT 2017 Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -2- INDEX 1) Cover 2) Index 3) Year End Summary of Meetings/Town Council/Board Actions 4) TIRZ #1 Property Map 5) Public Infrastructure/Building Projects 6) Summary of Project Costs by Phase (Maps) 7) Annual Report 8) TIRZ Fund Financial Statement 9) Revenue & Expenditures a) TIRZ Rollback Tax Map b) Rollback Tax Revenue c) Property Tax Revenue d) Impact Fee Revenue e) Payment Summaries Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -3- YEAR END SUMMARY OF MEETINGS/TOWN COUNCIL/BOARD ACTIONS In December 2015, the Town of Prosper Town Council appointed members for the Tax Increment Reinvestment Zone #1 (TIRZ #1) Board of Directors. In the latter part of 2015 Blue Star Land commenced construction on its Gates of Prosper development at the northeast corner of US 380 and Preston Road with the installation of a large sanitary sewer line from the west, thus marking the first improvements made to the TIRZ #1 site. The first annual TIRZ Board of Directors meeting was held on January 26, 2016. The second annual TIRZ Board of Directors meeting was held on April 11, 2017. During this reporting period, installation of needed infrastructure continues and the first buildings began receiving Certificate of Occupancy. On August 01, 2017, Dicks and Field & Stream opened. Board members currently serving are: Town—Mayor Ray Smith, Mayor Pro-Tem Curry Vogelsang, Jr., Deputy Mayor Pro-Tem Jason Dixon, and Councilmembers Michael Korbuly, Kenneth Dugger, Meigs Miller, and Jeff Hodges. Collin County – County Commissioner Susan Fletcher. Prosper Economic Development Corporation – Board Member David Bristol. Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -4- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -5- PUBLIC INFRASTRUCTURE / BUILDING PROJECTS Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -6- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -7- THOROUGHFARE PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -8- WASTEWATER PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -9- OFF-SITE WASTEWATER PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -10- WATER PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -11- DRAINAGE PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -12- ELECTRIC DUCT BANK PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -13- MISC. IMPROVEMENTS PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -14- PHASING EXHIBIT Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -15- PUBLIC INFRASTRUCTURE/BUILDING PROJECTS Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -16- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -17- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -18- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -19- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -20- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -21- CAPITAL IMPROVEMENT PLAN BUDGET Reimbursement Request No. 3 - June 1, 2017 Payee:Purpose:Amount: Huitt Zollars, Inc.Engineering & Surveying 2,227.50$ Wright Construction Construction 36,416.00 TOTAL 38,643.50 Kimley Horn Engineering & Surveying 26,549.41$ TOTAL 26,549.41 Alpha Testing Testing – Detention Pond 19,829.78$ The Global Fence Temporary Fence 2,000.00 Mario Sinacola & Sons Construction 1,783,036.58 TOTAL 1,804,866.36 Sendera Title Title Services 9,000.00$ TOTAL 9,000.00 INTEREST 239,216.27$ 2,118,275.54$ REIMBURSEMENT NO. 1 4,110,750.63$ REIMBURSEMENT NO. 2 2,867,876.09 TOTAL BILLED TO DATE 9,096,902.26$ Interest FY 2016 REIMBURSEMENT REQUEST NO. 3 FY 2015 3.50% Richland & Lovers Richland & Lovers Gates Phase 1 Gates Phase 1 Gates Phase 1 Gates Phase 1 Gates Phase 2 Gates Phase 2 MDB Sewer MDB Sewer MDB Sewer Project: Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -22- ANNUAL FINANCIAL REPORT Chapter 311.016 of V.C.T.A. requires the following information as part of the annual report on the status of the TIRZ District. Information is contained in detail on the financial statement. 1. Amount and source of revenue in the tax increment fund established for the zone: $ 787,195 Total Revenue 2. Amount and purpose of expenditures from the fund: $ 1,176,007 Total Expenditures 3. Amount of Principal and Interest due on outstanding indebtedness is as follows: A. Contributions /Advances from developers— $7,920,895.69. B. Bonds issued and payment schedule to retire bonds— none. 4. Tax Increment base and current captured appraised value retained by the zone: A. Tax Increment base and current captured appraised value retained for Tax Year 2016: Taxing Jurisdiction Net Taxable Value Tax Year 2016 Base Year* Value (with AG) Jan. 1, 2008 Captured App. Value Fiscal Year 2016-2017 Town of Prosper $32,655,287 $4,507,850 $28,147,437 Collin County $32,655,287 $4,507,850 $28,147,437 B. Tax Increment base and expected captured appraised value for Tax Year 2017: Taxing Jurisdiction Net Taxable Value Tax Year 2017 Base Year* Value (with AG) Jan. 1, 2008 Captured App. Value Fiscal Year 2017-2018 Town of Prosper $40,776,072 $4,507,850 $36,268,222 Collin County $40,776,072 $4,507,850 $36,268,222 5. Captured appraised value by the municipality and other taxing units, the total amount of the tax increment received, and any additional information necessary to demonstrate compliance with the tax increment-financing plan adopted by the governing body of the municipality. A. Captured appraised value shared by the municipality and other participating taxing jurisdictions received in Fiscal Year 2016-2017: Taxing Jurisdiction Participation Per $100/Value Amount of Fiscal Year 2016-2017 Increment Town of Prosper (70%) $ 0.520000 $ 102,457 Collin County (50%) $ 0.208395 $ 29,329 Total $ 0.728395 $ 131,786 B. Amount of tax increment received in 2017 from the municipality and the other taxing jurisdictions based on 2016 valuations: $ 131,786 Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -23- ANNUAL FINANCIAL REPORT C. Expected appraised value shared by the municipality and other participating taxing jurisdictions to be received in Fiscal Year 2017-2018: Taxing Jurisdiction Participation Per $100/Value Amount of Fiscal Year 2017-2018 Increment Town of Prosper (70%) $ 0.520000 $ 132,016 Collin County (50%) $ 0.192246 $ 34,862 Total $ 0.712246 $ 166,878 D. Other information: None * Base Year Value as of January 1, 2008, is for Fiscal Year 2007-2008. Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -24- TIRZ FUND FINANCIAL STATEMENT CAPITAL DEBT PROJECTS SERVICE TOTAL Beginning Balance: 10/1/2016*576,311$ -$ 576,311$ Revenues: Property Tax: Town 102,457$ -$ 102,457$ Delinquent - - - County 29,329 - 29,329 Property Rollback Taxes 265,867 - 265,867 Sales Tax 22,392 - 22,392 Impact Fees: Water Impact Fees 70,041 - 70,041 Wastewater Impact Fees 16,574 - 16,574 Thoroughfare Impact Fees 277,823 - 277,823 380 Construction Sales Office - - - Interest 2,712 - 2,712 TOTAL REVENUES 787,195$ -$ 787,195$ Expenditures: Land Purchases -$ -$ -$ Professional Services - - - Construction/Improvements: MDB Sewer 62,985 - 62,985 Richland & Lovers 213,295 - 213,295 Gates Phase 1 178,044 - 178,044 Gates Phase 2 - - - Lovers Lane 3,356 - 3,356 SH289 Median Openings 335,234 - 335,234 Interest Expense 383,093 - 383,093 TOTAL EXPENDITURES 1,176,007$ -$ 1,176,007$ Ending Balance: 30-Sep-17 187,499$ -$ 187,499$ *Revenues reported as of September 30, 2016 are not reflected in the audited financial report. This is reported as a prior period adjustment in the FY ending September 30, 2017 audited financial report. Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -25- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -26- REVENUES & EXPENDITURES ROLLBACK TAX REVENUE PROPERTY TAX REVENUE Collin County Collin College Prosper ISD Town of Prosper Total FY17 Amount 2010 26,367.03 9,481.15 179,076.09 57,128.58 272,052.85 2011 25,008.06 8,992.48 174,014.48 54,184.15 262,199.17 2012 23,633.32 8,498.06 164,448.53 51,205.53 247,785.44 2013 21,708.96 7,645.48 152,648.25 47,531.19 229,533.88 2014 25,225.28 8,797.72 179,260.51 55,817.65 269,101.16 Total By Entity 121,942.65 43,414.89 849,447.86 265,867.10 1,280,672.50 Date Appraised Value Less Base Value Tax Rate Amount TIRZ Total 3/6/2017 32,655,287 4,507,850 0.0052 146,367 102,457 Property Taxes (Town)-70% Date Appraised Value Less Base Value Tax Rate Amount TIRZ Total 3/6/2017 32,655,287 4,507,850 0.00208395 58,658 29,329 Property Taxes (County)-50% Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -27- REVENUES & EXPENDITURES IMPACT FEES REVENUE DATE PROJECT DESCRIPTION ADDRESS SUBDIVISION AMT PAID WATER FY17 11/23/2016 SHELL BUILDING FOR RETAIL/RESTAURANT 750 RICHLAND BLVD GATES OF PROSPER 12,480.00 11/23/2016 SHELL BUILDING FOR RETAIL AND RESTAURNAT 1141 N PRESTON RD GATES OF PROSPER PH 1 12,480.00 11/23/2016 SHELL BUILDING FOR RETAIL & RESTAURANT 1151 N PRESTON RD GATES OF PROSPER PH 1 12,480.00 11/23/2016 SHELL BUILDING FOR RETAIL/RESTAURANT 1111 PRESTON RD GATES OF PROSPER PH 1 12,480.00 11/23/2016 SHELL BUILDING FOR RETAIL/RESTAURANT 1101 PRESTON RD GATES OF PROSPER PH 1 12,480.00 8/9/2017 WHATABURGER - DEVELOP A FREE STANDING RESTAURANT W/DRIVE THR 1201 S PRESTON RD 7,641.00 FY17 Total 70,041.00 WASTE WATER 11/23/2016 SHELL BUILDING FOR RETAIL/RESTAURANT 750 RICHLAND BLVD GATES OF PROSPER 2,186.00 11/23/2016 SHELL BUILDING FOR RETAIL AND RESTAURNAT 1141 N PRESTON RD GATES OF PROSPER PH 1 2,186.00 11/23/2016 SHELL BUILDING FOR RETAIL & RESTAURANT 1151 N PRESTON RD GATES OF PROSPER PH 1 2,186.00 11/23/2016 SHELL BUILDING FOR RETAIL/RESTAURANT 1111 PRESTON RD GATES OF PROSPER PH 1 2,186.00 11/23/2016 SHELL BUILDING FOR RETAIL/RESTAURANT 1101 PRESTON RD GATES OF PROSPER PH 1 2,186.00 8/9/2017 WHATABURGER - DEVELOP A FREE STANDING RESTAURANT W/DRIVE THR 1201 S PRESTON RD 5,644.00 FY17 Total 16,574.00 EAST THOROUGHFARE 11/23/2016 SHELL BUILDING FOR RETAIL/RESTAURANT 750 RICHLAND BLVD GATES OF PROSPER 54,247.20 11/23/2016 SHELL BUILDING FOR RETAIL AND RESTAURNAT 1141 N PRESTON RD GATES OF PROSPER PH 1 22,205.42 11/23/2016 SHELL BUILDING FOR RETAIL & RESTAURANT 1151 N PRESTON RD GATES OF PROSPER PH 1 24,837.42 11/23/2016 SHELL BUILDING FOR RETAIL/RESTAURANT 1111 PRESTON RD GATES OF PROSPER PH 1 20,079.50 11/23/2016 SHELL BUILDING FOR RETAIL/RESTAURANT 1101 PRESTON RD GATES OF PROSPER PH 1 22,711.50 8/9/2017 WHATABURGER - DEVELOP A FREE STANDING RESTAURANT W/DRIVE THR 1201 S PRESTON RD 133,742.06 FY17 Total 277,823.10 Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2017 Prosper TIRZ #1 Annual Report 2017 -28- REVENUES & TIRZ EXPENDITURES PAYMENT SUMMARIES By Project: By Payment Request: By Payments Made: TIRZ 1 Totals MDB Sewer Richland & Lovers Gates Phase 1 Gates Phase 2 Lovers Lane SH289 Median Interest Totals Amount 5,802,881.59 213,294.92 2,350,043.66 9,000.00 3,355.75 335,233.80 383,092.54 9,096,902.26 Paid 62,985.25 213,294.92 178,044.31 - 3,355.75 335,233.80 383,092.54 1,176,006.57 Remaining 5,739,896.34 - 2,171,999.35 9,000.00 - - - 7,920,895.69 MDB Sewer Richland & Lovers Gates Phase 1 Gates Phase 2 Lovers Lane SH289 Median Interest Reimbursement Amount 3,636,320.41 139,196.42 - - - 335,233.80 - 4,110,750.63 #1 Paid 62,985.25 139,196.42 - - - 335,233.80 - 537,415.47 Totals Remaining 3,573,335.16 - - - - - - 3,573,335.16 Reimbursement Amount 2,127,917.68 47,549.09 545,177.30 - 3,355.75 - 143,876.27 2,867,876.09 #2 Paid - 47,549.09 178,044.31 - 3,355.75 - 143,876.27 372,825.42 Totals Remaining 2,127,917.68 - 367,132.99 - - - - 2,495,050.67 Reimbursement Amount 38,643.50 26,549.41 1,804,866.36 9,000.00 - - 239,216.27 2,118,275.54 #3 Paid - 26,549.41 - - - - 239,216.27 265,765.68 Totals Remaining 38,643.50 - 1,804,866.36 9,000.00 - - - 1,852,509.86 Total Charges 2-May-2017 23-Aug-2017 2018 2019 2020 2021 2022 Remaining Balance Total 9,096,902.26 540,184.00 635,822.57 - - - - - 7,920,895.69 Interest 383,092.54 381,214.17 1,878.37 - - - - - - Construction Costs 8,713,809.72 158,969.83 633,944.20 - - - - - 7,920,895.69 Payments Made Page 1 of 2 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:09 p.m. Board Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Mike Davis David Bristol, Prosper Economic Development Corporation Vice-President Collin County Commissioner Susan Fletcher Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services Kelly Neal, Finance Director 2. Consider and act upon approving the minutes from the January 26, 2016, TIRZ No. 2 Board Meeting. David Bristol made a motion and Commissioner Fletcher seconded the motion to approve the minutes from the January 26, 2016, TIRZ No. 2 Board Meeting. The motion was approved by a vote of 9-0. 3. Receive the 2016 Annual Report. Hulon Webb, Executive Director of Development and Community Services, and Finance Director Kelly Neal presented the annual report to the Board. Mr. Webb began the presentation with a summary of the infrastructure improvement projects related to the development, which are eligible for reimbursement in the amount of approximately $29 million. The total due for Reimbursement Request No. 1 and No. 2 is approximately $1.3 million. Ms. Neal further explained the reimbursement process, as outlined in the Development and Financing Agreements. She continued the presentation by providing an overview of the financial report as of September 30, 2016. No expenditures have been paid out to date; however, thoroughfare impact fees from the Texas Health Resources development have generated revenue. The current balance is approximately $178 thousand. Ms. Neal will clarify MINUTES Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 2 Board of Directors Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 11, 2017 Page 2 of 2 with the county the amount of improvement value in the TIRZ compared to the previous year, and whether a construction sales office is required to be maintained as part of the TIRZ agreement. Ms. Neal provided an overview of the revenue sources for the TIRZ. No further action was taken. 4. Adjourn. The meeting was adjourned at 6:19 p.m. on April 11, 2017. These minutes approved on the 23rd day of January, 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Prosper TIRZ #2 Annual Report 2017 -1- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 (TIRZ #2) ANNUAL REPORT 2017 Prosper TIRZ #2 Annual Report 2017 -2- INDEX 1) Cover 2) Index 3) Year End Summary of Meetings/Town Council/Board Actions 4) Public Infrastructure/Building Projects 5) Capital Improvement Plan Budget 6) Annual Report 7) TIRZ Fund Financial Statement 8) Revenue & Expenditures a) TIRZ Rollback Tax Map b) Payment Summaries Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -3- YEAR END SUMMARY OF MEETINGS/TOWN COUNCIL/BOARD ACTIONS In December 2015, the Town of Prosper Town Council appointed members for the Tax Increment Reinvestment Zone #2 (TIRZ #2) Board of Directors. In the latter part of 2015 Matthews Southwest commenced construction on its Prosper West development at the northwest corner of US 380 and Dallas North Tollway with the installation of a large sanitary sewer line from the west, thus marking the first improvements made to the TIRZ #2 site. The first annual TIRZ Board of Directors meeting was held on January 26, 2016. The second annual TIRZ Board of Directors meeting was held on April 11, 2017. During this reporting period, installation of needed infrastructure continues and Texas Health Prosper received a Certificate of Occupancy and opened in February 2017 to provide outpatient and emergency care for the growing community of Prosper and the surrounding areas. The hospital is exempted from paying state and local ad valorem taxes. Board members currently serving are: Town—Mayor Ray Smith, Mayor Pro-Tem Curry Vogelsang, Jr., Deputy Mayor Pro-Tem Jason Dixon, and Councilmembers Michael Korbuly, Kenneth Dugger, Meigs Miller, and Jeff Hodges. Collin County – County Commissioner Susan Fletcher. Prosper Economic Development Corporation – Board Member David Bristol. Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -4- PUBLIC INFRASTRUCTURE / BUILDING PROJECTS Nonproject Costs Total TIRZ for Public Improvements Public Improvements STREETS AND DRAINAGE SYSTEMS $11, 146,567 $2,001,748 $13,148,315 STREET ENHANCEMENTS $0 $1,775,577 $1,775,577 WATER SYSTEM $1,367,721 $1,116,778 $2,484,499 SANITARY SEWER SYSTEM $641,669 $358,204 $999,873 OFFSITE SANITARY SEWER SYSTEM $1,479,282 $0 $1,479,282 DETENTION/RETENTION PONDS & MASS EXCAVATION $0 $2,882,560 $2,882,560 SITEWORK FOR DEVELOPMENT PARCELS $0 $15,750,000 $15,750,000 PARKING DECKS $0 $73,497,600 $73,497,600 STREET LIGHTS $174,000 $210,000 $384,000 TRAFFIC SIGNALS (4 budgeted) $1,200,000 $0 $1,200,000 LOVERS LANE LOOP OFFSITE - STREET K6 $1, 174,992 $0 $1,174,992 PRIMARY ELECTRIC SERVICE LOOP $0 $3,600,000 $3,600,000 ELECTRIC $0 $640,150 $640,150 GAS $0 $448, 105 $448,105 STREET N2 - WESTSIDE ONT SERVICE ROAD, LOVERS LN. TO FIRST ST. $1,687,005 $0 $1,687,005 BRAIDED RAMP AT U.S. 380 $4,000,000 $0 $4,000,000 CIVIL ENGINEERING & SURVEYING (10%) $1,887, 124 $10,228,072 $12,115,196 CONSTRUCTION STAKING (2%) $377,425 $2,045,614 $2,423,039 CONSTRUCTION MANAGEMENT (TOTAL = 3%) $477,093 $3,157,466 $3,634,559 GEOTECHNICAL STUDY (1%) $188,712 $1,022,807 $1,211,520 LEGAL (1%) $188,712 $1,022,807 $1,211,520 CONTINGENCY (8%) $1,509,699 $8, 182,458 $9,692,157 1subtotal $27,500,000 $127,939,947 $155,439,947 TOWN EXPENSE FOR TIRZ ADMINISTRATION $1,346,836 $0 $1,346,836 Subtotal TIRZ Project Costs Before Finance Expenses $28,846,837 $127,939,947 $156,786,783 Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -5- THOROUGHFARE PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -6- WATER PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -7- WASTEWATER PLAN Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -8- PUBLIC INFRASTRUCTURE/BUILDING PROJECTS Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -9- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -10- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -11- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -12- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -13- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -14- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -15- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -16- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -17- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -18- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -19- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -20- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -21- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -22- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -23- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -24- CAPITAL IMPROVEMENT PLAN BUDGET Reimbursement Request No. 3 - June 1, 2017 Payee:Project:Purpose:Amount: Alpha Testing Lower DB Sewer Offsite Sanitary Sewer 4,302.00$ Southwest Erosion Lower DB Sewer Offsite Sanitary Sewer 2,426.86 Haney Construction Lower DB Sewer Construction Management 13,791.96 Meade Servicing Lower DB Sewer Offsite Sanitary Sewer 2,100.00 Lewis Construction Lower DB Sewer Offsite Sanitary Sewer 136,396.40 Westwood Lower DB Sewer Street & Draining System 7,475.00 TOTAL 166,492.22$ Pavecon Mahard Parkway Street & Draining System 294,135.59$ CoServ Mahard Parkway Street & Draining System 65,339.43 Jones & Carter Mahard Parkway Construction Staking 17,229.41 Town of Prosper Mahard Parkway Offsite Sanitary Sewer 674.50 Maddox Surveying Mahard Parkway Street & Draining System 1,299.00 Fifth Partners Management-Legal Mahard Parkway Legal 6,878.91 Fifth Partners Management-Construction Mahard Parkway Construction Management 7,609.68 TOTAL 393,166.52$ INTEREST 3.50%42,057.61$ 601,716.35$ REIMBURSEMENT NO. 1 FY 2015 200,749.95 REIMBURSEMENT NO. 2 FY 2016 1,154,524.44 TOTAL BILLED TO DATE 1,956,990.73$ Mahard Parkway Lower DB Sewer REIMBURSEMENT REQUEST NO. 3 Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -25- ANNUAL FINANCIAL REPORT Chapter 311.016 of V.C.T.A. requires the following information as part of the annual report on the status of the TIRZ District. Information is contained in detail on the financial statement. 1. Amount and source of revenue in the tax increment fund established for the zone: $ 477 Total Revenue 2. Amount and purpose of expenditures from the fund: $ 153,629 Total Expenditures 3. Amount of Principal and Interest due on outstanding indebtedness is as follows: A. Contributions /Advances from developers— $1,803,362.23 B. Bonds issued and payment schedule to retire bonds— none. 4. Tax Increment base and current captured appraised value retained by the zone: A. Tax Increment base and current captured appraised value retained for Tax Year 2016: Taxing Jurisdiction Net Taxable Value Tax Year 2016 Base Year* Value (with AG) Jan. 1, 2014 Captured App. Value Fiscal Year 2015- 2016 Town of Prosper $24,786 $29,413 $ 0 Collin County $24,786 $29,413 $ 0 B. Tax Increment base and expected captured appraised value for Tax Year 2017: Taxing Jurisdiction Net Taxable Value Tax Year 2017 Base Year* Value (with AG) Jan. 1, 2008 Captured App. Value Fiscal Year 2017-2018 Town of Prosper $23,615 $29,413 $ 0 Collin County $23,615 $29,413 $ 0 5. Captured appraised value by the municipality and other taxing units, the total amount of the tax increment received, and any additional information necessary to demonstrate compliance with the tax increment-financing plan adopted by the governing body of the municipality. A. Captured appraised value shared by the municipality and other participating taxing jurisdictions received in Fiscal Year 2016-2017: Taxing Jurisdiction Participation Per $100/Value Amount of Fiscal Year 2015-2016 Increment Town of Prosper (70%) $ 0.520000 $ 0 Collin County (50%) $ 0.208395 $ 0 Total $ 0.728395 $ 0 Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -26- ANNUAL FINANCIAL REPORT B. Amount of tax increment received in 2017 from the municipality and the other taxing jurisdictions based on 2016 valuations: $ 0 C. Expected appraised value shared by the municipality and other participating taxing jurisdictions to be received in Fiscal Year 2017-2018: Taxing Jurisdiction Participation Per $100/Value Amount of Fiscal Year 2015-2016 Increment Town of Prosper (70%) $ 0.520000 $ 0 Collin County (50%) $ 0.192246 $ 0 Total $ 0.712246 $ 0 D. Other information: None * Base Year Value as of January 1, 2014, is for Fiscal Year 2013-2014. Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -27- TIRZ FUND FINANCIAL STATEMENT * Revenues reported as of September 30, 2016 is not reflected in the audited financial report. This will be reported as a prior period adjustment in the FY ending September 30, 2017 audited financial report. CAPITAL DEBT PROJECTS SERVICE TOTAL Beginning Balance: 10/1/2016*178,629$ -$ 178,629$ Revenues: Property Tax: Town -$ - -$ Delinquent - - - County - - - Property Rollback Taxes - - - Sales Tax - - - Impact Fees: Water Impact Fees - - - Wastewater Impact Fees - - - Thoroughfare Impact Fees - - - 380 Construction Sales Office - - - Interest 477 - 477 TOTAL REVENUES 477$ -$ 477$ Expenditures: Land Purchases -$ -$ -$ Professional Services - - - Construction/Improvements: Lower DB Sewer - - - Mahard Parkway 153,629 - 153,629 Interest Expense - - - TOTAL EXPENDITURES 153,629$ -$ 153,629$ Ending Balance: 30-Sep-17 25,477$ -$ 25,477$ Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -28- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2017 Prosper TIRZ #2 Annual Report 2017 -29- REVENUES & EXPENDITURES PAYMENT SUMMARIES By Project: By Payment Request: By Payments Made: TIRZ 2 Totals Lower DB Sewer Mahard Parkway Interest Totals Amount 1,326,388.05 581,518.83 - - - - 49,083.85 1,956,990.73 Paid - 153,628.50 - - - - - 153,628.50 Remaining 1,326,388.05 427,890.33 - - - - 49,083.85 1,803,362.23 Lower DB Sewer Mahard Parkway Interest Reimbursement Amount 95,345.10 105,404.85 - - - - - 200,749.95 #1 Paid - 105,404.85 - - - - - 105,404.85 Totals Remaining 95,345.10 - - - - - - 95,345.10 Reimbursement Amount 1,064,550.73 82,947.46 - - - - 7,026.25 1,154,524.44 #2 Paid - 48,223.65 - - - - - 48,223.65 Totals Remaining 1,064,550.73 34,723.81 - - - - 7,026.25 1,106,300.79 Reimbursement Amount 166,492.22 393,166.52 - - - - 42,057.61 601,716.35 #3 Paid - - - - - - - - Totals Remaining 166,492.22 393,166.52 - - - - 42,057.61 601,716.35 Total Charges 2017 2018 2019 2020 2021 2022 2023 Balance Total 1,956,990.73 153,628.50 - - - - - - 1,803,362.23 Interest 49,083.85 - - - - - - - 49,083.85 Construction Costs 1,907,906.88 153,628.50 - - - - - - 1,754,278.38 Payments Made Page 1 of 4 ] Prosper is a place where everyone matters. Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 1 Board of Directors Time: 6:00 p.m. 1. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 2. Call to Order/Roll Call. 3. Consider and act upon approving the minutes from the April 11, 2017, TIRZ No. 1 Board Meeting. 4. Receive the 2017 Annual Report. 5. Adjourn. Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 2 Board of Directors Time: Immediately following the Meeting of the TIRZ No. 1 Board of Directors 1. Call to Order/Roll Call. 2. Consider and act upon approving the minutes from the April 11, 2017, TIRZ No. 2 Board Meeting. 3. Receive the 2017 Annual Report. 4. Adjourn. Meeting of the Prosper Town Council Time: Immediately following the Meeting of the TIRZ No. 2 Board of Directors 1. Call to Order/Roll Call. AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 23, 2018 6:00 p.m. AGENDA Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 1 Board of Directors Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 2 Board of Directors Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 23, 2018 6:00 p.m. Page 2 of 4 2. Announcements of recent and upcoming events. 3. Presentations. • Presentation of a Proclamation declaring February 2018 as Congenital Heart Defect Awareness Month. (RB) 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 9, 2018 4b. Receive the November Financial Report. (KN) 4c. Consider and act upon authorizing the Town Manager to execute a Contract for Services between Gila LLC, dba Municipal Services Bureau (MSB), and the Town of Prosper, Texas, related to merchant card services. (KN) 4d. Consider and act upon authorizing the Town Manager to execute a Contract for Fines and Fees Collection Services between Linebarger Goggan Blair & Sampson, LLP, and the Town of Prosper, Texas, related to Municipal Court collection services. (KN) 4e. Consider and act upon a resolution approving the Town of Prosper and Prosper EDC Investment Policy and Investment Strategy and approval of 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) 4f. Consider and act upon 1) approving a Voluntary Cooperation Agreement by and between the City of Frisco, Texas Department of Transportation, and the Town of Prosper for the operation and maintenance of traffic signals at US 380 at La Cima and US 380 at Lovers Lane, and 2) adopting a resolution authorizing the Town Manager to execute the same. (HW) 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 Page 3 of 4 item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 6. Conduct a Public Hearing and consider and act upon a request for a Variance to the Sign Ordinance, regarding Temporary Signage, for Longo Toyota, located on the northwest corner of US 380 and Mahard Parkway. (V18-0001). (AG) 7. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive-Through in Westfork Crossing, on 2.1± acres, located on the north side of US 380, 450± feet west of Gee Road. The property is zoned Commercial (C). (S17-0007). (AG) 8. Conduct a Public Hearing, and consider and act upon an ordinance amending a portion of Planned Development-40-Single Family Residential (PD-40-SF) to amend the development standards to allow for the development of an amenity center and recreational water facility, on 25.3± acres, located on the north side of Pepper Grass Lane, 1,400± feet east of Windsong Parkway. (Z17-0022). (AG) 9. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapters 3 and 4 of the Zoning Ordinance regarding Tree Mitigation and Definitions. (Z17-0020). (DR) 10. Conduct a Public Hearing and consider and act upon an ordinance amending Chapter 3, of the Zoning Ordinance regarding Commercial Antennas and Wireless Communication Facilities. (Z17-0023). (JW) DEPARTMENT ITEMS: 11. Discussion on proposed amendments to the Sign Code. (MD17-0009) (JW) 12. 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: 12a. Section 551.087 – To discuss and consider economic development incentives. 12b. 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. 12c. Section 551.071 – Consultation with the Town Attorney regarding legal issues associated with sign regulations, and all matters incident and related thereto. 12d. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. Page 4 of 4 14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Zucker Report (HW) • Parking Plan for Frontier Park Spring Season (DR) • Frontier Park North Grand Opening (DR) • Discuss February and March Town Council meeting schedules. (RB) 15. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway 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, January 19, 2018, 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 6 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order 6:00 p.m. Council Members Present: Mayor Ray Smith Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Mayor Pro-Tem Curry Vogelsang, Jr. Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Planning Manager Steve Glass, Deputy Director of Engineering Services Frank Jaromin, Public Works Director Dudley Raymond, Parks and Recreation Director Kelly Neal, Finance Director Doug Kowalski, Police Chief Stuart Blasingame, Fire Chief Bryan Ausenbaugh, Fire Marshal 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Fowler of First Presbyterian Church of Prosper led the invocation. Members of Boy Scout Troop 3188 assisted Mayor Smith in leading the Pledge of Allegiance and the Pledge to the Texas Flag. 3.Announcements of recent and upcoming events. Councilmember Hodges read the following announcements: The It’s Time Texas Community Challenge has begun. Residents are encouraged to sign up at ittcommunitychallenge.com and commit to putting their health first in 2018. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, January 9, 2018 Item 4a Page 2 of 6 The Library will host a Health and Fitness Winter Event on January 20 in support of the It’s Time Texas Challenge. Activities will include story time, and activities related to healthy eating and exercise. The Library is holding a Winter Reading Challenge through January 31. Readers of all ages are encouraged to sign up, and help the Library reach its goal of 500 books. More information is available on the Town website. The Town of Prosper is providing a central drop-off point for Christmas trees through January 14. The unattended drop-off center is located in the parking area on the south side of First Street between the Central Fire Station and the water tower. The site is open 24 hours a day, and there is no charge for the service. Trees must be cleared of any lights, ornaments, tinsel, and any other non-organic material. Town offices will be closed on Monday, January 15, in honor of Martin Luther King Jr., Day. Councilmember Hodges recognized members of Boy Scout Troop 3188, who are attending tonight’s meeting as part of their requirement for earning a Citizenship in the Community merit badge. 4. Presentations. • 2018 It’s Time Texas Community Challenge. (JS) Julie Shivers, Recreation Services Coordinator, presented this item before the Town Council. She introduced the 2018 Mayor’s Challenge Video, and encouraged the Council and residents to take part in the 2018 It’s Time Texas Community Challenge, which the Town has won for the small cities population category for the last two years. Following the presentation, Mayor Smith and the Town Council signed pledges of support for this year’s Community Challenge. 5. 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.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting – December 12, 2017 5b. Consider and act upon Ordinance No. 18-01 amending Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” of the Town’s Code of Ordinances by repealing said section in its entirety and replacing it with new Section 3.11.001, “Adopted,” of Article 3.11, “Property Maintenance Code,” of Chapter 3, “Building Regulations,” by adopting the 2015 Edition of the International Property Maintenance Code, save and except the amendments set forth herein. (JW) Item 4a Page 3 of 6 5c. Consider and ratify the execution by the Town Manager of Change Order Number 22, to Pogue Construction Co., L.P., related to construction services for Town of Prosper Town Hall/Multi-Purpose Facility. (HW) 5d. 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 6-0. 6. 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. There were no Citizen Comments. 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. PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon an ordinance amending Special Purpose Sign District-6 (SPSD-6), for wall signage in Prosper Town Center, located on the northeast corner of Preston Road and First Street. (MD17-0008). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The purpose of the request is to allow for increased wall sign height, increased wall sign length, and decreased wall sign separation within Prosper Town Center. Mr. Glushko confirmed that all lighted signage would be required to conform to Town standards. Mayor Smith opened the Public Hearing. Mike Doherty, representing the applicant, thanked the Town Council and staff for their assistance on the project, and offered to answer any questions Council may have. With no one else speaking, Mayor Smith closed the Public Hearing. Item 4a Page 4 of 6 Councilmember Dugger made a motion and Councilmember Miller seconded the motion to approve Ordinance No. 18-02 amending Special Purpose Sign Distirict-6 (SPSD-6), for wall signage in Prosper Town Center, located on the northeast corner of Preston Road and First Street. The motion was approved by a vote of 6-0. DEPARTMENT ITEMS: 8. Consider and act upon two ordinances and two resolutions, as follows: (1) an ordinance creating a Crime Control and Prevention District; (2) an ordinance creating a Fire Control, Prevention, and Emergency Medical Services District, with both districts funded by the elimination of the 0.50% sales and use tax for property tax relief and the reallocation of such sales and use tax by 0.25% to each specified district; (3) a resolution appointing the current Special Purpose District Committee members as the temporary board of directors for the Crime Control and Prevention District; and (4) a resolution appointing the current Special Purpose District Committee members as the temporary board of directors for the Fire Control, Prevention, and Emergency Medical Services District. (KN) Finance Director Kelly Neal presented this item before the Town Council. The Special Purpose District (SPD) Committee, which was appointed by the Town Council in 2017, has recommended the establishment of a Crime Control and Prevention District and a Fire Control, Prevention, and Emergency Medical Services District. The districts would be funded by the elimination of the current 0.50% sales and use tax for property tax relief, with that revenue to be reallocated by 0.25% to each district. The Local Government Code requires that the Town Council appoint seven persons to serve as a temporary board of directors of each district. Each board must adopt a service plan and a budget plan for the districts, and call an election for the purpose of creating the two districts and redesignating the sales and use tax revenue. Ms. Neal notified the Council that one of the original SPD Committee members, who was nominated by Councilmember Hodges, would be unable to serve on the temporary board of directors, and that Councilmember Hodges is willing to serve on the temporary board of directors in his place. After discussion, Councilmember Dixon made a motion and Councilmember Dugger seconded the motion to approve two ordinances and two resolutions, as follows: (1) Ordinance No. 18-03 creating a Crime Control and Prevention District; (2) Ordinance No. 18-04 creating a Fire Control, Prevention, and Emergency Medical Services District, with both districts funded by the elimination of the 0.50% sales and use tax for property tax relief and the reallocation of such sales and use tax by 0.25% to each specified district; (3) Resolution No. 18-05 appointing the current Special Purpose District Committee members as the temporary board of directors for the Crime Control and Prevention District; and (4) Resolution No. 18-06 appointing the current Special Purpose District Committee members as the temporary board of directors for the Fire Control, Prevention, and Emergency Medical Services District, subject to the removal of Bob Goldman, and the addition of Jeff Hodges to the temporary board of directors. The motion was approved by a vote of 6-0. 9. Consider and act upon a Site Plan, Landscape Plan, and Façade Plan for a retail building in Shops at Prosper Trail, on 2.7± acres, located on the southeast corner of Preston Road and St. Peter Lane. The property is zoned Planned Development- 68-Retail (PD-68-R). (D17-0070). (AG) Item 4a Page 5 of 6 Planning Manager Alex Glushko presented this item before the Town Council. The requirements of Planned Development-68 state that Site Plans, Landscape Plans, and Façade Plans for outparcel buildings within the Shops at Prosper Trail development shall be approved by the Planning & Zoning Commission and Town Council. Mr. Glushko reviewed the details of the proposed site plan, landscape plan and façade plan. Responding to a question from the Town Council, Matt Moore with Claymoore Engineering, representing the applicant, stated that lighting and signage plans for the development are still being designed, but would be in conformance with Town standards and consistent with other signs within the Planned Development. After discussion, Councilmember Dixon made a motion and Councilmember Dugger seconded the motion to approve the Site Plan, Landscape Plan, and Façade Plan for a retail building in Shops at Prosper Trail, on 2.7± acres, located on the southeast corner of Preston Road and St. Peter Lane, subject to: 1. Town staff approval of civil engineering, irrigation plans, open space plans, and address plans. 2. Town staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. The motion was approved by a vote of 6-0. 10. Consider and act upon awarding Bid No. 2018-39-B to Reytech Services, LLC., related to construction services for the DNT Reconstruction US 380 North project; and authorizing the Town Manager to execute a construction agreement for same. (FJ) Public Works Director Frank Jaromin presented this item before the Town Council. The proposed contract includes the removal and replacement of existing concrete paving, and the installation of cement-treated subbase and thermoplastic pavement markings. The contractor will replace pavement on approximately 1,077 feet of the northbound lanes and approximately 112 feet on the southbound lanes of the DNT frontage roads. Mr. Jaromin confirmed that the bond amount for the contractor is 100%, and work is estimated to be completed in May 2018. After discussion, Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to award Bid No. 2018-39-B to Reytech Services, LLC., related to construction services for the DNT Reconstruction US 380 North project; and authorize the Town Manager to execute a construction agreement for same. The motion was approved by a vote of 6-0. 11. 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: 11a. Section 551.087 – To discuss and consider economic development incentives. 11b. 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. Item 4a Page 6 of 6 11c. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. The Town Council recessed into Executive Session at 6:42 p.m. 12. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 8:40 p.m. Councilmember Hodges made a motion and Councilmember Korbuly seconded the motion to appoint Karey Pustejovsky to the Library Board. The motion was approved by a vote of 6-0. 13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. There was no discussion on this item. 14. Adjourn. The meeting was adjourned at 8:42 p.m., on Tuesday, January 9, 2018. These minutes approved on the 23rd day of January 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a Prosper is a place where everyone matters. MONTHLY FINANCIAL REPORT as of November 30, 2017 Budgetary Basis Prepared by Finance Department January 23, 2018 Item 4b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT NOVEMBER 2017 Table of Contents Dashboard Charts 1 - 3 General Fund 4 Water-Sewer Fund 5 Debt Service Fund 6 Vehicle and Equipment Replacement Fund 7 Storm Drainage Utility Fund 8 Park Dedication and Improvement Fund 9 TIRZ #1 - Blue Star Fund 10 TIRZ #2 - Matthews Southwest 11 Water Impact Fees Fund 12 Wastewater Impact Fees Fund 13 Thoroughfare Impact Fees Fund 14 Special Revenue Fund 15 Capital Projects Fund-General 16 Capital Projects Fund-Water/Sewer 17 Detail All Funds 18 Item 4b 1 Oct & Nov sales tax receipts - compared to FY 2017 shows a significant increase. This is due to the retail sales segment which increased 83% from last year. Mainly in building material and home furnishings. $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 14/15 FY15/16 FY 16/17 FY 17/18 Item 4b 2 $29.206 $4.868 $3.791 $25.857 $4.310 $3.285 $- $5 $10 $15 $20 $25 $30 $35 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures $18.020 $3.003 $2.437 $16.769 $2.795 $2.329 $- $2 $4 $6 $8 $10 $12 $14 $16 $18 $20 Total Budget YTD Budget YTD Actual In Millions Water -Sewer Fund Revenues and Expenditures Revenues Expenditures Item 4b 3 Prosper is a place where everyone matters. GENERAL FUND AT A GLANCE %% Year Passed Resources 16.67% Revenues 12.70% Other Resources-Beginning Fund Balance 100.00% Uses 16.67% Expenditures 12.88% Ending Fund Balance 100.00% Resources Over (Under) Uses UTILITY FUNDS AT A GLANCE %% Year Passed Resources 16.67% Revenues 13.73% Other Resources-Beginning Fund Balance 100.00% Uses 16.67% Expenditures 12.97% Ending Fund Balance 100.00% Resources Over (Under) Uses OTHER MAJOR IMPACT FEE FUNDS AT A GLANCE %% Year Passed Resources 16.67% Revenues 13.60% Other Resources-Beginning Fund Balance 100.00% Uses 16.67% Expenditures 2.35% Ending Fund Balance 100.00% Resources Over (Under) Uses $0 $11,956,004 $21,620,453 $507,556 $3,686,378 $3,686,378 $10,598,218 $1,441,324 $14,708,613 $14,708,613 $0 $1,702,094 Category Budget YTD Actual $19,159,210 $2,484,896 $9,233,733 $9,233,733 $17,354,743 $2,382,523 $11,038,200 $11,038,200 $0 Category Budget YTD Actual $8,397,231$8,397,231 $3,791,111$29,428,640 $3,065,059 Category Budget YTD Actual $25,857,091 $11,968,780 $3,284,621 $11,968,780 Town of Prosper Monthly Financial Report FY 2017/2018 Through the Month Ended November 2017 Unaudited -Intended for Management Purposes Only The following is a summary of the Town's financial results for operating funds. This information is summarized from financial statements for the monthly period that ended November 2017. Item 4b 4 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% GENERAL FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 12,203,683$ -$ 12,203,683$ 920,712$ -$ 11,282,971$ 8%1 702,767$ 31% Sales Taxes 6,142,420 - 6,142,420 1,028,742 - 5,113,678 17%847,890 21% Franchise Fees 1,105,090 - 1,105,090 446 - 1,104,644 0%2 1,075 -59% Building Permits 2,747,700 - 2,747,700 627,634 - 2,120,066 23%350,975 79% Other License, Fees & Permits 1,108,097 - 1,108,097 332,268 - 775,829 30%136,506 143% Charges for Services 406,133 - 406,133 60,803 - 345,330 15%40,326 51% Fines & Warrants 419,580 - 419,580 84,403 - 335,177 20%60,771 39% Intergovernmental Revenue (Grants)- - - - - - - Investment Income 147,930 - 147,930 18,054 - 129,876 12%3 14,834 22% Transfers In 896,634 - 896,634 149,439 - 747,195 17%181,861 -18% Miscellaneous 545,024 - 545,024 22,914 - 522,110 4%12,039 90% Park Fees 134,800 - 134,800 39,207 - 95,593 29%26,284 49% Total Revenues 25,857,091$ -$ 25,857,091$ 3,284,621$ -$ 22,572,470$ 13%2,375,328$ 38% EXPENDITURES Administration 5,651,869$ 5,000$ 5,656,869$ 631,977$ 405,547$ 4,619,345$ 18%4 569,877$ 11% Police 4,758,772 227,668 4,986,440 767,265 101,788 4,117,387 17%4 556,179 38% Fire/EMS 6,278,631 - 6,278,631 915,800 191,455 5,171,377 18%4 617,178 48% Public Works 4,135,913 409,565 4,545,478 410,758 373,966 3,760,755 17%4 433,236 -5% Community Services 3,959,067 239,195 4,198,262 588,345 279,325 3,330,591 21%4 272,282 116% Development Services 2,666,840 3,500 2,670,340 326,720 450,943 1,892,677 29%4 305,275 7% Engineering 1,010,269 82,350 1,092,619 150,246 63,257 879,116 20%4 118,079 27% Total Expenses 28,461,361$ 967,279$ 29,428,640$ 3,791,111$ 1,866,281$ 23,771,248$ 19%2,872,106$ 32% REVENUE OVER (UNDER) EXPENDITURES (2,604,270)$ (967,279)$ (3,571,549)$ (506,490)$ (496,778)$ Beginning Fund Balance October 1-Unassigned/Unrestricted 11,968,780$ 11,968,780$ 10,028,374$ Ending Fund Balance 8,397,231$ 11,462,290$ 9,531,596$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise use fees are collected quarterly and annually. The first quarterly payment will be received in January. 3 Investment Income is recorded when investment earnings are received. The Town has an unrealized gain in investments. 4 Departments have been actively encumbering funds for annual contracts and projects and Finance has not updated budgets to reflect the PO roll forward until Council approves. Item 4b 5 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% WATER-SEWER FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 10,250,224$ 47,489$ 10,297,713$ 1,430,969$ -$ 8,866,744$ 14%1 1,124,545$ 27% Sewer Charges for Services 4,970,539 - 4,970,539 643,617 - 4,326,922 13%1 512,168 26% Sanitation Charges for Services 1,149,760 - 1,149,760 176,814 - 972,946 15%1 205,079 -14% License, Fees & Permits 108,706 - 108,706 20,536 - 88,170 19%17,695 16% Water Penalties 1,850 - 1,850 150 - 1,700 8%225 -33% Utility Billing Penalties 99,225 - 99,225 21,225 - 78,000 21%21,857 -3% Investment Income 71,421 - 71,421 12,114 - 59,307 17%10,937 11% Other 117,178 (47,489) 117,178 23,227 - 93,951 20%27,608 -16% Total Revenues 16,768,903$ -$ 16,816,392$ 2,328,652$ -$ 14,487,740$ 14%1,920,113$ 21% EXPENDITURES Administration 3,993,280$ 4,353$ 3,997,633$ 251,862$ 4,353$ 3,741,418$ 6%449,948$ -44% Debt Service 2,973,872 - 2,973,872 - 2,973,872 - 100%2 - Water Purchases 4,153,586 47,489 4,201,075 700,173 - 3,500,902$ 17%566,664 Public Works 6,895,211 492,847 7,388,058 1,485,463 222,768 5,679,827 23%3 755,372 97% Total Expenses 18,015,949$ 544,689$ 18,560,638$ 2,437,497$ 3,200,993$ 12,922,148$ 30%1,771,984$ 38% REVENUE OVER (UNDER) EXPENDITURES (1,247,046)$ (544,689)$ (1,744,246)$ (108,846)$ 148,129$ Beginning Working Capital October 1 10,943,634 10,943,634 9,110,072 Ending Working Capital 9,199,388$ 10,834,788$ 9,258,201$ Notes 1 Water, Sewer and Sanitation charges are in line for the two months of billing. Rate increases are reflected in this monthly report. 2 Debt service is encumbered for the entire budget. Principal and interest payments are paid in January and August. 3 Departments have been actively encumbering funds for annual contracts and projects Average Monthly Average Cumulative and Finance has not updated budgets to reflect the PO roll forward until Council approves. October 10.0%10.0% Nov-17 Nov-16 Growth % November 7.7%17.7% WATER SEWER WATER SEWER Change December 5.1%22.8% # of Accts Residential 6,871 6,203 6,146 5,488 12.38%January 4.4%27.2% # of Accts Commercial 291 209 238 151 28.53%February 4.6%31.8% Consumption-Residential 77,974,220 43,643,623 81,646,110 37,821,035 1.80%March 4.7%36.5% Consumption-Commercial 12,899,970 4,310,870 8,332,820 3,871,650 41.02%April 6.6%43.1% Average Residential Water Consumption 11,348 13,284 -14.57%May 7.1%50.2% Billed ($) Residential $497,837.24 $481,441.05 June 8.4%58.6% Billed ($) Commercial $106,670.94 $63,262.04 July 12.0%70.6% Total Billed ($) $604,508.18 $367,297.65 $544,703.09 $278,833.30 18.00%August 15.0%85.6% September 14.4%100.0% Item 4b 6 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% DEBT SERVICE FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 141,463$ -$ 141,463$ 5,076$ -$ 136,387$ 4%1 16,354$ -69% Property Taxes-Current 4,810,042 - 4,810,042 376,804 - 4,433,238 8%1 275,662 37% Taxes-Penalties 35,520 - 35,520 1,778 - 33,742 5%1 4,006 -56% Interest Income 36,000 - 36,000 3,768 - 32,232 10%2 2,261 67% Total Revenues 5,023,025$ -$ 5,023,025$ 387,426$ -$ 4,635,599$ 8%298,282$ 30% EXPENDITURES Professional Services 8,400$ -$ 8,400$ -$ -$ 8,400$ -$ 2008 CO Bond Payment 558,000 - 558,000 - 558,000 - 100%3 - 2010 Tax Note Payment - - - - - - - 2011 Refunding Bond Payment 117,000 - 117,000 - 117,000 - 100%3 - 2012 GO Bond Payment 175,000 - 175,000 - 175,000 - 100%3 - 2013 GO Refunding Bond 155,000 - 155,000 - 155,000 - 100%3 - Bond Administrative Fees 7,650 - 7,650 800 - 6,850 10%1,600 -50% 2014 GO Bond Payment 255,000 - 255,000 - 255,000 - 100%3 - 2015 GO Bond Payment 170,000 - 170,000 - 170,000 - 100%3 - 2015 CO Bond Payment 60,000 - 60,000 - 60,000 - 100%3 - 2016 GO Debt Payment 374,100 - 374,100 - 374,100 - 100%3 - 2016 CO Debt Payment 115,000 - 115,000 - 115,000 - 100%3 - 2017 CO Debt Payment 575,000 - 575,000 - 575,000 - 100%3 - Bond Interest Expense 2,148,158 - 2,148,158 - 2,148,158 - 100%3 - Total Expenditures 4,718,308$ -$ 4,718,308$ 800$ 4,702,258$ 15,250$ 100%1,600$ 200% REVENUE OVER (UNDER) EXPENDITURES 304,717$ -$ 304,717$ 386,626$ 296,682$ Beginning Fund Balance October 1 2,147,440 2,147,440 1,841,724 Ending Fund Balance Current Month 2,452,157$ 2,534,066$ 2,138,406$ Notes 1 2 Investment Income is recorded when investment earnings are received. 3 Debt service is encumbered for the entire year. Principal and interest are paid in January and August. Property taxes are billed in October and the majority of collections occur December through February. Item 4b 7 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% VEHICLE AND EQUIPMENT REPLACEMENT FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Charges for Services -$ -$ -$ -$ -$ -$ 83,463$ -100% Other Reimbursements 20,000 - 20,000 - - 20,000 0%1 - Interest Income 15,000 - 15,000 2,729 - 12,271 18%3,013 Transfers In 1,069,091 - 1,069,091 177,413 - 891,678 17%- Total Revenue 1,104,091$ -$ 1,104,091$ 180,142$ -$ 923,949$ 16%86,477$ 108% EXPENDITURES Vehicle Replacement 335,433$ -$ 335,433$ -$ 266,958$ 68,475$ 80%2 53,106$ Equipment Replacement 48,800 - 48,800 9,425 - 39,375 0%- IT Replacement 94,700 - 94,700 - - 94,700 0%- Total Expenditures 478,933$ -$ 478,933$ 9,425$ 266,958$ 202,551$ 58%53,106$ REVENUE OVER (UNDER) EXPENDITURES 625,158$ -$ 625,158$ 170,717$ 33,371$ Beginning Fund Balance October 1 1,677,754 1,916,776 1,677,754 Ending Fund Balance Current Month 2,302,912$ 2,087,493$ 1,711,125$ Notes 1 Auction revenues and insurance reimbursements are placed in the Other Reimbursements account as they occur. 2 Funds have been encumbered for this year's replacement vehicles. Item 4b 8 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% STORM DRAINAGE UTILITY FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 528,351$ -$ 528,351$ 52,989$ -$ 475,362$ 10%1 39,989$ 33% 45-4 Interest Income 10,000 - 10,000 883 - 9,117 9%2 860 3% Other Revenue - - - - - - - Total Revenue 538,351$ -$ 538,351$ 53,871$ -$ 484,480$ 10%40,849$ 32% EXPENDITURES Personnel Services 150,649$ -$ 150,649$ 20,854$ -$ 129,795$ 14%21,200$ -2% Debt Service 291,545 - 291,545 - 291,545 - 100%3 - 45-7 Operating Expenditures 20,700 4,250 24,950 4,640 - 20,310 19%4 9,780 -53% Transfers Out 131,428 - 131,428 21,905 - 109,523 17%3,061 616% Total Expenses 594,322$ 4,250$ 598,572$ 47,399$ 291,545$ 259,628$ 57%30,980$ 53% REVENUE OVER (UNDER) EXPENDITURES (55,971)$ (4,250)$ (60,221)$ 6,472$ 9,869$ Beginning Working Capital October 1 94,566 94,566 167,585 Ending Working Capital Current Month 34,345$ 101,038$ 177,454$ Note 1 Storm drainage fees are in line for the two months of billing. Rate increases are reflected in this monthly report. 2 3 Debt service is encumbered for the entire budget. Principal and interest payments are paid in January and August. 4 Operating Expenditures relate to Whitley Place Drainage project. Interest income is recorded when received. The Town has unrealized gain on interest. Item 4b 9 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% PARK DEDICATION AND IMPROVEMENT FUNDS Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 370,718$ -$ 370,718$ -$ -$ 370,718$ 0%76,039$ -100% 60-4 Park Improvements 1,298,000 - 1,298,000 - - 1,298,000 0%29,330 -100% Contributions/Grants - - - - - - 3 - 60-4 Interest-Park Dedication 10,000 - 10,000 3,218 - 6,782 32%1,223 163% 60-4 Interest-Park Improvements 8,000 - 8,000 2,489 - 5,511 31%1,257 98% Total Revenue 1,686,718$ -$ 1,686,718$ 5,707$ -$ 1,681,011$ 0%107,849$ -95% EXPENDITURES 60-5 Miscellaneous Expense -$ -$ -$ -$ -$ -$ -$ Professional Services-Park Ded - - - - - - - 60-5 Professional Services-Park Imp - - - - - - - Developer Reimbursement-Park Imp - - - - - - - 60-6 Capital Exp-Park Imp 570,000 803,985 1,373,985 385 803,599 570,000 59%1 89,978 60-6 Capital Exp-Park Ded 1,160,000 440,658 1,600,658 - 460,008 1,140,650 29%2 - Transfers Out - - - - - - - Total Expenses 1,730,000$ 1,244,642$ 2,974,642$ 385$ 1,263,607$ 1,710,650$ 42%89,978$ -100% REVENUE OVER (UNDER) EXPENDITURES (43,282)$ (1,244,642)$ (1,287,924)$ 5,322$ 17,872$ Beginning Fund Balance October 1 3,691,797 3,691,797 2,148,564 Ending Fund Balance Current Month 2,403,873$ 3,697,119$ 2,166,436$ Notes 1 Frontier Park North Field Improvements - design and CMAR services and encumbrance for contract. 2 Frontier Park North Field Improvements - CMAR services and encumbrance for contract. 