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10.09.18 Town Council Regular Meeting PacketPage 1 of 5 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Announcements of recent and upcoming events. 4. Presentations. • Presentation of Certificates of Appreciation to former members of the Town’s Boards and Commissions. (RB) 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 meetings. (RB) • Regular Meeting – September 25, 2018 5b. Consider and act upon approving the purchase of one backhoe/loader, from RDO Equipment Co., and grounds equipment from Professional Turf Products, L.P., through the Texas Local Government Purchasing Cooperative. (JC) 5c. Consider and act upon authorizing the Town Manager to execute the Prosper Center Park Interlocal Joint Use Agreement between the Town of Prosper, Texas, and Prosper Independent School District as it relates to Legacy Elementary School and Prosper Center Park. (DR) 5d. Consider and act upon approving the purchase of third-party building permit and fire code-related plan review and inspection services, through an existing Professional Services Agreement with Bureau Veritas North America, Inc. (JW) 5e. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for Geographic Information System (GIS) services between the Town of Prosper and the City of Frisco. (AG) 5f. 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) AGENDA Meeting of the Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street, Prosper, Texas Tuesday, October 9, 2018 6:00 p.m. Page 2 of 5 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. 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 for a Specific Use Permit (SUP) for a Child Day Care (Ace Montessori), in Windsong Ranch Marketplace, on 2.5± acres, located on the east side of Gee Road, north of US 380. The property is zoned Planned Development-40 (PD-40). (S18-0006). (AG) 8. Conduct a Public Hearing, and consider and act upon an ordinance amending the Thoroughfare Plan to insert new Cross Sections and Description for Coit Road, between Prosper Trail and Frontier Parkway, depicting a new Interim Major Thoroughfare 4/6LD (Midblock) where Rights-of-Way are less than 120 feet. (CA18-0002). (AG) DEPARTMENT ITEMS: 9. Consider and act upon authorizing the Town Manager to execute a Contract Amendment to the Professional Engineering Services Agreement between CobbFendley and Associates, Inc., and the Town of Prosper, Texas, related to the design of the Coit Road (First – Frontier) project. (PA) 10. Consider and act upon approving the purchase of one aerial ladder truck with a pre-pay discount option, from Siddons-Martin Emergency Group, through the Texas Local Government Purchasing Cooperative; one ambulance from Professional Ambulance Sales and Service, the Texas dealer for Horton Emergency Vehicles, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program; and authorizing the Town Manager to execute related documents for the same. (SB) 11. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.612 acres of Water Easement, and 0.612 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 4, Tract 21, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. (PA) Page 3 of 5 12. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.400 acres of Water Easement, and 0.539 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 4, Tract 20, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. (PA) 13. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.154 acres of Water Easement, and 0.205 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 180, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. (PA) 14. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.152 acres of Water Easement, and 0.208 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 175, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. (PA) 15. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.200 acres of Water Easement, and 0.262 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. (PA) 16. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.730 acres of Water Easement, and 0.564 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. (PA) 17. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.762 acres of Water Easement, and 0.484 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. (PA) Page 4 of 5 18. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.221 acres of Water Easement, and 0.224 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. (PA) 19. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.232 acres of Water Easement, and 0.822 acres of Temporary Construction Easement situated generally in the Abstract No. A0086 Ed Bradley Survey, Tract 5, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. (PA) 20. 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: 20a. Section 551.087 – To discuss and consider economic development incentives. 20b. 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. 20c. Section 551.074 – To discuss and consider employment of Municipal Judge and all matters incident and related thereto. 21. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 22. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Discuss Holiday Meeting Schedule. (RB) • Discuss Date for 2019 Strategic Planning Session. (RB) • Christmas Festival. (DR) 23. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 200 S. Main Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on Friday, October 5, 2018, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Notice Removed Page 5 of 5 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. ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order at 6:02 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Councilmember Mike Korbuly Councilmember Craig Andres Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Deputy Mayor Pro-Tem Jason Dixon Staff Members Present: Chuck Springer, Executive Director of Administrative Services Terrence Welch, Town Attorney Robyn Battle, Town Secretary/PIO Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Planning Manager Pete Anaya, Deputy Director of Engineering Services Dudley Raymond, Parks and Recreation Director Kelly Neal, Finance Director January Cook, Purchasing Agent Doug Kowalski, Police Chief 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Fowler with First Presbyterian Church of Prosper led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3.Announcements of recent and upcoming events. Councilmember Andres read the following announcements: Residents are invited to attend a dedication ceremony for Tucker Park this Thursday, September 27, at 9:00 a.m. The park is located next to the Central Fire Station on First Street. It was named in honor of Fire Chief Ronnie Tucker upon his retirement in 2017. The annual Community Picnic will be held this Saturday, September 29, from 4:00-7:00 p.m. in Frontier Park. Bethlehem Place will collect nonperishable food as part of their MINUTES Meeting of the Prosper Town Council Prosper Town Hall Council Chambers 200 S. Main Street Prosper, TX 75078 Tuesday, September 25, 2018 Item 5a “Hunger Is No Picnic” food drive. Free hot dogs will be served by members of the Town Council, courtesy of Lighthouse Christian Fellowship Church, and the Prosper Parks and Recreation Board and Prosper Ladies Association will serve desserts. Activities include a petting zoo, pony rides, inflatable games, slides, and face painting. Families are encouraged to bring lawn chairs, blankets, and picnic supplies to this annual community event. On Tuesday, October 2, residents are encouraged to participate in National Night Out by spending the evening outside visiting with neighbors and Prosper’s public safety personnel. This annual event was created to heighten awareness, and strengthen participation in local anti-crime efforts. Contact Officer Erin Hubbard for more information or to schedule a block party. The deadline to register to vote in the November 6 election is October 9. Residents are encouraged to make sure their voter registration is up to date. Contact the Collin County or Denton County Election offices for more information. Mayor Pro-Tem Vogelsang invited the public to attend the next Library Leadership Series on Thursday, October 4, where he will be the guest speaker. 4. Presentations. • Presentation of the National Procurement Institute’s Achievement of Excellence in Procurement Award to members of the Town of Prosper Finance Department. (KN) Mayor Smith presented the award to Purchasing Agent January Cook. The Town has received this award for five consecutive years. • Presentation by members of the Collin County Bond Committee. (RB) Brian Loughmiller, a member of the Collin County Bond Committee, presented information regarding the propositions for the November 6, 2018, Collin County Bond Election. 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 meetings. (RB) • Regular Meeting – September 11, 2018 5b. Receive the July Financial Report. (KN) 5c. Consider and act upon adopting the FY 2018-2019 Prosper Economic Development Corporation budget. (MM) 5d. Consider and act upon a recommendation by the Prosper Economic Development Corporation for adoption of Tax Abatement Policy 2018. (MM) Item 5a 5e. Consider and act upon accepting a grant through the Texas Department of Transportation for Special Traffic Enforcement Program (S.T.E.P.). (DK) 5f. Consider and act upon Ordinance No. 18-75 amending Appendix A, “Fee Schedule,” of the Town’s Code of Ordinances. (JW) 5g. Consider and act upon authorizing the Town Manager to execute an Agreement between the Town of Prosper, Texas, and VP Windsong Operations LLC, related to West Prosper Roads Agreement. (HW) 5h. Consider and act upon authorizing the Town Manager to execute a Commercial Lease between the Town of Prosper, Texas and Effie Christie, related to 101 Dylan Drive, Suite D, Prosper, Texas. (DR) 5i. 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. James Dougherty, 440 Columbia Court, Prosper, spoke in opposition to a US 380 Bypass near Whitley Place. He requested the Town Council oppose any bypass alignment through Prosper that would affect Whitley Place. 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 Chapter 1, Section 8, of the Zoning Ordinance, Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures, regarding Public Hearing and Notice. (Z17- 0021). (AG) Item 5a Planning Manager Alex Glushko presented this item before the Town Council. On June 26, 2018, the Town Council amended the Sign Ordinance, and removed the regulations for zoning signs from the Sign Ordinance. As a result, staff is proposing to establish the zoning sign regulations in the Zoning Ordinance with this amendment. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Councilmember Hodges made a motion and Councilmember Korbuly seconded the motion to approve Ordinance No. 18-76 amending Chapter 1, Section 8, of the Zoning Ordinance, Changes and Amendments to all Zoning Ordinances and Districts and Administrative Procedures, regarding Public Hearing and Notice. The motion was approved by a vote of 6-0. DEPARTMENT ITEMS: 8. Consider and act upon a resolution finding that financing qualified projects pursuant to the PACE Act is a valid public purpose, and calling a public hearing on October 23, 2018, to consider establishment of a PACE program in the Town of Prosper. (CS) Chuck Springer, Executive Director of Administrative Services, introduced Charlene Heydinger, President of the Texas PACE Authority, who presented this item before the Town Council. The Texas legislature approved a new law in 2013 establishing the Property Assessed Clean Energy (PACE) Act. The law allows local governments to voluntarily establish PACE programs that enable commercial, industrial, agricultural, nonprofit, and multifamily property owners to voluntarily tie the obligation to repay the cost of energy and water efficiency improvements to their property with a property assessment. The PACE program is a voluntary tool that enables owners to lower their operating costs and pay for eligible improvements with the savings generated, taking advantage of affordable, long-term financing provided by private capital providers. The PACE program has currently been adopted by 13 counties and five individual cities in Texas. After discussion, Councilmember Miller made a motion and Councilmember Andres seconded the motion to adopt Resolution No. 18-77 finding that financing qualified projects pursuant to the PACE Act is a valid public purpose, and calling a public hearing on October 23, 2018, to consider establishment of a PACE program in the Town of Prosper. The motion was approved by a vote of 6-0. 9. Consider and act upon authorizing the Town Manager to execute a Master Equity Lease Agreement between the Town and Enterprise FM Trust, related to a fleet management program; an Amendment to Master Equity Lease Agreement to convert from an operating lease to a capital lease; an Amendment to Master Equity Lease Agreement to address Texas local government codes; an Addendum to Master Equity Lease Agreement to ensure self-insurance; a Maintenance Management and Fleet Rental Agreement and a Maintenance Agreement, related to vehicle repairs and service. (KN) Finance Director Kelly Neal presented this item before the Town Council. Staff has reviewed options for the Town to implement a full spectrum fleet management program consistent with the philosophy of the Town’s Vehicle and Equipment Replacement Fund Item 5a (VERF) policy. This program provides acquisition of all general fleet vehicles that are vetted through the VERF Subcommittee based on Enterprise’s recommendation for replacement. It does not cover replacement of specific public safety vehicles such as fire trucks and ambulances. The program also authorizes the Town to utilize their full maintenance program that will track all repairs and maintenance on the vehicles, roadside assistance, real-time alerts, mileage tracking, and provide access to their broad network of approved service companies. After discussion, Councilmember Miller made a motion and Councilmember Korbuly seconded the motion to authorize the Town Manager to execute a Master Equity Lease Agreement between the Town and Enterprise FM Trust, related to a fleet management program; an Amendment to Master Equity Lease Agreement from an operating lease to a capital lease; an Amendment to Master Equity Lease Agreement to address Texas local government codes; an Addendum to Master Equity Lease Agreement to ensure self- insurance; a Maintenance Management and Fleet Rental Agreement and a Maintenance Agreement, related to vehicle repairs and service. The motion was approved by a vote of 6-0. 10. Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper concerning the construction of the First Street (DNT Intersection Improvements) project. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Collin County is currently constructing the Southbound DNT Frontage Road project that includes improvements at the intersection of First Street and the DNT. The Town is currently designing the ultimate intersection improvements at First Street and the DNT. To avoid any additional costs to the Town for reconstructing improvements that Collin County has currently planned to construct with the Southbound DNT Frontage Road project, and to expedite the construction of the Town’s project, it is mutually beneficial to incorporate the construction of the First Street (DNT Intersection Improvements) project into the County’s project. Collin County has agreed to manage the construction change order with the contractor to facilitate the Town’s project with commitment from the Town to pay for the increase in construction costs associated with the change order. After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Hodges seconded the motion to authorize the Town Manager to execute an Interlocal Agreement between Collin County and the Town of Prosper concerning the construction of the First Street (DNT Intersection Improvements) project. 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 5a The Town Council recessed into Executive Session at 7:17 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 8:34 p.m. No action was taken as a result of the Executive Session. Councilmember Miller left the meeting at 8:35 p.m. 13. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Frontier Park Cell Tower Location Update. (AG) Mr. Glushko reviewed the proposed location for a cell tower in Frontier Park. The Council concurred with staff’s recommendation to locate the tower in the northwest corner of the Frontier Park soccer field. 14. Adjourn The meeting was adjourned at 8:50 p.m., on Tuesday, September 25, 2018. These minutes approved on the 9th day of October 2018. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 2 To: Mayor and Town Council From: January Cook, CPPO, CPPB, Purchasing Agent Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon approving the purchase of one backhoe/loader, from RDO Equipment Co., and grounds equipment from Professional Turf Products, L.P., through the Texas Local Government Purchasing Cooperative. Description of Agenda Item: The purchase of one backhoe loader is an approved FY 2018-2019 VERF replacement unit for a current 2006 backhoe/loader (Unit WATER02). This unit will be purchased through the Texas Government Purchasing Cooperative. The cost for this unit is $116,020.82. The purchase of grounds equipment approved as FY 2018-2019 VERF replacement units are as follows: • one Toro Groundsmaster 4500 Mower will replace current 2011 John Deere 5-gang riding mower (Unit PARKS07); • one Toro Workman GTX will replace current 2011 John Deere utility vehicle (Unit PARKS11); • two Toro SandPro 3040 Infield Groomers will replace two 2011 John Deere bunker and field rake three-wheelers (Units PARKS12 and PARKS13); and • two Toro Z-Master 60” Zero-Turn Mowers will replace two 2011 John Deere 60” Zero-Turn Mowers (Units PARKS 18 and PARKS19). All of the grounds equipment listed above will be purchased through the Texas Local Government Purchasing Cooperative. The total cost for these units is $131,533.43. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered into an interlocal participation agreement in June 2005, providing the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation in the cooperative purchasing program allows our local government to purchase goods and services from the cooperative’s online purchasing system, BuyBoard, while satisfying all competitive bidding requirements. Prosper is a place where everyone matters. FINANCE Item 5b Page 2 of 2 Budget Impact: The total cost for the purchase of all items is $247,554.25. The remaining funds for Park Operations will be utilized towards the purchase of other approved FY 2018-2019 VERF replacement units. Funding will be as follows: VERF – PARK OPERATIONS Budget Purchase Price Difference 410-6140-60-02 $157,336.00 $131 ,533.43 $25,802.57 VERF – PUBLIC WORKS WATER Budget Purchase Price Difference 410-6140-50-02 $120,000.00 $116,020.82 $3,979.18 Grand Total $277,336.00 $247,554.25 $29,781.75 Attached Documents: 1. RDO Equipment Co. Quote for Backhoe Loader 2. Professional Turf Products, L.P. Quote for Grounds Equipment Town Staff Recommendation: Town staff recommends approving the purchase of one backhoe/loader, from RDO Equipment Co., and grounds equipment from Professional Turf Products, L.P., through the Texas Local Government Purchasing Cooperative. Proposed Motion: I move to approve the purchase of one backhoe/loader, from RDO Equipment Co., and grounds equipment from Professional Turf Products, L.P., through the Texas Local Government Purchasing Cooperative. Item 5b Investment Proposal (Quote) RDO Equipment Co. 2902 N Central Expy McKinney TX, 75071 Phone: (214) 856-4899 - Fax: Proposal for: TOWN OF PROSPER 121 W BROADWAY PO BOX 307 PROSPER, TX, 75078 Collin Investment Proposal Date: Pricing Valid Until: Deal Number: Customer Account#: Sales Professional: Phone: Fax: Email: 9/21/2018 11/30/2018 1120099 8880663 Justen Phillips (972) 438-4699 (972) 438-6789 JPhillips@rdoequipment.com Comments BuyBoard Contract 515-16 Equipment Information Quantity Serial Number Hours (approx.) Status / Year / Make / Model Additional Items Cash Price 1 TBD 0 New 2018 JOHN DEERE 410L $194,718.58 Customer Discount BuyBoard Contract 515-16 ($80,649.94) Warranty -John Deere Power Train & Hyd.-60 Months, 2000 Hours,Deductible: 0 $0.00 1 TBD 0 Attachment - New 2018 JOHN DEERE 410HD36 $1,952.18 Equipment Subtotal: $116,020.82 Purchase Order Totals Balance:$116,020.82 Tax Rate 3: (TXEG 0%)$0.00 Sales Tax Total:$0.00 Sub Total:$116,020.82 Cash with Order:$0.00 Balance Due: $116,020.82 D1120099 Page 1 of 2 Attachment 1Item 5b Equipment Options Qty Serial Number Year / Make / Model Description 1 TBD 2018 JOHN DEERE 410L 0AB0T 410L BACKHOE LOADER 1065 ENGINE FT4 170C JDLINK 5YR TEMP LICENSE 50HR 2035 CAB 2401 DECAL ENG W/ENG PACKET 3095 AXLE MFWD W/LIM SLIP & AUTO 4466 TIRE GAL 21L24 12.5/80-18 5285 CONTROL PILOT 5410 COUPLER DEERE STD QUICK 5600 LESS BH BUCKET W/PINS 6020 DIPPER EXTENDABLE 6230 HYD,AUX W/1&2WAY FLOW, THUMB 7025 LDR 1 LEVER, NO AUX 7655 LDR BUCKET 1.5CY LONG LIP 8485 COUNTERWEIGHT 1250LB. 8685 BATTERY DUAL W/JUMP POST 9045 CHROME EXHAUST 9060 MIRRORS INTERIOR 9110 RIDE CONTROL 9116 ROOF W/LED LIGHTS 9505 MFWD FULL GUARD 9916 RADIO PREMIUM PACKAGE 9919 SUN VISOR 9920 MIRROR EXTERIOR REAR VIEW 9970 SEAT AIR SUSP CLOTH 1 TBD 2018 JOHN DEERE 410HD36 AT436333 BUCKET, 36" HD 12.5 CU FT D1120099 Page 2 of 2 Attachment 1Item 5b A t t a c h m e n t 2 I t e m 5 b A t t a c h m e n t 2 I t e m 5 b Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond, Director of Parks and Recreation Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute the Prosper Center Park Interlocal Joint Use Agreement between the Town of Prosper, Texas, and Prosper Independent School District as it relates to Legacy Elementary School and Prosper Center Park. Description of Agenda Item: The Prosper Independent School District (District) is in the process of constructing Legacy Elementary School. Town and District staff have worked together to coordinate on a proposed shared playground. The District will construct a playground on the Town property, currently known as the Prosper Center Park property. The Town will fund up to 50% of the cost with a maximum contribution of $35,000 for the construction of the playground. The District will construct additional parking along the southern perimeter of the school. This parking will function as parking for the park and playground. The Town will reduce the Tree Mitigation fee by $9,600 to help offset the cost of the parking. This agreement will also allow the District to install necessary utilities and grade on the park property as approved by the Town to construct the school. The District will construct a hike and bike trail along the eastern side of the school property within the park. This hike and bike trail will be constructed at the District’s cost, as this requirement was transferred to the District with the purchase of the property from Greater Texas Land Resources. This proposed playground sharing is similar to the playground and parking lot at Folsom Park just west of Folsom Elementary School, Cockrell Park next to Cockrell Elementary School, and Windsong Park next to Windsong Elementary School. Both the parking lot and playground areas (as shown in Exhibit B) will be maintained by the District at their cost. The parking and playground at Prosper Center Park property will be open to use by the general public for public recreation. The District and Town agree that if the District needs to utilize the playground for District- sponsored events outside school hours they will coordinate with the Town so that the public may be properly notified. Budget Impact: Funding for the playground (maximum amount of $35,000) will utilize the Park Improvement Fee Fund. This allocation will need to be included in a future budget approval. The parking lot is to be constructed by the District at their cost. Prosper is a place where everyone matters. PARKS & RECREATION Item 5c Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Prosper Center Park Interlocal Joint Use Agreement as to form and legality. Attached Documents: 1. Prosper Center Park Interlocal Joint Use Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute the Prosper Center Park Interlocal Joint Use Agreement between the Town of Prosper, Texas, and Prosper Independent School District as it relates to Legacy Elementary School and Prosper Center Park. Proposed Motion: I move to authorize the Town Manager to execute the Prosper Center Park Interlocal Joint Use Agreement between the Town of Prosper, Texas, and Prosper Independent School District as it relates to Legacy Elementary School and Prosper Center Park. Item 5c Page 1 of 12 PROSPER CENTER PARK INTERLOCAL JOINT USE AGREEMENT THIS INTERLOCAL AGREEMENT (“Agreement”) is made and entered into this ___ day of __________, 2018, by and between the Town of Prosper, Texas, a municipal corporation organized under the laws of the State of Texas (“the Town”), and the Prosper Independent School District, a political subdivision of the State of Texas (“the District”), subject to the following terms and conditions. Collectively, the Town and the District may be referred to as the “Parties.” WHEREAS, the Town owns real property within the corporate limits of the Town containing 3.566+/- acres, more or less, described as Prosper Center, Lot 7, Block A, and containing 27.213+/- acres, more or less, described as Prosper Center, Lot 6, Block A as shown on attached Exhibit A (“Park Properties”), incorporated by reference; and WHEREAS, the Park Property is adjacent to Legacy Elementary School (“School”), and the District has determined that an additional playground facility (as defined in Paragraph 1, below) is needed for use by the students at the School; and WHEREAS, the District has determined that space for the Playground is not available on the School’s property; and WHEREAS, the Town has determined that space for the Playground is available on the Park Property; and WHEREAS, the Parties mutually recognize the public interest in developing a Playground, as reflected in attached Exhibit B, attached hereto and incorporated by reference, on the Park Property, adjacent to the School; and WHEREAS, the Town and the District also mutually recognize that the taxpayers of each governmental entity are best served by the maximum utilization of the Park Property and Playground, and such utilization will minimize the need for costly duplication of similar facilities. