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04.11.17 Town Council Regular Meeting Packet Page 1 of 4 ] Prosper is a place where everyone matters. Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 1 Board of Directors Time: 6:00 p.m. 1. Call to Order/Roll Call. 2. Consider and act upon approving the minutes from the January 26, 2016, TIRZ No. 1 Board Meeting. 3. Receive the 2016 Annual Report. 4. Adjourn. Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 2 Board of Directors Time: Immediately following the Meeting of the TIRZ No. 1 Board of Directors 1. Call to Order/Roll Call. 2. Consider and act upon approving the minutes from the January 26, 2016, TIRZ No. 2 Board Meeting. 3. Receive the 2016 Annual Report. 4. Adjourn. Meeting of the Prosper Town Council Time: Immediately following the Meeting of the TIRZ No. 2 Board of Directors 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. AGENDA Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 1 Board of Directors Meeting of the Town of Prosper Tax Increment Reinvestment Zone (TIRZ) No. 2 Board of Directors Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, April 11, 2017 6:00 p.m. Page 2 of 4 3. Announcements of recent and upcoming events. 4. Presentations/Proclamations  Collin County Bond Presentation by Commissioner Susan Fletcher and Commissioner Duncan Webb. (RB)  Presentation of a Proclamation to members of the Prosper Police Department declaring April 9-15, 2017, as Telecommunicators Week. (RB)  Presentation of Life Saving Award to Sergeant Bryan Golden of the Prosper Police Department. (DK) 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – March 28, 2017 5b. Consider and act upon a resolution appointing members to the Town of Prosper Tax Increment Financing Reinvestment Zone (TIRZ) No. 1 Board of Directors. (RB) 5c. Consider and act upon a resolution appointing members to the Town of Prosper Tax Increment Financing Reinvestment Zone (TIRZ) No. 2 Board of Directors. (RB) 5d. Receive the February financial report. (KN) 5e. Consider and act upon a resolution suspending the effective date of Oncor Electric Delivery Company’s requested rate change to permit the Town to establish reasonable rates. (KN/HJ) 5f. Consider and act upon a resolution supporting US 380 as a future limited access roadway within the corporate limits of the Town of Prosper from FM 1385 to Custer Road (FM 2478). (HW) 5g. Consider and act upon an ordinance amending Section 12.09.003 "Speed Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the prima facie speed limits on certain streets. (HW) 5h. 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) Page 3 of 4 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 Center (Pinnacle Montessori), on 3.1± acres, located on the south side of future Richland Boulevard, 1,500± feet east of Coit Road. This property is zoned Planned Development-38 (PD-38). (S17-0001). (AG) 8. Conduct a Public Hearing, and consider and act upon a request to amend a portion of Planned Development-25 (PD-25), on 236.5± acres, in order to modify the residential architectural requirements, located on the east side of Coit Road, 800± feet south of First Street. (Z17-0001). (JW) 9. Conduct a Public Hearing, and consider and act upon an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance by providing for a variance process for certain private clubs in conjunction with a restaurant use. (Z17-0002). (JW) DEPARTMENT ITEMS: 10. Consider and act upon a Site Plan for a bank in the Shops at Prosper Trail (Bank of America), on 1.1± acres, located on the northeast corner of Preston Road and Prosper Trail. The property is zoned Planned Development-68 (PD-68). (D17-0005). (AG) 11. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Elevated Storage Tank project. (SG) 12. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Water Supply Line Phase 1 project. (SG) 13. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pump Station Expansion project. (SG) Page 4 of 4 14. Consider and act upon an amendment to the Budget/Capital Improvement Plan. (KN) 15. Discussion on proposed amendments to the Zoning Ordinance regarding guest houses, garage apartments, and accessory structures. (Z16-0014). (JW) 16. 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: 16a. Section 551.087 – To discuss and consider economic development incentives. 16b. 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. 16c. Section 551.074 – To discuss appointments to the Board of Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation Board, and Planning & Zoning Commission. 17. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 18. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Fire Station #2 as future polling location. (RB)  Town Hall Update. (HW) 19. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 6:00 p.m., on April 7, 2017, and remained so posted at least 72 hours before said meeting was convened. _______________________________ _________________________ Robyn Battle, Town Secretary Date Notice Removed Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult in closed session with its attorney and to receive legal advice regarding any item listed on this agenda. NOTICE Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with approval of a majority vote of the Town Council. NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569- 1011 at least 48 hours prior to the meeting time. ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:00 p.m. Board Members Present: Mayor Ray Smith Deputy Mayor Pro-Tem Curry Vogelsang, Jr. Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Mike Davis (arrived at 6:06 p.m.) Councilmember Jason Dixon David Bristol, Prosper Economic Development Corporation Vice-President Collin County Commissioner Susan Fletcher Board Members Absent: Mayor Pro-Tem Meigs Miller Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Leslie Scott, Library Director January Cook, Purchasing Agent 2. Receive the 2015 Annual Report. Hulon Webb, Executive Director of Development and Community Services, presented the annual report to the Board. 3. Adjourn. The meeting was adjourned at 6:07 p.m. on January 26, 2016. These minutes approved on the 11th day of April, 2017. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary MINUTES Meeting of the Town of Prosper Tax Increment Reinvestment Zone No. 1 Board of Directors Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 26, 2016 Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -1- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 (TIRZ #1) ANNUAL REPORT 2016 Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -2- INDEX 1) Cover 2) Index 3) Year End Summary of Meetings/Town Council/Board Actions 4) Public Infrastructure/Building Projects 5) Capital Improvement Plan Budget 6) Budget vs. Expenditures 7) TIRZ Fund 8) Annual Report Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -3- YEAR END SUMMARY OF MEETINGS/TOWN COUNCIL/BOARD ACTIONS In December 2015, the Town of Prosper Town Council appointed members for the first Tax Increment Reinvestment Zone #1 (TIRZ #1) Board of Directors. In the latter part of 2015 Blue Star Land commenced construction on its Gates of Prosper development at the northeast corner of US 380 and Preston Road with the installation of a large sanitary sewer line from the west, thus marking the first improvements made to the TIRZ #1 site. The first annual TIRZ Board of Directors meeting was held on January 26, 2016. During this reporting period, installation of needed infrastructure continues and the first buildings began construction on the property. On June 21, 2016, Wal-Mart started construction of its facility, followed by the Wal-Mart Fuel Center on July 14, 2016. Additional construction of the sanitary sewer line and completing the design of Richland Boulevard from Preston Road to Lovers Lane and Lovers Lane from US 380 to Preston Road mark the major infrastructure projects. The next annual TIRZ Board of Directors meeting is scheduled to be held on March 28, 2017. The Annual Report will be presented at this meeting to be considered and possibly approved by the Board. Board members appointed and currently serving are: Town—Mayor Ray Smith, Mayor Pro-Tem Curry Vogelsang, Jr., Deputy Mayor Pro-Tem Jason Dixon, and Councilmembers Michael Korbuly, Kenneth Dugger, Meigs Miller, and Mike Davis. Collin County – County Commissioner Susan Fletcher. Prosper Economic Development Corporation – Board Member David Bristol. Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -4- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -5- PUBLIC INFRASTRUCTURE / BUILDING PROJECTS Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -6- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -7- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -8- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -9- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -10- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -11- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -12- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -13- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -14- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -15- PUBLIC INFRASTRUCTURE/BUILDING PROJECTS Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -16- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -17- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -18- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -19- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -20- Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -21- CAPITAL IMPROVEMENT PLAN BUDGET Reimbursement Request No. 2 - June 1, 2016 Payee: Project: Purpose: Amount: Alliance Geotech MDB Sewer Materials Testing $ 3,685.20 Huitt Zollars, Inc. MDB Sewer Engineering & Surveying $ 22,061.57 Wright Construction MDB Sewer Construction $ 2,102,170.91 TOTAL MDB Sewer $ 2,127,917.68 Kimley Horn Richland & Lovers Engineering & Surveying $ 47,549.09 TOTAL Richland & Lovers $ 47,549.09 Alpha Testing Gates Phase 1 Testing – Detention Pond $ 10,547.08 Kimley Horn Gates Phase 1 Landscape Architecture $ 8,500.00 Mario Sinacola & Sons Gates Phase 1 Construction $ 526,130.22 TOTAL Gates Phase 1 $ 545,177.30 The Global Fence Lovers Lane Temporary Fence $ 3,355.75 TOTAL Lovers Lane $ 3,355.75 REIMBURSEMENT REQUEST NO. 2 $ 2,723,999.82 REIMBURSEMENT NO. 1 FY 2015 $4,110,750.63 INTEREST 3.5% $143,876.27 TOTAL NOW DUE $6,978,626.72 Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -22- TIRZ FUND Financial Statement CAPITAL DEBT PROJECTS SERVICE TOTAL Beginning Balance: October 1, 2015 ($7,500) $ 0 ($7,500) Revenues: Property Tax $ 0 $ 0 $ 0 Impact Fees: Water Impact Fees $18,627 0 $18,627 Wastewater Impact Fees $52,886 0 $52,886 Thoroughfare Impact Fees $512,298 0 $512,298 Interest $ 0 $ 0 $ 0 TOTAL REVENUES $ 583,811 $ 0 $ 583,811 Expenditures: Land Purchases $ 0 $ 0 $ 0 Professional Services $ 0 $ 0 $ 0 Construction/Improvements $ 0 $ 0 $ 0 TOTAL EXPENDITURES $ 0 $ 0 $ 0 Ending Balance: September 30, 2016 * $576,311 $ 0 $576,311 * Revenues reported as of September 30, 2016 is not reflected in the audited financial report. This will be reported as a prior period adjustment in the FY ending September 30, 2017 audited financial report. Town of Prosper, Texas Tax Increment Reinvestment Zone #1 As of September 30, 2016 Prosper TIRZ #1 Annual Report 2016 -23- ANNUAL FINANCIAL REPORT Chapter 311.016 of V.C.T.A. requires the following information as part of the annual report on the status of the TIRZ District. Information is contained in detail on the financial statement. 1. Amount and source of revenue in the tax increment fund established for the zone: $576,311 Total Revenue 2. Amount and purpose of expenditures from the fund: $0 Financing plan update. 3. Amount of Principal and Interest due on outstanding indebtedness is as follows: A. Contributions /Advances from developers— $6,978,626.72. B. Bonds issued and payment schedule to retire bonds— none. 4. Tax Increment base and current captured appraised value retained by the zone: Taxing Jurisdiction Net Taxable Value Fiscal Year 2015-2016 Base Year* Value (with AG) Jan. 1, 2008 Captured App. Value Fiscal Year 2015-2016 Town of Prosper $32,655,287 $4,507,850 $28,147,437 Collin County $32,655,287 $4,507,850 $28,147,437 5. Captured appraised value by the municipality and other taxing units, the total amount of the tax increment received, and any additional information necessary to demonstrate compliance with the tax increment-financing plan adopted by the governing body of the municipality. A. Captured appraised value shared by the municipality and other participating taxing jurisdictions received in Fiscal Year 2015-2016: Taxing Jurisdiction Participation Per $100/Value Amount of Fiscal Year 2015-2016 Increment Town of Prosper (70%) $ 0.520000 $ 102,457 Collin County (50%) $ 0.208395 $ 29,329 Total $ 0.728395 $ 131,786 B. Amount of tax increment received in 2016 from the municipality and the other taxing jurisdictions based on 2015 valuations: $ 0 C. Other information: None * Base Year Value as of January 1, 2008, is for Fiscal Year 2007-2008. ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. The meeting was called to order at 6:08 p.m. Board Members Present: Mayor Ray Smith Deputy Mayor Pro-Tem Curry Vogelsang, Jr. Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Mike Davis (arrived at 6:06 p.m.) Councilmember Jason Dixon David Bristol, Prosper Economic Development Corporation Vice-President Collin County Commissioner Susan Fletcher Board Members Absent: Mayor Pro-Tem Meigs Miller Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Leslie Scott, Library Director January Cook, Purchasing Agent 2. Receive the 2015 Annual Report. Hulon Webb, Executive Director of Development and Community Services, presented the annual report to the Board. 3. Adjourn. The meeting was adjourned at 6:13 p.m. on January 26, 2016. These minutes approved on the 11th day of April 2017. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary MINUTES Meeting of the Town of Prosper Tax Increment Reinvestment Zone No. 2 Board of Directors Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, January 26, 2016 Prosper TIRZ #2 Annual Report 2016 -1- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 (TIRZ #2) ANNUAL REPORT 2016 Prosper TIRZ #2 Annual Report 2016 -2- INDEX 1) Cover 2) Index 3) Year End Summary of Meetings/Town Council/Board Actions 4) Public Infrastructure/Building Projects 5) Capital Improvement Plan Budget 6) Budget vs. Expenditures 7) TIRZ Fund 8) Annual Report Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -3- YEAR END SUMMARY OF MEETINGS/TOWN COUNCIL/BOARD ACTIONS In December 2015, the Town of Prosper Town Council appointed members for the first Tax Increment Reinvestment Zone #2 (TIRZ #2) Board of Directors. In the latter part of 2015 Matthews Southwest commenced construction on its Prosper West development at the northwest corner of US 380 and Dallas North Tollway with the installation of a large sanitary sewer line from the west, thus marking the first improvements made to the TIRZ #2 site. The first annual TIRZ Board of Directors meeting was held on January 26, 2016. During this reporting period, installation of needed infrastructure continues and the first building began construction on the property. On December 10, 2015, Texas Health Resources started construction of its facility. Additional construction of the sanitary sewer line, completing the design of Mahard Parkway as well as beginning the construction from US 380 to Texas Health Resources mark the major infrastructure projects. The next annual TIRZ Board of Directors meeting is scheduled to be held on March 28, 2017. The Annual Report will be presented at this meeting to be considered and possibly approved by the Board. Board members appointed and currently serving are: Town—Mayor Ray Smith, Mayor Pro-Tem Curry Vogelsang, Jr., Deputy Mayor Pro-Tem Jason Dixon, and Councilmembers Michael Korbuly, Kenneth Dugger, Meigs Miller, and Mike Davis. Collin County – County Commissioner Susan Fletcher. Prosper Economic Development Corporation – Board Member David Bristol. Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -4- PUBLIC INFRASTRUCTURE / BUILDING PROJECTS Nonproject Costs Total TIRZ for Public Improvements Public Improvements STREETS AND DRAINAGE SYSTEMS $11, 146,567 $2,001,748 $13,148,315 STREET ENHANCEMENTS $0 $1,775,577 $1,775,577 WATER SYSTEM $1,367,721 $1,116,778 $2,484,499 SANITARY SEWER SYSTEM $641,669 $358,204 $999,873 OFFSITE SANITARY SEWER SYSTEM $1,479,282 $0 $1,479,282 DETENTION/RETENTION PONDS & MASS EXCAVATION $0 $2,882,560 $2,882,560 SITEWORK FOR DEVELOPMENT PARCELS $0 $15,750,000 $15,750,000 PARKING DECKS $0 $73,497,600 $73,497,600 STREET LIGHTS $174,000 $210,000 $384,000 TRAFFIC SIGNALS (4 budgeted) $1,200,000 $0 $1,200,000 LOVERS LANE LOOP OFFSITE - STREET K6 $1, 174,992 $0 $1,174,992 PRIMARY ELECTRIC SERVICE LOOP $0 $3,600,000 $3,600,000 ELECTRIC $0 $640,150 $640,150 GAS $0 $448, 105 $448,105 STREET N2 - WESTSIDE ONT SERVICE ROAD, LOVERS LN. TO FIRST ST. $1,687,005 $0 $1,687,005 BRAIDED RAMP AT U.S. 380 $4,000,000 $0 $4,000,000 CIVIL ENGINEERING & SURVEYING (10%) $1,887, 124 $10,228,072 $12,115,196 CONSTRUCTION STAKING (2%) $377,425 $2,045,614 $2,423,039 CONSTRUCTION MANAGEMENT (TOTAL = 3%) $477,093 $3,157,466 $3,634,559 GEOTECHNICAL STUDY (1%) $188,712 $1,022,807 $1,211,520 LEGAL (1%) $188,712 $1,022,807 $1,211,520 CONTINGENCY (8%) $1,509,699 $8, 182,458 $9,692,157 1subtotal $27,500,000 $127,939,947 $155,439,947 TOWN EXPENSE FOR TIRZ ADMINISTRATION $1,346,836 $0 $1,346,836 Subtotal TIRZ Project Costs Before Finance Expenses $28,846,837 $127,939,947 $156,786,783 Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -5- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -6- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -7- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -8- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -9- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -10- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -11- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -12- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -13- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -14- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -15- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -16- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -17- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -18- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -19- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -20- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -21- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -22- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -23- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -24- Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -25- CAPITAL IMPROVEMENT PLAN BUDGET YE 2015 Expenditure – For Reimbursement No. 1 (Provided in FY 2015 Annual Report with note to be further evaluated in Reimbursement Request June 1, 2016) Payee: Project: Purpose: Amount: Alpha Testing Lower DB Sewer Geotech Investigation $ 10,900.00 Jones & Carter Lower DB Sewer Engineering & Surveying $ 88,407.60 Southwest Erosion Lower DB Sewer Erosion Control $ 13,945.25 CM Lower DB Sewer Construction Management $ 7,386.18 Meade Lower DB Sewer $ 675.00 Lewis Construction Lower DB Sewer Construction $ 281,502.00 Legal Lower DB Sewer $ 9,382.50 TOTAL Lower DB Sewer $ 412,198.53 Sanchez Mahard Parkway Engineering & Surveying $ 102,473.60 TOTAL Mahard Parkway $ 102,473.60 TOTAL YE 2015 Expenditures $ 514,672.13 REVISED YE 2015 Expenditure – For Reimbursement No. 1 Payee: Project: Purpose: Amount: Alpha Testing Lower DB Sewer Geotech Investigation $ 5,640.00 Jones & Carter Lower DB Sewer Engineering & Surveying $ 80,322.60 Legal Lower DB Sewer $ 9,382.50 TOTAL Lower DB Sewer $ 95,345.10 Sanchez Mahard Parkway Engineering & Surveying $ 90,262.15 JBI Mahard Parkway Engineering & Surveying $ 15,142.70 TOTAL Mahard Parkway $ 105,404.85 REVISED TOTAL YE 2015 Expenditures $ 200,749.95 Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -26- CAPITAL IMPROVEMENT PLAN BUDGET Reimbursement Request No. 2 - June 1, 2016 Payee: Project: Purpose: Amount: Alpha Testing Lower DB Sewer Geotech Investigation $ 12,398.00 Southwest Erosion Lower DB Sewer Erosion Control $ 13,945.75 Haney Construction Lower DB Sewer Construction Management $ 27,382.58 Meade Lower DB Sewer $ 2,400.00 Lewis Construction Lower DB Sewer Construction $ 1,008,424.40 TOTAL Lower DB Sewer $ 1,064,550.73 Sanchez Mahard Parkway Engineering & Surveying $ 5,153.75 Kadleck & Associates Mahard Parkway Street & Drainage System $ 4,860.00 Pavecon Mahard Parkway Street & Drainage System $ 72,933.71 TOTAL Mahard Parkway $ 82,947.46 REIMBURSEMENT REQUEST NO. 2 $ 1,147,498.19 REIMBURSEMENT NO. 1 FY 2015 $200,749.95 INTEREST 3.5% $7,026.25 TOTAL NOW DUE $ 1,355,274.39 Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -27- TIRZ FUND Financial Statement CAPITAL DEBT PROJECTS SERVICE TOTAL Beginning Balance: October 1, 2015 $ 0 $ 0 $ 0 Revenues: Property Tax $ 0 $ 0 $ 0 380 Impact Fees: Thoroughfare Impact Fees $178,628.50 $0 $178,628.50 Interest $0 $ 0 $ 0 TOTAL REVENUES $ 178,628.50 $ 0 $ 178,628.50 Expenditures: Land Purchases $ 0 $ 0 $ 0 Professional Services $ 0 $ 0 $ 0 Construction/Improvements $ 0 $ 0 $ 0 TOTAL EXPENDITURES $ 0 $ 0 $ 0 Ending Balance: September 30, 2016* $ 178,628.50 $ 0 $ 178,628.50 Texas Health Resources (Thoroughfare Impact Fee) = $357,257 Per the terms of the agreement, 50% to be allocated to the 380 Impact Fee Revenues account. In 2016, $178,628.50 was transferred into the 380 Impact Fee Revenues account. * Revenues reported as of September 30, 2016 is not reflected in the audited financial report. This will be reported as a prior period adjustment in the FY ending September 30, 2017 audited financial report. Town of Prosper, Texas Tax Increment Reinvestment Zone #2 As of September 30, 2016 Prosper TIRZ #2 Annual Report 2016 -28- ANNUAL FINANCIAL REPORT Chapter 311.016 of V.C.T.A. requires the following information as part of the annual report on the status of the TIRZ District. Information is contained in detail on the financial statement. 1. Amount and source of revenue in the tax increment fund established for the zone: $178.628.50 Total Revenue 2. Amount and purpose of expenditures from the fund: $0 Total Expenditures 3. Amount of Principal and Interest due on outstanding indebtedness is as follows: A. Contributions /Advances from developers— $1,355,274.39 B. Bonds issued and payment schedule to retire bonds— none. 4. Tax Increment base and current captured appraised value retained by the zone: Taxing Jurisdiction Net Taxable Value Fiscal Year 2015-2016 Base Year* Value (with AG) Jan. 1, 2014 Captured App. Value Fiscal Year 2014 - 2015 Town of Prosper $24,786 $29,413 $ 0 Collin County $24,786 $29,413 $ 0 5. Captured appraised value by the municipality and other taxing units, the total amount of the tax increment received, and any additional information necessary to demonstrate compliance with the tax increment financing plan adopted by the governing body of the municipality. A. Captured appraised value shared by the municipality and other participating taxing jurisdictions received in Fiscal Year 2014-2015: Taxing Jurisdiction Participation Per $100/Value Amount of Fiscal Year 2014-2015 Increment Town of Prosper (70%) $ 0.520000 $ 0 Collin County (50%) $ 0.208395 $ 0 Total $ 0.728395 $ 0 B. Amount of tax increment received in 2016 from the municipality and the other taxing jurisdictions based on 2015 valuations: $ 0 C. Other information: None * Base Year Value as of January 1, 2013, is for Fiscal Year 2012-2013. Page 1 of 6 