3 FY 2016-2017 Town of Prosper received the following grant funds: Grant proceeds from Texas Parks & Wildlife $413,325 for Frontier Park North project. Grant proceeds from Collin County $167,802 for Frontier Park North project. Item 4b 10 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% TIRZ #1 - BLUE STAR Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees 19,105$ -$ 19,105$ -$ 19,105$ 0%-$ Wastewater Impact Fees 14,110 - 14,110 - 14,110$ 0%- East Thoroughfare Impact Fees 332,938 - 332,938 - 332,938$ 0%- Property Taxes - Town (Current)212,036 - 212,036 - 212,036$ 0%- Property Taxes - Town (Rollback)- - - - -$ - Property Taxes - County (Current)84,975 - 84,975 - 84,975$ 0%- Sales Taxes - Town 365,000 - 365,000 12,186 352,814$ 3%- Sales Taxes - EDC 203,792 - 203,792 10,206 193,586$ 5%- Investment Income 20,000 - 20,000 284 19,716$ 1%- Other Revenue - - - - -$ Total Revenue 1,251,956$ -$ 1,251,956$ 22,675$ 1,229,281$ 2%-$ EXPENDITURES Professional Services -$ -$ -$ -$ -$ -$ Developer Rebate 1,245,915 - 1,245,915 - 1,245,915 0%- Transfers Out - - - - - Total Expenses 1,245,915$ -$ 1,245,915$ -$ 1,245,915$ 0%-$ REVENUE OVER (UNDER) EXPENDITURES 6,041$ 22,675$ -$ Beginning Fund Balance October 1 187,499 187,499 (7,500) Ending Fund Balance Current Month 193,540$ 210,174$ (7,500)$ Note Breakout of Rollback Taxes for all receiving entities:This was reported and collected in Tax Roll 2016 Collin County Collin College Prosper ISD Town of Prosper Total Annual 2010 26,367.03 9,481.15 179,076.09 57,128.58 245,685.82 2011 25,008.06 8,992.48 174,014.48 54,184.15 237,191.11 2012 23,633.32 8,498.06 164,448.53 51,205.53 224,152.12 2013 21,708.96 7,645.48 152,648.25 47,531.19 207,824.92 2014 25,225.28 8,797.72 179,260.51 55,817.65 243,875.88 Total By Entity 121,942.65 43,414.89 849,447.86 265,867.10 1,158,729.85 Item 4b 11 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% TIRZ #2 - MATTHEWS SOUTHWEST Original Budget Amended Current Year Prior Year Change from Budget Adjustment Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: West Thoroughfare Impact Fees 206,190$ -$ 206,190$ -$ 0%-$ Property Taxes - Town (Current)- - - - - Property Taxes - Town (Rollback)- - - - - Property Taxes - County (Current)- - - - - Investment Income - - - 39 - Total Revenue 206,190$ -$ 206,190$ 39$ 0%-$ EXPENDITURES Professional Services -$ -$ -$ -$ -$ Developer Rebate 206,978 - 206,978 - 0%- Transfers Out - - - - - Total Expenditures 206,978$ -$ 206,978$ -$ 0%-$ REVENUE OVER (UNDER) EXPENDITURES (788)$ 39$ -$ Beginning Fund Balance October 1 25,477 25,477 - Ending Fund Balance Current Month 24,689$ 25,516$ -$ Item 4b 12 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% WATER IMPACT FEES FUND Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Impact Fees Water 3,584,000$ -$ 3,584,000$ 612,335$ Interest - Water 40,000 - 40,000 6,982 Total Revenues 3,624,000$ -$ 3,624,000$ 619,317$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 975,000$ 975,000$ -$ 975,000$ 74,100 -$ 900,900$ 900,900$ Parks at Legacy Developer Reimb 25,000 25,000 - 25,000 - 25,000 25,000 Prosper Partners Developer Reimb 129,750 129,750 - 129,750 - - 129,750 129,750 PISD High School Developer Reimb 89,525 89,525 - 89,525 - - 89,525 89,525 Prosper Lakes Developer Reimb 97,500 97,500 - 97,500 - - 97,500 97,500 Star Trail Developer Reimb 292,500 292,500 - 292,500 292,500 292,500 TVG Windsong Developer Reimb 100,000 100,000 - 100,000 - 100,000 100,000 Total Developer Reimbursements 1,709,275$ 1,709,275$ -$ 1,709,275$ 74,100$ -$ 1,635,175$ -$ 1,635,175$ Capital Expenditures Impact Fee Study 67,473$ 9,637$ -$ 9,637$ -$ -$ 9,637$ 57,836$ 9,637$ Prosper Trail EST 4,403,300 1,044,171 - 1,044,171 40,500 70,200 933,471 3,248,429 1,044,171 Construction complete Lower Pressure Plane Pump Station Design 127,081 84,724 - 84,724 - - 84,724 42,357 84,724 County Line Elevated Storage 565,700 240,450 280,889 521,339 37,612 243,277 240,450 44,361 240,450 Design 50% complete - construction start date: Summer 2018 24" WL Connector County Line EST 2,232,850 2,043,474 - 2,043,474 21,069 586,556 1,435,850 189,376 1,435,850 Design 2% complete - construction start date: Summer 2018 Custer Road Pump Station Expansion 1,023,450 889,350 96,976 986,326 7,674 92,502 886,150 37,124 886,150 Design 50% complete - construction start date: Winter 2018 42" Lovers Lane Transmission Line 925,590 33,118 4,346 37,464 - 4,346 33,118 892,472 28,772 Construction complete Lower Pressure Plane Easements 1,487,150 1,487,150 - 1,487,150 - - 1,487,150 - 1,487,150 Total Projects 10,832,594$ 5,832,074$ 382,210$ 6,214,285$ 106,854$ 996,880$ 5,110,550$ 4,511,955$ 5,216,905$ Total Expenditures 12,541,869$ 7,541,349$ 382,210$ 7,923,560$ 180,954$ 996,880$ 6,745,725$ 4,511,955$ 6,852,080$ REVENUE OVER (UNDER) EXPENDITURES (4,299,560)$ 438,363$ Beginning Fund Balance October 1 4,018,070 4,018,070 Ending Fund Balance Current Month (281,490)$ 4,456,433$ Item 4b 13 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% WASTEWATER IMPACT FEES FUND Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Impact Fees Wastewater 600,000$ -$ 600,000$ 106,607$ Interest - Wastewater 10,000 - 10,000 1,780 Upper Trinity Equity Fee - - - 38,000 Total Revenues 610,000$ -$ 610,000$ 146,386$ EXPENDITURES Developer Reimbursements LaCima Developer Reimb 10,000$ 10,000$ -$ 10,000$ -$ -$ 10,000$ -$ 10,000$ TVG Westside Utility Developer Reimb 170,750 170,750 - 170,750 - - 170,750 - 170,750 Prosper Partners Utility Developer Reimb 34,150 34,150 - 34,150 - - 34,150 - 34,150 Frontier Estates Developer Reimb 51,225 51,225 - 51,225 - - 51,225 - 51,225 Brookhollow Developer Reimb 5,000 5,000 - 5,000 - 5,000 - 5,000 TVG Windsong Developer Reimb 68,300 68,300 - 68,300 - - 68,300 - 68,300 All Storage Developer Reimb 15,000 15,000 15,000 Total Developer Reimbursements 354,425$ 354,425$ -$ 354,425$ -$ -$ 339,425$ -$ 339,425$ Capital Expenditures Public Works Interceptor 1,045,000 227,598 85,672 227,598 72,892 12,781 141,926 817,402 141,926 Construction 98% complete Total Projects 1,045,000$ 227,598$ 85,672$ 227,598$ 72,892$ 12,781$ 141,926$ 817,402$ 141,926$ Total Expenditures 1,399,425$ 582,023$ 85,672$ 582,023$ 72,892$ 12,781$ 481,351$ 817,402$ 481,351$ REVENUE OVER (UNDER) EXPENDITURES 27,977$ 73,495$ Beginning Fund Balance October 1 1,067,434 1,067,434 Ending Fund Balance Current Month 1,095,411$ 1,140,929$ Item 4b 14 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% THOROUGHFARE IMPACT FEES FUND Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES East Thoroughfare Impact Fees 2,785,000$ -$ 2,785,000$ 399,495$ West Thoroughfare Impact Fees 1,850,000 - 1,850,000 261,258 Interest-East Thoroughfare Impact Fees 35,000 - 35,000 7,958 Interest-West Thoroughfare Impact Fees 7,500 - 7,500 1,203 Total Revenues 4,677,500$ -$ 4,677,500$ 669,914$ EXPENDITURES East Impact Fee Study 17,322$ -$ -$ -$ -$ -$ -$ 14,849$ 2,473$ Impact Fee Reimbursement Lakes of LaCima 300,000 - - - - - - 199,029 100,971 Frontier Pkwy BNSF Overpass 3,680,000 3,680,000 - 3,680,000 - - 3,680,000 - 3,680,000 Planning stage-all parties agreed to shared contribution Prosper Trail (Kroger - Coit)3,305,000 3,000,000 - 3,000,000 59,061 - 2,940,939 290,316 2,955,624 Design 99% complete-construction start Winter 2018 Prosper Trail (Coit - Custer)610,000 - 426,582 426,582 - 383,478 43,105 226,522 - Design 30% complete-field survey 100% complete Coit Road (First - Frontier)700,000 - 350,156 350,156 88,248 261,908 - 339,744 10,100 Design 60% complete First St. DNT-Coleman-EAST 585,000 193,805 - 193,805 - - 193,805 391,195 193,805 Design 70% complete FM2478 ROW (US380-FM1461)80,000 80,000 - 80,000 80,000 - - - - Agreement with TxDOT. Total East 9,277,322$ 6,953,805$ 776,738$ 7,730,543$ 227,309$ 645,386$ 6,857,849$ 1,461,655$ 6,942,973$ West Impact Fee Study 17,322 2,473$ -$ 2,473$ -$ -$ 2,473$ 14,849$ 2,473$ TVG Developer Reimb 1,000,000 1,000,000 1,000,000 1,000,000 - - 1,000,000 - 1,000,000 Parks at Legacy Developer Reimb 250,000 250,000 250,000 250,000 - - 250,000 - 250,000 Star Trail Developer Reimb 400,000 400,000 400,000 - - 400,000 - 400,000 200,000 198,040 75,000 198,040 - - 198,040 1,960 198,040 First St. DNT-Coleman-EAST 465,672 125,072 - 125,072 26,016 - 99,057 340,600$ 99,057 Design 70% complete Teel Parkway - DCFWSD#10 300,000 300,000 - 300,000 - - 300,000 - 300,000 Total West 2,632,994$ 2,275,585$ 1,325,000$ 2,275,585$ 26,016$ -$ 2,249,570$ 357,409$ 2,249,570$ Total Expenditures 11,910,316$ 9,229,390$ 2,101,738$ 10,006,128$ 253,325$ 645,386$ 9,107,418$ 1,819,064$ 9,192,542$ REVENUE OVER (UNDER) EXPENDITURES (5,328,628)$ 416,589$ Beginning Fund Balance October 1 5,797,212 5,797,212 Ending Fund Balance Current Month 468,584$ 6,213,801$ Cook Lane (First - End) Item 4b 15 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 Expected Year to Date Percent 16.67% SPECIAL REVENUE FUNDS Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Obligated Prior Year REVENUES Police Donation Revenue 15,000$ -$ 15,000$ 2,166$ -$ 12,834$ 14%2,252$ -4% Police Grant - - - - - - - Fire Donation Revenue 14,000 - 14,000 2,225 - 11,775 16%2,273 -2% Child Safety Revenue 5,000 - 5,000 341 - 4,659 7%370 Court Security Revenue 7,700 - 7,700 1,660 - 6,040 22%- Court Technology Revenue 10,395 - 10,395 2,213 - 8,182 21%- LEOSE Revenue 2,000 - 2,000 - - 2,000 - Library Grant - - - - - - - Interest Income 2,765 - 2,765 491 - 2,274 18%- Tree Mitigation Revenue - - - 27,475 - (27,475) - Cash Seizure/Forfeiture - - - - - - - Donations - ITTCC 1,000 - 1,000 - - 1,000 - Transfer In - - - - - - - Total Revenue 57,860$ -$ 57,860$ 36,571$ -$ 21,289$ 63%4,895$ 647% LEOSE Expenditure -$ -$ -$ -$ -$ -$ -$ Court Technology Expense - - - - - - - Court Security Expense 10,099 - 10,099 1,174 - 8,925 12%- Police Donation Expense 10,000 - 10,000 300 - 9,700 3%- Fire Donation Expense 5,000 36,618 41,618 - - 41,618 - Child Safety Expense 5,000 - 5,000 1,054 - 3,946 21%- Tree Mitigation Expense 10,000 - 10,000 - - 10,000 0%- Library Grant Expense - - - - - - - Police Seizure Expense 5,000 - 5,000 400 3,000 1,600 68%92 Total Expenses 45,099$ 36,618$ 81,717$ 2,928$ 3,000$ 75,789$ 4%92$ REVENUE OVER (UNDER) EXPENDITURES 12,761$ (36,618)$ (23,857)$ 33,642$ 4,803$ Beginning Fund Balance October 1 275,202$ 275,202$ 1,143,867$ Ending Fund Balance Current Month 251,345$ 308,844$ 1,148,670$ Item 4b 16 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 CAPITAL PROJECTS FUND-GENERAL Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Grants -$ -$ -$ -$ Contributions/Interlocal Revenue - - - - Bond Proceeds 18,535,000 - 18,535,000 - Interest 125,000 - 125,000 15,759 Interest-2004 Bond 2,000 - 2,000 385 Interest-2006 Bond 1,600 - 1,600 526 Interest-2008 Bond 1,000 - 1,000 149 Interest-2012 GO Bond 1,000 - 1,000 201 Interest-2015 Bond 25,000 - 25,000 3,960 Interest-2016 Bond 20,000 - 20,000 2,644 Interest-2017 Bond 25,000 25,000 3,331 Transfers In-Bond Proceeds & Impact Fee Funds 920,000 - 920,000 2,056,259 Total Revenues 19,655,600$ -$ 19,655,600$ 2,083,215$ EXPENDITURES Downtown Enhancements 1,850,000 1,702,400 21,000 1,723,400 - 21,000 1,702,400 126,600 1,702,400 Design 95% complete-construction start date: Winter 2018 West Prosper Roads 12,531,000 4,886,842 4,886,842 4,909 4,884,383 (2,450) 7,644,159 (2,450) Phase 1-Construction complete - - Phase 2-design 95% complete; construction start date: Sparing 2018 Phase 3-design 90% complete; construction start date: Summer 2018 Prosper Trail (Kroger to Coit)975,000 702,022 - 702,022 51,236 20,415 630,372 272,978 630,372 Design 99% complete-construction start date: Winter 2018 First Street (DNT to Coleman)1,076,000 361,212 133,461 361,212 12,250 133,461 215,501 571,177 359,112 Design 70% complete Old Town Streets 2015 (Broadway,Fifth, McKinley)1,000,000 1,000,000 - 1,000,000 - 155,000 845,000 - 845,000 Design survey, preliminary plans 20% complete and survey 60% complete Main Street (First - Broadway)625,000 150 442,067 442,217 26,132 389,427 26,658 182,783 36 Construction 31% complete Eighth Street (Church-PISD)260,000 260,000 - 260,000 - - 260,000 - 260,000 Project moved to 2020-2025 Church Street (First-PISD)750,000 - - - - - - 684,360 65,640 Project complete Field Street (First-Broadway)250,000 250,000 - 250,000 - - 250,000 - 250,000 Project moved to 2020-2025 Parvin Road (Good Hope-FM1385)270,000 270,000 - 270,000 - - 270,000 - 270,000 Project moved to 2020-2025 Pasewark (Preston-Hickory)400,000 400,000 - 400,000 - - 400,000 - 400,000 Project moved to 2020-2025 Parvin (Broadway-Eighth)515,000 126,021 9,020 135,041 9,020 - 126,021 379,960 126,021 Construction 100% complete Sixth Street (Coleman-Church)430,000 177,702 123,426 301,128 123,426 - 177,702 128,873 177,702 Construction 100% complete Third Street (Church-Lane)320,000 87,236 225,165 312,401 225,165 - 87,236 7,600 87,236 Construction 100% complete Town Hall Infrastructure Improvements 1,337,550 206,607 703,672 910,279 185,965 502,907 221,407 615,628 33,050 Construction 68% complete Windsong Ranch, Phase I (Acacia Parkway)1,022,782 1,022,782 - 1,022,782 1,137 - 1,021,645 3,769 1,017,876 Reytech scheduled to start Jan. 2018. Anticipated completion: Spring 2018 Windsong Ranch, Phase 2 1,630,000 - 1,630,000 1,630,000 - 919,955 710,045 - 710,045 Injection stablization started 12/3. Anticipated completion: Winter 2018 Fithth Street (Coleman - Church)375,000 375,000 - 375,000 - - 375,000 - 375,000 Third Street (Main - Coleman)250,000 250,000 - 250,000 - - 250,000 - 250,000 Total Street Projects 25,867,332$ 7,191,132$ 8,174,652$ 15,232,322$ 639,238$ 7,026,548$ 7,566,536$ 10,617,885$ 7,557,038$ Decorative Monument Street Signs 150,000 34,514 - 34,514 - - 34,514 115,486 34,514 Construction 95% complete Coit Rd & Prosper Trail - traffic signal 220,000 220,000 - 220,000 - 214,490 5,510 - 5,510 Contract awarded 10/24/17 - construction start Fall 2017 Total Traffic Projects 370,000$ 254,514$ -$ 254,514$ -$ 214,490$ 40,024$ 115,486$ 40,024$ Frontier Park - North Field Improvements 10,684,705$ 495,090$ 2,404,301$ 2,899,391$ 1,120,415$ 1,283,886$ 495,090$ 7,161,424$ 1,118,980$ Construction 80% complete Total Park Projects 10,684,705$ 495,090$ 2,404,301$ 2,899,391$ 1,120,415$ 1,283,886$ 495,090$ 7,161,424$ 1,118,980$ Town Hall Professional Services 2,240,695 200,000 161,575 361,575 27,702 129,179 204,695 2,095,680 (11,865) Town Hall Multipurpose Facility 19,989,691 385,500 9,124,285 9,509,785 1,121,904 8,002,380 385,500 10,479,906 385,500 Construction 65% complete Town Hall - FF&E 1,362,000 1,362,000 - 1,362,000 114 125,915 1,235,971 2,335 1,233,636 Windsong FS Apparatus 1,078,000 - 281,089 281,089 - 281,089 - 804,082 (7,171) Public Safety Complex, Phase 1 1,000,000 1,000,000 - 1,000,000 - - 1,000,000 - 1,000,000 Parks and Public Works Complex 900,000 900,000 - 900,000 - - 900,000 - 900,000 Total Facility Projects 26,570,386$ 3,847,500$ 9,566,949$ 13,414,449$ 1,149,720$ 8,538,563$ 3,726,166$ 13,382,003$ 3,500,100$ Transfer Out - GF -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 63,492,423$ 11,788,236$ 20,145,901$ 31,800,676$ 2,909,373$ 17,063,487$ 11,827,815$ 31,276,798$ 12,216,143$ REVENUE OVER (UNDER) EXPENDITURES (12,145,076)$ (826,159)$ Beginning Fund Balance October 1 19,960,246 19,960,246 Ending Fund Balance Current Month 7,815,170$ 19,134,087$ Item 4b 17 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT November 30, 2017 CAPITAL PROJECTS FUND-WATER/SEWER Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Interest Income 30,000$ -$ 30,000$ 3,697$ Interest-2016 Bond 3,500 3,500 951 Interest-2017 Bond 4,000 4,000 1,472 Bond Proceeds 11,150,000 - 11,150,000 - Transfers In - - - 292,831 Total Revenues 11,187,500$ -$ 11,187,500$ 298,952$ EXPENDITURES PRV's at BNSF Railroad 582,000$ 434,215$ -$ 434,215$ -$ -$ 434,215$ 147,785$ 434,215$ Pre-Construction Lower Pressure Plane Pump Station Design 1,435,100 1,325,503 - 1,325,503 - 39,286 1,286,217 109,597 1,286,217 Construction complete for Lovers Lane Prosper Trail EST Construction 517,300 25,981 9,650 35,631 - 9,650 25,981 481,669 25,981 Construction complete FishTrap EST (South)5,415,000 5,415,000 - 5,415,000 - - 5,415,000 - 5,415,000 Water Supply Line Phase 1 9,694,479 9,694,479 - 9,694,479 - - 9,694,479 - 9,694,479 Design 2% complete; construction Summer 2018 Water Supply Line Phase 1 Easement Costs 1,941,500 1,941,500 - 1,941,500 - - 1,941,500 - 1,941,500 Design 2% complete; construction Summer 2018 Total Water Projects 19,585,379$ 18,836,678$ 9,650$ 18,846,328$ -$ 48,936$ 18,797,392$ 739,050$ 18,797,393$ Old Town Drainage 500,000 448,800 12,460 461,260 - 12,460 448,800 38,740 448,800 Design 30% complete-construction start date: Summer 2018 Coleman Rd Drainage 300,000 279,150 3,350 282,500 - 3,350 279,150 17,500 279,150 Old Town Land Drainage Land Acq 925,000 285,654 185,000 470,654 453,704 10,000 6,950 79,297 382,000 Old Town Drainage Broadway Design & Construction 575,000 200,000 (175,000) 25,000 - - 25,000 - 575,000 Old Town Drainage Trunk Main 600,000 - 1,235 1,235 - 1,235 - 598,765 - Construction complete Old Town Drainage-First and Main 800,000 118,985 153,820 272,805 140,000 13,820 118,985 441,177 205,003 Amberwood Farms Drainage 32,000 32,000 - 32,000 - - 32,000 - 32,000 Project on hold Old Town Drainage Fifth Street Trunk Main 400,000 400,000 - 400,000 - - 400,000 - 400,000 Total Drainage Projects 4,132,000$ 1,764,589$ 180,865$ 1,945,454$ 593,704$ 40,865$ 1,310,885$ 1,175,478$ 2,321,953$ Total Expenses 23,717,379$ 20,601,267$ 190,515$ 20,791,782$ 593,704$ 89,801$ 20,108,277$ 1,914,528$ 21,119,346$ (9,604,282)$ (294,752)$ Beginning Working Capital October 1 6,454,800 6,454,800 Ending Working Capital Current Month (3,149,482)$ 6,160,048$ Item 4b 18 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-4035-10-00 3% Construction Fee - 505,330.00 - 505,330.00 - 232,575.66 - 232,575.66 46.03 - 272,754.34 100-4061-10-00 Notary Fees - 200.00 - 200.00 - 36.00 - 30.00 18.00 - 164.00 100-4105-10-00 Property Taxes -Delinquent - 135,952.00 - 135,952.00 - 9,083.51 - 2,842.05 6.68 - 126,868.49 100-4110-10-00 Property Taxes -Current - 12,017,913.00 - 12,017,913.00 - 908,033.57 - 694,108.68 7.56 - 11,109,879.43 100-4115-10-00 Taxes -Penalties - 49,818.00 - 49,818.00 - 3,594.57 - 983.02 7.22 - 46,223.43 100-4120-10-00 Sales Taxes - 6,142,420.00 - 6,142,420.00 - 1,028,741.82 - 577,731.83 16.75 - 5,113,678.18 100-4130-10-00 Sales Tax-Mixed Beverage - 23,414.00 - 23,414.00 - 23,414.00 100-4140-10-00 Franchise Taxes - Electric - 505,324.00 - 505,324.00 - 505,324.00 100-4150-10-00 Franchise Taxes - Telephone - 193,576.00 - 193,576.00 - 313.57 - 312.76 0.16 - 193,262.43 100-4160-10-00 Franchise Taxes - Gas - 102,138.00 - 102,138.00 - 102,138.00 100-4170-10-00 Franchise Taxes - Road Usage - 38,000.00 - 38,000.00 - 132.12 - 66.06 0.35 - 37,867.88 100-4185-10-00 Franchise Fee - W/S Fund - 225,539.00 - 225,539.00 - 225,539.00 100-4190-10-00 Franchise Fee-Cable - 40,513.00 - 40,513.00 - 40,513.00 100-4200-10-00 T-Mobile Fees - 51,489.00 - 51,489.00 - 5,767.50 - 2,883.75 11.20 - 45,721.50 100-4201-10-00 Tierone Converged Network - 18,000.00 - 18,000.00 - 3,000.00 - 1,500.00 16.67 - 15,000.00 100-4202-10-00 NTTA Tag Sales - 150.00 - 150.00 - 55.00 36.67 - 95.00 100-4205-10-00 Blue Wireless Fees (Panaband)- 25,888.00 - 25,888.00 - 4,562.62 - 2,281.31 17.62 - 21,325.38 100-4206-10-00 Verizon Antenna Lease - 32,200.00 - 32,200.00 - 32,200.00 100-4218-10-00 Administrative Fees-EDC - 15,000.00 - 15,000.00 - 2,500.00 - 1,250.00 16.67 - 12,500.00 100-4230-10-00 Other Permits - 1,165.00 - 1,165.00 - 1,165.00 100-4610-10-00 Interest Income - 147,930.00 - 147,930.00 - 18,053.76 - 12,074.29 12.20 - 129,876.24 100-4910-10-00 Other Revenue - 475,000.00 - 475,000.00 - 1,081.01 - 648.00 0.23 - 473,918.99 100-4995-10-00 Transfer In/Out - 896,634.00 - 896,634.00 - 149,439.00 - 74,719.50 16.67 - 747,195.00 100-4410-10-07 Court Fines - 419,580.00 - 419,580.00 - 84,403.35 - 42,340.41 20.12 - 335,176.65 100-4930-10-99 Insurance Proceeds - 3,351.94 3,351.94 100-4060-20-01 NSF Fees - 25.00 - 25.00 25.00 100-4230-20-01 Other Permits - 1,512.00 - 1,512.00 - 75.00 - 50.00 4.96 - 1,437.00 100-4440-20-01 Accident Reports - 967.00 - 967.00 - 186.00 - 137.00 19.24 - 781.00 100-4450-20-01 Alarm Fee - 48,135.00 - 48,135.00 - 7,872.00 - 5,208.00 16.35 - 40,263.00 100-4910-20-01 Other Revenue - 2,000.00 - 2,000.00 - 1,097.50 - 332.50 54.88 - 902.50 100-4310-30-01 Charges for Services - 278,156.00 - 278,156.00 - 47,367.83 - 23,808.01 17.03 - 230,788.17 100-4411-30-01 CC Fire Assoc - 500.00 - 500.00 - 158.29 - 158.29 31.66 - 341.71 100-4315-30-05 Fire Review/Inspect Fees - 93,268.00 - 93,268.00 - 4,775.00 - 3,200.00 5.12 - 88,493.00 100-4017-40-01 Contractor Registration Fee - 65,000.00 - 65,000.00 - 9,000.00 - 3,400.00 13.85 - 56,000.00 100-4060-40-01 NSF Fees - 3.00 3.00 100-4210-40-01 Building Permits - 2,747,700.00 - 2,747,700.00 - 627,633.64 - 314,879.67 22.84 - 2,120,066.36 100-4230-40-01 Other Permits - 200,000.00 - 200,000.00 - 32,544.60 - 17,429.60 16.27 - 167,455.40 100-4240-40-01 Plumb/Elect/Mech Permits - 45,000.00 - 45,000.00 - 6,630.00 - 3,720.00 14.73 - 38,370.00 100-4242-40-01 Re-inspection Fees - 45,000.00 - 45,000.00 - 11,250.00 - 4,700.00 25.00 - 33,750.00 100-4910-40-01 Other Revenue - 18,000.00 - 18,000.00 - 5,365.50 - 2,396.67 29.81 - 12,634.50 100-4245-40-02 Health Inspections - 17,720.00 - 17,720.00 - 4,550.00 - 2,600.00 25.68 - 13,170.00 100-4910-40-02 Other Revenue - 2,000.00 - 2,000.00 - 2,000.00 Item 4b 19 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-4220-40-03 Zoning Application Fees - 20,000.00 - 20,000.00 - 13,824.94 - 10,314.94 69.13 - 6,175.06 100-4225-40-03 Development Application Fees - 50,000.00 - 50,000.00 - 6,485.00 - 5,550.00 12.97 - 43,515.00 100-4910-40-03 Other Revenue - 8,000.00 - 8,000.00 - 1,250.00 - 600.00 15.63 - 6,750.00 100-4910-50-01 Other Revenue - 15,000.00 - 15,000.00 - 10,260.00 - 10,260.00 68.40 - 4,740.00 100-4056-60-00 Field Rental Fees - 74,800.00 - 74,800.00 - 19,897.50 - 330.00 26.60 - 54,902.50 100-4057-60-00 Pavilion User Fees - 4,000.00 - 4,000.00 - 295.00 7.38 - 3,705.00 100-4058-60-00 Park Program Fees - 44,000.00 - 44,000.00 - 3,634.50 - 1,926.00 8.26 - 40,365.50 100-4721-60-00 Prosper Christmas Donations - 12,000.00 - 12,000.00 - 15,380.00 - 7,600.00 128.17 3,380.00 100-4063-60-05 Lost Fees - 200.00 - 200.00 - 36.97 18.49 - 163.03 100-4064-60-05 Printing/Copying Fees - 50.00 - 50.00 - 13.80 - 11.90 27.60 - 36.20 100-4065-60-05 Book Fines - 660.00 - 660.00 - 283.48 - 188.79 42.95 - 376.52 100-4910-60-05 Other Revenue - 250.00 - 250.00 - 1.36 - 0.26 0.54 - 248.64 100-5110-10-01 Salaries & Wages 72,591.00 72,591.00 10,842.56 5,421.28 14.94 61,748.44 100-5140-10-01 Salaries - Longevity Pay 275.00 275.00 275.00 275.00 100.00 100-5145-10-01 Social Security Expense 4,518.00 4,518.00 677.50 347.28 15.00 3,840.50 100-5150-10-01 Medicare Expense 1,057.00 1,057.00 158.45 81.22 14.99 898.55 100-5155-10-01 SUTA Expense 171.00 171.00 171.00 100-5160-10-01 Health Insurance 6,796.00 6,796.00 1,029.28 514.64 15.15 5,766.72 100-5165-10-01 Dental Insurance 434.00 434.00 78.56 39.28 18.10 355.44 100-5170-10-01 Life Insurance/AD&D 113.00 113.00 18.76 9.38 16.60 94.24 100-5175-10-01 Liability (TML)/Workers' Comp 71.00 71.00 21.28 10.90 29.97 49.72 100-5180-10-01 TMRS Expense 10,172.00 10,172.00 1,506.97 771.99 14.82 8,665.03 100-5185-10-01 Long/Short Term Disability 134.00 134.00 20.60 10.30 15.37 113.40 100-5186-10-01 WELLE-Wellness Prog Reimb Empl 600.00 600.00 78.32 39.16 13.05 521.68 100-5190-10-01 Contract Labor 100.00 100.00 45.00 45.00 45.00 55.00 100-5210-10-01 Office Supplies 1,200.00 1,200.00 1,200.00 100-5212-10-01 Building Supplies 700.00 700.00 213.41 81.07 30.49 486.59 100-5230-10-01 Dues,Fees,& Subscriptions 6,220.00 6,220.00 2,305.75 2,016.00 37.07 3,914.25 100-5240-10-01 Postage and Delivery 100.00 100.00 0.46 0.46 0.46 99.54 100-5250-10-01 Publications 400.00 400.00 400.00 100-5280-10-01 Printing and Reproduction 150.00 150.00 150.00 100-5330-10-01 Copier Expense 250.00 250.00 21.79 21.79 8.72 228.21 100-5340-10-01 Building Repairs 300.00 300.00 300.00 100-5410-10-01 Professional Services 292,313.00 292,313.00 41,496.35 21,977.81 250,816.65 14.20 100-5430-10-01 Legal Fees 72,450.00 72,450.00 5,555.60 7.67 66,894.40 100-5480-10-01 Contracted Services 9,755.00 9,755.00 1,518.13 746.05 15.56 8,236.87 100-5523-10-01 Water/Sewer Charges 183.00 183.00 30.18 17.35 16.49 152.82 100-5524-10-01 Gas 500.00 500.00 162.37 115.52 32.47 337.63 100-5525-10-01 Electricity 7,250.00 7,250.00 4,759.91 4,282.28 65.65 2,490.09 100-5526-10-01 Data Network 725.00 725.00 75.98 37.99 10.48 649.02 100-5530-10-01 Travel 250.00 250.00 - 4.87 - 1.95 254.87 100-5533-10-01 Mileage Expense 200.00 200.00 200.00 Item 4b 20 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5536-10-01 Training/Seminars 200.00 200.00 200.00 100-7145-10-01 Transfer to VERF 623.00 623.00 103.84 51.92 16.67 519.16 100-5110-10-02 Salaries & Wages 196,973.00 196,973.00 21,470.86 10,859.98 10.90 175,502.14 100-5115-10-02 Salaries - Overtime 3,565.00 3,565.00 58.41 1.64 3,506.59 100-5140-10-02 Salaries - Longevity Pay 270.00 270.00 270.00 270.00 100.00 100-5143-10-02 Cell Phone Allowance 1,080.00 1,080.00 150.00 75.00 13.89 930.00 100-5145-10-02 Social Security Expense 12,517.00 12,517.00 1,352.39 690.51 10.80 11,164.61 100-5150-10-02 Medicare Expense 2,928.00 2,928.00 316.29 161.50 10.80 2,611.71 100-5155-10-02 SUTA Expense 855.00 855.00 855.00 100-5160-10-02 Health Insurance 12,048.00 12,048.00 12,048.00 100-5165-10-02 Dental Insurance 792.00 792.00 35.72 35.72 4.51 756.28 100-5170-10-02 Life Insurance/AD&D 318.00 318.00 46.34 27.86 14.57 271.66 100-5175-10-02 Liability (TML)/Workers' Comp 337.00 337.00 41.36 21.14 12.27 295.64 100-5180-10-02 TMRS Expense 27,308.00 27,308.00 2,734.06 1,498.09 10.01 24,573.94 100-5185-10-02 Long/Short Term Disability 367.00 367.00 28.96 14.48 7.89 338.04 100-5186-10-02 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 1,200.00 100-5193-10-02 Records Retention 2,275.00 2,275.00 217.50 9.56 2,057.50 100-5210-10-02 Office Supplies 2,900.00 2,900.00 112.30 112.30 3.87 2,787.70 100-5212-10-02 Building Supplies 1,000.00 1,000.00 213.40 81.07 21.34 786.60 100-5220-10-02 Office Equipment 1,600.00 1,600.00 1,600.00 100-5230-10-02 Dues,Fees,& Subscriptions 895.00 895.00 263.75 15.00 29.47 631.25 100-5240-10-02 Postage and Delivery 200.00 200.00 17.29 11.66 8.65 182.71 100-5280-10-02 Printing and Reproduction 700.00 700.00 700.00 100-5310-10-02 Rental Expense 6,350.00 6,350.00 514.00 8.09 5,836.00 100-5330-10-02 Copier Expense 1,800.00 1,800.00 169.39 169.39 9.41 1,630.61 100-5340-10-02 Building Repairs 700.00 700.00 700.00 100-5430-10-02 Legal Fees 35,600.00 35,600.00 3,544.36 9.96 32,055.64 100-5435-10-02 Legal Notices/Filings 6,800.00 6,800.00 412.40 6.07 6,387.60 100-5460-10-02 Election Expense 9,691.00 9,691.00 9,691.00 100-5480-10-02 Contracted Services 13,375.00 13,375.00 5,375.00 5,000.00 40.19 8,000.00 100-5520-10-02 Telephones 870.00 870.00 71.80 35.90 8.25 798.20 100-5523-10-02 Water/Sewer Charges 228.00 228.00 32.37 17.79 14.20 195.63 100-5526-10-02 Data Network 460.00 460.00 75.98 37.99 16.52 384.02 100-5530-10-02 Travel 6,100.00 6,100.00 42.00 34.24 0.69 6,058.00 100-5533-10-02 Mileage Expense 1,125.00 1,125.00 1,125.00 100-5536-10-02 Training/Seminars 3,200.00 3,200.00 3,200.00 100-5538-10-02 Council/Public Official Expnse 24,000.00 24,000.00 1,217.33 388.41 5.07 22,782.67 100-5600-10-02 Special Events 4,500.00 4,500.00 4,500.00 100-7145-10-02 Transfer to VERF 3,157.00 3,157.00 526.16 263.08 16.67 2,630.84 100-5110-10-03 Salaries & Wages 513,758.00 513,758.00 72,978.78 36,474.35 14.21 440,779.22 100-5115-10-03 Salaries - Overtime 30.08 30.08 - 30.08 100-5126-10-03 Salaries-Vacation Buy-Out 4,645.00 4,645.00 2,537.84 2,537.84 54.64 2,107.16 Item 4b 21 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5140-10-03 Salaries - Longevity Pay 730.00 730.00 620.00 620.00 84.93 110.00 100-5145-10-03 Social Security Expense 32,187.00 32,187.00 4,513.28 2,354.53 14.02 27,673.72 100-5150-10-03 Medicare Expense 7,528.00 7,528.00 1,055.52 550.66 14.02 6,472.48 100-5155-10-03 SUTA Expense 1,197.00 1,197.00 1,197.00 100-5160-10-03 Health Insurance 44,537.00 44,537.00 6,979.56 3,489.78 15.67 37,557.44 100-5165-10-03 Dental Insurance 2,480.00 2,480.00 390.60 195.30 15.75 2,089.40 100-5170-10-03 Life Insurance/AD&D 700.00 700.00 96.80 48.40 13.83 603.20 100-5175-10-03 Liability (TML)/Workers' Comp 525.00 525.00 145.24 75.62 27.67 379.76 100-5180-10-03 TMRS Expense 72,380.00 72,380.00 10,289.50 5,357.26 14.22 62,090.50 100-5185-10-03 Long/Short Term Disability 949.00 949.00 138.66 69.30 14.61 810.34 100-5186-10-03 WELLE-Wellness Prog Reimb Empl 2,700.00 2,700.00 278.32 139.16 10.31 2,421.68 100-5210-10-03 Office Supplies 4,000.00 4,000.00 982.38 254.58 24.56 3,017.62 100-5212-10-03 Building Supplies 2,500.00 2,500.00 1,096.77 302.65 43.87 1,403.23 100-5220-10-03 Office Equipment 3,130.00 3,130.00 3,130.00 100-5230-10-03 Dues,Fees,& Subscriptions 6,633.00 6,633.00 393.75 45.00 5.94 6,239.25 100-5240-10-03 Postage and Delivery 1,800.00 1,800.00 185.09 74.64 10.28 1,614.91 100-5280-10-03 Printing and Reproduction 150.00 150.00 72.40 48.27 77.60 100-5290-10-03 Other Charges and Services 600.00 600.00 600.00 100-5310-10-03 Rental Expense 28,100.00 28,100.00 4,702.80 3,135.20 7,838.00 16.74 15,559.20 100-5330-10-03 Copier Expense 1,800.00 1,800.00 138.82 138.82 7.71 1,661.18 100-5340-10-03 Building Repairs 250.00 250.00 18.00 7.20 232.00 100-5410-10-03 Professional Services 8,744.00 5,000.00 13,744.00 5,000.00 5,000.00 36.38 8,744.00 100-5412-10-03 Audit Fees 39,560.00 39,560.00 8,000.00 875.00 30,150.00 20.22 1,410.00 100-5414-10-03 Appraisal/Tax Fees 113,444.00 113,444.00 24,076.25 24,076.25 21.22 89,367.75 100-5418-10-03 IT Fees 49,100.00 49,100.00 11,100.00 500.00 22.61 38,000.00 100-5419-10-03 IT Licenses 10,000.00 10,000.00 10,000.00 100-5430-10-03 Legal Fees 7,750.00 7,750.00 418.00 5.39 7,332.00 100-5435-10-03 Legal Notices/Filings 75.00 75.00 82.80 110.40 - 7.80 100-5480-10-03 Contracted Services 8,890.00 8,890.00 1,515.13 632.96 17.04 7,374.87 100-5520-10-03 Telephones 1,865.00 1,865.00 197.52 98.76 10.59 1,667.48 100-5523-10-03 Water/Sewer Charges 409.00 409.00 51.03 26.84 12.48 357.97 100-5525-10-03 Electricity 7,000.00 7,000.00 981.98 440.31 14.03 6,018.02 100-5530-10-03 Travel 8,500.00 8,500.00 291.58 146.58 3.43 8,208.42 100-5533-10-03 Mileage Expense 1,505.00 1,505.00 480.85 446.61 31.95 1,024.15 100-5536-10-03 Training/Seminars 6,290.00 6,290.00 6,290.00 100-7145-10-03 Transfer to VERF 1,819.00 1,819.00 303.16 151.58 16.67 1,515.84 100-5110-10-04 Salaries & Wages 226,568.00 226,568.00 22,298.75 14,839.00 9.84 204,269.25 100-5126-10-04 Salaries-Vacation Buy-Out 5,599.00 5,599.00 5,599.00 100-5140-10-04 Salaries - Longevity Pay 295.00 295.00 295.00 100-5145-10-04 Social Security Expense 14,871.00 14,871.00 1,375.65 916.59 9.25 13,495.35 100-5150-10-04 Medicare Expense 3,479.00 3,479.00 321.72 214.35 9.25 3,157.28 100-5155-10-04 SUTA Expense 513.00 513.00 513.00 Item 4b 22 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5160-10-04 Health Insurance 24,335.00 24,335.00 24,335.00 100-5165-10-04 Dental Insurance 1,350.00 1,350.00 78.56 39.28 5.82 1,271.44 100-5170-10-04 Life Insurance/AD&D 288.00 288.00 18.76 9.38 6.51 269.24 100-5175-10-04 Liability (TML)/Workers' Comp 13,223.00 13,223.00 42.37 28.20 0.32 13,180.63 100-5180-10-04 TMRS Expense 33,221.00 33,221.00 1,346.00 673.00 4.05 31,875.00 100-5185-10-04 Long/Short Term Disability 1,926.00 1,926.00 19.00 9.50 0.99 1,907.00 100-5186-10-04 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 1,800.00 100-5191-10-04 Hiring Cost 23,200.00 23,200.00 4,355.31 421.31 18.77 18,844.69 100-5210-10-04 Office Supplies 2,710.00 2,710.00 29.72 1.10 2,680.28 100-5220-10-04 Office Equipment 11,000.00 11,000.00 11,000.00 100-5230-10-04 Dues,Fees,& Subscriptions 5,530.00 5,530.00 507.75 259.00 9.18 5,022.25 100-5240-10-04 Postage and Delivery 382.00 382.00 2.47 2.01 0.65 379.53 100-5250-10-04 Publications 500.00 500.00 500.00 100-5280-10-04 Printing and Reproduction 2,000.00 2,000.00 2,000.00 100-5330-10-04 Copier Expense 1,160.00 1,160.00 157.51 157.51 13.58 1,002.49 100-5410-10-04 Professional Services 41,000.00 41,000.00 10,000.00 24.39 31,000.00 100-5419-10-04 IT Licenses 4,285.00 4,285.00 4,285.00 100-5430-10-04 Legal Fees 10,000.00 10,000.00 38.00 0.38 9,962.00 100-5435-10-04 Legal Notices/Filings 91.20 - 91.20 100-5480-10-04 Contracted Services 352.60 352.60 - 352.60 100-5520-10-04 Telephones 1,020.00 1,020.00 - 36.21 - 3.55 1,056.21 100-5523-10-04 Water/Sewer Charges 142.00 142.00 17.75 9.34 12.50 124.25 100-5526-10-04 Data Network 480.00 480.00 75.98 37.99 15.83 404.02 100-5530-10-04 Travel 4,600.00 4,600.00 4,600.00 100-5533-10-04 Mileage Expense 1,000.00 1,000.00 1,000.00 100-5536-10-04 Training/Seminars 5,700.00 5,700.00 3,420.00 60.00 2,280.00 100-5600-10-04 Special Events 10,000.00 10,000.00 67.31 67.31 0.67 9,932.69 100-7145-10-04 Transfer to VERF 731.00 731.00 121.84 60.92 16.67 609.16 100-5110-10-05 Salaries & Wages 195,853.00 195,853.00 29,253.60 14,626.80 14.94 166,599.40 100-5115-10-05 Salaries - Overtime 1,760.00 1,760.00 230.94 230.94 13.12 1,529.06 100-5140-10-05 Salaries - Longevity Pay 190.00 190.00 190.00 190.00 100.00 100-5143-10-05 Cell Phone Allowance 2,760.00 2,760.00 460.00 230.00 16.67 2,300.00 100-5145-10-05 Social Security Expense 12,436.00 12,436.00 1,708.62 884.79 13.74 10,727.38 100-5150-10-05 Medicare Expense 2,909.00 2,909.00 399.59 206.93 13.74 2,509.41 100-5155-10-05 SUTA Expense 342.00 342.00 342.00 100-5160-10-05 Health Insurance 21,656.00 21,656.00 3,359.20 1,679.60 15.51 18,296.80 100-5165-10-05 Dental Insurance 996.00 996.00 165.96 82.98 16.66 830.04 100-5170-10-05 Life Insurance/AD&D 270.00 270.00 44.88 22.44 16.62 225.12 100-5175-10-05 Liability (TML)/Workers' Comp 194.00 194.00 56.45 28.55 29.10 137.55 100-5180-10-05 TMRS Expense 27,999.00 27,999.00 4,007.65 2,032.16 14.31 23,991.35 100-5185-10-05 Long/Short Term Disability 362.00 362.00 55.60 27.80 15.36 306.40 100-5186-10-05 WELLE-Wellness Prog Reimb Empl 600.00 600.00 100.00 50.00 16.67 500.00 Item 4b 23 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5210-10-05 Office Supplies 500.00 500.00 500.00 100-5212-10-05 Building Supplies 500.00 500.00 500.00 100-5220-10-05 Office Equipment 1,000.00 1,000.00 1,000.00 100-5225-10-05 Computer Hardware 31,778.00 31,778.00 52.40 0.17 31,725.60 100-5230-10-05 Dues,Fees,& Subscriptions 500.00 500.00 500.00 100-5240-10-05 Postage and Delivery 300.00 300.00 300.00 100-5280-10-05 Printing and Reproduction 200.00 200.00 200.00 100-5290-10-05 Other Charges and Services 200.00 200.00 200.00 100-5330-10-05 Copier Expense 60,000.00 60,000.00 4,678.01 2,324.30 27,827.16 7.80 27,494.83 100-5400-10-05 Uniform Expense 800.00 800.00 800.00 100-5410-10-05 Professional Services 23,310.00 - 23,310.00 100-5418-10-05 IT Fees 34,765.00 34,765.00 4,100.00 2,350.00 2,900.00 11.79 27,765.00 100-5419-10-05 IT Licenses 42,860.00 42,860.00 14,200.62 28,659.38 100-5430-10-05 Legal Fees 1,500.00 1,500.00 247.00 16.47 1,253.00 100-5480-10-05 Contracted Services 16,728.00 16,728.00 19,054.00 10,800.00 113.91 - 2,326.00 100-5520-10-05 Telephones 33,000.00 33,000.00 6,281.35 2,531.38 19.03 26,718.65 100-5523-10-05 Water/Sewer Charges 133.00 133.00 16.64 8.75 12.51 116.36 100-5526-10-05 Data Network 48,000.00 48,000.00 6,309.60 3,302.81 13.15 41,690.40 100-5530-10-05 Travel 5,000.00 5,000.00 5,000.00 100-5533-10-05 Mileage Expense 1,500.00 1,500.00 1,500.00 100-5536-10-05 Training/Seminars 5,000.00 5,000.00 5,000.00 100-5620-10-05 Tools & Equipment 1,000.00 1,000.00 1,000.00 100-5630-10-05 Safety Equipment 500.00 500.00 500.00 100-6125-10-05 Capital Expense-Technology 143,862.00 23,310.00 167,172.00 167,172.00 100-7145-10-05 Transfer to VERF 16,884.00 16,884.00 2,814.00 1,407.00 16.67 14,070.00 100-5110-10-07 Salaries & Wages 163,069.00 163,069.00 19,639.61 9,819.81 12.04 143,429.39 100-5115-10-07 Salaries - Overtime 270.00 270.00 6.51 2.41 263.49 100-5126-10-07 Salaries-Vacation Buy-Out 3,521.00 3,521.00 1,760.16 1,760.16 49.99 1,760.84 100-5128-10-07 Language Pay 2,400.00 2,400.00 250.00 150.00 10.42 2,150.00 100-5140-10-07 Salaries - Longevity Pay 335.00 335.00 335.00 335.00 100.00 100-5145-10-07 Social Security Expense 10,366.00 10,366.00 1,280.73 705.11 12.36 9,085.27 100-5150-10-07 Medicare Expense 2,425.00 2,425.00 299.52 164.91 12.35 2,125.48 100-5155-10-07 SUTA Expense 513.00 513.00 513.00 100-5160-10-07 Health Insurance 26,052.00 26,052.00 2,888.40 1,444.20 11.09 23,163.60 100-5165-10-07 Dental Insurance 1,188.00 1,188.00 148.36 74.18 12.49 1,039.64 100-5170-10-07 Life Insurance/AD&D 261.00 261.00 37.52 18.76 14.38 223.48 100-5175-10-07 Liability (TML)/Workers' Comp 198.00 198.00 41.31 22.64 20.86 156.69 100-5180-10-07 TMRS Expense 23,182.00 23,182.00 2,926.38 1,603.76 12.62 20,255.62 100-5185-10-07 Long/Short Term Disability 304.00 304.00 37.32 18.66 12.28 266.68 100-5186-10-07 WELLE-Wellness Prog Reimb Empl 450.00 450.00 450.00 100-5210-10-07 Office Supplies 1,850.00 1,850.00 850.87 458.16 45.99 999.13 100-5212-10-07 Building Supplies 2,800.00 2,800.00 227.89 8.14 2,572.11 Item 4b 24 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5220-10-07 Office Equipment 4,640.00 4,640.00 4,640.00 100-5230-10-07 Dues,Fees,& Subscriptions 290.00 290.00 290.00 100-5240-10-07 Postage and Delivery 1,400.00 1,400.00 489.62 339.62 34.97 910.38 100-5250-10-07 Publications 100.00 100.00 100.00 100-5280-10-07 Printing and Reproduction 700.00 700.00 700.00 100-5290-10-07 Other Charges and Services 200.00 200.00 200.00 100-5310-10-07 Rental Expense 38,660.00 38,660.00 9,095.64 6,063.76 15,159.40 23.53 14,404.96 100-5320-10-07 Repairs & Maintenance 500.00 500.00 255.00 170.00 425.00 51.00 - 180.00 100-5330-10-07 Copier Expense 1,850.00 1,850.00 187.36 187.36 10.13 1,662.64 100-5400-10-07 Uniform Expense 150.00 150.00 150.00 100-5418-10-07 IT Fees 6,100.00 6,100.00 2,370.41 2,370.41 38.86 3,729.59 100-5419-10-07 IT Licenses 2,169.00 2,169.00 2,169.00 100-5420-10-07 Municipal Court/Judge Fees 29,200.00 29,200.00 2,000.00 1,200.00 6.85 27,200.00 100-5425-10-07 State Fines Expense 1,800.00 1,800.00 139.58 139.58 7.75 1,660.42 100-5430-10-07 Legal Fees 31,200.00 31,200.00 2,041.00 6.54 29,159.00 100-5480-10-07 Contracted Services 4,800.00 4,800.00 640.00 180.00 13.33 4,160.00 100-5524-10-07 Gas 750.00 750.00 105.14 58.29 14.02 644.86 100-5525-10-07 Electricity 1,500.00 1,500.00 544.57 426.04 36.31 955.43 100-5530-10-07 Travel 900.00 900.00 100.00 11.11 800.00 100-5533-10-07 Mileage Expense 800.00 800.00 476.15 59.52 323.85 100-5536-10-07 Training/Seminars 900.00 900.00 900.00 100-7145-10-07 Transfer to VERF 746.00 746.00 124.34 62.17 16.67 621.66 100-5176-10-99 TML Prop. & Liab. Insurance 115,000.00 115,000.00 126,433.64 30,267.42 109.94 - 11,433.64 100-5305-10-99 Chapt 380 Program Grant Exp 355,720.00 355,720.00 2,946.33 1,402.23 0.83 352,773.67 100-5306-10-99 Developer Rollback Incentives 61,615.00 61,615.00 61,615.00 100-5350-10-99 Vehicle Expense 1,000.00 1,000.00 158.04 125.00 15.80 841.96 100-5352-10-99 Fuel 10,000.00 10,000.00 10,000.00 100-5353-10-99 Oil/Grease/Inspections 1,000.00 1,000.00 1,000.00 100-5410-10-99 Professional Services 85,625.00 - 18,372.00 67,253.00 3,000.00 1,500.00 16,500.00 4.46 47,753.00 100-5415-10-99 Tuition Reimbursement 33,200.00 33,200.00 2,027.59 2,027.59 6.11 31,172.41 100-5480-10-99 Contracted Services 40,000.00 40,000.00 3,000.00 33,000.00 7.50 4,000.00 100-5600-10-99 Special Events 10,000.00 10,000.00 2,719.50 2,934.50 27.20 7,280.50 100-5930-10-99 Damage Claims Expense 42,601.19 14,362.43 6,730.25 - 49,331.44 100-6410-10-99 Land Acquisition-ROW 1,464,000.00 1,464,000.00 1,464,000.00 100-7000-10-99 Contingency 50,000.00 50,000.00 50,000.00 100-7145-10-99 Transfer to VERF 6,372.00 6,372.00 1,062.00 531.00 16.67 5,310.00 100-5110-20-01 Salaries & Wages 2,056,968.00 2,056,968.00 337,805.54 191,726.06 16.42 1,719,162.46 100-5115-20-01 Salaries - Overtime 98,090.00 98,090.00 19,410.44 8,418.66 19.79 78,679.56 100-5126-20-01 Salaries-Vacation Buy-Out 16,116.00 16,116.00 11,838.40 11,838.40 73.46 4,277.60 100-5127-20-01 Salaries-Certification Pay 31,500.00 31,500.00 5,408.96 2,704.48 17.17 26,091.04 100-5140-20-01 Salaries - Longevity Pay 6,740.00 6,740.00 5,825.00 5,825.00 86.42 915.00 100-5143-20-01 Cell Phone Allowance 1,380.00 1,380.00 230.00 115.00 16.67 1,150.00 Item 4b 25 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5145-20-01 Social Security Expense 137,070.00 137,070.00 19,880.78 10,314.05 14.50 117,189.22 100-5150-20-01 Medicare Expense 32,057.00 32,057.00 5,329.27 3,091.91 16.62 26,727.73 100-5155-20-01 SUTA Expense 4,617.00 4,617.00 4,617.00 100-5160-20-01 Health Insurance 195,371.00 195,371.00 26,846.29 13,663.04 13.74 168,524.71 100-5165-20-01 Dental Insurance 11,057.00 11,057.00 1,505.91 763.18 13.62 9,551.09 100-5170-20-01 Life Insurance/AD&D 9,902.00 9,902.00 1,519.24 759.62 15.34 8,382.76 100-5175-20-01 Liability (TML)/Workers' Comp 71,063.00 71,063.00 6,678.17 3,896.55 9.40 64,384.83 100-5180-20-01 TMRS Expense 308,484.00 308,484.00 51,221.34 29,698.27 16.60 257,262.66 100-5185-20-01 Long/Short Term Disability 3,815.00 3,815.00 625.25 355.81 16.39 3,189.75 100-5186-20-01 WELLE-Wellness Prog Reimb Empl 4,050.00 4,050.00 256.64 128.32 6.34 3,793.36 100-5191-20-01 Hiring Cost 383.00 383.00 383.00 100-5192-20-01 Physical & Psychological 1,575.00 1,575.00 1,575.00 100-5210-20-01 Office Supplies 8,300.00 8,300.00 515.29 480.58 6.21 7,784.71 100-5212-20-01 Building Supplies 2,400.00 2,400.00 213.41 81.07 8.89 2,186.59 100-5214-20-01 Tactical Supplies 118,084.00 118,084.00 118,084.00 100-5215-20-01 Ammunition 28,395.00 28,395.00 62.93 20,671.76 0.22 7,660.31 100-5220-20-01 Office Equipment 6,075.00 6,075.00 6,075.00 100-5230-20-01 Dues,Fees,& Subscriptions 9,700.00 9,700.00 324.97 94.24 3.35 9,375.03 100-5240-20-01 Postage and Delivery 775.00 775.00 214.18 172.91 27.64 560.82 100-5265-20-01 Promotional Expense 500.00 500.00 500.00 100-5280-20-01 Printing and Reproduction 600.00 600.00 472.94 78.82 127.06 100-5310-20-01 Rental Expense 4,410.00 4,410.00 - 344.20 4,410.00 100-5320-20-01 Repairs & Maintenance 1,000.00 1,000.00 60.00 6.00 940.00 100-5330-20-01 Copier Expense 2,163.00 2,163.00 172.43 172.43 7.97 1,990.57 100-5335-20-01 Radio/Video Repairs 500.00 500.00 500.00 100-5340-20-01 Building Repairs 1,500.00 1,500.00 1,500.00 100-5350-20-01 Vehicle Expense 68,000.00 68,000.00 7,106.46 4,103.83 10.45 60,893.54 100-5352-20-01 Fuel 61,798.00 61,798.00 11,136.42 5,176.04 18.02 50,661.58 100-5400-20-01 Uniform Expense 46,389.00 46,389.00 1,946.45 431.93 4.20 44,442.55 100-5410-20-01 Professional Services 5,118.26 5,118.26 5,118.26 100-5418-20-01 IT Fees 3,500.00 3,500.00 1,089.75 1,089.75 31.14 2,410.25 100-5419-20-01 IT Licenses 1,000.00 1,000.00 1,000.00 100-5430-20-01 Legal Fees 10,500.00 10,500.00 2,793.90 26.61 7,706.10 100-5435-20-01 Legal Notices/Filings 150.00 150.00 150.00 100-5480-20-01 Contracted Services 51,401.00 51,401.00 16,228.14 6,861.04 31.57 35,172.86 100-5520-20-01 Telephones 6,366.00 6,366.00 640.03 334.81 10.05 5,725.97 100-5523-20-01 Water/Sewer Charges 1,800.00 1,800.00 77.96 44.82 4.33 1,722.04 100-5524-20-01 Gas 800.00 800.00 800.00 100-5525-20-01 Electricity 17,229.00 17,229.00 1,310.93 124.68 7.61 15,918.07 100-5526-20-01 Data Network 7,425.00 7,425.00 1,443.62 721.81 19.44 5,981.38 100-5530-20-01 Travel 2,500.00 2,500.00 2,500.00 100-5533-20-01 Mileage Expense 300.00 300.00 578.87 377.71 192.96 - 278.87 Item 4b 26 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5536-20-01 Training/Seminars 22,466.00 22,466.00 1,300.42 635.42 5.79 21,165.58 100-5600-20-01 Special Events 2,000.00 2,000.00 - 18.35 - 18.35 - 0.92 2,018.35 100-5620-20-01 TOOLS & EQUIPMENT 10,290.00 10,290.00 10,290.00 100-5630-20-01 Safety Equipment 16,800.00 16,800.00 16,800.00 100-6160-20-01 Capital Expense-Vehicles 6,125.00 6,125.00 6,125.00 100-7145-20-01 Transfer to VERF 303,024.00 303,024.00 50,504.00 25,252.00 16.67 252,520.00 100-5110-20-05 Salaries & Wages 446,399.00 446,399.00 64,585.53 28,871.05 14.47 381,813.47 100-5115-20-05 Salaries - Overtime 82,335.00 82,335.00 5,975.25 4,560.79 7.26 76,359.75 100-5126-20-05 Salaries-Vacation Buy-Out 3,306.00 3,306.00 1,175.60 1,175.60 35.56 2,130.40 100-5127-20-05 Salaries-Certification Pay 15,420.00 15,420.00 2,039.88 1,019.94 13.23 13,380.12 100-5140-20-05 Salaries - Longevity Pay 2,315.00 2,315.00 1,715.00 1,715.00 74.08 600.00 100-5145-20-05 Social Security Expense 35,053.00 35,053.00 4,459.91 2,207.40 12.72 30,593.09 100-5150-20-05 Medicare Expense 8,199.00 8,199.00 1,043.04 516.24 12.72 7,155.96 100-5155-20-05 SUTA Expense 1,539.00 1,539.00 1,539.00 100-5160-20-05 Health Insurance 54,607.00 54,607.00 9,037.84 4,119.96 16.55 45,569.16 100-5165-20-05 Dental Insurance 4,041.00 4,041.00 624.66 303.30 15.46 3,416.34 100-5170-20-05 Life Insurance/AD&D 1,014.00 1,014.00 154.77 75.04 15.26 859.23 100-5175-20-05 Liability (TML)/Workers' Comp 445.00 445.00 140.40 68.41 31.55 304.60 100-5180-20-05 TMRS Expense 78,419.00 78,419.00 10,212.49 5,050.29 13.02 68,206.51 100-5185-20-05 Long/Short Term Disability 806.00 806.00 120.63 53.18 14.97 685.37 100-5186-20-05 WELLE-Wellness Prog Reimb Empl 3,600.00 3,600.00 381.64 178.32 10.60 3,218.36 100-5210-20-05 Office Supplies 4,079.00 4,079.00 205.31 194.62 5.03 3,873.69 100-5212-20-05 Building Supplies 1,500.00 1,500.00 1,500.00 100-5220-20-05 Office Equipment 1,200.00 1,200.00 1,200.00 100-5230-20-05 Dues,Fees,& Subscriptions 1,260.00 1,260.00 81.00 48.00 6.43 1,179.00 100-5240-20-05 Postage and Delivery 100.00 100.00 100.00 100-5280-20-05 Printing and Reproduction 100.00 100.00 100.00 100-5330-20-05 Copier Expense 600.00 600.00 31.96 31.96 5.33 568.04 100-5340-20-05 Building Repairs 3,000.00 3,000.00 3,000.00 100-5400-20-05 Uniform Expense 1,000.00 1,000.00 1,000.00 100-5430-20-05 Legal Fees 250.00 250.00 250.00 100-5480-20-05 Contracted Services 186,858.00 186,858.00 71,302.29 11,199.96 75,997.56 38.16 39,558.15 100-5520-20-05 Telephones 700.00 700.00 123.94 61.97 17.71 576.06 100-5523-20-05 Water/Sewer Charges 488.00 488.00 80.46 46.25 16.49 407.54 100-5524-20-05 Gas 1,000.00 1,000.00 195.70 96.39 19.57 804.30 100-5526-20-05 Data Network 735.00 735.00 735.00 100-5530-20-05 Travel 1,000.00 1,000.00 1,000.00 100-5533-20-05 Mileage Expense 176.92 176.92 - 176.92 100-5536-20-05 Training/Seminars 1,500.00 1,500.00 695.00 46.33 805.00 100-5600-20-05 Special Events 500.00 500.00 500.00 100-7145-20-05 Transfer to VERF 901.00 901.00 150.16 75.08 16.67 750.84 100-5110-30-01 Salaries & Wages 3,120,450.00 3,120,450.00 413,968.48 206,129.55 13.27 2,706,481.52 Item 4b 27 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5115-30-01 Salaries - Overtime 392,728.00 392,728.00 73,024.68 26,043.35 18.59 319,703.32 100-5116-30-01 Salaries - FLSA Overtime 78,109.00 78,109.00 8,063.94 8,063.94 10.32 70,045.06 100-5126-30-01 Salaries-Vacation Buy-Out 6,395.00 6,395.00 3,964.76 3,964.76 62.00 2,430.24 100-5127-30-01 Salaries-Certification Pay 39,160.00 39,160.00 5,040.24 2,750.92 12.87 34,119.76 100-5140-30-01 Salaries - Longevity Pay 11,930.00 11,930.00 10,455.00 10,455.00 87.64 1,475.00 100-5143-30-01 Cell Phone Allowance 5,400.00 5,400.00 800.00 400.00 14.82 4,600.00 100-5145-30-01 Social Security Expense 225,972.00 225,972.00 30,475.06 15,245.47 13.49 195,496.94 100-5150-30-01 Medicare Expense 52,849.00 52,849.00 7,127.29 3,565.52 13.49 45,721.71 100-5155-30-01 SUTA Expense 9,405.00 9,405.00 9,405.00 100-5160-30-01 Health Insurance 301,006.00 301,006.00 40,804.96 20,628.06 13.56 260,201.04 100-5165-30-01 Dental Insurance 16,342.00 16,342.00 2,242.72 1,085.24 13.72 14,099.28 100-5170-30-01 Life Insurance/AD&D 13,017.00 13,017.00 1,991.90 1,011.08 15.30 11,025.10 100-5171-30-01 Life Insurance-Supplemental 8,000.00 8,000.00 8,045.00 100.56 - 45.00 100-5175-30-01 Liability (TML)/Workers' Comp 89,480.00 89,480.00 6,845.25 3,441.63 7.65 82,634.75 100-5180-30-01 TMRS Expense 482,550.00 482,550.00 66,970.60 33,638.40 13.88 415,579.40 100-5185-30-01 Long/Short Term Disability 5,472.00 5,472.00 713.41 372.87 13.04 4,758.59 100-5186-30-01 WELLE-Wellness Prog Reimb Empl 9,600.00 9,600.00 613.28 306.64 6.39 8,986.72 100-5191-30-01 Hiring Cost 1,000.00 1,000.00 909.50 90.95 90.50 100-5194-30-01 FD Annual Phy & Screening 37,742.00 37,742.00 2,516.50 890.50 6.67 35,225.50 100-5210-30-01 Office Supplies 10,418.00 10,418.00 1,119.13 178.29 10.74 9,298.87 100-5212-30-01 Building Supplies 12,000.00 12,000.00 2,194.46 1,938.77 18.29 9,805.54 100-5220-30-01 Office Equipment 3,200.00 3,200.00 655.98 655.98 20.50 2,544.02 100-5230-30-01 Dues,Fees,& Subscriptions 8,677.00 8,677.00 3,519.00 724.00 40.56 5,158.00 100-5240-30-01 Postage and Delivery 250.00 250.00 19.07 7.63 230.93 100-5250-30-01 Publications 700.00 700.00 700.00 100-5280-30-01 Printing and Reproduction 1,900.00 1,900.00 1,900.00 100-5290-30-01 Other Charges and Services 2,500.00 2,500.00 2,500.00 100-5320-30-01 Repairs & Maintenance 18,000.00 18,000.00 813.98 571.71 4.52 17,186.02 100-5330-30-01 Copier Expense 3,613.00 3,613.00 259.93 259.93 7.19 3,353.07 100-5335-30-01 Radio/Video Equip. and Repairs 27,500.00 27,500.00 240.00 0.87 27,260.00 100-5340-30-01 Building Repairs 55,817.00 55,817.00 3,057.40 420.00 28,666.16 5.48 24,093.44 100-5350-30-01 Vehicle Expense 44,000.00 44,000.00 3,300.09 71.31 7.50 40,699.91 100-5352-30-01 Fuel 20,000.00 20,000.00 4,109.19 1,943.81 20.55 15,890.81 100-5353-30-01 Oil/Grease/Inspections 1,000.00 1,000.00 14.00 7.00 1.40 986.00 100-5400-30-01 Uniform Expense 43,000.00 43,000.00 25,000.00 18,000.00 100-5418-30-01 IT Fees 2,000.00 2,000.00 174.58 8.73 1,825.42 100-5430-30-01 Legal Fees 2,000.00 2,000.00 2,489.00 124.45 - 489.00 100-5440-30-01 EMS 131,857.00 131,857.00 33,735.01 14,857.19 58,042.78 25.59 40,079.21 100-5445-30-01 Emergency Management 28,000.00 28,000.00 12,000.00 9,000.00 500.00 42.86 15,500.00 100-5480-30-01 Contracted Services 10,170.00 10,170.00 2,447.85 165.95 24.07 7,722.15 100-5520-30-01 Telephones 1,525.00 1,525.00 372.41 190.23 24.42 1,152.59 100-5523-30-01 Water/Sewer Charges 7,643.00 7,643.00 2,925.38 1,295.87 38.28 4,717.62 Item 4b 28 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5524-30-01 Gas 13,000.00 13,000.00 374.90 248.62 2.88 12,625.10 100-5525-30-01 Electricity 50,000.00 50,000.00 7,828.58 4,988.71 15.66 42,171.42 100-5526-30-01 Data Network 9,176.00 9,176.00 2,374.65 1,804.80 25.88 6,801.35 100-5530-30-01 Travel 6,500.00 6,500.00 6,500.00 100-5533-30-01 Mileage Expense 1,500.00 1,500.00 171.29 11.42 1,328.71 100-5536-30-01 Training/Seminars 29,536.00 29,536.00 6,468.80 21.90 23,067.20 100-5610-30-01 Fire Fighting Equipment 20,000.00 20,000.00 1,453.00 1,453.00 7.27 18,547.00 100-5620-30-01 Tools & Equipment 320.00 320.00 320.00 100-5630-30-01 Safety Equipment 99,561.00 99,561.00 2,042.35 1,325.40 32,517.24 2.05 65,001.41 100-6140-30-01 Capital Expense-Equipment 82,300.00 82,300.00 44,532.82 44,532.82 46,728.38 54.11 - 8,961.20 100-7145-30-01 Transfer to VERF 291,085.00 291,085.00 48,514.16 24,257.08 16.67 242,570.84 100-5110-30-05 Salaries & Wages 188,489.00 188,489.00 28,698.05 14,449.09 15.23 159,790.95 100-5115-30-05 Salaries - Overtime 22,904.00 22,904.00 1,580.69 923.18 6.90 21,323.31 100-5140-30-05 Salaries - Longevity Pay 875.00 875.00 810.00 810.00 92.57 65.00 100-5143-30-05 Cell Phone Allowance 1,800.00 1,800.00 300.00 150.00 16.67 1,500.00 100-5145-30-05 Social Security Expense 13,272.00 13,272.00 1,786.86 932.95 13.46 11,485.14 100-5150-30-05 Medicare Expense 3,105.00 3,105.00 417.89 218.19 13.46 2,687.11 100-5155-30-05 SUTA Expense 342.00 342.00 342.00 100-5160-30-05 Health Insurance 17,166.00 17,166.00 2,860.84 1,430.42 16.67 14,305.16 100-5165-30-05 Dental Insurance 958.00 958.00 159.64 79.82 16.66 798.36 100-5170-30-05 Life Insurance/AD&D 751.00 751.00 126.04 63.52 16.78 624.96 100-5175-30-05 Liability (TML)/Workers' Comp 4,240.00 4,240.00 349.44 185.46 8.24 3,890.56 100-5180-30-05 TMRS Expense 29,884.00 29,884.00 4,198.00 2,184.86 14.05 25,686.00 100-5185-30-05 Long/Short Term Disability 348.00 348.00 53.85 26.78 15.47 294.15 100-5186-30-05 WELLE-Wellness Prog Reimb Empl 600.00 600.00 100.00 50.00 16.67 500.00 100-5191-30-05 Hiring Cost 2,300.00 2,300.00 2,300.00 100-5193-30-05 Records Retention 250.00 250.00 250.00 100-5194-30-05 FD Annual Phy & Screening 1,614.00 1,614.00 1,614.00 100-5210-30-05 Office Supplies 250.00 250.00 250.00 100-5215-30-05 Ammunition 1,250.00 1,250.00 1,250.00 100-5220-30-05 Office Equipment 300.00 300.00 300.00 100-5230-30-05 Dues,Fees,& Subscriptions 350.00 350.00 - 624.00 350.00 100-5240-30-05 Postage and Delivery 60.00 60.00 60.00 100-5250-30-05 Publications 550.00 550.00 550.00 100-5280-30-05 Printing and Reproduction 500.00 500.00 500.00 100-5295-30-05 Public Education/Fire Prevent 4,000.00 4,000.00 729.00 729.00 18.23 3,271.00 100-5335-30-05 Radio/Video Equip. and Repairs 500.00 500.00 500.00 100-5350-30-05 Vehicle Expense 2,300.00 2,300.00 2,300.00 100-5352-30-05 Fuel 4,000.00 4,000.00 296.56 114.90 7.41 3,703.44 100-5353-30-05 Oil/Grease/Inspections 750.00 750.00 750.00 100-5400-30-05 Uniform Expense 2,050.00 2,050.00 2,050.00 100-5430-30-05 Legal Fees 2,500.00 2,500.00 2,500.00 Item 4b 29 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5480-30-05 Contracted Services 2,150.00 2,150.00 2,150.00 100-5526-30-05 Data Network 1,365.00 1,365.00 227.94 113.97 16.70 1,137.06 100-5530-30-05 Travel 1,200.00 1,200.00 1,200.00 100-5533-30-05 Mileage Expense 750.00 750.00 750.00 100-5536-30-05 Training/Seminars 4,700.00 4,700.00 4,700.00 100-5620-30-05 Tools & Equipment 450.00 450.00 450.00 100-5630-30-05 Safety Equipment 6,450.00 6,450.00 6,450.00 100-7145-30-05 Transfer to VERF 7,953.00 7,953.00 1,325.50 662.75 16.67 6,627.50 100-5110-40-01 Salaries & Wages 848,934.00 848,934.00 121,677.61 60,838.80 14.33 727,256.39 100-5115-40-01 Salaries - Overtime 7,500.00 7,500.00 3,289.05 2,155.47 43.85 4,210.95 100-5140-40-01 Salaries - Longevity Pay 2,855.00 2,855.00 2,830.00 2,830.00 99.12 25.00 100-5143-40-01 Cell Phone Allowance 3,420.00 3,420.00 570.00 285.00 16.67 2,850.00 100-5145-40-01 Social Security Expense 53,644.00 53,644.00 7,287.40 3,763.11 13.59 46,356.60 100-5150-40-01 Medicare Expense 12,547.00 12,547.00 1,704.32 880.08 13.58 10,842.68 100-5155-40-01 SUTA Expense 2,394.00 2,394.00 2,394.00 100-5160-40-01 Health Insurance 94,471.00 94,471.00 14,868.16 7,434.08 15.74 79,602.84 100-5165-40-01 Dental Insurance 5,378.00 5,378.00 863.24 431.62 16.05 4,514.76 100-5170-40-01 Life Insurance/AD&D 1,483.00 1,483.00 243.88 121.94 16.45 1,239.12 100-5175-40-01 Liability (TML)/Workers' Comp 3,159.00 3,159.00 463.58 238.09 14.68 2,695.42 100-5180-40-01 TMRS Expense 120,612.00 120,612.00 17,201.43 8,859.94 14.26 103,410.57 100-5185-40-01 Long/Short Term Disability 1,568.00 1,568.00 231.24 115.62 14.75 1,336.76 100-5186-40-01 WELLE-Wellness Prog Reimb Empl 300.00 300.00 300.00 100-5210-40-01 Office Supplies 7,050.00 7,050.00 256.38 3.64 6,793.62 100-5212-40-01 Building Supplies 3,500.00 3,500.00 505.81 209.10 14.45 2,994.19 100-5220-40-01 Office Equipment 6,430.00 6,430.00 6,430.00 100-5230-40-01 Dues,Fees,& Subscriptions 2,200.00 2,200.00 - 100.00 - 100.00 - 4.55 2,300.00 100-5240-40-01 Postage and Delivery 50.00 50.00 0.34 0.68 49.66 100-5250-40-01 Publications 2,775.00 2,775.00 2,775.00 100-5280-40-01 Printing and Reproduction 1,000.00 1,000.00 60.63 6.06 939.37 100-5310-40-01 Rental Expense 3,406.00 3,406.00 842.70 280.90 2,563.30 24.74 100-5330-40-01 Copier Expense 1,767.00 1,767.00 182.84 182.84 10.35 1,584.16 100-5340-40-01 Building Repairs 5,000.00 5,000.00 240.00 171.00 4.80 4,760.00 100-5350-40-01 Vehicle Expense 3,500.00 3,500.00 870.00 24.86 2,630.00 100-5352-40-01 Fuel 6,000.00 6,000.00 1,350.80 665.46 22.51 4,649.20 100-5353-40-01 Oil/Grease/Inspections 1,160.00 1,160.00 148.24 118.59 12.78 1,011.76 100-5400-40-01 Uniform Expense 3,250.00 3,250.00 50.28 1.55 3,199.72 100-5410-40-01 Professional Services 271,000.00 3,500.00 274,500.00 10,851.59 9,035.25 242,648.41 3.95 21,000.00 100-5418-40-01 IT Fees 33,060.00 33,060.00 35,260.00 - 2,200.00 100-5419-40-01 IT Licenses 870.00 870.00 870.00 100-5430-40-01 Legal Fees 500.00 500.00 500.00 100-5465-40-01 Public Relations 500.00 500.00 500.00 100-5475-40-01 Credit Card Fees 18,000.00 18,000.00 2,033.90 739.74 11.30 15,966.10 Item 4b 30 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5480-40-01 Contracted Services 4,440.00 4,440.00 440.00 220.00 9.91 4,000.00 100-5523-40-01 Water/Sewer Charges 387.00 387.00 66.24 34.22 17.12 320.76 100-5525-40-01 Electricity 6,500.00 6,500.00 720.03 116.91 11.08 5,779.97 100-5526-40-01 Data Network 3,648.00 3,648.00 607.84 303.92 16.66 3,040.16 100-5530-40-01 Travel 4,858.00 4,858.00 32.97 32.97 0.68 4,825.03 100-5533-40-01 Mileage Expense 2,050.00 2,050.00 65.27 65.27 3.18 1,984.73 100-5536-40-01 Training/Seminars 10,990.00 10,990.00 10,990.00 100-5620-40-01 Tools & Equipment 1,000.00 1,000.00 1,000.00 100-5630-40-01 Safety Equipment 1,500.00 1,500.00 1,500.00 100-5640-40-01 Signs & Hardware 4,561.00 4,561.00 354.15 7.77 4,206.85 100-7145-40-01 Transfer to VERF 29,053.00 29,053.00 4,842.16 2,421.08 16.67 24,210.84 100-5110-40-02 Salaries & Wages 85,103.00 85,103.00 8,230.40 4,115.20 9.67 76,872.60 100-5115-40-02 Salaries - Overtime 400.00 400.00 400.00 100-5140-40-02 Salaries - Longevity Pay 450.00 450.00 445.00 445.00 98.89 5.00 100-5143-40-02 Cell Phone Allowance 450.00 450.00 450.00 100-5145-40-02 Social Security Expense 5,358.00 5,358.00 471.30 249.45 8.80 4,886.70 100-5150-40-02 Medicare Expense 1,254.00 1,254.00 110.23 58.34 8.79 1,143.77 100-5155-40-02 SUTA Expense 342.00 342.00 342.00 100-5160-40-02 Health Insurance 12,628.00 12,628.00 1,602.64 801.32 12.69 11,025.36 100-5165-40-02 Dental Insurance 653.00 653.00 75.80 37.90 11.61 577.20 100-5170-40-02 Life Insurance/AD&D 137.00 137.00 18.76 9.38 13.69 118.24 100-5175-40-02 Liability (TML)/Workers' Comp 395.00 395.00 36.43 19.15 9.22 358.57 100-5180-40-02 TMRS Expense 11,910.00 11,910.00 1,167.71 613.80 9.80 10,742.29 100-5185-40-02 Long/Short Term Disability 160.00 160.00 15.64 7.82 9.78 144.36 100-5186-40-02 WELLE-Wellness Prog Reimb Empl 300.00 300.00 300.00 100-5210-40-02 Office Supplies 900.00 900.00 14.99 1.67 885.01 100-5220-40-02 Office Equipment 3,455.00 3,455.00 3,455.00 100-5230-40-02 Dues,Fees,& Subscriptions 520.00 520.00 520.00 100-5240-40-02 Postage and Delivery 750.00 750.00 23.70 7.44 3.16 726.30 100-5280-40-02 Printing and Reproduction 310.00 310.00 310.00 100-5350-40-02 Vehicle Expense 1,320.00 1,320.00 1,320.00 100-5352-40-02 Fuel 1,080.00 1,080.00 126.10 43.99 11.68 953.90 100-5353-40-02 Oil/Grease/Inspections 225.00 225.00 225.00 100-5400-40-02 Uniform Expense 450.00 450.00 450.00 100-5430-40-02 Legal Fees 1,000.00 1,000.00 209.00 20.90 791.00 100-5435-40-02 Legal Notices/Filings 250.00 250.00 250.00 100-5480-40-02 Contracted Services 115,430.00 115,430.00 19,016.75 16,796.75 94,350.25 16.48 2,063.00 100-5520-40-02 Telephones 510.00 510.00 52.14 26.07 10.22 457.86 100-5523-40-02 Water/Sewer Charges 30.00 30.00 5.17 2.67 17.23 24.83 100-5526-40-02 Data Network 456.00 456.00 75.98 37.99 16.66 380.02 100-5530-40-02 Travel 1,540.00 1,540.00 1,540.00 100-5533-40-02 Mileage Expense 250.00 250.00 250.00 Item 4b 31 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5536-40-02 Training/Seminars 1,500.00 1,500.00 1,500.00 100-5600-40-02 Special Events 250.00 250.00 250.00 100-5620-40-02 Tools & Equipment 400.00 400.00 400.00 100-5640-40-02 Signs & Hardware 1,705.00 1,705.00 1,705.00 100-6160-40-02 Capital Expense-Vehicles 21,160.00 21,160.00 20,635.00 525.00 100-7145-40-02 Transfer to VERF 408.00 408.00 68.00 34.00 16.67 340.00 100-5110-40-03 Salaries & Wages 399,804.00 399,804.00 47,508.75 23,949.23 11.88 352,295.25 100-5115-40-03 Salaries - Overtime 2,000.00 2,000.00 2,000.00 100-5126-40-03 Salaries-Vacation Buy-Out 2,957.00 2,957.00 1,625.88 1,625.88 54.98 1,331.12 100-5140-40-03 Salaries - Longevity Pay 1,105.00 1,105.00 1,105.00 1,105.00 100.00 100-5143-40-03 Cell Phone Allowance 3,060.00 3,060.00 370.00 185.00 12.09 2,690.00 100-5145-40-03 Social Security Expense 25,385.00 25,385.00 2,863.96 1,528.71 11.28 22,521.04 100-5150-40-03 Medicare Expense 5,938.00 5,938.00 669.79 357.52 11.28 5,268.21 100-5155-40-03 SUTA Expense 855.00 855.00 855.00 100-5160-40-03 Health Insurance 47,258.00 47,258.00 6,784.36 3,392.18 14.36 40,473.64 100-5165-40-03 Dental Insurance 2,258.00 2,258.00 326.16 163.08 14.45 1,931.84 100-5170-40-03 Life Insurance/AD&D 531.00 531.00 78.76 39.38 14.83 452.24 100-5175-40-03 Liability (TML)/Workers' Comp 1,163.00 1,163.00 137.86 72.11 11.85 1,025.14 100-5180-40-03 TMRS Expense 56,703.00 56,703.00 6,789.18 3,604.60 11.97 49,913.82 100-5185-40-03 Long/Short Term Disability 745.00 745.00 90.29 45.51 12.12 654.71 100-5186-40-03 