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. Obligations of the Parties. A. Obligations of the Town. • Town shall give the District a maximum of $35,000.00 to assist in the construction of the playground. Upon development of the park location with improvements other than parking facilities and said playground, the District shall submit a written request to the Town for payment. The Town shall submit payment to the District within thirty (30) days of receiving notice. • The Town will reduce the tree mitigation fee of $23,000.00 by $9,500.00 to help offset the cost of the parking construction near the playground. Item 5c Page 2 of 12 • The Town will allow the construction of the Playground on Park Property, as reflected in attached Exhibit B, as determined by the Town, all of which shall be referenced herein collectively as the “Playground.” • The Town will allow the PISD to temporarily grade into the Park Property along the northern, eastern and southern property boundary for the development of the school property. • The Town will allow the drainage easements on Park Property to extend from the school site to the existing creek. The storm drain improvements will include necessary pipe, headwalls and outlet protection, rock rip rap, etc. • The Town will allow the construction of the hike and bike trail on the Park Property as approved on the construction plans. The hike and bike trail will be maintained by the Town after approving the construction. • The Town will allow the construction of the retaining walls and handrails on the Park Property as approved on the construction plans. B. Obligations of the District. • The District, as a part of their agreement with the purchase of the property, agree at their cost shall construct the hike and bike trail, as reflected in attached Exhibit C. The construction of the hike and bike trail shall be subject to Town approval of all engineering and design plans. • The District will construct and maintain the retaining wall (3’ maximum height) and handrail adjacent to the hike and bike trail that is located on the Park Property. This is needed to allow the construction of the school building and parking. • The District at its cost shall construct and maintain the parking area adjacent to the Playground, as reflected in attached Exhibit B. The construction of the parking area shall be subject to Town approval of all engineering and design plans. • The District at its cost shall construct and maintain the playground and all associated elements as reflect in attachment Exhibit B. The construction of the playground shall be subject to Town approval of all engineering and design plans. 2. Maintenance Obligations of the District. • Upon completion of construction of the Playground and improvements by the District, the District shall be responsible for any and all costs associated with the maintenance, repair and operation of the Playground. The District, as it deems necessary, may employ contractors or subcontractors to perform maintenance and repair work and shall be responsible for all such repair and maintenance costs. Item 5c Page 3 of 12 • Upon completion of construction of the retaining wall and handrail improvements by the District, the District shall be responsible for any and all costs associated with the maintenance, repair and operation of the retaining wall and handrail. The District, as it deems necessary, may employ contractors or subcontractors to perform maintenance and repair work and shall be responsible for all such repair and maintenance costs. 3. Rules and Regulations. The Town and the District recognize that the District has adopted, or will adopt, certain rules and regulations covering the use of the Playground and the conduct of persons at or on such Playground, which rules may be amended from time to time at the District’s sole discretion, in order to ensure the continued and uninterrupted operation of the Playground and the safety of all users. The District agrees that it will adequately notify Playground users of the rules and regulations promulgated by the District relating to such Playground. Playground users that fail to comply with the District’s rules may be suspended from use of the Playground until the District and the Town receive written assurances that the rules will be followed in the future, and both Parties mutually agree that the suspension from use will be lifted. Additionally, the Town may adopt and enforce ordinances in conjunction with District’s rules and regulations. A. Use of the Playground i) The Playground shall be open to use by the general public for public recreation. The District and Town agree that if the District needs to utilize the Playground for District-sponsored events outside school hours that the District will coordinate with the Town so that the public may be properly notified. The Town and District shall use the Playground only for the purposes outlined in this Agreement. ii) The Town and the District shall not use, or permit the use of, the Playground in any manner that results in waste of the Playground or constitutes a nuisance, nor shall the Town and the District use, or permit the use of, the Playground for any illegal purpose. iii) The Town and the District shall comply with all governmental laws, ordinances and regulations applicable to the use of the Playground, and they shall comply with all governmental orders and directives for the correction, prevention and abatement of nuisances and other activities in or upon, or connected with the Playground. iv) To the extent any alterations to the Playground identified in this Agreement, subsequent to completion of construction of the Playground, are required or otherwise mandated by the Americans with Disabilities Act, as amended, or other applicable laws or regulations, the District shall be responsible for one hundred percent (100%) of the expense of the alterations. Item 5c Page 4 of 12 v) Any signs installed by the Town and the District on the Playground or property shall conform to applicable laws, and other applicable requirements. B. Liability i) The Town shall not be liable for any damage or injury to the persons, business (or any loss of income), goods, inventory, furnishings, fixtures, equipment, merchandise or other property of the District, the District’s employees, invitees or licensees, whether the damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or wind; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, plumbing, air conditioning or lighting fixtures or any other cause; (c) conditions arising on or about the Playground or upon other portions of any building of which the Playground is a part, or from other sources or places; or (d) any act or omission of the District. The Town shall not be liable for any damage or injury even though the cause of or the means of repairing the damage or injury are not accessible to the District. The Town does not waive its right of sovereign immunity by entering into or performing the terms and conditions of this Agreement. ii) The District shall not be liable for any damage or injury to the persons, business (or any loss of income), goods, inventory, furnishings, fixtures, equipment, merchandise or other property of the Town proximately caused by the intentional misconduct or negligence of the Town, its employees, officers, or agents after the effective date of this Agreement. The District does not waive its right of sovereign immunity by entering into or performing the terms and conditions of this Agreement. C. Compliance with the Law The Parties shall insure that all operations and vendor or concessionaire activities, if any, will comply with applicable federal, state and local laws. The District and the Town shall not be responsible for the compliance of third parties with this provision. D. Maintenance and Surrender i) The District shall, at all times, keep the Playground in good order, condition and repair, ordinary wear and tear excepted, including, but not limited to, maintenance and repairs as provided in this Agreement. ii) The Town, shall comply with all laws, rules, orders, ordinances, directions, regulations and requirements of federal, state, county and municipal authorities pertaining to the Town’s use of the Playground and with the recorded covenants, conditions and restrictions, regardless of when they become effective, including, without limitation, all applicable federal, state and local laws, regulations or ordinances pertaining to air Item 5c Page 5 of 12 and water quality, hazardous materials waste disposal, air emissions and other environmental matters, all zoning and other land use matters, and with any direction of any public officer or officers, pursuant to law, which impose any duty upon the Town with respect to the use or occupancy of the Playground. 4. Incidents. All accidents to persons or damage to the Playground shall be reported by the party receiving the report of the accident or damage to the other party verbally within twenty-four (24) hours, and it is agreed by the Parties that verbal notice may include leaving a voice mail message at the contact numbers identified in Paragraph 9, below, and in writing within three (3) business days from the date of such accident or damage. 5. Insurance. A. Liability Insurance Each party hereto shall maintain during the term of this Agreement a general liability insurance policy covering damages arising out of personal or bodily injury or death and damage to property, including the loss thereof, occurring on or in any way related to the use of the Playground covered by this Agreement, with limits of not less than one million dollars ($1,000,000.00) dollars annual aggregate limit or five hundred thousand ($500,000.00) dollars single limit per occurrence annual aggregate. Such insurance policy shall provide that the insurer shall give not less than thirty (30) days prior written notice of the cancellation thereof to the other party. Each party shall give the other party evidence of such insurance coverage within thirty (30) days from the execution date of this Agreement. B. Property Insurance The Town shall maintain property insurance on the Park Property. 6. Default. The failure of a party to abide by any of the terms and conditions of this Agreement shall constitute an Event of Default. In the event of a non-monetary default, the non- defaulting party shall notify the defaulting party of such event of default in writing. If the non- monetary event of default does not involve the safety of person or property, in the sole determination of the non-defaulting party, the defaulting party shall have thirty (30) days from the date of notice within which to cure the default; or if the default is not susceptible of being cured within such thirty (30) day period, the defaulting party shall have ten (10) days from the date of notice to commence cure of the default and shall continuously and vigorously pursue the same to completion. If the non-monetary event of default involves the safety of person or property, in the sole discretion of the non-defaulting party, the defaulting party shall have twenty-four (24) hours within which to cure such default, failing which the non-defaulting party shall have the right to suspend the defaulting party’s right to use the Playground until the default is cured. In the event of a monetary default or a non-monetary default which has not been cured within the time set forth above, the non-defaulting party shall have the right to immediately terminate this Agreement. Item 5c Page 6 of 12 7. Term. The term of this Agreement shall be for thirty (30) years, and unless written notice is given by one Party to the other that this Agreement shall terminate at the conclusion of said thirty (30) years, then this Agreement shall automatically renew for an additional five (5) year term. 8. District Board of Trustees and Town Council Approval. This Agreement is entered into by District pursuant to action taken by its Board of Trustees dated _________, 2018, authorizing the Superintendent to execute the same on behalf of the Prosper Independent School District, and by Town pursuant to action taken by its Town Council on __________, 2018, authorizing the Town Manager to execute the same on behalf of the Town of Prosper. 9. Miscellaneous Provisions. A. Notices. Any notice required or permitted under this Agreement shall be given when actually delivered or when deposited in the United States mail as certified mail addressed as follows: To the District: Prosper Independent School District Superintendent P. O. Box 100 Prosper, Texas 75078 Telephone: 972-346-3316 Facsimile: 972-346-9247 To the Town: Town of Prosper Town Manager P.O. Box 307 Prosper, Texas 75078 Telephone: 972-346-2640 Facsimile: 972-346-9335 B. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. C. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. D. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Item 5c Page 7 of 12 E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of the governmental, sovereign, or official immunity afforded by law to either the Town or the District. F. Non-Transferable. Neither party hereto shall sublet, transfer or assign any of its rights hereunder to a third party. Item 5c Page 8 of 12 G. Cumulative Remedies. All rights and remedies of the Town and the District under this Paragraph shall be cumulative, and none shall exclude any other right or remedy provided by law, or by any other provisions of the Agreement. All such rights and remedies may be exercised and enforced concurrently and whenever, and as often, as occasion for their exercise arises. H. Waiver of Breach. A waiver by either the Town or the District of a breach of the Agreement by the other party does not constitute a continuing waiver or a waiver of any subsequent breach of the Agreement. I. Parties Bound. The Agreement shall be binding upon, and inure to the benefit of, the Parties to the Agreement and their respective heirs, executors, administrators, legal representatives, successors, and assigns when permitted by this Agreement. J. Legal Construction. In case any one or more of the provisions contained in the Agreement shall for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of the Agreement, and the Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been included in the Agreement. K. Drafted Equally by all Parties. The Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of the Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. L. Amendment. No amendment, modification, or alteration of the terms of the Agreement shall be binding unless it is in writing, dated subsequent to the date of the Agreement, and duly executed by the parties to the Agreement. M. Force Majeure. Neither the Town nor the District shall be required to perform any term, condition, or covenant in the Agreement so long as performance is delayed or prevented by force majeure, which shall mean acts of God, strikes, lockouts, material or labor restrictions by any governmental authority, civil riots, floods, and any other cause not reasonably within the control of the Town or the District and which by the exercise of due diligence the Town or the District is unable, wholly or in part, to prevent or overcome. Item 5c Page 9 of 12 TOWN OF PROSPER, TEXAS By: ________________________________ Harlan Jefferson, Town Manager Date: ______________________ ATTEST: _________________________________ Robyn Battle, Town Secretary PROSPER INDEPENDENT SCHOOL DISTRICT By: ________________________________ Drew Watkins, Superintendent Date: _______________________ Item 5c Page 10 of 12 Exhibit A Park Properties Town of Prosper Block A, Lot 6 Town of Prosper Block A, Lot 7 PISD Elementary School Property Item 5c Page 11 of 12 Exhibit B Hike and Bike Trail Hike and Bike Trail Item 5c Page 12 of 12 Exhibit C Parking Lot and Playground Item 5c 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 – October 9, 2018 Agenda Item: Consider and act upon approving the purchase of third-party building permit and fire code-related plan review and inspection services, through an existing Professional Services Agreement with Bureau Veritas North America, Inc. Description of Agenda Item: On December 8, 2015, the Town Council approved a Professional Services Agreement with Bureau Veritas North America, Inc. (BVNA), for third-party building permit plan review and inspection services. Due to the increase of commercial development and the impact on the Fire Marshal’s office, the agreement also included a provision for BVNA to conduct fire code-related plan review and inspections, on as needed basis, with the costs of these services billed directly to the client. The Building Inspections Division is fully staffed and is able to review all residential plans and conduct inspections. Staff is also able to review plans and conduct inspections for many commercial projects, but we continue to need the resources of BVNA to provide these services for larger, time-consuming non-residential projects such as big box retail/commercial centers, schools, auto dealerships, and large medical facilities such as the upcoming Cook Children’s Hospital. Budget Impact: BVNA’s services will be used on an as-needed basis only. The estimated annual expenditure for FY 2018-2019 is $474,500, and is budgeted in 100-5410-40-01 Professional Services. Subsequent annual expenditures will be subject to budget appropriations granted in future fiscal years. Attached Documents: 1.Professional Services Agreement Prosper is a place where everyone matters. DEVELOPMENT SERVICES Item 5d Page 2 of 2 Town Staff Recommendation: Town staff recommends approving of the purchase of third-party building permit and fire code- related plan review and inspection services, through an existing Professional Services Agreement with Bureau Veritas North America, Inc. Proposed Motion: I move to approve the purchase of third-party building permit and fire code-related plan review and inspection services, through an existing Professional Services Agreement with Bureau Veritas North America, Inc. Item 5d Item 5d Item 5d Item 5d Item 5d Item 5d Item 5d Item 5d Item 5d Item 5d Item 5d Item 5d Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute an Interlocal Agreement for Geographic Information System (GIS) services between the Town of Prosper and the City of Frisco. Description of Agenda Item: Since 2003, the Town of Prosper has contracted with the City of Frisco for the provision of GIS services to the Town. The current Interlocal Agreement (ILA) with Frisco expired on September 30, 2018. The attached ILA with Frisco provides existing GIS services through September 30, 2019. A Statement of Work is attached to the ILA. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government. Frisco is tentatively scheduled to consider this ILA at their Regular City Council meeting on October 16, 2018. Budget Impact: Approval of this agreement obligates the Town to pay Frisco $61,000 divided into four (4) equal quarterly payments for the provision of GIS services. In FY 2017-2018 the cost of GIS services was $75,182; however, that included a one-time expense of $20,000 for costs associated with the construction of two (2) on-line interactive GIS map applications. Therefore, this agreement reflects a $5,818 base cost increase of services, including the maintenance of the GIS map applications. This amount was approved by Council with adoption of the FY 2018-2019 budget in 100-5410-40-03 Professional Services.. Legal Obligations and Review: The ILA was previously prepared by the City of Frisco; Terrence Welch of Brown & Hofmeister, L.L.P., has previously approved the ILA as to form and legality. Prosper is a place where everyone matters. PLANNING Item 5e Page 2 of 2 Attached Documents: 1. Interlocal agreement 2. Statement of work Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute an Interlocal Agreement for GIS services between the Town of Prosper and the City of Frisco. Proposed Motion: I move to authorize the Town Manager to execute an Interlocal Agreement for Geographic Information System (GIS) Services between the Town of Prosper and the City of Frisco. Item 5e INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF FRISCO, TEXAS AND THE TOWN OF PROSPER, TEXAS (Geographic Information Systems Services) THIS AGREEMENT (the “Agreement”), made and entered into this _____ day of October, 2018, by and between the CITY OF FRISCO, TEXAS (“Frisco”), a municipal corporation, and the TOWN OF PROSPER (“Prosper”), a municipal corporation. WHEREAS, Frisco has investigated and determined that it would be advantageous and beneficial to Frisco and its citizens to provide Geographic Information System (“GIS”) services to Prosper; and WHEREAS, Prosper has investigated and determined that it would be beneficial to Prosper and its citizens to employ Frisco for the purpose of providing GIS services for Prosper; and WHEREAS, Prosper has investigated and determined that GIS services will be used to develop and maintain a database and materials that will be beneficial in attracting future economic development to Prosper; and WHEREAS, Prosper has investigated and determined that Frisco has adequate personnel and equipment to provide the necessary GIS services; and WHEREAS, Prosper has investigated and determined that obtaining GIS services from Frisco, as set forth below, will be the most efficient use of funds for GIS services; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code (the “Act”), provides the authority to political subdivisions for contracts by and between each other to facilitate the governmental functions and services of said political subdivisions under the terms of the Act. NOW, THEREFORE, in consideration of the covenants and conditions contained in this Agreement, Frisco and Prosper agree as follows: 1. Obligations of Prosper. Prosper will provide to Frisco the materials included in the Statement of Work, attached hereto as Exhibit “A” and incorporated herein for all purposes, in accordance with the project schedule included in Exhibit “A”. 