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order at 6:00 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Council Members Absent: Councilmember Mike Davis Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Senior Planner Steve Glass, Deputy Director of Engineering Services Dudley Raymond, Parks & Recreation Director Kelly Neal, Finance Director 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Pastor John Fowler of 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 Korbuly read the following announcements: This week is the last week to register for the "It's Time Texas Community Challenge." Prosper is in a race for first place as the Healthiest Small Community in Texas, and there is still time to get involved. To show your support and earn points for Prosper, please register at www.ITTCommunityChallenge.com. The winning community will receive an $1,800 grant for healthy school initiatives. The contest ends on March 31. The North Texas Municipal Water District is conducting annual maintenance on the Town’s water system through April 10. During this time, residents may detect a slight difference in the taste and smell of the water. The maintenance work does not affect the purity or usability of the Town’s water supply. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, March 28, 2017 Item 5a Page 2 of 6 The 6th Annual Prosper Spring Clean Up was held this past Saturday, March 18, and was a huge success. The amount of trash and recycled materials exceeded last year’s collections. A total of 494 vehicles passed through the collection points. Over 52 tons of trash, recyclables, furniture, and household items were collected, as well as 131 pairs of eyeglasses. Thanks to everyone who participated and volunteered at this event. On Wednesday March 29, the Town's contractor, PCI Contracting, will begin repair of road subgrade failures on some of the Town's most traveled asphalt roadways. They will begin on Prosper Trail between Coit Road and Custer Road, then move to Frontier Parkway in front of the west entrance of Frontier Park, then complete sections on First Street between the Dallas Parkway and BNSF Railroad. During this time, there will be a rolling lane closure between the hours of 9am to 4pm. Minor delays should be expected during construction. Work should be completed within a week, weather permitting. Registration is now open for Prosper’s Spring recreation programs. Sign up at www.ProsperParksandRec.org. Councilmember Korbuly congratulated the Prosper High School girls and boys soccer teams on winning their bi-district championships. 4. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 4a. Consider and act upon minutes from the following Town Council meeting. (RB)  Regular Meeting – March 14, 2017 4b. Consider and act upon Resolution No. 17-21 amending Section 3.(c) of the Prosper Economic Development Corporation bylaws. (KN) 4c. Consider and act upon authorizing the Town Manager to execute a Professional Services Agreement between RPGA Design Group, Inc., and the Town of Prosper, Texas, related to conducting a needs assessment for the Public Safety Facility project. (DK) 4d. Consider and act upon Ordinance No. 17-22 repealing and replacing Article 4.06, “Wrecker Services,” of Chapter 4, “Business Regulations,” of the Code of Ordinances related to towing services. (DK) 4f. Consider and act upon Resolution No. 17-24 of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 1.93 acres of real property, situated generally in the Collin County School #12 Land Survey, Abstract 147, in the Town of Prosper, Collin County, Texas, necessary for the construction of the Old Town Regional Detention/Retention project, and for other public purposes permitted by law. (SG) Item 5a Page 3 of 6 4g. Consider and act upon Resolution No. 17-25 of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.215 acres of real property, situated generally in the Bryants First Addition, Block 7, in the Town of Prosper, Collin County, Texas, necessary for the construction of the First Street project and for other public purposes permitted by law. (SG) 4h. 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) Deputy Mayor Pro-Tem Dixon removed Item 4e from the Consent Agenda. Councilmember Dugger made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 6-0. 4e. Consider and act upon and ordinance amending Subsection 3 of Section 4.09.004, “Permit Requirements; Additional Regulations,” and Subsection (a) of Section 4.09.007, “Fees,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances, related to the provision of off-duty police officers for traffic control and related activities, and deposit requirements for special events on private property. (DK) Development Services Director responded to the Council’s question regarding seasonal sales for retail establishments. He confirmed that the proposed ordinance will not change the existing provisions for retail establishments. Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 17-23 amending Subsection 3 of Section 4.09.004, “Permit Requirements; Additional Regulations,” and Subsection (a) of Section 4.09.007, “Fees,” of Article 4.09, “Special Events and Temporary Outdoor Seasonal Sales,” of Chapter 4, “Business Regulations,” of the Code of Ordinances, related to the provision of off-duty police officers for traffic control and related activities, and deposit requirements for special events on private property. The motion was approved by a vote of 6-0. 5. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Pastor John Herring of First Baptist Church of Prosper introduced Eagle Scout Candidate Aiden Stevens. Aiden is attending tonight’s meeting to complete his final merit badge prior to receiving his Eagle Scout award. Item 5a Page 4 of 6 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: 6. Conduct a Public Hearing, and consider and act upon a request for a Variance to the Sign Ordinance, regarding a model home monument sign, for Grenadier Homes, located on the southeast corner of Redstem Drive and Pavonia Lane (4281 Pavonia Lane). (V17-0002). (AG) Senior Planner Alex Glushko presented this item before the Town Council. The request will allow for a reduced setback for a model home monument sign in the Windsong Ranch townhome development. Once the model home is converted into a residence, the monument sign will be required to be removed. Mayor Smith opened the Public Hearing. Anthony Natali of Grenadier Homes did not speak, but offered to answer any questions by the Council. With no one else speaking, Mayor Smith closed the Public Hearing. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to approve a Variance to the Sign Ordinance, to allow for a decreased setback for a model home monument sign, for Grenadier Homes, located on the southeast corner of Redstem Drive and Pavonia Lane (4281 Pavonia Lane). The motion was approved by a vote of 6- 0. DEPARTMENT ITEMS: 7. Consider and act upon approving a recommendation from the Prosper Youth Sports Commission (PYSC) on the proposed multipurpose fields striping for the Frontier Park North Field Improvements project. (DR) Parks and Recreation Director Dudley Raymond presented this item before the Town Council. At the February 14, 2017, Town Council meeting, the Council directed Town staff to obtain a recommendation from the Prosper Youth Sports Commission (PYSC) regarding field striping for the two multipurpose fields at Frontier Park North. PYSC made the following recommendations:  Soccer will have 120-yard outside yellow lines and interior yellow lines; there will not be a penalty arc on the top of the penalty area.  Lacrosse will have 110-yard outside “Carolina Blue” lines and interior “Carolina Blue” lines.  Fields will have a “Carolina Blue” line along the sidelines on the inside and a yellow line along the sidelines on the outside. Item 5a Page 5 of 6 Football will be striped for a standard 100-yard playing field with end zones and white line striping. Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Korbuly seconded the motion to approve a recommendation from the Prosper Youth Sports Commission (PYSC) on the proposed multipurpose fields striping for the Frontier Park North Field Improvements project. The motion was approved by a vote of 6-0. 8. 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: 8a. Section 551.087 – To discuss and consider economic development incentives. 8b. 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. 8c. Section 551.071 – Consultation with the Town Attorney regarding possible litigation regarding bond issues, and all matters incident and related thereto. The Town Council recessed into Executive Session at 6:23 p.m. 9. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 7:42 p.m. Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion to authorize the Town Attorney to initiate any appropriate litigation relative to roadway, bonding, and related construction issues in West Prosper and to take any actions related thereto. The motion was approved by a vote of 6-0. 10. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Speed Limits on Town Roadways. (HW) Hulon Webb, Executive Director of Development and Community Services, briefed the Council on this item. Town staff received direction to increase the speed limit to 45mph on major thoroughfares, in order to remain consistent with other roadways throughout the Town. Prosper Trail from Preston Road to Coleman Street should remain at 40mph, and First Street from Preston Road to the railroad tracks should remain at 30 mph. A proposed ordinance will be brought forward for Council consideration at a future meeting.  Town Hall Brick and Mortar Selection. (HW) Hulon Webb briefed the Council on this item. A brick sample previously selected by the Town Hall design committee is on display at the Town Hall site. Council provided direction for staff to obtain an additional sample similar to what was used at Frontier Item 5a Page 6 of 6 Park, and to confirm the information previously given by Randall Scott Architects on brick size. Town staff will notify Council when the additional brick sample is placed at the Town Hall site.  Residential Design Standards. (JW) Development Services Director John Webb briefed the Council on this item. He provided photos of alternative materials used on attic spaces. He recommended revising the current ordinances to better define attic spaces compared to an additional story on a home. A proposed ordinance will be brought forward for Council consideration at a future meeting. 11. Adjourn. The meeting was adjourned at 8:09 p.m. on Tuesday, March 28, 2017. These minutes approved on the 11th day of April, 2017. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Page 1 of 2 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon a resolution appointing members to the Prosper Tax Increment Financing Reinvestment Zone No. 1 Board of Directors. Description of Agenda Item: On October 28, 2008, the Town Council adopted Ordinance No. 08-103 designating Prosper Tax Increment Financing Reinvestment Zone No. 1, and establishing a Board of Directors. Members are appointed to serve two-year staggered terms. The Town Council is responsible for reappointing members to the Board upon the expiration of their terms. Places 2, 4, 6, and 8, have terms ending on December 31, 2017. These places are currently held by the following individuals: Place 2: Prosper Town Council Member, Place 2 Term Expiration: December 31, 2017 Place 4: Prosper Town Council Member, Place 4 Term Expiration: December 31, 2017 Place 6: Prosper Town Council Member, Place 6 Term Expiration: December 31, 2017 Place 8: David Bristol, PEDC Board Member Term Expiration: December 31, 2017 Terms for places 1, 3, 5, 7, and 9, expired on December 31, 2016. Collin County Commissioner Susan Fletcher, currently serving in Place 9, has agreed to continue her service on this Board. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard resolution as to form and legality. Attached Documents: 1.Resolution Staff Recommendation: Town staff recommends the Town Council approve a resolution appointing the following individuals to the Board of Directors of Prosper Tax Increment Financing Reinvestment Zone No. 1, with a term expiration date of December 31, 2018: Prosper is a place where everyone matters. TOWN SECRETARY’S OFFICE Item 5b Page 2 of 2 Place 1: Prosper Town Council Member, Place 1 Place 3: Prosper Town Council Member, Place 3 Place 5: Prosper Town Council Member, Place 5 Place 7: Mayor, Town of Prosper Place 9: Collin County Commissioner Susan Fletcher Proposed Motion: I make a motion to approve a resolution appointing the following individuals to the Board of Directors of Prosper Tax Increment Financing Reinvestment Zone No. 1, with a term expiration date of December 31, 2018: Place 1: Prosper Town Council Member, Place 1 Place 3: Prosper Town Council Member, Place 3 Place 5: Prosper Town Council Member, Place 5 Place 7: Mayor, Town of Prosper Place 9: Collin County Commissioner Susan Fletcher Item 5b TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE PROSPER TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 1; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council has designated Prosper Tax Increment Financing Reinvestment Zone No. 1 and appointed the initial Board of Directors; and WHEREAS, the Town Council desires to appoint successor directors to the Board of Directors whose terms of office have expired. Members of the Board of Directors are appointed to two-year, staggered terms. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The following individuals are appointed to the respective places of the Board of Directors of Prosper Tax Increment Financing Reinvestment Zone No. 1, beginning on January 1, 2017, and ending on December 31, 2018. Place 1: Prosper Town Council Member, Place 1 Term Expiration: December 31, 2018 Place 3: Prosper Town Council Member, Place 3 Term Expiration: December 31, 2018 Place 5: Prosper Town Council Member, Place 5 Term Expiration: December 31, 2018 Place 7: Mayor, Town of Prosper Term Expiration: December 31, 2018 Place 9: County Commissioner Susan Fletcher Term Expiration: December 31, 2018 Collin County Administration Building 2300 Bloomdale Road, Suite 4192 McKinney, TX 75071 (972) 424-1460 ext. 4631 SECTION 2 This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 11TH DAY OF APRIL , 2017 APPROVED: ________________________________ Ray Smith, Mayor Item 5b Resolution No. 17-__, Page 2 ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 5b Page 1 of 2 To: Mayor and Town Council From: Robyn Battle, Town Secretary Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon a resolution appointing members to the Prosper Tax Increment Financing Reinvestment Zone No. 2 Board of Directors. Description of Agenda Item: On January 22, 2013, the Town Council adopted Ordinance No. 13-04 designating Prosper Tax Increment Financing Reinvestment Zone No. 2, and establishing a Board of Directors. Members are appointed to serve two-year staggered terms. The Town Council is responsible for reappointing members to the Board upon the expiration of their terms. Places 2, 4, 6, and 8, have terms ending on December 31, 2017. These places are currently held by the following individuals: Place 2: Prosper Town Council Member, Place 2 Term Expiration: December 31, 2017 Place 4: Prosper Town Council Member, Place 4 Term Expiration: December 31, 2017 Place 6: Prosper Town Council Member, Place 6 Term Expiration: December 31, 2017 Place 8: David Bristol, PEDC Board Member Term Expiration: December 31, 2017 Terms for places 1, 3, 5, 7, and 9, expired on December 31, 2016. Collin County Commissioner Susan Fletcher, currently serving in Place 9, has agreed to continue her service on this Board. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard resolution as to form and legality. Attached Documents: 1.Resolution Staff Recommendation: Town staff recommends the Town Council approve a resolution appointing the following individuals to the Board of Directors of Prosper Tax Increment Financing Reinvestment Zone No. 2, with a term expiration date of December 31, 2018: Prosper is a place where everyone matters. TOWN SECRETARY’S OFFICE Item 5c Page 2 of 2 Place 1: Prosper Town Council Member, Place 1 Place 3: Prosper Town Council Member, Place 3 Place 5: Prosper Town Council Member, Place 5 Place 7: Mayor, Town of Prosper Place 9: Collin County Commissioner Susan Fletcher Proposed Motion: I make a motion to approve a resolution appointing the following individuals to the Board of Directors of Prosper Tax Increment Financing Reinvestment Zone No. 2, with a term expiration date of December 31, 2018: Place 1: Prosper Town Council Member, Place 1 Place 3: Prosper Town Council Member, Place 3 Place 5: Prosper Town Council Member, Place 5 Place 7: Mayor, Town of Prosper Place 9: Collin County Commissioner Susan Fletcher Item 5c TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, APPOINTING THE BOARD OF DIRECTORS OF THE PROSPER TAX INCREMENT FINANCING REINVESTMENT ZONE NO. 2; MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council has designated Prosper Tax Increment Financing Reinvestment Zone No. 2 and appointed the initial Board of Directors; and WHEREAS, the Town Council desires to appoint successor directors to the Board of Directors whose terms of office have expired. Members of the Board of Directors are appointed to two-year, staggered terms. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The following individuals are appointed to the respective places of the Board of Directors of Prosper Tax Increment Financing Reinvestment Zone No. 2, beginning on January 1, 2017, and ending on December 31, 2018. Place 1: Prosper Town Council Member, Place 1 Term Expiration: December 31, 2018 Place 3: Prosper Town Council Member, Place 3 Term Expiration: December 31, 2018 Place 5: Prosper Town Council Member, Place 5 Term Expiration: December 31, 2018 Place 7: Mayor, Town of Prosper Term Expiration: December 31, 2018 Place 9: County Commissioner Susan Fletcher Term Expiration: December 31, 2018 Collin County Administration Building 2300 Bloomdale Road, Suite 4192 McKinney, TX 75071 (972) 424-1460 ext. 4631 SECTION 2 This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS ON THIS 11TH DAY OF APRIL , 2017 APPROVED: ________________________________ Ray Smith, Mayor Item 5c Resolution No. 17-__, Page 2 ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 5c Prosper is a place where everyone matters. MONTHLY FINANCIAL REPORT as of February 28, 2017 Budgetary Basis Prepared by Finance Department April 11, 2017 Item 5d TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT FEBRUARY 2017 Table of Contents Dashboard Charts 1 - 3 General Fund 4 Water-Sewer Fund 5 Debt Service Fund 6 Internal Service Fund 7 Vehicle and Equipment Replacement Fund 8 Storm Drainage Utility Fund 9 Park Dedication and Improvement Fund 10 TIRZ #1 - Blue Star Fund 11 TIRZ #2 - Matthews Southwest 12 Water Impact Fees Fund 13 Wastewater Impact Fees Fund 14 Thoroughfare Impact Fees Fund 15 Special Revenue Fund 16 Capital Projects Fund-General 17 Capital Projects Fund-Water/Sewer 18 Detail All Funds 19 Item 5d 1 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 100,000 200,000 300,000 400,000 500,000 600,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 14/15 FY15/16 FY 16/17 Item 5d 2 $22.261 $9.275 $6.907 $21.609 $9.004 $14.478 $- $5 $10 $15 $20 $25 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures $14.820 $6.175 $5.880 $14.252 $5.938 $5.172 $- $2 $4 $6 $8 $10 $12 $14 $16 Total Budget YTD Budget YTD Actual In Millions Water -Sewer Fund Revenues and Expenditures Revenues Expenditures Item 5d 3 Prosper is a place where everyone matters. GENERAL FUND AT A GLANCE %% Year Passed Resources 41.67% Revenues 67.00% Other Resources-Beginning Fund Balance 100.00% Uses 41.67% Expenditures 31.03% Ending Fund Balance 100.00% Resources Over (Under) Uses UTILITY FUNDS AT A GLANCE %% Year Passed Resources 41.67% Revenues 36.43% Other Resources-Beginning Fund Balance 100.00% Uses 41.67% Expenditures 40.18% Ending Fund Balance 100.00% Resources Over (Under) Uses OTHER MAJOR IMPACT FEE FUNDS AT A GLANCE %% Year Passed Resources 41.67% Revenues 33.60% Other Resources-Beginning Fund Balance 100.00% Uses 41.67% Expenditures 24.56% Ending Fund Balance 100.00% Resources Over (Under) Uses Category Budget YTD Actual $21,609,381 $7,407,101 $14,477,795 $7,407,101 $0 Category Budget YTD Actual $6,755,666$6,755,666 $6,907,435$22,260,816 $8,221,795 $14,597,852 $5,318,097 $5,117,672 $5,117,672 $15,220,592 $6,115,063 $4,494,932 $4,494,932 $0 -$174,226 Category Budget YTD Actual $9,293,730 $3,122,908 $15,262,701 $15,262,701 $0 $5,693,089 $15,726,045 $3,862,134 $8,830,386 $8,830,386 Town of Prosper Monthly Financial Report FY 2016/2017 Through the Month Ended February 2017 Unaudited -Intended for Management Purposes Only The following is a summary of the Town's financial results for operating funds. This information is summarized from financial statements for the monthly period that ended February 2017. Item 5d 4 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% GENERAL FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 10,003,217$ (490,682)$ 10,493,899$ 9,978,438$ -$ 9,978,438$ 95%1 8,053,373$ 24% Sales Taxes 4,230,600 (402,591) 4,633,191 2,017,002 - 2,017,002 44%1,614,871 25% Franchise Fees 739,400 - 739,400 198,408 - 198,408 27%2 140,489 41% Building Permits 2,656,400 (84,904) 2,741,304 1,000,423 - 1,000,423 36%3 1,153,421 -13% Fines 385,000 - 385,000 163,766 - 163,766 43%145,716 12% Other 2,571,587 2,001,354 2,616,587 1,119,757 - 1,119,757 43%1,204,678 -7% Total Revenues 20,586,204$ 1,023,177$ 21,609,381$ 14,477,795$ -$ 14,477,795$ 67%12,312,548$ 18% EXPENDITURES Administration 3,712,721$ 7,720$ 3,720,441$ 1,545,865$ 279,732$ 1,894,844$ 49%4 1,218,701$ 27% Police 3,836,484 217,193 4,053,677 544,156 137,417 3,372,104 17%1,018,553 -47% Fire/EMS 4,733,929 303,622 5,037,551 1,606,270 114,646 3,316,635 34%1,240,224 30% Public Works 3,470,908 52,345 3,523,253 1,164,170 118,619 2,240,464 36%619,820 88% Community Services 2,728,045 66,872 2,794,917 821,032 207,589 1,766,295 37%695,840 18% Development Services 2,218,078 74,067 2,292,145 917,481 194,779 1,179,885 49%5 685,026 34% Engineering 829,967 8,865 838,832 308,462 - 530,371 37%258,379 19% Total Expenses 21,530,132$ 730,684$ 22,260,816$ 6,907,435$ 1,052,783$ 14,300,598$ 36%5,736,542$ 20% REVENUE OVER (UNDER) EXPENDITURES (943,928)$ 292,493$ (651,435)$ 7,570,360$ 6,576,006$ Beginning Fund Balance October 1-Unassigned/Unrestricted 7,407,101$ 7,407,101$ 5,284,611$ Ending Fund Balance 6,755,666$ 14,977,461$ 11,860,617$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Franchise use fees are collected quarterly and annually. The first quarter payments was received in January. Budget is based on 5 months not quarterly. 3 issued for Adara Windsong Ranch Apartments this time last year. 4 YTD expenditures are in line with budget. Encumbrances are for professional/contract services for the remainder of the year. 5 Development Services reflects a negative encumbrance. Finance posts expenditures in the month incurred not the month the PO was approved, created, and paid to the vendor. Posting of expenditures when incurred, not paid, is a true reflection to compare with YTD budgets. Building permits reflects a decline from prior month and this time last year. This is mainly due to 30 building permits Item 5d 5 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% WATER-SEWER FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Public Works Revenues 11,722,007$ (989,054)$ 12,711,061$ 4,616,608$ -$ 8,094,453$ 36%1 4,128,088$ 12% Administration Revenues 1,616,729 (75,563) 1,541,166 555,656 - 985,510 36%2 520,311 7% Total Revenues 13,338,736$ (1,064,617)$ 14,252,227$ 5,172,263$ -$ 9,079,964$ 36%4,648,399$ 11% EXPENDITURES Public Works 5,156,269$ 174,906$ 5,331,175$ 1,971,924$ 193,510$ 3,165,742$ 41%1,369,201$ 44% Water Purchases 2,748,305 953,054 3,701,359 1,416,663 - 2,284,696 38%720,100 97% Administration 5,880,578 (92,839) 5,787,739 2,491,800 13,400 3,282,539 43%3 2,168,961 15% Total Expenses 13,785,152$ 1,035,122$ 14,820,274$ 5,880,387$ 206,910$ 8,732,978$ 41%4,258,262$ 38% REVENUE OVER (UNDER) EXPENDITURES (446,416)$ (2,099,739)$ (568,047)$ (708,123)$ 390,137$ Beginning Working Capital October 1 4,830,010 4,830,010 4,856,972 Ending Working Capital 4,261,963$ 4,121,887$ 5,247,109$ Notes 1 Public Works budgeted revenue reflects a recent budget amendment that will be collected in revenue during the peaks months of summer. 