WELLE-Wellness Prog Reimb Empl 2,400.00 2,400.00 200.00 100.00 8.33 2,200.00 100-5210-40-03 Office Supplies 6,100.00 6,100.00 155.41 2.55 5,944.59 100-5220-40-03 Office Equipment 8,215.00 8,215.00 2,169.93 2,169.93 26.41 6,045.07 100-5230-40-03 Dues,Fees,& Subscriptions 2,938.00 2,938.00 278.00 15.00 9.46 2,660.00 100-5240-40-03 Postage and Delivery 550.00 550.00 52.88 23.00 9.62 497.12 100-5280-40-03 Printing and Reproduction 850.00 850.00 75.86 8.93 774.14 100-5325-40-03 Copier Lease 3,000.00 3,000.00 3,000.00 100-5330-40-03 Copier Expense 3,000.00 3,000.00 266.43 266.43 8.88 2,733.57 100-5340-40-03 Building Repairs 400.00 400.00 400.00 100-5352-40-03 Fuel 200.00 200.00 200.00 100-5400-40-03 Uniform Expense 500.00 500.00 500.00 100-5410-40-03 Professional Services 176,838.00 176,838.00 24,695.50 19,695.50 55,486.50 13.97 96,656.00 100-5418-40-03 IT Fees 2,000.00 2,000.00 1,209.00 60.45 791.00 100-5430-40-03 Legal Fees 15,000.00 15,000.00 1,197.00 7.98 13,803.00 100-5435-40-03 Legal Notices/Filings 250.00 250.00 250.00 100-5480-40-03 Contracted Services 4,780.00 4,780.00 320.00 160.00 6.70 4,460.00 100-5523-40-03 Water/Sewer Charges 120.00 120.00 20.62 10.65 17.18 99.38 100-5526-40-03 Data Network 5,260.00 5,260.00 5,260.00 100-5530-40-03 Travel 4,870.00 4,870.00 4,870.00 100-5533-40-03 Mileage Expense 2,170.00 2,170.00 2,170.00 100-5536-40-03 Training/Seminars 4,600.00 4,600.00 90.00 1.96 4,510.00 100-7145-40-03 Transfer to VERF 1,328.00 1,328.00 221.34 110.67 16.67 1,106.66 Item 4b 32 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5110-50-01 Salaries & Wages 229,691.00 229,691.00 26,710.45 13,528.81 11.63 202,980.55 100-5115-50-01 Salaries - Overtime 3,500.00 3,500.00 280.67 173.38 8.02 3,219.33 100-5140-50-01 Salaries - Longevity Pay 1,520.00 1,520.00 1,480.00 1,480.00 97.37 40.00 100-5145-50-01 Social Security Expense 14,864.00 14,864.00 1,621.18 869.28 10.91 13,242.82 100-5150-50-01 Medicare Expense 3,475.00 3,475.00 379.14 203.30 10.91 3,095.86 100-5155-50-01 SUTA Expense 855.00 855.00 855.00 100-5160-50-01 Health Insurance 41,460.00 41,460.00 4,903.92 2,451.96 11.83 36,556.08 100-5165-50-01 Dental Insurance 2,014.00 2,014.00 236.56 118.28 11.75 1,777.44 100-5170-50-01 Life Insurance/AD&D 408.00 408.00 56.28 28.14 13.79 351.72 100-5175-50-01 Liability (TML)/Workers' Comp 17,334.00 17,334.00 1,093.57 585.27 6.31 16,240.43 100-5180-50-01 TMRS Expense 33,152.00 33,152.00 3,845.68 2,050.25 11.60 29,306.32 100-5185-50-01 Long/Short Term Disability 434.00 434.00 48.22 24.19 11.11 385.78 100-5186-50-01 WELLE-Wellness Prog Reimb Empl 1,500.00 1,500.00 100.00 50.00 6.67 1,400.00 100-5210-50-01 Office Supplies 500.00 500.00 500.00 100-5220-50-01 Office Equipment 1,500.00 1,500.00 1,500.00 100-5230-50-01 Dues,Fees,& Subscriptions 500.00 500.00 61.00 12.20 439.00 100-5310-50-01 Rental Expense 24,000.00 24,000.00 24,000.00 100-5320-50-01 Repairs & Maintenance 4,500.00 4,500.00 806.86 17.93 3,693.14 100-5321-50-01 Signal Light Repairs 5,000.00 5,000.00 5,880.97 5,705.57 117.62 - 880.97 100-5340-50-01 Building Repairs 2,000.00 2,000.00 2,000.00 100-5350-50-01 Vehicle Expense 27,500.00 27,500.00 1,601.65 489.90 5,436.51 5.82 20,461.84 100-5352-50-01 Fuel 5,000.00 5,000.00 1,194.23 512.31 23.89 3,805.77 100-5353-50-01 Oil/Grease/Inspections 300.00 300.00 38.54 12.85 261.46 100-5400-50-01 Uniform Expense 5,500.00 5,500.00 1,836.79 1,018.97 33.40 3,663.21 100-5430-50-01 Legal Fees 9,863.00 9,863.00 9,863.00 100-5480-50-01 Contracted Services 2,275,652.00 2,275,652.00 12,210.20 24,988.80 0.54 2,238,453.00 100-5520-50-01 Telephones 1,100.00 1,100.00 174.92 87.46 15.90 925.08 100-5523-50-01 Water/Sewer Charges 10,170.00 10,170.00 43.85 21.15 0.43 10,126.15 100-5525-50-01 Electricity 172,700.00 172,700.00 28,677.92 13,220.08 16.61 144,022.08 100-5526-50-01 Data Network 100.00 100.00 14.00 7.00 14.00 86.00 100-5530-50-01 Travel 400.00 400.00 400.00 100-5536-50-01 Training/Seminars 6,000.00 6,000.00 6,000.00 100-5620-50-01 Tools & Equipment 3,000.00 3,000.00 1,015.92 789.85 33.86 1,984.08 100-5630-50-01 Safety Equipment 3,500.00 3,500.00 673.97 19.26 2,826.03 100-5640-50-01 Signs & Hardware 25,000.00 25,000.00 1,184.74 4.74 23,815.26 100-5650-50-01 Maintenance Materials 68,000.00 68,000.00 8,483.36 3,118.82 30,000.00 12.48 29,516.64 100-6110-50-01 Capital Expenditure 7,939.00 7,939.00 6,289.56 825.00 4,608.00 79.22 - 2,958.56 100-6110-50-01 Median Lighting-Coit (380-1st) 401,626.45 401,626.45 87,504.10 314,122.35 21.79 100-6140-50-01 Capital Expense-Equipment 54,500.00 54,500.00 48,410.00 48,410.00 - 5,190.00 88.83 11,280.00 100-7144-50-01 Transfer to Bond Fund 920,000.00 920,000.00 153,333.34 76,666.67 16.67 766,666.66 100-7145-50-01 Transfer to VERF 63,396.00 63,396.00 10,566.00 5,283.00 16.67 52,830.00 100-5212-50-05 BUILDING SUPPLIES 13,425.00 13,425.00 13,425.00 Item 4b 33 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5480-50-05 CONTRACTED SERVICES 20,000.00 20,000.00 20,000.00 100-5523-50-05 WATER/SEWER CHARGES 2,400.00 2,400.00 2,400.00 100-5524-50-05 GAS 200.00 200.00 200.00 100-5525-50-05 ELECTRICITY 60,000.00 60,000.00 60,000.00 100-5110-60-01 Salaries & Wages 306,175.00 306,175.00 45,731.76 22,865.88 14.94 260,443.24 100-5115-60-01 Salaries - Overtime 500.00 500.00 500.00 100-5140-60-01 Salaries - Longevity Pay 555.00 555.00 490.00 490.00 88.29 65.00 100-5143-60-01 Cell Phone Allowance 2,160.00 2,160.00 430.00 215.00 19.91 1,730.00 100-5145-60-01 Social Security Expense 19,183.00 19,183.00 2,710.07 1,370.22 14.13 16,472.93 100-5150-60-01 Medicare Expense 4,486.00 4,486.00 633.82 320.47 14.13 3,852.18 100-5155-60-01 SUTA Expense 684.00 684.00 684.00 100-5160-60-01 Health Insurance 33,570.00 33,570.00 4,991.52 2,495.76 14.87 28,578.48 100-5165-60-01 Dental Insurance 1,844.00 1,844.00 307.20 153.60 16.66 1,536.80 100-5170-60-01 Life Insurance/AD&D 451.00 451.00 75.04 37.52 16.64 375.96 100-5175-60-01 Liability (TML)/Workers' Comp 4,676.00 4,676.00 383.37 192.15 8.20 4,292.63 100-5180-60-01 TMRS Expense 43,192.00 43,192.00 6,245.45 3,155.71 14.46 36,946.55 100-5185-60-01 Long/Short Term Disability 565.00 565.00 86.92 43.46 15.38 478.08 100-5186-60-01 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 178.32 89.16 14.86 1,021.68 100-5210-60-01 Office Supplies 2,000.00 2,000.00 376.85 195.59 18.84 1,623.15 100-5212-60-01 Building Supplies 500.00 500.00 500.00 100-5230-60-01 Dues,Fees,& Subscriptions 2,500.00 2,500.00 2,500.00 100-5240-60-01 Postage and Delivery 50.00 50.00 3.26 2.07 6.52 46.74 100-5280-60-01 Printing and Reproduction 250.00 250.00 250.00 100-5330-60-01 Copier Expense 2,800.00 2,800.00 153.41 153.41 5.48 2,646.59 100-5340-60-01 Building Repairs 500.00 500.00 500.00 100-5400-60-01 Uniform Expense 400.00 400.00 400.00 100-5410-60-01 Professional Services 121,375.00 69,636.28 191,011.28 6,534.28 500.00 6,350.00 3.42 178,127.00 100-5410-60-01 HWY 289 Gateway Monument 1,285.39 1,285.39 56,189.61 - 57,475.00 100-5419-60-01 IT Licenses 600.00 600.00 600.00 100-5430-60-01 Legal Fees 7,500.00 7,500.00 437.00 5.83 7,063.00 100-5435-60-01 Legal Notices/Filings 250.00 250.00 250.00 100-5480-60-01 Contracted Services 1,600.00 1,600.00 240.00 120.00 15.00 1,360.00 100-5520-60-01 Telephones 420.00 420.00 71.80 35.90 17.10 348.20 100-5523-60-01 Water/Sewer Charges 2,150.00 2,150.00 20.62 10.65 0.96 2,129.38 100-5524-60-01 GAS 4,200.00 4,200.00 4,200.00 100-5525-60-01 Electricity 9,600.00 9,600.00 9,600.00 100-5530-60-01 Travel 4,600.00 4,600.00 9.00 0.20 4,591.00 100-5533-60-01 Mileage Expense 2,000.00 2,000.00 177.31 177.31 8.87 1,822.69 100-5536-60-01 Training/Seminars 7,500.00 7,500.00 7,500.00 100-5601-60-01 Event - Prosper Christmas 40,000.00 40,000.00 16,650.35 16,650.35 17,437.50 41.63 5,912.15 100-6000-60-01 Park Fees Expense 12,000.00 12,000.00 12,000.00 100-6110-60-01 Capital Expenditure 470,300.00 - 250,000.00 220,300.00 220,300.00 Item 4b 34 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-6110-60-01 HWY 289 Gateway Monument 250,000.00 250,000.00 250,000.00 100-7145-60-01 Transfer to VERF 1,979.00 1,979.00 329.84 164.92 16.67 1,649.16 100-5110-60-02 Salaries & Wages 742,914.00 742,914.00 101,614.60 50,842.91 13.68 641,299.40 100-5115-60-02 Salaries - Overtime 15,443.00 15,443.00 1,749.84 502.21 11.33 13,693.16 100-5126-60-02 Salaries-Vacation Buy-Out 10,793.00 10,793.00 3,575.92 3,575.92 33.13 7,217.08 100-5140-60-02 Salaries - Longevity Pay 3,905.00 3,905.00 3,790.00 3,790.00 97.06 115.00 100-5143-60-02 Cell Phone Allowance 6,000.00 6,000.00 460.00 230.00 7.67 5,540.00 100-5145-60-02 Social Security Expense 48,302.00 48,302.00 6,375.65 3,395.28 13.20 41,926.35 100-5150-60-02 Medicare Expense 11,299.00 11,299.00 1,491.13 794.10 13.20 9,807.87 100-5155-60-02 SUTA Expense 2,907.00 2,907.00 2,907.00 100-5160-60-02 Health Insurance 151,314.00 151,314.00 21,668.36 10,834.18 14.32 129,645.64 100-5165-60-02 Dental Insurance 6,648.00 6,648.00 1,008.88 504.44 15.18 5,639.12 100-5170-60-02 Life Insurance/AD&D 1,754.00 1,754.00 281.40 140.70 16.04 1,472.60 100-5175-60-02 Liability (TML)/Workers' Comp 27,975.00 27,975.00 2,048.50 1,085.49 7.32 25,926.50 100-5180-60-02 TMRS Expense 108,399.00 108,399.00 15,019.61 7,960.16 13.86 93,379.39 100-5185-60-02 Long/Short Term Disability 1,373.00 1,373.00 191.47 95.88 13.95 1,181.53 100-5186-60-02 WELLE-Wellness Prog Reimb Empl 6,300.00 6,300.00 856.64 428.32 13.60 5,443.36 100-5210-60-02 Office Supplies 500.00 500.00 500.00 100-5212-60-02 Building Supplies 1,500.00 1,500.00 1,500.00 100-5220-60-02 Office Equipment 3,111.00 3,111.00 3,111.00 100-5230-60-02 Dues,Fees,& Subscriptions 1,088.00 1,088.00 240.00 140.00 22.06 848.00 100-5310-60-02 Rental Expense 29,000.00 29,000.00 4,350.00 4,350.00 19,575.00 15.00 5,075.00 100-5320-60-02 Repairs & Maintenance 81,790.00 81,790.00 15,616.64 6,160.16 19.09 66,173.36 100-5322-60-02 Irrigation Repairs 29,200.00 29,200.00 6,776.01 1,484.43 23.21 22,423.99 100-5323-60-02 Field Maintenance 62,325.00 62,325.00 10,822.35 2,542.78 17.36 51,502.65 100-5330-60-02 Copier Expense 237.00 237.00 15.30 15.30 6.46 221.70 100-5350-60-02 Vehicle Expense 4,500.00 4,500.00 40.00 40.00 0.89 4,460.00 100-5352-60-02 Fuel 14,295.00 14,295.00 2,433.90 1,258.69 17.03 11,861.10 100-5353-60-02 Oil/Grease/Inspections 1,650.00 1,650.00 132.77 33.31 8.05 1,517.23 100-5355-60-02 Chemicals/Fertilizer 50,680.00 50,680.00 5,261.81 2,071.32 10.38 45,418.19 100-5400-60-02 Uniform Expense 10,060.00 10,060.00 530.66 5.28 9,529.34 100-5480-60-02 Contracted Services 271,972.00 271,972.00 35,656.88 5,402.45 47,518.45 13.11 188,796.67 100-5520-60-02 Telephones 4,730.00 4,730.00 529.70 264.85 11.20 4,200.30 100-5523-60-02 Water/Sewer Charges 176,608.00 176,608.00 33,192.83 10,357.70 18.80 143,415.17 100-5525-60-02 Electricity 160,000.00 160,000.00 25,564.82 12,022.28 15.98 134,435.18 100-5526-60-02 Data Network 800.00 800.00 75.98 37.99 9.50 724.02 100-5530-60-02 Travel 3,705.00 3,705.00 3,705.00 100-5533-60-02 Mileage Expense 150.00 150.00 150.00 100-5536-60-02 Training/Seminars 2,550.00 2,550.00 2,550.00 100-5620-60-02 Tools & Equipment 3,950.00 6,500.00 10,450.00 6,046.30 4,403.70 100-5630-60-02 Safety Equipment 1,680.00 1,680.00 25.96 1.55 1,654.04 100-5640-60-02 Signs & Hardware 6,200.00 6,200.00 6,200.00 Item 4b 35 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-6120-60-02 Capital Expense-Park Impr 169,559.00 169,559.00 131,793.00 106,798.00 37,766.00 77.73 100-6140-60-02 Capital Expense-Equipment 99,050.00 - 6,500.00 92,550.00 72,154.82 20,395.18 100-7145-60-02 Transfer to VERF 77,653.00 77,653.00 12,942.16 6,471.08 16.67 64,710.84 100-5110-60-03 Salaries & Wages 53,222.00 53,222.00 7,949.52 3,974.76 14.94 45,272.48 100-5140-60-03 Salaries - Longevity Pay 230.00 230.00 230.00 230.00 100.00 100-5145-60-03 Social Security Expense 3,314.00 3,314.00 456.64 235.45 13.78 2,857.36 100-5150-60-03 Medicare Expense 775.00 775.00 106.80 55.07 13.78 668.20 100-5155-60-03 SUTA Expense 171.00 171.00 171.00 100-5170-60-03 Life Insurance/AD&D 113.00 113.00 18.76 9.38 16.60 94.24 100-5175-60-03 Liability (TML)/Workers' Comp 52.00 52.00 15.56 8.00 29.92 36.44 100-5180-60-03 TMRS Expense 7,462.00 7,462.00 1,100.96 565.96 14.75 6,361.04 100-5185-60-03 Long/Short Term Disability 99.00 99.00 15.12 7.56 15.27 83.88 100-5230-60-03 Dues,Fees,& Subscriptions 15.00 15.00 - 15.00 100-5240-60-03 Postage and Delivery 1,800.00 1,800.00 34.50 34.50 1.92 1,765.50 100-5260-60-03 Advertising 2,000.00 2,000.00 2,000.00 100-5280-60-03 Printing and Reproduction 2,000.00 2,000.00 2,000.00 100-5475-60-03 Credit Card Fees 1,500.00 1,500.00 590.48 269.01 39.37 909.52 100-5523-60-03 Water/Sewer Charges 5.17 2.67 - 5.17 100-5600-60-03 Special Events 28,725.00 28,725.00 28,725.00 100-5995-60-03 Recreation Activities 28,000.00 28,000.00 9,351.54 9,030.69 33.40 18,648.46 100-5110-60-05 Salaries & Wages 292,487.00 292,487.00 21,003.55 10,536.77 7.18 271,483.45 100-5140-60-05 Salaries - Longevity Pay 210.00 210.00 205.00 205.00 97.62 5.00 100-5145-60-05 Social Security Expense 18,649.00 18,649.00 1,315.66 666.36 7.06 17,333.34 100-5150-60-05 Medicare Expense 4,336.00 4,336.00 307.70 155.84 7.10 4,028.30 100-5155-60-05 SUTA Expense 1,454.00 1,454.00 1,454.00 100-5160-60-05 Health Insurance 20,331.00 20,331.00 20,331.00 100-5165-60-05 Dental Insurance 1,337.00 1,337.00 1,337.00 100-5170-60-05 Life Insurance/AD&D 271.00 271.00 18.76 9.38 6.92 252.24 100-5175-60-05 Liability (TML)/Workers' Comp 440.00 440.00 45.51 23.04 10.34 394.49 100-5180-60-05 TMRS Expense 33,760.00 33,760.00 2,245.31 1,136.45 6.65 31,514.69 100-5185-60-05 Long/Short Term Disability 462.00 462.00 31.32 15.66 6.78 430.68 100-5186-60-05 WELLE-Wellness Prog Reimb Empl 2,700.00 2,700.00 2,700.00 100-5210-60-05 Office Supplies 8,170.00 - 500.00 7,670.00 7,670.00 100-5212-60-05 Building Supplies 100.00 100.00 100.00 100-5220-60-05 Office Equipment 25,740.00 25,740.00 25,740.00 100-5230-60-05 Dues,Fees,& Subscriptions 3,000.00 3,000.00 3,000.00 100-5240-60-05 Postage and Delivery 100.00 100.00 26.48 2.76 26.48 73.52 100-5281-60-05 Book Purchases 27,000.00 27,000.00 7,381.23 2,411.70 12,787.77 27.34 6,831.00 100-5282-60-05 DVD Purchases 1,500.00 1,500.00 1,500.00 100-5283-60-05 Audiobook Purchases 1,700.00 1,700.00 205.83 47.41 12.11 1,494.17 100-5284-60-05 Other Collect. Item Purchases 2,617.00 2,617.00 228.99 8.75 2,388.01 100-5310-60-05 Rental Expense 500.00 500.00 500.00 Item 4b 36 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5325-60-05 Copier Lease 900.00 900.00 900.00 100-5330-60-05 Copier Expense 900.00 900.00 77.79 77.79 8.64 822.21 100-5400-60-05 Uniform Expense 975.00 975.00 100.00 100.00 10.26 875.00 100-5430-60-05 Legal Fees 3,700.00 3,700.00 3,500.00 200.00 100-5480-60-05 Contracted Services 6,500.00 6,500.00 6,500.00 100-5520-60-05 Telephones 1,980.00 1,980.00 71.80 35.90 3.63 1,908.20 100-5526-60-05 Data Network 75.98 37.99 - 75.98 100-5530-60-05 Travel 6,500.00 6,500.00 25.97 0.40 6,474.03 100-5533-60-05 Mileage Expense 500.00 500.00 293.18 58.64 206.82 100-5536-60-05 Training/Seminars 1,000.00 1,000.00 1,000.00 100-5600-60-05 Special Events 1,000.00 1,000.00 1,000.00 100-7145-60-05 TRANSFER TO VERF 660.00 660.00 110.00 55.00 16.67 550.00 100-5110-98-01 Salaries & Wages 677,273.00 677,273.00 89,251.40 44,625.70 13.18 588,021.60 100-5115-98-01 Salaries - Overtime 700.00 700.00 700.00 100-5126-98-01 Salaries-Vacation Buy-Out 9,348.00 9,348.00 6,612.02 6,612.02 70.73 2,735.98 100-5140-98-01 Salaries - Longevity Pay 1,665.00 1,665.00 1,590.00 1,590.00 95.50 75.00 100-5145-98-01 Social Security Expense 42,748.00 42,748.00 4,799.36 2,262.35 11.23 37,948.64 100-5150-98-01 Medicare Expense 9,997.00 9,997.00 1,305.60 712.24 13.06 8,691.40 100-5155-98-01 SUTA Expense 1,197.00 1,197.00 1,197.00 100-5160-98-01 Health Insurance 68,433.00 68,433.00 9,777.40 4,888.70 14.29 58,655.60 100-5165-98-01 Dental Insurance 3,157.00 3,157.00 476.56 238.28 15.10 2,680.44 100-5170-98-01 Life Insurance/AD&D 795.00 795.00 123.84 61.92 15.58 671.16 100-5175-98-01 Liability (TML)/Workers' Comp 1,431.00 1,431.00 271.35 145.01 18.96 1,159.65 100-5180-98-01 TMRS Expense 95,887.00 95,887.00 13,144.16 7,124.08 13.71 82,742.84 100-5185-98-01 Long/Short Term Disability 1,254.00 1,254.00 169.56 84.78 13.52 1,084.44 100-5186-98-01 WELLE-Wellness Prog Reimb Empl 1,650.00 1,650.00 200.00 100.00 12.12 1,450.00 100-5210-98-01 Office Supplies 2,470.00 2,470.00 353.58 111.71 14.32 2,116.42 100-5212-98-01 Building Supplies 350.00 350.00 350.00 100-5220-98-01 Office Equipment 7,130.00 7,130.00 7,130.00 100-5230-98-01 Dues,Fees,& Subscriptions 3,155.00 3,155.00 3,155.00 100-5240-98-01 Postage and Delivery 280.00 280.00 11.01 1.65 3.93 268.99 100-5250-98-01 Publications 346.00 346.00 346.00 100-5280-98-01 Printing and Reproduction 200.00 200.00 200.00 100-5330-98-01 Copier Expense 840.00 840.00 83.59 83.59 9.95 756.41 100-5350-98-01 Vehicle Expense 200.00 200.00 10.04 5.02 189.96 100-5352-98-01 Fuel 45.83 - 45.83 100-5353-98-01 Oil/Grease/Inspections 250.00 250.00 250.00 100-5400-98-01 Uniform Expense 700.00 700.00 700.00 100-5410-98-01 Professional Services 30,000.00 82,350.00 112,350.00 19,093.03 2,044.19 63,256.97 16.99 30,000.00 100-5419-98-01 IT Licenses 2,250.00 2,250.00 2,250.00 100-5430-98-01 Legal Fees 10,000.00 10,000.00 1,254.05 - 817.00 12.54 8,745.95 100-5435-98-01 Legal Notices/Filings 2,400.00 2,400.00 187.40 7.81 2,212.60 Item 4b 37 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5480-98-01 Contracted Services 960.00 960.00 240.00 120.00 25.00 720.00 100-5520-98-01 Telephones 3,575.00 3,575.00 341.12 170.56 9.54 3,233.88 100-5523-98-01 Water/Sewer Charges 172.00 172.00 29.46 15.21 17.13 142.54 100-5524-98-01 Gas 490.00 490.00 95.72 48.87 19.54 394.28 100-5526-98-01 Data Network 480.00 480.00 367.67 329.68 76.60 112.33 100-5530-98-01 Travel 3,660.00 3,660.00 36.00 0.98 3,624.00 100-5533-98-01 Mileage Expense 6,750.00 6,750.00 34.24 0.51 6,715.76 100-5536-98-01 Training/Seminars 4,399.00 4,399.00 4,399.00 100-5620-98-01 Tools & Equipment 1,000.00 1,000.00 59.99 6.00 940.01 100-7145-98-01 Transfer to VERF 12,677.00 12,677.00 281.56 140.78 2.22 12,395.44 150-4015-10-00 Water Impact Fees - 19,105.00 - 19,105.00 - 19,105.00 150-4020-10-00 Wastewater Impact Fees - 14,110.00 - 14,110.00 - 14,110.00 150-4040-10-00 East Thoroughfare Impact Fees - 332,938.00 - 332,938.00 - 332,938.00 150-4110-10-00 Property Taxes (Town)- 212,036.00 - 212,036.00 - 212,036.00 150-4111-10-00 Property Taxes (County)- 84,975.00 - 84,975.00 - 84,975.00 150-4120-10-00 Sales Taxes (Town)- 365,000.00 - 365,000.00 - 12,185.95 - 6,115.76 3.34 - 352,814.05 150-4121-10-00 Sales Taxes (PEDC)- 203,792.00 - 203,792.00 - 10,205.73 - 5,121.95 5.01 - 193,586.27 150-4610-10-00 Interest Income - 20,000.00 - 20,000.00 - 283.74 - 191.78 1.42 - 19,716.26 150-5820-10-00 Town Ad Valorem Tax Rebate 1,245,915.00 1,245,915.00 1,245,915.00 160-4041-10-00 W Thoro Impact Fee - 206,190.00 - 206,190.00 - 206,190.00 160-4610-10-00 Interest Income - 38.50 - 23.98 38.50 160-5810-10-00 W Thoro Impact Fee Rebate 206,978.00 206,978.00 206,978.00 200-4000-10-08 W/S Service Initiation - 88,000.00 - 88,000.00 - 12,300.00 - 5,900.00 13.98 - 75,700.00 200-4007-10-08 Sanitation - 1,061,760.00 - 1,061,760.00 - 164,513.72 - 82,604.36 15.49 - 897,246.28 200-4009-10-08 Late Fee-W/S - 99,225.00 - 99,225.00 - 21,225.39 - 11,524.11 21.39 - 77,999.61 200-4005-50-02 Water Revenue - 9,374,394.00 - 9,374,394.00 - 1,278,030.81 - 750,438.07 13.63 - 8,096,363.19 200-4010-50-02 Connection Tap & Construction - 875,830.00 - 875,830.00 - 152,938.00 - 78,813.00 17.46 - 722,892.00 200-4012-50-02 Saturday Inspection Fee - 13,432.00 - 13,432.00 - 150.00 - 150.00 1.12 - 13,282.00 200-4018-50-02 Internet Cr. Card Fees - 49,984.00 - 49,984.00 - 10,420.94 - 5,161.83 20.85 - 39,563.06 200-4019-50-02 Cr. Card Pmt Fees - 12,892.00 - 12,892.00 - 2,865.51 - 1,461.14 22.23 - 10,026.49 200-4060-50-02 NSF Fees - 1,850.00 - 1,850.00 - 150.00 - 75.00 8.11 - 1,700.00 200-4243-50-02 Backflow Prevention Inspection - 32,398.00 - 32,398.00 - 7,100.00 - 3,925.00 21.92 - 25,298.00 200-4610-50-02 Interest Income - 71,421.00 - 71,421.00 - 12,114.01 - 8,021.57 16.96 - 59,306.99 200-4910-50-02 Other Revenue - 117,178.00 - 117,178.00 - 23,226.64 - 12,053.30 19.82 - 93,951.36 200-4006-50-03 Sewer - 4,603,625.00 - 4,603,625.00 - 577,816.51 - 401,461.26 12.55 - 4,025,808.49 200-4010-50-03 Connection Tap & Construction - 366,914.00 - 366,914.00 - 65,800.00 - 34,200.00 17.93 - 301,114.00 200-5110-10-08 Salaries & Wages 172,626.00 172,626.00 22,639.81 11,319.90 13.12 149,986.19 200-5115-10-08 Salaries - Overtime 3,500.00 3,500.00 147.86 147.86 4.23 3,352.14 200-5140-10-08 Salaries - Longevity Pay 1,115.00 1,115.00 1,110.00 1,110.00 99.55 5.00 200-5145-10-08 Social Security Expense 10,989.00 10,989.00 1,413.48 745.73 12.86 9,575.52 200-5150-10-08 Medicare Expense 2,570.00 2,570.00 330.58 174.40 12.86 2,239.42 200-5155-10-08 SUTA Expense 684.00 684.00 684.00 Item 4b 38 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-5160-10-08 Health Insurance 23,520.00 23,520.00 3,292.96 1,646.48 14.00 20,227.04 200-5165-10-08 Dental Insurance 1,569.00 1,569.00 228.40 114.20 14.56 1,340.60 200-5170-10-08 Life Insurance/AD&D 362.00 362.00 56.28 28.14 15.55 305.72 200-5175-10-08 Liability (TML)/Workers' Comp 193.00 193.00 45.70 24.00 23.68 147.30 200-5180-10-08 TMRS Expense 24,639.00 24,639.00 3,243.54 1,706.43 13.16 21,395.46 200-5185-10-08 Long/Short Term Disability 322.00 322.00 43.00 21.50 13.35 279.00 200-5186-10-08 WELLE-Wellness Prog Reimb-Empl 1,500.00 1,500.00 200.00 100.00 13.33 1,300.00 200-5210-10-08 Office Supplies 2,140.00 2,140.00 292.45 292.45 13.67 1,847.55 200-5212-10-08 Building Supplies 1,275.00 1,275.00 213.41 81.07 16.74 1,061.59 200-5220-10-08 Office Equipment 4,595.00 4,595.00 4,595.00 200-5230-10-08 Dues,Fees,& Subscriptions 200.00 200.00 200.00 200-5240-10-08 Postage and Delivery 37,500.00 37,500.00 6,035.19 3,005.92 16.09 31,464.81 200-5280-10-08 Printing and Reproduction 3,636.00 3,636.00 833.70 353.80 22.93 2,802.30 200-5290-10-08 Other Charges and Services 300.00 300.00 300.00 200-5330-10-08 Copier Expense 1,386.00 1,386.00 116.63 116.63 8.42 1,269.37 200-5340-10-08 Building Repairs 400.00 400.00 400.00 200-5400-10-08 Uniform Expense 226.00 226.00 226.00 200-5418-10-08 IT Fees 10,200.00 10,200.00 10,200.00 200-5430-10-08 Legal Fees 3,150.00 3,150.00 3,150.00 200-5470-10-08 Trash Collection 1,287,692.00 1,287,692.00 152,934.87 76,789.89 11.88 1,134,757.13 200-5479-10-08 Household Haz. Waste Disposal 10,000.00 10,000.00 440.00 440.00 4.40 9,560.00 200-5480-10-08 Contracted Services 15,000.00 15,000.00 1,435.63 719.00 9.57 13,564.37 200-5520-10-08 Telephones 1,225.00 1,225.00 71.80 35.90 5.86 1,153.20 200-5523-10-08 Water/Sewer Charges 835.00 835.00 47.16 27.11 5.65 787.84 200-5530-10-08 Travel 500.00 500.00 500.00 200-5533-10-08 Mileage Expense 700.00 700.00 700.00 200-5536-10-08 Training/Seminars 1,500.00 1,500.00 1,500.00 200-5600-10-08 Special Events 900.00 900.00 900.00 200-7145-10-08 Transfer to VERF 887.00 887.00 147.84 73.92 16.67 739.16 200-7147-10-08 Transfer to GF 44,237.00 44,237.00 7,372.84 3,686.42 16.67 36,864.16 200-5176-10-99 TML-Prop & Liab Insurance 39,650.00 39,650.00 49,168.64 11,770.66 124.01 - 9,518.64 200-5295-10-99 General Fund Franchise Fee 225,539.00 225,539.00 225,539.00 200-5405-10-99 Land Acq. Svcs Park Ops/PW Com 800.00 800.00 800.00 200-5415-10-99 Tuition Reimbursement 6,018.00 6,018.00 6,018.00 200-6186-10-99 2013 Bond Payment 215,000.00 215,000.00 215,000.00 200-6192-10-99 2011 Refd Bond Pmt 183,000.00 183,000.00 183,000.00 200-6193-10-99 2012 CO Bond Payment 278,050.00 278,050.00 278,050.00 200-6199-10-99 08 CO Bond Payment 62,000.00 62,000.00 62,000.00 200-6201-10-99 2014 GO Bond Payment 365,000.00 365,000.00 365,000.00 200-6202-10-99 2014 CO Bond Payment 470,000.00 470,000.00 470,000.00 200-6205-10-99 2016 GO Bond Payment 340,900.00 340,900.00 340,900.00 200-6299-10-99 Bond Interest Expense 1,059,922.00 1,059,922.00 1,059,922.00 Item 4b 39 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-6610-10-99 Park Ops/Public Works Complex 2,000,000.00 - 800.00 1,999,200.00 1,999,200.00 200-7000-10-99 Contingency 50,000.00 4,352.90 54,352.90 4,352.90 50,000.00 200-5110-50-02 Salaries & Wages 1,043,500.00 1,043,500.00 137,551.76 67,989.31 13.18 905,948.24 200-5115-50-02 Salaries - Overtime 29,600.00 29,600.00 5,391.01 2,316.24 18.21 24,208.99 200-5126-50-02 Salaries-Vacation Buy-Out 4,006.00 4,006.00 2,002.80 2,002.80 50.00 2,003.20 200-5140-50-02 Salaries - Longevity Pay 4,455.00 4,455.00 3,890.00 3,890.00 87.32 565.00 200-5145-50-02 Social Security Expense 67,057.00 67,057.00 8,705.10 4,452.52 12.98 58,351.90 200-5150-50-02 Medicare Expense 15,683.00 15,683.00 2,035.89 1,041.30 12.98 13,647.11 200-5155-50-02 SUTA Expense 3,591.00 3,591.00 3,591.00 200-5160-50-02 Health Insurance 147,458.00 147,458.00 21,890.02 11,562.10 14.85 125,567.98 200-5165-50-02 Dental Insurance 8,180.00 8,180.00 1,083.78 532.96 13.25 7,096.22 200-5170-50-02 Life Insurance/AD&D 2,135.00 2,135.00 318.92 159.46 14.94 1,816.08 200-5175-50-02 Liability (TML)/Workers' Comp 45,246.00 45,246.00 3,015.45 1,537.42 6.67 42,230.55 200-5180-50-02 TMRS Expense 150,457.00 150,457.00 20,143.31 10,313.95 13.39 130,313.69 200-5185-50-02 Long/Short Term Disability 1,938.00 1,938.00 255.93 127.66 13.21 1,682.07 200-5186-50-02 WELLE-Wellness Prog Reimb-Empl 7,950.00 7,950.00 817.48 428.32 10.28 7,132.52 200-5210-50-02 Office Supplies 3,925.00 3,925.00 170.68 63.76 4.35 3,754.32 200-5212-50-02 Building Supplies 3,800.00 3,800.00 308.87 267.05 8.13 3,491.13 200-5220-50-02 Office Equipment 11,220.00 11,220.00 308.82 2.75 10,911.18 200-5230-50-02 Dues,Fees,& Subscriptions 20,000.00 20,000.00 66.00 30.00 0.33 19,934.00 200-5240-50-02 Postage and Delivery 130.00 130.00 145.55 119.27 111.96 - 15.55 200-5280-50-02 Printing and Reproduction 3,000.00 3,000.00 3,000.00 200-5310-50-02 Rental Expense 3,000.00 3,000.00 3,000.00 200-5320-50-02 Repairs & Maintenance 3,600.00 3,600.00 13,506.85 13,506.85 375.19 - 9,906.85 200-5330-50-02 Copier Expense 1,600.00 1,600.00 174.26 174.26 10.89 1,425.74 200-5340-50-02 Building Repairs 5,000.00 5,000.00 390.59 390.59 7.81 4,609.41 200-5350-50-02 Vehicle Expense 31,322.00 31,322.00 1,294.50 991.90 4.13 30,027.50 200-5352-50-02 Fuel 25,200.00 25,200.00 3,865.99 1,819.32 15.34 21,334.01 200-5353-50-02 Oil/Grease/Inspections 1,000.00 1,000.00 339.78 192.46 33.98 660.22 200-5400-50-02 Uniform Expense 20,150.00 20,150.00 6,914.19 4,365.22 34.31 13,235.81 200-5419-50-02 IT Licenses 17,000.00 17,000.00 17,000.00 200-5430-50-02 Legal Fees 1,000.00 1,000.00 1,000.00 200-5475-50-02 Credit Card Fees 51,000.00 51,000.00 14,919.37 7,810.53 29.25 36,080.63 200-5480-50-02 Contracted Services 51,500.00 51,500.00 1,698.00 852.00 3.30 49,802.00 200-5520-50-02 Telephones 9,855.00 9,855.00 1,242.98 653.98 12.61 8,612.02 200-5521-50-02 Cell Phone Expense 1,700.00 1,700.00 1,700.00 200-5523-50-02 Water/Sewer Charges 45,700.00 45,700.00 2,334.38 1,801.78 5.11 43,365.62 200-5524-50-02 Gas 1,000.00 1,000.00 390.84 390.84 39.08 609.16 200-5525-50-02 Electricity 243,660.00 243,660.00 50,349.80 22,238.41 20.66 193,310.20 200-5526-50-02 Data Network 4,320.00 4,320.00 631.86 365.93 14.63 3,688.14 200-5530-50-02 Travel 2,300.00 2,300.00 2,300.00 200-5533-50-02 Mileage Expense 1,000.00 1,000.00 1,000.00 Item 4b 40 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-5536-50-02 Training/Seminars 12,200.00 12,200.00 22.08 25.00 0.18 12,177.92 200-5540-50-02 Water Testing 4,000.00 4,000.00 423.89 423.89 10.60 3,576.11 200-5545-50-02 Meter Purchases 381,480.00 381,480.00 62,344.10 56,878.10 16.34 319,135.90 200-5550-50-02 Water Purchases 4,153,586.00 4,153,586.00 700,172.74 350,090.00 16.86 3,453,413.26 200-5620-50-02 Tools & Equipment 21,989.00 21,989.00 623.74 425.07 2.84 21,365.26 200-5630-50-02 Safety Equipment 10,600.00 10,600.00 2,199.89 339.99 20.75 8,400.11 200-5640-50-02 Signs & Hardware 1,612.00 1,612.00 1,612.00 200-5650-50-02 Maintenance Materials 3,000.00 3,000.00 2,281.66 2,076.66 76.06 718.34 200-5660-50-02 Chemical Supplies 9,080.00 9,080.00 4,750.89 4,750.89 52.32 4,329.11 200-5670-50-02 System Improvements 155,000.00 155,000.00 15,273.97 784.66 9.85 139,726.03 200-6125-50-02 CAPITAL EXPENSE-TECHNOLOGY 52,100.00 52,100.00 52,100.00 200-6140-50-02 Capital Expense-Equipment 132,200.00 132,200.00 132,200.00 200-6160-50-02 Capital Expense-Vehicles 51,618.00 51,618.00 45,805.00 5,813.00 200-7145-50-02 Transfer to VERF 180,232.00 180,232.00 30,038.66 15,019.33 16.67 150,193.34 200-7147-50-02 Transfer to GF 577,651.00 577,651.00 96,275.16 48,137.58 16.67 481,375.84 200-5110-50-03 Salaries & Wages 370,148.00 370,148.00 43,041.60 23,068.61 11.63 327,106.40 200-5115-50-03 Salaries - Overtime 15,000.00 15,000.00 3,529.28 1,361.09 23.53 11,470.72 200-5140-50-03 Salaries - Longevity Pay 1,635.00 1,635.00 1,495.00 1,495.00 91.44 140.00 200-5145-50-03 Social Security Expense 23,982.00 23,982.00 2,782.02 1,506.25 11.60 21,199.98 200-5150-50-03 Medicare Expense 5,608.00 5,608.00 650.62 352.27 11.60 4,957.38 200-5155-50-03 SUTA Expense 1,539.00 1,539.00 1,539.00 200-5160-50-03 Health Insurance 73,190.00 73,190.00 8,318.86 4,277.14 11.37 64,871.14 200-5165-50-03 Dental Insurance 3,739.00 3,739.00 429.34 223.60 11.48 3,309.66 200-5170-50-03 Life Insurance/AD&D 859.00 859.00 121.94 65.66 14.20 737.06 200-5175-50-03 Liability (TML)/Workers' Comp 19,202.00 19,202.00 1,149.54 617.01 5.99 18,052.46 200-5180-50-03 TMRS Expense 53,652.00 53,652.00 6,507.12 3,508.21 12.13 47,144.88 200-5185-50-03 Long/Short Term Disability 693.00 693.00 79.37 42.49 11.45 613.63 200-5186-50-03 WELLE-Wellness Prog Reimb-Empl 3,900.00 3,900.00 278.32 139.16 7.14 3,621.68 200-5210-50-03 Office Supplies 1,800.00 1,800.00 478.04 339.04 26.56 1,321.96 200-5212-50-03 Building Supplies 700.00 700.00 700.00 200-5220-50-03 Office Equipment 2,240.00 2,240.00 2,240.00 200-5230-50-03 Dues,Fees,& Subscriptions 8,467.00 8,467.00 85.00 85.00 1.00 8,382.00 200-5280-50-03 Printing and Reproduction 300.00 300.00 300.00 200-5310-50-03 Rental Expense 5,000.00 5,000.00 5,000.00 200-5320-50-03 Repairs & Maintenance 37,000.00 37,000.00 1,113.00 3.01 35,887.00 200-5335-50-03 Radio/Video Repairs 500.00 500.00 500.00 200-5340-50-03 Building Repairs 1,000.00 1,000.00 1,000.00 200-5350-50-03 Vehicle Expense 26,800.00 26,800.00 125.75 0.47 26,674.25 200-5352-50-03 Fuel 11,700.00 11,700.00 1,396.60 835.92 11.94 10,303.40 200-5353-50-03 Oil/Grease/Inspections 300.00 300.00 102.14 72.49 34.05 197.86 200-5400-50-03 Uniform Expense 9,200.00 9,200.00 2,863.48 1,652.18 31.13 6,336.52 200-5419-50-03 IT Licenses 14,000.00 14,000.00 14,000.00 Item 4b 41 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-5430-50-03 Legal Fees 100.00 100.00 100.00 200-5480-50-03 Contracted Services 63,750.00 63,750.00 5,500.00 58,250.00 200-5520-50-03 Telephones 1,500.00 1,500.00 294.50 147.25 19.63 1,205.50 200-5521-50-03 Cell Phone Expense 850.00 850.00 850.00 200-5523-50-03 Water/Sewer Charges 17,770.00 17,770.00 64.50 31.11 0.36 17,705.50 200-5525-50-03 Electricity 46,098.00 46,098.00 9,071.66 4,122.78 19.68 37,026.34 200-5526-50-03 Data Network 163.59 125.60 - 163.59 200-5530-50-03 Travel 500.00 500.00 500.00 200-5533-50-03 Mileage Expense 200.00 200.00 200.00 200-5536-50-03 Training/Seminars 13,200.00 13,200.00 13,200.00 200-5560-50-03 Sewer Management Fees 1,626,925.00 1,626,925.00 505,811.44 202,694.44 31.09 1,121,113.56 200-5620-50-03 Tools & Equipment 11,500.00 11,500.00 193.02 52.00 1.68 11,306.98 200-5630-50-03 Safety Equipment 15,700.00 15,700.00 1,463.95 179.00 9.33 14,236.05 200-5640-50-03 Signs & Hardware 250.00 250.00 250.00 200-5650-50-03 Maintenance Materials 2,000.00 2,000.00 30.75 1.54 1,969.25 200-5660-50-03 Chemical Supplies 3,000.00 3,000.00 534.65 17.82 2,465.35 200-5670-50-03 System Improvements 49,300.00 49,300.00 496.26 205.00 1.01 48,803.74 200-5680-50-03 Lift Station Expense 15,000.00 15,000.00 2,862.53 2,862.53 19.08 12,137.47 200-6140-50-03 Capital Expense-Equipment 20,000.00 20,000.00 20,000.00 200-6160-50-03 Capital Expense-Vehicles 411,200.00 411,200.00 333,337.65 333,337.65 39,263.00 81.07 38,599.35 200-7145-50-03 Transfer to VERF 64,858.00 64,858.00 10,809.66 5,404.83 16.67 54,048.34 200-7147-50-03 Transfer to GF 152,356.00 152,356.00 25,392.66 12,696.33 16.67 126,963.34 300-4105-10-00 Property Taxes -Delinquent - 141,463.00 - 141,463.00 - 5,075.68 - 1,189.54 3.59 - 136,387.32 300-4110-10-00 Property Taxes -Current - 4,810,042.00 - 4,810,042.00 - 376,804.49 - 288,032.98 7.83 - 4,433,237.51 300-4115-10-00 Taxes -Penalties - 35,520.00 - 35,520.00 - 1,777.95 - 351.20 5.01 - 33,742.05 300-4610-10-00 Interest Income - 36,000.00 - 36,000.00 - 3,767.74 - 2,589.15 10.47 - 32,232.26 300-5410-10-00 Professional Services 8,400.00 8,400.00 8,400.00 300-6186-10-00 2013 GO Ref Bond 155,000.00 155,000.00 155,000.00 300-6189-10-00 2012 GO TX Bond Payment 175,000.00 175,000.00 175,000.00 300-6192-10-00 2011 Ref Bond Pmt 117,000.00 117,000.00 117,000.00 300-6199-10-00 2008 Bond Payment 558,000.00 558,000.00 558,000.00 300-6200-10-00 Bond Administrative Fees 7,650.00 7,650.00 800.00 400.00 10.46 6,850.00 300-6201-10-00 2014 GO Debt payment 255,000.00 255,000.00 255,000.00 300-6203-10-00 2015 GO Debt Payment 170,000.00 170,000.00 170,000.00 300-6204-10-00 2015 CO Debt Payment 60,000.00 60,000.00 60,000.00 300-6205-10-00 2016 GO Debt Payment 374,100.00 374,100.00 374,100.00 300-6206-10-00 2016 CO Debt Payment 115,000.00 115,000.00 115,000.00 300-6207-10-00 2017 CO Bond Payment 575,000.00 575,000.00 575,000.00 300-6299-10-00 Bond Interest Expense 2,148,158.00 2,148,158.00 2,148,158.00 400-4610-10-00 Interest Earned - 153.93 - 100.69 153.93 410-4610-10-99 Interest - 15,000.00 - 15,000.00 - 2,729.45 - 1,831.58 18.20 - 12,270.55 410-4910-10-99 Other Reimbursements - 20,000.00 - 20,000.00 - 20,000.00 Item 4b 42 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 410-4995-10-99 Transfer In - 1,069,091.00 - 1,069,091.00 - 177,412.72 - 88,706.36 16.60 - 891,678.28 410-5220-10-01 Office Equipment 1,500.00 1,500.00 1,500.00 410-6125-10-01 Capital-Equipment (Technology) 1,500.00 - 1,500.00 410-5220-10-02 Office Equipment 630.00 630.00 630.00 410-6125-10-02 Capital-Equipment (Technology) 630.00 - 630.00 410-5220-10-03 Office Equipment 3,000.00 3,000.00 3,000.00 410-6125-10-03 Capital-Equipment (Technology) 3,000.00 - 3,000.00 410-5220-10-05 Office Equipment 7,500.00 7,500.00 7,500.00 410-6125-10-05 Capital-Equipment (Technology) 7,500.00 - 7,500.00 410-5220-10-07 Office Equipment 1,500.00 1,500.00 1,500.00 410-6125-10-07 Capital-Equipment (Technology) 1,500.00 - 1,500.00 410-5220-10-08 Office Equipment 900.00 900.00 900.00 410-6125-10-08 Capital-Equipment (Technology) 900.00 - 900.00 410-5220-20-01 Office Equipment 29,970.00 29,970.00 29,970.00 410-6125-20-01 Capital-Equipment (Technology) 29,970.00 - 29,970.00 410-6160-20-01 Capital-Vehicles 179,033.00 179,033.00 160,015.08 19,017.92 410-5220-20-05 Office Equipment 5,000.00 5,000.00 5,000.00 410-6125-20-05 Capital-Equipment (Technology) 5,000.00 - 5,000.00 410-5220-30-01 Office Equipment 26,640.00 26,640.00 26,640.00 410-6125-30-01 Capital-Equipment (Technology) 26,640.00 - 26,640.00 410-6160-30-01 Capital-Vehicles 105,500.00 105,500.00 59,127.64 46,372.36 410-5220-40-01 Office Equipment 4,050.00 4,050.00 4,050.00 410-6125-40-01 Capital-Equipment (Technology) 4,050.00 - 4,050.00 410-5220-40-02 Office Equipment 630.00 630.00 630.00 410-6125-40-02 Capital-Equipment (Technology) 630.00 - 630.00 410-5220-40-03 Office Equipment 3,660.00 3,660.00 3,660.00 410-6125-40-03 Capital-Equipment (Technology) 3,660.00 - 3,660.00 410-6140-50-01 Capital-Equipment 27,800.00 27,800.00 27,800.00 410-5220-50-02 Office Equipment 900.00 900.00 900.00 410-6125-50-02 Capital-Equipment (Technology) 900.00 - 900.00 410-6140-50-02 Capital-Equipment 21,000.00 21,000.00 9,424.74 9,424.74 44.88 11,575.26 410-6160-50-02 Capital-Vehicles 22,200.00 22,200.00 20,710.00 1,490.00 410-5220-60-01 Office Equipment 2,130.00 2,130.00 2,130.00 410-6125-60-01 Capital-Equipment(Technology) 2,130.00 - 2,130.00 410-5220-60-02 OFFICE EQUIPMENT 900.00 900.00 900.00 410-6125-60-02 Capital-Equipment(Technology) 900.00 - 900.00 410-6160-60-02 Capital-vehicles 28,700.00 28,700.00 27,105.00 1,595.00 410-5220-98-01 Office Equipment 5,790.00 5,790.00 5,790.00 410-6125-98-01 Capital-Equipment(Technology) 5,790.00 - 5,790.00 450-4001-98-02 Storm Drainage Utility Fee - 528,351.00 - 528,351.00 - 52,988.51 - 37,487.61 10.03 - 475,362.49 450-4610-98-02 Interest Storm Utility - 10,000.00 - 10,000.00 - 882.62 - 584.95 8.83 - 9,117.38 450-5110-98-02 Salaries 111,555.00 111,555.00 15,882.61 7,439.57 14.24 95,672.39 Item 4b 43 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 450-5115-98-02 Salaries-Overtime 1,000.00 1,000.00 23.97 23.97 2.40 976.03 450-5140-98-02 Salaries-Longevity Pay 135.00 135.00 100.00 100.00 74.07 35.00 450-5145-98-02 Social Security Expense 6,987.00 6,987.00 977.32 461.40 13.99 6,009.68 450-5150-98-02 Medicare Expense 1,635.00 1,635.00 228.56 107.90 13.98 1,406.44 450-5155-98-02 SUTA Expense 342.00 342.00 342.00 450-5160-98-02 Health Insurance 6,796.00 6,796.00 1,007.60 503.80 14.83 5,788.40 450-5165-98-02 Dental Expense 434.00 434.00 72.24 36.12 16.65 361.76 450-5170-98-02 Life Insurance/AD&D 226.00 226.00 32.83 14.07 14.53 193.17 450-5175-98-02 Liability (TML) Workers Comp 5,000.00 5,000.00 345.55 163.19 6.91 4,654.45 450-5180-98-02 TMRS Expense 15,733.00 15,733.00 2,154.47 1,018.04 13.69 13,578.53 450-5185-98-02 Long/Short Term Disability 206.00 206.00 29.22 13.44 14.18 176.78 450-5186-98-02 WELLE-Wellness Prog Reimb Empl 600.00 600.00 600.00 450-5210-98-02 Office Supplies 150.00 150.00 150.00 450-5230-98-02 Dues, Fees, & Subscriptions 2,095.00 2,095.00 2,095.00 450-5240-98-02 Postage and Delivery 50.00 50.00 50.00 450-5310-98-02 Rental Expense 2,500.00 2,500.00 2,500.00 450-5320-98-02 Repairs & Maiantenance 800.00 800.00 800.00 450-5350-98-02 Vehicle Expense 500.00 500.00 27.77 5.55 472.23 450-5352-98-02 Fuel 1,000.00 1,000.00 155.87 34.16 15.59 844.13 450-5353-98-02 Oil/Grease/Inspections 200.00 200.00 200.00 450-5400-98-02 Uniforms 1,000.00 1,000.00 1,000.00 450-5410-98-02 Professional Services-Storm Dr 1,000.00 1,000.00 1,000.00 450-5480-98-02 Contract Services 4,250.00 4,250.00 4,250.00 100.00 450-5520-98-02 Telephones 1,500.00 1,500.00 130.08 65.04 8.67 1,369.92 450-5521-98-02 Cell Phone Expense 650.00 650.00 650.00 450-5526-98-02 Data Network 460.00 460.00 75.98 37.99 16.52 384.02 450-5530-98-02 Travel/Lodging/Meals Expense 500.00 500.00 500.00 450-5536-98-02 Training/Seminars 2,095.00 2,095.00 2,095.00 450-5620-98-02 Toosl & Equipment 500.00 500.00 500.00 450-5630-98-02 Safety Equipment 1,700.00 1,700.00 1,700.00 450-5650-98-02 Maintenance Materials 4,000.00 4,000.00 4,000.00 450-6193-98-02 2012 CO Bond Payment 56,950.00 56,950.00 56,950.00 450-6205-98-02 2016 CO Bond Payment 50,000.00 50,000.00 50,000.00 450-6208-98-02 2017 CO Bond Payment 35,000.00 35,000.00 35,000.00 450-6299-98-02 Bond Interest Expense 149,595.00 149,595.00 149,595.00 450-7145-98-02 Transfer to VERF 9,038.00 9,038.00 1,506.34 753.17 16.67 7,531.66 450-7147-98-02 Transfer to GF 122,390.00 122,390.00 20,398.34 10,199.17 16.67 101,991.66 560-4995-10-00 Transfer In 20,637.35 - 20,637.35 570-4537-10-00 Court Technology Revenue - 10,395.00 - 10,395.00 - 2,213.11 - 1,113.35 21.29 - 8,181.89 570-4610-10-00 Interest - 25.00 - 25.00 - 14.43 - 9.59 57.72 - 10.57 580-4536-10-00 Court Security Revenue - 7,700.00 - 7,700.00 - 1,659.79 - 835.00 21.56 - 6,040.21 580-4610-10-00 Interest - 240.00 - 240.00 - 43.29 - 28.77 18.04 - 196.71 Item 4b 44 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 580-5110-10-00 Salaries & Wages Payable 7,994.00 7,994.00 835.81 358.20 10.46 7,158.19 580-5145-10-00 Social Security Expense 496.00 496.00 51.82 22.21 10.45 444.18 580-5150-10-00 Medicare Expense 116.00 116.00 12.12 5.20 10.45 103.88 580-5155-10-00 SUTA expense 171.00 171.00 171.00 580-5175-10-00 Workers Comp 278.00 278.00 15.12 6.48 5.44 262.88 580-5204-10-00 Court Security Expense 1,044.00 1,044.00 259.17 86.39 24.83 784.83 610-4045-60-00 Park Dedication-Fees - 370,718.00 - 370,718.00 - 370,718.00 610-4610-60-00 Interest Income - 10,000.00 - 10,000.00 - 3,217.96 - 2,124.06 32.18 - 6,782.04 610-5405-60-00 Land Acquistion Services 800.00 800.00 800.00 610-6610-60-00 CAPITAL PROJECT 60,000.00 60,000.00 60,000.00 610-6610-60-00 Frontier North Field Imp 440,657.72 440,657.72 0.00 0.00 460,007.72 - 1.82 - 11,327.70 610-6610-60-00 Park Ops/Public Works Complex 1,100,000.00 - 800.00 1,099,200.00 1,099,200.00 620-4055-60-00 Park Improvement - 398,000.00 - 398,000.00 - 398,000.00 620-4610-60-00 Interest Income - 8,000.00 - 8,000.00 - 2,489.23 - 1,644.60 31.12 - 5,510.77 620-4995-60-00 Transfer In - 900,000.00 - 900,000.00 - 900,000.00 620-6610-60-00 Frontier North Field Imprvmnts 803,984.69 803,984.69 385.20 385.20 803,599.49 0.05 620-6610-60-00 Cockrell Park Trail Connection 70,000.00 70,000.00 70,000.00 620-6610-60-00 Hays Park 50,000.00 50,000.00 50,000.00 620-6610-60-00 Stars Trail Park #1 450,000.00 450,000.00 450,000.00 630-4015-50-00 Impact Fees - 3,584,000.00 - 3,584,000.00 - 612,335.00 - 331,133.00 17.09 - 2,971,665.00 630-4615-50-00 Interest - 40,000.00 - 40,000.00 - 6,981.78 - 4,617.32 17.45 - 33,018.22 630-5489-50-00 DEVELOPER AGREEMENT REIMBURSE 1,709,275.00 - 1,709,275.00 630-5489-50-00 Dev Agrmnt-TVG Westside 975,000.00 975,000.00 74,100.00 7.60 900,900.00 630-5489-50-00 Dev Agrmt-Prsp Prtnrs West 129,750.00 129,750.00 129,750.00 630-5489-50-00 Dev Agrmnt-Parks @ Legacy 25,000.00 25,000.00 25,000.00 630-5489-50-00 Dev Agrmnt-PISD 89,525.00 89,525.00 89,525.00 630-5489-50-00 Dev Agrmnt-Prosper Lakes 97,500.00 97,500.00 97,500.00 630-5489-50-00 Dev Agrment-Star Trail 292,500.00 292,500.00 292,500.00 630-5489-50-00 Dev Agrmnt-TVG Windsong 100,000.00 100,000.00 100,000.00 630-6610-50-00 Prosper Trail EST 110,700.00 110,700.00 40,500.00 70,200.00 36.59 630-6610-50-00 County Line Elevated Storage 240,450.00 280,888.79 521,338.79 37,612.23 37,612.23 243,276.56 7.22 240,450.00 630-6610-50-00 24 WL Conn. Cnty Line EST/DNT 2,232,850.00 607,624.25 2,840,474.25 21,068.53 21,068.53 586,555.72 0.74 2,232,850.00 630-6610-50-00 Custer Road Pump Station Expan 889,350.00 100,175.78 989,525.78 7,673.52 7,673.52 92,502.26 0.78 889,350.00 630-6610-50-00 42" Lovers Lane Trnsmn Line 4,345.64 4,345.64 4,345.64 630-6610-50-00 Lower Pressure Plane Easements 1,487,150.00 1,487,150.00 1,487,150.00 640-4020-50-00 Impact Fees - 600,000.00 - 600,000.00 - 106,606.50 - 51,847.00 17.77 - 493,393.50 640-4620-50-00 Interest - 10,000.00 - 10,000.00 - 1,779.87 - 1,160.32 17.80 - 8,220.13 640-4905-50-00 Equity Fee - 38,000.00 - 19,000.00 38,000.00 640-5489-50-00 DEVELOPER AGREEMENT REIMBURSE 354,425.00 - 354,425.00 640-5489-50-00 Dev Agrmt TVG Westside Util 170,750.00 170,750.00 170,750.00 640-5489-50-00 Dev Agrmt Propser Partners 34,150.00 34,150.00 34,150.00 640-5489-50-00 Dev Agrmt Frontier Estates 51,225.00 51,225.00 51,225.00 Item 4b 45 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 640-5489-50-00 Dev Agrmnt LaCima 10,000.00 10,000.00 10,000.00 640-5489-50-00 Dev Agrmnt Brookhollow 5,000.00 5,000.00 5,000.00 640-5489-50-00 Dev Agrmnt TVG Windsong 68,300.00 68,300.00 68,300.00 640-5489-50-00 Dev Agrmnt All Storage 15,000.00 15,000.00 15,000.00 640-6610-50-00 Public Works Interceptor 165,130.00 85,672.10 250,802.10 72,891.54 12,780.56 29.06 165,130.00 660-4040-50-00 East Thoroughfare Impact Fees - 2,785,000.00 - 2,785,000.00 - 399,494.83 - 274,877.37 14.35 - 2,385,505.17 660-4610-50-00 Interest - 35,000.00 - 35,000.00 - 7,957.70 - 5,317.34 22.74 - 27,042.30 660-5489-50-00 DEVELOPER AGREEMENT REIMBURSE 150,000.00 150,000.00 150,000.00 660-6610-50-00 Frontier Pkwy BNSF Overpass 3,680,000.00 3,680,000.00 3,680,000.00 660-6610-50-00 Prosper Trail (Kroger to Coit) 3,000,000.00 3,000,000.00 3,000,000.00 660-6610-50-00 Prosper Trail (Coit - Custer) 426,582.33 426,582.33 383,477.53 43,104.80 660-6610-50-00 Coit Road (First - Frontier) 350,156.00 350,156.00 88,248.00 24,268.20 261,908.00 25.20 660-6610-50-00 FM2478 ROW (US380-FM1461) 80,000.00 80,000.00 80,000.00 100.00 660-7144-50-00 Transfer to Capital Proj Fund 59,061.00 59,061.00 - 59,061.00 670-4530-10-00 Police Donation Inc - 15,000.00 - 15,000.00 - 2,166.00 - 1,085.00 14.44 - 12,834.00 670-4531-10-00 Fire Donations - 14,000.00 - 14,000.00 - 2,225.00 - 1,113.00 15.89 - 11,775.00 670-4535-10-00 Child Safety Inc - 5,000.00 - 5,000.00 - 341.11 - 341.11 6.82 - 4,658.89 670-4538-10-00 Donations - ITTCC - 1,000.00 - 1,000.00 - 1,000.00 670-4550-10-00 LEOSE Revenue - 2,000.00 - 2,000.00 - 2,000.00 670-4610-10-00 Interest Income - 2,500.00 - 2,500.00 - 432.81 - 297.28 17.31 - 2,067.19 670-4761-10-00 Tree Mitigation Revenue - 27,475.00 - 27,475.00 27,475.00 670-5205-10-00 Police Donation Exp 10,000.00 10,000.00 300.00 3.00 9,700.00 670-5206-10-00 Fire Dept Donation Exp 5,000.00 5,000.00 5,000.00 670-5208-10-00 Child Safety Expense 5,000.00 5,000.00 1,054.28 21.09 3,945.72 670-5212-10-00 Tree Mitigation Expense 10,000.00 10,000.00 10,000.00 670-5292-10-00 PD Seizure Expense 5,000.00 5,000.00 400.00 3,000.00 8.00 1,600.00 670-7144-10-00 Transfer Out - 20,637.35 20,637.35 680-4041-50-00 W Thoroughfare Impact Fees - 1,850,000.00 - 1,850,000.00 - 261,258.00 - 134,234.00 14.12 - 1,588,742.00 680-4610-50-00 Interest - 7,500.00 - 7,500.00 - 1,203.04 - 738.38 16.04 - 6,296.96 680-5405-50-00 Cook Lane - Land Acquisition 1,315.00 1,315.00 1,315.00 680-5489-50-00 DEVELOPER AGREEMENT REIMBURSE 1,650,000.00 - 1,650,000.00 680-5489-50-00 Developer Agrmnt TVG 1,000,000.00 1,000,000.00 1,000,000.00 680-5489-50-00 Development Agrmnt Parks/Legac 250,000.00 250,000.00 250,000.00 680-5489-50-00 Dev Agrment Star Trail 400,000.00 400,000.00 400,000.00 680-7144-50-00 Transfer to Capital Proj Fund 26,015.50 26,015.50 - 26,015.50 730-4530-10-00 Employee Contributions - 507,750.00 - 507,750.00 - 81,976.56 - 42,231.03 16.15 - 425,773.44 730-4535-10-00 Employer Contributions - 1,582,120.00 - 1,582,120.00 - 215,120.71 - 108,415.67 13.60 - 1,366,999.29 730-4540-10-00 Contractor Insurance Premium - 3,411.92 - 1,705.96 3,411.92 730-4545-10-00 Stop Loss Reimbursement - 24,885.07 - 3,741.00 24,885.07 730-4610-10-00 Interest Income - 298.01 - 220.56 298.01 730-4995-10-00 Transfer In - 99,812.47 - 99,812.47 - 99,812.47 730-5160-10-00 Health Insurance 1,859,580.00 - 43,038.00 1,816,542.00 253,731.88 126,124.79 13.97 1,562,810.12 Item 4b 46 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 730-5161-10-00 PCORI Fees 600.00 600.00 600.00 730-5162-10-00 HSA Expense 117,024.00 - 8,364.00 108,660.00 1,376.86 662.60 1.27 107,283.14 730-5165-10-00 Dental Insurance 135,665.00 85.00 135,750.00 34,192.92 11,000.00 25.19 101,557.08 730-5170-10-00 Life Insurance/AD&D 30,000.00 30,000.00 4,707.05 2,370.59 15.69 25,292.95 730-5185-10-00 Long/Short Term Disability 22,110.00 - 2,910.00 19,200.00 3,027.03 1,524.91 15.77 16,172.97 730-5480-10-00 Contract Services 68,248.00 - 3,590.00 64,658.00 4,162.35 1,802.25 6.44 60,495.65 730-5600-10-00 Special Events 15,000.00 - 9,000.00 6,000.00 6,000.00 750-4610-10-00 Interest Income - 125,000.00 - 125,000.00 - 9,311.26 - 6,007.79 7.45 - 115,688.74 750-4611-10-00 Interest-2004 Bond - 384.84 - 212.30 384.84 750-4612-10-00 Interest-2006 Bond - 526.39 - 259.71 526.39 750-4613-10-00 Interest 2008 Bond - 148.78 - 78.97 148.78 750-4616-10-00 Interest 2012 GO Bond - 200.83 - 109.60 200.83 750-4618-10-00 Interest TXDOT Contributions - 6,447.90 - 3,186.24 6,447.90 750-4995-10-00 Transfer In - 920,000.00 - 920,000.00 - 2,056,259.10 - 1,979,592.43 223.51 1,136,259.10 750-4999-10-00 Bond Proceeds - 18,535,000.00 - 18,535,000.00 - 18,535,000.00 750-5405-10-00 W Prosper Rd Land Acq Svcs 9,100.00 9,100.00 2,450.00 26.92 6,650.00 750-5405-10-00 Land Acq Svcs Prspr Trl & Coit 48,946.00 2,000.00 - 48,946.00 750-5405-10-00 Land Acq Svcs First St 26,600.00 26,600.00 2,100.00 2,100.00 14,000.00 7.90 10,500.00 750-5419-10-00 Town Hall-Multipurpose Facilit 20,324.30 20,324.30 15,629.46 4,694.84 750-5419-10-00 Prosper Trail (Kroger to Coit) 20,415.00 20,415.00 20,415.00 750-5419-10-00 First Street (DNT to Coleman) 133,461.49 133,461.49 10,150.00 133,461.49 7.61 - 10,150.00 750-5430-10-00 Legal Fees-Prosper Trail (K-C) 2,289.50 - 2,289.50 750-5430-10-00 Legal Fees-First St (DNT-Clmn) 50,387.38 50,387.38 50,387.38 750-5430-10-00 Legal Fees - Town Hall FFE 114.00 - 114.00 750-5430-10-00 Acacia Parkway Legal Fees 1,136.99 - 1,136.99 750-6160-10-00 Windsong FS Apparatus 281,088.50 281,088.50 262,981.50 18,107.00 750-6610-10-00 Town Hall-Multipurpose Facil. 200,000.00 141,251.16 341,251.16 27,701.57 23,350.00 113,549.59 8.12 200,000.00 750-6610-10-00 Decorative Monument Signs 40,077.00 40,077.00 40,077.00 750-6610-10-00 Downtown Enhancements 1,702,400.00 21,000.00 1,723,400.00 21,000.00 1,702,400.00 750-6610-10-00 West Prosper Rd Improvements 4,877,741.50 4,877,741.50 2,458.80 2,458.80 4,884,382.70 0.05 - 9,100.00 750-6610-10-00 Old Town Streets 1,000,000.00 1,000,000.00 155,000.00 845,000.00 750-6610-10-00 Town Hall Infrastructure Imprv 206,607.00 703,671.56 910,278.56 185,965.00 502,906.56 20.43 221,407.00 750-6610-10-00 Town Hall Construction 385,500.00 9,124,284.76 9,509,784.76 1,121,904.35 1,121,904.35 8,002,380.41 11.80 385,500.00 750-6610-10-00 Frontier Park North 495,090.00 2,404,300.79 2,899,390.79 1,120,415.23 1,435.00 1,283,885.56 38.64 495,090.00 750-6610-10-00 Main Street (First-Broadway) 442,067.40 442,067.40 26,132.00 389,427.40 5.91 26,508.00 750-6610-10-00 Eighth Street (Church-PISD) 260,000.00 260,000.00 260,000.00 750-6610-10-00 Field Street (First-Broadway) 250,000.00 250,000.00 250,000.00 750-6610-10-00 Parvin St (Broadway-Eighth) 126,021.00 9,020.00 135,041.00 9,020.00 9,020.00 6.68 126,021.00 750-6610-10-00 Sixth Street (Coleman-Church) 177,702.00 123,425.50 301,127.50 123,425.50 64,922.75 40.99 177,702.00 750-6610-10-00 Third Street (Church-Lane) 87,236.00 225,164.50 312,400.50 225,164.50 109,823.25 72.08 87,236.00 750-6610-10-00 Median Lights-Coit (380-First) 450,000.00 450,000.00 450,000.00 750-6610-10-00 Public Safety Complex, Ph 1 1,000,000.00 1,000,000.00 1,000,000.00 Item 4b 47 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 750-6610-10-00 Town Hall FFE 1,363,115.00 1,363,115.00 1,115.00 1,362,000.00 750-6610-10-00 Acacia Parkway 1,022,782.00 1,022,782.00 1,022,782.00 750-6610-10-00 Fifth St (Coleman-Church) 375,000.00 375,000.00 375,000.00 750-6610-10-00 Third St (Main-Coleman) 250,000.00 250,000.00 250,000.00 750-6610-10-00 Traffic Signal-Coit/Prosper Tr 220,000.00 220,000.00 214,490.00 5,510.00 750-6610-10-00 Parks and Public Works Complex 900,000.00 900,000.00 900,000.00 750-6610-10-00 Wndsng Injection Stabilization 1,630,000.00 1,630,000.00 919,955.10 710,044.90 760-4610-10-00 Interest Income - 30,000.00 - 30,000.00 - 3,697.12 - 2,195.01 12.32 - 26,302.88 760-4995-10-00 Transfers In - 292,831.37 - 292,831.37 292,831.37 760-4999-10-00 Bond Proceeds - 11,150,000.00 - 11,150,000.00 - 11,150,000.00 760-5410-10-00 Old Town Drainage Land Acq 2,050.00 - 2,050.00 760-5419-10-00 Prosper Trail EST 25,981.00 9,650.00 35,631.00 9,650.00 25,981.00 760-5419-10-00 Lower Pressure Pln 42" Trns Ln 39,286.39 39,286.39 39,286.39 760-5430-10-00 Legal Fees Old Town Drainage 1,653.82 - 1,653.82 760-6410-10-00 Water Supply Line Ph I Esment 19,415,000.00 19,415,000.00 19,415,000.00 760-6610-10-00 Lower Pressure Pln 42" Trns Ln 1,250,000.00 1,250,000.00 1,250,000.00 760-6610-10-00 BNSF Railroad PRV's 50,000.00 50,000.00 50,000.00 760-6610-10-00 Old Town Drainage 448,800.00 12,460.00 461,260.00 12,460.00 448,800.00 760-6610-10-00 Coleman Rd Drainage 279,150.00 3,350.00 282,500.00 3,350.00 279,150.00 760-6610-10-00 Old Town Drainage Land Acq 285,654.00 185,000.00 470,654.00 450,000.00 10,000.00 95.61 10,654.00 760-6610-10-00 Old Town Drainage Trunk Main 67,453.00 67,453.00 1,235.00 66,218.00 760-6610-10-00 Fishtrap Elevated Storage Tank 5,415,000.00 5,415,000.00 5,415,000.00 760-6610-10-00 Water Supply Line Phase I 9,694,479.00 9,694,479.00 9,694,479.00 760-6610-10-00 Old Town Drng-First & Main 118,985.00 153,820.00 272,805.00 140,000.00 13,820.00 51.32 118,985.00 760-6610-10-00 Old Town Regional Retention 200,000.00 - 175,000.00 25,000.00 25,000.00 760-6610-10-00 Old Town Drng - Fifth St Trunk 400,000.00 400,000.00 400,000.00 770-4610-10-00 Interest Income - 1,954.55 - 963.41 1,954.55 770-7144-10-00 Transfer to Capital Projects 5,941.08 5,941.08 - 5,941.08 771-4610-10-00 Interest Income - 2,384.25 - 754.35 2,384.25 771-7144-10-00 Transfer to Capital Projects 1,608,887.91 1,608,887.91 - 1,608,887.91 772-4610-10-00 Interest Income - 3,331.43 - 1,569.22 3,331.43 772-7144-10-00 Transfer to Capital Projects 203,020.27 203,020.27 - 203,020.27 773-4611-98-02 Interest - 2016 CO Proceeds - 950.69 - 423.86 950.69 773-7144-98-02 Transfer to CIP - 1615DR 292,831.37 292,831.37 - 292,831.37 774-4612-98-02 Interest - 2017 CO Proceeds - 1,472.48 - 742.88 1,472.48 780-4610-10-00 Interest Income - 2,005.38 - 1,012.94 2,005.38 781-4610-10-00 Interest Income - 260.13 - 144.13 260.13 800-4120-65-00 Sales Taxes - 2,047,473.00 - 2,047,473.00 - 346,975.92 - 194,615.86 16.95 - 1,700,497.08 800-4610-65-00 Interest Income - 36,000.00 - 36,000.00 - 7,470.61 - 3,743.97 20.75 - 28,529.39 800-5110-65-00 Salaries & Wages 374,333.00 374,333.00 57,855.68 28,946.84 15.46 316,477.32 800-5140-65-00 Salaries - Longevity Pay 85.00 85.00 70.00 70.00 82.35 15.00 800-5141-65-00 Salary-Incentive 20,000.00 20,000.00 20,000.00 Item 4b 48 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 800-5142-65-00 Car Allowance 14,400.00 14,400.00 2,400.00 1,200.00 16.67 12,000.00 800-5143-65-00 Cell Phone Allowance 2,580.00 2,580.00 250.00 125.00 9.69 2,330.00 800-5145-65-00 Social Security Expense 24,044.00 24,044.00 3,563.98 1,785.34 14.82 20,480.02 800-5150-65-00 Medicare Expense 5,624.00 5,624.00 833.52 417.54 14.82 4,790.48 800-5155-65-00 SUTA Expense 513.00 513.00 513.00 800-5160-65-00 Health Insurance 25,107.00 25,107.00 3,551.92 1,775.96 14.15 21,555.08 800-5165-65-00 Dental Insurance 1,382.00 1,382.00 230.28 115.14 16.66 1,151.72 800-5170-65-00 Life Insurance/AD&D 517.00 517.00 40.52 20.26 7.84 476.48 800-5175-65-00 Liability (TML)/Workers' Comp 388.00 388.00 114.62 57.41 29.54 273.38 800-5180-65-00 TMRS Expense 54,137.00 54,137.00 8,119.84 4,067.18 15.00 46,017.16 800-5185-65-00 Long/Short Term Disability 712.00 712.00 109.93 55.00 15.44 602.07 800-5186-65-00 WELLE-Wellness Prog Reimb-Empl 600.00 600.00 600.00 800-5189-65-00 Administrative Fees 15,000.00 15,000.00 2,500.00 1,250.00 16.67 12,500.00 800-5210-65-00 Office Supplies 2,500.00 2,500.00 76.99 3.08 2,423.01 800-5212-65-00 Building Supplies 500.00 500.00 500.00 800-5220-65-00 Office Equipment 25,000.00 25,000.00 138.46 69.23 0.55 24,861.54 800-5230-65-00 Dues,Fees,& Subscriptions 30,000.00 30,000.00 103.00 39.00 0.34 29,897.00 800-5240-65-00 Postage and Delivery 1,000.00 1,000.00 1,000.00 800-5265-65-00 Promotional Expense 75,000.00 75,000.00 600.00 0.80 74,400.00 800-5280-65-00 Printing and Reproduction 15,000.00 15,000.00 291.68 1.95 14,708.32 800-5305-65-00 Chapt 380 Program Grant Exp 81,177.00 81,177.00 10,205.73 5,121.95 12.57 70,971.27 800-5310-65-00 Rental Expense 47,500.00 47,500.00 8,140.60 4,070.30 17.14 39,359.40 800-5330-65-00 Copier Expense 5,500.00 5,500.00 322.98 322.98 5.87 5,177.02 800-5340-65-00 Building Repairs 500.00 500.00 500.00 800-5410-65-00 Professional Services 70,000.00 70,000.00 3,742.59 1,902.59 16,500.00 5.35 49,757.41 800-5412-65-00 Audit Fees 1,750.00 1,750.00 1,500.00 - 875.00 85.71 250.00 800-5430-65-00 Legal Fees 15,000.00 15,000.00 15,000.00 800-5480-65-00 Contracted Services 12,500.00 12,500.00 12,500.00 800-5520-65-00 Telephones 4,200.00 4,200.00 108.47 86.81 2.58 4,091.53 800-5523-65-00 Water 500.00 500.00 27.65 27.65 5.53 472.35 800-5524-65-00 Gas 400.00 400.00 32.86 18.80 8.22 367.14 800-5525-65-00 Electricity 2,100.00 2,100.00 210.64 92.92 10.03 1,889.36 800-5526-65-00 Data Network 151.96 75.98 - 151.96 800-5530-65-00 Travel 20,000.00 20,000.00 3,164.22 775.24 15.82 16,835.78 800-5531-65-00 Prospect Mtgs/Business Meals 6,000.00 6,000.00 179.19 62.14 2.99 5,820.81 800-5533-65-00 Mileage Expense 500.00 500.00 30.71 6.14 469.29 800-5536-65-00 Training/Seminars 15,000.00 15,000.00 15,000.00 Item 4b To: Mayor and Town Council From: Kelly Neal, CGFO, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 13, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Contract for Services between Gila LLC, dba Municipal Services Bureau (MSB), and the Town of Prosper, Texas, related to merchant card services. Description of Agenda Item: The Town requested proposals (RFP No. 2018-01-A) from eligible credit card processing companies to provide merchant card services. The Town received six responses by the due date and time. Respondents were required to submit information, in order to facilitate evaluation based on the following criteria: 1. Price; 2. Financial Capability; 3. Technical Compliance; and 4. Relevant Experience. The evaluation committee was comprised of four staff members representing the Finance Department, and the Information Technology Department. The evaluation committee scored each submittal in accordance with the evaluation criteria as stated above, to determine the total points for each provider. The evaluation committee conducted interviews of the top two firms. After completion of the evaluations and interviews, it is the recommendation of staff to award the contract to MSB, the best value proposal. The initial term of the contract will be one year, with four optional one-year renewal periods. MSB has more than 25 years of experience, and specializes in providing services solely to government entities. MSB works with more than 1,000 government entities, and processes over $978 million in transactions annually. MSB offers multiple payment channels, provides extended customer service hours, and is Payment Card Industry Data Security Standard (PCI DSS) compliant. MSB owns their own processing platform that interfaces with the Town’s financial system, and they do not use third parties for any segment of the card processing services. Prosper is a place where everyone matters. FINANCE Item 4c Budget Impact: While there is no direct budget impact to the Town, customers will see a decrease in merchant processing fees. Current fees are 3% to Utility Billing customers, and 4% to customers of all other Town departments. The new standardized fee will be 2.19% across all Town departments as they are phased onto the new processors system. The Ordinance will be updated with the new fees in approximately eight weeks when the phasing of departments begins. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Contract for Services as to form and legality. Attached Documents: 1. Evaluation Summary 2. Contract for Services Town Staff Recommendation: Town staff recommends authorizing the Town Manager to execute a Contract for Services between Gila LLC, dba Municipal Services Bureau (MSB), and the Town of Prosper, Texas, related to merchant card services. Proposed Motion: I move to authorize the Town Manager to execute a Contract for Services between Gila LLC, dba Municipal Services Bureau (MSB), and the Town of Prosper, Texas, related to merchant card services. Item 4c RFP No. 2018-01-AEVALUATION MATRIX - STEP 1 TECHNICAL COMPLIANCEEvaluation CriteriaWeighting POINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREFinancial Capability10%2.00 0.20 5.33 0.53 2.67 0.27 4.67 0.47 1.67 0.17 2.67 0.27Tehnical Compliance30%7.00 2.10 3.00 0.90 3.00 0.90 8.00 2.40 10.00 3.00 1.00 0.30Relevant Experience25%3.00 0.75 4.67 1.17 0.67 0.17 7.67 1.92 6.33 1.58 0.33 0.08TOTAL65%3.052.601.334.784.750.65*Does not meet minimum technical requirementsEVALUATION MATRIX - STEP 2 COST PROPOSALS                                                                                                      Evaluation CriteriaWeighting POINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREFinancial Capability10%2.00 0.20 4.67 0.47 1.67 0.17Tehnical Compliance30%7.00 2.10 8.00 2.40 10.00 3.00Relevant Experience25%3.00 0.75 7.67 1.92 6.33 1.58Price35%8.76 3.07 10.00 3.50 9.78 3.42TOTAL100%6.128.288.17INTERVIEW RANKINGSRanking OrderGila LLC, dba Municipal Services Bureau Paymentus Corporation 12Paymentus Corporation (Customer Pays Fee)Alacriti Payments LLC (Customer Pays Fee)Paymentus CorporationGila LLC, dba Municipal Services Bureau (Customer Pays Fee)TSYSGila LLC, dba Municipal Services BureauMerchant Card ServicesAlacriti Payments LLC Certified Payments Focus Merchant Services, LLCItem 4c Item 4c Item 4c Item 4c Item 4c Item 4c Item 4c Item 4c Item 4c Item 4c Item 4c Item 4c Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, CGFO, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – February 13, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Contract for Fines and Fees Collection Services between Linebarger Goggan Blair & Sampson, LLP, and the Town of Prosper, Texas, related to Municipal Court collection services. Description of Agenda Item: The Town requested proposals (RFP No. 2018-02-A) from firms that provide Municipal Court collection services, for the collection of delinquent fines, court costs and fees. The Town received four responses by the due date and time. Respondents were required to submit information, in order to facilitate evaluation based on the following criteria: 1. Fee; 2.Collection Performance History; 3. References; 4. Experience; and 5. Qualifications. The evaluation committee was comprised of three staff members representing the Municipal Court and Finance Department. The evaluation committee scored each submittal in accordance with the evaluation criteria as stated above, to determine the total points for each provider. After completion of the evaluations, it is the recommendation of staff to award the contract to Linebarger Goggan Blair & Sampson, LLP, the best value proposal. The initial term of the contract will be one year, and will automatically renew for one-year periods, until terminated with 60 days written notice. Linebarger Goggan Blair & Sampson has been providing delinquent tax collection services to the Town for over 27 years, and has collected over $1.9 million on the Town’s behalf. They currently provide Municipal Court collection services for approximately 430 court clients nationwide, and 249 court clients in Texas, including the cities of DeSoto, Irving, and Grapevine, to name a few. They offer a comprehensive network and physical security system, and software integration with the Municipal Court’s current software. Set-up and programming are included at no cost, and will support future increased encryption for communication and data transfer. Prosper is a place where everyone matters. FINANCE Item 4d Page 2 of 2 Budget Impact: Town of Prosper agrees in the contract for compensation for services of thirty percent (30%) of the total amount of all fines and fees and twenty-five percent (25%) of the total amount of fines and fees associates with parking violations/citations. Linebarger Goggan Blair & Sampson, LLP, will be paid by the twentieth day of the month for all compensation earned by the firm for the previous month’s collections. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Contract for Fines and Fees Collection Services as to form and legality. Attached Documents: 1.Evaluation Summary 2.Contract for Fines and Fees Collection Services Town Staff Recommendation: Town staff recommends authorizing the Town Manager to execute a Contract for Fines and Fees Collection Services between Linebarger Goggan Blair & Sampson, LLP, and the Town of Prosper, Texas, related to Municipal Court collection services. Proposed Motion: I move to authorize the Town Manager to execute a Contract for Fines and Fees Collection Services between Linebarger Goggan Blair & Sampson, LLP, and the Town of Prosper, Texas, related to Municipal Court collection services. Item 4d RFP No. 2018-02-AEVALUATION MATRIX Evaluation CriteriaWeighting POINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREPOINTS WEIGHTED SCOREFee5%8.00 0.40 8.00 0.40 10.00 0.50 10.00 0.50Collection Performance History30%3.67 1.10 6.33 1.90 5.67 1.70 5.00 1.50References10%4.33 0.43 5.67 0.57 5.67 0.57 6.67 0.67Experience30%4.33 1.30 8.00 2.40 7.33 2.20 7.33 2.20Qualifications20%3.67 0.73 9.00 1.80 8.00 1.60 6.67 1.33Technical5%3.000.15 9.00 0.45 7.00 0.35 7.33 0.37TOTAL 100% 4.12 7.52 6.92 6.57Perdue, Brandon, Fielder, Collins & Mott, LLPMunicipal Court Collection Services Graves, Humphries, Stahl, Ltd.Linebarger Goggan Blair & Sampson, LLPMcCreary, Veselka, Bragg & Allen, P.C.Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Item 4d Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, CGFO, Finance Director Through: Harlan Jefferson, Town Manager Date: Town Council Meeting - January 23, 2018 Agenda Item: Consider and act upon a resolution 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. Description of Agenda Item: In March 2006, the Prosper Town Council adopted an Investment Policy for the Town and PEDC. This policy was last reviewed, revised, and adopted with changes in January 2017. The last revision included a thorough review of recommended best practices checklists to evaluate the requirements of the Public Fund Investment Act (PFIA) along with the passage of HB 870 and HB 1148 in the 2015 legislative session. Since then, the Investment Policy has received Certification from the Government Treasurer’s Organization of Texas for a two-year period ending February 28, 2019. Under Section 2256.05(e) of the Texas Public Funds Investments Act, contained in Chapter 2256 of the Texas Government Code, the governing body of the investing entity shall review its investment policy and investment strategies and shall adopt by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies annually and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. The Town of Prosper Investment Policy is included as an attachment with no changes since the last revision in January 2017. As noted above, the Investment Policy is to reflect the recommended best practices, PFIA checklist requirements, legislative changes, and the designation of investment officers for PEDC. Under the Public Funds Investment Act, investment officers must attend at least eight hours of instruction relating to the treasurer's or officer's responsibilities not less than once in a two-year period. Currently, the Finance Director and Accounting Manager are designated for the Town. Additionally, the PEDC Investment Policy currently calls for the PEDC Treasurer and the Finance Director to serve as investment officers. Vetting of Banks/Brokers: Section 2256.005(k) of the Texas Public Funds Investment Act, contained in Chapter 2256 of the Texas Government Code, requires broker/dealers to acknowledge receipt of the entity’s Prosper is a place where everyone matters. FINANCE Item 4e Page 2 of 2 investment policy, and the Town will require additional information in order for a bank/broker dealer to qualify to be on the approved list. The investment policy states the governing body or the Investment Officers acting as the “Investment Committee” shall, at least annually, review, revise and adopt a list of qualified broker/dealers and financial institutions that are authorized to engage in investment transactions with the Town and PEDC. The investment policy has identified the qualifying items to be on the approved list as follows: • Eligibility • Documentation Requirements • Competitive Bids Attached is the list of vetted broker/dealers and financial institutions that have qualified to be on the approved list. The Town and PEDC used this list last year for investments and have no recommended changes to the list. Legal Obligations and Review: Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Resolution for Investment Policy and Investment Strategy 2. Matrix of qualified brokers/dealers and financial institutions Town Staff Recommendation: Town staff recommends approval of a resolution approving the Town of Prosper and Prosper EDC Investment Policy and Investment Strategy, and approve 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. Proposed Motion: I move to approve a resolution approving the Town of Prosper and Prosper EDC Investment Policy and Investment Strategy, and approve 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. Item 4e TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REVIEWING, UPDATING AND ADOPTING THE TOWN OF PROSPER AND PROSPER ECONOMIC DEVELOPMENT CORPORATION INVESTMENT POLICY AND INVESTMENT STRATEGY; MAKING FINDINGS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Public Funds Investment Act (“the Act”), contained in Chapter 2256 of the Texas Government Code, as amended, provides in Section 2256.005(e) thereof that the governing body of an investing entity shall review its investment policy and investment strategies not less than annually; and WHEREAS, said section of the Act further provides that the governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies; and WHEREAS, the Act requires the written instrument so adopted shall record any changes made to either the investment policy or the investment strategies. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The Prosper Town Council hereby confirms that it has reviewed the Town of Prosper and Prosper Economic Development Corporation Investment Policy and Investment Strategy and adopts the Investment Policy dated January 23, 2018, attached hereto as Exhibit “A”. SECTION 2 This Resolution shall take effect from and after the date of its passage. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23 DAY OF JANUARY, 2018. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 4e Resolution No. 18-__, Page 2 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4e Resolution No. 18-__, Page 3 PROSPER IS A PLACE WHERE EVERYONE MATTERS TOWN OF PROSPER, TEXAS and PROSPER ECONOMIC DEVELOPMENT CORPORATION INVESTMENT POLICY JANUARY 23, 2018 Exhibit “A” Item 4e Resolution No. 18-__, Page 4 APPENDIX “B” – BANKS/BROKER DEALER QUESTIONAIRE APPENDIX “C” – RESOLUTION FOR ADOPTION OF INVESTMENT POLICY APPENDIX “D” – PUBLIC FUNDS INVESTMENT ACT INVESTMENT POLICY Table of Contents PREFACE 5 I. PURPOSE 6-7 A. FORMAL ADOPTION 6 B. SCOPE 6 C. REVIEW AND AMENDMENT 7 D. INVESTMENT STRATEGY 7 II. INVESTMENT OBJECTIVES 7-8 A. SAFETY OF PRINCIPAL 7 B. MAINTENANCE OF ADEQUATE LIQUIDITY 7 C. RISK OF LOSS 7 D. YIELD 8 III. INVESTMENT POLICIES 8-20 A. AUTHORIZED INVESTMENTS 8-13 B. PROTECTION OF PRINCIPAL 13-16 C. INVESTMENT ADVISERS AND SECURITIES DEALERS 16-18 D. RESPONSIBILITY AND CONTROL 18-20 IV. INVESTMENT STRATEGY 19-20 A. ACTIVE VS. PASSIVE STRATEGY B. OPERATING FUNDS C. CONSTRUCTION AND CAPITAL IMPROVEMENT FUNDS D. DEBT SERVICE FUNDS 21 21 21 22 APPENDIX “A” – GLOSSARY OF TERMS 23-27 Item 4e Resolution No. 18-__, Page 5 PREFACE The Town of Prosper and the Prosper Economic Development Corporation are separately chartered, governed, and operated entities. Each ENTITY adheres to its own governing documents and the Public Funds Investment Act. Each ENTITY additionally seeks to safely and effectively manage the funds under its control. To achieve those requirements, the governing body of each ENTITY has legally adopted this Investment Policy. Throughout this Investment Policy, the two entities shall be singularly referred to as “ENTITY” and collectively referred to as “PROSPER.” It is the policy of PROSPER that, giving due regard to the safety and risk of investment, all available funds shall be invested in conformance with State and Federal Regulations, applicable Bond Resolution requirements, adopted Investment Policy and adopted Investment Strategy. Effective cash management is recognized as essential to good fiscal management. A comprehensive and effective cash management system will be pursued to optimize investment interest earnings as viable and material revenue to all PROSPER funds. PROSPER’s portfolio shall be designed and managed in a manner responsive to the public trust and consistent with all Federal regulations, State of Texas statutes and other legal requirements, including the Town Charter, Town Ordinances, Articles of Incorporation, and this Policy. Item 4e Resolution No. 18-__, Page 6 I. PURPOSE A. Formal Adoption This Investment Policy is authorized by PROSPER in accordance with Chapter 2256, Texas Government Code, the Public Funds Investment Act, herein referred to as “PFIA”. B. Scope This Investment Policy applies to all of the investment activities of PROSPER. These funds are accounted for in the Town’s Comprehensive Annual Financial Report (CAFR) and include: • General Fund • Debt Service Funds • Special Revenue Funds • Capital Project Funds • Enterprise Funds • Internal Service Funds • Economic Development Corporation Funds • Any new fund created by the Town The Town of Prosper may consolidate cash balances from multiple funds to maximize investment earnings. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. This Policy establishes guidelines for: 1. Who can invest PROSPER funds, 2. How PROSPER funds will be invested, and 3. When and how a periodic review of investments will be made. In addition to this Policy, bond funds (as defined by the Internal Revenue Service) shall be managed in accordance with their issuing documentation and all applicable State and Federal Law. All investments made with PROSPER funds prior to the adoption of this Investment Policy shall be held or liquidated as determined to be in the best interest of the financial well being of PROSPER. PROSPER will also monitor changes in the credit ratings of its investments quarterly using a number of resources including rating agencies, broker/dealers or financial publications. PROSPER shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Item 4e Resolution No. 18-__, Page 7 C. Review and Amendment This Policy shall be reviewed annually by the ENTITY’s governing body. The ENTITY’s governing body shall adopt a written document stating that it has reviewed the Investment Policy. D. Investment Strategy In conjunction with the annual Policy review, the ENTITY’s governing body shall review the separate written Investment Strategy for each of PROSPER’s funds. The Investment Strategy must describe the investment objectives for each particular fund according to the following priorities: 1. Investment suitability, 2. Preservation and safety of principal, 3. Liquidity, 4. Marketability prior to maturity of each investment, 5. Diversification, and 6. Yield. II. INVESTMENT OBJECTIVES A. Safety of Principal The primary objective of all investment activity is the preservation of capital and the safety of principal in the overall portfolio. Each investment transaction shall seek to ensure first that capital losses are avoided, whether they are from securities defaults or erosion of the market value. B. Maintenance of Adequate Liquidity C. Risk of Loss The investment portfolio will remain sufficiently liquid to meet the cash flow requirements that might be reasonably anticipated. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements; investing in securities with active secondary markets; and maintaining appropriate portfolio diversification. Item 4e Resolution No. 18-__, Page 8 D. Yield All participants in the investment process will seek to act responsibly as custodians of the public trust. Investment officials will avoid any transactions that might impair public confidence in the Town’s ability to govern effectively. The governing body recognizes that in a diversified portfolio, occasional measured losses due to market volatility are inevitable, and must be considered within the context of the overall portfolio’s investment return, provided that the adequate diversification has been implemented and the terms of this policy have been followed. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of secondary importance compared to the safety and liquidity objectives described above. Core investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. III. INVESTMENT POLICIES A. Authorized Investments Investments described below are authorized by PFIA as eligible securities for PROSPER. In the event an authorized investment loses its required minimum credit rating, all prudent measures will be taken to liquidate said investment. Additionally, PROSPER is not required to liquidate investments that were authorized at the time of purchase in the event that subsequent legislation renders certain securities as no longer authorized for purchase by the Town. PROSPER’s funds governed by this Policy may be invested in: 1. Obligations of Governmental Entities (Section 2256.009). Except for the items listed in 1.e. below, the following are authorized investments for obligations of governmental agencies: a. Obligations, including letters of credit, of the United States or its agencies and instrumentalities; b. Direct obligations of the State of Texas or its agencies and instrumentalities; c. Other obligations, the principal and interest on which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, the State of Texas or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; Item 4e Resolution No. 18-__, Page 9 d. Obligations of states, agencies, counties, cities, and other political subdivisions of any State having been rated as to investment quality by a nationally recognized investment rating firm and having received a rating of not less than “A” or its equivalent; e. The following are not authorized investments for PROSPER: 1. Obligations whose payments represent the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal (Interest Only); 2. Obligations whose payments represent the principal stream of cash flow from the underlying mortgage-backed security collateral and bear no interest (Principal Only); 3. Collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and 4. Collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in the market index (Inverse Floater). 2. Financial Institution Deposits (Section 2256.010). Certificates of deposit or share certificates provided the certificate is a. Issued by a depository institution that has its main office or a branch office in Texas that is: 1. Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; or 2. Secured by obligations that are described by 1. (Obligations of Governmental Entities) above, which are intended to include all direct Federal agency or instrumentality issued mortgage backed securities, but excluding those mortgage-backed securities of the nature described in 1.e. above, that have a market value of not less than the uninsured amount of the deposit; or 3. Secured in any other manner and amount provided by the law for deposits of PROSPER. b. In addition to the authority to invest funds in certificates of deposit under Subsection “a”, an investment in certificates of deposit made in accordance with the following conditions is an authorized investment: Item 4e Resolution No. 18-__, Page 10 1. The funds are invested through: (a) a broker that has its main office or a branch office in this state and is selected from a list adopted by the investing entity as required by Section 2256.025; or (b) a depository institution that has its main office or a branch office in this state and that is selected by the investing entity; 2. The broker or the depository institution selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity; 3. The full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and 4. The investing entity appoints the depository institution selected by the investing entity under Subdivision (1), an entity described by Section 2257.041(d), or a clearing broker-dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 (17 C.F.R. Section 240.15c3-3) as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity. 3. Mutual Funds (2256.014). a. A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund: 1. Is registered with and regulated by the Securities and Exchange Commission; 2. Provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); 3. Has a dollar-weighted average stated maturity of 90 days or fewer; and 4. Includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. b. In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load utual fund is an authorized investment under this subchapter if the mutual fund: Item 4e Resolution No. 18-__, Page 11 1. Is registered with the Securities and Exchange Commission; 2. Has an average weighted maturity of less than two years; 3. Is invested exclusively in obligations approved by this subchapter; 4. Is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and 5. Conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. c. An Entity is not authorized by this section to: 1. Invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); 2. Invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or 3. Invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. 4. Local Government Investment Pools (2256.016). Eligible investment pools organized and operating in compliance with PFIA described in section 2256.016 and 2256.019 have been authorized by the Town’s governing body; and whose investment philosophy and strategy include seeking to maintain a stable net asset value of $1 per share, and are consistent with this Policy and PROSPER’s ongoing investment strategy. 5. Commercial Paper (2256.013). Commercial paper is an authorized investment under this policy if the commercial paper: a. Has a stated maturity of 270 days or fewer from the date of its issuance; and b. Is rated not less than A-1 or P-1 or an equivalent rating by at least: 1. two nationally recognized credit rating agencies; or Item 4e Resolution No. 18-__, Page 12 2. one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. 6. Repurchase Agreements (2256.011). a. A fully collateralized repurchase agreement is an authorized investment under PFIA, Subchapter A, if the repurchase agreement: 1. has a defined termination date; 2. is secured by a combination of cash and obligations described by PFIA, section 2256.009(a)(1); and 3. requires the securities being purchased by the Town to be pledged to the Town, held in the Town’s name, and deposited at the time the investment is made with the Town or with the third-party selected and approved by the Town; and 4. is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. b. In this section, “repurchase agreement” means a simultaneous agreement to buy, hold for a specific time, and sell back at a future date obligations described by Section 2256.009(a)(1), at market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse Security repurchase agreement. c. Notwithstanding any other law, the term of any reverse security repurchase a agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. d. Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. 7. Guaranteed Investment Contracts (2256.015). a. A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: 1. Has a defined termination date; Item 4e Resolution No. 18-__, Page 13 2. Is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and 3. Is pledged to the entity and deposited with the Town or with a third party selected and approved by the Town. b. Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. c. To be eligible as an authorized investment: 1. The governing body of the Town must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; 2. The Town must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; 3. The Town must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; 4. The price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and 5. The provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. B. Protection of Principal PROSPER shall seek to control the risk of loss due to failure of a security issuer or grantor. Such risk shall be controlled by investing only in the safest types of securities as defined in the Policy; by collateralization as required by law; and through portfolio diversification by maturity and type. The purchase of individual securities shall be executed “Delivery versus Payment” (DVP) through PROSPER’s Safekeeping Agent. By so doing, PROSPER’s funds are not released until PROSPER has received, through the Safekeeping Agent, the securities purchased. Item 4e Resolution No. 18-__, Page 14 1. Diversification by Investment Type Diversification by investment type shall be maintained by ensuring an active and efficient secondary market in portfolio investments and by controlling the market and opportunity risks associated with specific investment types. Bond proceeds may be invested in a single security or investment if PROSPER determines that such an investment is necessary to comply with Federal arbitrage restrictions or to facilitate arbitrage record keeping and calculation. 2. Diversification by Investment Maturity In order to minimize risk of loss due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the funds. Generally, PROSPER will not directly invest in securities maturing more than five years from the date of purchase. Maturity guidelines by fund type are discussed in Section IV, Investment Strategy. 3. Ensuring Liquidity Liquidity shall be achieved by anticipating cash flow requirements, by investing in securities with active secondary markets and by investing in eligible money market mutual funds and local government investment pools. A security may be liquidated to meet unanticipated cash requirements, to redeploy cash into other investments expected to outperform current holdings, or otherwise to adjust the portfolio. 4. Depository Agreements Consistent with the requirements of State Law, PROSPER requires all bank deposits to be federally insured or collateralized with eligible securities. Financial institutions serving as PROSPER’s Depositories will be required to sign a Depository Agreement with PROSPER and PROSPER’s safekeeping agent. The safekeeping portion of the Agreement shall define PROSPER’s rights to the collateral in case of default, bankruptcy, or closing and shall establish a perfected security interest in compliance with Federal and State regulations, including: • The Agreement must be in writing; • The Agreement has to be executed by the Depository and PROSPER contemporaneously with the acquisition of the asset; • The Agreement must be approved by the Board of Directors or the designated committee of the Depository and a copy of the meeting minutes must be delivered to PROSPER; Item 4e Resolution No. 18-__, Page 15 • The Agreement must be part of the Depository’s “official record” continuously since its execution. a. Allowable Collateral Eligible securities for collateralization of PROSPER deposits are defined by Chapter 2257, Texas Government Code, the Public Funds Collateral Act, as amended and meet the constraints of this Section III. A. 2. b. Collateral Levels The market value of pledged collateral must at all times be equal to or greater than 105% of the principal and accrued interest for PROSPER balances, less the applicable level of FDIC insurance. c. Monitoring Collateral Adequacy PROSPER shall require monthly reports of pledged securities marked to market using quotes by a recognized market pricing service quoted on the valuation date from all financial institutions with which PROSPER has collateralized deposits. The Investment Officers will monitor adequacy of collateralization levels to verify market values and total collateral positions. d. Additional Collateral If the collateral pledged for a deposit falls below adequate levels, as defined above in Section 4.b., the institution holding the deposit will be notified by the Investment Officers and will be required to pledge additional securities no later than the end of the next succeeding business day. e. Security Substitution Collateralized deposits often require substitution of securities. Any financial institution requesting substitution must contact an Investment Officer for approval and settlement. The substituted security’s value will be calculated and substitution approved if the substitution maintains a pledged value equal to or greater than the required security level. An Investment Officer must provide written notification of the decision to the bank or the safekeeping agent holding the security prior to any security release. Substitution is allowable for all transactions, but should be limited, if possible, to minimize potential administrative problems and transfer expense. The Investment Officers may limit substitution and assess appropriate fees if substitution becomes excessive or abusive. Item 4e Resolution No. 18-__, Page 16 5. Safekeeping a. Safekeeping Agreement PROSPER shall contract with a bank or banks for the safekeeping of securities either owned by PROSPER as a part of its investment portfolio or as a part of its depository agreements. b. Safekeeping of Deposit Collateral All collateral securing bank deposits must be held by a third-party custodian bank eligible under the Public Funds Collateral Act, and acceptable to and under contract with PROSPER, or by a Federal Reserve Bank. C. Investment Advisers and Securities Dealers Investment Advisers shall adhere to the spirit, philosophy and specific terms of this Policy and shall invest within the same “Standard of Care” as defined in Section E. 3. below. Securities Dealers shall avoid recommending or suggesting transactions outside that “Standard of Care.” 1. Selection of Investment Advisers The selection of Investment Advisers will be performed by the Investment Officers. The Investment Officers will establish criteria to evaluate Investment Advisers including: a. Adherence to PROSPER’s policies and strategies, b. Investment performance and transaction pricing within accepted risk constraints, c. Responsiveness to PROSPER’s request for services, information and open communication, d. Understanding of the inherent fiduciary responsibility of investing public funds, and e. Similarity in philosophy and strategy with PROSPER’s objectives. Selected Investment Advisers must be registered under the Investment Advisers Act of 1940 or with the State Securities Board. A contract with an Investment Adviser may not be for a term longer than two years and any contract, renewal or extension must be approved by Town Council. Item 4e Resolution No. 18-__, Page 17 2. Selection of Authorized Securities Dealers The ENTITY’s governing body or its Investment Officers acting as the ENTITY’s Investment Committee shall, at least annually, review, revise, and adopt a list of qualified broker/dealers and financial institutions that are authorized to engage in investment transactions with the ENTITY. a. Eligibility Authorized firms may include primary dealers or regional dealers that qualify under Securities & Exchange Commission Rule 15C3-1 (Uniform Net Capital Rule), and qualified depositories. b. Documentation Requirements Brokers/dealers and financial institutions requesting to become qualified to transact investment business with PROSPER shall be required to provide: 1. a completed Broker/Dealer Questionnaire (Appendix B) that provides information regarding creditworthiness, experience and reputation; and 2. a Certification stating the firm has received, reviewed, understood and agrees to comply with PROSPER’s investment policy. This Certification also acknowledges that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between PROSPER and the organization that are not authorized by PROSPER’s investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of PROSPER’s entire portfolio or requires an interpretation of subjective investment standards; and 3. Provide an audited financial statement for the most recent period; and 4. Proof of certification by the National Association of Securities Dealers (NASD); and 5. Proof of current registration with the State of Texas Securities Commission. PROSPER shall not enter into an investment transaction with a business organization prior to receiving the written instruments described above. c. Competitive Bids It is the policy of PROSPER to require competitive bidding will be solicited in writing, electronically, or any combo method for all individual security purchases and sales except for: transactions Item 4e Resolution No. 18-__, Page 18 with money market mutual funds and local government investment pools. D. Responsibility and Control 1. Authority to Invest The Town Manager, Finance Director, and the Accounting Manager are the “Investment Officers” of the Town of Prosper. The PEDC Treasurer and the Finance Director are the “Investment Officers” of the PEDC. The Investment Officers are authorized to deposit, withdraw, invest, transfer, execute documentation, and otherwise manage PROSPER’s funds according to this Policy. The Investment Officers may authorize one or more Investment Officers to deposit, withdraw or transfer funds out of or into an investment pool or money market mutual fund in order to meet daily operating needs of PROSPER. 2. Prudent Investment Management The designated Investment Officers shall perform their duties in accordance with the adopted Investment Policy and internal procedures. In determining whether an Investment Officer has exercised prudence with respect to an investment decision, the investment of all funds over which the Investment Officer had responsibility, rather than the prudence of a single investment shall be considered. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability. 3. Standard of Care The standard of care used by PROSPER shall be that as defined in PFIA, Section 2256.006. It states: “Investments shall be made with judgment and care, under circumstances then prevailing, that a person of prudence, discretion and intelligence would exercise in the management of the person’s own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived.” 4. Standards of Ethics The designated Investment Officers shall act as custodians of the public trust avoiding any transactions which might involve a conflict of interest, the appearance of a conflict of interest, or any activity which might otherwise discourage public confidence. Investment Officers shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. Additionally, all Investment Officers shall file with the Texas Ethics Commission and the ENTITY’s governing body a statement disclosing any personal business relationship with a business organization seeking to sell investments to PROSPER or any relationship Item 4e Resolution No. 18-__, Page 19 within the second degree by affinity or consanguinity to an individual seeking to sell investments to PROSPER. For purposes of this subsection, an Investment Officer has a personal business relationship with business organization if: a. The Investment Officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; b. Funds received by the Investment Officer from the business organization exceed 10 percent of the Investment Officer’s gross income for the previous year; or c. The Investment Officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the Investment Officer. 5. Establishment of Internal Controls PROSPER’s Investment Officers will maintain a system of internal controls over the investment activities of PROSPER. 6. Reporting Investment performance will be monitored and evaluated by the Investment Officers. The Investment Officers will provide a quarterly comprehensive report signed by all Investment Officers to the ENTITY’s governing body. This investment report shall: a. Describe in detail the investment position of PROSPER, b. Contain a summary statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: 1. beginning market value of the reporting period; 2. ending market value for the period; 3. fully accrued interest for the reporting period c. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; d. State the maturity date of each separately invested asset that has a maturity date; e. State the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and Item 4e Resolution No. 18-__, Page 20 f. State the compliance of the investment portfolio with PROSPER’s Investment Policy, strategy, and PFIA. In defining market value, sources independent of the investment provider will determine valuations and consideration will be given to GASB Statement No. 31. PROSPER, in conjunction with its annual financial audit, shall perform a compliance audit of the management controls on investments and adherence to PROSPER’s Investment Policy. If PROSPER invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposits, or money market accounts or similar accounts, the reports prepared by the Investment Officers shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the ENTITY’s governing body by that auditor. 7. Training In order to insure the quality and capability of PROSPER’s investment personnel making investment decisions, PROSPER shall provide periodic training in investments for the investment personnel through courses and seminars offered by GFOA, GFOAT, GTOT, TML, NCTCOG, ICMA, TSCPA, AICPA, or any independent source or institute of higher learning approved by the Finance Director. a. The Investment Officers shall: 1. attend at least 10 hours of training relating to the Investment Officers’ responsibilities within 12 months after taking office or assuming duties; and 2. attend an investment training session not less than once in a two-year period that begins on the first day of the Town’s fiscal year and consists of the two consecutive fiscal years after that date and receive not less than 8 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. b. Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio and compliance with PFIA. IV. INVESTMENT STRATEGY STATEMENT In order to minimize risk of loss due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the fund. Investment guidelines by fund-type are as follows: Item 4e Resolution No. 18-__, Page 21 A. Active vs. Passive Strategy Prosper intends to pursue an active vs. passive portfolio management philosophy. Active management means that the financial markets will be monitored by investment officials and investments will be purchased and sold based on the Town’s parameters for liquidity and based on market conditions. All marketable securities purchased shall have active secondary markets, unless a specific cash outflow is being matched with an investment that will be held to maturity to meet that obligation. Securities may be purchased as a new issue or in the secondary markets. Securities may be sold before they mature if market conditions present an opportunity to benefit from the trade or if changes in the market warrant the sale of securities to avoid future losses. Securities may be purchased with the intent from the beginning to sell them prior to maturity or with the expectation that the security would likely be called prior to maturity under the analyzed market scenario. Market and credit risk shall be minimized by diversification. Diversification by market sector and security types, as well as maturity, will be used to protect Prosper from credit and market risk in order to meet liquidity requirements. The portfolio will be structured to benefit from anticipated market conditions and to achieve a reasonable return. B. Operating Funds Operating funds shall have their primary objective to assure that anticipated cash outflows are matched with the adequate investment liquidity. The secondary objective is to create a portfolio structure that will experience minimal volatility during changing economic cycles. These objectives may be accomplished by purchasing high quality, short to medium term securities in a laddered (maturities coming due regularly and staggered to match cash outflows) or barbell (maturities that are placed very short term and maturities that are longer term, such that the average achieves cash flows and income similar to buying in the middle of those maturity spectrums) maturity structure and by diversification among market sectors. The dollar-weighted average maturity of the operating funds, based on the stated final maturity date of each security, will be calculated and limited to one year or less. C. Capital Project Funds and Special Purpose Funds Capital project funds and special purpose funds shall have as their primary objective to assure that anticipated cash outflows are matched with adequate investment liquidity. These portfolios should have liquid securities to allow for unanticipated project expenditures or accelerated project outlays due to a better than expected or changed construction schedule. The portfolios shall be invested based on cash flow estimates. The dollar-weighted average life of the portfolio should be matched to that of the duration of the liabilities. Funds invested for capital projects may be from bond proceeds that are subject to arbitrage rebate regulations. Item 4e Resolution No. 18-__, Page 22 D. Debt Service Funds Debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date which exceeds the debt service payment date. Item 4e Resolution No. 18-__, Page 23 Appendix “A” Glossary of Cash Management Terms Accretion – Common investment accounting entry in which the book value of securities purchased at a discount are gradually written up to the par value. The process has the effect of recording the discount as income over time. Accrued Interest – Interest earned, but not yet paid, on a bond. Active Management – (also called active investing) refers to a portfolio management strategy where the manager makes specific investments with the goal to time the investment based on market conditions, monitor the volatility (or risk), and allow for parameters for liquidity. This will be performed by preparing 30 day cash flows to determine the liquidity and actively bid out types of investments the Town will invest in based on the market. Awarding the bid to the highest yield while monitoring the risk. Agency – See Federal Agency. Amortization – Common investment accounting entry in which the book value of securities purchased at a premium are gradually written down to the par value. The process has the effect of recording the premium as a reduction to income over time. Arbitrage – Dealing simultaneously in the same product in two markets to take advantage of temporary price distortions at minimal risk Basis Point – A unit of measurement used in the valuation of fixed-income securities equal to 1/100 of 1 percent of yield; e.g., “1/4” of 1 percent is equal to 25 basis points. Benchmark – Index used to compare risk and performance to a managed portfolio. Bid – The indicated price at which a buyer is willing to purchase a security or commodity. Book Value – The original acquisition cost of an investment plus or minus the accrued amortization or accretion. Broker – A financial firm that brings securities buyers and sellers together in return for a fee. The term “broker” is often used interchangeably with “dealer” to refer to a seller of investment securities. Callable Bond – A bond issue in which all or part of its outstanding principal amount may be redeemed before maturity by the issuer under specified conditions. Cash Settlement – A transaction which calls for delivery and payment of securities on the same day that the transaction is initiated. Item 4e Resolution No. 18-__, Page 24 Collateralization – Process by which a borrower pledges securities, property, or other deposits for the purpose of securing the repayment of a loan and/or security. Collateralized Mortgage Obligation (CMO) – A derivative mortgage-backed security (MBS) created from pools of home mortgage loans. A single MBS is divided into multiple classes, each class containing unique risk profile and security characteristics. A number of CMO classes are expressly prohibited by Texas State law. Commercial Paper – An unsecured short-term promissory note issued by corporations, with maturities ranging from 1 to 270 days. Commercial paper must carry a minimum rating of A1/P1 in order to be eligible under the Texas Public Funds Investment Act. Constant Maturity Treasury (CMT) – A calculated average released by the Federal Reserve of all Treasury yields along a specific maturity point. This calculation is frequently used as a benchmark for conservative government portfolios. Coupon Rate – The annual rate of interest received by an investor from the issuer of certain types of fixed-income securities. Also known as the “interest rate.” Credit Risk – The risk to an investor that an issuer will default in the payment of interest and/or principal on a security. Derivative – Financial instruments whose value is derived from the movement of an underlying index or security. Dealer – A dealer, as opposed to a broker, sets as a principal in all securities transactions, buying and selling for their own account. Often times, the terms “broker” and “dealer” are used interchangeably to refer to a seller of investments securities. Delivery Versus Payment (DVP) – A type of securities transaction in which the purchaser pays for securities at the time of delivery either to the purchaser or his/her custodian. Derivative Security – Financial instrument created from, or whose value depends upon, one or more underlying assets or indices of asset values. Discount – The amount by which the par value of a security exceeds the price paid for the security. Diversification – A process of investing assets among a range of security types by sector, maturity, and quality rating. Dollar Weighted Average Maturity (WAM) – The average maturity of all the securities that comprise a portfolio weighted by the dollar value of each security. Fair Market Rate – A documented and verifiable rate of interest which approximates the average rate which could have been earned on similar investments at the time of the transaction. Item 4e Resolution No. 18-__, Page 25 Federal Agency – A debt instrument that carries a rating of AAA because it is government sponsored. Federal Deposit Insurance Corporation (FDIC) – A federal agency that insures bank deposits, currently up to $250,000 per account. Public deposits that exceed this amount must be properly collateralized with investment securities or insured through a surety bond. Financial Industry Regulatory Authority (FINRA) - the successor to the National Association of Securities Dealers, Inc. (NASD). FINRA is a private corporation that focuses on regulatory oversight of all securities firms that do business with the public; professional training, testing and licensing of registered persons; arbitration and mediation; market regulation by contract for the New York Stock Exchange, the NASDAQ Stock Market, Inc., the American Stock Exchange LLC, and the International Securities Exchange. Interest Rate – See “Coupon Rate.” Internal Controls – An internal control structure designed to ensure that the assets of the entity are protected from loss, theft, or misuse. The internal control structure is designed to provide reasonable assurance that these objectives are met. Interlocal Cooperation Act – Law permitting joint participation by local governments providing one or more government functions within the State. This law [Section 891.001 et seq. of the Texas Government Code (the “Act”)] has allowed for the creation of investment pools in Texas. Investment Advisers Act of 1940 – Law which requires all Investment Advisers to be registered with the SEC in order to protect the public from fraud. Investment Policy – A concise and clear statement of the objectives and parameters formulated by an investor or investment manager for a portfolio of investment securities. The Texas Public Funds Investment Act requires that public entities have a written and approved investment policy. Investment Pool – An entity created under the Interlocal Cooperation Act to invest public funds jointly on behalf of the entities that participate in the pool. Liquidity – A liquid investment is one that can be easily and quickly converted to cash without substantial loss of value. Investment pools and money market funds, which allow for same day withdrawal of cash, are considered extremely liquid. Local Government Investment Pool (LGIP) – An investment by local governments in which their money is pooled as a method for managing local funds. Market Risk - The risk that the value of a security will rise or decline as a result of changes in market conditions. Market Value – A security’s par amount multiplied by its market price. Item 4e Resolution No. 18-__, Page 26 Master Repurchase Agreement – A written contract covering all future transactions between the two parties to a repurchase agreement. Maturity – The date on which payment of a financial obligation is due. The final stated maturity is the date on which the issuer must retire a bond and pay the face value to the bondholder. See “Weighted Average Maturity.” Money Market Mutual Fund – Mutual funds that invest solely in money market instruments (short term debt instruments, such as Treasury bills, commercial paper, bankers’ acceptance, repos and federal funds). Mortgage-Backed Security (MBS) – Security backed by pools of home loan mortgages. Net Asset Value (NAV) – The value of a mutual fund or investment pool at the end of the business day. NAV is calculated by adding the market value of all securities in a fund or pool, deducting expenses, and dividing by the number of shares in the fund or pool. Offer – An indicated price at which market participants are willing to sell a security. Also referred to as the “Ask Price.” Par – Face value or principal value of a bond, typically $1,000 per bond. A security’s par value is multiplied by its coupon rate to determine coupon payment amount. Passive Management – Involves the creation of a portfolio allocation that is the same as a specific index to generate a return that is the same as the chosen index instead of outperforming it. Passive investing involves leaving high cash balance in banks or pools and not taking advantage of spreads in the market through other investment types. Premium – The amount by which the price paid for a security exceeds the security’s par value. Primary Government Securities Dealer (Primary Dealer) – One of 20 (as of 02/2011 ) large government securities dealers who are required to submit daily reports of market activity and monthly financial statements to the New York Federal Reserve Bank. Primary Dealers are required to continually “make a market” in Treasury securities, buying or selling when asked, thereby creating a liquid secondary market for US debt obligations. Principal – The face value or par value of a debt instrument. Also may refer to the amount of capital invested in a given security. Prudent Investor Rule – Refers to an investment principle in the Public Funds Investment Act outlining the fiduciary responsibilities of Investment Officers. Regular Way Delivery – Securities settlement that calls for delivery and payment on the third business day following the trade date (T + 3); payment on a T + 1 basis is currently under consideration. Mutual funds are settled on a same day basis; government securities are settled on the next business day. Item 4e Resolution No. 18-__, Page 27 Repurchase Agreement (repo or RP) – An agreement of one party to sell securities at a specified price to a second party and a simultaneous agreement of the first party to repurchase the securities at a specified price or at a specified later date. Reverse Repurchase Agreement (Reverse Repo) – An agreement of one party to purchase securities at a specified price from a second party and a simultaneous agreement by the first party to resell the securities at a specified price to the second party on demand or at a specified date. Safekeeping – Holding of assets (e.g., securities) by a financial institution. Total Return – The sum of all investment income plus changes in the capital value of the portfolio. For mutual funds, return on an investment is composed of share price appreciation plus any realized dividends or capital gains. This is calculated by taking the following components during a certain time period: (Price Appreciation) + (Dividends Paid) + (Capital Gains) = (Total Return). Treasury Bills – Short term U.S. government non-interest bearing debt securities with maturities of no longer than one year and issued with a minimum purchase of $100. Bills pay interest only at maturity. The interest is equal to the face value minus the purchase price. Auctions of four week, 13 week and 26 week bills are every week, while auctions of 52 week bills are done every four weeks. The yields on these bills are monitored closely in the money markets for signs of interest rate trends. Treasury Notes – Intermediate U.S. government debt securities with maturities of one to 10 years and issued with a minimum purchase of $100. Treasury notes, or T-notes, are issued in terms of 2, 3, 5, 7, and 10 years, and pay interest every six months until they mature. Uniform Net Capital Rule – SEC Rule 15C3-1 outlining capital requirements for brokers/dealers. Volatility – A degree of fluctuation in the price and valuation of securities. Yield – The current rate of return on an investment security generally expressed as a percentage of the security’s face value. Yield-to-Call (YTC) – The rate of return an investor earns from a bond assuming the bond is redeemed (called) prior to its nominal maturity date. Yield Curve – A graphic representation that depicts the relationship at a given point in time between yields and maturity for bonds that are identical in every way except maturity. A normal yield curve may be alternatively referred to as a positive yield curve. Yield-to-Maturity – The rate of return yielded by a debt security held to maturity when both interest payments and the investor’s potential capital gain or loss are included in the calculation of return. Zero-coupon Securities – Security that is issued at a discount and makes no periodic interest payments. The rate of return consist of a gradual accretion of the principal of the security and is payable at par upon maturity. Item 4e Matrix of Qualified Brokers/Dealers and Financial Institutions Question Oppenheimer & Co., Inc.First United Bank Cantor Fitzgerald & Co. 225 S. 5th St.1000 Town Center, Ste. 2300 6105 W. Park Blvd.920 Memorial City Way, 11th Fl 845 Crossover Lane, Ste. 150 50 S. 6th St., Ste. 1300 100 Passaic Avenue 6401 South Custer Rd 110 East 59th Street, 4th Floor Waco, TX 76702 Southfield, MI 48075 Plano, TX 75093 Houston, TX 77024 Memphis, TN 38117 Minneapolis, MN 55402 Fairfield, NJ 07004 McKinney, TX 75070 New York, NY 10022 Phone (254) 759-3765 (800) 967-9045 (972) 378-7326 (713) 435-4351 (901) 435-8080 (612) 337-2700 (800) 362-9876 (972) 569-2004 (212) 938-5000 Account Representative Randall Chenot Damien Grant Nicole Gilbert Zachery Brewer Rod Turner Paul Sullivan Samuel Vaughan Donald "DJ" Jones Gilbert Ramon Texas Office Yes YES YES YES YES YES YES YES YES Nature of Office Brokerage Brokerage Branch Broker-Dealer Branch Branch Primary Dealer status with Federal Reserve NO NO NO NO NO NO NO NO YES Registered with FINRA YES YES YES YES NO YES YES YES YES CRD # 13037 CRD # 22098 CRD # 17530 CRD # 37090 Bank dealer regulated by OCC CRD # 1047426 CRD # 4126166 CRD # didn't provide #CRD # 2135146 Read Prosper's Investment Policy YES YES YES YES YES YES YES YES YES SIPC Insurance Coverage YES YES YES YES YES YES YES N/A YES Buy/Sell Securities?NO YES YES YES NO YES NO N/A YES YES YES YES YES NO YES YES YES YES 30 years 27 years 11 years 18 years Bank dealer 33 years 30 years 33 years Firm: 25 years Ramon: less than one year N/A N/A N/A Austin, Dallas, Ft. Worth,8717 Ken Aaron Ct.Austin, Dallas and Houston Houston and The Woodlands Austin, TX 78717 offices Dallas ISD, Ft Worth ISD, Allen ISD, Sherman EDC Fixed Income Securities, CDsFDIC Insured products Trades in both principle and agency capacity City of McKinney, City of Grand Priarie, City of Carrollton Directly comparable public sector clinets 5949 Sherry Lane, Ste. 810 Dallas, TX 75225 Name of Firm Address Market Sector specialization Multi-Bank Securities, Inc. [MBS]Investors Brokerage of Texas BOK Financial Services Coastal Securities FN Financial Capital Markets Other Office Address - Texas 325 N St. Paul St. Ste. 3107 Dallas, TX City of Farmers Branch, Ft. Worth ISD, Austin College Fixed Income Securities, MUNIs, and SBA Loans & PoolsMUNIs, Mortgage Backed Rep Registered with Texas State Securities Branch US Treasuries, Agencies, Bonds, MM funds, CDO/CBO/CLO City of Farmers Branch, City of Colleyville Responses & Notes County of Tarrant, TX; City of Weatherford, OK; City of Huntsville, TX Retail Broker Retail Didn’t provide any Wealth Management, Institutional , Public Finance Fixed Income: US Gov't & Agencies, Municpal Bonds, Commercial Paper and CDs Harris County, TX; Port Authority of Houston, TX; Collin County, TX Financial Northeastern Securities US Agencies Dallas County Treasurer, City of Houston, City of Austin US Tresuries, Agencies, Texas State Bonds, Muni Bonds, Negotiable CDs. City of Bastrop, City of Jacksonville, Town of Trophy Club, City of Palestine Item 4e Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 23, 2018 Agenda Item: Consider and act upon 1) approving a Voluntary Cooperation Agreement by and between the City of Frisco, Texas Department of Transportation, and the Town of Prosper for the operation and maintenance of traffic signals at US 380 at La Cima and US 380 at Lovers Lane, and 2) adopting a resolution authorizing the Town Manager to execute the same. Description of Agenda Item: On August 11, 2009, the Town Council approved a Voluntary Cooperation Agreement to allow the City of Frisco to operate and maintain the traffic signal at the intersection of US 380 at La Cima. The traffic signal at the intersection of US 380 and La Cima currently serves only the Town of Prosper and would normally be operated and maintained by TxDOT. However, under the existing City of Frisco master agreement with TxDOT, the City of Frisco currently operates and maintains the traffic signals that provide service to both the Town of Prosper and the City of Frisco along US 380 from FM 423 to Coit Road, and TxDOT pays Frisco an annual operation and maintenance fee. W ith the installation of the traffic signal at the intersection of US 380 at Lovers Lane, the Voluntary Cooperation Agreement needs to be revised to include this intersection. The public will benefit because one agency is controlling all of the signalized intersections along the roadway. By having one agency control the signals, it is easier to provide traffic signal progression. Another benefit of having the City of Frisco operate and maintain these intersections is the reduced response time to repair the signals in the case of a malfunction. If the signals were to be maintained by TxDOT, signal crews would respond from the Dallas District office in Mesquite. Budget Impact: The City of Frisco will be responsible for operating and maintaining the traffic signals at US 380 at La Cima, and at US 380 at Lovers Lane. This agreement will allow for TxDOT to pay the City of Frisco $6,261.00 per year per location for regular operation and maintenance. In the event of damage due to a knockdown, accident, or an act of God, TxDOT will reimburse the City of Frisco for the cost of the emergency repairs. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard TxDOT agreement as to form and legality. Prosper is a place where everyone matters. ENGINEERING Item 4f Page 2 of 2 Attached Documents: 1. Voluntary Cooperative Agreement 2. Resolution Town Staff Recommendation: Town staff recommends that the Town Council 1) approve a Voluntary Cooperation Agreement by and between the City of Frisco, Texas Department of Transportation, and the Town of Prosper for the operation and maintenance of traffic signals at US 380 at La Cima and US 380 at Lovers Lane, and 2) adopt a resolution authorizing the Town Manager to execute the same. Proposed Motion: I move to approve the Voluntary Cooperation Agreement by and between the City of Frisco, Texas Department of Transportation, and the Town of Prosper for the operation and maintenance of traffic signals at US 380 at La Cima and US 380 at Lovers Lane, and adopt a resolution authorizing the Town Manager to execute the same. Item 4f TOWN OF PROSPER, TEXAS RESOLUTION NO. 18 -__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO EXECUTE A VOLUNTARY COOPERATION AGREEMENT BY AND BETWEEN THE CITY OF FRISCO, TEXAS DEPARTMENT OF TRANSPORTATION, AND THE TOWN OF PROSPER FOR THE OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS AT US 380 AT LA CIMA AND US 380 AT LOVERS LANE NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: SECTION 1 The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a Voluntary Cooperation Agreement by and between the City of Frisco, Texas Department of Transportation, and the Town of Prosper for the operation and maintenance of traffic signals at US 380 at La Cima and US 380 at Lovers Lane, as hereto attached. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23RD DAY OF JANUARY 2018. APPROVED: _______________________ Ray Smith, Mayor ATTEST: ________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Item 4f Page 1 of 2 On To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 23, 2018 Agenda Item: Conduct a Public Hearing and consider and act upon a request for a Variance to the Sign Ordinance, regarding Temporary Signage, for Longo Toyota, located on the northwest corner of US 380 and Mahard Parkway. (V18-0001). Description of Agenda Item: Longo Toyota opened for business in November of 2017. Longo is supposed to have direct access from US 380 and via Mahard Parkway. US 380 is under construction from Lovers Lane to the Denton County line with an estimated completion date of Fall 2018. Longo’s primary direct access driveway on US 380 is currently closed due to the construction. The latest estimate for completion of the paving adjacent to Longo is the end of February. As noted in the applicant’s request letter, to assist drivers with locating the single entrance into the business, the applicant has requested two (2) temporary wood framed signs along US 380. The Sign Ordinance currently prohibits wood frame signage following the issuance of a Certificate of Occupancy and limits signs to a maximum of 96 square feet. The applicant is proposing the signage remain until March 15, 2018, a couple weeks following the expected substantial completion date of the driveway into Toyota along US 380. The proposed signs are approximately 96 square feet in area with metal framing and are located on the southeast and southwest corners of the property. The Sign Ordinance contains five criteria to be considered in determining the validity of a sign variance request. The applicant has provided a response letter addressing these criteria. 1.The literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant; 2.The proposed sign shall not adversely impact and will be wholly compatible with the use and permitted development of the adjacent property (visibility, size, etc.); 3.The proposed sign shall be of a unique design or configuration; Prosper is a place where everyone matters. PLANNING Item 6 Page 2 of 2 4. The special exception is needed due to a hardship caused by restricted area, shape, topography, or physical features that are unique to the property or structure on which the proposed sign would be erected, and such hardship is not self imposed; and 5. The special exception will substantially improve the public convenience and welfare and does not violate the intent of this Ordinance. Staff’s believes that this request is in harmony with the intent of the Sign Ordinance and is reasonable given the current construction along US 380, an ultimate six-lane divided highway, and that the criteria for variance approval has been satisfied. Legal Obligations and Review: Notification was provided to neighboring property owners as required by the Sign Ordinance. Staff has not received any Public Hearing Notice Reply Forms. Attached Documents: 1. Location map 2. Sign Variance exhibits 3. Request letter Staff Recommendation: Staff recommends the Town Council approve the Variance, subject to removal of the temporary signs following substantial completion of driveway into Toyota along US 380, no later than March 15, 2018. Proposed Motion: I move to approve a Variance to the Sign Ordinance, regarding Temporary Signage, for Longo Toyota, located on the northwest corner of US 380 and Mahard Parkway, subject to removal of the temporary signs following substantial completion of driveway into Toyota along US 380, no later than March 15, 2018. Item 6 UNIVERSITY DR CR 26 PRAIRIE DR MAHARD PKWYBOTTLEBR U S H D R DAYFLOWER DR V18-0001 ±0 230 460 690115Feet Item 6 BBBBBBBBBBBAAAAAABBBBBBBBBBBBBBBBBBBBBBBBBBBBA00.32 7 A00.32 1 SHOWROOM 46,105 SQ. FT A00.31 4 SIDE YARD / LANDSCAPE EASMENTDETENTION, REF. CIVIL DOCUMENTS 4'-0" HIGH ORNAMENTAL IRON FENCE 4'-0" HIGH ORNAMENTAL IRON FENCE 20' - 0"18' - 0"24' - 0"10' - 8"99' - 0"99' - 0"9' - 0"90' - 0"20' - 0"72' - 0" 9' - 0"72' - 0"20' - 0"9' - 10"20' - 0"82' - 6"76' - 6"6' - 0"54' - 0" 7 SPA. @ 9'-0" = 63'-0" 20' - 0" 6 SPA. @ 9'-0" = 54'-0" 20' - 0" 5' - 10" 20' - 0" 24' - 2" 20' - 0" 20' - 0" 24' - 0" 20' - 0"20' - 0"20' - 0"25' - 0"20' - 0"20' - 0"26' - 10"20' - 0"20' - 0"22' - 0"20' - 0"FRONT YARDBACK YARD / LANDSCAPE EASMENT 15' WATER LINE ESMT. WATER LINE EASEMENT LANDSCAPE EASMENTCARWASH 3,146 SQ. FT FUEL TANK 117' - 0"9' - 0"135' - 0"9' - 0"135' - 0"9' - 0"117' - 0" 90' - 0"9' - 0"99' - 0"8' - 3"90' - 0"9' - 0"45' - 0"9' - 0"117' - 0"10' - 0" 90' - 0"9' - 0"99' - 0"8' - 8" 45' - 0" 18' - 0"81' - 0"9' - 0" 45' - 0" 117' - 0"14 SPA. @ 9'-0" = 126'-0"17' - 0"54' - 0" 9' - 0" 54' - 0" 9' - 0" 54' - 0" 9' - 0" 36' - 0" 18' - 0" 24' - 0"10' - 5" 20' - 0"32' - 6" 24' - 0" 18' - 0"24' - 0" 20' - 0" 20' - 0" 33' - 0"8 SPA. @ 9'-0" = 81'-0"9' - 0" 7 SPA. @ 9'-0" = 63'-0"135' - 0"29' - 2"13' - 0"135' - 0"18' - 0"135' - 0"126' - 0"18' - 0"108' - 0"108' - 0"117' - 0"9' - 0"126' - 0"12 SPA. @ 9'-0" = 108'-0"63' - 0"117' - 0" 54' - 0" 45' - 0"34' - 0"39' - 8"MAYHARD PARKWAYWEST UNIVERSITY DRIVE99' - 0"18' - 0"9' - 0"R 70' - 0"16' - 5"50' - 9" 2' - 0" 50' - 9" 45' - 0"37' - 9"45' - 0"45' - 0" 9' - 0" 16' - 5"3' - 0" 76' - 6" 3' - 0" 43' - 6"51' - 0"35' - 10"36' - 1" 10' - 0"99' - 0"28' - 0"29' - 6"40' - 0"25' - 0"40' - 0"20' - 0" 20' - 0"20' - 0"20' - 0"20' - 0"22' - 0"15' - 9"20' - 0" 20' - 0"27' - 0"13' - 6"63' - 0"63' - 0"63' - 0"9' - 0"94' - 6"99' - 0"6' - 0" 58' - 6"63' - 0"63' - 0"56' - 3"24' - 0"20' - 0"13' - 0"14' - 10"19' - 0"29' - 9"29' - 6"3' - 0" 28' - 0" 37' - 7"45' - 10"40' - 0"20' - 0"25' - 0"10' - 6"63' - 0"18' - 0" 90' - 0" 13' - 0"25' - 0"20' - 0"20' - 0"24' - 0"20' - 0"20' - 0"24' - 0"24' - 0" 13' - 0" 13' - 0" 24' - 0"20' - 0" 24' - 0"20' - 0" 20' - 0"24' - 0"19' - 0"2' - 0"19' - 0"20' - 0"24' - 0"24' - 0"24' - 0"20' - 0"8' - 0"20' - 0"11 SPA . @ 9'-0" = 9 9'-0 "9 ' - 0 "8 S P A . @ 9 '-0 " = 7 2 '-0 " 15' - 0"15' - 0"20' - 0"30' - 0"24' - 0"33' - 0"8 DEDICATED FUEL EFFICIENT SPACES 28' - 8"45' - 0" 30' R 30' R (2) TWO POINT 'FLAT PANEL' BIKE RACKS 30' RREF. LANDSCAPE PLANREF. LANDSCAPE PLAN 9' - 0"9 ' - 0 "45' - 0"A00.34 6 R 32' - 0" R 32' - 0" R 3 2' - 0" 24' - 0"20' - 0" 53' - 6"28' - 0"53' - 0"20' - 0"43' - 6"20' - 0"40' - 6"77' - 0" 126' - 6"104' - 0"2' - 0"9' - 0"20' - 0"R 2 0 ' - 0 "63' - 8"A00.30 4A00.30 3 A00.30 2 A00.30 146' - 10"A00.32 11TRASH RECYCLE 30' - 0" A00.33 7 TRANSFORMER 47' - 8"12' - 7"4' - 5"A00.34 1 27' - 0"10' - 5"34' - 0" RECLAIM WATER STORAGE TANK 30' - 3"19' - 0"1' - 10"R 15' - 0" R 8' - 0" 8' R 8' R8' R 8' R 8' R 8' R 8' R 8' R 8' R 24' - 0"8' R R 8 ' - 0 "8' R 8' R 8' R 8' R 8' R 8' R 8' R 8' R 8' R 30' R 30' R 8' R 30' R 8' R 8' R 8' R 8' RR 37' - 0"8' R 8' R 8' R 8' R 8' R 15' - 0" 8' R 8' R 8' R 8' R 8' R 10' R 10' R 10' R 8' R 8' R 8' R 8' R 8' R 8' R 30' - 0" 30' - 0" 8' R PROPOSED WINDMILL LOCATION 7,110 SQ. FT UNDER COVER 3,453 SQ. FT UNDER COVER 1,300 SQ. FT UNDER CANOPY 2,518 SQ. FT UNDER CANOPY PROPOSED 5 FT. WIDE SIDEWALK BRAND SIGNAGE SHOWN FOR REFERENCE ONLY. SIGNAGE WILL BE PERMITTED UNDER A SEPARATE PERMIT. REF. MEP FOR POWER 3" CONDUIT FOR FUTURE CHARGING STATION BY OWNER FOR FUEL EFFICIENT VEHICLE. REF. MEP FH FH FH FH FH 3" CONDUIT FOR FUTURE CHARGING STATION BY OWNER FOR FUEL EFFICIENT VEHICLE. REF. MEP FOUR (4), 1" CONDUITS TO FUEL STATION. REF. MEP A00.32 6 FLAG POLE MAX 30'-0" WITH 2 FLOODLIGHTS PER POLE. REF ME 3" CONDUIT FOR FUTURE CHARGING STATION BY OWNER FOR FUEL EFFICIENT VEHICLE. REF. MEP R 30' - 0" R 3 0 ' - 0 "2' - 0"8' HIKE AND BIKE TRAILR 3 0 ' - 0 "R 30' - 0"GENERATOR TAP BOX FOR PORTABLE GENERATOR. REF. MEP. ACCESS GATE ACCESS GATE 3" CONDUIT FOR FUTURE CHARGING STATION BY OWNER FOR FUEL EFFICIENT VEHICLE. REF. MEP REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWERREF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER REF. M.E. FOR POWER 4'-0" HIGH ORNAMENTAL IRON FENCE FX3 FX3 FX4 FX4 FX4 FX4 FX4 FX4 FX4 FX4FX4 FX4 FX4 FX4 FX4 FX4 FX4 FX4 FX5 FX3 FX2 FX2 FX2 FX2 FX2 FX2 FX2 FX3 FX3 FX3 FX3 FX3 FX3 FX2 FX2 FX2 FX2 FX3 FX3 FX3 FX1 FX1 FX1 FX1 FX2 FX2 FX2 FX2 FX2 FX3 FX3 FX2 FX2 FX1 FX1 FX1 FX1 FX1 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX6 FX1 FX3 FX3 FX3 FX3 FX3 FX2FX2 FP FPFPFP 27' - 0"63' - 0"4' - 6"72' - 0" 27' - 0"63' - 0" 4' - 6"72' - 0" 72' - 0" 9' - 0" 36' - 0"9' - 0"18' - 0"72' - 0" 18' - 0"72' - 0"99' - 0"5' - 0"8' - 10"71' - 11"15' SIDEWALK EASEMENT 45' - 0"67' - 0" FX2 FX2 9' - 0"5' - 0" FX2 FX2 9' - 0"5' - 0" FX1 7' - 8"FX3 9' - 0"FX218' - 0"72' - 0"FX4 FX472' - 0"4' - 6"72' - 0"27' - 0"5' - 0"72' - 0"18' - 0"45' - 0"8' - 0"FX2 FX2 FX2 FX2 FX2 FX2 FX1 FX1 FX1 FX2 FX2 54' - 0"54' - 0"54' - 0"3' - 0"14' - 0"20' - 0" 54' - 0" 23' - 0"5' - 2"11' - 0" FX6 FX6 FX6 FX6 BRAND SIGNAGE SHOWN FOR REFERENCE ONLY. SIGNAGE WILL BE PERMITTED UNDER A SEPARATE PERMIT. REF. MEP FOR POWER FX3 FX3 FX3 72' - 0"18" PIPE RAIL FENCE 18" PIPE RAIL FENCE OPTION FOR 18" PIPE RAIL FENCE OVER EASEMENT A00.34 3 18" PIPE RAIL FENCE 18" PIPE RAIL FENCE 18" PIPE RAIL FENCE FX2 FX2 FX2 DIRECTIONAL SIGNAGE SHOWN FOR REFERENCE ONLY. SIGNAGE WILL BE PERMITTED UNDER A SEPARATE PERMIT. REF. MEP FOR POWER DIRECTIONAL SIGNAGE SHOWN FOR REFERENCE ONLY. SIGNAGE WILL BE PERMITTED UNDER A SEPARATE PERMIT. REF. MEP FOR POWER 8' - 0" 8' - 0" FX3 4' - 6"6' - 0"50' - 0" PROPOSED RAMP UP VEHICLE LANDSCAPE FEATURE PROPOSEDRAMP UP VEHICLE LANDSCAPE FEATURE 9 10 200 8040 FT Project North Gensler 5420 LBJ Freeway Suite 1100 Dallas TX 75240 Tel: 214.273.1500 Fax: 214.273.1505 © 2016 Gensler Scale Description Project Number Project Name Seal/Signature SHEET NOTES GENERAL NOTES 8150 North Central Expressway M-2100 Campbell Centre Dallas, Texas 75026 Telephone 214.739.8880 1" = 40'-0"\\gensler.ad\projects\RevitUserModels\11275\276782000_LONGO_TOYOTA_PROSPER_jose_maese@gensler.com.rvtA00.21 OVERALL SITE PLAN 27.6782.000 LONGO TOYOTA OF PROSPER LONGO TOYOTA OF PROSPER 2100 WEST UNIVERSITY DRIVE PROSPER, TX 75078 SCALE: 1" = 40'-0" SITE PLAN1 A. CONTRACTOR IS TO VERIFY LOCATION OF ALL UTILITIES PRIOR TO THE START OF CONSTRUCTION. B. CONTRACTOR TO RELOCATE ANY EXISTING FACILITIES IN THE PUBLIC RIGHT-OF-WAY THAT ARE REQUIRED TO BE RELOCATED TO ACCOMODATE DECELERATION LANE AND PUBLIC SIDEWALK IMPROVEMENTS. C. FIRE LANES AND FIRE LANE STRIPING SHALL BE DESIGNED AND CONSTRUCTED (PER CITY OF PROSPER STANDARDS) AS INDICATED ON CIVIL DOCUMENTS. D. ALL GATES CROSSING THE FIRE LANE WILL HAVE THE KNOX RAPID ENTRY SYSTEM INSTALLED ON THE GATE. THIS WILL INCLUDE A KNOX KEY SWITCH AND AN EMERGENCY RELEASE MECHANISM. ALL GATES ACROSS FIRE LANES REQUIRE FIRE DEPARTMENT APPROVAL. E. ALL CURB DIMENSIONS ARE TO THE FACE OF CURB, UNLESS NOTED OTHERWISE. F. ALL UNDIMENSIONED CURB RADIUS ARE 2'-0". G. ALL UNDIMENSIONED SIDEWALKS ARE 5'-0" WIDE UNLESS INDICATED OTHERWISE. SIDEWALKS SHALL BE PROVIDED AT THE PROPERTY LINE WITHIN THE RIGHTS OF WAY UNLESS INDICATED OTHERWISE. BARRIER FREE RAMPS, PER CITY STANDARDS SHALL BE PROVIDED ON SIDEWALKS AT ALL CURB CROSSINGS IN THE RIGHTS OF WAY. G. ALL PARKING STRIPING IS TO BE 4" WIDE WHITE 'TRAFFIC' PAINT. STRIPES ARE TO BE 24" MAX. O.C. AT ACCESSIBLE DESIGNATIONS. H. ALL OUTDOOR LIGHTING SHALL COMPLY WITH THE ILLUMINATION STANDARDS I. REFER TO SEPARATE LANDSCAPING PLANS FOR LANDSCAPE AND IRRIGATION DESIGN. J. AT ALL TIMES DURING CONSTRUCTION, CONTRACTOR TO MAINTAIN A CLEAR AND UNOBSTRUCTED ACCESS 'FIRE LANE' ROAD AS REQUIRED BY THE FIRE MARSHALL'S OFFICE. THIS MAY BE A TEMPORARY TYPE ROAD WITH PRIOR CITY APPROVAL. K. FIRE HYDRANTS SHALL BE INSTALLED AND OPERABLE PRIOR TO ANY VERTICAL TYPE OF CONSTRUCTION PER FIRE MARSHALL'S OFFICE. SITE DATA SUMMARY PROPOSED USE: TOYOTA AUTOMOBILE DEALERSHIP ZONING: CC PD-43 WITH SUP TOTAL LOT SIZE: 15.121 ACRES (658,690 SF) SALES BUILDING PAD SQUARE FOOTAGE: 46,105 SF CAR WASH BUILDING GROSS SQUARE FOOTAGE:3,196 SF FIRE PROTECTION: FULLY SPRINKLERED PARKING SUMMARY TOTAL PARKING ILLUSTRATED PER TOYOTA MOTOR SALES STANDARD STALL DIMENSIONS 9'X20': 644 INVENTORY SPACES 110 STRIPED PARKING SPACES TO INCLUDE: - 8 DEDICATED FUEL EFFICIENT PARKING SPACES - 8 DEDICATED CARPOOL/ VANPOOL PARKING SPACES - 6 HANDICAP SPACES PER CODE BIKE RACK CAPACITY REQUIRED: 5% OF 110 = 6 BIKE STORAGE PROVIDED (5 SPACES @ EA. RACK): 10 Issue # Issue Date Issue Description 1 2016.11.09 ISSUE FOR PERMIT 3 2017.02.10 ISSUE FOR CONSTRUCTION 4 2017.02.24 BULLETIN2 5 2017.03.17 BULLETIN 3 7 2017.05.31 BULLETIN 5 9 2017.08.11 BULLETIN 7 TEMPORARY IDENTIFICATION WOOD FRAME SIGN TSA IHC ECT194 9 6 OF AD T A TS RETS IGERE E T E E RICKD E L ANG ELR X 8/11/2017 Item 6 401 S. Central Expwy - McKinney, TX 75070 (p) 469.742.0425 (f) 469.742.0505473@fastsigns.com Company: Name: Address: Phone#: Longo Toyota of Prosper Cassie Ram 469-301-0052 IMPORTANT At FASTSIGNS®, we take pride in precision, but the final examination for accuracy is your responsibility. We are happy to produce up to two free proofs with every order placed. Any proofs thereafter will be charged at $25.00 per proof and will delay the production of your order. Final examination for accuracy is your responsibility. Revisions requested after we receive your approval will result in additional charges. Once we receive final proof approval, the standard production time is 2 business days (special orders may require additional time). (1) 116”x120” MaxMetal - Single Sided - UV Matte Laminate Total: $1,326.06 - price includes tax Item 6 INTENDED TO SHOW SIGN FRAME ONLY -REPLACE WITH "NOW OPEN" & "TURN RIGHT"SIGNS SHOWN IN FASTSIGNS RENDERINGS9'-8"10'-0"Item 6 INTENDED TO SHOW SIGN FRAME ONLY -REPLACE WITH "NOW OPEN" & "TURN RIGHT"SIGNS SHOWN IN FASTSIGNS RENDERINGSItem 6 INTENDED TO SHOW SIGN FRAME ONLY -REPLACE WITH "NOW OPEN" & "TURN RIGHT"SIGNS SHOWN IN FASTSIGNS RENDERINGSItem 6 January 10, 2018 Alex Glushko, AICP, Senior Planner Town of Prosper Development Services 407 East First Street Prosper, TX 75078 Re: Sign Variance Dear Alex, Longo Toyota of Prosper is requesting a sign variance that will allow signage on each end of our property. US 380 has been under construction since out dealership has opened in November. The expansion of this project has limited access to our facility. We are the only business that does not have an entrance allowing our guests and team members to enter off of 380. The only entrance is approximately ¼ mile off our small, incomplete side entrance, Mahard Road. When heading West on 380, drivers see our small directional sign, but assume to turn at our main monument, which is blocked by construction and concrete barricades. It is very difficult to navigate through the small opening between these barricades, and can be missed very easily, not to mention, extremely dangerous. I am requesting a variance to the Sign Ordinance that will allow a larger and more visible sign, letting drivers know to turn on Mahard Road. When someone is heading East on 380, they can see our business and over 500 vehicles on the ground and the lights that are on, however, the concrete barricades are the only entrance that these drivers will see, therefore I am requesting a sign that will let these drivers know that we are open. Once they pass our building, they will still have to drive down to the Tollway and make a U-Turn, but this will let them know prior. I am requesting that both of these signs be temporarily approved, until the road work is completed for Phase 2. Based on the communication with TxDot, they are estimating completion middle of March 2018. Therefore, I am requesting signage through March 15th, 2018. We appreciate all of the Town’s support and assistance through these construction hurdles. I Thank you for your time and consideration regarding this request. If you need any other information, please feel free to call me at (469) 481-6689. Gratefully, Kara Brinley Vice President & General Manager Longo Toyota of Prosper Item 6 Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 23, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive-Through in Westfork Crossing, on 2.1± acres, located on the north side of US 380, 450± feet west of Gee Road. The property is zoned Commercial (C). (S17- 0007). 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 Commercial Undeveloped US 380 District North Commercial Undeveloped US 380 District East Commercial Convenience Store with Fuel Pumps Under Construction (RaceTrac) US 380 District South City of Frisco City of Frisco City of Frisco West Commercial Undeveloped US 380 District Requested Zoning – The purpose of this request is to allow for a restaurant with drive-through service. Exhibit B shows the proposed layout, which consists of a one-story, 14,625 square foot building with drive-through service, which has been described by the applicant as a “Jamba Juice- type” establishment. Parking and stacking are adequate based upon the areas dedicated for retail and restaurant uses. Exhibit C is a conceptual landscape plan, which depicts the location of required landscaping. The landscaping meets the minimum standards of the Town’s Zoning Ordinance. Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 3 Exhibit D shows a conceptual rendering depicting the architectural look and style of the building. The development will be required to meet the non-residential design and development standards of the Zoning Ordinance. The Zoning Ordinance contains four criteria to be considered in determining the validity of a SUP request. These criteria, as well as staff’s responses for each, are below. 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? The properties to the west, north, and east are zoned for commercial development with the property to the west and north being undeveloped and a convenience store with fuel pumps under construction to the east (RaceTrac). The property to the south, across US 380, is located within the City of Frisco. The proposed use is harmonious and compatible with the surrounding proposed uses. 2. Are the activities requested by the applicant normally associated with the requested use? The activities requested by the applicant, as shown on Exhibit B, are normally associated with a retail building and a restaurant with drive through service. 3. Is the nature of the use reasonable? The Future Land Use Plan recommends US 380 District uses for the property. The proposed use is permitted by SUP within the Commercial zoning district; therefore, the nature of the use is reasonable. 4. Has any impact on the surrounding area been mitigated? The proposed use will have minimal impact on the surrounding area. Future Land Use Plan – The Future Land Use Plan recommends US 380 District uses for the property. This request conforms to the Future Land Use Plan. Conformance to the Thoroughfare Plan – The property has direct access to US 380 and to Gee Road through cross-access via an adjacent lot. US 380 is a six-lane divided thoroughfare. The SUP exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer services are located directly adjacent to the site. Access – Access to the property is provided from US 380 and to Gee Road through cross-access via an adjacent lot. Adequate access is provided to the property. Schools – This property is located within the Prosper Independent School District (PISD). It is not anticipated that a school site will be needed on this property. Parks – The property will not be needed for a park. Environmental Considerations – There is no 100-year floodplain located on the property. Item 7 Page 3 of 3 Legal Obligations and Review: Notification was provided in the newspaper as required by state law, and Town staff has not received any comments regarding the notice. 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. SUP Exhibits A, B, C, and D Planning & Zoning Commission Recommendation: At their January 2, 2018, 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 the ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive-Through in Westfork Crossing, on 2.1± acres, located on the north side of US 380, 450± feet west of Gee Road. Proposed Motion: I move to approve the ordinance for a Specific Use Permit (SUP) for a Restaurant with Drive- Through in Westfork Crossing, on 2.1± acres, located on the north side of US 380, 450± feet west of Gee Road. Item 7 S17-0007 GEE RDUNIVERSITY DR FM 423 ±0 110 220 33055Feet Item 7 S17-0007 GEE RDUNIVERSITY DR FM 423 MPD-40CM ±0 110 220 33055Feet Item 7 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE; GRANTING A SPECIFIC USE PERMIT (SUP) FOR A RESTAURANT WITH DRIVE THROUGH, LOCATED ON A TRACT OF LAND CONSISTING OF 2.106 ACRES, MORE OR LESS, BEING A PORTION OF LOT 2, BLOCK A, WESTFORK CROSSING ADDITION, IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 1476, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS; DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has investigated and determined that the Zoning Ordinance should be amended; and WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Northwest 423/380, L.P. (“Applicant”) for a Specific Use Permit (SUP) for a restaurant with drive through, on a tract of land zoned Commercial, consisting of 2.106 acres of land, more or less, being a portion of Lot 2, Block A, Westfork Crossing Addition, in the M.E.P. & P.R.R. Survey, Abstract No. 1476, in the Town of Prosper, Denton County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and WHEREAS, the Town Council has investigated and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required to grant a Specific Use Permit (SUP) have been given in the manner and form set forth by law, Public Hearings have been held, and all other requirements of notice and completion of such 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: 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 Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows: Applicant is granted a Specific Use Permit (SUP) for a restaurant with drive through, on a tract of land zoned Commercial, consisting of 2.106 acres of land, more or less, being a portion of Lot 2, Block A, Westfork Crossing Addition, in the M.E.P. & P.R.R. Survey, Abstract No. 1476, in the Town of Prosper, Denton County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Item 7 Ordinance No. 17-__, Page 2 The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with 1) the concept plan, attached hereto as Exhibit “B”; 2) the concept landscape plan, attached hereto as Exhibit “C”; and 3) the concept elevations, attached hereto as Exhibit “D”; 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 or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each Item 7 Ordinance No. 17-__, Page 3 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 No. 05-20 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 23RD DAY OF JANUARY, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 7 Variable width R.O.W. Doc. No. 2012-93 PRDCT Zoning: C - Commercial Land Use: Convenience Store w/ Fuel Pumps FLUP: US 380 District Lot 2 Doc. No. 2017-333 PRDCT Zoning: C - Commercial Land Use: Vacant FLUP: US 380 District POINT OF BEGINNING Existing Zoning: C - Commercial Proposed Zoning: C - Commercial w/ SUP H TRO N Scale: 1" = 30' November, 2017 SEI Job No. 17-191 SURVEYOR'S CERTIFICATE METES AND BOUNDS DESCRIPTION OWNER / APPLICANT Northwest 423/380, Ltd. 7001 Preston Rd., Ste. 410 Dallas, Texas 75205 Telephone (214) 224-4644 Contact: Robert V. Dorazil LEGEND 1/2" IRON ROD WITH PLASTIC CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED IRON ROD FOUND CAPPED IRON ROD FOUND ALUMINUM MONUMENT FOUND CONTROL MONUMENT BY THIS PLAT RIGHT-OF-WAY BUILDING LINE DEED RECORDS, DENTON COUNTY, TEXAS PLAT RECORDS, DENTON COUNTY, TEXAS ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 / TBPLS No. F-10043100 Contact: Kevin Wier TOWN OF PROSPER CASE NO. S17-0007 Exhibit A WESTFORK CROSSING ADDITION BLOCK A, LOT 2 BEING 2.106 ACRES OF LAND IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 1476 TOWN OF PROSPER, DENTON COUNTY, TEXAS NOTES: LOCATION MAP 1" = 2000' PROJECT LOCATION Item 7 Variable width ROW PROJECT LOCATION EXHIBIT 'B' WESTFORK CROSSING BLOCK A, LOT 2 2.106 Acres SITUATED IN THE A. JAMISON SURVEY, ABSTRACT NO. 672 TOWN OF PROSPER, DENTON COUNTY, TEXAS Scale: 1" = 20' November, 2017 SEI Job No. 17-191 OWNER / APPLICANT Northwest 423/380 LP 7001 Preston Road, Suite 410 Dallas, Texas 75205 Telephone (214) 224-4600 Contact: Robert Dorazil ENGINEER / SURVEYOR Spiars Engineering, Inc. TBPE No. F-2121 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 Contact: Kevin Wier CASE No. - S17-0007 LOCATION MAP NTS Item 7 Item 7 Item 7 Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 23, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending a portion of Planned Development 40-Single Family Residential (PD-40-SF) and amend the development standards to allow for the development of an amenity center and recreational water facility, on 25.3± acres, located on the north side of Pepper Grass Lane, 1,400± feet east of Windsong Parkway. (Z17-0022). 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-40-Single Family Residential Undeveloped Medium Density Residential North Planned Development-40-Single Family Residential Undeveloped Medium Density Residential East Planned Development-40-Single Family Residential Undeveloped Medium Density Residential South Planned Development-40-Single Family Residential Single Family Residential Medium Density Residential West Planned Development-40-Single Family Residential Single Family Residential Medium Density Residential The purpose of this amendment is to modify the layout and development standards of PD-40 to facilitate the development of a proposed 25.3± acre amenity center and recreational water facility called “The Lagoon.” The proposed amendments will reduce the required twenty-five (25) foot wide landscape buffer to eight (8) feet and to reduce the required six (6) foot wide sidewalk to five (5)feet along Pepper Grass Lane for only the amenity center lot, Lot 1R, Block X, Windsong Ranch, Phases 4A and 4D. The proposed amendment requires development of the site in accordance with the conceptual layout, elevations, and landscaping. Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 3 The proposed “Lagoon” is a private amenity center and recreational water facility consisting of a 5± acre, rubber-lined body of fresh water that will offer recreational activities such as stand up paddle boarding, wind surfing, kayaking in addition to typical activities such as swimming for residents of Windsong Ranch (the facility will not be open to the general public). The Lagoon will also provide white sand beaches, sand volleyball, shade structures, and a covered pavilion. Water quality is maintained through a special filtration system rather than a chemical-based system typically used in swimming pools. During the 2017 Legislative Session, the State of Texas amended its Health and Safety Code to classify this use as an “artificial swimming lagoon” and created provisions for the health inspections of the lagoon in a manner similar to public swimming pools. The proposed amendments are necessary due to site constraints such as the existing flood plain and will only apply to this specific site and no other location within the overall Windsong Ranch development. Town staff supports this unique project and the necessary development standard amendments. Future Land Use Plan – The Future Land Use Plan recommends Medium Density Residential for the subject property. The zoning exhibit complies with the Future Land Use Plan. Thoroughfare Plan – The property has direct access to Pepper Grass Lane, a two-lane, undivided residential street. Water and Sanitary Sewer Services – Water and sanitary sewer services are directly adjacent to the property. Access and Circulation – The property has direct access to Pepper Grass Lane. 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 public park. Environmental Considerations – The 100-year floodplain on the property is shown on Exhibit A. Legal Obligations and Review: Notification was provided in the newspaper as required by state law, and Town staff has not received any comments regarding the notice. 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. Proposed Exhibits A, B, C, D, E, F, and G 3. Amending Ordinance Planning & Zoning Commission Recommendation: At their January 2, 2018 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0. Item 8 Page 3 of 3 Town Staff Recommendation: Town staff recommends that the Town Council approve the ordinance to amend a portion of Planned Development 40-Single Family Residential (PD-40-SF) and amend the development standards to allow for the development of an amenity center and recreational water facility, on 25.3± acres, located on the north side of Pepper Grass Lane, 1,400± feet east of Windsong Parkway. Proposed Motion: I move to approve an ordinance to amend a portion of Planned Development 40-Single Family Residential (PD-40-SF) and amend the development standards to allow for the development of an amenity center and recreational water facility, on 25.3± acres, located on the north side of Pepper Grass Lane, 1,400± feet east of Windsong Parkway. Item 8 Z17-0022 FISHTRAP RD WOODBINE LNGOOD HOPE RDTEEL PKWYBRAZORIA DR WINDSONG PKWYDEWBERRY LN PEPPER GRASS LN BLUE SAGE DR ASH CREEK DRHONEYVINE LN MILL BRANCH D R LIBERTY DRALBRIGHT LNESPERANZA DRMUELLER LN FOREST PARK DRDUNLAVY DR COTTON BELT L N BUNTON BRANCH LN LLANO DRPROVIDENCE DRCOLETO CREEK TRLCORLEY DR±0 275 550 825137.5 Feet Item 8 Z17-0022 FISHTRAP RD WOODBINE LNGOOD HOPE RDTEEL PKWYBRAZORIA DR WINDSONG PKWYDEWBERRY LN PEPPER GRASS LN BLUE SAGE DR ASH CREEK DRHONEYVINE LN MILL BRANCH D R LIBERTY DRALBRIGHT LNESPERANZA DRMUELLER LN FOREST PARK DRDUNLAVY DR COTTON BELT L N BUNTON BRANCH LN LLANO DRPROVIDENCE DRCOLETO CREEK TRLCORLEY DRSFPD-40SF SF-10 C±0 275 550 825137.5 Feet Item 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE NO. 05-20 AND ORDINANCE NO. 08-30, BY REZONING A TRACT OF LAND CONSISTING OF 25.262 ACRE S, MORE OR LESS, SITUATED IN THE M.E.P. & P.R.R. SURVEY, ABSTRACT NO. 1476, THE B. WEEDIN SURVEY, ABSTRACT NO. 1369, AND THE B. BUTTON SURVEY, ABSTRACT NO. 88, IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-40-SINGLE FAMILY (PD-40-SF) TO PLANNED DEVELOPMENT-40-SINGLE FAMILY (PD-40-SF)); 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 received a request from TVG Texas I, LLC (“Applicant”), to rezone 25.262 acres of land, more or less, situated in the M.E.P. & P.R.R. Survey, Abstract No. 1476, the B. Weedin Survey, Abstract No. 1369, and the B. Button Survey, Abstract No. 88, in the Town of Prosper, Denton 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 and Ordinance No. 08-30 are amended as follows: The zoning designation of the below-described property containing 25.262 acres of land, more or less, situated in the M.E.P. & P.R.R. Survey, Abstract No. 1476, the B. Weedin Survey, Abstract No. 1369, and the B. Button Survey, Abstract No. 88, in the Town of Prosper, Denton County, Texas; (the “Property”) and all streets, roads and alleyways contiguous and/or adjacent thereto Item 8 Ordinance No. 17-__, Page 2 is hereby rezoned as Planned Development-40-Single Family (PD-40-SF). The property as a whole is more particularly described in Exhibit A and attached hereto and incorporated herein for all purposes as if set forth verbatim. The development plans, standards, and uses for the Property in this Planned Development District shall conform to, and comply with the planned development standards, attached hereto as Exhibits B, C, D, E, F, and G which are incorporated herein for all purposes as if set forth verbatim. Except as amended by this Ordinance, the development of the Property within this Planned Development District must comply with the requirements of all ordinances, rules, and regulations of Prosper, as they currently exist or may be amended. Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. 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 Item 8 Ordinance No. 17-__, Page 3 expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, clause or 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 23RD DAY OF JANUARY, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 8 Lot 2, Block X Windsong Ranch Phase 4A Doc. No. 2016-2061 P.R.D.C.T. Lot 1R, Block X Current Zoning: PD-40 Lot Line To Be AbandonedProposed Lot 3, Block X Windsong Ranch Phase 4D 25.262 Ac. / 1,100,398 Sq. Ft. LEGEND 1/2" IRON ROD W/ PLASTIC CAP STAMPED "SPIARSENG" SET, UNLESS OTHERWISE NOTED. IRON ROD FOUND CAPPED IRON ROD FOUND POWER POLE SAN. SEWER MANHOLE STORM SEWER MANHOLE LIGHT POLE/STANDARD GUY WIRE ANCHOR BOLLARD SIGNPOST GAS METER GAS LINE MARKER FIBREOPTIC CABLE MARKER FIRE SPRINKLER CONTROL BOX ELECTRIC BOX ELECTRIC METER IRRIGATION CONTROL VALVE WATER VALVE WATER METER SANITARY SEWER CLEANOUT CHAIN LINK FENCE BARBED WIRE FENCE WOOD FENCE OVERHEAD POWER LINE CONTROL MONUMENT PROJECT LOCATION                EXHIBIT 'A'                WINDSONG RANCH CRYSTAL LAGOON M.E.P. & P. R.R. SURVEY ABST. NO. 1476 B. WEEDIN SURVEY ABST. NO. 1369 B. BUTTON SURVEY ABST. NO. 88 IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS 25.262 Ac. Current Zoning: PD-40 Town Case # Z17-0022 Scale: 1" = 100' December, 2017 SEI Job No. 16-162 OWNER / APPLICANT TVG TEXAS I, LLC 2242 Good Hope Road Prosper, Texas 75078 Telephone (469) 532-0681 Contact: David Blom ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: David Bond PHASE 1A PHASE 1BPHASE 2A PHASE 2B PHASE 3B PHASE 3A-1PHA S E 3 A- 2 PHA S E 1 D PHASE 1CPHASE 2E PHASE 2C-1 PHASE 2D-2 PHASE 4A PHASE 4B POINT OF BEGINNING METES AND BOUNDS DESCRIPTION ”“” “” ”“” “” ”“” ”“” ”“” SURVEYOR'S CERTIFICATE STATE OF TEXAS § COUNTY OF COLLIN § Item 8 EXHIBIT B Statement of Intent and Purpose The purpose of the requested Amendment to Ordinance No. 08-030 (Planned Development-40) is to reduce the twenty-five foot (25’) landscape buffer requirement along Peppergrass Lane to eight (8) feet and to reduce the required sidewalk width along Peppergrass Lane from six (6) feet to five (5) feet. Unique site constraints exist for this parcel that present an opportunity to create a high- quality amenity in a natural setting that will be commensurate with the quality established by the existing Windsong Community Amenity Center and associated amenities. With the addition of The Lagoon, Windsong Ranch intends to maintain and improve the qualities of amenities provided for the community. Item 8 EXHIBIT C Planned Development District Standards Except as otherwise set forth in these development standards, the property, as described in Exhibit A, shall develop under Ordinance No. 08-030, as adopted by the Town of Prosper Town Council. 1. Amenity Program d. Thoroughfare Landscape Buffers (Arterial and Collector Roads – 25’ Minimum) Peppergrass Lane Landscape Buffer (Eight foot (8’) Minimum) The Peppergrass Lane landscape buffer is intended to include the following: • Retaining wall(s) comprised primarily of stone or precast block wall; • Minimal enhanced grading combined with landscape (grass, trees, accent shrubs and groundcover at entry points) to provide design continuity and buffer adjacent land uses; • Street tree systems throughout (formal and/or informal in arrangement - design to be determined), to visually identify the hierarchy of the streets and neighborhoods. A variety of tree species may be provided, including canopy/shade and smaller, flowering ornamentals of a minimum of 3 inch caliper for every 30 lineal feet; • A continuous five (5) foot wide sidewalk along the north side of Peppergrass Lane connecting to the residential sidewalk system; • Storm Water easement may encroach into the Landscape Buffer for maximum of 300 linear feet from the intersection of Peppergrass Lane and Bellardia Drive towards the western property line. g. Development Plans • Concept Plan: The tract shall be developed in general accordance with the attached concept plan, as set forth in Exhibit D. • Concept Elevations: The tract shall be developed in general accordance with the attached concept elevations, with regard to materials and architectural style, as set forth in Exhibit F. • Concept Landscaping: The tract shall be developed in general accordance with the attached concept landscaping, with regard to plant materials and location, as set forth in Exhibit G. Item 8 Lot 2, Block X Windsong Ranch Phase 4A Doc. No. 2016-2061 P.R.D.C.T. Lot 1R, Block X Current Zoning: PD-40 Proposed Lot 3, Block X Windsong Ranch Phase 4D 25.262 Ac. / 1,100,398 Sq. Ft. 10" 6" 3" EP- 8" 8" SKD(SIZE)3"ELB3G90 8" PMP 1 PMP 16"PROJECT LOCATION                EXHIBIT 'D'                WINDSONG RANCH CRYSTAL LAGOON M.E.P. & P. R.R. SURVEY ABST. NO. 1476 B. WEEDIN SURVEY ABST. NO. 1369 B. BUTTON SURVEY ABST. NO. 88 IN THE TOWN OF PROSPER, DENTON COUNTY, TEXAS 25.262 Ac. Gross / Net Current Zoning: PD-40 Town Case # Z17-0022 Scale: 1" = 50' December, 2017 SEI Job No. 16-162 OWNER / APPLICANT TVG TEXAS I, LLC 2242 Good Hope Road Prosper, Texas 75078 Telephone (469) 532-0681 Contact: David Blom ENGINEER / SURVEYOR Spiars Engineering, Inc. 765 Custer Road, Suite 100 Plano, TX 75075 Telephone: (972) 422-0077 TBPE No. F-2121 Contact: David Bond PHASE 1A PHASE 1BPHASE 2A PHASE 2B PHASE 3B PHASE 3A-1PHA S E 3 A- 2 PHA S E 1 D PHASE 1CPHASE 2E PHASE 2C-1 PHASE 2D-2 PHASE 4A PHASE 4B Item 8 EXHIBIT E Development Schedule Windsong Ranch, Phase 4A, Block X, Lot 2 of Planned Development- 40 The Lagoon Design Completion: March 2018 Site Work/Lagoon Construction Completion: December 2018 Landscape Completion: December 2018 Bathroom & Pavilion Construction Completion: December 2018 Lagoon Filling/Chemical Balancing: March 2019 Project Completion: March 2019 This schedule is subject to change due to various factors beyond the control of the developer. Item 8 1 12 1 12 1 12 1 12 Designed: Drawn: Reviewed: Date Issued: Revisions: Sheet Title: Sheet Number: Project Number: Landscape Architects Planners Austin Dallas Fort Lauderdale Fort Worth Houston San Antonio Project: Dallas, Texas 75201 (214) 744-0757 Fax: (214) 744-6785 2001 Bryan Street, Suite 1450 THE LAGOON WINDSONG RANCH TERRA VERDE GROUP PROSPER, TEXAS D16503 DECEMBER 20, 2017 KJ, ZM AH, KJ ZM, TZ Mark Meyer 2086 Not for regulatory approval, permitting or construction. FOR REVIEW ONLY. FOR REVIEW ONLY RESTROOM FACADE PLAN EXHIBIT F TC #Z17-0022 SP 4.02SCALE: 1/4"=1'-0" WEST ELEVATION A ELEVATION 1SCALE: 1/4"=1'-0" REAR ELEVATION A ELEVATION 2 SCALE: 1/4"=1'-0" EAST ELEVATION A ELEVATION 3SCALE: 1/4"=1'-0" FRONT ELEVATION A ELEVATION 4 SCALE: 1/4"=1'-0" EAST ELEVATION B ELEVATION 5SCALE: 1/4"=1'-0" FRONT ELEVATION B ELEVATION 7 SCALE: 1/4"=1'-0" WEST ELEVATION B ELEVATION 6 SCALE: 1/4"=1'-0" REAR ELEVATION B ELEVATION 8 FACADE DESIGN STYLE INTENT Item 8 Designed: Drawn: Reviewed: Date Issued: Revisions: Sheet Title: Sheet Number: Project Number: Landscape Architects Planners Austin Dallas Fort Lauderdale Fort Worth Houston San Antonio Project: Dallas, Texas 75201 (214) 744-0757 Fax: (214) 744-6785 2001 Bryan Street, Suite 1450 THE LAGOON WINDSONG RANCH TERRA VERDE GROUP PROSPER, TEXAS D16503 DECEMBER 20, 2017 KJ, ZM AH, KJ ZM, TZ Mark Meyer 2086 Not for regulatory approval, permitting or construction. FOR REVIEW ONLY. FOR REVIEW ONLY PAVILION FACADE PLAN EXHIBIT F. TC #Z17-0022 SP 4.01 SCALE: 1/4"=1'-0" SIDE ELEVATION ELEVATION 2 SCALE: 1/4"=1'-0" FRONT ELEVATION ELEVATION1 Item 8 MAIN TANKMIXING TANK (150 - 200 GAL)FERTILIZER STORAGE (DRUM R ACK)MAIN TANKNITROGEN (12 00- 1500 GAL ) (3) 1. 5 -CO NDU I T/ SL EE VES FERTILIZER STORAGE (DRUM RACK )SECOND ARY CONTA I NME NT SECOND ARY CONTA I NME NT (3) 1 .5 - CON DU IT /S LE EV ES 10" 6" 3" 8" 8"3"8"PMP1PMP16"HRHB 2D 2D (2) CAT 6 (2) CAT 6 208/240 208/240 208/240 +48" Type BMHDesigned: Drawn: Reviewed: Date Issued: Revisions: Sheet Title: Sheet Number: Project Number: Landscape Architects Planners Austin Dallas Fort Lauderdale Fort Worth Houston San Antonio Project: Dallas, Texas 75201 (214) 744-0757 Fax: (214) 744-6785 2001 Bryan Street, Suite 1450 THE LAGOON WINDSONG RANCH TERRA VERDE GROUP PROSPER, TEXAS D16503 DECEMBER 20, 2017 KJ, ZM AH, KJ ZM, TZ Mark Meyer 2086 Not for regulatory approval, permitting or construction. FOR REVIEW ONLY. FOR REVIEW ONLY N O R T H 100'50'25' SCALE: 1"=50' 0' OVERALL LANDSCAPE PLAN PLAN1 OVERALL LANDSCAPE PLAN EXHIBIT G TC# Z17-0022 SP 1.01 Item 8 Designed: Drawn: Reviewed: Date Issued: Revisions: Sheet Title: Sheet Number: Project Number: Landscape Architects Planners Austin Dallas Fort Lauderdale Fort Worth Houston San Antonio Project: Dallas, Texas 75201 (214) 744-0757 Fax: (214) 744-6785 2001 Bryan Street, Suite 1450 THE LAGOON WINDSONG RANCH TERRA VERDE GROUP PROSPER, TEXAS D16503 DECEMBER 20, 2017 KJ, ZM AH, KJ ZM, TZ Mark Meyer 2086 Not for regulatory approval, permitting or construction. FOR REVIEW ONLY. FOR REVIEW ONLY LANDSCAPE PLAN EXHIBIT G TC# Z17-0022 SP 2.01 N O R T H 40'20'10' SCALE: 1"=20' 0' LANDSCAPE PLAN PLAN1 MATCHLINE: REF. 1/SP 2.02 Item 8 HB 2D 2D (2) CAT 6 (2) CAT 6 208/240 208/240 208/240 +48" Type BDesigned: Drawn: Reviewed: Date Issued: Revisions: Sheet Title: Sheet Number: Project Number: Landscape Architects Planners Austin Dallas Fort Lauderdale Fort Worth Houston San Antonio Project: Dallas, Texas 75201 (214) 744-0757 Fax: (214) 744-6785 2001 Bryan Street, Suite 1450 THE LAGOON WINDSONG RANCH TERRA VERDE GROUP PROSPER, TEXAS D16503 DECEMBER 20, 2017 KJ, ZM AH, KJ ZM, TZ Mark Meyer 2086 Not for regulatory approval, permitting or construction. FOR REVIEW ONLY. FOR REVIEW ONLY LANDSCAPE PLAN EXHIBIT G TC# Z17-0022 SP 2.02 N O R T H 40'20'10' SCALE: 1"=20' 0' LANDSCAPE PLAN PLAN1 MATCHLINE: REF.1/SP 2.03MATCHLINE: REF. 1/SP 2.01 Item 8 MAIN TANKMIXING TANK(150 -200 GAL)FERTILIZER STORAGE(DRUM RACK)MAIN TANKNITROGEN(1200-1500 GAL)(3) 1.5-CONDU IT/SLEEVESFERTILIZER STORAGE(DRUM RACK)SECONDARYCONTAINMENT SECONDARYCONTAINMENT(3) 1.5-CONDUIT/SLEEVES10"6" 3"8"8"3"8"PMP1PMP16"HRType BMHDesigned: Drawn: Reviewed: Date Issued: Revisions: Sheet Title: Sheet Number: Project Number: Landscape Architects Planners Austin Dallas Fort Lauderdale Fort Worth Houston San Antonio Project: Dallas, Texas 75201 (214) 744-0757 Fax: (214) 744-6785 2001 Bryan Street, Suite 1450 THE LAGOON WINDSONG RANCH TERRA VERDE GROUP PROSPER, TEXAS D16503 DECEMBER 20, 2017 KJ, ZM AH, KJ ZM, TZ Mark Meyer 2086 Not for regulatory approval, permitting or construction. FOR REVIEW ONLY. FOR REVIEW ONLY LANDSCAPE PLAN EXHIBIT G TC# Z17-0022 SP 2.03 N O R T H 40'20'10' SCALE: 1"=20' 0' LANDSCAPE PLAN PLAN1MATCHLINE: REF.1/SP 2.02Item 8 Page 1 of 3 To: Town Council From: Dudley Raymond, RLA, Parks and Recreation Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 23, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Chapters 3 and 4 of the Zoning Ordinance, regarding Tree Mitigation and Definitions. (Z17-0020) Description of Agenda Item: The current Town tree mitigation and protection requirements are lacking and are not delivering the desired results. The current ordinance allows developers to clear large portions of native trees on properties without having to replace or mitigate for their removal. An update to the current standards would help to ensure that important native vegetation within the Town is preserved to help with both aesthetics and potential water runoff. In addition, this update would aim to provide further protection to existing trees that are to be preserved through the use of updated barrier standards. The following tables show the current tree mitigation standards and the staff proposed update to these standards: CURRENT TREE MITIGATION REQUIREMENTS Size of Protected Tree Percentage of Replacement (caliper inches) Within the flood plain Less than 6” 0% 6 - 12" 150% 12.1 - 20" 200% 20” or greater 300% 0-300’ outside of floodplain Less than 8" 0% 8"-12" 100% 12.1 - 20" 150% 20” or greater 300% Stand of trees 6+ trees, 48” total 100% Individual trees 20” or greater 300% Prosper is a place where everyone matters. PARKS & RECREATION Item 9 Page 2 of 3 PROPOSED UPDATED REQUIREMENTS Size of Tree Percentage of Replacement (caliper inches) Within 100-year flood plain Less than 6" (unprotected) 0% 6" - 12" 150% Greater than 12" - 24" 200% Greater than 24" - 40" 300% Greater than 40" (Historic) Town Council approval and 400% Outside of 100-year flood plain Less than 6" (unprotected) 0% 6"-12" 100% Greater than 12" - 24" 150% Greater than 24" - 40" 300% Greater than 40" (Historic) Town Council approval and 400% Staff also recommends the addition of positive tree credits to the tree mitigation requirements. These positive credits would help offset mitigation requirements and further incentivize developers to preserve existing protected trees located within their developments. A positive credit would be equal to one healthy 3” caliper shade tree. Protected Tree Size (caliper inches) Positive Credit Less than 6” 0 6-12” 1 12.1-18” 3 18.1”-24” 4 >24” 5 Staff is also recommending minor changes to the text of the ordinance. These changes include: updated tree protection measures to meet the Scenic City Program requirements; a diagram of required fencing for tree protection; definitions clarifying what constitutes a protected, historic, and unprotected trees; sections describing the enforcement of the ordinance and penalties; and other minor grammatical or spelling corrections. Legal Obligations and Review: Notification was provided in the newspaper as required by state law, and Town staff has not received any comments regarding the notice. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents 1. Ordinance 2. Proposed Chapter 3, Section 2 Redlines (Definitions) 3. Proposed Chapter 4, Section 3 Redlines (Tree Mitigation) 4. Tree Mitigation Regulation Municipality Comparison 5. Prosper Developers Council Response Letter Item 9 Page 3 of 3 Planning & Zoning Commission Recommendation: At their January 2, 2018 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-1. Town Staff Recommendation: Town staff recommends the Town Council approve the requested amendment to the Zoning Ordinance as submitted. Proposed Motion: I move to approve an ordinance amending Chapters 3 and 4 of the Zoning Ordinance, regarding Tree Mitigation and Definitions. Item 9 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE BY REPEALING EXISTING SECTION 3, “TREE MITIGATION,” OF CHAPTER 4, “DEVELOPMENT REQUIREMENTS,” AND REPLACING IT WITH A NEW SECTION 3, “TREE MITIGATION,” OF CHAPTER 4, “DEVELOPMENT REQUIREMENTS”; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s Zoning Ordinance to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission, and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, existing Section 3, “Tree Mitigation,” of Chapter 4, “Development Requirements,” of the Town’s Zoning Ordinance, as amended, is hereby repealed in its entirety and replaced with a new Section 3, “Tree Mitigation,” of Chapter 4, “Development Requirements,” to read as follows: “SECTION 3 TREE MITIGATION 3.1 PURPOSE: The purpose of this Section is to promote site planning which furthers the preservation of mature trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long- term viability of existing trees; and to control the removal of trees when necessary. It is the further purpose of this Section to achieve the following broader objectives: Item 9 Ordinance No. 18-__, Page 2 A. Prohibit the indiscriminate clearing of property. B. Protect and increase the value of residential and commercial properties within the Town. C. Maintain and enhance a positive image for the attraction of new residences and business enterprises to the Town. D. Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the Town. E. To reduce the erosive effects of rainfall. 3.2 SCOPE: The scope of this Section includes the removal and/or transplanting of any tree and mitigation for the removal of Protected Trees. A permit approved by the Director of Development Services or his/her designee is required before removing and/or transplanting any tree and mitigation for the removal of Protected Trees. 3.3 DEFINITIONS: A. Protected Tree –- A tree that is determined to be healthy by the Director of Development Services, or his/her designee, and meets one of the following requirements: • Any tree, regardless of species, within a 100-year floodplain, six inches (6”) or larger in diameter when measured at a point four and one-half feet (4½’) above the ground level and which normally attains a height of at least twelve feet (12’) at maturity. • Any tree outside of the floodplain, except those listed below, six inches (6”) or larger in diameter when measured at a point four and one-half feet (4½’) above the ground level and which normally attains a height of at least twelve feet (12’) at maturity. B. Historic Tree - Any protected tree forty inches (40”) or larger in diameter when measured at a point four and one-half feet (4½’) above the ground level and which normally attains a height of at least twelve feet (12’) at maturity; or any tree deemed to be of historical significance. C. Unprotected Trees - The following trees shall not be included in the above definition of Protected Trees: Silver Leaf Maple Acer saccharinum Hackberry, Texas Sugarberry Celtis laevigata (Celtis occidentalis) Honey locust Gleditsia triacanthos Bois d’Arc Maclura pomifera Mimosa Mimosa sp. Red Mulberry Morus rubra White Poplar Poplus alba Item 9 Ordinance No. 18-__, Page 3 Cottonwood Populus deltoids Mesquite Prosopis glandulosa Willow Willow sp. 3.4 TREE PERMIT: A Tree Permit shall be required for the transplanting and/or removal of all trees within the Town of Prosper, regardless of size or species, except for trees located on a single-family or two-family lot contained within a plat of record, and as otherwise described in Chapter 4, Section 3.4 below. A. Application for Tree Permit. An application for a Tree Permit may be submitted at any time and is not required to be submitted in conjunction with development plans, final plat or a building permit. Tree Permits shall be obtained by making application to the Director of Development Services, or his/her designee. The application must include a letter signed by the property owner allowing the Town access to the property for verification of all survey information. The application shall also be accompanied by a written document indicating the reasons for transplanting and/or removal of Protected Trees and two (2) copies of a legible site or planting plan, and a detailed Tree survey and preservation plan if required in Chapter 4, Section 3.10. B. Review of Application for Tree Permit. Upon receipt of a proper application for a Tree Permit, the Director of Development Services or his/her designee shall review the application and may conduct field inspections of the site or development and/or refer the permit application to other departments for review and recommendations as deemed necessary and appropriate by the Town. Protected Trees may not be removed or transplanted unless the Director of Development Services or his/her designee approves the Tree Permit. The Director of Development Services or his/her designee shall act on a tree permit application within ten (10) business days of its submittal. If action has not been taken within this specified time frame, the application shall be deemed approved. C. Historic Tree Preservation. No tree removal permit may be issued for a historic tree unless the owner establishes that preserving the historic tree constitutes an unreasonable financial hardship on the owner. Appeals from this determination shall be to the Town Council. 