2. Obligations of Frisco. A. Frisco will provide the GIS services outlined in Exhibit “A” in accordance with the project schedule included in Exhibit “A”. Item 5e B. The electronic data created by Frisco as outlined in Exhibit “A” will be the property of Prosper and Frisco and shall be provided to Prosper periodically upon written request and/or upon termination of this agreement. 3. Compensation. Prosper shall pay to Frisco $61,000.00 as compensation for the GIS services provided to Prosper in accordance with this Agreement. The compensation shall be divided into four (4) quarterly equal payments. 4. Term/Termination. The term of this Agreement shall commence on the date established above and shall continue in effect until September 30, 2019. It is the intent of both parties to extend this agreement through the 2019-2020 fiscal year. At the time of execution of this agreement, the statement of work for Fiscal Year 2019-2020 had not been determined, nor had the compensation for such work been calculated. Prior to the termination of this agreement, the parties shall complete the determination of the Fiscal Year 2019-2020 statement of work and the compensation calculations for such work and negotiate an extension to this agreement to September 30, 2020. Similar extensions shall be negotiated near the termination of each fiscal year until such time as either party desires to terminate the agreement. 5. Notice. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Mail, postage pre-paid, certified mail, return receipt requested, addressed to either party, as the case may be, at the addresses contained below: City: City of Frisco Attn: City Manager 6101 Frisco Square Blvd Frisco, Texas 75034 Town: Town of Prosper Attn: Town Manager P.O. Box 307 Prosper, TX 75078 6. Miscellaneous. A. Assignment. This Agreement is not assignable without the prior written consent of the Parties. B. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. C. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. Item 5e D. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. E. Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. F. Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. G. Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. H. Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. I. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. J. Pursuit of a Governmental Function. Both Frisco and Prosper have determined by their execution of this Agreement that this Agreement and the obligations of the parties contained herein are in discharge of a governmental function as set forth in the Interlocal Cooperation, Chapter 791, Texas Government Code, and the participation by either party in the terms of this Agreement shall not make such party an agent or representative of the other party. K. Sovereign Immunity. The parties agree that neither Frisco nor Prosper has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. L. Binding Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No third party shall have any rights herein. Item 5e IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. THE CITY OF FRISCO, TEXAS By: ________________________ Date: ___________ Name: ______________________ Title: _______________________ THE TOWN OF PROSPER By: ________________________ Date: ___________ Name:______________________ Title: _______________________ Item 5e STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared ____________________________ known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the TOWN OF PROSPER, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____ day of __________, 2018. _______________________________________ Notary Public in and for the State of Texas My Commission Expires: _______________________________________ STATE OF TEXAS § § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared _________________________, known to me to be one of the persons whose names are subscribed to the foregoing instrument; he/she acknowledged to me he/she is the duly authorized representative for the CITY OF FRISCO, TEXAS, and he/she executed said instrument for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ____day of ___________, 2018. _______________________________________ Notary Public in and for the State of Texas My Commission Expires: _______________________________________ Item 5e Page 1 EXHIBIT A Statement of Work GIS Services for Town of Prosper City of Frisco, GIS FY2018-2019 Introduction This Statement of Work sets forth requirements of the City of Frisco (Frisco) to provide GIS Services to the Town of Prosper (Prosper) for the implementation of work, including the maintenance of GIS Layers, maintenance of Web-based Applications, and third-party cooperatives. Contacts In support of GIS Services to be performed: • Frisco shall designate the GIS Manager as the sole point of contact for all requests. The GIS Manager will assign tasks to Frisco staff accordingly. • Prosper shall designate the Planning Manager as the sole point of contact for all requests. • The Planning Manager and GIS Manager will work in conjunction with appropriate staff and act as liaisons for their respective entities. • When appropriate, the Planning Manager and/or GIS Manager will assign communication to internal staff for continued correspondence. Work To Be Performed Create/Maintain GIS Layers Prosper has requested the following data layers/groups be created and/or maintained: 1. Abandoned Sanitary Sewer* 2. Abandoned Water* 3. Abstracts† 4. Address Grid† 5. Address Points 6. Annexation 7. Annexation Agreements 8. Bridges* 9. Contours† 10. County Lines† 11. Current Aerials† 12. Current Land Use† 13. Developer Agreements 14. Franchise Electric Providers*† 15. Elevation Models† 16. ETJ 17. FEMA† 18. Fire Map Book Grid† 19. Future Land Use Plan† 20. Franchise Natural Gas Providers*† 21. Hike & Bike Trails 22. Historical Aerials† 23. Hunting Layer 24. Limited Purpose Annexations 25. Parcel 26. Parks 27. Ponds & Lakes 28. Pre-Construction Parcels* 29. Pre-Construction Roads* 30. Public Facilities 31. Roads 32. Sanitary Sewer* 33. School Districts† 34. Schools 35. Sex Offender Free Zones 36. Special Districts Item 5e Page 2 37. Storm* 38. Streams† 39. Subdivision 40. Thoroughfare Plan† 41. Town Limits 42. Warning Sirens 43. Wastewater CIP† 44. Water CIP† 45. Water* 46. Wet/Dry Alcohol Sales 47. Zip Codes 48. Zoning *Denotes sensitive layer that will not be available for public viewing †Denotes sourced data not maintained by Frisco In order to maintain the layers, Prosper will provide Frisco with: 1. Approved Final Plats, Re-plats, Conveyance Plats, Amending Plats and Site Plans in both PDF and AutoCAD formats; 2. PDF and AutoCAD (verified to be inclusive of all relevant data) construction documents and as built drawings in accordance with the guidelines set within the “Non-governmental Cooperatives” section of this document; 3. Zoning and Specific Use Permit legal description boundaries and/or adopted ordinances, with an average of three (3) per month; and 4. Annexation legal description boundaries and/or adopted ordinances, with an average of two (2) per month. Maintain Web-based Applications Frisco will maintain two (2) online mapping applications; one (1) for internal/staff access and use only, which will contain the noted sensitive layers, and one (1) for external/public access and use, which will not contain the noted sensitive layers. The average maintenance shall not exceed ten (10) hours per month. Prosper may provide Frisco up to twelve (12) layers (maximum of one per month) to be uploaded to the interactive maps, provide the layers (including schema, required fields, field aliases, and symbology) are created and maintained by Prosper. Inter-agency Cooperatives Frisco will work with the following governmental agencies on Prosper’s behalf to fulfill GIS data requests: Collin County, Denton County, Collin Central Appraisal District (CCAD), Denton Central Appraisal District (DCAD), the US Census Bureau, and the North Central Texas Council of Governments (NCTCOG). Non-governmental Cooperatives Frisco will work with the following entities supporting Prosper’s GIS efforts: NewEdge Services and Esri. No other entities or integrations will be taken on as part of this Statement of Work. Frisco will provide data exports of all requested GIS layers on a monthly basis for use by Town staff and New Edge Services for Cityworks integration. Frisco will use the existing processes and schema to continue providing monthly tax roll information to Superion for TRAKiT consumption. Frisco will engage RAMTeCH Corporation for a continuation of the current data conversion contract. Prosper will provide Frisco as built drawings, in both PDF and AutoCAD formats (verified to include all relevant data), along with any GPS data collected, to be converted by Item 5e Page 3 RAMTeCH within two (2) weeks of receipt by Prosper; with annual direct data conversion costs not to exceed $6,600. To maintain efficiencies, Frisco will send these plans to RAMTeCH in bulk deliveries upon receipt of at least six (6) plans or every three (3) months whichever occurs first. Prosper shall endeavor to minimize the number of inaccurate data conversion files provided to Frisco. Should five (5) project files be rejected more than two (2) times for missing and/or accurate information, Prosper shall be subject to Frisco GIS labor costs, as outlined below. In Support of Data Conversion Prosper will: • Work with developers to ensure accurate and complete submittals • Provide Frisco with as-built construction plans within two-weeks of receipt by Prosper Frisco will: • Receive and process as-built documents from Prosper including sending them to RAMTeCH for data conversion • Provide quality control and subsequent correction and completion of converted data received from RAMTeCH • Populate Prosper’s GIS geodatabase with the newest available data Frisco will not: • Engage in conversations with developers or architectural and engineering firms on Prosper’s behalf Additional GIS Services Any additional services beyond the scope of this agreement will be evaluated for acceptability by Frisco and Prosper and if accepted will be charged according to the following pricing matrices: Data conversion: GIS Labor: UNIT Types of Data Unit Cost Lots Parcels 1.25$ Lots Water 1.25$ Lots Sanitary Sewer 1.25$ Lots Storm Sewer 1.25$ LF Water CIP 0.12$ LF Sanitary Sewer CIP 0.12$ LF Storm Sewer CIP 0.12$ LF Reclaimed Water CIP 0.12$ Easement Easements 1.50$ Task Employee Hourly Rate Administrative Management 120.00$ AGO Admin Data Administrator 100.00$ Custom Sr Analyst/Develop 90.00$ Data Collection Senior Technician 80.00$ Data Analysis Analyst 80.00$ Data Assembly Technician 60.00$ Item 5e Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. Description of Agenda Item: Attached is the Site Plan that was acted on by the Planning & Zoning Commission at their October 2, 2018, meeting. Per the Town’s Zoning Ordinance, the Town Council has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department for any Preliminary Site Plan or Site Plan acted on by the Planning & Zoning Commission. Attached Documents: 1.Site Plan for Prosper Trail Elevated Storage Tank Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Prosper Trail Elevated Storage Tank Site Plan North of Prosper Trail, east of Shasta Lane N/A Wireless Communication and Support Structure Verizon Additional Information: Regarding the Prosper Trail Elevated Storage Tank Wireless Communications and Support Structures, the Planning & Zoning Commission voted to approve the Preliminary Site Plan, subject to: 1.Town Council approval of a Specific Use Permit for the proposed facilities. 2.Town Council approval of a lease agreement for the proposed facilities. The Specific Use Permit and lease agreement are tentatively scheduled for Town Council consideration at the October 23, 2018, meeting. Town Staff Recommendation: Town staff recommends that the Town Council take no action on this item. Prosper is a place where everyone matters. PLANNING Item 5f W S h a s t a L a n e S 1 8 - 0 0 0 7 E x h i b i t A D18-0082 Item 5f D 1 8 - 0 0 8 2 I t e m 5 f D 1 8 - 0 0 8 2 I t e m 5 f Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Alex Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit (SUP) for a Child Day Care Center (Ace Montessori), in Windsong Ranch Marketplace, on 2.5± acres, located on the east side of Gee Road, north of US 380. The property is zoned Planned Development-40 (PD-40). (S18-0006). 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 PD-40-Mixed Use Undeveloped US 380 District North PD-40-Mixed Use Undeveloped (100 Year Floodplain) Medium Density Residential East PD-40-Mixed Use Windsong Ranch Marketplace US 380 District South PD-40-Mixed Use Windsong Ranch Marketplace US 380 District West Commercial Undeveloped US 380 District Requested Zoning – The purpose of this request is to allow for a licensed child care center (Ace Montessori). Exhibit B shows the proposed layout, which consists of a one-story, 12,437 square- foot building. The parking and outdoor play area meet Zoning Ordinance requirements. Exhibit C is a conceptual landscape plan, which depicts the location of required landscaping. The landscaping meets the minimum standards of the Zoning Ordinance. 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 PD-40 and the Zoning Ordinance. Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 3 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 north, east, and south are zoned PD-40-Mixed Use, with the property to the east and south developed as a retail shopping center and to the north the property is undeveloped floodplain. The property to the west, across Gee Road, is undeveloped and zoned Commercial. 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 licensed child care center. 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 PD-40; 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 Gee Road; a future 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 Gee Road and to US 380 through the retail development. 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. Legal Obligations and Review: Notification was provided to neighboring property owners as required by state law. To date, Town staff has not received any Public Hearing Notice Reply Forms. 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. SUP Exhibits A, B, C, and D 3. Ordinance Item 7 Page 3 of 3 Planning & Zoning Commission Recommendation: At their September 4, 2018 meeting, the Planning & Zoning Commission, by a vote of 6-0, recommended the Town Council approve the request. Town Staff Recommendation: Town staff recommends that the Town Council approve the request. Town Council Public Hearing: I move to approve an ordinance for a Specific Use Permit for a Child Day Care Center (Ace Montessori), in Windsong Ranch Marketplace, on 2.5± acres, located on the east side of Gee Road, north of US 380. Item 7 GE E R D US HIGHWAY 380 LOCKWOOD DR S18-0006 ±0 110 220 33055Feet Item 7 GE E R D US HIGHWAY 380 LOCKWOOD DR S18-0006 PD-40 PD-40 M C SF ±0 110 220 33055Feet Item 7 I t e m 7 L 2 L 3 L 4 L1 L8 L 9 4 6 4 4 2 ' O H 2 ' O H R 1 0 ' R 1 0 ' R 5 ' R 1 0 ' R 5 ' R 1 5 ' 1 5 ' L B 1 5 ' L B 1 5 ' L B 30' BS 6 0 ' B S 6 0 ' B S 6 0 ' B S P R O P . 1 5 ' W E 6 A C E M O N T E S S O R I S C H O O L I D 2 4 ' 1 8 ' 2 4 ' 9' 20' 9 ' 20' 9 ' 4 ' 2 4 ' 5 ' 9' 5 0 ' 5 ' B S 5 ' 2 0 ' T R A C T 1 O F S A I L I N G S A 1 6 7 5 A I N S T . N O . 2 0 1 2 - 5 9 9 2 4 , O W N E R : T V G T E X A S I L L C Z O N I N G : P D - 4 0 L A N D U S E : V A C A N T F U T U R E L A N D U S E P L A N : U S 3 8 0 D I S T R I C T L O T 4 , B L O C K A W I N D S O N G R A N C H M A R K E T P L A C E V O L . 2 0 1 7 , P G . 3 1 2 O W N E R : N O R T H E A S T 4 2 3 / 3 8 0 L T D Z O N I N G : P D - 4 0 L A N D U S E : R E T A I L F U T U R E L A N D U S E P L A N : U S 3 8 0 D I S T R I C T L O T 5 , B L O C K A W I N D S O N G R A N C H M A R K E T P L A C E V O L . 2 0 1 7 , P G . 3 1 2 O W N E R : N O R T H E A S T 4 2 3 / 3 8 0 L T D Z O N I N G : P D - 4 0 L A N D U S E : V A C E N T F U T U R E L A N D U S E P L A N : U S 3 8 0 D I S T R I C T G R E A S E T R A P E X I S T I N G F I R E H Y D R A N T EXISTINGFIREHYDRANTEXISTINGFIREHYDRANTLOT 2R, BLOCK AWESTFORK CROSSING ADDITIONOWNER: NORTHWEST 423/380 LP &MOUNTAINPRIZE INCZONING: COMMERCIALLAND USE: VACANTFUTURE LAND USE PLAN: US 380 DISTRICT R 1 0 ' 1 1 2 ' O H 2 ' O H 2 ' O H 2 ' O H 2 ' O H 6 2 ' O H 5 ' L A N D S C A P E S E T B A C K 11.5'12.5' 1 0 ' 5 ' L A N D S C A P E S E T B A K PROPOSED 3' BER M PROPOSED 3' BER M PROPOSED 3' BER M F F E - 5 6 8 . 0 0 2 5 ' L A N D S C A P E E A S E M E N T C O N C R E T E S T R U C T U R E L 5 L 6 L7 1 5 ' L B LOT 7, BLOCK AWINDSONG RANCH MARKETPLACEVOL. 2017, PG. 312OWNER: KROGER TEXAS LPZONING: PD-40LAND USE: RETAILFUTURE LAND USE PLAN: US 380 DISTRICT T R A C T 1 A O F S A I L I N G S A 1 6 7 5 A O W N E R : T E R R A V E R D E G R O U P L L C Z O N I N G : P D - 4 0 L A N D U S E : V A C A N T F U T U R E L A N D U S E P L A N : U S 3 8 0 D I S T R I C T A C E M O N T E S S O R I S C H O O L S I T E D E V E L O P M E N T 2 . 5 0 8 A C R E S I N T H E W I N D S O N G R A N C H M A R K E T P L A C E S U B D I V I S I O N V O L . 2 0 1 7 , P G . 3 1 2 T O W N O F P R O S P E R , D E N T O N C O U N T Y , T E X A S T X P E F I R M # 1 1 5 2 5 SITE T O W N O F P R O S P E R S I T E P L A N G E N E R A L N O T E S 1 . D U M P S T E R S A N D T R A S H C O M P A C T O R S S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 2 . O P E N S T O R A G E , W H E R E P E R M I T T E D , S H A L L B E S C R E E N E D I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 3 . O U T D O O R L I G H T I N G S H A L L C O M P L Y W I T H T H E L I G H T I N G A N D G L A R E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E A N D S U B D I V I S I O N O R D I N A N C E . 4 . L A N D S C A P I N G S H A L L C O N F O R M T O L A N D S C A P E P L A N S A P P R O V E D B Y T H E T O W N . 5 . A L L E L E V A T I O N S S H A L L C O M P L Y W I T H T H E S T A N D A R D S C O N T A I N E D W I T H I N T H E Z O N I N G O R D I N A N C E . 6 . B U I L D I N G S O F 5 , 0 0 0 S Q U A R E F E E T O R G R E A T E R S H A L L B E 1 0 0 % F I R E S P R I N K L E D . A L T E R N A T I V E F I R E P R O T E C T I O N M E A S U R E S M A Y B E A P P R O V E D B Y T H E F I R E D E P A R T M E N T . 7 . F I R E L A N E S S H A L L B E D E S I G N E D A N D C O N S T R U C T E D P E R T O W N S T A N D A R D S O R A S D I R E C T E D B Y T H E F I R E D E P A R T M E N T . 8 . T W O P O I N T S O F A C C E S S S H A L L B E M A I N T A I N E D F O R T H E P R O P E R T Y A T A L L T I M E S . 9 . S P E E D B U M P S / H U M P S A R E N O T P E R M I T T E D W I T H I N A F I R E L A N E . 1 0 . H A N D I C A P P E D P A R K I N G A R E A S A N D B U I L D I N G A C C E S S I B I L I T Y S H A L L C O N F O R M T O T H E A M E R I C A N S W I T H D I S A B I L I T I E S A C T ( A D A ) A N D W I T H T H E R E Q U I R E M E N T S O F T H E C U R R E N T , A D O P T E D B U I L D I N G C O D E . 1 1 . A L L S I G N A G E I S S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 2 . A L L F E N C E S A N D R E T A I N I N G W A L L S S H A L L B E S H O W N O N T H E S I T E P L A N A N D A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L . 1 3 . A L L E X T E R I O R B U I L D I N G M A T E R I A L S A R E S U B J E C T T O B U I L D I N G O F F I C I A L A P P R O V A L A N D S H A L L C O N F O R M T O T H E A P P R O V E D F A Ç A D E P L A N . 1 4 . S I D E W A L K S O F N O T L E S S T H A N S I X ( 6 ’ ) F E E T I N W I D T H A L O N G T H O R O U G H F A R E S A N D C O L L E C T O R S A N D F I V E ( 5 ’ ) I N W I D T H A L O N G R E S I D E N T I A L S T R E E T S , A N D B A R R I E R F R E E R A M P S A T A L L C U R B C R O S S I N G S S H A L L B E P R O V I D E D P E R T O W N S T A N D A R D S . 1 5 . A P P R O V A L O F T H E S I T E P L A N I S N O T F I N A L U N T I L A L L E N G I N E E R I N G P L A N S A R E A P P R O V E D B Y T H E E N G I N E E R I N G D E P A R T M E N T . 1 6 . S I T E P L A N A P P R O V A L I S R E Q U I R E D P R I O R T O G R A D I N G R E L E A S E . 1 7 . A L L N E W E L E C T R I C A L L I N E S S H A L L B E I N S T A L L E D A N D / O R R E L O C A T E D U N D E R G R O U N D . 1 8 . A L L M E C H A N I C A L E Q U I P M E N T S H A L L B E S C R E E N E D F R O M P U B L I C V I E W I N A C C O R D A N C E W I T H T H E Z O N I N G O R D I N A N C E . 1 9 . A L L L A N D S C A P E E A S E M E N T S M U S T B E E X C L U S I V E O F A N Y O T H E R E A S E M E N T . 2 0 . I M P A C T F E E S W I L L B E A S S E S S E D I N A C C O R D A N C E W I T H T H E L A N D U S E C L A S S I F I C A T I O N ( S ) I D E N T I F I E D O N T H E S I T E D A T A S U M M A R Y T A B L E ; H O W E V E R , C H A N G E S T O T H E P R O P O S E D L A N D U S E A T T H E T I M E C O A N D / O R F I N I S H - O U T P E R M I T M A Y R E S U L T I N A D D I T I O N A L I M P A C T F E E S A N D / O R P A R K I N G R E Q U I R E M E N T S . 2 1 . T H E A P P R O V A L O F A S I T E P L A N S H A L L B E E F F E C T I V E F O R A P E R I O D O F E I G H T E E N ( 1 8 ) M O N T H S F R O M T H E D A T E O F A P P R O V A L B Y T H E P L A N N I N G & Z O N I N G C O M M I S S I O N , A T T H E E N D O F W H I C H T I M E T H E A P P L I C A T I O N M U S T H A V E S U B M I T T E D A N D R E C E I V E D A P P R O V A L O F E N G I N E E R I N G P L A N S A N D B U I L D I N G P E R M I T S . I F T H E E N G I N E E R I N G P L A N S A N D B U I L D I N G P E R M I T S A R E N O T A P P R O V E D , T H E S I T E P L A N A P P R O V A L , T O G E T H E R W I T H A N Y P R E L I M I N A R Y S I T E P L A N F O R T H E P R O P E R T Y , I S N U L L A N D V O I D . LEGENDCOCLEAN OUT LEGENDWATERLINE EASEMENTFIRE HYDRANT WEFHSSMHSANITARY SEWER MANHOLEBSBUILDING SETBACKLBLANDSCAPE BUFFERFIRE DEPARTMENT CONNECTIONSITE DATA SUMMARY TABLEZONINGPROPOSED USELOT AREALOT COVERAGEFLOOR AREA RATIOREQUIRED LANDSCAPE AREAIMPERVIOUS COVERAGEPARKING REQUIREMENTSACE MONTESSORI SCHOOL PD-40DAYCARE2.508 ACRES (109,247 S.F.)TOTAL BUILDING AREA12,437 S.F.11.38%1:915 S.F.X 42 SPACE (630 S.F.)205 STUDENTS & 20 STAFFTOTAL PARKING REQUIRED41 SPACESTOTAL PARKING PROVIDED41 SPACESHANDICAP PARKING REQUIRED PER ADA2 ADA SPACES DDOMESTIC WATER METERIIRRIGATION WATER METER F L O O D N O T E 1 . T H I S I S T O C E R T I F Y T H A T A P O R T I O N O F T H E S U B J E C T P R O P E R T Y S H O W N I N T H E T O W N O F P R O S P E R L I E S W I T H I N T H E 1 0 0 Y E A R F L O O D H A Z A R D A R E A A S S H O W N O N T H E F L O O D I N S U R A N C E R A T E M A P , C O M M U N I T Y P A N E L N O 4 8 1 2 1 C 0 4 1 0 G , D A T E D 0 4 - 1 8 - 2 0 1 1 . T H E P R O P E R T Y I S L O C A T E D I N Z O N E " A - E " A N D Z O N E " X " BOUNDARY LINE DATALINEN 00°06'39" W 240.51'L1L2 BEARING LENGTHL3L4N 88°40'10" E 168.65'S 76°05'37" E 114.09'S 62°52'46" E 248.99'43,184 S.F. (39.53 % )66,063 S.F. (60.47 % ) E N G I N E E R T R I A N G L E E N G I N E E R I N G L L C 1 3 3 3 M c D E R M O T T R O A D S T E 2 0 0 A L L E N , T E X A S 7 5 0 1 3 C O N T A C T : K A R T A V Y A P A T E L T E L : ( 2 1 4 ) 6 0 9 - 9 2 7 1 O W N E R N O R T H E A S T 4 2 3 / 3 8 0 L T D 7 0 0 1 P R E S T O N R O A D S T E 4 1 0 D A L L A S , T E X A S 7 5 2 0 5 C O N T A C T : R O B E R T D O R A Z I L T E L : ( 8 1 7 ) 4 7 5 - 4 1 6 9 HANDICAP PARKING PROVIDED2 ADA SPACES (1 PER 10 STUDENTS & 1 PER STAFF)PROVIDED LANDSCAPE AREA OHOVERHANG E S WXXXXF.D.C.FDC N 88°34'34" E 408.33'L5L6L7L8S 63°35'48" W 113.03'N 89°23'17" W 426.11'S 00°38'32" W 67.94'L9 WEST380.62' A R C H I T E C T S T U D I O R E D D O T 5 3 0 7 E M O C K I N G B I R D L A N E S T E 6 6 0 D A L L A S , T X 7 5 2 0 6 C O N T A C T : S A B R I N A B A L A T E L : ( 4 6 9 ) 9 4 1 - 4 1 4 5 B E X H I B I T B : S U P C A S E N O . S 1 8 - 0 0 0 6 B L O C K A , L O T 5 2 . 5 0 7 A C R E S 1 0 9 , 2 4 7 S . F . W I N D S O N G R A N C H M A R K E T P L A C E S U B D I V I S I O N V O L . 