2 Administration revenues are slightly lower than projected monthly budgeted revenue for Solid Waste charges. 3 Administration expenditures reflect the principal and interest payments for bonds. Average Monthly Average Cumulative October 9.6%9.6% Feb-17 Feb-16 Growth % November 7.6%17.2% WATER SEWER WATER SEWER Change December 5.3%22.5% # of Accts Residential 6,306 5,651 5,236 4,582 21.79%January 4.1%26.6% #of Accts Commercial 244 164 206 139 18.26%February 4.3%30.9% Consumption-Residential 42,810,430 35,405,365 41,871,310 29,305,079 9.89%March 4.6%35.5% Consumption-Commercial 10,307,680 3,066,400 8,733,350 3,131,180 12.72%April 5.9%41.4% Average Residential Water Consumption 6,789 7,997 -15.11%May 7.1%48.5% Billed ($) Residential 275,180.53$ 259,775.31$ June 8.5%57.0% Billed ($) Commercial 79,626.68$ 65,303.06$ July 12.1%69.1% Total Billed ($) 354,807.21$ 270,553.53$ 325,078.37$ 224,440.81$ 13.80%August 14.5%83.6% September 16.4%100.0% Item 5d 6 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% DEBT SERVICE FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 73,828$ -$ 73,828$ 233,353$ -$ (159,525)$ 316%2 41,855$ 458% Property Taxes-Current 4,086,721 - 4,086,721 3,969,114 - 117,607 97%1 3,501,474 13% Taxes-Penalties 21,439 - 21,439 45,013 - (23,574) 210%10,561 326% Interest Income 18,000 - 18,000 11,745 - 6,255 65%8,145 44% Total Revenues 4,199,988$ -$ 4,199,988$ 4,259,225$ -$ (59,237)$ 101%3,562,034$ 20% EXPENDITURES Professional Services -$ -$ -$ -$ 3,400$ (3,400)$ -$ 2008 CO Bond Payment 572,175 (41,175) 531,000 531,000 - - 100%3 594,203 2010 Tax Note Payment 368,376 (3,376) 365,000 365,000 - - 100%366,256 2011 Refunding Bond Payment 118,541 (3,491) 115,050 115,050 - - 100%144,125 2012 GO Bond Payment 282,263 (107,263) 175,000 175,000 - - 100%- 2013 GO Refunding Bond 286,200 (131,200) 155,000 - - 155,000 0%67,100 Bond Administrative Fees 21,000 - 21,000 2,000 - 19,000 10%1,200 2014 GO Bond Payment 372,750 (117,750) 255,000 - - 255,000 0%61,218 2015 GO Bond Payment 659,374 (614,374) 45,000 45,000 - - 100%303,510 2015 CO Bond Payment 374,800 (314,800) 60,000 60,000 - - 100%74,434 2016 GO Debt Payment 598,848 (191,948) 406,900 406,900 - - 100%- 2016 CO Debt Payment 528,483 (273,483) 255,000 255,000 - - 100%- Bond Interest Expense - 1,798,860 1,798,860 911,183 - 887,677 51%- Total Expenditures 4,182,810$ -$ 4,182,810$ 2,866,133$ 3,400$ 1,313,277$ 69%1,612,045$ 56% REVENUE OVER (UNDER) EXPENDITURES 17,178$ -$ 17,178$ 1,393,092$ 1,949,990$ Beginning Fund Balance October 1 1,841,724 1,841,724 1,470,008 Ending Fund Balance Current Month 1,858,902$ 3,234,816$ 3,419,998$ Notes 1 2 Prosper received a significant AG delinquent tax payment in January. 3 Debt Service payments are made in the months of February and August. US Bank presented their invoice for January but payment was not issued until February. Property taxes are billed in October and the majority of collections occur December through February. Item 5d 7 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% INTERNAL SERVICE FUND-MEDICAL EXPENSE REIMBURSEMENT PROGRAM Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Charges for Services 20,000$ -$ 20,000$ 6,030$ -$ 13,970$ 30%8,235$ -27% Interest Income 700 - 700 333 - 367 48%355 -6% Transfers In 2,400 - 2,400 600 - 1,800 25%1,000 -40% Total Revenue 23,100$ -$ 23,100$ 6,963$ -$ 16,137$ 30%9,590$ -27% EXPENDITURES MERP H & D Expense 40,000$ -$ 40,000$ 20,008$ -$ 19,992$ 50%3,891$ Total Expenditures 40,000$ -$ 40,000$ 20,008$ -$ 19,992$ 50%3,891$ REVENUE OVER (UNDER) EXPENDITURES (16,900)$ -$ (16,900)$ (13,045)$ 5,699$ Beginning Fund Balance October 1 116,207 116,207 117,609 Ending Fund Balance Current Month 99,307$ 103,162$ 123,308$ Note This fund will be dissolved after the 1st quarter of 2017 into the Employee Health Fund. Item 5d 8 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% VEHICLE AND EQUIPMENT REPLACEMENT FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Charges for Services 500,781$ -$ 500,781$ 208,659$ -$ 292,122$ 42%208,659$ 0% Other Reimbursements 18,000 - 18,000 1,664 - 16,336 9%1 64,901 Interest Income - - - 6,114 - (6,114) - Transfers In - - - - - - - Total Revenue 518,781$ -$ 518,781$ 216,436$ -$ 302,345$ 42%273,560$ -21% EXPENDITURES Vehicle Replacement 204,560$ 94,818$ 320,498$ 79,338$ 204,560$ 36,600$ 89%2 424,204$ Equipment Replacement - - - - - - 0%- IT Replacement 30,350 - 30,350 968 21,352 8,030 74%3 2,304 Total Expenditures 234,910$ 94,818$ 350,848$ 80,306$ 225,912$ 44,630$ 87%426,508$ REVENUE OVER (UNDER) EXPENDITURES 283,871$ (94,818)$ 167,933$ 136,130$ (152,948)$ Beginning Fund Balance October 1 1,392,481 1,392,481 1,762,267 Ending Fund Balance Current Month 1,560,414$ 1,528,611$ 1,609,319$ Notes 1 Auction revenues and insurance reimbursements are placed in the Other Reimbursements account as they occur. 2 3 Budgeted vehicle replacements are paid or fully encumbered for the year. Budgeted IT replacements are paid or fully encumbered for the year. Item 5d 9 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% STORM DRAINAGE UTILITY FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 344,725$ -$ 344,725$ 140,778$ -$ 203,948$ 41%125,400$ 12% 45-4 Interest Income 900 - 900 5,056 - (4,156) 562%355 1324% Other Revenue - - - - - - - Total Revenue 345,625$ -$ 345,625$ 145,834$ -$ 199,791$ 42%125,755$ 16% EXPENDITURES Personnel Services 149,963$ 2,706$ 152,669$ 52,887$ -$ 99,782$ 35%22,783$ 132% 45-7 Operating Expenditures 215,249 32,400 247,649 181,789 - 65,860 73%1 34,539 426% Total Expenses 365,212$ 35,106$ 400,318$ 234,676$ -$ 165,642$ 59%57,321$ 309% REVENUE OVER (UNDER) EXPENDITURES (19,587)$ (35,106)$ (54,693)$ (88,842)$ 68,434$ Beginning Working Capital October 1 287,662 287,662 261,398 Ending Working Capital Current Month 232,969$ 198,820$ 329,832$ Note 1 YTD operating expenditures reflects the entire budget for bond payment and transfer out to capital projects fund. Item 5d 10 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% PARK DEDICATION AND IMPROVEMENT FUNDS Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 100,000$ -$ 100,000$ 364,179$ -$ (264,179)$ 364%423,631$ -14% 60-4 Park Improvements 100,000 - 100,000 201,727 - (101,727) 202%- Contributions - - - - - - - 60-4 Interest-Park Dedication 7,000 - 7,000 3,685 - 3,315 53%3,080 20% 60-4 Interest-Park Improvements 3,800 - 3,800 3,199 - 601 84%2,206 45% Total Revenue 210,800$ -$ 210,800$ 572,790$ -$ (361,990)$ 272%428,917$ 34% EXPENDITURES 60-5 Miscellaneous Expense -$ -$ -$ -$ -$ -$ -$ Professional Services-Park Ded - - - - - - - 60-5 Professional Services-Park Imp - - - - - - - Developer Reimbursement-Park Imp - - - - - - 60-6 Capital Exp-Park Imp 90,000 914,260 1,004,260 105,079 891,007 8,173 10%1 - 60-6 Capital Exp-Park Ded - 534,590 534,590 - 386,590 148,000 2 - Transfers Out - - - - - - - Total Expenses 90,000$ 1,448,850$ 1,538,850$ 105,079$ 1,277,597$ 156,173$ 7%-$ REVENUE OVER (UNDER) EXPENDITURES 120,800$ (1,448,850)$ (1,328,050)$ 467,711$ 428,917$ Beginning Fund Balance October 1 2,528,974 2,528,974 2,296,791 Ending Fund Balance Current Month 1,200,924$ 2,996,685$ 2,725,708$ Notes 1 Frontier Park North Field Improvements - design and CMAR services. 