3.5 EXCEPTIONS: A. A Tree Permit shall be required to remove and/or transplant a Protected Tree, except for a Protected Tree located on a single-family or two-family lot contained within a plat of record and having a Certificate of Occupancy. The Director of Development Services or his/her designee may authorize, in writing, removal of a Protected Tree provided that the Protected Tree: 1. is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety; Item 9 Ordinance No. 18-__, Page 4 2. hinders or obstructs the construction, maintenance, repair, and/or replacement of Town streets, water and sewer lines, and drainage and storm sewer; 3. is located in any major thoroughfare right-of-way dedicated to and accepted by the Town. This does not include trees being removed for proposed neighborhood streets, driveways, right and left turn lanes, and/or median openings. Removal of these trees shall require a permit and mitigation at a rate of fifty percent (50%) of the mitigation requirements contained in Chapter 4, Section 3.5(E) of this Ordinance; 4. hinders or obstructs the construction, repair, maintenance, and/or replacement of public improvement projects including, but not limited to, major collection lines for sanitary sewer, distribution lines for water, collection and management of storm water runoff and thoroughfares pursuant to the Town’s Capital Improvement Project, Water and Sanitary Distribution Line Maps and/or Thoroughfare Plan; or 5. is damaged or killed by a tornado, ice or wind storms, flooding or other acts of nature. 6. A tree that is determined to be diseased or dead by a certified arborist or landscape architect, regardless of species or size. B. All retail, commercial, and wholesale nurseries are exempt from the terms and provisions of this Section 3 in relation to those Trees planted and growing on the premises of said business and that are planted and growing for the sale or intended sale in the ordinary course of business only. C. Utility companies franchised by the Town in easements or rights-of-way accepted by the Town or otherwise authorized to provide utility service may remove Protected Tree(s) that endanger public safety and welfare by interfering with utility service. Any trimming and/or removal of Protected Tree(s) by a utility company requires prior written approval from the Director of Development Services or his/her designee, except in the case of emergency repairs. A utility company shall notify the Director of Development Services or his/her designee of any trimming and/or removal of Protected Trees done while making emergency repairs on the first business day following the emergency. D. The mowing and clearing of brush located within or under the drip lines of Protected Trees is allowed, provided such mowing or clearing is accomplished by hand or by mechanical mowers with turf tires. E. Developments that have submitted a preliminary plat for residential development or a final plat for nonresidential development prior to the effective date of this Ordinance shall be exempt from this Ordinance. Item 9 Ordinance No. 18-__, Page 5 F. The removal of trees for the development or redevelopment of golf courses and pedestrian trails shall require a permit and mitigation at a rate of fifty percent (50%) of the mitigation requirements contained in Chapter 4, Section 3.5(E) of this Ordinance. G. Agricultural users can remove Protected Tree(s) for agricultural production with prior written permission from the Director of Development Services or his/her designee. A Protected Tree inventory summary is required to list Tree(s) removed and preserved. Replacement requirements of Protected Tree(s) being removed for agricultural production will be prorated equally over a period of ten (10) years. Should the property be developed prior to the full ten (10) years the remainder of required trees shall be planted on the property in addition to the required trees. H. A tree located on a common property line may not be removed without first obtaining a Tree Permit. Each of the affected property owners must request the Tree Permit. A single request may be submitted if it is signed by each of the affected property owners. 3.6 MITIGATION FOR TREES REMOVED: A. It shall be the responsibility of any person obtaining a Tree Permit for the removal of Protected Trees to provide Replacement Tree(s) having a total diameter of inches equivalent to the percentage rates set forth in Chapter 4, Section 3.7(A). The Diameter for Replacement Trees shall be measured as follows: 1. For single-trunk trees, the width shall be measured at four and one half feet (4½’) above ground level. 2. For multi-trunk trees, combine the diameter of largest stem or trunk with one-half of the diameter of each additional stem or trunk, all measured at four and one-half feet (4½’) above ground level. An example: If an eight inch (8’) Protected Tree in the flood plain is removed that tree must be replaced at one hundred fifty percent (150%) by trees with a total caliper width of twelve inches (12”). This total caliper width could be satisfied by one (1) twelve inch (12”) caliper replacement tree, or two (2) six inch (6”) caliper width replacement trees, or any other combination providing a total caliper width of twelve inches (12”) using a minimum width of three inches (3”). B. Should a transplanted tree die, it shall be removed and replacement trees shall be planted at a rate of one hundred percent (100%) of the caliper inches of the transplanted tree(s). C. If any tree, which was preserved and used as a credit toward mitigation requirements is later removed for any reason, it shall be replaced by the number of trees for which it was originally credited. Replacement trees shall have a minimum trunk diameter of three inches (3”) measured six inches (6”) above the ground. Item 9 Ordinance No. 18-__, Page 6 D. If any Replacement Tree cannot be properly located on the property being developed or redeveloped, the applicant may plant these Replacement Tree(s) on property owned by the Town and/or common open space and/or pay a fee, as approved by the Director of Development Services, or his/her designee. The cash value of Replacement Trees will be set by the Director of Development Services, or his/her designee, annually. E. The person(s) or entity responsible for the developing and or redeveloping property that causes or results in the removal of existing Tree(s) in proposed driveways, right turn lanes, and/or in proposed median openings, shall plant Replacement Tree(s) at a rate of one hundred percent (100%) of the total diameter of the Tree(s) being removed. The Replacement Tree(s) will be planted on public property according to a written plan approved by the Director of Development Services or his/her designee. 3.7 REPLACEMENT REQUIREMENTS A. Removal of Protected Trees- Protected Trees shall be replaced by planting trees on the property equal to the total caliper inches as calculated using the following replacement rate: Size of Tree Percentage of Replacement (caliper inches) Within 100-year flood plain Less than 6" (unprotected) 0 6" - 12" 150 Greater than 12" - 24" 200 Greater than 24" - 40" 300 Greater than 40" (Historic) Town Council approval and 400 Outside of 100-year flood plain Less than 6" (unprotected) 0 6"-12" 100 Greater than 12" - 24" 150 Greater than 24" - 40" 300 Greater than 40" (Historic) Town Council approval and 400 *All existing tree measurements are in caliper inches as measured four and one-half feet (4½’) above the natural ground level. ** All replacement tree measurements are in caliper inches as measured twelve inches (12”) above natural ground level. B. Transplanted Trees- Protected Trees on a property may be transplanted to another location on the same property without being subject to the above replacement rates. C. Tree Credits - If any protected tree is preserved within an area that would otherwise be considered a buildable area, credit for preservation shall be Item 9 Ordinance No. 18-__, Page 7 given that will be counted toward the mitigation requirements for the removal of protected trees within the buildable area on a site or project. Such mitigation credits shall be given only for those trees whose critical root zones are left predominately in their natural state. No cutting, filling, or other construction related activities are allowed within the critical root zones of trees eligible for mitigation credit unless otherwise approved in writing and in advance by the Town. Following is a list of credits available for the preservation of protected trees on a site or project. Tree Credits will be awarded using the following table: Caliper Size Tree Positive Credits* 6”-12” 1 >12”-18” 3 >18"-24” 4 >24” 5 *(1 credit is equal to one 3” caliper tree. Healthy, protected trees only.) D. Any tree that is preserved and receives positive credit towards mitigation is exempt from being used to fulfil required landscaping as described in Chapter 4 Section 2 of this Ordinance. E. Any tree preserved within a floodplain is exempt from receiving positive credit towards mitigation. 3.8 TRANSPLANTING PROTECTED TREES: No person(s) or entity, directly or indirectly, shall replant, relocate, transfer or move from one location to another any Protected Tree within the Town without first obtaining a Tree Permit as provided in Chapter 4, Section 3.4. All Transplanting shall be in accordance with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy the Tree replanting requirements of this Section. 3.9 TREE PROTECTION MEASURES: Prior to construction, the contractor or subcontractor shall construct and maintain, for each protected tree on a construction site, a protective fence and where necessary, bark protection (See Diagram A). All protective measures shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. During any construction or land development, the developer shall clearly mark all trees to be maintained. The developer shall not allow the movement of heavy equipment or the storage of equipment, materials, debris, or fill to be placed within the drip line of any trees. This is not intended to prohibit the normal construction required within parking lots. All Protected Tree(s) shall be protected by the owner as follows, unless otherwise directed by the Director of Development Services or his/her designee: A. Before Development or Redevelopment the owner shall install a minimum three foot (3’) tall protective barricade made of wood, fencing or solid Item 9 Ordinance No. 18-__, Page 8 material. These barricades will be installed a minimum of ten feet (10’) from protected trees or a minimum of two feet (2’) outside the designated protective root zone, whichever is the greater distance. B. Vertical posts no less than three feet (3’) in height and no more than six feet (6’) apart. Horizontal members consisting of wood no less than three feet (3’) above existing grade and securely attached to the vertical posts. C. Before Development or Redevelopment the owner shall establish and maintain a construction entrance that avoids Protected Trees. D. During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain, nor shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees to remain. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree. E. No parking or storing of vehicles, equipment or materials allowed within the protective root zone. F. Attachments or wires are prohibited from being attached to any Protected Tree. Cables, tree rods, and similar hardware installation that aid structural integrity of a Protected Tree are exempt from this section as approved in writing by the Director of Development Services or his/her designee. G. Fill or excavation may not occur within the canopy or drip line of a Protected Tree. Major changes of grade (i.e., three inches [3”] or greater) within the canopy or drip line will require additional measures to maintain proper oxygen and water exchange with the roots. H. Unless otherwise approved in writing by the Town, construction or construction-related activity is prohibited under the canopy or drip line of Protected Trees. I. Any trees removed shall be chipped and used for mulch on site or hauled off-site. Burning of removed trees, stumps, or foliage requires written approval by the Fire Department. J. Root pruning will be required when disturbance will occur under the drip line of protected Trees. This root pruning shall be completed a minimum of two (2) weeks prior to any construction activity within the drip line. K. All tree maintenance techniques shall be in conformance with industry identified standards. Alternative maintenance techniques may be approved by the Town. L. No person(s) or entity may use improper or malicious maintenance or pruning techniques which would likely lead to the death of the tree. Improper or malicious techniques include, but are not limited to, topping or Item 9 Ordinance No. 18-__, Page 9 other unsymmetrical trimming of trees, trimming trees with a backhoe, or use of fire or poison to cause the death of a tree. Diagram A Item 9 Ordinance No. 18-__, Page 10 3.10 TREE SURVEY AND PRESERVATION PLAN A. Preliminary Plat and Preliminary Site Plans: A general survey identifying natural vegetation, trees, and anticipated tree losses shall be submitted with all preliminary plats for residential developments and all preliminary site plans for non-residential and multi-family developments within the Protected Area. The general tree survey can be included on the preliminary plat or preliminary site plan. The general survey shall include: 1. existing topography at five foot (5’) intervals; 2. vegetation groups; 3. development plans; 4. specific trees that are twenty inches (20”) and larger; and 5. photographic information is to accompany submission with sufficient data to convey which Trees are to remain as they correspond to the general survey. B. Final Site Plans and Final Plats: A detailed tree survey and tree preservation plan shall be submitted with all site plans and final plats. The detailed tree survey and tree preservation plan shall include the following: 1. The location, diameter, height, and common name of all single- trunk trees of six inches (6”) diameter or greater, measured at four and one-half feet (4½’) above natural grade level, and at least twelve feet (12’) high; and all multi-trunk trees having a total caliper width of six inches (6”), measured by combining the diameter of the largest stem or branch with one-half (½) the diameter of each additional stem or branch, all measured at four and one-half feet (4½’) above natural grade level, and at least twelve feet (12’) high. 2. The location of the trunk and drip line, diameter, height, estimated age (not to be determined using invasive measures which might damage the tree), a reproducible color photograph, and common name of the Protected Trees proposed to be removed or transplanted. 3. Provide existing natural grade elevation and proposed final grade elevation at each location for each Protected Tree for which a Tree Permit is requested. 4. The location and dimensions of all existing or proposed public streets, alleys, rights-of-way, and utility easements. 5. The location of all existing or proposed property lines, lot lines, building lines, setback and yard requirements, any proposed building footprint or floor plan, and other special relationships or Item 9 Ordinance No. 18-__, Page 11 significant features on the proposed development plans, final plat and site plan of the development. 6. Existing and proposed site elevations, grades and major contours including a table listing all Protected Trees and their respective locations. 7. The information required herein shall be summarized in legend or table form on the tree survey and note the reason for removal or transplanting of the Protected Tree(s). 8. The survey shall bear the stamp or seal of a registered surveyor relative to the location of any Protected Trees and shall bear the stamp, seal, or signature of a registered landscape architect, certified arborist, or arboriculturist relative to the specie(s) of any Protected Tree. 9. A detail tree survey shall be prepared by or under the supervision of a landscape architect, certified arborist, or certified forester. The following shall be on the tree survey: “I, _____________________, being a landscape architect or arborist attest that the identification and size of trees identified on this survey are correct and that all Protected Trees have been shown. Signature: ____________________________ Date: ________________ 10. A detailed survey is only required for areas that are intended to be disturbed by the proposed development/redevelopment. A boundary of the area to be included in a detailed survey will be established with the approval of the general survey that is submitted with the preliminary plat or preliminary site plan. C. Field verification: Prior to written approval of the detailed tree survey and tree preservation plan, the applicant shall mark all trees to be preserved and notify (in writing) the Director of Development Services or his/her designee of the marking. The Director of Development Services or his/her designee shall inspect and verify the markings within seven (7) working days of his/her receipt of applicants’ notification. If the Director of Development Services, or his/her designee, has not contacted the land owner within ten (10) working days from the date of notification, the detailed tree survey and tree preservation plan submitted by the applicant is deemed approved. D. Preparation: Prior to the preconstruction meeting or obtaining a grading permit, all tree markings and protective fencing and standard erosion control measures (i.e., silt fence) must be installed by the owner and be inspected by the Director of Development Services or his/her designee. Approved silt fence may serve as protective fencing and must remain in place until the Town accepts the project. A stop work order will be issued at any time if Tree preservation requirements are not being met. Item 9 Ordinance No. 18-__, Page 12 E. Final Inspections: The owner shall notify the Director of Development Services or his/her designee for an inspection ten (10) working days prior to receiving a Certificate of Occupancy. Any deficiencies or dead trees shall be replaced prior to receiving the Certificate of Occupancy. 3.11 ENFORCEMENT The Town Landscape Architect shall be authorized to approve tree loss mitigation plans. The provisions of this section shall be enforced by the Landscape Architect and Code Compliance Officer. The Landscape Architect shall be an employee of the Town and certified as an arborist by the International Society of Arboriculture (ISA) or registered as a landscape architect by the Texas Board of Architectural Examine. 3.12 VIOLATIONS AND PENALTIES A. Any person(s) or entity causing the transplanting or removing of a tree without first obtaining an approved Tree Permit is in violation of this Ordinance. B. Each tree removed or transplanted without a permit shall constitute a separate offence. Violation of this Ordinance shall not constitute an exemption to the replacement requirements contained herein. C. A person commits an offense if the person critically alters a protected tree not meeting an exception listed in this section without first obtaining a tree permit from the Town. D. A person commits an offense if the person critically alters a tree in violation of a tree permit. E. Any person who violates this section by critically altering a protected tree without first obtaining a tree permit from the Town, or by critically altering a tree in violation of the permit, or by failing to follow the tree replacement procedures, shall be guilty of a misdemeanor and upon conviction shall be fined $100.00 per caliper inch of the tree critically altered, not to exceed $500.00 per incident. The unlawful critical alteration of each protected tree shall be considered a separate incident and each incident shall subject the violator to the maximum penalty set forth herein for each tree. F. Any person, firm, corporation, agent or employee thereof who violates any provisions of this section other than those listed in above, shall be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed $500.00 for each incident. The unlawful critical alteration of each protected tree shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein for each tree. G. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this section. Item 9 Ordinance No. 18-__, Page 13 H. Acceptance of improvements. The Town may refuse to accept any public improvements until the person pays all penalties for violations of this section; provided, however, that acceptance of public improvements shall be authorized before all trees shall be replaced if, with the Director of Development Services’ approval, the person furnishes the Town with a cash deposit or surety bond in the approximate amount of the cost to replace the tree. I. Certificate of occupancy. No certificate of occupancy (CO) shall be issued until any and all penalties for violations of this section have been paid to the Town. No CO shall be issued until all required replacement trees have been planted or appropriate payments have been made to the reforestation fund; provided, however, that a CO may be granted before all trees have been replaced if, with the Director of Development Services’ approval, the person furnishes the Town with a cash deposit or surety bond in the approximate amount of the cost to replace the tree.” SECTION 3 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred ($500.00) for each offense. SECTION 6 This Ordinance shall become effective from and after its adoption and publication as required by law; however, the provisions of this Ordinance shall not be applicable to any residential development or tract of land for which one or more final plats has been approved by the Town as of the effective date of this Ordinance. Item 9 Ordinance No. 18-__, Page 14 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF DECEMBER, 2017. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 9 CHAPTER 3 - PERMITTED USES AND DEFINITIONS SECTION 2 – DEFINITIONS SECTION 2 DEFINITIONS … 2.2 … Tree, Protected - A tree that is determined to be healthy by the Director of PlanningDirector of Development Services, or his/her designee, and meets one of the following requirements: • Any tree, regardless of species, six inches (6”) or larger in diameter when measured at a point four and one-half feet (4½’) above the ground level and which normally attains a height of at least twelve feet (12’) at maturity, and located within a 100-year floodplain. • Any tree, except those species listed below, eight six inches (86”) or larger in diameter when measured at a point four and one-half feet (4½’) above the ground level and which normally attains a height of at least twelve feet (12’) at maturity, and located within three hundred feet (300’) of aoutside of the 100-year floodplain. • A tree(s) twenty (20) caliper inches and larger, except those species listed below. • A Stand of Trees, except those species listed below.Any protected tree forty (40) inches or larger in diameter when measured at a point four and one-half (4½) feet above the ground level and which normally attains a height of at least twelve (12) feet at maturity; or any tree deemed to be of historical significance. The following trees shall not be included in the above definition of Protected Trees: Silver Leaf Maple Acer saccharinum Hackberry, Texas Sugarberry Celtis laevigata Honey Locust Gleditsia triacanthos Bois d’ Arc Maclura pomifera Mimosa Mimosa sp. Mulberry Morus rubra White Poplar Poplus alba Cottonwood Populus deltoides Mesquite Prosopis glandulosa Willow Willow sp. Tree, Replacement or Transplanted - Any tree that is listed under Chapter 4, Section 3 of this Ordinance, as it exists or may be amended, and/or utilized for mitigation of Protected Trees that have been, or are required to be, removed and replaced or transplanted under the requirements of this Ordinance. A replacement tree is one that has been planted to mitigate the removal of a tree from the property. A transplanted tree is one that exists on the property and is relocated within the property. A tree must have a minimum size of three (3) inches when measured at a point twelve inches (12”) above the natural ground level and will normally attain a height of at least twelve feet (12’) at maturity to be considered a replacement or transplanted tree. Trees, Stand of - A group of six (6) or more protected trees that have a combined caliper measurement of forty-eight inches (48”) or greater and each tree is within twenty (20) linear feet of another tree within the group. The distance measurement shall occur at natural grade from edge of trunk to edge of trunk. Truck - A light or heavy load vehicle (see definitions for Light and Heavy Load Vehicle). Truck/Bus Repair - An establishment providing major and minor repair services to panel trucks, vans, trailers, recreational vehicles, or buses. Truck Sales, Heavy Trucks - The display, storage, sale, leasing, or rental of new or used panel trucks, vans, trailers, recreational vehicles, or buses in operable condition. Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION SECTION 3 TREE MITIGATION 3.1 PURPOSE: The purpose of this Section is to promote site planning which furthers the preservation of mature trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long termlong-term viability of existing trees; and to control the removal of trees when necessary. It is the further purpose of this Section to achieve the following broader objectives: A. Prohibit the indiscriminate clearing of property. B. Protect and increase the value of residential and commercial properties within the Town. C. Maintain and enhance a positive image for the attraction of new residences and business enterprises to the Town. D. Protect healthy quality trees and promote the natural ecological environmental and aesthetic qualities of the Town. E. To reduce the erosive effects of rainfall. 3.2 SCOPE: The scope of this Section includes the removal and/or transplanting of any tree and mitigation for the removal of Protected Trees. A permit approved by the Director of PlanningDirector of Development Services or his/her designee is required before removing and/or transplanting any tree and mitigation for the removal of Protected Trees. 3.3 DEFINITIONS: The term Protected Trees refers to the following (unless stated otherwise): A. Protected Tree –- A tree that is determined to be healthy by the Director of PlanningDirector of Development Services, or his/her designee, and meets one of the following requirements: • Any tree, regardless of species, within a 100-year floodplain six (6) inches or larger in diameter when measured at a point four and one-half (4½) feet above the ground level and which normally attains a height of at least twelve (12) feet at maturity. • Any tree outside of the floodplain, except those listed below, six (6) inches or larger in diameter when measured at a point four and one-half (4½) feet above the ground level and which normally attains a height of at least twelve (12) feet at maturity. Any tree that is determined to be diseased or dead will not be considered to be protected, regardless of species or size. B. Historic Tree - Any protected tree forty (40) inches or larger in diameter when measured at a point four and one-half (4½) feet above the ground level and which normally attains a height of at least twelve (12) feet at maturity; or any tree deemed to be of historical significance. by the Town Council. C. Unprotected Trees - The following trees shall not be included in the above definition of Protected Trees: Silver Leaf Maple Acer saccharinum Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION Hackberry, Texas Sugarberry Celtis laevigata (Celtis occidentalis) Honey locust Gleditsia triacanthos Bois d’Arc Maclura pomifera Mimosa Mimosa sp. Red Mulberry Morus rubra White Poplar Poplus alba Cottonwood Populus deltoids Mesquite Prosopis glandulosa Willow Willow sp. 3.33.4 TREE PERMIT: A Tree Permit shall be required for the transplanting and/or removal of all trees within the Town of Prosper, regardless of size or species, except for trees located on a single-family or two-family lot contained within a plat of record, and as otherwise described in Chapter 4, Section 3.4 below. A. Application for Tree Permit. An application for a Tree Permit may be submitted at any time and is not required to be submitted in conjunction with development plans, final plat or a building permit. Tree Permits shall be obtained by making application to the Director of PlanningDirector of Development Services, or his/her designee. The application must include a letter signed by the property owner allowing the Town access to the property for verification of all survey information. The application shall also be accompanied by a written document indicating the reasons for transplanting and/or removal of Protected Trees and two (2) copies of a legible site or planting plan, and a detailed Tree survey and preservation plan if required in Chapter 4, Section 3.109. B. Review of Application for Tree Permit. Upon receipt of a proper application for a Tree Permit, the Director of PlanningDirector of Development Services or his/her designee shall review the application and may conduct field inspections of the site or development and/or refer the permit application to other departments for review and recommendations as deemed necessary and appropriate by the Town. Protected Trees may not be removed or transplanted unless the Director of PlanningDirector of Development Services or his/her designee approves the Tree Permit. The Director of PlanningDirector of Development Services or his/her designee shall act on a tree permit application within ten (10) business days of its submittal. If action has not been taken within this specified time frame, the application shall be deemed approved. C. Historic Tree Preservation. No tree removal permit may be issued for a historic tree unless the owner establishes that preserving the historic tree constitutes an unreasonable financial hardship on the owner. Appeals from this determination shall be to the Town Council. 3.43.5 EXCEPTIONS: A. A Tree Permit shall be required to remove and/or transplant a Protected Tree, except for a Protected Tree located on a single-family or two-family lot contained within a plat of record and having a Certificate of Occupancy. The Director of PlanningDirector of Development Services or his/her designee may authorize, in writing, removal of a Protected Tree provided that the Protected Tree: 1. is determined to be in a hazardous or dangerous condition so as to endanger the public health, welfare or safety; Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION 2. hinders or obstructs the construction, maintenance, repair, and/or replacement of Town streets, water and sewer lines, and drainage and storm sewer; 3. is located in any major thoroughfare right-of-way dedicated to and accepted by the Town. This does not include trees being removed for proposed neighborhood streets, driveways, right and left turn lanes, and/or median openings. Removal of these trees shall require a permit and mitigation at a rate of fifty (50) percent of the mitigation requirements contained in Chapter 4, Section 3.5(DE) of this Ordinance; 4. hinders or obstructs the construction, repair, maintenance, and/or replacement of public improvement projects including, but not limited to, major collection lines for sanitary sewer, distribution lines for water, collection and management of storm water runoff and thoroughfares pursuant to the Town’s Capital Improvement Project, Water and Sanitary Distribution Line Maps and/or Thoroughfare Plan; or 5. is damaged or killed by a tornado, ice or wind storms, flooding or other acts of nature. 6.. A tree that is determined to be diseased or dead by a certified arborist or landscape architect, regardless of species or size. B. All retail, commercial, and wholesale nurseries are exempt from the terms and provisions of this Section 3 in relation to those Trees planted and growing on the premises of said business and that are planted and growing for the sale or intended sale in the ordinary course of business only. C. Utility companies franchised by the Town in easements or rights-of-way accepted by the Town or otherwise authorized to provide utility service may remove Protected Tree(s) that endanger public safety and welfare by interfering with utility service. Any trimming and/or removal of Protected Tree(s) by a utility company requires prior written approval from the Director of PlanningDirector of Development Services or his/her designee, except in the case of emergency repairs. A utility company shall notify the Director of PlanningDirector of Development Services or his/her designee of any trimming and/or removal of Protected Trees done while making emergency repairs on the first business day following the emergency. D. The mowing and clearing of brush located within or under the drip lines of Protected Trees is allowed, provided such mowing or clearing is accomplished by hand or by mechanical mowers with turf tires. E. Developments that have submitted a preliminary plat for residential development or a final plat for nonresidential development prior to the effective date of this Ordinance shall be exempt from this Ordinance. F. The removal of trees for the development or redevelopment of golf courses and pedestrian trails shall require a permit and mitigation at a rate of fifty (50) percent of the mitigation requirements contained in Chapter 4, Section 3.5(DE) of this Ordinance. G. Agricultural users can remove Protected Tree(s) for agricultural production with prior written permission from the Director of PlanningDirector of Development Services or his/her designee. A Protected Tree inventory summary is required to list Tree(s) removed and preserved. Replacement requirements of Protected Tree(s) being removed for agricultural production will be prorated equally over a period of ten (10) years. Should the property be developed prior to the full ten (10) years the remainder of required trees shall be planted on the property in addition to the required trees. Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION H. A tree located on a common property line may not be removed without first obtaining a Tree Permit. Each of the affected property owners must request the Tree Permit. A single request may be submitted if it is signed by each of the affected property owners. 3.53.6 MITIGATION FOR TREES REMOVED: A. It shall be the responsibility of any person obtaining a Tree Permit for the removal of Protected Trees to provide Replacement Tree(s) having a total diameter of inches equivalent to the percentage rates set forth in Chapter 4, Section 3.67(A). The Diameter for Replacement Trees shall be measured as follows: 1. For single-trunk trees, the width shall be measured at four and one half (4½) feet above ground level. 2. For multi-trunk trees, combine the diameter of largest stem or trunk with one-half of the diameter of each additional stem or trunk, all measured at four and one half (4½) feet above ground level. An example: If an eight (8) inch Protected Tree in the flood plain is removed that tree must be replaced at one hundred fifty (150) percent by trees with a total caliper width of twelve (12) inches. This total caliper width could be satisfied by one (1) twelve (12) inch caliper replacement tree, or two (2) six (6) inch caliper width replacement trees, or any other combination providing a total caliper width of twelve (12) inches using a minimum width of three (3) inches. B. Should a transplanted tree die, it shall be removed and replacement trees shall be planted at a rate of one hundred (100) percent of the caliper inches of the transplanted tree(s). C. If any tree, which was preserved and used as a credit toward mitigation requirements is later removed for any reason, it shall be replaced by the number of trees for which it was originally credited. Replacement trees shall have a minimum trunk diameter of three (3) inches measured six (6) inches above the ground. CD. If any Replacement Tree cannot be properly located on the property being developed or redeveloped, the applicant may plant these Replacement Tree(s) on property owned by the Town and/or common open space and/or pay a fee, as approved by the Director of PlanningDirector of Development Services, or his/her designee. The cash value of Replacement Trees will be set by the Director of PlanningDirector of Development Services, or his/her designee, annually. DE. The person(s) or entity responsible for the developing and or redeveloping property that causes or results in the removal of existing Tree(s) in proposed driveways, right turn lanes, and/or in proposed median openings, shall plant Replacement Tree(s) at a rate of one hundred (100) percent of the total diameter of the Tree(s) being removed. The Replacement Tree(s) will be planted on public property according to a written plan approved by the Director of PlanningDirector of Development Services or his/her designee. 3.6 7 REPLACEMENT REQUIREMENTS Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION A. Removal of Protected Trees- Protected Trees shall be replaced by planting trees on the property equal to the total caliper inches as calculated using the following replacement rate: Size of Tree Percentage of Replacement (caliper inches) Within 100-year flood plain Less than 6" (unprotected) 0% 6" - 12" 150% Greater than 12" - 24" 200% Greater than 24" - 40" 300% Greater than 40" (Historic) Town Council approval and 400% Outside of 100-year flood plain Less than 6" (unprotected) 0% 6"-12" 100% Greater than 12" - 24" 150% Greater than 24" - 40" 300% Greater than 40" (Historic) Town Council approval and 400% *All existing tree measurements are in caliper inches as measured four and one-half (4 ½) feet above the natural ground level. ** All replacement tree measurements are in caliper inches as measured twelve (12) inches above natural ground level. B. Transplanted Trees- Protected Trees on a property may be transplanted to another location on the same property without being subject to the above replacement rates. C. Tree Credits - If any protected tree is preserved within an area that would otherwise be considered a buildable area, credit for preservation shall be given that will be counted toward the mitigation requirements for the removal of protected trees within the buildable area on a site or project. Such mitigation credits shall be given only for those trees whose critical root zones are left predominately in their natural state. No cutting, filling, or other construction related activities are allowed within the critical root zones of trees eligible for mitigation credit unless otherwise approved in writing and in advance by the Town. Following is a list of credits available for the preservation of protected trees on a site or project. Tree Credits will be awarded using the following table: Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION Caliper Size Tree Positive Credits* 6”-12” 1 12.1”-18” 3 18.1"-24” 4 >24” 5 *(1 credit is equal to one 3” caliper tree. Healthy, protected trees only.) D. Any tree that is preserved and receives positive credit towards mitigation is exempt from being used to fulfil required landscaping as described in Chapter 4 Section 2 of this ordinance. E. Any tree preserved within a floodplain is exempt from receiving positive credit towards mitigation. 3.7 8 TRANSPLANTING PROTECTED TREES: No person(s) or entity, directly or indirectly, shall replant, relocate, transfer or move from one location to another any Protected Tree within the Town without first obtaining a Tree Permit as provided in Chapter 4, Section 3.34. All Transplanting shall be in accordance with the applicable Texas Association of Nurserymen Grades and Standards shall satisfy the Tree replanting requirements of this Section. 3.8 9 TREE PROTECTION MEASURES: Prior to construction, the contractor or subcontractor shall construct and maintain, for each protected tree on a construction site, a protective fence and where necessary, bark protection (See Diagram A). All protective measures shall be in place prior to commencement of any site work and remain in place until all exterior work has been completed. During any construction or land development, the developer shall clearly mark all trees to be maintained. The developer shall not allow the movement of heavy equipment or the storage of equipment, materials, debris, or fill to be placed within the drip line of any trees. This is not intended to prohibit the normal construction required within parking lots. All Protected Tree(s) shall be protected by the owner as follows, unless otherwise directed by the Director of PlanningDirector of Development Services or his/her designee: A. Before Development or Redevelopment the owner shall install a minimum three (3) foot tall protective barricade made of wood, fencing or solid material. These barricades will be installed a minimum of ten (10) feet from protected trees or a minimum of two (2) feet outside the designated protective root zone, whichever is the greater distance. A. Before Development or Redevelopment the owner shall install a four (4) foot plastic fencing or where approved, silt fencing around the drip line of the Protected Tree(s). B. Vertical posts no less than three (3) feet in height and no more than six (6) feet apart. Horizontal members consisting of wood no less than three (3) feet above existing grade and securely attached to the vertical posts. BC. Before Development or Redevelopment the owner shall establish and maintain a construction entrance that avoids Protected Trees. D. During the construction stage of development, the developer shall not allow cleaning of equipment or material under the canopy of any tree or group of trees to remain. Neither shall the developer allow the disposal of any waste material such as, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., under the canopy of any tree or groups of trees to remain. No attachment or wires of any kind, other than those of a protective nature, shall be attached to any tree. Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION C. Cleaning equipment or materials and/or the disposal of any waste material, including, but not limited to, paint, oil, solvents, asphalt, concrete, mortar, etc., is prohibited under the canopy or drip line of any Protected Tree. E. No parking or storing of vehicles, equipment or materials allowed within the protective root zone. DF. Attachments or wires are prohibited from being attached to any Protected Tree. Cables, tree rods, and similar hardware installation that aid structural integrity of a Protected Tree are exempt from this section as approved in writing by the Director of PlanningDirector of Development Services or his/her designee. EG. Fill or excavation may not occur within the canopy or drip line of a Protected Tree. Major changes of grade (i.e. three [3] inches or greater) within the canopy or drip line will require additional measures to maintain proper oxygen and water exchange with the roots. FH. Unless otherwise approved in writing by the Town, construction or construction related activity is prohibited under the canopy or drip line of Protected Trees. GI. Any trees removed shall be chipped and used for mulch on site or hauled off-site. Burning of removed trees, stumps, or foliage requires written approval by the Fire Department. HJ. Root pruning will be required when disturbance will occur under the drip line of protected Trees. This root pruning shall be completed a minimum of two (2) weeks prior to any construction activity within the drip line. IK. All tree maintenance techniques shall be in conformance with industry identified standards. Alternative maintenance techniques may be approved by the Town. JL. No person(s) or entity may use improper or malicious maintenance or pruning techniques which would likely lead to the death of the tree. Improper or malicious techniques include, but are not limited to, topping or other unsymmetrical trimming of trees, trimming trees with a backhoe, or use of fire or poison to cause the death of a tree. Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION Diagram A Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION 3.109 TREE SURVEY AND PRESERVATION PLAN A. Preliminary Plat and Preliminary Site Plans: A general survey identifying natural vegetation, trees, and anticipated tree losses shall be submitted with all preliminary plats for residential developments and all preliminary site plans for non-residential and multi-family developments within the Protected Area. The general tree survey can be included on the preliminary plat or preliminary site plan. The general survey shall include: 1. existing topography at five (5) foot intervals; 2. vegetation groups; 3. development plans; 4. specific trees that are twenty (20) inches and larger; and 5. photographic information is to accompany submission with sufficient data to convey which Trees are to remain as they correspond to the general survey. B. Final Site Plans and Final Plats: A detailed tree survey and tree preservation plan shall be submitted with all site plans and final plats. The detailed tree survey and tree preservation plan shall include the following: 1. The location, diameter, height, and common name of all single-trunk trees of eight six (86) inches diameter or greater, measured at four and one half (4½) feet above natural grade level, and at least twelve (12) feet high; and all multi-trunk trees having a total caliper width of eight six (86) inches, measured by combining the diameter of the largest stem or branch with one-half (½) the diameter of each additional stem or branch, all measured at four and one half (4½) feet above natural grade level, and at least twelve (12) feet high. 2. The location of the trunk and drip line, diameter, height, estimated age (not to be determined using invasive measures which might damage the tree), a reproducible color photograph, and common name of the Protected Trees proposed to be removed or transplanted. 3. Provide existing natural grade elevation and proposed final grade elevation at each location for each Protected Tree for which a Tree Permit is requested. 4. The location and dimensions of all existing or proposed public streets, alleys, rights-of-way, and utility easements. 5. The location of all existing or proposed property lines, lot lines, building lines, setback and yard requirements, any proposed building footprint or floor plan, and other special relationships or significant features on the proposed development plans, final plat and site plan of the development. 6. Existing and proposed site elevations, grades and major contours including a table listing all Protected Trees and their respective locations. 7. The information required herein shall be summarized in legend or table form on the tree survey and note the reason for removal or transplanting of the Protected Tree(s). Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION 8. The survey shall bear the stamp or seal of a registered surveyor relative to the location of any Protected Trees and shall bear the stamp, seal, or signature of a registered landscape architect, certified arborist, or arboriculturist relative to the specie(s) of any Protected Tree. 9. A detail tree survey shall be prepared by or under the supervision of a landscape architect, certified arborist, or certified forester. The following shall be on the tree survey: “I _____________________ being a landscape architect or arborist attest that the identification and size of trees identified on this survey are correct and that all Protected Trees have been shown. Signature: ____________________________ Date: ________________ 10. A detailed survey is only required for areas that are intended to be disturbed by the proposed development/redevelopment. A boundary of the area to be included in a detailed survey will be established with the approval of the general survey that is submitted with the preliminary plat or preliminary site plan. C. Field verification: Prior to written approval of the detailed tree survey and tree preservation plan, the applicant shall mark all trees to be preserved and notify (in writing) the Director of PlanningDirector of Development Services or his/her designee of the marking. The Director of PlanningDirector of Development Services or his/her designee shall inspect and verify the markings within seven (7) working days of his/her receipt of applicants’ notification. If the Director of PlanningDirector of Development Services, or his/her designee, has not contacted the land owner within ten (10) working days from the date of notification, the detailed tree survey and tree preservation plan submitted by the applicant is deemed approved. D. Preparation: Prior to the preconstruction meeting or obtaining a grading permit, all tree markings and protective fencing and standard erosion control measures (i.e. silt fence) must be installed by the owner and be inspected by the Director of PlanningDirector of Development Services or his/her designee. Approved silt fence may serve as protective fencing and must remain in place until the Town accepts the project. A stop work order will be issued at any time if Tree preservation requirements are not being met. E. Final Inspections: The owner shall notify the Director of PlanningDirector of Development Services or his/her designee for an inspection ten (10) working days prior to receiving a Certificate of Occupancy. Any deficiencies or dead trees shall be replaced prior to receiving the Certificate of Occupancy. 3.11 ENFORCEMENT The Town Landscape Architect shall be authorized to approve tree loss mitigation plans. The provisions of this section shall be enforced by the Landscape Architect and Code Compliance Officer. The Landscape Architect shall be an employee of the Town and certified as an arborist by the International Society of Arboriculture (ISA) or registered as a landscape architect by the Texas Board of Architectural Examine. 3.12 VIOLATIONS AND PENALITIES A. Any person(s) or entity causing the transplanting or removing of a tree without first obtaining an approved Tree Permit is in violation of this Ordinance. B. Each tree removed or transplanted without a permit shall constitute a separate offence. Violation of this Ordinance shall not constitute an exemption to the replacement requirements contained herein. C. A person commits an offense if the person critically alters a protected tree not meeting an exception listed in this section without first obtaining a tree permit from the Town. Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION D. A person commits an offense if the person critically alters a tree in violation of a tree permit. E. Any person who violates this section by critically altering a protected tree without first obtaining a tree permit from the Town, or by critically altering a tree in violation of the permit, or by failing to follow the tree replacement procedures, shall be guilty of a misdemeanor and upon conviction shall be fined $100.00 per caliper inch of the tree critically altered, not to exceed $500.00 per incident. The unlawful critical alteration of each protected tree shall be considered a separate incident and each incident shall subject the violator to the maximum penalty set forth herein for each tree. F. Any person, firm, corporation, agent or employee thereof who violates any provisions of this section other than those listed in above, shall be guilty of a misdemeanor and upon conviction hereof shall be fined not to exceed $500.00 for each incident. The unlawful critical alteration of each protected tree shall be considered a separate incident and each incident subjects the violator to the maximum penalty set forth herein for each tree. G. Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this section. H. Acceptance of improvements. The cityTown may refuse to accept any public improvements until the person pays all penalties for violations of this section; provided, however, that acceptance of public improvements shall be authorized before all trees shall be replaced if, with the Director of Development Services’ approval, the person furnishes the cityTown with a cash deposit or surety bond in the approximate amount of the cost to replace the tree. I. Certificate of occupancy. No certificate of occupancy (CO) shall be issued until any and all penalties for violations of this section have been paid to the cityTown. No CO shall be issued until all required replacement trees have been planted or appropriate payments have been made to the reforestation fund; provided, however, that a CO may be granted before all trees have been replaced if, with the Director of Development Services’ approval, the person furnishes the cityTown with a cash deposit or surety bond in the approximate amount of the cost to replace the tree. 3.10 PENALTIES FOR VIOLATION: A. Any person(s) or entity causing the transplanting or removing of a tree without first obtaining an approved Tree Permit is in violation of this Ordinance. B. Each tree removed or transplanted without a permit shall constitute a separate offence. Violation of this Ordinance shall not constitute an exemption to the replacement requirements contained herein. Tree, Protected - A tree that is determined to be healthy by the Director of PlanningDirector of Development Services, or his/her designee, and meets one of the following requirements: • Any tree, regardless of species, six (6) inches or larger in diameter when measured at a point four and one-half (4½) feet above the ground level and which normally attains a height of at least twelve (12) feet at maturity, and located within a 100-year floodplain. • Any tree, except those species listed below, eight (8) inches or larger in diameter when measured at a point four and one-half (4½) feet above the ground level and which normally attains a height of at least twelve (12) feet at maturity, and located within three hundred (300) feet of a 100-year floodplain. Item 9 CHAPTER 4 – DEVELOPMENT REQUIREMENTS SECTION 3 – TREE MITIGATION • A tree(s) twenty (20) caliper inches and larger, except those species listed below. • A Stand of Trees, except those species listed below. The following trees shall not be included in the above definition of Protected Trees: Silver Leaf Maple Acer saccharinum Hackbery, Texas Sugarberry Celtis laevigata Honey locust Gleditsia triacanthos Bois d’Arc Maclura pomifera Mimosa Mimosa sp. Mulberry Morus rubra White Poplar Poplus alba Cottonwood Populus deltoids Mesquite Prosopis glandulosa Willow Willow sp. Item 9 City Positive tree credits Min. replacement tree size Allen Positive Credits: 6 - 10" 1 tree credit; 10.1 - 15" 2 tree credits; >15" 3 tree credits; Negative Credits: 6-10": 2 negative credits per caliper inch; 10.1-15": 4 negative credits per caliper inch 3" Flower Mound 6-12" = 1 credit; 13-18" = 3 credits; 19-24" = 4 credits; 25-30" = 5 credits; >30" = 6 credits (one credit = one 2.5-3" tree)2.5-3" McKinney 6-8"= 2 tree credits; 9-15"= 3 tree credits; 16-30"= 4 tree credits; 31-46"= 5 tree credits; >47"= 8 tree credits (one credit = one 4" tree)4-6" Southlake 6-12"= 1 tree credit (canopy) or 2 tree credits (understory); >12"= 2 tree credits (canopy) or 3 tree credits (understory)2-4" Colleyville None listed 3" (ornamental) 6" (shade) Within Floodplain 6-12"= 1.5:1; 12.1-20"= 2:1; >20"= 3:1 0-300' outside flooplain 8-12"= 1:1; 12.1-20"= 1.5:1; >20"= 3:1 Individual tree (>300' outside floodplain)>20"= 3:1 Stand of trees (6 or more trees, 8" or greater each with combined 48" caliper)8" each, 48" total, 6 trees or greater within 20' of each other = 1:1 Within 100 year floodplain 6-12"= 1.5:1; > 12-24"= 2:1; >24-40"= 3:1; >40" = 4:1 plus council approval Outside 100 year floodplain 6-12"= 1:1; >12-24"= 1.5:1; >24-40"= 3:1; >40" = 4:1 plus council approval Frisco Coppell 1:1, up to 50% of required reparation.3"6-24" = 1:1; 24-40" = 10:1; >40" = approval from City Council and 10:1 Fairview None listed 1":1" for all protected trees only after all design alternatives have been exhausted.3" Prosper (Current) Plano >8" = 2 tree credits. Good for up to 1/3 of the required mitigation. Prosper (Recommended) 6-12"= 1 tree credit; 12.1-18"= 3 tree credits; 18.1-24"= 4 tree credits; >24"= 5 tree credits 3" 3"None 0-20% existing tree cover on lot = 70% to be preserved; 20.1-40% existing tree cover on lot = 60% to be preserved; 40.1-60% existing tree cover on lot = 50% to be preserved; 60.1-80% existing tree cover on lot = 40% to be preserved; 80.1-100 existing tree cover on lot = 30% to be preserved OR 1:1 replacement Requirements for replacement trees 0-20% existing tree cover on lot = 70% to be preserved; 20.1-40% existing tree cover on lot = 60% to be preserved; 40.1-60% existing tree cover on lot = 50% to be preserved; 60.1-80% existing tree cover on lot = 40% to be preserved; 80.1-100 existing tree cover on lot = 30% to be preserved OR 1:1 replacement >6" - one 3" tree per protected tree removed; Outside buildable lot AND >6" =1.5:1; Specimen tree (small tree: >13", medium tree: >19", large tree >25") = 2:1; Historic tree = 2.5:1; For unauthorized removal, tree replacement will equal: Protected - 5:1, Specimen - 10:1; Historic - 15:1 15.1 - 24" = replant 2" for each caliper inch removed; > 24" = replant 3" for each caliper inch removed. If negative credits are greater than positive credit then the owner must plant protected trees to meet or exceed tree credit number. 