2 0 1 7 , P G . 3 1 2 T O W N O F P R O S P E R D E N T O N C O U N T Y , T E X A S M A Y 2 1 , 2 0 1 8 I t e m 7 GEE ROAD(VARIABLE WIDTH RIGHT-OF-WAY) C O N C R E T E S T R U C T U R E L2L3 L 4 L 5 L1 L 6 L 7 L8 L9 46442' OH2' OH 15' LB15' LB 1 5 ' L B 1 5 ' L B 30' BS 60' BS60' BS 6 0 ' B S PROP.15' WE 6 ACE MONTESSORISCHOOL COID6"SANITARYSEWER LINE 4" SANITARYSEWER LINE2" DOMESTICWATER LINE 6" FIRE LINE5' BS TRACT 1 OF SAILINGS A 1 6 7 5 A INST. NO. 2012-5992 4 , OWNER: TVG TEXAS I L L C ZONING: PD-40LAND USE: VACAN T FUTURE LAND USE PLAN: US 3 8 0 D I S T R I C T L O T 7 , B L O C K A W I N D S O N G R A N C H M A R K E T P L A C E V O L . 2 0 1 7 , P G . 3 1 2 O W N E R : K R O G E R T E X A S L P Z O N I N G : P D - 4 0 L A N D U S E : R E T A I L F U T U R E L A N D U S E P L A N : U S 3 8 0 D I S T R I C T LOT 4, BLOCK AWINDSONG RANCH MARKETPLACEVOL. 2017, PG. 312OWNER: NORTHEAST 423/380 LTDZONING: PD-40LAND USE: RETAILFUTURE LAND USE PLAN: US 380 DISTRICT LOT 5, BLOCK AWINDSONG RANCH MARKETPLACEVOL. 2017, PG. 312OWNER: NORTHEAST 423/380 LTDZONING: PD-40LAND USE: VACENTFUTURE LAND USE PLAN: US 380 DISTRICT MATCH LINE MATCH LINE MATCH LINE MATCH LINE GREASETRAP EXISTINGFIREHYDRANT EXISTINGFIREHYDRANTEXISTINGFIREHYDRANT6' FENCE 6 ' F E N C E 6' FENCEWITH GATES T R A C T 1 A O F S A I L I N G S A 1 6 7 5 A O W N E R : T E R R A V E R D E G R O U P L L C Z O N I N G : P D - 4 0 L A N D U S E : V A C A N T F U T U R E L A N D U S E P L A N : U S 3 8 0 D I S T R I C T WESTFORK CROSSING ADDITIONOWNER: NORTHWEST 423/380 LP &FUTURE LAND USE PLAN: US 380 DISTRICT FIRE DEPARTMENTCONNECTION 1 1 2 ' O H 6' FENCEWITH GATES 4 ' F E N C E W I T H G A T E S 2' OH2' OH2' OH2' OH 6 2 ' O H 5' LANDSCAPE SETBACK 5' LANDSCAPE SETBACK 5 ' L A N D S C A P E S E T B A K LOR 93 MIS 56CE1CE1CE1CE1LOR13LO2BC3LO2CE1 CE 1BC1 N R S 3 CE 1 L O R 1 0 SOLID S O D B E R M U D A GRAS S T Y P I C A L F O R ALL T U R F A R E A S 1 9 E X I S T I N G E A S T E R N R E D C E D A R T O R E M A I N LO 1CM2CM2 T Y 1 1 L O R 7 C M 1 CM 9 DECOMPOSED GRANITEON BOTH SIDES OF WALK T R E E S A N D G R O U N D C O V E R T O R E M A I N U N D I S T U R B E D I N T H I S A R E A LOR 22 5 - E X I S T I N G E A S T E R N R E D C E D A R A N D T U R F T O R E M A I N 1 7 - E X I S T I N G Y A U P O N H O L L Y T O R E M A I N E X I S T I N G C E D A R E L M T O R E M A I N E X I S T I N G C E D A R E L M T O R E M A I N E X I S T I N G C E D A R E L M T O R E M A I N EXISTI N G B A L D CYPRE S S T O R E M A I N E X I S T I N G B A L D C Y P R E S S T O R E M A I N EXISTING CEDARELM TO REMAINEXISTING LIVE OAKTO REMAIN EXISTING LIVE OAK TO REMAINEXISTING LIVE OAK TO REMAIN EXISTING RED OAK TO REMAIN3- EXISTING BALD CYPRESS TO REMAIN 17- EXISTINGYAUPON HOLLYTO REMAINEXISTING HOLLYHEDGE EXISTING HOLLYHEDGEEXISTING BALDCYPRESS TO REMAIN EXSITING GRASS TO R E M A I N ANY TURF OR IRRIGA T I O N DAMAGED DURING C O N S T R U C T I O N SHALL BE REPLACED E X S I T I N G G R A S S T O R E M A I N A N Y T U R F O R I R R I G A T I O N D A M A G E D D U R I N G C O N S T R U C T I O N S H A L L B E R E P L A C E D VISIBILITY TRIANGLE VISIBILITY TRIANGLE B C 1 CE 1 N R S 1 6 T Y 1 E X I S T I N G C R E P E M Y R T L E A N D S H R U B S T O R E M A I N . R E P L A C E A N Y D E A D , D A M A G E D O R M I S S I N G P L A N T S P R I O R T O C O M P L E T I O N O F W O R K R E P A I R E X I S T I N G T U R F A N D I R R I G A T I O N A S N E E D E D REPAIR EXIS T I N G T U R F AND IRRIGATI O N A S N E E D E D B C 1 B C 1 B O T A N I C A L N A M E T a x o d i u m d i s t c h u m U l m u s c r a s s i f o l i a L a g e r s t r o e m i a i n d i c a ' D a l l a s R e d ' Q u e r c u s v i r g i n i a n a I l e x v o m i t o r i a C O M M O N N A M E B a l d C y p r e s s C e d a r E l m C r e p e M y r t l e ' D a l l a s R e d ' L i v e O a k Y a u p o n H o l l y S I Z E 3 " c a l . 3 " c a l . 3 " c a l . 3 " c a l . 3 " c a l . P L A N T M A T E R I A L S C H E D U L E R E M A R K S c o n t a i n e r , 1 3 ' h t . , 6 ' s p r e a d , 5 ' c l e a r t r u n k B & B , 1 3 ' h t . , 5 ' s p r e a d m i n . , 5 ' c l e a r t r u n k c o n t a i n e r , 8 ' h t . , 5 - 1 " c a n e s , t r e e f o r m c o n t a i n e r , 1 3 ' h t . , 6 ' s p r e a d , 5 ' c l e a r t r u n k c o n t a i n e r , 8 ' h t . , 5 - 1 " c a n e s , t r e e f o r m Q T Y 7 8 1 4 5 1 2 TR E E S S H R U B S G R O U N D C O V E R S B O T A N I C A L N A M E C y n o d o n d a c t y l o n ' 4 1 9 ' C O M M O N N A M E ' 4 1 9 ' B e r m u d a g r a s s S I Z E R E M A R K S S o l i d S o d r e f e r t o n o t e s T Y P E B C C E C M L O T Y Q T Y T Y P E B O T A N I C A L N A M E L o r o p e t a l u m c h i n e n s i s ' R u b y ' M i s c a n t h u s s i n e n s u s ' A d a g i o ' I l e x x ' N e l l i e R . S t e v e n s ' C O M M O N N A M E R u b y L o r o p e t a l u m A d a g i o M i s c a n t h u s N e l l i e R . S t e v e n s H o l l y S I Z E 5 g a l . 5 g a l . 7 g a l . R E M A R K S c o n t a i n e r , 2 4 " h t . , 2 0 " s p r e a d c o n t a i n e r f u l l , w e l l r o o t e d c o n t a i n e r , 3 0 " h t . , 2 4 " s p r e a d Q T Y . 1 4 5 5 6 1 9 T Y P E L O R M I S N R S N O T E : P l a n t l i s t i s a n a i d t o b i d d e r s o n l y . C o n t r a c t o r s h a l l v e r i f y a l l q u a n t i t i e s o n p l a n . A l l h e i g h t s a n d s p r e a d s a r e m i n i m u m s . A l l p l a n t m a t e r i a l s h a l l m e e t o r e x c e e d r e m a r k s a s i n d i c a t e d . A l l t r e e s t o h a v e s t r a i g h t t r u n k s a n d b e m a t c h i n g w i t h i n v a r i e t i e s . LANDSCAPE TABULATIONSPERIMETER LANDSCAPE REQUIREMENTS Requirements: 15' landscape buffer along right-of -way. (1) large tree, 3" cal. minimum and (15) shrubs, 5 gallon minimum per 30 l.f.Gee Road(240.50 l.f.) Required (8) large trees (120) shrubsPerimeter (North Property Line-940 l.f.)- Requirement: 5' wide perimeter buffer. (1) ornamental tree and (1) shrub per 15 l.f. Required (63) ornamental trees (63) shrubsPerimeter (South Property Line- 380.62 l.f.) Requirement: 5' wide perimeter buffer. (1) ornamental tree and (1) shrub per 15 l.f. RequiredProvided (26) ornamental trees(26) ornamental trees (26) shrubs(26) shrubsINTERIOR PARKING REQUIREMENTS Requirements: 15 s.f. of landscape for each parking space within the parking lot area. (1) large tree, 3" cal. per parking lot island and at the terminus.41 Parking spaces Required 615 s.f of landscape area (12) large tree Provided (8) large trees(120) shrubs Provided (45) ornamental trees(19) existing ornamental trees to remain(103) shrubsProvided2,225 s.f. of landscape area (12) large trees N O L A R G E C A N O P Y T R E E S S H A L L B E B E P L A N T E R C L O S E R T H A N 4 F E E T T O A N Y C U R B , S I D E W A L K , U T I L I T Y L I N E , S C R E E N W A L L O R S T R U C T U R E T O W N O F P R O S P E R S T A N D A R D N O T E S S I T E TEEL PKWY F I S H T R A P R O A D W U N I V E R S I T Y D R I V E ( U S H W Y 3 8 0 ) W U N I V E R S I T Y D R I V E ( U S H W Y 3 8 0 ) TEEL PKWY GEE ROAD WINDSPNG PKWY F I S H T R A P R O A D D A Y C A R E S I T E D E V E L O P M E N T 2 . 5 0 8 A C R E S I N T H E W I N D S O N G R A N C H M A R K E T P L A C E S U B D I V I S I O N V O L . 2 0 1 7 , P G . 3 1 2 T O W N O F P R O S P E R , D E N T O N C O U N T Y , T E X A S D E S I G N D R A W N D A T E S C A L E P R O J E C T N O . S H E E T N O . T X P E F I R M # 1 1 5 2 5 K P T T 0 5 / 1 7 / 1 8 1 " : 3 0 ' 0 3 4 - 1 8 T : 2 1 4 . 6 0 9 . 9 2 7 1 F : 4 6 9 . 3 5 9 . 6 7 0 9 E : k p a t e l @ t r i a n g l e - e n g r . c o m W : t r i a n g l e - e n g r . c o m O : 1 3 3 3 M c D e r m o t t D r i v e , S u i t e 2 0 0 , A l l e n , T X 7 5 0 1 3 P l a n n i n g C i v i l E n g i n e e r i n g C o n s t r u c t i o n M a n a g e m e n t E X H I B I T " C " : S U P C A S E N O . S 1 8 - 0 0 0 6 P R O S P E R C E N T E R A D D I T I O N B L O C K A , L O T 5 2 . 5 0 7 A C R E S 1 0 9 , 2 4 7 S . F . W I N D S O N G R A N C H M A R K E T P L A C E S U B D I V I S I O N V O L . 2 0 1 7 , P G . 3 1 2 T O W N O F P R O S P E R D E N T O N C O U N T Y , T E X A S M A Y 2 1 T H , 2 0 1 8 1 5 0 3 0 6 0 0 1 L A N D S C A P E P L A N S C A L E 1 " = 3 0 ' - 0 " B O U N D A R Y L I N E D A T A L I N E N 0 0 ° 0 6 ' 3 9 " W 2 4 0 . 5 1 ' L 1 L 2 B E A R I N G L E N G T H L 3 L 4 N 8 8 ° 4 0 ' 1 0 " E 1 6 8 . 6 5 ' S 7 6 ° 0 5 ' 3 7 " E 1 1 4 . 0 9 ' S 6 2 ° 5 2 ' 4 6 " E 2 4 8 . 9 9 ' N 8 8 ° 3 4 ' 3 4 " E 4 0 8 . 3 3 ' L 5 L 6 L 7 L 8 S 6 3 ° 3 5 ' 4 8 " W 1 1 3 . 0 3 ' N 8 9 ° 2 3 ' 1 7 " W 4 2 6 . 1 1 ' S 0 0 ° 3 8 ' 3 2 " W 6 7 . 9 4 ' L 9 W E S T 3 8 0 . 6 2 ' CH R I S T R O N Z A N O S T A T E O F T E X A S T C E T H I R C A E P A C S D N A L D E E GEISR R T 2 2 0 4 0 8 . 2 9 . 2 0 1 8 A L L D I S T U R B E D A R E A S T O B E R E - V E G E T A T E D W I T H H Y D R O - M U L C H N A T I V E S E E D M I X A N D H A V E T E M P O R A R Y I R R I G A T I O N U N T I L E S T A B L I S H E D C I t e m 7 D E S I G N D R A W N D A T E S C A L E P R O J E C T N O . S H E E T N O . T X P E F I R M # 1 1 5 2 5 K P T T 0 5 / 1 7 / 1 8 1 " : 3 0 ' 0 3 4 - 1 8 E X H I B I T " C " : S U P C A S E N O . S 1 8 - 0 0 0 6 P R O S P E R C E N T E R A D D I T I O N B L O C K A , L O T 5 2 . 5 0 7 A C R E S 1 0 9 , 2 4 7 S . F . W I N D S O N G R A N C H M A R K E T P L A C E S U B D I V I S I O N V O L . 2 0 1 7 , P G . 3 1 2 T O W N O F P R O S P E R D E N T O N C O U N T Y , T E X A S M A Y 2 1 T H , 2 0 1 8 T : 2 1 4 . 6 0 9 . 9 2 7 1 F : 4 6 9 . 3 5 9 . 6 7 0 9 E : k p a t e l @ t r i a n g l e - e n g r . c o m W : t r i a n g l e - e n g r . c o m O : 1 3 3 3 M c D e r m o t t D r i v e , S u i t e 2 0 0 , A l l e n , T X 7 5 0 1 3 P l a n n i n g C i v i l E n g i n e e r i n g C o n s t r u c t i o n M a n a g e m e n t CH R I S T R O N Z A N O S T A T E O F T E X A S T C E T H I R C A E P A C S D N A L D E E GEISR R T 2 2 0 4 0 8 . 2 3 . 2 0 1 8 C 6 " 2 X D I A M E T E R O F R O O T B A L L 0 1 T R E E P L A N T I N G D E T A I L N O T T O S C A L E 4'-5' MTG. HT.6" ( 3 ) M E T A L T - P O S T P A I N T E D G R E E N T R I A N G U L A R S P A C I N G . N O T E : L O C A T E S T A K E S O U T S I D E O F T R E E W E L L . P O S I T I O N S T A K E S T O S E C U R E T R E E A G A I N S T S E A S O N A L P R E V A I L I N G W I N D S . N A T I V E S O I L , R E F . S P E C I F I C A T I O N S 6 " F I N I S H G R A D E S C A R I F Y S I D E S C R U S H E D R O C K 3 " L A Y E R M U L C H , R E F . S P E C I F I C A T I O N S R E F E R E N C E P L A N F O R T R E E T Y P E D O N O T C U T C E N T R A L L E A D E R 2 S T R A N D S N O . 1 2 G A U G E G A L V A N I Z E D W I R E , T W I S T E D R U B B E R H O S E 3 " H I G H W A T E R I N G R I N G 4 " D I A . P E R F O R A T E D P V C P I P E W / C A P P A I N T E D B L A C K R O O T B A L L , D O N O T D I S T U R B . T O P O F R O O T B A L L T O B E S E T 1 " A B O V E E X I S T I N G G R A D E . R E M O V E T O P 1 / 3 B U R L A P . 1 / 2 " M I N I M U M B E T W E E N T O P O F M U L C H A N D T O P O F C O N C R E T E 1 / 2 " M A X I M U M S I D E W A L K P R E P A R E D S O I L M I X P E R S P E C I F I C A T I O N S S H R U B S A N D G R O U N D C O V E R R E F E R T O P L A N S F O R P L A N T T Y P E S M U L C H P E R S P E C I F I C A T I O N S P R E P A R E D S O I L M I X P E R S P E C I F I C A T I O N S 1 / 8 " X 4 " G R E E N S T E E L E D G I N G W I T H S T A K E S 0 3 S I D E W A L K / M U L C H D E T A I L N O T T O S C A L E 0 4 S T E E L E D G I N G D E T A I L N O T T O S C A L E n o s t e e l a l o n g s i d e w a l k s N O T E : N O S T E E L E D G I N G T O B E I N S T A L L E D A L O N G S I D E W A L K S L A W N S H R U B S A N D G R O U N D C O V E R R E F E R T O P L A N S F O R P L A N T T Y P E S 3 " L A Y E R O F S P E C I F I E D B A R K M U L C H R O O T B A L L , D O N O T D I S T U R B N O T E : P O C K E T P L A N T I N G N O T A L L O W E D F I N I S H G R A D E R E F . P L A N F O R S H R U B T Y P E 0 5 S H R U B P L A N T I N G D E T A I L N O T T O S C A L E S P A C I N G P E R P L A N T L I S T 6 " P R E P A R E D S O I L M I X P E R S P E C S . 6 " M I N . O F P R E P A R E D S O I L M I X T I L L E D I N T O E X I S T I N G S O I L T O A D E P T H O F 6 " N A T I V E S O I L P R E P A R E G R O U N D C O V E R B E D B Y T I L L I N G E N T I R E B E D A R E A . P R O V I D E S O I L M I X A S D E F I N E D I N T H E L A N D S C A P E S P E C I F I C A T I O N S 3 " M U L C H D O U B L E S H R E D D E D H A R D W O O D M U L C H I N B E D P R I O R T O P L A N T I N G G R O U N D C O V E R / A N N U A L S . 1 2 " M I N E D G E O F B E D D D D A A P L A N T R O W S P A C I N G ' D ' R O W S P A C I N G ' A ' P L A N T S / 1 0 S F 8 " O . C . 1 2 " O . C . 1 5 " O . C . 1 8 " O . C . 6 . 9 " 1 0 . 4 " 1 3 . 0 " 1 5 . 7 " 2 6 1 2 7 5 A = R O W S P A C I N G B = O N C E N T E R S P A C I N G S P A C E P L A N T S I N A T R I A N G U L A R P A T T E R N A S S H O W N , S P A C E D E Q U A L L Y F R O M E A C H O T H E R A T S P A C I N G I N D I C A T E D O N P L A N T L I S T . 0 2 G R O U N D C O V E R P L A N T I N G D E T A I L N O T T O S C A L E I t e m 7 L E V E L 1 L E V E L 2 E L . 1 1 1 ' - 6 " E L . 1 0 0 ' - 0 " E L . 1 2 5 ' - 5 " E L . 1 2 3 ' - 1 1 3 / 4 " L E V E L 1 E L . 1 0 0 ' - 0 " L E V E L 2 E L . 1 1 1 ' - 6 " L E V E L 1 E L . 1 0 0 ' - 0 " L E V E L 2 E L . 1 1 1 ' - 6 " EL. 114' - 5 1/2"EL. 123' - 11 7/8"EL. 127' - 6" E L . 1 1 9 ' - 6 " L E V E L 1 E L . 1 0 0 ' - 0 " L E V E L 2 E L . 1 1 1 ' - 6 " M - STANDING SEAM METAL BR1 - BRICK VENEER - SANDLEWOOD BLENDBR2 - BRICK VENEER - AUTUMN BLENDS - COMPOSITE SHINGLE Materials ScheduleCS - CAST STONE EF - EIFS - DRYVIT, OYSTER SHELL ST1 - STONE - GRANBURY COBBLEGL - GLAZING - 1" LOW - E CLEAR INSULATED GLASS ·"This Facade Plan is for conceptual purposes only. All building plansrequire review and appoval from Building Inspection Division"·"All mechanical equipment shall be screened from public view inaccordance with the Comprehensive Zoning Ordinance"·"When permitted, exposed utility boxes and conduits shall bepainted to match the building"·"All signage area and locations are subject to approval by the BuildingInspection Department"·"Windows shall have a maximum exterior visible relfectivity of ten (10)percent"Facade Plan ChecklistMaterials Calculations EAST WEST SOUTH NORTHTOTAL SURFACE AREA SQ. FT.TOTAL GLAZING SURFACE AREA SQ. FT.NET SURFACE AREA SQ. FT.913.7 SQ.FT 1072.3 SQ.FT 1124.1 SQ.FT 1208.8 SQ.FT198.5 SQ.FT 154.8 SQ.FT 136 SQ.FT 220.7 SQ.FT715.2 SQ.FT 917.5 SQ.FT 988.1 SQ.FT 988.1 SQ.FTMATERIAL PERCENTAGEST1BR1BR2EF149.6 SQ. FT 381.7 SQ. FT21%53%183.9 SQ. FT 26%0 SQ. FT 0%388.4 SQ. FT 43%314.2 SQ. FT 34%130.9 SQ. FT 14%84 SQ. FT 9%379.5 SQ. FT 38%308 SQ. FT 31%216.6 SQ. FT 22%84 SQ. FT 9%427.6 SQ. FT 43%252.2 SQ. FT 25%224.3 SQ. FT 23%84 SQ. FT 9%13'-4"8'-0"EQ1'-7"EQ1'-7"7'-8"0'-4"15'-4"5'-1"8'-0" A 1 . 0 2 N O R T H E L E V A T I O N 0 1 S C A L E : 1 / 8 " = 1 ' - 0 " m e p e n g i n e e r a r c h i t e c t u r e p r o j e c t o w n e r A r c h : S a b r i n a B a l a R e g . N o . : 1 9 1 4 2 T h e s e d o c u m e n t s a r e i s s u e d f o r i n t e r i m r e v i e w o n l y a n d m a y n o t b e u s e d f o r b i d d i n g , p e r m i t o r o t h e r c o n s t r u c t i o n p u r p o s e s . T h e d r a w i n g s a n d w r i t t e n m a t e r i a l h e r e i n c o n s t i t u t e o r i g i n a l w o r k o f t h e a r c h i t e c t , a n d a s i n t e l l e c t u a l p r o p e r t y a n d i n s t r u m e n t s o f s e r v i c e , a r e s u b j e c t t o c o p y r i g h t a n d m a y n o t b e r e p r o d u c e d , d i s t r i b u t e d , p u b l i s h e d o r u s e d i n a n y w a y w i t h o u t t h e e x p r e s s w r i t t e n c o n s e n t o f t h e a r c h i t e c t . - - - - - - - - - - S T U D I O R E D D O T 5 3 0 7 M o c k i n g b i r d L n . , S u i t e 6 6 0 D a l l a s , T X 7 5 2 0 6 t . 2 1 4 . 3 7 9 . 7 4 2 7 m . 9 7 2 . 8 9 6 . 7 5 9 4 r e v i s i o n s t i t l e s h e e t d a t e D A Y C A R E C E N T E R @ P R O S P E R - - - - - - - P R E L I M I N A R Y I S S U E F O R R E V I E W 0 8 - 2 3 - 2 0 1 8 - - - 0 8 - 2 3 - 1 8 E X T E R I O R E L E V A T I O N S E A S T E L E V A T I O N 0 2 S C A L E : 1 / 8 " = 1 ' - 0 " S O U T H E L E V A T I O N 0 3 S C A L E : 1 / 8 " = 1 ' - 0 " W E S T E L E V A T I O N 0 4 S C A L E : 1 / 8 " = 1 ' - 0 " TRASH ENCLOSURE - FRONT ELEVATION05SCALE: 1/8" = 1'-0"TRASH ENCLOSURE - SIDE ELEVATION06SCALE: 1/8" = 1'-0"TRASH ENCLOSURE - FRONT ELEVATION05SCALE: 1/8" = 1'-0" R T U ' S T O B E L O C A T E D O N F L A T R O O F B E H I N D R O O F P I T C H 1 2 8 1 2 1 2 E X H I B I T D C A S E N O . S 1 8 - 0 0 0 6 M - STANDING SEAM METAL BR1 - BRICK VENEER - SANDLEWOOD BLENDBR2 - BRICK VENEER - AUTUMN BLENDS - COMPOSITE SHINGLECS - CAST STONE EF - EIFS - DRYVIT, OYSTER SHELL ST1 - STONE - GRANBURY COBBLEGL - GLAZING - 1" LOW - E CLEAR INSULATED GLASS E L . 1 1 9 ' - 6 " F O R R E V I E W I S S U E F O R S U P I t e m 7 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-___ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE; GRANTING A SPECIFIC USE PERMIT (SUP) FOR A LICENSED CHILD CARE CENTER, LOCATED IN THE WINDSONG RANCH MARKETPLACE, BLOCK A, LOT 5, CONSISTING OF 2.51 ACRES, MORE OR LESS, 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 Northeast 423/380, Ltd. (“Applicant”) for a Specific Use Permit (SUP) for a licensed child care center, located in the Windsong Ranch Marketplace, consisting of 2.51 acres of land, more or less, 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 licensed child care center, located in the Windsong Ranch Marketplace, Block A, Lot 5, consisting of 2.51 acres of land, more or less, 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. The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with 1) the site plan, attached hereto as Exhibit “B,” 2) the Item 7 Ordinance No. 18-__, Page 2 landscape plan, attached hereto as Exhibit “C,” and 3) the façade plan, attached hereto as Exhibit “D,” which is incorporated herein for all purposes as if set forth verbatim. 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 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 Item 7 Ordinance No. 18-__, Page 3 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 9TH DAY OF OCTOBER, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 7 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Conduct a Public Hearing, and consider and act upon an ordinance amending the Thoroughfare Plan to insert new Cross Sections and Description for Coit Road, between Prosper Trail and Frontier Parkway, depicting a new Interim Major Thoroughfare 4/6LD (Midblock) where Rights- of-Way are less than 120 feet. (CA18-0002). Description of Agenda Item: The Comprehensive Plan states, “Planning for the Town's future should be a continuous process, and this Plan is designed to be a dynamic tool that can be modified and periodically updated to keep it in tune with changing conditions and trends…Elements of the Town that were treated in terms of a general relationship to the overall area may, in the future, require more specific and detailed attention.” On August 23, 2018, Town staff held a public meeting to discuss the proposed design and improvements to Coit Road. There were approximately 100 residents of the area in attendance. Based on feedback received at this meeting, as well as from Town Council, the Town is proposing to revise the design and approach to construction of Coit Road, between Prosper Trail and Frontier Parkway. While the Comprehensive Plan generally recommends construction of outer lanes when the entirety of an ultimate roadway section is not constructed in a single phase, the proposed amendment recommends construction of the inner lanes on a section of Coit Road, between Prosper Trail and Frontier Parkway, where 4 lanes of an ultimate 6-lane divided section are currently proposed for construction. The recommendation to amend the Comprehensive Plan to add these cross sections is necessitated due to an inadequate amount of right-of-way in this area. There is not 120 feet of right-of-way, which is typical for an ultimate 6-lane divided thoroughfare. The proposed cross section provides for an ultimate 6-lane, divided thoroughfare, with 110 feet and 101 feet of right- of-way, and recognizes the construction of the inner lanes initially, and construction of the outer lanes in the future, as warranted. The proposed cross sections are shown below. Prosper is a place where everyone matters. ENGINEERING Item 8 Page 2 of 2 The existing cross sections and Thoroughfare Plan are also attached for reference. Item 8 Page 3 of 2 Legal Obligations and Review: The Town Council is required to hold a Public Hearing prior to acting on an amendment to the Comprehensive Plan. Notification was provided in the newspaper; to date, no responses have been received. 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 Cross Section (Exhibit A) 3. Current Cross Sections 4. Thoroughfare Plan Planning & Zoning Commission Recommendation: At their October 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 an ordinance amending the Thoroughfare Plan to insert new Cross Sections and Description for Coit Road, between Prosper Trail and Frontier Parkway, depicting a new Interim Major Thoroughfare 4/6LD (Midblock) where Rights- of-Way are less than 120 feet. (CA18-0002). Proposed Motion: I move to approve an ordinance amending the Thoroughfare Plan to insert new Cross Sections and Description for Coit Road, between Prosper Trail and Frontier Parkway, depicting a new Interim Major Thoroughfare 4/6LD (Midblock) where Rights-of-Way are less than 120 feet. (CA18-0002). Item 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. 18-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE COMPREHENSIVE PLAN OF THE TOWN OF PROSPER BY PROVIDING FOR ADDITIONAL TRANSPORTATION CROSS SECTIONS; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that the Town of Prosper’s (“Prosper”) Comprehensive Plan, adopted by Ordinance No. 12-21,as amended, should be amended by providing for additional transportation cross sections; and WHEREAS, Prosper has complied with all notices and public hearings as required by law; and WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interests of the citizens of Prosper to amend a portion of the Comprehensive Plan 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 Amendment to Prosper’s Comprehensive Plan, Ordinance No. 12-21. The Town of Prosper's Comprehensive Plan, adopted by Ordinance No. 12-21, as amended, is hereby amended to provide for additional transportation cross sections, for the segment of Coit Road, between Prosper Trail and Frontier Parkway, as depicted in Exhibit A, attached hereto and incorporated by reference. SECTION 3 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, 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 Savings/Repealing Clause. Prosper’s Comprehensive Plan, adopted by Ordinance 12- 21, 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 Item 8 Ordinance No. 18-__, Page 2 the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Effective Date. This Ordinance shall become effective from and after its adoption. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 9TH DAY OF OCTOBER, 2018. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 8 Ultimate ‘6LD’ Interim ‘4LD’ Interim ‘4/6LD’ EXHIBIT A 62' 60' Item 8 80 Comprehensive Plan Town of Prosper TRANSPORTATION Cross Sections • High Degree of regional mobility, traffic volumes and higher operational speeds • Connected to regional thoroughfare facilities • Access is carefully managed • 4 lane divided roadway with median expandable to 6 lanes • Curb and gutter with underground stormwater drainage • Examples in Prosper include Frontier Parkway, Legacy Dr, Teel Parkway, Gee Rd, Preston Rd, Coit Rd and Custer Rd • High degree of regional mobility, traffic volumes and higher operational speeds • Connected to regional thoroughfare facilities • Access is carefully managed • 6 lane divided roadway with median • Curb and gutter with underground stormwater drainage • Examples in Prosper include Frontier Parkway, Legacy Dr, Teel Parkway, Gee Rd, Preston Rd, Coit Rd, Custer Rd and Highway 380 Item 8 81 Town of Prosper, TX Comprehensive Plan TRANSPORTATION • Cross-town mobility • Secondary to Major Thoroughfare but still accommodate higher operational speeds and traffic volumes • Access is carefully managed • 4 lane divided roadway with median • Examples in Prosper include Prosper Trail, Fishtrap Rd, First Street, Lovers Lane and La Cima Blvd • Curb and gutter drainage • Collection/distribution of traffic • Back access to Frontage Road development • Connectivity between arterial and residential collector streets • On-street parking permitted Item 8 82 Comprehensive Plan Town of Prosper TRANSPORTATION • Collection/distribution of traffic • Back access to Frontage Road development • Connectivity to thoroughfare and residential collector streets • On-street parking permitted • Local residential street. • Traverse internally within residential neighborhoods • Access to properties • 2 lane undivided roadway • Underground stormwater utilities with curb and gutter Item 8 83 Town of Prosper, TX Comprehensive Plan TRANSPORTATION • Local rural residential street. • Traverse internally within residential neighborhoods • Access to properties • 2 lane undivided roadway • Bar ditches for drainage(width varies based on area calculations) • For large rural area lots over 1 acre Item 8 kj kjkj kj kj kj kj kj kj kjkjkjkj kj kj First St Co i t R d Pre s t o n R d US Highway 380 Fish Trap Rd Le g a c y D r Prosper Trl Cr a i g R d Parvin Rd R i c h l a n d Blvd FM 1 3 8 5 La Cim a B l v d N. C o l e m a n S t Frontier Pkwy Mc k i n l e y S t Gee Rd S. C o l e m a n S t Ha y s R d M a h a r d P k w y Broadway St Te e l P k w y Cu s t e r R d Prairie Dr Lovers Ln Sh a w n e e T r l D a l l a s N o r t h T o l l w a y BN S F R R Legend Major Roads Minor Roads Proposed Roads Railroad Parcels ^_ 0 1,500 3,000750 Feet O1 inch = 1,500 feet Source: Town of Prosper, PlanningDate: September 11, 2018 Prosper Thoroughfare Plan Plate 3DISCLAIMER. The Town of Prosper has prepared this map or information for internal use only. It is made available under the Public Information Act. Any reliance on this map or information is AT YOUR OWN RISK. Prosper assumes no liability for any errors, omissions, or inaccuracies in the map or information regardless of the cause of such or for any decision made, action taken, or action not taken in reliance upon any maps or information provided herein. Prosper makes no warranty, representation, or guarantee of any kind regarding any maps or information provided herein or the sources of such maps or information and DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED AND IMPLIED, including the implied warranties of merchantability and fitness for a particular purpose. Thoroughfare Plan Dallas North Tollway, Dedicated Truck Route Major Thoroughfare (6 lane; 120' ROW) Minor Thoroughfare (4 lane; 90' ROW) Commercial Couplet (3 lane; 65' ROW) Commercial Collector (2 lane; 60' ROW) Old Town District (Section Varies) Access Roads kj Major Gateway kj Minor Gateway Grade Separation RR Grade Separation Item 8 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Contract Amendment to the Professional Engineering Services Agreement between CobbFendley and Associates, Inc., and the Town of Prosper, Texas, related to the design of the Coit Road (First – Frontier) project. Description of Agenda Item: On January 24, 2017, Town Council approved a contract with CobbFendley and Associates, Inc. to design the construction drawings for the roadway improvements on Coit Road between First Street and Frontier Parkway in the amount of $689,900. On August 23, 2018, Town staff held a public meeting to discuss the proposed design and improvements to Coit Road. There were approximately 100 residents of the area in attendance. Based on feedback received at this meeting, as well as from Town Council, the Town is proposing to revise the design and approach to construction of Coit Road, between Prosper Trail and Frontier Parkway. On September 11, 2018, the Town Council approved the FY 2019 Capital Improvement Program that included funding for the redesign of Coit Road from Prosper Trail to Frontier Parkway. This Contract Amendment revises the design plans at the 60% design stage to initially build the inside four lanes and not the outside four lanes on Coit Road between Prosper Trail and Frontier Parkway where existing right-of-way is less than 120’. The redesign will include revising the paving plan/profile sheets, drainage area map, drainage calculations and storm sewer layout and profiles. This Contract Amendment also includes the authorization to proceed from 90% to 100% construction drawings, bidding phase, construction administration, record drawings, right-of-way and easement acquisition, and construction materials testing, and to make the project ‘shovel ready.’ At the August 27, 2016, Town Council meeting, the Town Council approved a list of qualified engineering firms, which included services for engineering design. CobbFendley and Associates, Inc., is included on the list. Budget Impact: The cost for the redesign work is $600,000 Funding for the redesign has been budgeted in account 660-6610-50-1710-ST. Prosper is a place where everyone matters. ENGINEERING Item 9 Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Contract Amendment as to form and legality. Attached Documents: 1. Contract Amendment Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Contract Amendment to the Professional Engineering Services Agreement between CobbFendley and Associates, Inc., and the Town of Prosper, Texas, related to the design of the Coit Road (First – Frontier) project. Proposed Motion: I move to authorize the Town Manager to execute a Contract Amendment to the Professional Engineering Services Agreement between CobbFendley and Associates, Inc., and the Town of Prosper, Texas, related to the design of the Coit Road (First – Frontier) project. Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Item 9 Page 1 of 2 To: Mayor and Town Council From: Stuart Blasingame, Fire Chief Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon approving the purchase of one aerial ladder truck with a pre-pay discount option, from Siddons-Martin Emergency Group, through the Texas Local Government Purchasing Cooperative; one ambulance from Professional Ambulance Sales and Service, the Texas dealer for Horton Emergency Vehicles, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program; and authorizing the Town Manager to execute related documents for the same. Description of Agenda Item: The purchase of one aerial ladder truck is an approved FY 2018-2019 discretionary package. The Town has numerous large commercial projects under construction, as well as a considerable number of large commercial buildings and large residential homes and apartments. The Fire Department does not have a ladder to reach most of the buildings. This unit will provide this needed level of service to the Town of Prosper. This unit will be purchased through the Texas Local Government Purchasing Cooperation (BuyBoard). The cost for this unit is $1,387,332.29, plus the BuyBoard processing fee of $1,500.00. A chassis pre-payment discount of $11,829.00 has been offered, which would reduce the total expenditure to $1,377,003.29. If the pre-payment discount is approved, $394,302.00 would be due at the time of order placement. The purchase of one ambulance is an approved FY 2018-2019 VERF replacement unit for a current 2011 ambulance (Unit 3107). This unit will be purchased through the HGAC Cooperative Purchasing Program. The cost for this unit is $271,867.00, plus the HGAC processing fee of $1,000, for a total expenditure of $272,867.00. Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services, including administrative functions normally associated with the operation of government (such as purchasing necessary materials and equipment). The Town of Prosper entered into an interlocal participation agreement in June 2005, providing the Town’s participation in the Texas Local Government Purchasing Cooperative. Participation in the cooperative purchasing program allows our local government to purchase goods and services from the cooperative’s online purchasing system, BuyBoard, while satisfying all competitive bidding requirements. Prosper is a place where everyone matters. FINANCE Item 10 Page 2 of 2 The Town of Prosper and HGAC entered into an interlocal agreement, effective January 4, 2001, which allows our local government to purchase certain goods or services through HGAC. The agreement renews automatically each fiscal year, unless cancelled by either party. Budget Impact: The total price for the purchase of both items, including the pre-payment discount, is $1,649,870.29. The remaining funds will be utilized to outfit the units with additional after-market equipment. Funding will be as follows: Fire Department Budget Purchase Price Difference 100-6160-30-01 $1,400,000.00 $1,377,003.29 $22,996.71 VERF Budget Purchase Price Difference 410-6160-30-01 $291,000.00 $272,867.00 $18,133.00 Grand Total $1,691,000.00 $1,649,870.29 $41,129.71 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the aerial ladder truck Proposal, and the ambulance Sales Agreement, as to form and legality. Attached Documents: 1. Siddons-Martin Emergency Group Proposal for Aerial Ladder Truck 2. BuyBoard Contract Pricing Worksheet for Aerial Ladder Truck 3. Proposal Option List for Aerial Ladder Truck 4. Professional Ambulance Sales Agreement 5. HGAC Contract Pricing Worksheet for Ambulance 6. Published Options for Ambulance 7. Unpublished Options for Ambulance Town Staff Recommendation: Town staff recommends approving the purchase of one aerial ladder truck with a pre-pay discount option, from Siddons-Martin Emergency Group, through the Texas Local Government Purchasing Cooperative; one ambulance from Professional Ambulance Sales and Service, the Texas dealer for Horton Emergency Vehicles, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program; and authorizing the Town Manager to execute related documents for the same. Proposed Motion: I move to approve the purchase of one aerial ladder truck with a pre-pay discount option, from Siddons-Martin Emergency Group, through the Texas Local Government Purchasing Cooperative; one ambulance from Professional Ambulance Sales and Service, the Texas dealer for Horton Emergency Vehicles, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program; and authorizing the Town Manager to execute related documents for the same. Item 10 Siddons Martin Emergency Group, LLC 3500 Shelby Lane Denton, Texas 76207 GDN P115891 TXDOT MVD No. A115890 EIN 27-4333590 September 17, 2018 Proposal for Velocity 100 ASP Tower Siddons-Martin Emergency Group, LLC is pleased to provide the following proposal to TOWN of PROSPER FIRE DEPARTMENT . Unit will comply with all specifications attached and made a part of this proposal. Total price includes delivery to PROSPER FIRE DEPARTMENT and training on operation and use of the apparatus. Taxes . Tax is not included in this proposal. In the event that the purchasing organization is not exempt from sales tax or any other applicable taxes and/or the proposed apparatus does not qualify for exempt status, it is the duty of the purchasing organization to pay any and all taxes due. Balance of sale price is due upon acceptance of the apparatus at the factory. Late Fee. A late fee of .033% of the sale price will be charged per day for overdue payments beginning ten (10) days after the payment is due for the first 30 days. The late fee increases to .044% per day until the payment is received. In the event a prepayment is received after the due date, the discount will be reduced by the same percentages above increasing the cost of the apparatus. Cancellation. In the event this proposal is accepted, and a purchase order is issued then cancelled or terminated by Customer before completion, Siddons-Martin Emergency Group may charge a cancellation fee. The following charge schedule based on costs incurred may be applied: (A)10% of the Purchase Price after order is accepted and entered by Manufacturer; (B)20% of the Purchase Price after completion of the approval drawings; (C)30% of the Purchase Price upon any material requisition by Manufacturer. The cancellation fee will increase accordingly as costs are incurred as the order progresses through engineering and into manufacturing. Siddons-Martin Emergency Group endeavors to mitigate any such costs through the sale of such product to another purchaser; however, the customer shall remain liable for the difference between the purchase price and, if applicable, the sale price obtained by Siddons-Martin Emergency Group upon sale of the product to TOWN OF PROSPER FIRE DEPARTMENT P.O. BOX 307 PROSPER, TX 75078-0307 Description Amount 1)Pierce-Custom Velocity Aerial - 100' Unit price - $1,387,332.29 Price guaranteed for 60 days. Delivery within 9-10 months of order date. A warranty term of 12 months is included.Vehicle Price $1,387,332.29 (chassis prepay $394,302 due net 30 if this option is selected) Chassis Prepay Discount ($11,829.00) Sub Total $1,375,503.29 Contract Amount $1,500.00 Final Sales Price $1,377,003.29 Proposal for Velocity 100 ASP Tower Page of September 17, 20181 2 Attachment 1Item 10 another purchaser, plus any costs incurred by Siddons-Martin Emergency Group to conduct such sale. Acceptance. In an effort to ensure the above stated terms and conditions are understood and adhered to, Siddons-Martin Emergency Group, LLC requires an authorized individual from the purchasing organization sign and date this proposal and include it with any purchase order. Upon signing of this proposal, the terms and conditions stated herein will be considered binding and accepted by the Customer. The terms and acceptance of this proposal will be governed by the laws of the state of TX. No additional terms or conditions will be binding upon Siddons-Martin Emergency Group, LLC unless agreed to in writing and signed by a duly authorized officer of Siddons-Martin Emergency Group, LLC Sincerely, Russell Mabra Siddons-Martin Emergency Group, LLC I, , the authorized representative of PROSPER FIRE DEPARTMENT , agree to all of the terms of this proposal and the specifications attached hereto and this proposal will be binding upon PROSPER FIRE DEPARTMENT. Signature & Date Proposal for Velocity 100 ASP Tower Page of May 30, 20182 2 Attachment 1 Harlan Jefferson Harlan Jefferson, Town Manager Item 10 Buy Board Contract 491-15 Contract No.:491-15 Date:9/20/2018 Agency:Contractor: Contact:Prepared: Phone:Phone: Fax:Fax: Email:Email: Prod. Code:24 Description: $999,372.00 Cost Cost 195,510.00$ Subtotal B: 195,510.00$ 1,194,882.00$ Cost Cost 192,450.29$ Subtotal C: 192,450.29$ 16% Cost Cost Subtotal D: -$ 1,387,332.29$ 1 1387332.285 = Subtotal E: 1,387,332.29$ Subtotal F: 1,500.00$ Cost Cost (11,829.00)$ (11,829.00)$ -$ Subtotal G: (11,829.00)$ 1,377,003.29$ Jeff Doran 281-442-6806 Description Description B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. jdoran@siddons-martin.com Subtotal of column Subtotal of Column Description Description 100% Pre-Payment Discount Chassis Pre-Payment Discount Rounding factor X Subtotal of A + B + C + D: D. Other Cost Items Not Itemized Above (e.g. Installation, Freight, Delivery, Etc.) Description Description Description Description Subtotal From Additional Sheet(s): C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. Total Published Options CONTRACT PRICING WORKSHEET for motor vehicles only Pierce Custom Chassis 4 door 400 hp, 100' Mid Mount A. Product Item Base Unit Price Per Contractor's Buy Board Contract: Prosper (843) Stuart Blasingame 972-347-2424 stuart.blasingame@prosperfire.com Siddons-Martin Emergency Group H. Total Purchase Price (E+F+G): Delivery Date: Subtotal From Additional Sheet(s): Quantity Ordered: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). F. Buy Board Fee Calculation (From Current Fee Tables) E. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C+D) Attachment 2Item 10 Proposal Option List Line Option Type Option Description Qty 1 0769372 Boiler Plates, Ascendant 100' Aerial Tower 1 Fire Department/Customer - PROSPER Operating/In conjunction W-Service Center - Operating Miles - 10 Miles Number of Fire Dept/Municipalities - 2 Bidder/Sales Organization - SiddonsMartin Delivery - Delivery representative Dealership/Sales Organization, Service - SMEG 2 0018180 Single Source Compliance, Aerials 1 3 0584456 Manufacture Location, Appleton, Wisconsin 1 4 0584452 RFP Location: Appleton, Wisconsin 1 5 0588609 Vehicle Destination, US 1 6 0610784 Comply NFPA 1901 Changes Effective Jan 1, 2016, With Exceptions 1 7 0533351 Quint Fire Apparatus 1 8 0588612 Vehicle Certification, Aerial w/Pump 1 9 0681278 Agency, Apparatus Certification, Aerial w/Pump, U.L.1 10 0536644 Customer Service Website 1 11 0537375 Unit of Measure, US Gallons 1 12 0529326 Bid Bond, 10%, Pierce Built Chassis 1 13 0540326 Performance Bond, Not Requested 1 14 0000007 Approval Drawing 1 15 0002928 Electrical Diagrams 1 16 0771624 Velocity Chassis, Ascendant 100' Aerial Tower 1 17 0000110 Wheelbase 1 Wheelbase - 265.00 18 0000070 GVW Rating 1 GVW rating - 72,000 19 0000203 Frame Rails, 13.38 x 3.50 x .375, Qtm/AXT/Imp/Vel/DCF 1 20 0060637 Frame Liner, Inv "L" 12.68" x 3.00" x .25", AXT/Vel/Imp, Full Length, 56"Qval 1 21 0508846 Axle, Front, Oshkosh TAK-4, Non Drive, 24,000 lb, Velocity 1 22 0090914 Suspension, Front TAK-4, 24,000 lb, DLX/Qtm/AXT/Vel/Enf 1 23 0087572 Shock Absorbers, KONI, TAK-4, Qtm/AXT/Imp/Vel/DCF/Enf 1 24 0000322 Oil Seals, Front Axle 1 25 0582746 Tires, Front, Goodyear, G296 MSA, 445/65R22.50, 20 ply 1 26 0019618 Wheels, Front, Alcoa, 22.50" x 13.00", Aluminum, Hub Pilot 1 27 0767019 Axle, Rear, Meritor RT46-160, 48,000 lb, Vel, 100' AAT 1 28 0544244 Top Speed of Vehicle, 60 MPH 1 29 0639950 Suspen, Rear, Raydan Air Link, AL- 460, Air Ride, 48,000#1 30 0000485 Oil Seals, Rear Axle 1 31 0587016 Tires, Rear, Goodyear, G622 RSD, 12R22.50, 16 ply, Tandem 1 32 0019639 Wheels, Rear, Alcoa, 22.50" x 8.25", Aluminum, Hub Pilot, Tandem 1 33 0568081 Tire Balancing, Counteract Beads 1 34 0620569 Tire Pressure Monitoring, RealWheels, AirSecure, Valve Cap, Tandem Axle 1 Qty, Tire Pressure Ind - 10 35 0003245 Axle Hub Covers w/center hole, S/S, Front Axle 1 36 0013241 Axle Hub Covers, Rear, S/S High Hat (Tandem)1 37 0057936 Covers, Lug Nut, Chrome 1 38 0002045 Mud Flaps, w/logo front & rear 1 39 0766669 Chocks, Wheel, SAC-44-E, Folding, Ascendant 100' Aerial Tower 1 Qty, Pair - 01 Customer:PROSPER FIRE DEPT.Bid Number: 843 Representative Mabra, Russell Job Number: Organization:Siddons-Martin Emergency Group Number of Units:2 Requirements Manager: Bid Date:09-01-2018 Description: PROSPER VELOCITY 100' MM TOWER ASP Stock Number: Body: Aerial, Ascendant 100' Aerial Tower, Alum Body Price Level:37 (Current: 37) Chassis:Velocity Chassis, Ascendant 100' Aerial Tower 9/15/2018 9/15/2018 10:47 AM Page 1843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 40 0766668 Mounting Brackets, Chocks, SAC-44-E, Folding, Horizontal, Ascendant 100' Aerial 1 Qty, Pair - 01 Location, Wheel Chocks - Left Side Rear Tire, Rearward 41 0010673 ABS Wabco Brake System, Tandem Rear Axle 1 42 0030185 Brakes, Knorr/Bendix 17", Disc, Front, TAK-4 1 43 0000730 Brakes, Meritor, Cam, Rear, 16.50 x 7.00"1 44 0058463 Air Compressor, Brake, Bendix 15.8 CFM 1 45 0000789 Brake Reservoirs, Five 1 46 0568012 Air Dryer, Wabco System Saver 1200, Heater, 2010 1 47 0000790 Brake Lines, Nylon 1 48 0000854 Air Inlet, w/Disconnect Coupling 1 Location, Air Coupling(s) - a) DS Step Well, Forward Qty, Air Coupling (s) - 1 49 0070810 All Wheel Lockup (Aerial/Tanker Chassis)1 50 0014130 Air Tank, Additional for Extra Air Horn Capacity 1 51 0610848 Engine, DDC DD13, 525 hp, 1850 lb-ft, W/OBD, EPA 2016, Velocity 1 52 0001244 High Idle w/Electronic Engine, Custom 1 53 0590300 Engine Brake, Jacobs Compression Brake, DD13 1 Switch, Engine Brake - f) DD13 54 0552334 Clutch, Fan, Air Actuated, Horton Drive Master 1 55 0123135 Air Intake, w/Ember separator, Imp/Vel 1 56 0565965 Exhaust System, 5", 2010 DD13, ISX engine, Horizontal, Right Side 1 57 0787999 Radiator, Impel/Velocity 1 58 0616439 Cooling Hoses, Gates Silicone 1 59 0041125 Fuel Tank, 65 Gallon, Dual Fills 1 60 0001129 Lines, Fuel 1 61 0595087 DEF Tank, 4.5 Gallon, DS Fill, Forward of Rear Axle 1 Door, Material & Finish, DEF Tank - Polished Stainless 62 0552793 Not Required, Fuel Priming Pump 1 63 0552712 Not Required, Shutoff Valve, Fuel Line 1 64 0553019 Cooler, Engine Fuel, Imp/Vel, AXT/Qtm/Sab/DCF/SFR/Enf 1 65 0690880 No Selection Required From This Category 1 66 0642533 Trans, Allison 5th Gen, 4500 EVS P, w/Prognostics, Imp/Vel/DCF/Enf 1 67 0512762 Transmission, Shifter, 6-Spd, Push Button, 4500, Imp/Vel/Qtm/DCF/Enf 1 Trans, ratio - 4500 EVS, 6Spd 68 0684459 Transmission Oil Cooler, Modine, External 1 69 0522824 Mode, Downshift, Aggressive downshift to 3rd, w/engine brake, 6 speed 1 70 0001375 Driveline, Spicer 1810 1 71 0669988 Steering, Sheppard M110 w/Tilt, TAK-4, Eaton Pump, w/Cooler 1 72 0001544 Not Required, Steering Assist Cylinder on Front Axle 1 73 0509230 Steering Wheel, 4 Spoke without Controls 1 74 0690274 Logo/Emblem, on Dash 1 Text, Row (1) One - PROSPER Text, Row (2) Two - FIRE Text, Row (3) Three - RESCUE 75 0767817 Bumper, 13" Extended, Ascendant 100' Aerial Tower, VEL 1 76 0510226 Lift & Tow Package, Imp/Vel, AXT, Dash CF 1 77 0522573 Tow Hooks Not Required, Due to Lift and Tow Package 1 78 0668315 Cab, Velocity FR, 7010 Raised Roof 1 79 0668309 Engine Tunnel, ISL and DD13, Impel/Velocity FR 1 80 0677478 Rear Wall, Exterior, Cab, Aluminum Treadplate 1 81 0764124 Cab Lift, Elec/Hyd, Manual Override, Stabilizer Interlock, Vel 100' AAT 1 82 0123176 Grille, Bright Finished, Front of Cab, Impel/Velocity 1 83 0002224 Scuffplates, S/S At Cab Door Jambs, 4-Door Cab 1 Material Trim/Scuffplate - c) S/S, Polished 84 0527032 Trim, S/S Band, Across Cab Face, Rect Lights, Velocity 1 Material Trim/Scuffplate - c) S/S, Polished Turnsignal Covers - Polished S/S Covers 85 0015440 No Chrome Molding, On side of cab 1 86 0521669 Mirrors, Retrac, West Coast Style, Htd/Rmt, w/Htd/Rmt Convex 1 9/15/2018 10:47 AM Page 2843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 87 0667921 Door, Half-Height, Velocity FR 4-Door Cab, Raised Roof 1 Key Model, Cab Doors - 751 88 0655511 Door Panel, Brushed Stainless Steel, Impel/Velocity 4-Door Cab 1 89 0667905 Storage Pockets w/ Elastic Cover, Recessed, Impel/Velocity FR 1 90 0667902 Controls, Electric Windows, All Cab Doors, Impel/Velocity FR 1 91 0662776 Electric Door Locks, Cab Doors, Conceal Switch Feature, Imp/Vel 1 Location - under front hood near cab tilt switch 92 0661649 Key Pad, Electric Door locks, DS, Imp/Vel 1 93 0555485 Steps, 4-Door Full Tilt Cab, Imp/Vel 1 94 0770194 Handrail, Exterior, Knurled, Alum, 4-Door Cab 1 95 0509649 Lights, Cab and Crew Cab Access Steps, P25, LED w/Bezel, 1Lt Per Step 1 96 0002140 Fenders, S/S on Cab 1 97 0199226 Window, Side of C/C, DS Fixed/PS None, Imp/Vel 1 98 0552938 Trim, Cab Side Window, DS, Velocity 1 99 0012090 Not Required, Windows, Front/Side of raised roof 1 100 0509286 Not Required, Windows Rear of Crew Cab, Imp/Vel 1 101 0558334 Not Required, Trim, Cab Rear Windows, No Rear Windows 1 102 0632163 Window Protector Bars, Knurled, Crew Doors, 2" Above Window Sill Plate, 45 Deg 1 103 0696364 Guard, S/S, Protection for Terminal Strip 1 Location - behind officer seat ON the 12 power strip Qty, - 01 104 0663375 Mounting Provisions, 1/4" Alum, Full Engine Tunnel, Vel/Imp 1 Mounting Provision Spacing - 1.00" Material Finish, Cab Interior - Painted 105 0657891 Mounting Plate, 3/16" Aluminum, Pegboard, Cab Interior 1 Location - Behind Driver Seat Qty, - 01 Size - 32" High Vertical Mounting Provision Spacing - 1.00" Material Finish, Cab Interior - Painted 106 0658325 Mounting Provisions, Computer, Tray, S/S, Straps, Slides, No Sides 1 Location - OFFICER SIDE IN THE RECESS DASH Qty, - 01 107 0667945 Cab Interior, Vinyl, Velocity FR, CARE 1 Color, Cab Interior Vinyl/Fabric - a) Silver/Gray 108 0667943 Cab Interior, Paint Color, Impel/Velocity FR 1 