6-16"=1:1; >16"=2:1 8-30" = 1:1; >30" = 1.5:1 4" 3"<6"=0; 6-12"=1:1; 12-20"=1.5:1; >20.1"=3:1None Item 9 12/27/2017 Item No.Section Prosper Developers Council Comment (10/23/2017)Town Response (10/24/2017) 1 n/a Question regarding ordinance revision process: What is the purpose and need for increasing mitigation and preservation requirements in the ordinance? Residential development is already required to provide 4 caliper inches of trees on a 2,500 square foot lot. Many of the areas that are/have been developed in Prosper were open areas where there were few, if any trees. This means Prosper already sees an increase in quality nursery stock trees, even on lots where there were not trees, due to the requirements of the town's landscape ordinance in Chapter 4, Section 2. The update to the tree mitigation ordinance is attempting to bring Prosper more in line with the tree mitigation policies of comparable cities within the area. This update is also designed to incentivize developers to protect existing trees on development sites that may otherwise be removed by providing a positive tree credit for protecting existing trees. 2 n/a Ordinance proposal does not include tree planting credit provisions required by new state law: During the 85th Special Session, House Bill 7 was signed into law. (See Attached) The law becomes effective on Dec. 1, 2017. House Bill 7 amends the Local Government Code to require a municipality that imposes a tree mitigation fee for tree removal on a person's property to allow that person to apply for a credit for tree planting to offset the amount of the fee. The law prohibits a municipality from requiring a person to pay a tree mitigation fee for certain removed trees that are located on residential property and less than 10 inches in diameter. The law prohibits a municipality from prohibiting the removal of or imposing a tree mitigation fee for the removal of a tree that is diseased or dead or that poses an imminent or immediate threat to persons or property. The Town's current tree mitigation policy exempts those single-family and two-family lots contained within a plat of record and that have a Certificate of Occupancy from any mitigation. The proposed update does not change this policy and remains in line with H.B.7. Town policy states that any tree that is deemed to be dead or declining, as determined by a certified arborist or landscape architect, is exempt from mitigation. 3 3.3 Protected Tree: A tree outside of the floodplain should not be deemed "protected" until a measurement of 8 inches. This would be in keeping with the city's current standard. A 4 inch tree will likely grow to the 8 inch range within 4 years. This means, due to landscape requirements in Chapter 4, Section 2, the town already sees an increase of canopy in a very short period. Furthermore, the town's mitigation requirements already short the property owner because the future growth of the newly planted tree is not truly credited to the property owner. This is important when you consider that the town's landscape ordinance requires setbacks and irrigation to provide for the longevity of the newly planted tree, as well as requirements that newly planted trees must survive or be replaced. 6" is in line with standards found in comparable cities. Town of Prosper Tree Mitigation Update Tracker (Town staff response 2017-10-24) 1 Item 9 12/27/2017 Item No.Section Prosper Developers Council Comment (10/23/2017)Town Response (10/24/2017) 4 3.3A Historic Tree: • The diameter at breast height (dbh) should be increased to 48 inches. • How exactly can the town determine the age of the tree? • It would be inappropriate for Prosper to classify trees and mitigation of trees according to a measurement other than size. Terms such as historical or significant, etc. are subjective. • The description for the tree to be determined of historical significance by the council is subjective and raises questions of whether the ordinance constitutes a taking. o Only the property owner should be allowed to initiate an application for the tree to be deemed historical. Historic tree to remain at 40" DBH but will remove stipulation on age of tree. Will still require Town Council approval before removal is allowed. 5 3.3B Stand of Trees: What is the purpose of this classification? • Does Prosper intend to assess a different mitigation for trees in this designation? • 48 caliper inches equates to six 8 inch trees. 8 inch trees in a "stand" should face the same mitigation as a typical 8 inch protected tree. • Is there a credit offered for preserving a stand? • Listing trees in this designation to begin at 6 inches is too small. • A stand should include far more than 6 trees. This classification to be removed. 6 3.4C Historic Tree Preservation: Due to the nature of how a historic tree can be designated in the proposed ordinance, restricting the right of a property owner to remove their own tree, or in the case where they are allowed to remove the tree, charging the property owner such an excessive mitigation fee, raises concerns as to whether the ordinance may constitute a taking. Mitigation for a Historic Tree to be lowered from 1000% to 400%. Will still require Town Council approval. 7 3.5A A. Does the exception for a tree located on a single-family or two-family lot contained within a plat of record and having a Certificate of Occupancy also mean that the owner of an existing home is exempt for mitigation for tree removal on their property? • If so, the ordinance should include language to clearly state the exemption. • If not, the ordinance must add language to include the exception provided to existing one- family and two-family dwellings as listed in House Bill 7 from the 85th Special Session, law that becomes effective on Dec. 1. Yes, single-family or two-family lots are exempt from mitigation requirements. Language has been added for clarification. 8 3.5A Exceptions must include provisions provided by new state law: HB 7 prohibits a municipality from prohibiting the removal of or imposing a tree mitigation fee for the removal of a tree that is diseased or dead or that poses an imminent or immediate threat to persons or property. The law becomes effective Dec. 1, 2017. Town's current definition of "protected tree" states that it must be healthy to qualify for protected status. Will add language for clarification. 2 Item 9 12/27/2017 Item No.Section Prosper Developers Council Comment (10/23/2017)Town Response (10/24/2017) 9 3.5A Need for an Exception that recognizes the realities of residential construction — A Buildable Area exception should be added to the ordinance. The definition below is recommended: Buildable Area is defined as the portion of the property inclusive of the approved footprint of the building structure and projected 10 feet from the outside of building footprint. Buildable area shall also include those areas located on a property, as shown on the site plan, that are necessary for the construction of other improvements such as driveways, sidewalks, parking areas, and sufficient area to allow the normal and safe operation of construction equipment including disposal and removal of construction debris. Furthermore, the buildable area shall include all residential easements and rights-of-way. Reasons a Buildable Area exception is needed: • A home does not just appear on the site within the boundaries of the pad area and without disturbing the front setback. • At least a 10 foot buffer is needed around the building pad, especially for the large trees we are aiming to protect. Warranty companies require this due to possible damage to the foundation and to prevent damage caused by the tree abutting and impacting building surfaces. • Provisions must be made for driveways, sidewalks, construction debris collection and other required easements or rights of way. • Anything less than this forces even the most conscientious builder to pay mitigation fees that essentially amount to a taking. • A better way to do this is to mark the aforementioned areas on a site plan so trees that are able to be saved are clearly marked as are areas necessary for construction operations. A general tree survey is required during the early parts of design. This should be used as a starting point of determining if certain trees are desired to be preserved. During this time lots may be required to be adjusted to ensure proper measures have been made to protect those trees. An exception should not be made due to poor planning. 10 3.6D Mitigation Fees: Amount of the fee should be a set schedule and based on the actual cost of purchasing nursery stock trees. The section must also include tree planting credits provided by state law. The credit provision, summarized below, can be viewed in detail in House Bill 7 (See Attached). The credits required by the law actually provide a balanced approach and market based incentive for the residential developer or builder to plant trees instead of just paying a fee. During the 85th Special Session, House Bill 7 was signed into law. (See Attached) The law becomes effective on Dec. 1, 2017. House Bill 7 amends the Local Government Code to require a municipality that imposes a tree mitigation fee for tree removal on a person's property to allow that person to apply for a credit for tree planting to offset the amount of the fee. In line with standards found in comparable cities, mitigation fees will stay as are currently scheduled. 11 3.6D Do trees required by the landscape ordinance (Chapter 4, Section 2) count towards mitigation for trees removed? Many cities do this and it provides another market based incentive to plant trees. No, those tree are required by ordinance and are a separate requirement. Any tree saved and receiving positive credit may not be used to fulfill a separate requirement. 3 Item 9 12/27/2017 Item No.Section Prosper Developers Council Comment (10/23/2017)Town Response (10/24/2017) 12 3.7 Replacement Requirements: • A tree outside of the floodplain should not be deemed "protected" until a measurement of 8 inches. • Trees measured at 12.1 should actually start that replacement designation at 13 inches. It can be problematic to ensure the ".1" measurement is accurate. The same process should be used for the next higher class as well. • Mitigation ratios should be no higher than 100%. Due to landscape requirements in Chapter 4, Section 2, the town already sees an increase of canopy in a very short period. Furthermore, the town's mitigation requirements already short the property owner because the future growth of the newly planted tree is not truly credited to the property owner. This is important when you consider that the town's landscape ordinance requires setbacks and irrigation to provide for the longevity of the newly planted tree, as well as requirements that newly planted trees must survive or be replaced. • Mitigation ratios of 150, 300 and 1000% are excessive, raising concerns that the ordinance may constitute a taking. A 40 inch tree mitigated at 1000% would cost tens of thousands of dollars. • 6” is in line with comparable cities • Measurement will be changed to "greater than 12 inches, greater than 24 inches, etc." for clarity. • Requiring over 100% mitigation, dependent on tree size, is in line with the current ordinance and other comparable cities. Standard to remain is described in proposed update. • Town will reduce mitigation rate of 1000% to 400%. Removal of a tree 40” or greater will still require Town Council approval. 13 3.9B Protective and Vertical Barricades: Requirements of this provision are excessive and can greatly increase construction costs needlessly. Plastic fencing on wood posts around the canopy drip ring is adequate protection. For groups of trees, a fence line section off the stand is adequate. Furthermore, the town should ensure that access areas of shade provided under the tree canopy are not prohibited as workers on the site need to make use of the shaded area during breaks. Will change "vertical barricades" to "vertical posts" for clarification. Plastic fencing is allowed as a "solid material". Areas under trees are only off limits to any cleaning, storage or construction related activities, still allowed to be used as shade for workers. 14 3.11 Enforcement: The section's language should be changed to account for incidents that are accidents, rather than an action of intent. Section 3.11 describes who is authorized to enforce this ordinance. If referring to Section 3.12, the Town does not have the ability to determine what was and what was not caused by accident or negligence. 4 Item 9 Page 1 of 3 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 23, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding Commercial Antennas and Wireless Communication Facilities. (Z17-0023). Background and Purpose of the Proposed Amendments: The Zoning Ordinance limits the location of commercial antennas and the support structures, aka cell towers, to the Retail, Commercial, Corridor Commercial and Industrial zoning districts upon approval of a Specific Use Permit with conditional development standards. As the Town continues to grow and the demand on wireless communication systems increases, it has become apparent the Planning & Zoning Commission and Town Council need the flexibility to consider the appropriateness of these facilities in residential zoned districts and other commercial districts such as the Office, Downtown Office, Neighborhood Service, Downtown Retail, and Downtown Commercial Districts. The proposed amendment does not mean the “cell towers” would be permitted by right in residential areas and the additional non-residential districts, but allows the P&Z and Town Council to consider Specific Use Permit (SUP) requests on a case-by-case basis. Because zoning is discretionary, there is no obligation for the P&Z to recommend approval and Town Council to approve the requests. Approximately 76% of the Town has residential zoning which precludes the option to consider an application for a wireless communication facility. In many instances, the residentially-zoned area may be near a floodplain, open space or occupied by a permitted non-residential use such as a religious facility, school or other public facility. Staff is also proposing an amendment to allow temporary wireless communication structures upon approval of a Specific Use Permit. Currently, the Zoning Ordinance does not recognize a temporary structure, so there is no process to consider an application. The purpose of this amendment was requested by the developer of Windsong Ranch. Due to rapid growth and the consequential increase in voice and data transmission, this area of the town is experiencing an immediate need for increased service. Prosper is a place where everyone matters. PLANNING Item 10 Page 2 of 3 A franchise provider is seeking a site for a permanent facility on the west side of the town, but a temporary facility within Windsong Ranch is needed to improve service to the residents as soon as possible. Should this amendment to the Zoning Ordinance be approved, a subsequent SUP request for this temporary structure will be considered by the Planning & Zoning Commission and Town Council. Staff is also recommending the following changes: • Amend the terms, “Antenna, Commercial” and “Antenna and/or Antenna Support Structure, Commercial” to “Wireless Communications and Support Structure” to reflect current terminology. • In lieu of mandating that the distance of a support structure from a residential zoned district or an area shown as residential on the Future Land Use Plan, be at least equal to the height of the structure, it is recommended that the SUP process be utilized to determine the appropriate location of the structure. The residential zoned area may be an open space or occupied by an institutional use, and may not be impacted by the support structure. • Clarify that the height of the support structure is determined by the SUP and not by the base zoning district. • Allow the SUP process to determine the appropriate screening of the ground-mounted equipment. Summary and Wording of Recommended Amendments: 1. In Section 1, “Use of Land and Buildings” of Chapter 3, “Permitted Uses and Definitions,” change the term, “Antenna and/or Antenna Support Structure, Commercial” to “Wireless Communications and Support Structure” to reflect current terminology. 2. Permit the use with a SUP (Conditional Development Standard #11) in all Zoning Districts. 3. Delete the terms and definitions of “Antenna, Commercial” and add definition for “Wireless Communications and Support Structure” to read, an antenna and its supporting structures, and any appurtenances intended for transmitting or receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, data transmission, television signals, or other or similar forms of electronic communication.” 4. Amend the Conditional Development Standard #11 as follows: (Strikethrough – deleted text; Italics – new text). 11. Antenna, Commercial “Wireless Communications and Support Structures” Permitted by Specific Use Permit in the referenced districts subject to the following standards: a) No commercial antenna shall be located within a distance equal to or less than the height of such tower from any residential structure or from any area zoned residential, or shown as residential on the current Future Land Use Plan. Such distance shall be measured in a straight line from the closest point of the tower to the closest point of such area or residential structure. This requirement does not apply to a stealth antenna. The distance of a wireless communications support structure from an adjacent property line shall be determined by the Specific Use Permit b) The height of the support structure shall be determined by the Specific Use Permit. c) Additional antennas may be placed on a commercial antenna tower wireless communications support structure with an existing Specific Use Permit without Item 10 Page 3 of 3 approval of a separate Specific Use Permit subject to approval of a final plat and site plan (as necessary) for the property. d) Satellite dishes, antennas and cellular equipment shall be screened from rights-of-way and adjacent properties. Screening of the ground-mounted equipment shall be determined by the Specific Use Permit. e) Temporary Wireless Communications and Support Structures shall be subject to the above-noted conditions; however, wireless communications, support structures and related equipment used on a temporary basis in conjunction with a special event, emergency situation, or equipment failure are not subject to the above-noted requirements, but shall be required to obtain any and all permits as required by the Town. Legal Obligations and Review: Notification was provided in the newspaper in accordance with the Zoning Ordinance and state law. To date, Town staff has not received any correspondence. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality. Attached Documents: 1. Ordinance Planning & Zoning Commission Recommendation: At their January 2, 2018 meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 7-0. Town Staff Recommendation: Town staff recommends that the Town Council approve an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding Commercial Antennas and Wireless Communication Facilities. Proposed Motion: I move to approve an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding Commercial Antennas and Wireless Communication Facilities. Item 10 TOWN OF PROSPER, TEXAS ORDINANCE NO. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, BY AMENDING SUBSECTION 1.3(D), “TRANSPORTATION, UTILITY, AND COMMUNICATION USES” OF SUBSECTION 1.3, “SCHEDULE OF USES” OF SECTION 1, “USE OF LAND AND STRUCTURES” OF CHAPTER 3, “PERMITTED USES AND DEFINTIONS”; AMENDING “CONDITIONAL DEVELOPMENT STANDARD #11,” OF SUBSECTION 1.4, “CONDITIONAL DEVELOPMENT STANDARDS,” OF SECTION 1, “USE OF LAND AND BUILDINGS,” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS”; AMENDING SUBSECTION 2.2 OF SECTION 2, “DEFINTIONS,” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS”; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s Zoning Ordinance to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, existing Subsection 1.3(D), “Transportation, Utility, and Communication Uses“ of Subsection 1.3, “Schedule of Uses” of Section 1, “Use of Land and Structures” of Chapter 3, “Permitted Uses and Definitions,” is amended by repealing the term, “Antenna and/or Antenna Support Structure, Commercial,” and replacing it with a new term, “Wireless Communications and Support Structures,” and designating such term as permitted in all Zoning Districts as “Conditional Development Standard #11.” Item 10 Ordinance No. 18-__, Page 2 SECTION 3 From and after the effective date of this Ordinance, existing Subsection 1.4(11), “Antenna, Commercial,” of Subsection 1.4, “Conditional Development Standards,” of Section 1, “Use of Land and Structures” of Chapter 3, “Permitted Uses and Definitions,” is hereby repealed in its entirety and replaced with new Subsection 1.4(11), “Wireless Communications and Support Structures,” to read as follow: “11. Wireless Communications and Support Structures Permitted by Specific Use Permit in the referenced districts subject to the following standards: a) The distance of a wireless communications support structure from an adjacent property line shall be determined by the Specific Use Permit. b) The height of the support structure shall be determined by the Specific Use Permit. c) Additional antennas may be placed on a wireless communications support structure with an existing Specific Use Permit without approval of a separate Specific Use Permit subject to approval of a site plan as necessary for the property. d) Screening of the ground-mounted equipment shall be determined by the Specific Use Permit. e) Temporary Wireless Communications and Support Structures shall be subject to the above-noted conditions; however, wireless communications and support structures and related equipment used on a temporary basis in conjunction with a special event, emergency situation, or equipment failure are not required to obtain a Specific Use Permit nor subject to the above- noted requirements but shall be required to obtain any and all permits as required by the Town.” SECTION 4 From and after the effective date of this Ordinance, the term and associated definition of “Antenna, Commercial” contained within existing Subsection 2.2 of Section 2, “Definitions,” of Chapter 3, “Permitted Uses and Definitions,” of the Town’s Zoning Ordinance, as amended, is hereby repealed in its entirety and replaced with the following new terms and associated definitions to read as follows: … “Wireless Communications and Support Structures - An antenna and its supporting structures, and any appurtenances intended for transmitting or receiving electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals, data transmission, television signals, or other or similar forms of electronic communication. Item 10 Ordinance No. 18-__, Page 3 … Temporary Wireless Communications and Support Structures - Wireless communications and support structures as defined in this Section intended to provide service for a limited period of time per the conditions of a the regulating Specific Use Permit or intended to provide service on a temporary basis in conjunction with a special event, emergency situation, or equipment failure.” SECTION 5 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, 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 6 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 7 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 8 This Ordinance shall become effective from and after its adoption and publication as required by law; however, the provisions of this Ordinance shall not be applicable to any residential development or tract of land for which one or more final plats has been approved by the Town as of the effective date of this Ordinance. Item 10 Ordinance No. 18-__, Page 4 DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 23rd DAY OF JANUARY, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 10 Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – January 23, 2018 Agenda Item: Discussion on proposed amendments to the Sign Code. (MD17-0009) Background/Description of Agenda Item: The Town Council received a briefing on this item during their December 12, 2017, meeting, when a comprehensive re-write of the Sign Code was presented. As noted during that meeting, the United States Supreme Court, in 2015, issued an opinion about local government sign regulations that literally upended years of precedent, resulting in every local government being required to review and amend its sign regulations. In addition with the increase in non-residential development in the Town, certain aspects of our current code have been tested, resulting in certain retailers asking for variances – most notably the maximum height of wall signs. And, as more commercial signs have been added to the Town’s corridors, staff desires to present a code that balances the need for property/business identification vs. visual clutter and distractions to drivers. The key change in response to the Supreme Court opinion is amending the code to be “content neutral” to the greatest extent possible. For example, the code cannot classify the sign by the message, such as limiting banners stating “Grand Opening” or “Now Hiring;” off-premise stake signs for the purpose of “Garage Sale,” or “Builder Directional.” With the restriction of no longer controlling the content/message of signs, one of the major changes will be prohibiting off-premise signs. In recognition of recent requests and approvals for taller wall signs on the facades of larger commercial anchor buildings, staff is recommending the current range of wall sign height of three (3)feet to five (5) feet be amended as follows: Height of building Maximum Height of Wall Sign Less than twenty feet (20’) Four feet (4’) Between twenty feet (20’) and thirty feet (30’) Six feet (6’) Greater than thirty feet (30’) to fifty feet (50’) Eight feet (8’) Greater than fifty feet (50’) Ten feet (10’) Prosper is a place where everyone matters. PLANNING Item 11 Page 2 of 2 Signs that will be prohibited: • Balloons/Gas-filled figures (this is a community/aesthetic recommendation, not due to the Court opinion). An option could be to limit these signs for two (2) weeks for grand openings only (but the content of the message on the balloon/inflatable figure could not be controlled) • Temporary off-premise signs, such as o Residential (builder)/Civic Directional Sign o Stake Sign o Garage Sale Sign Other proposed amendments include: • On monument signs with digital messages: o limit size of digital sign display area to 50% of total sign area (32 sq. ft. for a maximum 64 sq. ft. sign; o limit the location to properties abutting US 380, Preston Rd, and the DNT/Dallas Parkway; and o limit light emittance • Remove minimum size of graphics/text on a sign • Amend criteria for political signs to be consistent with the Texas Election Code by permitting six square foot signs on public property polling locations during, on, and between the early period voting and voting day • Amend Residential signs to include, Home Improvement Signs, Residential Real Estate Signs, and Yard Signs for content neutral purposes • Amend Wood Frame Signs o rename to Temporary Sign (on-premise); o decrease the maximum effective sign area from 96 square feet to 64 square feet; and o revise the removal criteria to allow signage until 90% of finish out spaces within a shell building have received a Certificate of Occupancy • Allow new sign types such as o Blade Signs - signs hanging above walkways; o Downtown Signs - smaller than monument signs in recognition of smaller lots and structures in the downtown area; and o Incidental Signs, such as on-premise directional signs • Amend the variance process by o Providing a more definitive process for seeking a waiver to the requirement, and o Maintaining Town Council Public Hearing and adjacent property owner notification, but eliminating notice in newspaper, since it not required by state law Attached Documents: 1. Proposed Draft Sign Code Town Staff Recommendation: Town staff recommends the Town Council provide feedback on the proposed amendments. Following Council input, staff will provide the draft copy to the Prosper Developers Council for their review and feedback. Item 11 Latest Revision 1/17/2018 SIGN ORDINANCE DRAFT Item 11 1 | Page Table of Contents Section Subsection Heading Page 1.01 Purpose 4 1.02 Authority and Jurisdiction 4 1.03 Definitions 4 1.04 Permit Requirements 10 A Permit Required 10 B Application 10 C Fees 10 D Work without a Permit 10 E Permit Expiration 10 1.05 Sign Contractor Registration 11 A Requirement 11 B Timeframe 11 C Fees 11 D Violations 11 1.06 Sign Contractor Certificate of Insurance/Bond 11 A Requirement 11 B Cancellation 11 1.07 Inspections 12 A Compliance Inspections 12 B Periodic Inspections 12 C Notice of non-compliance 12 D Order of Removal 12 1.08 Sign Specifications and Design 12 A Compliance 12 B Visibility 13 C Restrictions 13 D Multiple Signs on a Property or Building 13 E Independent School District (ISD) / Town of Prosper Signage 13 1.09 Sign Measurement 15 A Area 15 B Multiple Elements 16 C Height 17 D Supports 17 Item 11 2 | Page 1.10 Prohibited Signs 18 1.11 Removal/Impoundment of Prohibited Signs 19 A Notification 19 B Expired Signs 19 C Failure to Comply 19 D Town-owned Property 19 1.12 Criteria for Permissible Signs 20 A Attached Signage 20 (1) Awning Sign 20 (2) Banner Sign 20 (3) Blade Sign 22 (4) Canopy Sign 22 (5) Outdoor Machine Sign 23 (6) Projecting Sign 24 (7) Vehicular Sign 24 (8) Wall Sign 25 (9) Window Sign 26 B Freestanding Signage 27 (1) Downtown Sign 27 (2) Flags 28 (3) Human Sign 29 (4) Incidental Sign 29 (5) Sign Related to Restaurant Uses 31 (6) Monument Sign 31 (7) Political Sign 34 (8) Residential Sign 35 (9) Sandwich Board (A-frame) Sign 36 (10) Scoreboard 36 (11) Subdivision Entry Sign 37 (12) Unified Development Sign 38 (13) Temporary Sign 40 1.13 Sign Coordination Plan 41 A General 41 B Purpose 41 C Application 41 D Procedure 41 1.14 Unified Development Zone (UDZ) 42 A General 42 B Purpose 42 C Application 42 D Procedure 42 Item 11 3 | Page 1.15 Special Purpose Sign District (SPSD) 42 A General 42 B Purpose 42 C Application 43 D Procedure 43 1.16 Sign Requirements Relief Procedure 43 A Petition for Waiver 43 B Application 43 C Procedure 43 1.17 Violations in or on Public Property 44 1.18 Recovery of Impounded Signs 45 1.19 Neglected and Abandoned Signs 45 1.20 Nonconforming Signs 46 1.21 Appeals 47 Item 11 4 | Page 1.01 PURPOSE The purpose of this Article is to regulate the location, size, construction, duration, use, and maintenance of all signs within the Town of Prosper and its extraterritorial jurisdiction on a content-neutral basis. The general objectives of this Article are to balance the rights of individuals to convey their messages through the lawful use of signs with the rights of the public to be protected from potential harm, to promote the health, safety, and welfare of the general public, and to aid in achieving the following goals: A. Safety. To promote the safety of persons and property by providing that signs do not: (1) Create a hazard due to collapse, fire, decay, and/or abandonment; (2) Obstruct firefighting or police observation; or, (3) Create traffic hazards by confusing or distracting pedestrians, motorists, or cyclists. B. Provide information. To promote the efficient transfer of information through the effective use of signs, with messages that: (1) Afford priority to the conveyance of public safety messages; (2) Allow businesses and services to identify themselves to the public; (3) Allow potential customers to locate a business or service; and, (4) Ensure that the right of free speech is preserved. C. Environmental preservation and aesthetics. To protect the public welfare and to preserve and enhance the appearance and economic value of the built environment, by providing that signs: (1) Do not interfere with any scenic views; (2) Do not create visual clutter to persons using the public rights-of-way; (3) Do not create a nuisance to occupants or customers of adjacent property by sign size, height, brightness, or materials; and, (4) Do not have a detrimental effect on land or property values. D. Any pictures or graphics depicted in this ordinance are not intended to portray the content or intended message of a sign but are intended only to provide a visual example of the applicable requirements. 1.02 AUTHORITY AND JURISDICTION A. The terms and conditions of this Ordinance shall apply to all signs located within either the Town of Prosper or its extraterritorial jurisdiction (ETJ), pursuant to Chapter 216 of the Texas Local Government Code as amended. The Administrative Official shall be responsible for interpreting and administering this Ordinance. Allegations of errors in orders, decisions, and/or determinations by the Administrative Official in the administration of this Ordinance shall be handled in accordance with Section 1.21 of this Ordinance. B. Signs located on property owned by the Town of Prosper, an Independent School District or any other governmental agency are not required to meet the requirements of this Item 11 5 | Page ordinance. However, signs located on property owned by the Town of Prosper shall be permitted only upon approval of the Town Manager. 1.03 DEFINITIONS For the purpose of this Ordinance, the following words shall have the following definitions ascribed to them. Words not defined in this Ordinance shall be given their common and ordinary meaning. Abandoned Sign. A sign that remains in place and continues to advertise a business, lessor, service, owner, product, or activity that has ceased operations or has closed for thirty (30) days or more, or pertains to a time, event, or purpose which no longer applies. Administrative Official. A Town employee appointed by the Town Manager to interpret and/or enforce the regulations of this Ordinance. Attached Sign. Any sign affixed to, applied on, or supported by any part of a building located on-premise. Awning Sign. A permanent sign that is directly applied, attached, or painted onto an awning, which is a projection, shelter, or structure of canvas, metal, wood, or other similar approved material, which covers a pedestrian walkway and is intended for protection from the weather or as a decorative architectural feature. Banner Sign. A temporary attached sign having characters, letters, or illustrations applied to plastic, cloth, canvas, or other light fabric, with the only purpose of such non-rigid material being for background. Billboard Sign. A large freestanding sign, generally supported by a metal frame, and consisting of two (2) parallel sign faces which are oriented in opposite directions, used for the display of posters, printed, or painted advertisements that generally direct attention a location other than the premise on which the sign is located. Blade Sign. A permanent sign mounted under an awning or other roof-like structure of a building façade that extends perpendicular to the normal flow of pedestrian traffic. Building. Any structure that has a roof supported by columns or walls for shelter, support, or enclosure intended for persons, animals, or material goods for any use or occupancy. When separated by dividing walls without openings in a manner sufficient to prevent the spread of fire, each portion of such structure separated may be deemed a separate building. Canopy Sign. A permanent sign that is applied, attached, painted, or affixed on a canopy or other roof-like cover over gasoline fuel pumps, vacuum area at car detail facilities, drive-through ATMs (when structure is not attached to the machine), or other areas where services are provided to a patron in a vehicle in which the structure is intended for protection from the weather or as a decorative embellishment. Certificate of Occupancy. An official certificate issued by the Town which indicates conformance with building, zoning, and health safety regulations and authorizes legal use and occupancy of the premises for which it is issued. Changeable Electronic Message/Reader Board Component or Sign (CEMS). A permanent sign or portion of a permanent sign designed to allow advertising or wording to be changed at periodic intervals, either manually or electronically, and is operated whereby light is turned on and off intermittently. This definition includes any illuminated sign in which such illumination is Item 11 6 | Page not kept stationary or constant in intensity and color at all times when said sign is in use, including a light emitting diode (“LED”) or digital sign. A term “changeable electronic message/reader board sign” does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard. Dilapidated. Any surface element, background, panels, or support of any sign that has finished materials that are missing, broken, bent, cracked, decayed, dented, harmful, hazardous, illegible, leaning, splintered, ripped, torn, twisted, or unsightly. Dilapidated is further defined as when the sign or its elements are not in compliance with the requirements of the National Electrical Code and/or the International Building Code currently adopted by the Town. DNT/US 380 Corridors. The DNT/US 380 corridors includes the Dallas Parkway/Dallas North Tollway right-of-way and/or the University Drive/US 380 right-of-way. Downtown Sign. A freestanding permanent sign fabricated by using one or more visible posts to support the sign body. Elevations. Drawings to scale of the external face of a building or structure. Effective Sign Area. The area of the sign that is utilized for display of information, does not include the framework or base of the sign. Façade. Any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in directions within forty-five (45) degrees of one another, they are to be considered as part of a single façade. Flag. A piece of fabric attached to a staff or cord on one (1) end and generally used as a symbol of a nation, state, political subdivision, or organization. Flagpole. A freestanding device permanently placed in the ground for the purpose of flying a flag of the nation, state, political division, or organization. Frame Duration. The time during which the frame continues on a CEMS. Government/Regulatory Sign. Any sign for the control of traffic or for identification purposes, street signs, warning signs, railroad crossing signs, and signs of public utility and service companies indicating danger or construction, which are erected by or at the order of a public officer, employee or agent thereof, in the discharge of official duties. Graffiti. Pictures, words, slogans, images, or other artwork painted, drawn, scratched, or applied in any manner to exterior walls, fences, structures, vehicles, stone, statues, buildings, or other items in public view. Graffiti includes the illegal or unauthorized defacing of a building, wall, or other edifice or object by painting, or otherwise, marking it with words, pictures, symbols, advertising, logos, relations with a group, indecent/vulgar images, or offensive language. Human Sign. Any hand-carried or held sign, symbol, or display on persons visible from the public right-of-way, which may include persons dressed in costume. Impounded Sign. A sign that is legally removed by the Administrative Official in accordance with the provisions of this Ordinance. Incidental Sign. A sign that is normally incidental to the allowed use on the property such as, but not limited to, directional signs, entrance, exit, or overhead clearance. Item 11 7 | Page Logo. Any registered or recognized design, insignia, or other mark which is used in advertising to identify an organization, individual, company, or product. Major Thoroughfare. A four (4) to six (6) lane divided roadway measuring a minimum 120 feet from right-of-ways, per the Town of Prosper Thoroughfare Design Standards. Minor Thoroughfare. A four (4) lane divided roadway measuring a minimum 90 feet and a maximum 110 feet from right-of-ways, per the Town of Prosper Thoroughfare Design Standards. Mechanical Sign. Any sign which rotates, shakes, or moves by means of a motor, battery, or other means. Menu Board Sign. A permanent freestanding sign used in conjunction with a drive-through or drive-in for patrons who remain in a vehicle. Merchandise Display. Any goods, wares, merchandise, or other advertising object or structure suspending from any building, pole, structure, sidewalk, parkway, driveway, parking area, or fuel pump island for the purpose of advertising such items. Message Transition. The process or period of changing from one (1) message to another on a CEMS. Model Home Monument. A temporary freestanding sign located within a residential district on a lot containing either a model home that is open to the public for view by customers or a construction or sales trailer for purpose of builder identification. Monument Sign. A permanent freestanding sign that is supported from grade to the bottom of the sign, having or appearing to have a solid and opaque base independent of the principle building or structure, and generally used to identify the name of a business and/or development on the property. Multi-Tenant Monument Sign. A permanent freestanding sign that is supported from grade to the bottom of the sign, having or appearing to have a solid and opaque base independent of the principle building or structure, and generally used to identify multiple businesses within a single lot. Neglected Sign. A sign that has rust, loose parts, or damage as in missing panels, burned out lights, missing letters or characters, faded from its original color, or supports or framework with missing parts and is generally not maintained. Nonconforming Sign. A sign and its supporting structure which do not conform to all or part of the provisions of this Ordinance. Non-Residential Use. Any structure or use not included in the definition of ‘Residential Use’ contained in this Ordinance including, but not limited to, a home-builder model home, a temporary sales trailer, and an apartment leasing office. Notice. A notice required by this Ordinance shall be sufficient if it is submitted by personal delivery, registered or certified mail with return receipt requested, and/or sending the notice through the United States Postal Service. Obscene Sign. A sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. Obsolete. No longer produced or used; out of date. Item 11 8 | Page Off-Premise Sign. A sign that advertises, promotes, or pertains to a business, person, organization, activity, event, place, service, product, etc. at a location other than where the sign is located. On-Premise. The property or location on which a business, person, organization, activity, event, place, service, product, etc. is located. Outdoor Machine Sign. A sign located on an outdoor machine, device, or equipment which may include, but are not limited to, coin-operated vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automotive vacuum cleaners, amusement rides, and similar machines, devices, or equipment. Person. Any person, firm, partnership, corporation, company, organization, or business entity of any kind. Pole Sign. A freestanding sign which is constructed on a vertical framework consisting of one (1) upright support secured in the ground. Political Sign. A temporary sign announcing or supporting political candidates or issues in connection with a national, state, or local election. Portable Sign. Any sign not permanently attached to the ground or to a building, which is designed to be easily transported or conveyed to different locations. This term includes, but is not limited to: signs on wheels or affixed to trailers or skids, tent signs, sandwich board (A- frame) signs, T-shaped signs, airborne signs, and similar devices. Premise. A lot, parcel, tract, or plot of land together with the buildings and structures thereon. Prima facie. Accepted as correct until proven otherwise. Prohibited Sign. Signs that do not comply with this or other applicable Ordinances. Signs that are otherwise not allowed within Town boundaries. Projecting Sign. A permanent attached sign that is wholly or partially dependent upon a building for support and extends more than twelve (12) inches from said building, generally at a right angle. Pylon Sign. A permanent freestanding sign that has two (2) or more supports and is permanently affixed to the ground by such supports, but not having the appearance of a solid base. Residential Use. A structure where the primary purpose is to provide a permanent place of residence to an individual or family. Residential Yard Sign. An on-site temporary residential sign used to publicize or announce information at the discretion of the homeowner or tenant of the property such as, but not limited to home improvement signs, residential real estate signs, or school affiliation signs. Revolving Sign. A sign that turns, spins, partially revolves, or completely revolves 360 degrees on an axis. Right-of-Way. The area on, below, or above a public roadway, highway, street, public sidewalk, waterway, or utility easement in which the Town has an interest. Roof Sign. A sign mounted on and supported by the roof portion of a building, above the uppermost edge of a parapet wall and is supported by the building, or a sign that is painted directly upon the roof or top of a building. Item 11 9 | Page Sandwich Board (A-frame) Sign. A portable sign consisting of two (2) panels of equal size, which are hinged at the top and placed on the ground or pavement so as to be self-supporting. Scoreboard. A sign located on or adjacent to an athletic field or stadium which is used to display information pertaining to an event at the field or stadium. Sculpted Aluminum Panel. An aluminum sign panel with text or graphic depictions cut out from the panel, typically with a translucent material covering the cut-out from the inner side of the panel. Searchlight. Any use of lighting intended to attract the general public by the waving or moving of light beams. Sign. Any form of publicity or advertising which directs attention to an individual, business, commodity, service, activity, or product, by means of words, figures, numerals, emblems, devices, trade names, or trademarks, or other pictorial matter that communicates information of any kind to the public. Sign Coordination Plan. A document used to determine consistency and uniformity among signs, their overall location(s) on a given property, and the relationship of the signs to surrounding existing, proposed, and future improvements. Sign Variance. An official written request to the Town Council to allow exceptions to regulations or requirements of this Ordinance. Special Purpose Sign District (SPSD). An overlay district approved by Town Council that exclusively addresses sign regulations within a Unified Development Zone. Strip Center. A commercial building comprised of multiple, individual businesses on a single lot where the primary entrance for each tenant is accessed from the outside. Subdivision. The division of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. Subdivision Entry Sign. A sign mounted to a screening wall or engraved into a masonry façade used to identify a residential development. Temporary Sign. Any sign intended for display for a limited period of time and is designated with a timeframe as referenced in this Ordinance. Town. The Town of Prosper. Town Manager. The Town Manager and/or other Town employee designated by the Town Manager. Unified Development Sign. A freestanding permanent sign that is supported from grade to the bottom of the sign, having or appearing to have a solid and opaque base, independent of the principle building or structure, and generally used to identify the name of multiple non- residential tenants within a Unified Development Zone. Unified Development Zone (UDZ). Multiple lots depicted on the same Site Plan that will be united through common building architecture, building color, building materials, signage, landscaping, access, and parking on contiguous parcels. Vehicle. A motorized machine on wheels, treads, or runners by which any person, material, commodity, or property is or may be transported. Item 11 10 | Page Vehicular Sign. A sign painted upon or applied directly to (including magnetic) any truck, car, bus, trailer, boat, recreational vehicle, motorcycle, or other vehicle. Vehicular signs shall exclude bumper stickers, license plates, and inspection and registration stickers. Wall Sign. A permanent sign affixed to or painted on an exterior wall and extending not more than twelve (12) inches from the façade of any building to which it is attached, supported throughout its entire length by the building face. Wind Device. Any pennant flag, streamer, spinner, balloon, or similar device made of cloth, canvas, plastic, or any flexible material designed to float or move freely. Window Sign. A sign affixed to any surface of a window (internal or external) or is located within three (3) feet from the interior window of any establishment. Wood Frame Sign. A temporary freestanding sign that is used to advertise new or future improvement or the sale of the commercial property on which the sign is located. In no case shall a Wood Frame Sign contain information pertaining to off-premise use. Although Wood Frame Signs are generally constructed of wood, the definition does not exclude metal or plastic signs used for the same purpose. 1.04 PERMIT REQUIRMENTS A. Permit Required. No sign, other than those listed in Section 1.12 of this Ordinance as exempt from the requirement of permit, shall be constructed, placed, attached, altered, displayed, and/or secured to the ground, any building, and/or any structure, until a permit for such sign has been issued by the Development Services Department of the Town of Prosper. In no event shall a permit be required for any government/regulatory sign, and a government/regulatory sign may be placed in the public right-of-way. B. Application. (1) An application for a sign permit may be obtained from the Development Services Department of the Town of Prosper. The Administrative Official shall complete the review of an application for a sign permit within thirty (30) days of the receipt of said application by the Town. A permit shall be approved if a proposed sign conforms to all Town Ordinances and any currently adopted Building Codes that may be applicable. (2) A diagram shall be provided showing the location of the sign on the property, any applicable dimensions of the proposed sign, as well as any applicable proposed electrical connections. (3) Any sign may be required to provide engineer sealed plans, at the discretion of the Administrative Official, upon review. (4) Incorrect information shall be grounds for revocation of the proposed permit. (5) Plan review comments not addressed within ninety (90) days of comments being sent shall result in the voiding of said permit. C. Fees. (1) Fees for sign permit applications shall be assessed in accordance with the Town’s currently adopted fee schedule. Item 11 11 | Page (2) Non-profit organizations are exempt from any applicable permit fees for temporary signage. They are, however, required to obtain a permit (if applicable) and comply with Ordinance regulations. D. Work without a Permit. A fee of two (2) times the amount of the permit fee shall be assessed for any work done without or prior to the issuance of a permit. E. Permit Expiration. (1) A permit for a sign shall expire if the construction of said sign is not completed and inspected within 180 days from the date the permit is issued. (2) Additional time may be approved by the Administrative Official with just cause, upon receipt of written request prior to expiration of said permit. (3) Upon expiration of a sign permit, any work conducted will therefore be considered as work without a permit and shall be removed per Section 1.11(B) of this Ordinance or shall be re-permitted with additional fees to be assessed. 1.05 SIGN CONTRACTOR REGISTRATION A. Requirement. A sign contractor who is registered with the Town of Prosper under this Section is authorized to install, construct, or maintain any sign within the Town of Prosper as well as contract for such service. To be registered under this Section, a sign contractor shall submit a Contractor Registration Form, along with a valid state trade license (when applicable), a valid photo identification card, and proof of general liability insurance to the Development Services Department. A registration will be processed if all requirements of Town Ordinances are met. B. Timeframe. A registration is valid for the calendar year in which it was submitted. C. Fees. Please refer to the Town’s approved fee schedule for any applicable registration fees. D. Violations. The registration of any sign contractor may be cancelled at the discretion of the Administrative Official, when such contractor repeatedly violates the requirements of this Ordinance. Conviction in court, whether appealed or not, on two (2) or more violations over a period of twelve (12) months, shall constitute evidence of repeated violation. Any registration thus cancelled shall not be renewed for such contractor, or anyone operating in collaboration with such contractor, until all such violations have been corrected. Once violations have been corrected and approval has been received by the Administrative Official, the contractor's registration may be renewed upon furnishing the bond required in Section 1.06. 1.06 SIGN CONTRACTOR CERTIFICATE OF INSURANCE/BOND A. Requirement. Item 11 12 | Page No registration for the installation, placement, and/or maintenance of signs shall be issued to any person nor shall any person install, place, or maintain any sign until such person has provided proof of general liability insurance in the amount of $100,000 to the Administrative Official or filed with the Town Secretary a surety bond in the sum of $5,000. Such bond shall be approved by the Town Manager and shall be conditioned for the installation and/or construction of signs in accordance with the Ordinances of the Town and the laws of the State. Said bond shall provide for the indemnification of the Town for any and all damages or liability which may accrue against it by reason of faulty installation, construction, demolition, repair, removal, defects in, or collapse of any sign for a period of one (1) year after construction or for such a period of time that said sign is maintained or serviced under the direction of the maker of such bond, whichever is longer. Such bond shall further provide for the indemnification of any person who shall, while upon public property or in any public place, incur damage for which the principal name in the bond is legally liable. B. Cancellation. When any sign contractor’s license has been cancelled as provided in Section 1.05(D), such license shall not be renewed until the contractor furnishes an additional bond in the amount of $5,000 guaranteeing compliance with the provisions of this Ordinance. Said bond will be in place for a period of two (2) years following the renewal of the license and shall be provided on a form approved by the Town Attorney. 1.07 INSPECTIONS A. Compliance Inspections. All signs that require a permit be obtained prior to construction shall require inspection by the Administrative Official as indicated on Town-approved permit and/or plan set. B. Periodic Inspections. The Administrative Official reserves the right to perform periodic inspections of all signs regulated by this Ordinance. The purpose of the inspection is to ascertain whether the same is obsolete, unsafe or insecure, dilapidated or deteriorated, and to ensure that the sign has been constructed in accordance with applicable ordinances, and any applicable permits. The method and time of such inspections shall be determined by the Administrative Official. C. Notice of non-compliance. If the Administrative Official determines that any sign is unsafe, insecure, dilapidated, or deteriorated, he shall give written notice to remove or replace said sign to the person or persons responsible, in accordance with this Ordinance. D. Order of Removal. 1. If the permit holder, owner of the sign, or owner of the property on which the sign is located fails to remove or repair the sign within ten (10) days after said notice or fails to file an allegation of error in accordance with this Ordinance, the Administrative Official is hereby authorized to cause the removal of such sign. 2. Any expense incident to the removal of said sign shall be paid by the permit holder, owner of the sign, or owner of the property on which the sign is located. Item 11 13 | Page 3. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign which is determined by the Administrative Official to be an immediate threat or danger to the health, safety, and general welfare of the public. 4. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the health, safety, and general welfare of the public. 5. The Town is authorized to file a lien against any property, which is not otherwise exempt, to recover expenses incurred by the Town for the removal of a sign or portion of a sign from the property. 1.08 SIGN SPECIFICATIONS AND DESIGN A. Compliance. All sign structures shall comply with this Ordinance, the Zoning Ordinance for the Town of Prosper, the Building Code as currently adopted, the National Electric Code as currently adopted, and other Town Ordinances. If the standards as described herein are more restrictive, the provisions of this Ordinance shall apply. B. Visibility. All signs shall observe all visibility requirements. Signs shall not be placed within visibility triangles, corner clips, or V.A.M. (Visibility, Access, and Maintenance) easements. No sign shall be constructed or displayed in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. C. Restrictions. Unless otherwise permitted within this Ordinance, no person shall post or cause to be posted, attach, or maintain any sign: (1) Upon any Town-owned property or right-of-way except in accordance with Chapters 61.003 and 85.036 of the Texas Election Code, as amended; (2) Upon any utility easement. Should a property owner be able to demonstrate to the Administrative Official and/or utility company that there is no other viable location, a sign may be located within the utility easement, subject to written approval from the Administrative Official and/or utility company, and a letter provided by the property owner releasing the Town of any liability for repair or replacement of a sign damaged as a result of work occurring within said utility easement; (3) Upon any tree, publicly-owned light pole, or any utility pole or structure; (4) Upon any fence, railing, or wall, except in accordance with Section 1.12(B)(11); (5) Upon any sidewalk within the right-of-way or a sidewalk easement, curb, gutter, or street, with the exception of house numbers or fire lane designations; (6) Upon or to the supporting members of any fire escape, nor shall it be guyed to or supported by any portion of the fire escape; (7) No sign shall be constructed closer than two feet (2’) from any telephone cable, power line, or any street light standard; (8) No sign shall be constructed as to block, partially block, or interfere in any way with a required means of egress from any building or window; Item 11 14 | Page (9) No sign shall block, interfere, or otherwise hinder pedestrian or vehicular traffic on a public sidewalk, a public thoroughfare, a fire lane easement, or a driveway required to access parking; and, (10) Signs constructed of glass or other materials which may shatter upon impact are prohibited over public right-of-way. D. Multiple Signs on a Property or Building. The permitting of a sign on a property or building shall not prevent the permitting of other types of signs on a property or building unless the signs are expressly prohibited herein. 1.09 SIGN MEASUREMENT A. Area. The area of a sign shall be measured as follows: (1) For signs in the shape of a square, rectangle, circle, or similar standard geometric shape, the area shall be calculated by using the standard mathematical formula (height multiplied by width, 3.14 multiplied by radius squared, etc.). (2) For signs with an irregular shape, the area shall be measured by drawing a box around the entire body of the sign, enclosing the sign elements with four (4) intersecting lines. Item 11 15 | Page Height Width (3) The area of a spherical, cylindrical, or other three-dimensional sign shall be measured by calculating the area of a two-dimensional drawing of the largest elevation of the sign. (4) Where a sign has two (2) faces, the area of the largest sign face shall be used to determine the area of the sign provided the two (2) faces are within thirty (30) degrees from parallel. Where a sign has two (2) or more faces that are greater than thirty (30) degrees from parallel, the sign area shall either be calculated as the sum of the area of each face, or the sign will constitute two (2) signs (a V-shaped sign). (5) Letters forming a word or name shall be considered a single sign, regardless of the spacing between letters. Area = Height X Width of Face D Item 11 16 | Page B. Multiple Elements. (1) When two (2) or more separate items in a sign are separated horizontally or vertically by LESS than the width or height of the largest letter, the items shall be considered a single sign and the area shall be determined by measuring the area enclosing the sign elements with straight, intersecting lines. (2) When two (2) or more separate items in a sign are separated horizontally or vertically by MORE than the width or height of the largest letter, the items shall be considered separate signs and the area shall be determined individually. C. Height. The height of all signs shall be measured from the top edge of the sign and/or support structure to the average finished grade of the ground below the sign and/or support structure. If a sign is located on a mound, berm, or other raised area for the sole purpose of increasing the height of the sign, the height of the mound, berm, or other raised area shall be included in the height of the sign. Item 11 17 | Page D. Supports. The supports of a freestanding sign shall not be included in calculating the area of the sign, but shall be included in the measurement of the height of the sign. 1.10 PROHIBITED SIGNS The following signs are specifically prohibited: A. Abandoned Signs; B. Merchandise Displays, except as authorized by the Zoning Ordinance; C. Balloons, pennants, streamers, feather signs, air or gas-filled figures, or similar attention- getting devices or wind-activated devices, excluding flags and banners as authorized by this Ordinance; D. Billboard Signs; E. Graffiti; F. Portable Signs, unless specifically permitted within this Ordinance; G. Revolving/Mechanical Signs; H. Roof Signs; I. Wind Devices; J. Pole/Pylon Signs; K. Obscene Signs; L. LED, string or similar lighting outlining windows, doors, or other similar building features; Height Height Item 11 18 | Page M. Skylights/Searchlights, beacons, or laser lights, unless used in conjunction with a Town authorized Special Event; and, N. Other Signs: (1) Signs which move and/or are animated by means of flashing, traveling, or blinking lights, or other means not providing constant illumination, unless specifically allowed herein; (2) Any sign which emits audible sound, odor, or smoke; (3) Any lighted sign placed or displayed within 150 feet of a residentially zoned property, or designated as residential on the Future Land Use Plan, unless the lighting is shielded from view of the residential property and indirect light does not exceed ½ lumen measured from any property line of the residential property; (4) Any sign placed on any traffic control device or utility support structure or pole, or over public right-of-way or other public property, unless the sign is placed by the Town, County, State, or other authorized governmental agency, or with the permission of the Town, for public purposes, unless permitted within this Ordinance; (5) Temporary Signs remaining after expiration of permit issued by the Town; (6) Off-premise signs, unless specifically permitted within this Ordinance; (7) Any sign placed without a permit, either prior to or after the adoption of this Ordinance, if a permit is required; and, (8) Any sign not referenced within, or governed by this Ordinance. 1.11 REMOVAL/IMPOUNDMENT OF PROHIBITED SIGNS A. Notification. All signs listed in this Section and other prohibited or non-compliant signs shall be considered a public nuisance and are prohibited by this Ordinance. Upon identification of any prohibited sign, the Administrative Official shall provide written notification of the violation to the owner of the property on which the prohibited sign is located and/or the permittee of the sign. The notification shall state that the offending sign shall be removed by the property owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located within the time period prescribed by the Administrative Official. The notification shall further state that if the prohibited sign is not removed within a specific time frame (not to exceed ten (10) days) a citation may be issued and the Town may resort to any civil remedy available, up to and including impoundment. If any sign is determined to present an immediate danger to the health, safety, and general welfare of the public, the Town shall remove it immediately. Within ten (10) days of the removal of the sign, the Town shall notify the owner of the property on which the sign was located of the reason(s) for removal of the sign. B. Expired Signs. Signs authorized by a sign permit with an expiration date shall be removed promptly upon the date of expiration. Signs remaining after the date of expiration shall be deemed prohibited. The sign permit listing the expiration date shall be considered adequate notice of violation. C. Failure to Comply. Item 11 19 | Page It shall be unlawful for any person, firm, or corporation receiving such written notice or having an expired permit to fail to comply with the direction of the notice. In the event that there is failure to comply with such notice, provided under Section 1.11(A), the Administrative Official is hereby authorized to cause the removal and impoundment of said sign. Any expenses incident to the removal of said sign shall be the responsibility of the owner, agent, or person having beneficial use of the land, building, or structure upon which said sign was located. D. Town-owned Property. If a sign is placed within the public right-of-way or on a Town-owned property in violation of this Ordinance, the sign shall be immediately removed and impounded. 1.12 CRITERIA FOR PERMISSIBLE SIGNS The following signs are permissible, subject to the following conditions and the specifications listed in Section 1.08 of this Ordinance. Signs that do not comply with the following conditions and specifications or are not covered within this Ordinance are considered prohibited. A. Attached Signage. (1) Awning Sign (a) Location Permitted in conjunction with non- residential uses or in a residential zoning district for apartment uses for which a building permit and/or Certificate of Occupancy has been issued. The supporting structure may not extend into or over the street right-of- way. No building shall have both a wall sign and an awning sign on the same building face. (b) Maximum Effective Sign Area 75% of the width of the awning (c) Maximum Height 4 feet (4’) from base of awning (d) Minimum Clearance 9 feet (9’) in height (e) Design Canvas, metal, wood, or other material approved by the Administrative Official. Minimum height for text or graphic elements shall be six inches (6”). Awning shall be secured to the building and may not move in any manner. (f) Permit Required Yes Sign reface requires a separate permit. Item 11 20 | Page (g) Fees Per the Town’s currently adopted Fee Schedule (2) Banner Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. All four (4) corners shall be securely attached to the front, side, or rear surface of a building, excluding banners located on public school property. Shall not face a residential neighborhood unless separated by a major or minor thoroughfare. (b) Maximum Total Sign Area Forty-eight square feet (48 sq. ft.) The width of the banner sign shall not exceed the storefront width. (c) Minimum Clearance 9 feet (9’) in height, when installed in a location that may restrict pedestrian travel. (d) Maximum Number of Signs One (1) at any given time for any given business. (e) Maximum Number of Occurrences/Year Three (3), two (2) week periods per business per calendar year. Can be consecutive. (f) Exceptions A business is permitted to have one (1) banner sign prior to the receipt of a certificate of occupancy for a period not to exceed six (6) weeks. One (1) per business for the life of the business. Shall not be counted against the allowances provided above. One banner sign shall permitted in connection with a Special Event Permit that has been approved by the Town. Religious organizations that operate in a school or other temporary facility may place a banner during times of worship. The banner cannot be placed earlier than two (2) hours prior to worship and shall be removed no later than two (2) hours after worship. This banner shall not count against the businesses’ annual allowance. (g) Timeframe Each permit is valid for a two (2) week period. Item 11 21 | Page Prior to Business Certificate of Occupancy: Permit shall be issued after issuance of a building permit and within six (6) weeks after the issuance of the Certificate of Occupancy for a period not to exceed two (2) weeks. Special Event Banner: Maximum twenty-one (21) days. (h) Removal Shall be removed on the day of the expiration of the permit. Special Event Banner: No later than twenty-four (24) hours after the event. (i) Permit Required Yes (j) Fees Per the Town’s currently adopted Fee Schedule (3) Blade Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Shall be located in the visual path of pedestrians, under covered walkways within a development. (b) Maximum Total Sign Area Three square feet (3 sq. ft.) (c) Maximum Height Eighteen inches (18”) (d) Minimum Clearance Nine feet (9’) (e) Design The upper edge of a blade sign shall not extend vertically above the eave line of a structure. (f) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs One (1) per tenant per elevation (h) Support Shall be supported from the top edge of the sign in an approved manner. (i) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. Item 11 22 | Page (4) Canopy Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Shall be attached to the face of the canopy band that is parallel to a public street. Shall not project more than twelve inches (12”) from said band, and shall not project above, below, or beyond the edge of said band. (b) Maximum Effective Sign Area Forty-five square feet (45 sq. ft.) No greater than fifty percent (50%) of the length of any one (1) side of the canopy band shall be used for signage. (c) Maximum Height Three feet (3’) (d) Design Shall only contain the name and/or logo of the company. Pricing and/or sale specials are prohibited. (e) Lighting Canopy signs may only be internally lit. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (f) Maximum Number of Signs One (1) per public street frontage (g) Canopy Banding Refer to Chapter 3, Section 1.4 (3) of the Town of Prosper Zoning Ordinance as it exists or may be amended. (h) Permit Required Yes (i) Fees Per the Town’s currently adopted Fee Schedule (5) Outdoor Machine Sign (a) Location Shall be directly attached to and flat, not projecting from a machine. May be attached to a canopy, however, said canopy shall be attached as a part of a machine. Shall not obstruct pedestrian or vehicular travel. Item 11 23 | Page (b) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (c) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. (6) Projecting Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. May project into right-of-way but shall be located a minimum of three feet (3’) from back of curb of any adjacent street or drive. (b) Maximum Total Sign Area Twelve square feet (12 sq. ft.) (c) Minimum Clearance above Sidewalk or Walkway Nine feet (9’) (d) Design Minimum height for text or graphic elements shall be six inches (6”). Shall not extend above a building wall. May extend no more than three feet (3’) from the façade of a building. (e) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (f) Maximum Number of Signs One (1) per tenant per elevation (g) Support Shall be supported from the side edge of the sign in an approved manner. (h) Permit Required Yes Sign reface requires a separate permit. (i) Fees Per the Town’s currently adopted Fee Schedule Item 11 24 | Page (7) Vehicular Sign (a) Location In non-residential zoning districts, shall not be used primarily as static displays, to advertise products and/or services, storage, shelter, or distribution points for commercial products and/or services for the general public. During periods of inactivity, such vehicle with a sign may not be parked in the right-of-way or placed in a manner that the sign is readily visible from adjacent public rights-of-way. “For Sale” signs placed in or on vehicles when the vehicle is parked or placed in a manner that the sign is readily visible from adjacent public rights-of-way are prohibited with the exception that one (1) vehicle containing a “For Sale” sign parked or placed at an occupied single-family, two-family, townhome, or multi-family dwelling unit is permitted. (b) Design The signs shall be painted upon or applied directly to an integral part of the vehicle. (c) Maintenance The vehicle shall be in operating condition, currently registered and licensed to operate on public streets, and actively used in the daily function of the business to which such sign relates. (d) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. (8) Wall Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Shall not be allowed on any façade (other than the main front of the building) that faces property zoned or designated on the Future Land Use Plan, for single-family uses, if the sign is within 150 feet of the property line of said residential property. Tenant within a strip center: Signage shall be restricted to the façade of the tenant space on the building. (b) Maximum Effective Sign Area The total of all effective sign area on each façade, shall not exceed sixty (60) square feet or 10% of the façade, whichever is greater. But in no instance, shall it exceed the maximum height limitations. Item 11 25 | Page Tenant within a strip center: Shall be measured by the size of the façade of the tenant space. (c) Maximum Height Height of building: Less than twenty feet (20’): Four feet (4’) Between twenty feet (20’) and thirty feet (30’): Six feet (6’) Greater than thirty feet (30’) to fifty feet (50’): Eight feet (8’) Greater than fifty feet (50’): Ten feet (10’) (d) Minimum Clearance above sidewalk, walkway or street Nine feet (9’) above grade. If sign is painted on the wall, there is no minimum clearance. (e) Design When projections on the wall face prevent the placement of the sign flat against the wall face, the space between the back of the sign and the wall shall be closed at the top, bottom, and ends with incombustible materials. In no case shall an attached sign project above the roof line or parapet wall of any building. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant height of the text or graphic elements. (f) Lighting Wall signs with visible or exposed neon, florescent, or LED lighting are prohibited. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs Signage for tenants within a multi-tenant building with a single entry shall be limited to a maximum of two (2) signs per elevation. (h) Permitting Stipulation Signage for tenants within a multi-tenant building with a single entry shall be required to provide a letter from the owner of the building authorizing placement of sign and location at permit submittal. (i) Permit Required Yes Sign reface requires a separate permit. (j) Fees Per the Town’s currently adopted Fee Schedule (9) Window Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Item 11 26 | Page Shall be affixed to any interior surface of a window or within three 3feet (3’) of the interior window glazing. (b) Maximum Total Sign Area Twenty-five percent (25%) of the total window area per façade/elevation per tenant. (c) Lighting Illuminated window signs shall not be allowed within three feet (3’) of the interior window glazing with the exception of open/closed signs. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (d) Exceptions Addresses, open/closed signs, hours of operation, and window signs required by the Town of Prosper are exempt from meeting the maximum sign area criteria as required in this Section of the Ordinance. (e) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. B. Freestanding Signage. 1. Downtown Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued within the area designated as the “Old Town District” in the Town’s Future Land Use Plan. Shall be located a minimum fifteen feet (15’) from any property line. (b) Maximum Effective Sign Area Twenty (20) square feet (c) Maximum Height Six feet (6’) (d) Design The supporting structure shall be constructed of Trex©, metal, or plastic and painted to match the front building façade of the principal building on the same lot. (e) Lighting May only be illuminated utilizing a ground lighting source where the light itself and supporting structure are not visible from any public right-of-way. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (f) Maximum Number of Signs One (1) per street frontage per lot Item 11 27 | Page (g) Minimum Spacing between Signs Seventy-five feet (75’) (h) Permitting Stipulation Shall not be permitted on the same lot as a Monument or Unified Development Sign. (i) Permit Required Yes (j) Fees Per the Town’s currently adopted Fee Schedule 2. Flags (a) Location Permitted in conjunction with any use for which a building permit and/or Certificate of Occupancy has been issued. Shall be located only on private real property with the consent of the property owner. No flags shall be placed in or encroach over or onto any public right-of-way or medians and shall not be attached to fences or trees. Residential: Shall be placed in ground in the front or rear yard of the lot or attached to the primary structure. (b) Maximum Total Area Residential: Forty square feet (40 sq. ft.) Non-Residential: Sixty square feet (60 sq. ft.) (c) Maximum Height Residential Zoning District: Thirty feet (30’) Non-Residential Zoning District: Forty feet (40’). (d) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (e) Maximum Number of Flags Residential Zoning District: Three (3) Non-Residential Zoning District: Three (3) (f) Support Flagpoles over twenty feet (20’) in height, require a professional contractor to install. (g) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. Item 11 28 | Page 3. Human Sign (a) Location Shall be located on private property. Shall not be located within a distance of 300 feet from an intersection of two (2) public streets or thoroughfares for the purpose of traffic and pedestrian safety. May not hold or carry any prohibited signs. (b) Maximum Effective Sign Area Six square feet (6 sq. ft.) (c) Exceptions Signs may not be placed or propped on the ground or against any structure or the sign will be considered prohibited. (d) Timeframe Between the hours of 7:00 am and 8:00 pm (e) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. 4. Incidental Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Minimum twenty foot (20’) setback from front property line. Side and rear setback shall be equal to the height of the sign. Shall be attached to the ground. (b) Maximum Effective Sign Area Five square feet (5 sq. ft.) (c) Minimum Base Size Twelve inches (12”) (d) Maximum Height Thirty inches (30”) (e) Design The design, materials, and finish of the base shall match those of the front building façade of the primary structure on the same lot. The base shall be consistent with the building elements and materials of the Unified Development signs and Monument signs on the same lot, if part of a SPSD. Item 11 29 | Page (f) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs Two (2) per acre per lot, additional may be approved through a Sign Coordination Plan as referenced in Section 1.13. (h) Minimum Spacing between Signs Fifty feet (50’) (i) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. (j) Fees Yes, per currently adopted Fee Schedule. 5. Sign Related to Restaurant Uses (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued that includes a drive- through or drive-in. Drive-Through Menu Boards and Drive- Through Pre-order Sign: shall be located at the side or rear of the principal building on the lot. Drive-Through Menu Board: Twenty-five foot (25’) setback from front property line (b) Maximum Effective Sign Area Drive-Through Menu Board: Forty-eight square feet (48 sq. ft.) Drive-Through Pre-Order Sign: Eighteen square feet (18 sq. ft.) Drive-In Menu Board: Nine square feet (9 sq. ft.) (c) Base Size Shall be supported from the grade to the bottom of the sign having or appearing to have a solid base on a minimum of 80% of the overall sign width, not to be less than twelve inches (12”) in height. (d) Maximum Height Six (6) feet (e) Design The design, materials, and finish shall match those of the front building façade on the same lot. If the drive-in stalls are covered by a canopy, the signs may be attached directly to the canopy support columns. (f) Lighting Internal lighting may be utilized. All lighting shall comply with the currently adopted National Electric Code. Item 11 30 | Page Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs Drive-Through Menu Board: One (1) per drive-through lane Drive-Through Pre-Order Sign: One (1) at the entrance of a drive-through lane. Drive-In Menu Board: One (1) per ordering station (h) Spacing Between Signs Drive-Through Pre-Order Sign shall be setback twenty feet (20’) from a Drive-Through Menu Board in the same drive-through lane. (i) Permit Required Yes Sign reface requires a separate permit. (j) Fees Per the Town’s currently adopted Fee Schedule 6. Monument Sign (a) Location Single Tenant Monument Sign: Permitted in conjunction with non- residential uses or on a lot containing a multi-family use for which a building permit and/or Certificate of Occupancy has been issued. Multi-Tenant Monument Sign: Permitted in conjunction with multiple non-residential uses established on one (1) lot for which a building permit and/or Certificate of Occupancy has been issued. Single Tenant/Multi-Tenant Monument Sign: allowed on the same lot as a Unified Development Sign, but the total number of Unified Development Signs and Single Tenant/Multi-Tenant Monument Signs shall not exceed the total number of lots located within the UDZ unless additional Single Tenant/Multi-Tenant Monuments or Unified Development signs are allowed in accordance with Section 1.12(B)(6)(h) and Section 1.12(B)(12)(g). Single Tenant/Multi-Tenant Monument Sign: Minimum fifteen foot (15’) setback from all property lines. May be reduced to one foot (1’) for a monument sign located in the City of Irving waterline easement adjacent to US 380 (University Drive) with approval documentation from the City of Irving. Model Home Monument Sign: Permitted in conjunction of a model home on a residentially zoned property for which a building permit and/or building final has been issued. Item 11 31 | Page Model Home Monument Sign: Shall only be placed on a lot with a model home or sales trailer. Model Home Monument Sign: Front Setback: Fifteen feet (15’), Side/Rear Setback: Ten feet (10’). The front setback may be reduced to three feet (3’) for townhome lots, but in no instance shall the sign block visibility on a corner lot. (b) Maximum Total Sign Area Single Tenant Monument Sign: Sixty-four square feet (64 sq. ft.), including the masonry border Multi-Tenant Monument Sign: Eighty square feet 80 sq. ft.), including the masonry border Model Home Monument Signs: Twenty-four square feet (24 sq. ft.), including the masonry border (c) Base Size The height of the base of any monument sign shall be at least twelve (12”) inches in height. (d) Maximum Height Single Tenant Monument Sign: Eight feet (8’) Multi-Tenant Monument Sign: Ten feet (10’) Model Home Monument Sign: Four feet (4’) (e) Design Shall be constructed of the same primary masonry materials as the front building façade of the principal building on the same lot and shall be of similar architectural style. Monument signs shall contain a minimum one (1) foot masonry with mortar border around all sides. Monument signs shall be consistent with the building elements and materials of the Unified Development Signs and Incidental Signs within a UDZ. Architectural embellishments may be considered through the review of the Sign Coordination Plan, as defined in Section 1.13. (f) Lighting Single Tenant/Multi-Tenant Monument Sign: may only be illuminated utilizing internal lighting, with the exception of sculpted aluminum panels. For sculpted aluminum panels, a ground lighting source where the light itself and supporting structure are not visible from any public right-of-way may be used. A light detection device and/or photocell sensor shall be installed as part of the sign to ensure the sign’s brightness is dimmed when ambient light conditions darken. No sign within 150 feet of an adjacent residential tract shall create a light nuisance. No sign adjacent to a thoroughfare shall create a light nuisance or an impairment of vision creating a hazard for vehicular or pedestrian traffic. All lighting shall comply with the currently adopted National Electric Code. Item 11 32 | Page Any electrical work that requires an addition or extension of circuits shall require a separate permit. Model Home Monument Sign: May only be illuminated utilizing a ground lighting source where the light itself and supporting structure are not visible from any public right-of-way. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Changeable Electronic Message/Reader Board Component Only allowed on Single Tenant Monument Sign located on lots adjacent to a major thoroughfare. Maximum fifty percent (50%) of the effective sign area. Shall be permitted only on properties abutting Preston Road, US 380, and the Dallas North Tollway/Dallas Parkway. Frame duration shall not be less than ten (10) seconds and shall occur simultaneously on the entire electronic sign face. Message transition shall not be greater than one (1) second. Frame effects such as flashing shall be prohibited. May not be used to display commercial messages relating to products or services that are not offered on-premises. (h) Maximum Number of Signs Single Tenant/Multi-Tenant Monument Sign: One (1) per street frontage per lot. Model Home Monument Sign: One (1) per lot per builder per platted single-family or two-family subdivision. (i) Minimum Spacing Between Signs Where more than one (1) sign is on a lot, minimum spacing required is 150 feet. The distance required between two (2) Single Tenant/Multi- Tenant Monument Signs on adjacent properties is seventy-five (75) feet. (j) Permitting Stipulation Engineer sealed plans for the foundation of the structure is required with permit submittal for a monument sign. Engineer sealed plans for the entire structure is required with permit submittal for a monument sign in excess of eight feet (8’) in height. (k) Timeframe Model Home Monument Sign: Permit shall not be issued until a building permit for the model home or sales trailer for said lot has been approved and issued. (l) Removal Model Home Monument Sign: Shall be removed prior to final inspection of home when model is transitioned to a single-family dwelling or upon removal of sales trailer from same lot. (m) Permit Required Yes Item 11 33 | Page Sign reface requires a separate permit. (n) Fees Per the Town’s currently adopted Fee Schedule 7. Political Sign (a) Location and Standards Texas state law provides certain restrictions on political signage at polling places as well as on private real property. The Town of Prosper hereby incorporates applicable provisions of such state law into this Sign Ordinance. Section 216.903 of the Texas Local Government Code, as amended, authorizes, among others, the placement of signs that contain primarily a political message on private real property with the consent of the property owner; subject to the following: (1) shall not have an area greater than 36 square feet; (2) shall not be more than eight feet (8’) in height; (3) shall not be illuminated; or (4) have any moving elements. Signs are not permitted on Town property or within any right-of-way, except as required by Sections Texas Election Code Sections 61.003 or 85.036 of the Texas Election Code, both as amended. Polling Place: The Town of Prosper recognizes that on occasion, Town buildings may be utilized as polling places. Sections 61.003 and 85.036 of the Texas Election Code, both as amended, authorize, among others, the Town to enact reasonable regulations concerning the time, place, and manner of electioneering, which includes the posting, use or distribution of political signs on election days and during the early voting period. No political signs at polling places shall, (1) be located, affixed or placed on any utility pole or structure, light structure, traffic signal, or sign pole; (2) be located in or on any public right-of-way; or (3) be placed in a location so as to impede pedestrian or vehicular access; or (4) otherwise create a traffic or safety hazard. Item 11 34 | Page A political sign at a polling place shall not exceed four feet (4’) in height or have a total sign area in excess of six square feet (6’), and shall not be illuminated or have any moving elements. (b) Timeframe Polling Place: Sign shall be allowed to be placed any time during the first day of early voting or election day, whichever is applicable. The sign may remain during the entire period of early voting. Should the polling location also be the site of the election day voting, the sign may remain on the site between the dates of early voting and election day voting. (c) Removal Shall be removed within ten (10) days after the election is decided. Polling Place: Shall be removed within twenty-four (24) hours of the closing of the early voting or election day polling location as provided above. (d) Permit Required No, but shall comply with the above conditions. 8. Residential Sign (a) Location Permitted in conjunction with a lot containing a single-family, two-family, dwelling or multi-family dwelling for which a building final or Certificate of Occupancy has been issued. Also permitted on a residential zoned lot owned by a Home or Property Owners Association. Shall be located only on private real property with the consent of the property owner. Shall not be placed closer than ten (10) feet from the edge of the street pavement. (b) Maximum Sign Area Six square feet (6 sq. ft.) (c) Maximum Height Four feet (4’) Item 11 35 | Page (d) Maximum Number of Signs Two (2) per lot (e) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. Item 11 36 | Page 9. Sandwich Board (A-frame) Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Shall be located a minimum of three feet (3’) from the curb or any adjacent street, drive, or parking lot. Shall not be placed in public right-of- way. (b) Maximum Total Sign Area Twelve square feet (12 sq. ft.) per side (c) Maximum Height Four feet (4’) (d) Minimum Clearance If placed on or adjacent to a sidewalk or walkway, that is not in a public right-of-way, an unobstructed pedestrian clearance of at least four (4) feet in width shall be provided adjacent to the sign. (e) Maximum Number of Signs One (1) per business or tenant (f) Minimum Spacing Between Signs Twenty feet (20’) (g) Timeframe May be placed on properties during business hours only. (h) Removal Shall be taken inside place of business at completion of business hours each day. (i) Permit Required Yes (j) Fees Per the Town’s currently adopted Fee Schedule 10. Scoreboard (a) Location Shall be constructed within the limits of and face into the athletic field or stadium. (b) Lighting All lighting shall comply with the currently adopted National Electric Code. Item 11 37 | Page Any electrical work that requires an addition or extension of circuits shall require a separate permit. (c) Changeable Electronic Message/Reader Board Component Allowed (d) Permit Required Yes (e) Fees Per the Town’s currently adopted Fee Schedule 11. Subdivision Entry Sign (a) Location Shall be located within the platted limits of a residential subdivision. Alternative types of subdivision entry signs, including, but not limited to, neighborhood entry signs within an overall subdivision, shall be approved as part of a Sign Coordination Plan as outlined in Section 1.13. (b) Maximum Effective Sign Area Sixty (60) square feet (c) Minimum Base Size Minimum twelve inches (12”) (d) Maximum Height Eight feet (8’) (e) Design May be in the form of a sign mounted to a screening wall, so long as the sign does not project above the top of the screening wall. (f) Lighting Ground lighting where the light itself and supporting structure are not visible from public right-of-way. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs One (1) Monument Sign or two (2) signs attached to screening walls (not a combination of both) per street entrance. (h) Permit Required Yes (i) Fees Per the Town’s currently adopted Fee Schedule Item 11 38 | Page 12. Unified Development Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued within an established Unified Development Zone (UDZ), as referenced in Section 1.14. A Unified Development Sign is allowed on the same lot as a Single Tenant/Multi-Tenant Monument Sign, but the total number of Unified Development Signs and Single Tenant/Multi-Tenant Monument Signs shall not exceed the total number of lots located within the UDZ, unless additional Unified Development Signs and Single Tenant/Multi-Tenant Monument Signs are allowed in accordance with Section 1.12(B)(6)(h) and Section 1.12(B)(12)(g). Fifteen foot (15’) setback from front property line. May be reduced to one (1) foot for a Unified Development Sign located in the City of Irving waterline easement adjacent to US 380 (University Drive) with approval documentation from the City of Irving. (b) Maximum Total Sign Area UDZ of 10 acres or less: Eighty square feet (80 sq. ft.) UDZ of over ten (10) acres: may be increased by ten square feet (10 sq. ft.) for each acre over ten (10) acres, not to exceed a maximum 120 square feet UDZ of at least thirty (30) acres and signage that fronts along the DNT or US 380 corridors: 240 square feet (c) Minimum Base Size Twenty-four inches (24”) (d) Maximum Height UDZ of 10 acres or less: ten feet (10’) UDZ of over 10 acres: twelve feet (12’) UDZ of at least thirty (30) acres and signage that fronts along the DNT or US 380 corridors: twenty feet (20’) (e) Design Shall be constructed of the same primary masonry materials as the front building façade of the principal or main building in the UDZ and shall be of similar architectural style. Shall contain a minimum one foot (1’) masonry with mortar border around all sides. Item 11 39 | Page No more than fifty-five percent (55%) of the area may be used for the cabinet or text area displaying the tenants of the development The name of the development shall not exceed twenty percent (20%) of the overall area. (f) Lighting May only be illuminated utilizing internal lighting, with the exception of sculpted aluminum panels. For sculpted aluminum panels, a ground lighting source where the light itself and supporting structure are not visible from any public right-of-way may be used. A light detection device and/or photocell sensor shall be installed as part of the sign to ensure the sign’s brightness is dimmed when ambient light conditions darken. No sign within 150 feet of an adjacent residential tract shall create a light nuisance. No sign adjacent to a thoroughfare shall create a light nuisance or an impairment of vision creating a hazard for vehicular or pedestrian traffic. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs One (1) per street frontage of the UDZ. One additional is permitted for each additional 750 linear feet, or portion thereof, of street frontage. (h) Minimum Spacing Between Signs Seventy-five feet (75’) from any Single Tenant/Multi-Tenant Monument Sign and/or another Unified Development Sign within an adjacent UDZ. 750 feet, per street frontage, from an additional Unified Development Sign within the same UDZ. (i) Permitting Stipulation A sign permit shall not be issued to construct or place a Unified Development Sign on a property until: i. A Sign Coordination Plan is approved as provided in Section 1.13; ii. A Unified Development Zone (UDZ) is approved by the Town Manager as provided in Section 1.14; and, iii. The proposed Unified Development Sign meets all of the applicable requirements as set forth in Section 1.12(B)(12). (j) Permit Required Yes Sign reface requires a separate permit. (k) Fees Per the Town’s currently adopted Fee Schedule Item 11 40 | Page 13. Temporary Sign (a) Location Shall be located a minimum fifteen (15’) feet from any property line. The minimum setback from the right-of- way may be reduced to one (1) foot when located in the City of Irving waterline easement adjacent to US 380 with approval documentation from the City of Irving. Shall not face a residential neighborhood, unless separated by a major thoroughfare. (b) Maximum Effective Sign Area Sixty-four square feet (64 sq. ft.) (c) Maximum Height Twelve feet (12’) (d) Design May be constructed of wood, metal or plastic or equivalent during material. Shall have attached, written, or painted in a weatherproof manner the date of placement and the permit number of the sign, in letters not less than one inch (1”) in height, in a conspicuous place thereon. (e) Maximum Number of Signs One (1) per property per street frontage DNT or US 380 corridors: Two (2) per street frontage A platted single-family or two-family subdivision shall be considered a single property for the purpose of this Section. (f) Minimum Spacing Between Signs 200 feet (g) Permitting Stipulation Single-Family, Two-Family, or Future Land Use Plan designation: Shall not be located on a lot that contains a structure. (h) Removal Single-Family, Two-Family, or Future Land Use Plan designation: The sign shall be removed upon the completion of the Building Final Inspection for ninety-five (95) percent of the homes within the single-family or two- family subdivision being advertised. Agricultural, Multi-Family, or non-residential zoning, or Future Land Use Plan designation: The sign shall be removed prior to the issuance of the Certificate of Occupancy for any building on the property or ninety (90) percent of finish out spaces within a shell building on the property. (i) Permit Required Yes (j) Fees Per the Town’s currently adopted Fee Schedule Item 11 41 | Page 1.13 SIGN COORDINATION PLAN A. General. A Sign Coordination Plan is required to be prepared for Unified Development Zones, Unified Development Signs, Subdivision Monuments, Special Purpose Sign Districts, and/or Variance requests. B. Purpose. A Sign Coordination Plan is required prior to the permitting of specified signs to determine overall sign locations on a property, the relationship of the sign surrounding existing, proposed, and future improvements, and to determine consistency and uniformity among buildings and signs within a UDZ or residential development. C. Application. A Sign Coordination Plan shall contain the following information: (1) Elevations i. Elevations of the signs illustrating the materials of construction, colors, lighting, font of letters, and dimensions of the signs. ii. If the sign is to be attached to a building, the elevation shall be a composite of the sign and the building. iii. Elevations depicting the size of the signs in relation to the size of the buildings within the development. (2) Site Plan i. A plan drawn to preliminary site plan or site plan specifications of the site illustrating the location of existing and proposed signs on the property and, if required by Town staff, on adjacent properties. ii. For non-residential and multi-family developments, the Sign Coordination Plan shall be submitted to the Town for review with a preliminary site plan or site plan of the property. For single family and two-family developments, the Sign Coordination Plan shall be submitted to the Town for review with a preliminary plat or final plat of the property. iii. Other information to illustrate the consistency and uniformity of the signs, as required by Town staff. D. Procedure. (1) A Sign Coordination Plan required of specific signs shall be submitted to the Development Services Department. (2) The plan shall be reviewed and considered for approval by Town staff. (3) Should staff deny a Sign Coordination Plan, the plan may be forwarded to the Town Manager for their review and consideration upon receipt of a written appeal request. The written appeal request shall be presented to staff in the form of a standard letter, addressed to the Town Manager, and including a narrative describing the Sign Coordination Plan and explaining the intent and reasoning as to why the plan should be approved. Item 11 42 | Page (4) Staff and the Town Manager may approve or deny a Sign Coordination Plan for any reason. (5) The Town Manager’s decision is final. 1.14 UNIFIED DEVELOPMENT ZONE (UDZ). A. General. A Unified Development Zone is required to be prepared for any Unified Development Signs throughout a specified development or area that contains multiple lots. B. Purpose. A Unified Development Zone is required prior to the permitting of specified signs to determine overall Unified Development Sign locations on a property, the relationship of the sign surrounding existing, proposed, and future improvements, and to determine consistency and uniformity among buildings and signs within a development. Only those properties and businesses included within the UDZ shall be allowed to be included on the Unified Development Signs placed within said Unified Development Zone. C. Application. A Unified Development Zone application shall be submitted on a form provided by the Town and contain the information as noted in the Development Manual. D. Procedure. (1) A Unified Development Zone required for Unified Development Signs shall be submitted to the Development Services Department. (2) The plan shall be reviewed and considered for approval or denial by Town staff in accordance with the Sign Code. Any proposed deviations shall require the submittal of an application for a Special Purpose Sign District. 1.15 SPECIAL PURPOSE SIGN DISTRICT (SPSD). A. General. The SPSD is an overlay district that exclusively addresses sign regulations. It allows an applicant, subject to approval of the Town Council, the option of designating an area where the signs may deviate from the underlying sign regulations, to the extent so expressly provided in the Ordinance adopting the particular SPSD. If not so expressly provided, the underlying sign regulations shall control. B. Purpose. (1) Promote consistency among signs within a development thus creating visual harmony between signs, buildings, and other components of the property; (2) Enhance the compatibility of signs with the architectural and site design features within a development; (3) Encourage signage that is in character with planned and existing uses thus creating a unique sense of place; and, Item 11 43 | Page (4) Encourage multi-tenant commercial uses to develop a unique set of sign regulations in conjunction with development standards. C. Application. Each applicant for the creation or amendment of an SPSD shall submit a completed SPSD application to the Development Services Department which shall contain all required supporting material as listed in the Development Manual. The application shall be accompanied by payment of the appropriate fee as established by the Town in the adopted fee schedule, on or before a scheduled submission date. Applications shall be complete for acceptance. D. Procedure. (1) Consideration for the creation or amendment to an SPSD may be initiated only with written consent of the property owners or by the Town Council on its own motion when it finds that public benefit will be derived from consideration of such matter. (2) The Development Services staff shall review the application and create a report for the Town Council. Every application shall automatically be forwarded to the Town Council for action. No change, however, shall become effective until after the adoption and publication of an ordinance for the proposed SPSD. (3) Town Council may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application for any reason. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the Town for six (6) months from the original date of denial. 1.16 SIGN REQUIREMENTS RELIEF PROCEDURE. A. Petition for Waiver. A petition for a Waiver to a particular standard or requirement of this ordinance is to determine whether such particular standard or requirement should be applied to an application or modified. A Waiver is a change to the standards, not otherwise permitted by this ordinance B. Application. (1) A request for a Waiver to a particular standard or requirement of this ordinance shall be submitted on a form provided by the Town and accompanied by the prescribed fee set forth in the adopted Fee Schedule. (2) The Applicant’s petition shall state the grounds for Waiver. (3) The Applicant bears the burden of proof to demonstrate in the application the following: (i) the requirement for which the Waiver is requested imposes an undue hardship on the Applicant, (ii) the proposed sign shall be of a unique design or configuration, (iii) the waiver is needed due to a hardship caused by restricted area, shape, topography, or physical features that are unique to the property or structure on which the proposed sign would be placed, and such hardship is not self-imposed, Item 11 44 | Page (iv) the waiver will substantially improve the convenience and welfare of the public and does not violate the intent of this Ordinance; and (v) the requirement or standard will not adversely impact an adjacent property owner. (4) Incomplete applications shall not be accepted. (5) An application for a Waiver shall not be accepted for a sign that is prohibited by Section 1.10 of this Ordinance. C. Procedure. (1) The Development Services staff shall review the application and create a report for the Town Council. Every application shall automatically be forwarded to the Town Council for consideration as a Public Hearing item. (2) Prior to the tenth (10th) day before the Town Council Public Hearing, written notice of the proposed waiver shall be sent to each owner, as indicated by the most recently approved Municipal Tax Roll, of property within two hundred (200) feet of the property in which the waiver is proposed. (3) Town Council may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application for a waiver for any reason. 1.17 VIOLATIONS IN OR ON PUBLIC PROPERTY A. Unless permitted by this Ordinance, any sign of any nature that is placed, constructed, or maintained on public property in violation of the Sign Ordinance, shall be subject to the following: (1) The sign may be subject to confiscation by Town personnel. i. Signs confiscated may be retained for a period of five (5) calendar days from the day after confiscation; (2) It shall be prima facie evidence that the property owner of record at the address specified on a confiscated sign is responsible for the offense of placing, constructing, or maintaining such sign, and upon conviction, that person shall be guilty of a misdemeanor; and, (3) If such a sign contains no identifying information other than a telephone number, such information shall be prima facie evidence that the property owner of record at the telephone number specified on a confiscated sign is responsible for the offense of placing, constructing, or maintaining such sign, and upon conviction, that person shall be guilty of a misdemeanor. B. The following evidence relative to the name, address, or telephone number contained in the following records is prima facie evidence of the contents of the record. (1) Name. An authenticated photograph of the sign showing the name of the person allegedly responsible, or the sign itself. (2) Address. Item 11 45 | Page A certified copy of that section of the most recent tax roll or appraisal district record which shows the name and address of the record property owner and an authenticated photograph of the sign or the sign itself. (3) Telephone Number. An authenticated photograph of the sign or the sign itself showing the telephone number and a copy of the most recent telephone directory showing the listing, or a letter or other document from the telephone company showing the listed person and address at that telephone number. C. Any presumption contained in this Section is rebuttable and shall have the effects and consequences set forth in V.T.C.A. Penal Code §2.05. 1.18 RECOVERY OF IMPOUNDED SIGNS A. Impounded signs may be recovered by the owner within five (5) days from impoundment by paying a fee as established by the Town in the adopted fee schedule. B. Signs not recovered within five (5) days of impoundment may be disposed of by the Town in any manner it shall elect. 1.19 NEGLECTED AND ABANDONED SIGNS A. Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited by this Ordinance. B. Upon written notification to the permit holder by the Administrative Official, such abandoned signs shall be removed from the premises and neglected signs shall be repaired or removed from the premises by the property owner, agent, or person having beneficial use of the land, building, or structure upon which said sign is located. C. The notification shall state that the offending sign shall be repaired or removed by the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located within ten (10) days. The notification shall further state that if the sign is not removed or repaired, a citation may be issued and the Town may resort to any civil remedy available to remove or repair the sign, up to and including impoundment. D. If any sign is determined to present an immediate danger to the health, safety, and general welfare of the public, the Town shall remove it immediately. Within ten (10) days of the removal of the sign, the Town shall notify the owner of the property on which the sign was located of the reason(s) for removal of the sign. E. It shall be unlawful for any person, firm, or corporation receiving such written notice to fail to comply with the direction of the notice. In the event of failure to comply with such notice provided under Section 1.07(C), the Administrative Official is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign was located. Item 11 46 | Page 1.20 NONCONFORMING SIGNS A. A nonconforming sign: (1) Was in existence and lawfully placed prior to the effective date of this Ordinance; (2) Was in existence and lawfully located and used in accordance with the provisions of the prior Ordinance applicable thereto, or which was considered legally nonconforming thereunder, and has since been in continuous or regular use; or, (3) Was in existence, located, and used on the premises at the time it was annexed into the Town and has since been in regular and continuous use. B. Any nonconforming sign and its supporting structure, which is destroyed, damaged, dilapidated, or deteriorated, shall not be replaced, repaired, or renovated, in whole or in part, if such replacement, repair, or renovation would require an expenditure of monies in excess of sixty (60) percent of the cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated, or deteriorated. Changing an internal panel of a nonconforming sign is permitted in all cases. C. No sign or supporting structure which is lawfully reproduced, repaired, or renovated as a nonconforming sign shall be increased in area or height. D. Notwithstanding any other provision of this Ordinance, any sign which is a legally existing nonconforming sign hereunder may be relocated on the same lot or tract of property upon which the sign is located in, when acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this Ordinance. E. A nonconforming sign in the Town or its extraterritorial jurisdiction (ETJ) may be relocated, reconstructed, or removed as provided by law including, but not limited to, Chapter 216 of the Texas Local Government Code as it exists or may be amended. F. If a nonconforming sign is required to be relocated, reconstructed, or removed by the Town, the Mayor shall appoint a municipal board in accordance with Section 216.004 of the Texas Local Government Code, as it exists or may be amended, to be known as the “Municipal Board on Sign Control for Nonconforming Signs”. Once appointed, Board members shall serve for two (2) year terms unless they are removed by the Mayor, they resign, they fail to qualify to serve, or are otherwise removed. 1.21 APPEALS Allegations of errors in orders, decisions, or determinations by the Administrative Official in administration of the sign regulations shall be made in writing by the applicant and heard by the Town Council. An application for such appeal may be obtained from the Town. The Town Council shall hear, if possible, the allegation of errors within thirty (30) days after receipt of a completed application and applicable application fees. The application will require written authorization from the property owner. The Town Council’s decision is final. Item 11