Color, Cab Interior Paint - i) fire smoke gray 109 0509532 Floor, Rubber Padded Cab & Crew Cab, Imp/Vel, Dash CF 1 110 0667936 Heater/defroster, Dual Zone Control, Impel/Velocity FR 1 111 0603347 Air Conditioning, Dual Zone Control, Impel/Velocity FR 1 Paint Color, A/C Condenser - Painted by OEM 112 0640814 Dual Condensate Drain Tubes for A/C Drip Pan, Imp/Vel FR 1 113 0789101 Air Conditioning, Coleman-Mach 8, Roughneck, 120V, 15K Cool Only, Cab Roof,White 1 Thermostat - Coleman ceiling unit AC Power Source - Shoreline 114 0639675 Sun Visor, Smoked Lexan, AXT, Dash CF, Imp/Vel, Saber FR/Enforcer 1 Sun Visor Retention - No Retention 115 0543257 Grab Handles, Driver Door Post & Passenger Dash Panel, Imp/Vel 1 116 0583938 Lights, Engine Compt, Custom, Auto Sw, Wln 3SC0CDCR, 3" LED, Trim 1 Qty, - 01 117 0122516 Fluid Check Access, Imp/Vel 1 118 0583040 Frontal Impact Protection 1 119 0622618 Seating Capacity, 5 Seats 1 120 0656590 Seat, Driver, Pierce PS6, Base, Air Ride, High Back, Frontal Impact 1 121 0666473 Seat, Officer, Pierce PS6, Base, SCBA, Frontal Impact 1 122 0510037 Radio Compartment, Below Officer Seat, Imp/Vel 1 123 0102788 Not Required, Seat, Rear Facing C/C, DS Outboard 1 124 0102783 Not Required, Seat, Rr Facing C/C, Center 1 125 0767512 Cabinet, Rear Facing, RS, 22 W x 28 H x 26.5 D, Web, Ext Acc, Imp/Vel 1 Type of fastener - 1" cam buckle Restraint Location - Top (towards roof of truck) Light, Short Cabinet - Pierce, Interior, Left Side 9/15/2018 10:47 AM Page 3843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 125 Scuffplate, Door Pan, Material/Finish - S/S, Polished Material Finish, Shelf - Painted - Cab Interior Shelf/Tray, Cabinet - (1) Shelf, Adjustable, 0.75" Up-Turned Lip Door, Cab Exterior Cabinet - Double Pan, Locking #751 Door, Exterior Stop - Bumper Louvers, Cabinet - 0-No Louvers 126 0647182 Seat, Forward Facing C/C, DS Outboard, Pierce PS6, Base, SCBA, Foldup, 3" Inbrd 1 127 0123168 Seat, Forward Facing C/C, Center, (1) Pierce PS6, Premium, SCBA 1 128 0647180 Seat, Forward Facing C/C, PS Outboard, Pierce PS6, Base, SCBA, Foldup, 3" Inbrd 1 129 0566653 Upholstery, Seats In Cab, Turnout Tuff 1 Color, Cab Interior Vinyl/Fabric - m) Gray 130 0543991 Bracket, Air Bottle, Hands-Free II, Cab Seats 4 Qty, - 04 131 0603867 Seat Belt, ReadyReach 1 Seat Belt Color - Red 132 0604863 Seat Belt Height Adjustment, 6 Seats, Imp/Vel, Dash CF 1 133 0602464 Helmet Storage, Provided by Fire Department, NFPA 2016 1 134 0647647 Lights, Dome, FRP Dual LED 4 Lts 1 Color, Dome Lt - Red & White Color, Dome Lt Bzl - Black Control, Dome Lt White - Door Switches and Lens Switch Control, Dome Lt Color - Lens Switch 135 0631776 Not Required, Overhead Map Lights 1 136 0602622 Portable Hand Light, Provided by Fire Department, Quint NFPA 2016 Classification 1 137 0568369 Cab Instruments, Ivory Gauges, Chrome Bezels, Impel/Velocity 2010, Dash CF 1 138 0509511 Air Restriction Indicator, Imp/Vel, AXT, Dash CF, Enf MUX 1 139 0543751 Light, Do Not Move Apparatus 1 Alarm, Do Not Move Truck - Pulsing Alarm 140 0509042 Messages, Open Door/Do Not Move Truck, MUX w/Color Display 1 141 0611681 Switching, Cab, Membrane, Impel/Velocity/Quantum, Dash CF, AXT WiFi MUX 1 Location, Emerg Sw Pnls - Driver's Side Overhead 142 0555915 Wiper Control, 2-Speed with Intermittent, MUX, Impel/Velocity 1 143 0002565 Hourmeter, Aerial Inside Cab 1 144 0002615 Switch, Aerial 12V Master 1 145 0002617 PTO switch, w/light - aerial 1 146 0610968 Wiring, Spare, 2.0 A 12V DC, USB Termination Blue Sea 1016 1st 1 Qty, - 01 12vdc power from - Battery direct Location - Officer dash 147 0548009 Wiring, Spare, 20 A 12V DC 1st 1 Qty, - 01 12vdc power from - Battery direct Wire termination - Butt Splice Location, Spare Wiring - Behind Officer Seat 148 0548004 Wiring, Spare, 15 A 12V DC 1st 2 Qty, - 02 12vdc power from - Battery direct Wire termination - Butt Splice Location, Spare Wiring - Officer Dash 149 0615386 Vehicle Information Center, 7" Color Display, Touchscreen, MUX 1 System Of Measurement - US Customary 150 0606249 Vehicle Data Recorder w/CZ and Overhead Display Seat Belt Monitor 1 151 0601958 Intercom, Firecom 5200D Dual Radio, 2 Wireless Base Station, Up to 10 Wireless 1 Location - per Interior layout drawing 152 0009063 Not Required, Radio Interface 1 153 0601984 Headset, Firecom, Wireless, FHW-505 Over The Head, Radio Transmit 2 Qty, - 02 Location - per IC drawing 154 0602027 Headset, Firecom, Wireless, UHW-503 Under Helmet, Intercom Only 3 Qty, - 03 Location - per IC drawing 9/15/2018 10:47 AM Page 4843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 155 0559156 Install Customer Provided Two-Way Radio(s)1 Location - tbd Qty, - 01 156 0597940 Install Customer Provided Two-Way Radio Speaker(s)1 Location - tbd Qty, - 01 157 0696439 Antenna Mount, Custom Chassis, Cable Routed to Instrument Panel Area 1 Qty, - 01 Location, Antenna Mount - Right Side 158 0615100 Pierce Command Zone, Advanced Electronics & Control System, Diag LEDs, Vel, WiFi 1 159 0624254 Electrical System, Velocity 1 160 0079211 Batteries, (6) Exide Grp 31, 950 CCA each, Threaded Stud 1 161 0008621 Battery System, Single Start, All Custom Chassis 1 162 0123174 Battery Compartment, Imp/Vel 1 163 0531307 Charger, Sngl Sys, Dual Bank, Dual Pro Charger 1 164 0531349 Location, Charger/Compr, w/location feature 1 Location - behind driver seat 165 0530951 Location, Bat Chrg Ind, DS Behind Cab Door 1 166 0782026 Shoreline, 20A 120V, Blue Sea Sure Eject 7851 2 Qty, - 02 Connection, Shoreline - 1) Batt Charger & shoreline power 2) Coleman AC Color, Cover, Bl Sea Inlet - Yellow 167 0026800 Shoreline Location 1 Location, Shoreline(s) - DS Cab Side 168 0647728 Alternator, 430 amp, Delco Remy 55SI 1 169 0092582 Load Manager/Sequencer, MUX 1 Enable/Disable Hi-Idle - e)High Idle enable 170 0780484 Headlights, Rect LED, HiViz FT-4X6-4KIT, AXT/DCF/Enf/Imp/Sab/Vel 1 171 0648425 Light, Directional, Wln 600 Cmb, Cab Crn, Imp/Vel/AXT/Qtm/DCF 1 Color, Lens, LED's - m)match LED's 172 0620054 Light, Directional/Marker, Intermediate, Weldon 9186-8580-29 LED 2lts 1 173 0648074 Lights, Clearance/Marker/ID, Front, P25 LED 7 Lts 1 174 0670831 Lights, Clearance/Marker/ID, Rear, P25 LED 7Lts, 100' AAT, Mid Mt Platform 1 175 0602938 Light, Marker End Outline, Rubber Arm, LED Marker Lamp, Rear Body 1 Qty, Lights, Pair - 1 176 0564683 Lights, Tail, Wln M6BTT* Red LED Stop/Tail & M6T* Amber LED Dir Arw For Hsg 1 Color, Lens - Colored 177 0561471 Lights, Backup, Wln M6BUW, LED, For Tail Lt Housing 1 178 0664481 Bracket, License Plate & Light, P25 LED 1 179 0556842 Bezels, Wln, (2) M6 Chrome Pierce, For mtg (4) Wln M6 lights 1 180 0589905 Alarm, Back-up Warning, PRECO 1040 1 181 0769569 Lights, Perimeter Cab, Amdor AY-LB-12HW012 LED 4Dr 1 Z location - 182 0769564 Lights, Perimeter Pump House, Amdor AY-LB-12HW020 LED 1lt 1 183 0763190 Lights, Perimeter Body, Amdor AY-LB-12HW012 LED 3lts 1 Control, Perimeter Lts - Parking Brake Applied 184 0554186 Lights, Step, P25 LED, 100' AAT, Mid Mount PAP w/Pump, Pump Pnl Sw 1 185 0640941 Light, Wln, 12V PCPSM2* Pioneer LED Fld/Spt, Surface Mnt 2nd 2 Location, Lights - 1- PS ON CAB OVER EMS COMPARTMENT BETWEEN CAB DOORS HIGH 2- PS ON BODY OVER FRONT WHEEL - HIGH Qty, - 02 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - e) No Control Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - Chrome Flange 186 0640629 Light, Wln, 12V PCPSM1* Pioneer LED Fld/Spt, Surface Mount 1st 1 Location, Lights - DS REAR BULKHEAD - HIGH Qty, - 01 Switch, Lt Control 1 DC,1 - a) DS Switch Panel 9/15/2018 10:47 AM Page 5843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 186 Switch, Lt Control 2 DC,2 - e) No Control Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - Chrome Flange 187 0640991 Light, Wln, 12V PCPSM2* Pioneer LED Fld/Spt, Surface Mnt 1st 2 Location, Lights - 1- DS ON CAB BETWEEN CAB DOORS HIGH 2- DS ON BODY OVER FRONT WHEEL - HIGH Qty, - 02 Switch, Lt Control 1 DC,1 - a) DS Switch Panel Switch, Lt Control 2 DC,2 - e) No Control Switch, Lt Control 3 DC,3 - d) No Control Switch, Lt Control 4 DC,4 - d) No Control Color, Wln Lt Housing - Chrome Flange 188 0776357 Light, Visor, Wln, 12V P*H2* Pioneer, Cnt Feature, 1st 1 Qty, - 01 Location, driver's/passenger's/center - Centered Color, Wln Lt Housing - White Paint Control, Scene Lts - Cab Sw Panel DS Scene Light Optics - Flood/Spot 189 0766802 Not Required, Deck Lights, Other Hose Bed & Rear Lighting, 100' AAT 1 190 0766801 Lights, Hose Bed, Front/Rear, LED Light Strips, 100' AAT 1 Control, Hose Bed Lts - Cup Switch At Rear 191 0645677 Lights, Not Required, Rear Work, Alt. 12 Volt Lights At Rear Body 1 192 0766879 Lights, Walk Surf, FRP Flood, P25 LED, Ascendant 100' Aerial Tower 1 193 0771870 Aerial, Ascendant 100' Aerial Tower, Alum Body 1 194 0554271 Body Skirt Height, 20"1 195 0769002 Tank, Water, 300 Gallon, Poly, Ascendant 100' Aerial Tower 1 196 0003405 Overflow, 4.00" Water Tank, Poly 1 197 0028104 Foam Cell Required 1 198 0003429 Not Required, Direct Tank Fill 1 199 0769016 Hose Bed, Alum, Right Side, Ascendant 100' Aerial Tower 1 200 0555137 Hose Bed Capacity 800' of 5.00", Ascendant 100' Aerial Tower, 100' RMAP 1 201 0604070 Hose Restraint, One (1) Hose Bed, Aerial, Front Strap, 1" Heavy Nylon Web Rear 1 202 0003512 Running Boards, Ascendant, PAL 1 203 0771229 Turntable Steps, Punched Grip Pattern, Swing-Down, Left Side, 100' AAT 1 204 0554001 Lights, Step (3), P25 LED, Swing Down Access Steps, One Side 1 205 0690023 Wall, Rear, Smooth Aluminum 1 206 0074515 Tow Eyes (2), Ascendant 100' Aerial Tower, Ascendant Single Axle, 75' HAL 1 207 0769019 Construction, Compt, Alum, Ascendant 100' Aerial Tower 1 208 0771504 Compt, Left Side, Roll, Ascendant 100' Aerial Tower 1 209 0771505 Compt, Right Side, Roll, Ascendant 100' Aerial Tower 1 210 0766482 Doors, Amdor Rollup, Aluminum, Side Compartments 9 Qty, Door Accessory - 09 Color, Roll-up Door - AMDOR Painted to Match Lower Body Latch, Roll-up Door - Non-Locking Liftbar 211 0769374 Bumper, Rear, 3", Steel, Ascendant 100' Aerial Tower 1 212 0603083 Lights, Compt, Pierce LED, Dual Light Strips,Each Side Door,Ascendant TA,PAP,HDL 9 Qty, - 09 Location, Compartment Lights - All Body Compts 213 0687145 Shelf Tracks, Recessed, PUC/3rd Generation 1 214 0600289 Shelves, Adj, 500 lb Capacity, Full Width/Depth, Predefined Locations, Aerial 8 Qty, Shelf - 08 Material Finish, Shelf - Painted - Spatter Gray Location, Shelves/Trays, Predefined - .Location To Be Determined 215 0647044 Tray, Floor Mounted, Slide-Out, w/ Side Slides, FW/FD, 500lb, 2.00" Sides, 3G 2 Qty, - 02 location - D1 . P1 Material - brushed aluminum 216 0544614 Toolboard, Swing-out, Alum, .188", Peg Board, 3G 3 Qty - 3 Location, Pivot - Back Mounting, Toolboard - Adjustable Frt-back 9/15/2018 10:47 AM Page 6843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 216 Hole Diameter, Pegboard/Toolboard - .203" diameter Finish, Pegboard/Toolboard - Brushed Finish Location, Toolboard - LS2 and RS2 217 0061917 Rub Rail, Aluminum Extruded, 3.12", Side of Body 1 218 0769018 Fender Crowns, Rear, S/S, w/Removable Fender Liner, Aerial, 3rd Gen, Two Pair 1 219 0519849 Not Required, Hose, Hard Suction 1 220 0626229 Handrails, Side Pump Panels, Per Print 1 221 0765324 Compt, Air Bottle, Between Tandems, Three (3) Bottles,w/ Straps,100' AAT,Bolt-In 2 Qty, Air Bottle Comp - 2 Location, driver's/passenger's/center - 1DS & 1PS Door Finish, Fender Compt - Polished Latch, Air Bottle Compt - Pair, Flush Lift & Turn Door Type - lift up with stay arm 222 0795333 Compt, Air Bottle, Single, Fender Panel, Bolt-In 4 Qty, Air Bottle Comp - 4 Door Finish, Fender Compt - Polished Location, Fender Compt - Single - LS Fwd, Single - LS Rear, Single - RS Fwd and Single - RS Rear Latch, Air Bottle Compt - Flush Lift & Turn Insert, Air Bottle Compt - Rubber Matting 223 0768635 Ladder, 35' Duo-Safety 1200A 2-Sect 2 Qty, - 02 224 0010406 Ladder, 28' Duo-Safety 1200A 2-Section 1 Qty, - 1 Location, Extension Ladder - torque box 225 0024232 Ladder, 16' Duo-Safety 875A Roof 1 Qty, - 1 226 0014232 Ladder, 20' Duo-Safety 875A Roof 1 Qty, - 1 227 0024233 Not Required, Attic Extension Ladder 1 228 0768634 Ladder, 10' Duo-Safety Folding, 585A 2 Qty, - 02 Location, Folding Ladder Aerial - torque box 229 0769015 Ladders Stored in Torque Box, Gortite Roll, Ascendant 100' Aerial Tower 1 Color, Roll-up Door, Gortite - Painted to Match Lower Body Latch, Roll-up Door, Gortite - Non-Locking, Rear 230 0766602 Lights, Torque Box Ladder Storage, Pierce LED Strip Lights, 2 Lts, 100' AAT 1 231 0008911 Pike Pole, 12' Fire Hooks Unlimited, Fiberglass, APH-12, Gas Shut Off 1 Qty, - 1 Location - REAR LADDER STORAGE 232 0633473 Pike Pole, 8' Fire Hooks Unlimited, New York Roof Hook, Steel, Ram Knob End,RH-8 2 Qty, - 02 233 0685804 Pike Pole, 6' Fire Hooks Unlimited, New York Roof Hook, Ram Knob End, RH-6 2 Qty, - 02 Location - REAR LADDER STORAGE 234 0058119 Pike Pole, 4' Fire Hooks Unlimited, Fiberglass, Drywall Hook, DWHS-4, w/D Handle 1 Qty, - 01 235 0089555 Trash Hook, 6' Fire Hooks Unlimited, TRH-6, w/D Handle 1 Qty, - 01 236 0068133 Trash Hook, 8' Fire Hooks Unlimited, TRH-8, w/D Handle 1 Qty, - 01 location, pike pole - REAR LADDER STORAGE 237 0770578 Pike Pole Tubes, in Torque Box/Ladder Storage, ABS 6 Qty, - 06 238 0767622 Pump, Waterous, S100, 2000 GPM, Single Stage, 100' AAT 1 239 0504116 Seal, Mechanical, Waterous, w/S100 Pump 1 240 0559768 Trans, Pump, Waterous C20, S100 Pump Only 1 241 0635600 Pumping Mode, Stationary Only 1 242 0605125 Pump Shift, Air w/o Manual Override, Split Shaft, Interlocked, Waterous 1 243 0003148 Transmission Lock-up, EVS 1 244 0004547 Auxiliary Cooling System 1 245 0014486 Not Required, Transfer Valve, Stage Pump 1 9/15/2018 10:47 AM Page 7843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 246 0777622 Valve, Relief Intake, Elkhart, w/Pressure Features 1 Pressure Setting - 125 psig 247 0536322 Controller, Pressure, Pierce, Custom Chassis 1 248 0072153 Primer, Trident, Air Prime, Air Operated 1 249 0780364 Manuals, Pump, (2) Total, Electronic Copies 1 250 0602492 Plumbing, Stainless Steel and Hose, Single Stage Pump, 100' AAT, Mid Mnt Aerial 1 251 0775901 Plumbing and Manifolds, Stainless Steel, w/Foam System 1 252 0004645 Inlets, 6.00" - 1250 GPM or Larger Pump 1 253 0004646 Cap, Main Pump Inlet, Long Handle, NST, VLH 1 254 0084610 Valves, Akron 8000 series- All 1 255 0004660 Inlet, Left Side, 2.50"1 256 0016158 Valve, Inlet(s) Recessed, Side Cntrl, "Control Zone"1 Qty, Inlets - 1 257 0004700 Control, Inlet, at Valve 1 258 0563738 Valve, .75" Bleeder, Aux. Side Inlet, Swing Handle 1 259 0767284 Tank to Pump, (1) 3.00" Valve, 3.00" Plumbing, AAT 1 260 0004905 Outlet, Tank Fill, 1.50"1 261 0004940 Outlet, Left Side, 2.50"2 Qty, Discharges - 02 262 0004945 Outlet, Right Side, 2.50"1 Qty, Discharges - 01 263 0767613 Outlet, 4" w/4" Right, Handwheel, AAT 1 Valve, Brand - Akron 264 0649939 Outlet, Front, 1.50" w/2" Plumbing 1 Fitting, Outlet - 1.50" NST with 90 degree swivel Drain, Front Outlet - Automatic Location, Front, Single - in center bumper tray 265 0085076 Caps for 1.50" to 3.00" Discharge, VLH 1 266 0563739 Valve, 0.75" Bleeder, Discharges, Swing Handle 1 267 0005091 Elbow, Left Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1 268 0025091 Elbow, Right Side Outlets, 45 Degree, 2.50" FNST x 2.50" MNST, VLH 1 269 0005097 Elbow, Large Dia Outlet, 30 Deg, 4.00" FNST x 5.00" Storz 1 Qty, - 01 270 0062133 Control, Outlets, Manual, Pierce HW if applicable 1 271 0029106 Not Required, Deluge Outlet 1 272 0767110 Waterway Outlet & Control, 4" Akron, HW, AAT 1 273 0762299 Crosslays Sngl Sheet Unpainted, (1+) 1.50" Std.Cap, w/Poly Tray, AAT 2 Qty, Crosslays - 2 274 0762275 Crosslays Sngl Sheet Unpainted, (1) 2.50" Std Cap, AAT 1 275 0591145 Hose Restraint, Crosslay/Deadlay, Top and Ends, Elastic Netting 2 Qty, - 02 276 0767109 Foam Sys, Husky 12, Single Agent, Multi Select Feature, AAT 1 Discharge, Foam Locations - Front Bumper Right Side, Speedlay Lower and Speedlay Upper Discharge, Foam Locations - Front Bumper Right Side, Speedlay Lower and Speedlay Upper 277 0012126 Not Required, CAF Compressor 1 278 0552481 Refill, Foam Tank, Single Tank, Husky 12, Class A Foam 1 279 0031896 Demonstration, Foam System, Dealer Provided 1 280 0022539 Foam Cell, 20 Gallon, Reduce Water 1 Type of Foam - Class "A" 281 0505016 Drain, 1.00", Foam Tank #1, Husky 12 Foam System 1 282 0091112 Not Required, Foam Tank #2 Drain 1 283 0765390 Pump House, Side Control, 42", 100' AAT, Control Zone 1 284 0032479 Pump Panel Configuration, Control Zone 1 285 0562698 Step, Slide-Out/Fold-Out, Pump Operator Platform, Aerial 1 286 0667186 Light, Slide-Out Pump Operator Step, On Scene Solutions Access LED, Short Step 1 287 0635355 Material, Pump Panels, Side Control Painted FormCoat Black 1 Material Finish, Pump Panel, Side Control - Painted FormCoat Black Material, Pump Panel, Side Control - Aluminum 288 0005578 Panel, Pump Access - Right Side Only 1 289 0767048 Pump House Structure 1 9/15/2018 10:47 AM Page 8843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 290 0583824 Light, Pump Compt, Wln 3SC0CDCR LED White 1 Qty, - 01 291 0536401 Gauges, Engine, Included With Pierce Pressure Controller 1 292 0005601 Throttle Included w/ Pressure Controller 1 293 0549333 Indicators, Engine, Included with Pressure Controller 1 294 0511078 Gauges, 4.00" Master, Class 1, 30"-0-600psi 1 295 0511100 Gauge, 2.00" Pressure, Class 1, 30"-0-400psi 1 296 0536428 Gauge, Water Level, Pierce, In pressure Controller 1 297 0062992 Gauge, Foam Level, (1) Tank, Class 1, 5lt 1 298 0763071 Light Shield, S/S LS, 100'AAT, Mid Mt, Std LED 1 299 0761601 Air Horns, (2) Grover, In Bumper, 100' AAT 1 300 0606833 Location, Air Horns, Bumper, Each Side, Inside Frame (Pos #3 & #5)1 301 0016065 Control, Air Horn, Horn Ring, PS Chrome Push Button 1 302 0525667 Siren, Wln 295SLSA1, 100 or 200 Watt 1 303 0510206 Location, Elect Siren, Recessed Overhead In Console 1 Location, Elec Siren - Overhead, DS Inside Sw Pnl 304 0076156 Control, Elec Siren, Head Only 1 305 0601306 Speaker, (1) Wln, SA315P, w/Pierce Polished Stainless Steel Grille, 100 watt 1 Connection, Speaker - siren head 306 0601565 Location, Speaker, Frt Bumper, Recessed, Center (Pos 4)1 307 0767024 Siren, Federal Q2B, VEL, Ascendant 100' Aerial Tower 1 308 0578974 Siren, Mechanical, Recessed In Grille, Imp/Vel 1 309 0026163 Control, Mech Siren, DS & PS Foot Sw 1 310 0607632 Lightbar, Wln, Freedom IV-Q, 81", RRRRWRRROptRRRWRRRR 1 Opticom Priority - b) High Opticom Activation - Cab Switch & E-Master Momentary Opticom Activation - PS Switch Filter, Whl Freedom Ltbrs - No Filters 311 0540440 Light, Front Zone, Wln M6*C, LED, Clear Lens 2lts 1 Color, Lt DS Front - Red Color, Lt PS Front - Blue 312 0681738 Light, Front, Wln M6*C LED, Clear Lens 2nd 2 Location, Lights - ONE EA SIDE UNDER HEADLIGHTS Qty, - 02 Color, Lights, Warning - f) red ps/blue ds Control, Light - f) emerg master 313 0653937 Flasher, Headlight Alternating 1 Headlt flash deactivation - a)w/high beam 314 0540679 Lights, Side Zone Lower, Wln M6*C LED, Clear Lens 2pr 1 Location, Lights Front Side - b)each side bumper Color, Lt Side Front - Red Color, Lt Side Rear - Red Location, Lights Rear Side - Rear Fender Panel 315 0680983 Lights, Door Interior Flash, 4 Dr Cab, Weldon 8401-0000-20 LED Strip Light Ovr W 1 316 0540769 Lights, Side, Wln M6*C LED, Clear Lens, 1st 4 Location, Lights - 1 pair EA SIDE REAR UPPER CAB FWD AT TRANSITION 1 pair EA SIDE OF BODY AHEAD OF WHEEL WELL Qty, - 04 Color, Lights, Warning - gla) red 317 0657299 Lights, Side, Wln WIONSMC* LED, Chrome Flange, Wln Inserts, 1st 4 Location, Lights - IN RUBRAIL UNDER D1/P1 D4/P4 Qty, - 04 Color, Lights, Warning - gla) red Control, Light - f) emerg master 318 0564656 Lights, Rear Zone Lower, Wln M6# LED, Split Color, For Tail Lt Hous 1 Color, Lt DS Rear Splt - a) Red and Blue Color, Lt PS Rear Splt - a) Red and Blue 319 0088745 Light, Rear Zone Upper, Wln L31HRFN LED Beacon, Red LED 1 Color, Dome, Rear Warning - j) both domes clear 320 0006551 Not Required, Lights, Rear Upper Zone Blocking 1 321 0791501 Light, Traffic Directing, Wln TAL65, 36" Long LED, Aerials 1 Activation, Traffic Dir L - Not Connected 9/15/2018 10:47 AM Page 9843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 322 0530074 Location, Traf Dir Lt, On Top of Body Below Turntable w/Trdplt Box 1 323 0530282 Location, Traf Dir Lt Controller, Overhead Switch Panel DS Right End 1 324 0006646 Electrical System, 120/240VAC, General Design 1 325 0762803 Generator, Harrison 6kW MID6.0, Hydraulic, Hotshift PTO, 100' AAT 1 Generator Interlocks - No Interlocks Location, Gen Info Panel - near breaker box 326 0762825 Location, Hydraulic Generator in B1 Rear Compartment, 100' AAT 1 327 0016752 Starting Sw, Truck Engine Powered Gen, Cab Sw Pnl 1 328 0016757 Not Required, Remote Start, Generator 1 329 0016740 Not Required, Fuel System 1 330 0016767 Not Required, Oil Drain Extension, Generator 1 331 0016771 Not Required, Routing Exhaust, Generator 1 332 0036738 Circuit Breaker Panel, Included With PTO Generator 1 Location, Circuit Breaker Panel - LS3, Left Wall High 333 0519934 Not Required, Brand, Hydraulic Tool System 1 334 0649753 Not Required, PTO Driven Hydraulic Tool System 1 335 0649750 Not Required, Hydraulic Reels 1 336 0771866 Aerial, Ascendant 100' Aerial Tower 1 337 0680821 Boom Panel, Pair 1 Paint Color, Predefined - #10 white 338 0526890 Not Required, Indicator, Extension 1 339 0688232 Rung Covers, Aerial Device 1 Rung Cover Color - Safety Yellow 340 0678539 Brackets Only, Roof Ladder, Aerial Fly Section 1 Roof Ladder, Make/Model - 14' Duo-Safety 875-A-DR 341 0766887 Brackets, Stokes Storage, Base Section Above Boom Panel, 100' AAT 1 Qty, - 01 Location, Aerial Device - right side 342 0766891 Box, Saw Storage, w/Cover, Base Section Above Boom Panel, 100' AAT 2 Qty, - 02 Finish - Painted, Aerial Device Color Latch, Door, Storage - "D" Handle Latch w/(2) Gas Struts Location, Aerial Device - each side Louvers - no louvers 343 0678641 Brackets Only, Pike Pole, Aerial Fly Section 1 Qty, - 01 Pike Pole Make/Model - Fire Hooks Unlimited 8' NHFG 344 0770598 Basket, Ascendant 100' Aerial Tower 1 345 0677439 Box, Hose Storage, Platform 1 Qty, - 01 Latch, Door, Storage - Rubber Hood Location, Aerial Basket - right Cover - cover Hose Size, Hosebox - 100' of 1.75" 346 0662436 Scabbard, Temporary Vent Saw Storage, DA Finish, Platform 1 Make/Model - STIHL 16" Length - 16.00" Location, Aerial Basket - right Depth Gauge, Vent Saw - Without Depth Gauge 347 0678780 Brackets Only, Axe, PAP Basket 1 Qty, - 01 Type of Axe - pickhead axe 348 0766894 Lights, Turntable Walkway, P25, On Scene, LED 1 349 0767535 Light, Turntable Console, TecNiq E-10, LED 1 350 0766962 Basket Heat Shields, Ascendant 100' Aerial Tower 1 351 0766953 Control Stations, Ascendant 100' Aerial Tower 1 352 0771862 Stabilizers, Ascendant 100' Aerial Tower, Three Sets 1 353 0548900 Door, Stabilizer Control Box, Aerial MUX, Smooth Aluminum 1 354 0771218 Hydraulic System, Ascendant 100' Aerial Tower 1 355 0767932 Swivels, w/Encoder, 36, Ascendant 100' Aerial Tower 1 356 0767931 Electrical System, Ascendant 100' Aerial Tower 1 357 0783180 Lights, Tip, Wln MPB* LED, Front of Basket 1lt 1 Color, Wln Lt Housing - White Paint 9/15/2018 10:47 AM Page 10843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 358 0659584 Lights, Tracking, Wln MPP* LED, 2lts 1 Color, Wln Lt Housing - White Paint 359 0769515 Steps, Basket Access, Ascendent 100' Aerial Tower 1 360 0554330 Lights, Step (4), P25, Ladder Style Access Steps, Both Sides 1 361 0762570 SP Lighting, Rung, LED, TecNiq, 2 Section, Base & Fly Sections, 100' AAT 1 Control, Aerial Rung Lighting - Aerial Master and DS Sw Panel Control, Aerial Rung Lighting - Aerial Master and DS Sw Panel Color, Lt Aerial Fly Sect - Blue Color, Lt Aerial Base Sect - Blue 362 0653817 Light, Locator, Wln VTX609*, LED, at Tip, PAL/PAP, 2lts 1 Color, Light - d) amber 363 0540743 Lights, Stabilizer Warn (2) Sets, Wln M6*C LED, Clear Lens 1 Color, Lt Rr Stabilzr Pan - r) Pan Light Red Color, Lt Fr Stabilzr Pan - r) Pan Light Red 364 0068703 Lights, Grote Supernova LED, Stabilizer Beam, (1) Set 1 365 0762387 Lights, Stabilizer Scene, (3) sets, Amdor AY-LB-12HW012, LED 1 366 0766878 120 Volt To Tip, 20 Amp L5-20, Ascendant 100' Aerial Tower 1 367 0661386 Light, Wln PCP2AC, 120 Volt @ Front Of Basket, PAP 2 Qty, - 02 Location, Sw, Arl AC Lts - BB) 2 Pos Location, Plat/Tip AC Lts - D) Center 368 0594648 Intercom, 2-Way Fire Research ICA900 Hands Free 1 369 0766913 Breathing Air to Tip, (1) 4500 PSI, Ascendant 100' Aerial Tower 1 Refill Hose - 50' Breathing Air Fitting - Hansen Breathing Air Mask Box - mask box platform 370 0024742 Not Required, Mask, Breathing Air To Tip 1 371 0767396 Aerial Pedestal, 100' Ascendant Aerial Tower 1 372 0766834 Lyfe Brackets, 3-In-1, Used w/Duo-Safety 875 Ladders ONLY, 100' AAT 1 373 0544198 Control, Air Horn, Red, at Turntable 1 374 0767148 Turntable Access, ManSaver Bar, Red 1 375 0769514 Waterway, Ascendant 100' Aerial Tower 1 376 0554243 Not Required, Preconnect At Platform, TFT VUM or Akron AVM 1 377 0764417 Monitors, (2), TFT Monsoon, Y4-MP1A-P-01 Manual and Y4-EP1A-P Elec, (Use w/VUM) 1 Nozzle, Monitor 1, PAP - TFT YST-4NN Tips Nozzle, Monitor 2, PAP - TFT M-ERP1500 Electric 1500 gpm 378 0086971 Flowmeter, Waterway, MUX, PAP 1 379 0009364 Inlet, 5.00", w/ Pump, Ascendant 100' Aerial Tower 1 380 0685077 Valves, (2) TFT VUM (Valve Under Monitor), Electric, RC, Manual, (PAP)1 381 0047897 Tools, Aerial 1 382 0559491 Manuals and Training, 3 Consecutive Days, Platform 1 383 0007150 Bag of Nuts and Bolts 1 Qty, Bag Nuts and Bolts - 1 384 0602497 NFPA Required Loose Equipment, Quint, NFPA 2016, Provided by Fire Department 1 385 0602397 Soft Suction Hose, Provided by Fire Department, Quint NFPA 2016 Classification 1 386 0027023 No Strainer Required 1 387 0602534 Extinguisher, Dry Chemical, Quint NFPA 2016, Provided by Fire Department 1 388 0602352 Extinguisher, 2.5 Gal. Pressurized Water, Quint, NFPA 2016,Provided by Fire Dept 1 389 0765595 Ladder Belts, Aerial 1 Safety Belt, Large/XL - (2) two Large/XL (34"-42" waist) Safety Belt, Small/Medium - (2) two Small/medium (26"-34" waist) Safety Belt, XXL - (1) one XXL (42"-50" waist) 390 0007482 Not Required, Crowbars 1 391 0007484 Not Required, Claw Tools 1 392 0602883 Axe, Flathead, Quint NFPA 2016, Provided by Fire Department 1 393 0602670 Axe, Pickhead, Quint NFPA 2016, Provided by Fire Department 1 394 0007494 Not Required, Sledgehammers 1 395 0559682 Paint, Two Tone, Cab, w/Shield, Custom Cab 1 Paint Color, Predefined - #90 Red Paint Color, Upper Area, Predefined - #10 White 396 0646901 Paint Chassis Frame Assy, With Liner, E-Coat, Standard 1 Paint Color, Frame Assembly, Predefined - Standard Black 9/15/2018 10:47 AM Page 11843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 397 0693797 No Paint Required, Aluminum Front Wheels 1 398 0693792 No Paint Required, Aluminum Rear Wheels 1 399 0007234 Compartment, Unpainted, D/A Finished 1 400 0792638 Aerial Platform Paint 1 Paint Color, Aerial Device - White 10 Paint Color, Turntable - White 10 Paint Color, Boom Support - black 101 Paint Color, Cylinders - white 10 Paint Color, Aerial Torque Box - gloss black primer Paint Color, Aerial Stabilizers - black 101 Paint Color, Aerial Basket - white 10 Paint Color, Aerial Rotation Motor - Black Paint Color, Aerial Control Console - white 10 401 0556647 Reflective Band, 1"- 1"- 6"- 1"- 1", (10")1 Color, Reflect Band - A - a) white Color, Reflect Band - B - n) ruby red Color, Reflect Band - C - w) white Color, Reflect Band - D - RUBY RED Color, Reflect Band - E - WHITE 402 0510041 Reflective across Cab Face, Imp/Vel 1 403 0536956 Stripe, Chevron, Rear, Diamond Grade, Bumper Covered, Aerial 1 Color, Rear Chevron DG - fluorescent yellow green 404 0598754 Stripe, Reflective/Diamond Grade, 4.00" on Stabilizers 1 Color, Reflect Band - A - p) fluorescent yellow green diamond grade 405 0671861 Stripe, Diamond Grade Chevron, Fixed or Adjustable Shelf 6 Location - tbd Qty, - 06 Color, Reflect Chev - A - t) fluorescent yellow green diamond grade 406 0670035 Stripe, Diamond Grade Chevron, Toolboard 3 Location - tbd Color, Reflect Band - A - p) fluorescent yellow green diamond grade Qty, - 03 407 0671876 Stripe, Diamond Grade Chevron, Slide Out Tray, Front and Sides 6 Location - tbd Color, Reflect Band - A - p) fluorescent yellow green diamond grade Qty, - 06 408 0022087 "Z" Ribbon, w/Shade in Reflective Stripe, Pair 1 Qty, - 1 409 0065687 Stripe, Reflective, Cab Doors Interior 1 Color, Reflective - a) white 410 0027372 Lettering Specifications, (GOLD STAR Process)1 411 0686428 Lettering, Gold Leaf, 3.00", (41-60)1 Outline, Lettering - Outline and Shade 412 0685985 Lettering, Reflective, 12.00", Each 2 Qty, Lettering - 02 Outline, Lettering - Outline 413 0686236 Lettering, Gold Leaf, 5.00", Each 20 Qty, Lettering - 20 Outline, Lettering - Outline and Shade 414 0686229 Lettering, Gold Leaf, 6.00", Each 12 Qty, Lettering - 12 Outline, Lettering - Outline and Shade 415 0686215 Lettering, Gold Leaf, 8.00", Each 4 Qty, Lettering - 04 Outline, Lettering - Outline and Shade 416 0686084 Lettering, Reflective, 3.00", Each 9 Qty, Lettering - 09 Outline, Lettering - Outline 417 0686288 Lettering, Gold Leaf, 3.00", Each 24 Qty, Lettering - 24 Outline, Lettering - Outline and Shade 418 0685981 Lettering, Reflective, 14.00", Each 2 Qty, Lettering - 02 Outline, Lettering - Outline 9/15/2018 10:47 AM Page 12843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 419 0087031 Emblem, Fleur De Lis, Gold Leaf, Pair 2 Qty, - 02 Location, Emblem - FRONT CAB CORNERS 420 0683720 Emblem, Maltese Cross, Reflective, 24"-26", Each 1 Qty, - 01 Location, Emblem - R1 421 0769753 Emblem, American Flag Painted on Cab Grille, All Custom Chassis 1 422 0772003 Manual, Fire Apparatus Parts, USB Flash Drive, Custom 1 Qty, - 01 423 0772037 Manual, Chassis Service, USB Flash Drive, Custom 1 Qty, - 01 424 0773381 Manual, Chassis Operation, One (1) USB Flash Drive, Custom 1 425 0030008 Warranty, Basic, 1 Year, Apparatus, WA0008 1 426 0611136 Warranty, Chassis, 3 Year, Velocity/Impel, WA0284 1 427 0696696 Warranty, Engine, Detroit DD13, 5 Year, WA0180 1 428 0684953 Warranty, Steering Gear, Sheppard M110, 3 Year WA0201 1 429 0595767 Warranty, Frame, 50 Year, Velocity/Impel, Dash CF, WA0038 1 430 0595698 Warranty, Axle, 3 Year, TAK-4, WA0050 1 431 0777368 Warranty, Axle, 2 Year, Meritor, General Service, WA0328 1 432 0652758 Warranty, ABS Brake System, 3 Year, Meritor Wabco, WA0232 1 433 0019914 Warranty, Structure, 10 Year, Custom Cab, WA0012 1 434 0595813 Warranty, Paint, 10 Year, Cab, Pro-Rate, WA0055 1 435 0524627 Warranty, Electronics, 5 Year, MUX, WA0014 1 436 0647720 Warranty, Pierce LED Strip Lights, WA0203 1 437 0046369 Warranty, 5-year EVS Transmission, Standard Custom, WA0187 1 438 0685945 Warranty, Transmission Cooler, WA0216 1 439 0688798 Warranty, Water Tank, Lifetime, UPF, Poly Tank, WA0195 1 440 0596025 Warranty, Structure, 10 Year, Body, WA0009 1 441 0693127 Warranty, Gortite, Roll-up Door, 6 Year, WA0190 1 442 0063510 Warranty, Pump, Waterous, 5 Year Parts, WA0225 1 443 0648675 Warranty, 10 Year S/S Pumbing, WA0035 1 444 0657846 Warranty, Foam System, Husky 12, WA0231 1 445 0006999 Warranty, Structure, 20 Year, Aerial Device, WA0052 1 446 0687388 Warranty, Swivels, 5 Year, Aerial Device, WA0197 1 447 0685727 Warranty, Hydraulic System and Components, 3 Year/5 Year, WA0200 1 448 0687327 Warranty, Waterway, 10 Year, Aerial Device, WA0198 1 449 0595860 Warranty, Paint, 4 Year, Aerial Device, Pro-Rated, WA0047 1 450 0553455 Warranty, Electronics, 5 Year, MUX, WA0014 1 451 0609981 Warranty, Harrison Generator, 6 Year, WA0285 1 452 0595820 Warranty, Paint, 10 Year, Body, Pro-Rate, WA0057 1 453 0595421 Warranty, Goldstar, 3 Year, Apparatus, WA0018 1 454 0596326 Warranty, Extended, 2 Year, Custom Chassis, Class H, WA0069 1 455 0683627 Certification, Vehicle Stability, CD0156 1 456 0610837 Certification, Engine Installation, Velocity, Detroit DD13, 2016, CD0148 1 457 0686786 Certification, Power Steering, CD0098 1 458 0667417 Certification, Cab Integrity, Velocity FR, CD0009 1 459 0548950 Certification, Cab Door Durability, Velocity/Impel, CD0001 1 460 0548967 Certification, Windshield Wiper Durability, Impel/Velocity, CD0005 1 461 0667411 Certification, Electric Window Durability, Velocity/Impel FR, CD0004 1 462 0549273 Certification, Seat Belt Anchors and Mounting, Imp/Vel/Vel SLT, CD0018 1 463 0667416 Certification, Cab Heater and Defroster, Velocity/Impel FR, CD0015 1 464 0667415 Certification, Cab Air Conditioning Performance, Velocity/Impel FR, CD0016 1 465 0545073 Amp Draw Report, NFPA Current Edition 1 466 0002758 Amp Draw, NFPA/ULC Radio Allowance 1 467 0799248 Appleton/Florida BTO 1 468 0000053 Ascendant Tower 1 469 0000012 PIERCE CHASSIS 1 470 0562778 DD13 ENGINE 1 471 0046396 EVS 4000 Series TRANSMISSION 1 472 0020011 WATEROUS PUMP 1 473 0020009 POLY TANK 1 9/15/2018 10:47 AM Page 13843Bid #: Attachment 3 Item 10 Line Option Type Option Description Qty 474 0028048 FOAM SYSTEM 1 475 0020006 SIDE CONTROL 1 476 0020007 AKRON VALVES 1 477 0020015 ABS SYSTEM 1 478 0658751 Manufacturing Attribute 1 9/15/2018 10:47 AM Page 14843Bid #: Attachment 3 Item 10 Randy Overton 972-489-8127 Randy.Overton@proambulance.net VISIT OUR WEBSITE AT: www.proambulance.net The Town of Prosper Fire Department September 13, 2018 Attn: Chief Stuart Blasingame 1500 E. First Prosper, TX 75078 stuart.blasingame@prosperfire.com Chief Blasingame; We would like to thank you for your interest in our company, and for allowing us to provide your service with information regarding our ambulances. We hope this information is both helpful and informative for your upcoming ambulance purchasing. Per your request, I am enclosing an updated quote for the Horton Type I ambulance. 2019 - Ford F550 Horton 603F Type I Ambulance $271,867.00 HGAC Purchasing Fee 1,000.00 TOTAL $272,867.00 Delivery will be approximately 180 – 210 days after receipt of signed production order and conformation of chassis availability at our facility. If you have any questions or need any additional information, please do not hesitate to give us a call toll free at (800)561-6070 or (972)489-8127. Thank you, Randy Overton North Texas Account Manager Attachment 4 Item 10 PLEASE ENTER MY ORDER FOR THE FOLLOWING: NEW PREOWNED REMOUNT OTHER YEAR 2019 MAKE/MODEL Ford F550 4x2 TYPE I COLOR Red TO BE DELIVERED APPOX.VIN TBD 2019 Ford F550 Horton DATE: PURCHASER: ADDRESS: CITY/ST/ZIP: 75078 CONTACT: PHONE: FAX: EMAIL: stuart.blasingame@prosperfire.com TRADE-IN: Tax Title Application Fee Registration State Inspection Fee Delivery F.O.B. Factory Delivery Date: Total: Purchaser: Down Payment Grand Total Sales Rep:Randy Overton TERMS: Payment due upon delivery & acceptance of unit. 190-230 Days after receipt of Prosper, TX $0.00 Chief Stuart Blasingame 972-347-2424 signed production order and chassis to Horton $271,852.50 200 S. Main St. TOTAL $272,852.50 09/13/18 Town of Prosper $1,000.00 Includes: Stryker Power Load HGAC fee Type I Ambulance $272,867.00 EXEMPT EXEMPT $14.50 $272,867.00 System EXEMPT 309 FM 3381 Comanche, Texas 76442 (866) 356-2236 WATTS (325)356-3360 FAX natalie.carroll@proambulance.net Sales Agreement The front of this order comprise the entire agreement affecting this purchase and no other agreement or understanding of any other nature has been made or entered into, or will be recognized. I have read the matter printed and agree to it as part of this order the same as if it were printed above my signature. I certify that I am 18 years or older and hereby acknowledge receipt of a copy of this order. I authorize Professional Ambulance hereby expressly. Disclaims all warranties either express or implied, including any implied warranty or merchantablility or fitness for a particular purpose, and Professional Ambulance Sales and Service neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of the vehicle. Attachment 4 Harlan Jefferson, Town Manager Item 10 Contract No.:AM10-16 Date Prepared:9/18/2018 Buying Agency: Contact Person: Prepared By: Phone:Phone: Fax:Fax: Email:Email: Product Code:KA05 Description: 171,361 Cost Cost Subtotal B: 99,113 Cost Cost Subtotal C: $19,485 7% Cost Cost 15 Subtotal D: 15 1 289,974 == Subtotal E: 289,974 Subtotal F: 1,000 Cost Cost -18,107 Subtotal G: -18,107 272,867 This Form must be prepared by Contractor, and provided to End User to attach to Purchase Order, with copy to H-GAC. The H-GAC administrative fee shall be calculated and shown as a separate line item. Please type or print legibly. C. Unpublished Options - Itemize below / attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in Contractor's bid.) TOWN OF PROSPER STUART BLASINGAME 972-347-2424 stuart.blasingame@prosperfire.com HORTON EMERGENCY VEHICLES NATALIE CARROLL 325-356-2233 DELETE POWER LOAD COT natalie.carroll@proambulance.net Description Description SEE ATTACHED PAGE Description Description F. H-GAC Fee Calculation (From Current Fee Tables) E. Total Cost Before Any Applicable Trade-In / Other Allowances / Discounts (A+B+C+D) G. Trade-Ins / Other Allowances / Special Discounts X Subtotal of A + B + C + D: Subtotal From Additional Sheet(s): Quantity Ordered: Description Description For this transaction the percentage is: Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A+B). D. Other Cost Items Not Itemized Above (e.g. Installation, Freight, Delivery, Etc.) Description Description Subtotal From Additional Sheet(s): 325-356-3360 B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) SEE ATTACHED PAGE CONTRACT PRICING WORKSHEET For MOTOR VEHICLES Only TYPE I, FORD F550 HORTON MODEL 603 A. Product Item Base Unit Price Per Contractor's H-GAC Contract: H. Total Purchase Price (E+F+G):Delivery Date: INSPECTION Attachment 5Item 10 9/18/2018 PUBLISHED OPTIONS Code or Part No.Option Description Offered Price BH08GS00 RUNNING BOARDS: W/GRIP STRUT 483 BL26I000 CAMERA SYSTEM FOR USE WITH I4G 434 DR08LC00 SHELF FOR LED LIGHTED VERTICAL COMPARTMENT (5)1735 DR09LC00 SHELF FOR LED LIGHTED DOUBLE DOOR COMPARTMENT 443 DR10D000 TOOL MOUNTING PLATE 239 DR11A000 DIVIDER FIXED, VERTICAL COMPARTMENT (3)861 DR11CA00 EXPANDED METAL CAGE FOR PROTECTION OF EQUIPMENT 70 DR10D000 TOOL MOUNTING PLATE 239 CB06SW00 DOUBLE STEP CURBSIDE ENTRY, 3"774 CB07E000 COT MOUNT REINFORCEMENT PLATES: POWER LOAD 310 DG06D000 ELECTRONIC PRIVACY WINDOWS IN PATIENT DOORS:2600 DH300000 ASSIST HANDLES:380 DL480000 ELECTRIC DOOR LOCKS: COMPARTMENT 833 DL48B000 ELECTRIC DOOR SWITCH: CONCEALED 117 DL48D000 ELECTRIC DOOR LOCKS WIRED TO OEM SWITCHES 155 DLH40000 RECESSED LICENSE PLATE BRACKET 194 DR22B000 DRI DECK IN EXTERIOR COMPARTMENTS 580 ED020000 CHASSIS PAINT: OTHER COLOR 2981 ED050000 MODULE PAINT: OTHER COLOR 605 FE02B000 PLEXIGLAS COLOR: CLEAR 78 FE06E000 COUNTERTOP, SOLID SURFACE (3)1854 GF030000 STAINLESS STEEL RISER, CABINET WALL 234 GF03A000 STAINLESS STEEL RISER, BENCH WALL 234 GF03C000 STAINLESS STEEL LOWER DOOR PANELS 347 GK12A300 HIGH BACK ATTENDANT SEAT WITH CHILD SAFETY, 4PT 1488 HK03D000 PULL OUT DRAWER INSTALLATION IN MAIN CABINET WALL 557 HK270000 INSIDE/OUTSIDE ACCESS TO STREETSIDE REAR COMPARTMENT 580 TOWN OF PROSPER Attachment 6Item 10 9/18/2018 IG070120 HOPS END RESTRAINT USED WITH DUAL VERTICAL BOTTLE STORAGE 206 IK17E000 SHARPS/WASTE STORAGE IN A PULL OUT DRAWER IN SQUAD BENCH 504 IN09F000 "D" BOTTLE STORAGE IN HEAD OF BENCH FACING STEP WELL 696 JAK03G00 GLOVE STORAGE ABOVE FRONT WALL CABINET 491 KG09D000 GRAB RAIL: ADDITIONAL 6FT WITH ANTI-MICROBIAL COATING 161 KG09F000 GRAB RAIL: 8FT WITH ANTI-MICROBIAL COATING 202 KL33B000 REAR RADIO SPEAKERS 210 LG03F300 COT MOUNT, SUPPLY AND INSTALL STRYKER POWER LOAD 25850 MBM16000 TRAFFIC ADVISOR, WHELEN TAL85, EIGHT LED WITH CONTROL HEAD 948 MAM60000 INSTALL CUSTOMER SUPPLIED TRAFFIC EMITTER 306 MM07R000 M7 SERIES LED, RED (6)1932 MM07RA00 M7 SERIES LED, RED/AMBER SIDE TO SIDE SPLIT (2)690 MM09A000 M9 SERIES LED, AMBER 444 MM09R000 M9 SERIES LED, RED (10)4440 MM10CL00 L.E.D. WARNING: COMPARTMENT DOOR SINGLE COLOR (EACH) (4)716 MM10L000 L.E.D. WARNING: PATIENT ENTRY DOOR, SINGLE COLOR (EACH) (3)537 MM110000 CHEVRON STYLE CONSPICUITY LIGHTING 1886 MN09B000 DUAL AIR HORNS 1470 MN100000 FOOT SWITCH AIR HORN ACTIVATION 102 MN35CD00 SIREN: WHELEN HFS295C9 776 MN35CR00 SIREN, WHELEN HOWLER 802 MN40A000 SIREN INSTALL:216 OL09M000 KKK SIDE BODY MARKER LIGHTS, M6 SERIES L.E.D. (PAIR)633 OL35E000 360 DEGREE MARKER LIGHTS 464 OL41RR00 L.E.D. WARNING: RUB RAILS, SINGLE COLOR 1744 OM26B000 WHELEN PFP1 SINGLE PANEL PIONEER PLUS SUPER LED FLOODLIGHT 1149 OM26D000 WHELEN PFP2 DUAL PANEL PIONEER PLUS SUPER LED FLOODLIGHT (2)3930 OM30D000 TAIL LIGHTS, M6 SERIES 1604 OM30FB00 AMBER ARROW LIGHTS, M6 SERIES LED'S (2)930 Attachment 6Item 10 9/18/2018 PAL00I00 SECOND REAR CONTROL PANEL-SURFACE MOUNT, I4G:3368 PAL00T20 THREE SWITCH PANEL, I4G 279 PAL01C00 INPOWER ELECTRONIC BATTERY SWITCH 362 PAL02K00 INVERTER:20-1050CUL W/CHARGER, INTERFACE 2242 PAL30AR0 110V INTERIOR OUTLET (3) ADDT'L 513 PAL31CR0 INTERIOR 12VDC OUTLETS: CIGARETTE LIGHTER TYPE (2) ADDT'L 260 PAL38E00 SHORELINE, KUSSMAUL SUPER AUTO EJECT, 20 AMP NON ARCING 688 PAL38F00 SHORELINE, KUSSMAUL SUPER AUTO EJECT, 30 AMP NON ARCING 890 PAL38IL0 SHORELINE INDICATOR: (2)140 PAL38Q00 EZ PLATE (2)150 PAL39000 WIRE ENGINE BLOCK HEATER:234 PL11B000 LIGHT PROGRAMMING: RIGHT SIDE SCENE 136 PL11C000 LIGHT PROGRAMMING: LOAD LIGHT 117 PL11D000 LIGHT PROGRAMMING: HEADLIGHT ACTIVATED 117 PL20E000 CLOCK, INTELLITEC LED 376 PL23A000 2.5" CAB CEILING LIGHTS, COMBINATION WHITE/RED LED 212 PL23AB00 NFPA CAB WARNING LIGHT 95 PL27CA00 PATIENT CEILING DOME LIGHTS: WHELEN LED (9)3123 PL27CM00 LED LIGHTING, INTERIOR CABINETS, MAIN WALL 714 PL27CN00 LED LIGHTING, INTERIOR CABINETS, SQUAD BENCH CABINET 189 PL29A000 SPOT LIGHT: HAND HELD 132 QH29C500 COOL TECH II CONDENSER WITH SOLAR PANEL (FORD E/F SERIES, CHEVY/GMC)3600 QL43P000 NFPA COMPLIANT VENTING-CAST PAINTED 434 QL455000 DANHARD 110V A/C SYSTEM 4604 RJ01A000 ANTENNA COAX 162 RJ03MM00 ANTENNA: K-94 MOUNT. (2)210 RJ05C000 CONSOLE EXTENSION:831 RJ05CP00 CUP HOLDERS 63 RJ06A000 RADIO HEAD PRE-CUT: FRONT 136 Attachment 6Item 10 9/18/2018 RJ06B000 RADIO HEAD PRE-CUT: REAR 136 TN03A000 OXYGEN OUTLET: ADDITIONAL (2)558 TN08B000 D BOTTLE MOUNT: SINGLE, 521 MODEL (2)598 TOTAL $99,113 Attachment 6Item 10 UNPUBLISHED OPTIONS Option Description Offered Price SCBA BRACKET INSTALLED (2)$1,610 DOOR BRACKET FOR STAIR CHAIR $575 CUSTOM STRIPING $2,875 STORAGE BENEATH CPR SEAT & RECESSED PADDLE LATCH $517 SPECIAL SEATING - PARAMEDIC DESIGN PD7 $978 SPECIAL - FRONT WALL CABINET $4,150 OPTICOM TRAFFIC EMITTER $1,785 VISUAL EMERGENCY WARNING SYSTEM $2,477 MODIFICATIONS FOR SLIDING SIDE ENTRY DOOR & INFANT SAFETY SEAT FEATURE $4,518 TOTAL $19,485 TOWN OF PROSPER Attachment 7Item 10 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.612 acres of Water Easement, and 0.612 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 4, Tract 21, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Lower Pressure Plane Water Line. Water Easements are required for installation of the Town’s water line and Temporary Construction Easements are required during construction. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.612 acres of Water Easement, and 0.612 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 4, Tract 21, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.612 acres of Water Easement, and 0.612 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 4, Tract 21, in the Town of Prosper, Collin County, Texas, necessary for the Prosper is a place where everyone matters. ENGINEERING Item 11 Page 2 of 2 construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. This item requires a roll call vote. Item 11 95% SUBMITTAL ON D A T E : TE X A S N O : NO T F O R C O N S T R U C T I O N TH I S D O C U M E N T I S R E L E A S E D F O R T H E PU R P O S E O F I N T E R I M R E V I E W U N D E R T H E AU T H O R I T Y O F : IT I S N O T T O B E U S E D F O R C O N S T R U C T I O N , BI D D I N G O R P E R M I T P U R P O S E S . CL A Y T O N C . B A R N A R D P . E . 10 3 4 1 5 JU N E 2 0 1 8 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 1 Parcel 6 Parcel 22 Parcel 7 Parcel 9 Parcel 8 Parcel 10 Parcel 11 Parcel 12 Parcel 13 Parcel 14 Parcel 14 Parcel 15 Parcel 19 Parcel 20 Parcel 21 Item 11 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.612 ACRES OF LAND FOR WATER LINE EASEMENT AND 0.612 ACRES OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE LOWER PRESSURE PLANE WATER SUPPLY LINE PHASE 1 PROJECT, SAID PROPERTY LOCATED IN THE COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 4, TRACT 21, ABSTRACT NO. A0147, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THE TRACT OF LAND CONVEYED TO M.A.H.G. PARTNERSHIP, BY THE DEED RECORDED IN COUNTY CLERK’S FILE NO. 20100601000545080, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.612 acres of water easement and 0.612 acres of temporary construction easement located in the Collin County School Land #12 Survey, Sheet 4, Tract 21, Abstract No. A0147, Collin County, Texas, and being a portion of the tract of land conveyed to M.A.H.G. Partnership, by the deed recorded in County Clerk’s File No 20100601000545080, of the Official Public Records of Collin County, Texas; (the “Property”), and more particularly described and depicted in Exhibits A & B, which are attached hereto and incorporated herein for all purposes, is appropriate for use as the location of the Lower Pressure Plane Water Supply Line Phase 1 Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Water Supply Line Phase 1 Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 11 Resolution No. 18-__, Page 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 9TH DAY OF OCTOBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 11 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 11 Resolution No. 18-__, Page 4 EXHIBIT A Item 11 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) LEGAL DESCRIPTION Item 11 Resolution No. 18-__, Page 6 EXHIBIT B Item 11 Resolution No. 18-__, Page 7 EXHIBIT B (Continued) Item 11 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.400 acres of Water Easement, and 0.539 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 4, Tract 20, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Lower Pressure Plane Water Supply Line. Water Easements are required for installation of the Town’s water line and Temporary Construction Easements are required during construction. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.400 acres of Water Easement, and 0.539 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 4, Tract 20, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.400 acres of Water Easement, and 0.539 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 4, Tract 20, in the Town of Prosper, Collin County, Texas, necessary for the Prosper is a place where everyone matters. ENGINEERING Item 12 Page 2 of 2 construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. This item requires a roll call vote. Item 12 95% SUBMITTAL ON D A T E : TE X A S N O : NO T F O R C O N S T R U C T I O N TH I S D O C U M E N T I S R E L E A S E D F O R T H E PU R P O S E O F I N T E R I M R E V I E W U N D E R T H E AU T H O R I T Y O F : IT I S N O T T O B E U S E D F O R C O N S T R U C T I O N , BI D D I N G O R P E R M I T P U R P O S E S . CL A Y T O N C . B A R N A R D P . E . 10 3 4 1 5 JU N E 2 0 1 8 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 1 Parcel 6 Parcel 22 Parcel 7 Parcel 9 Parcel 8 Parcel 10 Parcel 11 Parcel 12 Parcel 13 Parcel 14 Parcel 14 Parcel 15 Parcel 19 Parcel 20 Parcel 21 Item 12 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.400 ACRES OF LAND FOR WATER LINE EASEMENT AND 0.539 ACRES OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE LOWER PRESSURE PLANE WATER SUPPLY LINE PHASE 1 PROJECT, SAID PROPERTY LOCATED IN THE COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 4, TRACT 20, ABSTRACT NO. A0147, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THE TRACT OF LAND CONVEYED TO TOLLWAY FISH TRAP PARTNERS, LLC, BY THE DEED RECORDED IN COUNTY CLERK’S FILE NO. 20161104001506360, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.400 acres of water easement and 0.539 acres of temporary construction easement located in the Collin County School Land #12 Survey, Sheet 4, Tract 20, Abstract No. A0147, Collin County, Texas, and being a portion of the tract of land conveyed to Tollway Fish Trap Partners, LLC, by the deed recorded in County Clerk’s File No. 20161104001506360, of the Official Public Records of Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibits A&B, which are attached hereto and incorporated herein for all purposes, is appropriate for use as the location of the Lower Pressure Plane Water Supply Line Phase 1 Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Water Supply Line Phase 1 Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 12 Resolution No. 18-__, Page 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 9TH DAY OF OCTOBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 12 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 12 Resolution No. 18-__, Page 4 EXHIBIT A Item 12 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) Item 12 Resolution No. 18-__, Page 6 EXHIBIT B Item 12 Resolution No. 18-__, Page 7 EXHIBIT B (Continued) Item 12 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.154 acres of Water Easement, and 0.205 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 180, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Lower Pressure Plane Water Supply Line. Water Easements are required for installation of the Town’s water line and Temporary Construction Easements are required during construction. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.154 acres of Water Easement, and 0.205 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 180, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.154 acres of Water Easement, and 0.205 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 180, in the Town of Prosper, Collin County, Texas, necessary for the Prosper is a place where everyone matters. ENGINEERING Item 13 Page 2 of 2 construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. This item requires a roll call vote. Item 13 95% SUBMITTAL ON D A T E : TE X A S N O : NO T F O R C O N S T R U C T I O N TH I S D O C U M E N T I S R E L E A S E D F O R T H E PU R P O S E O F I N T E R I M R E V I E W U N D E R T H E AU T H O R I T Y O F : IT I S N O T T O B E U S E D F O R C O N S T R U C T I O N , BI D D I N G O R P E R M I T P U R P O S E S . CL A Y T O N C . B A R N A R D P . E . 10 3 4 1 5 JU N E 2 0 1 8 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 1 Parcel 6 Parcel 22 Parcel 7 Parcel 9 Parcel 8 Parcel 10 Parcel 11 Parcel 12 Parcel 13 Parcel 14 Parcel 14 Parcel 15 Parcel 19 Parcel 20 Parcel 21 Item 13 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.154 ACRES OF LAND FOR WATER LINE EASEMENT AND 0.205 ACRES OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE LOWER PRESSURE PLANE WATER SUPPLY LINE PHASE 1 PROJECT, SAID PROPERTY LOCATED IN THE COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 5, TRACT 180, ABSTRACT NO. A0147, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THE TRACT OF LAND CONVEYED TO TOLLWAY FIRST PARTNERS, L.P., BY THE DEED RECORDED IN COUNTY CLERK’S FILE NO. 20101007001084900, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.154 acres of water easement and 0.205 acres of temporary construction easement located in the Collin County School Land #12 Survey, Sheet 5, Tract 180, Abstract No. A0147, Collin County, Texas, and being a portion of the tract of land conveyed to Tollway Partners, L.P., by the deed recorded in County Clerk’s file No. 20101007001084900, of the Official Public Records of Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibits A&B, which are attached hereto and incorporated herein for all purposes, is appropriate for use as the location of the Lower Pressure Plane Water Supply Line Phase 1 Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Water Supply Line Phase 1 Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 13 Resolution No. 18-__, Page 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 9TH DAY OF OCTOBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 13 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 13 Resolution No. 18-__, Page 4 EXHIBIT A Item 13 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) LEGAL DESCRIPTION Item 13 Resolution No. 18-__, Page 6 EXHIBIT B Item 13 Resolution No. 18-__, Page 7 EXHIBIT B (Continued) LEGAL DESCRIPTION Item 13 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.152 acres of Water Easement, and 0.208 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 175, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Lower Pressure Plane Water Supply Line. Water Easements are required for installation of the Town’s water line and Temporary Construction Easements are required during construction. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.152 acres of Water Easement, and 0.208 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 175 in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.152 acres of Water Easement, and 0.208 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 175, in the Town of Prosper, Collin County, Texas, necessary for the Prosper is a place where everyone matters. ENGINEERING Item 14 Page 2 of 2 construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. This item requires a roll call vote. Item 14 95% SUBMITTAL ON D A T E : TE X A S N O : NO T F O R C O N S T R U C T I O N TH I S D O C U M E N T I S R E L E A S E D F O R T H E PU R P O S E O F I N T E R I M R E V I E W U N D E R T H E AU T H O R I T Y O F : IT I S N O T T O B E U S E D F O R C O N S T R U C T I O N , BI D D I N G O R P E R M I T P U R P O S E S . CL A Y T O N C . B A R N A R D P . E . 10 3 4 1 5 JU N E 2 0 1 8 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 1 Parcel 6 Parcel 22 Parcel 7 Parcel 9 Parcel 8 Parcel 10 Parcel 11 Parcel 12 Parcel 13 Parcel 14 Parcel 14 Parcel 15 Parcel 19 Parcel 20 Parcel 21 Item 14 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.152 ACRES OF LAND FOR WATER LINE EASEMENT AND 0.208 ACRES OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE LOWER PRESSURE PLANE WATER SUPPLY LINE PHASE 1 PROJECT, SAID PROPERTY LOCATED IN THE COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 5, TRACT 175, ABSTRACT NO. A0147, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THE TRACT OF LAND CONVEYED TO TOLLWAY FIRST PARTNERS, L.P., BY THE DEED RECORDED IN COUNTY CLERK’S FILE NO. 20140220000159450, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.152 acres of water easement and 0.208 acres of temporary construction easement located in the Collin County School Land #12 Survey, Sheet 5, Tract 175, Abstract No. A0147, Collin County, Texas, being a portion of the tract of land conveyed to Tollway First Partners, L.P., By the deed recorded in County Clerk’s File No. 20140220000159450, of the Official Public Records of Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibits A&B, which are attached hereto and incorporated herein for all purposes, is appropriate for use as the location of the Lower Pressure Plane Water Supply Line Phase 1 Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Water Supply Line Phase 1 Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 14 Resolution No. 18-__, Page 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 9TH DAY OF OCTOBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 14 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 14 Resolution No. 18-__, Page 4 EXHIBIT A Item 14 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) LEGAL DESCRIPTION EXHIBIT B Item 14 Resolution No. 18-__, Page 6 EXHIBIT B (Continued) Item 14 Resolution No. 18-__, Page 7 LEGAL DESCRIPTION Item 14 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.200 acres of Water Easement, and 0.262 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Lower Pressure Plane Water Supply Line. Water Easements are required for installation of the Town’s water line and Temporary Construction Easements are required during construction. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.200 acres of Water Easement, and 0.262 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.200 acres of Water Easement, and 0.262 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County, Texas, necessary for the Prosper is a place where everyone matters. ENGINEERING Item 15 Page 2 of 2 construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. This item requires a roll call vote. Item 15 95% SUBMITTAL ON D A T E : TE X A S N O : NO T F O R C O N S T R U C T I O N TH I S D O C U M E N T I S R E L E A S E D F O R T H E PU R P O S E O F I N T E R I M R E V I E W U N D E R T H E AU T H O R I T Y O F : IT I S N O T T O B E U S E D F O R C O N S T R U C T I O N , BI D D I N G O R P E R M I T P U R P O S E S . CL A Y T O N C . B A R N A R D P . E . 10 3 4 1 5 JU N E 2 0 1 8 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 1 Parcel 6 Parcel 22 Parcel 7 Parcel 9 Parcel 8 Parcel 10 Parcel 11 Parcel 12 Parcel 13 Parcel 14 Parcel 14 Parcel 15 Parcel 19 Parcel 20 Parcel 21 Item 15 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.200 ACRES OF LAND FOR WATER LINE EASEMENT AND 0.262 ACRES OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE LOWER PRESSURE PLANE WATER SUPPLY LINE PHASE 1 PROJECT, SAID PROPERTY LOCATED IN THE COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 5, TRACT 17, ABSTRACT NO. A0147, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THE TRACT OF LAND CONVEYED TO DEG REAL ESTATE, LLC, BY THE DEED RECORDED IN COUNTY CLERK’S FILE NO. 20170413000473710, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.200 acres water easement and 0.262 acres of temporary construction easement located in the Collin County School Land #12 Survey, Sheet 5, Tract 17, Abstract No. A0147, Collin County, Texas, and being a portion of the tract of land conveyed to DEG Real Estate, LLC, by the deed recorded in County Clerk’s File No. 20170413000473710, of the Official Public Records of Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibits A&B, which are attached hereto and incorporated herein for all purposes, is appropriate for use as the location of the Lower Pressure Plane Water Supply Line Phase 1 Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Water Supply Line Phase 1 Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 15 Resolution No. 18-__, Page 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 9TH DAY OF OCTOBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 15 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 15 Resolution No. 18-__, Page 4 EXHIBIT A Item 15 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) LEGAL DESCRIPTION Item 15 Resolution No. 18-__, Page 6 EXHIBIT B Item 15 Resolution No. 18-__, Page 7 EXHIBIT B (Continued) LEGAL DESCRIPTION Item 15 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.730 acres of Water Easement, and 0.564 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Lower Pressure Plane Water Supply Line. Water Easements are required for installation of the Town’s water line and Temporary Construction Easements are required during construction. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.730 acres of Water Easement, and 0.564 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.730 acres of Water Easement, and 0.564 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 17, in the Town of Prosper, Collin County, Texas, necessary for the Prosper is a place where everyone matters. ENGINEERING Item 16 Page 2 of 2 construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. This item requires a roll call vote. Item 16 95% SUBMITTAL ON D A T E : TE X A S N O : NO T F O R C O N S T R U C T I O N TH I S D O C U M E N T I S R E L E A S E D F O R T H E PU R P O S E O F I N T E R I M R E V I E W U N D E R T H E AU T H O R I T Y O F : IT I S N O T T O B E U S E D F O R C O N S T R U C T I O N , BI D D I N G O R P E R M I T P U R P O S E S . CL A Y T O N C . B A R N A R D P . E . 10 3 4 1 5 JU N E 2 0 1 8 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 1 Parcel 6 Parcel 22 Parcel 7 Parcel 9 Parcel 8 Parcel 10 Parcel 11 Parcel 12 Parcel 13 Parcel 14 Parcel 14 Parcel 15 Parcel 19 Parcel 20 Parcel 21 Item 16 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.730 ACRES OF LAND FOR WATER LINE EASEMENT AND 0.564 ACRES OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE LOWER PRESSURE PLANE WATER SUPPLY LINE PHASE 1 PROJECT, SAID PROPERTY LOCATED IN THE COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 5, TRACT 17, ABSTRACT NO. A0147, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THE TRACT OF LAND CONVEYED TO DEG REAL ESTATE, LLC, BY THE DEED RECORDED IN COUNTY CLERK’S FILE NO. 20170413000473710, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.730 acres water easement and 0.564 acres of temporary construction easement located in the Collin County School Land #12 Survey, Sheet 5, Tract 17, Abstract No. A0147, Collin County, Texas, and being a portion of the tract of land conveyed to DEG Real Estate, LLC, by the deed recorded in County Clerk’s File No. 20170413000473710, of the Official Public Records of Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibits A&B, which are attached hereto and incorporated herein for all purposes, is appropriate for use as the location of the Lower Pressure Plane Water Supply Line Phase 1 Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Water Supply Line Phase 1 Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 16 Resolution No. 18-__, Page 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 9TH DAY OF OCTOBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 16 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 16 Resolution No. 18-__, Page 4 EXHIBIT A Item 16 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) LEGAL DESCRIPTION Item 16 Resolution No. 18-__, Page 6 EXHIBIT B Item 16 Resolution No. 18-__, Page 7 EXHIBIT B (Continued) LEGAL DESCRIPTION Item 16 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.762 acres of Water Easement, and 0.484 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Lower Pressure Plane Water Supply Line. Water Easements are required for installation of the Town’s water line and Temporary Construction Easements are required during construction. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.762 acres of Water Easement, and 0.484 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.762 acres of Water Easement, and 0.484 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County, Texas, necessary for the Prosper is a place where everyone matters. ENGINEERING Item 17 Page 2 of 2 construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. This item requires a roll call vote. Item 17 95% SUBMITTAL ON D A T E : TE X A S N O : NO T F O R C O N S T R U C T I O N TH I S D O C U M E N T I S R E L E A S E D F O R T H E PU R P O S E O F I N T E R I M R E V I E W U N D E R T H E AU T H O R I T Y O F : IT I S N O T T O B E U S E D F O R C O N S T R U C T I O N , BI D D I N G O R P E R M I T P U R P O S E S . CL A Y T O N C . B A R N A R D P . E . 10 3 4 1 5 JU N E 2 0 1 8 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 1 Parcel 6 Parcel 22 Parcel 7 Parcel 9 Parcel 8 Parcel 10 Parcel 11 Parcel 12 Parcel 13 Parcel 14 Parcel 14 Parcel 15 Parcel 19 Parcel 20 Parcel 21 Item 17 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.762 ACRES OF LAND FOR WATER LINE EASEMENT AND 0.484 ACRES OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE LOWER PRESSURE PLANE WATER SUPPLY LINE PHASE 1 PROJECT, SAID PROPERTY LOCATED IN THE COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 5, TRACT 16, ABSTRACT NO. A0147, COLLIN COUNTY, TEXAS, AND BEING A PROTION OF THE TRACT OF LAND CONVEYED TO GODWIN INVESTMENTS, LTD, BY THE DEED RECORDED IN COUNTY CLERK’S FILE NO 20050087222, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.762 acres of water easement and 0.484 acres of temporary construction easement located in the Collin County School Land #12 Survey, Sheet 5, Tract 16, Abstract No. A0147, Collin County, Texas, and being a portion of the tract of land conveyed to Godwin Investments, LTD, by the deed recorded in County Clerk’s File No. 20050087222, of the Official Public Records of Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibits A&B, which are attached hereto and incorporated herein for all purposes, is appropriate for use as the location of the Lower Pressure Plane Water Supply Line Phase 1 Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Water Supply Line Phase 1 Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 17 Resolution No. 18-__, Page 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 9TH DAY OF OCTOBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 17 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 17 Resolution No. 18-__, Page 4 EXHIBIT A Item 17 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) LEGAL DESCRIPTION EXHIBIT B Item 17 Resolution No. 18-__, Page 6 EXHIBIT B (Continued) Item 17 Resolution No. 18-__, Page 7 LEGAL DESCRIPTION Item 17 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.221 acres of Water Easement, and 0.224 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Lower Pressure Plane Water Supply Line. Water Easements are required for installation of the Town’s water line and Temporary Construction Easements are required during construction. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.221 acres of Water Easement, and 0.224 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.221 acres of Water Easement, and 0.224 acres of Temporary Construction Easement situated generally in Abstract No. A0147 Collin County School Land #12 Survey, Sheet 5, Tract 16, in the Town of Prosper, Collin County, Texas, necessary for the Prosper is a place where everyone matters. ENGINEERING Item 18 Page 2 of 2 construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. This item requires a roll call vote. Item 18 95% SUBMITTAL ON D A T E : TE X A S N O : NO T F O R C O N S T R U C T I O N TH I S D O C U M E N T I S R E L E A S E D F O R T H E PU R P O S E O F I N T E R I M R E V I E W U N D E R T H E AU T H O R I T Y O F : IT I S N O T T O B E U S E D F O R C O N S T R U C T I O N , BI D D I N G O R P E R M I T P U R P O S E S . CL A Y T O N C . B A R N A R D P . E . 10 3 4 1 5 JU N E 2 0 1 8 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 1 Parcel 6 Parcel 22 Parcel 7 Parcel 9 Parcel 8 Parcel 10 Parcel 11 Parcel 12 Parcel 13 Parcel 14 Parcel 14 Parcel 15 Parcel 19 Parcel 20 Parcel 21 Item 18 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.221 ACRES OF LAND FOR WATER LINE EASEMENT AND 0.224 ACRES OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE LOWER PRESSURE PLANE WATER SUPPLY LINE PHASE 1 PROJECT, SAID PROPERTY LOCATED IN THE COLLIN COUNTY SCHOOL LAND #12 SURVEY, SHEET 5, TRACT 16, ABSTRACT NO. A0147, COLLIN COUNTY, TEXAS, AND BEING A PROTION OF THE TRACT OF LAND CONVEYED TO GODWIN INVESTMENTS, LTD, BY THE DEED RECORDED IN COUNTY CLERK’S FILE NO 20050087222, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.221 acres of water easement and 0.224 acres of temporary construction easement located in the Collin County School Land #12 Survey, Sheet 5, Tract 16, Abstract No. A0147, Collin County, Texas, and being a portion of the tract of land conveyed to Godwin Investments, LTD, by the deed recorded in County Clerk’s File No. 20050087222, of the Official Public Records of Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibits A&B, which are attached hereto and incorporated herein for all purposes, is appropriate for use as the location of the Lower Pressure Plane Water Supply Line Phase 1 Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Water Supply Line Phase 1 Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 18 Resolution No. 18-__, Page 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 9TH DAY OF OCTOBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 18 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 18 Resolution No. 18-__, Page 4 EXHIBIT A Item 18 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) LEGAL DESCRIPTION EXHIBIT B Item 18 Resolution No. 18-__, Page 6 EXHIBIT B (Continued) Item 18 Resolution No. 18-__, Page 7 LEGAL DESCRIPTION Item 18 Page 1 of 2 To: Mayor and Town Council From: Pete Anaya, P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – October 9, 2018 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.232 acres of Water Easement, and 0.822 acres of Temporary Construction Easement situated generally in Abstract No. A0086 Ed Bradley Survey, Tract 5, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Description of Agenda Item: The Town is in the process of developing engineering plans for the construction of the Lower Pressure Plane Water Supply Line. Water Easements are required for installation of the Town’s water line and Temporary Construction Easements are required during construction. The subject property is needed for both, and while negotiations are going well, staff is requesting advance authorization to pursue acquisition by eminent domain if needed. Attached Documents: 1. Resolution 2.Location map Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.232 acres of Water Easement, and 0.822 acres of Temporary Construction Easement situated generally in the Abstract No. A0086 Ed Bradley Survey, Tract 5, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. Prosper is a place where everyone matters. ENGINEERING Item 19 Page 2 of 2 Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.232 acres of Water Easement, and 0.822 acres of Temporary Construction Easement situated generally in the Abstract No. A0086 Ed Bradley Survey, Tract 5, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Lower Pressure Plane Water Supply Line Phase 1 Project and for other public purposes permitted by law. This item requires a roll call vote. Item 19 95% SUBMITTAL ON D A T E : TE X A S N O : NO T F O R C O N S T R U C T I O N TH I S D O C U M E N T I S R E L E A S E D F O R T H E PU R P O S E O F I N T E R I M R E V I E W U N D E R T H E AU T H O R I T Y O F : IT I S N O T T O B E U S E D F O R C O N S T R U C T I O N , BI D D I N G O R P E R M I T P U R P O S E S . CL A Y T O N C . B A R N A R D P . E . 10 3 4 1 5 JU N E 2 0 1 8 Parcel 1 Parcel 2 Parcel 3 Parcel 4 Parcel 5 Parcel 1 Parcel 6 Parcel 22 Parcel 7 Parcel 9 Parcel 8 Parcel 10 Parcel 11 Parcel 12 Parcel 13 Parcel 14 Parcel 14 Parcel 15 Parcel 19 Parcel 20 Parcel 21 Item 19 TOWN OF PROSPER, TEXAS RESOLUTION NO. 18-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 1.232 ACRES OF LAND FOR WATER LINE EASEMENT AND 0.822 ACRES OF LAND FOR TEMPORARY CONSTRUCTION EASEMENT FOR THE CONSTRUCTION OF THE LOWER PRESSURE PLANE WATER SUPPLY LINE PHASE 1 PROJECT, SAID PROPERTY LOCATED IN THE ED BRADLEY SURVEY, TRACT 5, ABSTRACT NO. A0086, COLLIN COUNTY, TEXAS, AND BEING A PORTION OF THE TRACT OF LAND CONVEYED TO CAROL TSAI, CHAO- LUN TSAI, GRACE TSAI HAGE, AND GRACE TSAI HAGE TRUST, BY THE DEED RECORDED IN COUNTY CLERK’S FILE NO. 20120217001602890, OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 1.232 acres of water easement and 0.822 acres of temporary construction easement located in the Ed Bradley Survey, Tract 5, Abstract No. A0086, Collin County, Texas, and being a portion of the tract of land conveyed to Carol Tsai, Chao-Lun Tsai, Grace Tsai Hage, and Grace Tsai Hage Trust, by the deed recorded in County Clerk’s File No. 20121217001602890, of the Official Public Records of Collin County, Texas (the “Property”), and more particularly described and depicted in Exhibits A&B, which are attached hereto and incorporated herein for all purposes, is appropriate for use as the location of the Lower Pressure Plane Water Supply Line Phase 1 Project (“Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of the Lower Pressure Plane Water Supply Line Phase 1 Project; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: Item 19 Resolution No. 18-__, Page 2 SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, BY A VOTE OF ___ TO ___ON THIS THE 9TH DAY OF OCTOBER, 2018. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary Item 19 Resolution No. 18-__, Page 3 APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 19 Resolution No. 18-__, Page 4 EXHIBIT A Item 19 Resolution No. 18-__, Page 5 EXHIBIT A (Continued) LEGAL DESCRIPTION Item 19 Resolution No. 18-__, Page 6 EXHIBIT B Item 19 Resolution No. 18-__, Page 7 EXHIBIT B (Continued) LEGAL DESCRIPTION Item 19