2 Frontier Park North Field Improvements - CMAR services. Item 5d 11 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% TIRZ #1 - BLUE STAR Original Budget Amended Current Year Prior Year Change from Budget Adjustment Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees -$ -$ -$ 81,027$ -$ Wastewater Impact Fees - - - 63,816 - East Thoroughfare Impact Fees - - - 656,379 - Property Taxes - Current - - - 102,457 - Other Revenue Transfers In - - - - - Total Revenue -$ -$ -$ 903,679$ -$ EXPENDITURES Professional Services -$ -$ -$ -$ -$ Transfers Out - - - - - Total Expenses -$ -$ -$ -$ -$ REVENUE OVER (UNDER) EXPENDITURES -$ 903,679$ -$ Beginning Fund Balance October 1 (7,500) (7,500) (7,500) Ending Fund Balance Current Month (7,500)$ 896,179$ (7,500)$ Item 5d TO W N   O F   P R O S P E R ,   T E X A S MO N T H L Y   F I N A N C I A L   R E P O R T Fe b r u a r y   2 8 ,   2 0 1 7 Ex p e c t e d   Y e a r   t o   D a t e   P e r c e n t   4 1 . 6 6 7 % TI R Z   # 2   ‐   M A T T H E W S   S O U T H W E S T Or i g i n a l   B u d g e t A m e n d e d C u r r e n t   Y e a r Prior Year C h a n g e   f r o m Bu d g e t A d j u s t m e n t B u d g e t YT D   A c t u a l Y T D   P e r c e n t N o t e Y T D   A c t u a l P r i o r   Y e a r RE V E N U E S Im p a c t   F e e   R e v e n u e : We s t   T h o r o u g h f a r e   I m p a c t   F e e s ‐ $                                                      ‐ $                                                      ‐ $                                                      35 7 , 2 5 7 $                            Pr o p e r t y   T a x e s ‐                                                            ‐                                                            ‐                                                            ‐                                                            ‐                                                            Ot h e r   R e v e n u e ‐                                                            ‐                                                            ‐                                                            ‐                                                            ‐                                                            Tr a n s f e r s   I n                                         ‐                                                            ‐                                                            ‐                                                            ‐                                                            ‐                                                                 T o t a l   R e v e n u e ‐ $                                                      ‐ $                                                      ‐ $                                                      3 5 7 , 2 5 7 $                            ‐ $                                                      EX P E N D I T U R E S Pr o f e s s i o n a l   S e r v i c e s ‐ $                                                      ‐ $                                                      ‐ $                                                      ‐ $                                                      ‐ $                                                      Tr a n s f e r s   O u t ‐                                                            ‐                                                            ‐                                                            ‐                                                            ‐                                                               T o t a l   E x p e n d i t u r e s ‐ $                                                      ‐ $                                                      ‐ $                                                      ‐ $                                                      ‐ $                                                      RE V E N U E   O V E R   ( U N D E R )   E X P E N D I T U R E S ‐ $                                                      35 7 , 2 5 7 $                            ‐ $                                                      Be g i n n i n g   F u n d   B a l a n c e   O c t o b e r   1 ‐                                                            ‐                                                            ‐                                                            En d i n g   F u n d   B a l a n c e   C u r r e n t   M o n t h ‐ $                                                      35 7 , 2 5 7 $                            ‐ $                                                      12 Item 5d 13 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% WATER IMPACT FEES FUND Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Impact Fees Water 3,200,000$ -$ 3,200,000$ 1,354,588$ Interest - Water 29,700 - 29,700 11,529 Total Revenues 3,229,700$ -$ 3,229,700$ 1,366,117$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 975,000$ 975,000$ -$ 975,000$ 856,758$ -$ 118,242$ -$ 118,242$ Prosper Partners Developer Reimb 195,000 195,000 - 195,000 - - 195,000$ - 195,000 Preserve Doe Creek Developer Reimb 532,586 532,586 - 532,586 - - 532,586$ - 532,586 Total Developer Reimbursements 1,702,586$ 1,702,586$ -$ 1,702,586$ 856,758$ -$ 845,828$ -$ 845,828$ Capital Expenditures Impact Fee Study 67,473$ -$ 13,457$ 13,457$ 13,080$ 376$ 0$ 44,379$ 9,637$ Prosper Trail EST 4,403,300 - 818,669 818,669 467,065 351,604 (0) 2,540,459 1,044,171$ Construction 82% complete Lower Pressure Plane Pump Station Design 1,853,081 1,726,000 - 1,726,000 304,784 603,869 817,347 31,022 913,406 Construction 25% complete County Line Elevated Storage 337,500 337,500 - 337,500 - - 337,500 - 337,500 Design contract schedule 4/11/17 Kroger Reimb Prosper Trail 130,000 - - - - - - 130,000 - Project completed 24" WL Connector County Line EST 70,775 70,775 - 70,775 - - 70,775 - 70,775 Design contract schedule 4/11/17 Traffic Signal at First and DNT 25,000 - - - - - - 25,000 - Funds transferred to Thoroughfare Fund Total Projects 6,887,129$ 2,134,275$ 832,126$ 2,966,401$ 784,929$ 955,849$ 1,225,622$ 2,770,860$ 2,375,490$ Total Expenditures 8,589,715$ 3,836,861$ 832,126$ 4,668,987$ 1,641,688$ 955,849$ 2,071,450$ 2,770,860$ 3,221,317$ REVENUE OVER (UNDER) EXPENDITURES (1,439,287)$ (275,571)$ Beginning Fund Balance October 1 3,958,384 3,958,384 Ending Fund Balance Current Month 2,519,097$ 3,682,813$ Item 5d 14 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% WASTEWATER IMPACT FEES FUND Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Impact Fees Wastewater 600,000$ -$ 600,000$ 169,915$ Interest - Wastewater 7,800 - 7,800 4,194 Upper Trinity Equity Fee - - - 16,500 Total Revenues 607,800$ -$ 607,800$ 190,609$ EXPENDITURES Developer Reimbursements Impact Fee Reimbursement LaCima 5,000$ 5,000$ -$ 5,000$ -$ -$ 5,000$ -$ 5,000$ TVG Westside Utility Developer Reimb 170,750 170,750 - 170,750 105,225 - 65,525 - 65,525 Prosper Partners Utility Developer Reimb 34,150 34,150 - 34,150 - - 34,150 - 34,150 Frontier Estates Developer Reimb 71,300 71,300 - 71,300 7,172 - 64,129 - 64,129 Brookhollow Developer Reimb - - - - 1,366 (1,366) - (1,366) Total Developer Reimbursements 281,200$ 281,200$ -$ 281,200$ 113,763$ -$ 167,437$ -$ 167,437$ Capital Expenditures Impact Fee Study 112,993$ -$ 22,541$ 22,541$ 21,903$ 638$ (0)$ 90,452$ 0$ Public Works Interceptor 800,000 - 1,070,124 1,070,124 15,423 25,124 1,029,577 - 759,453 Bid awarded 2/28/17 LaCima #2 Interceptor 465,000 465,000 (245,000) 220,000 - - 220,000 - 220,000 Development agreement for approval 3/14/17 Total Projects 1,377,993$ 465,000$ 847,665$ 1,312,665$ 37,327$ 25,762$ 1,249,577$ 90,452$ 979,453$ Total Expenditures 1,659,193$ 746,200$ 847,665$ 1,593,865$ 151,089$ 25,762$ 1,417,014$ 90,452$ 1,146,890$ REVENUE OVER (UNDER) EXPENDITURES (986,065)$ 39,520$ Beginning Fund Balance October 1 2,998,331 2,998,331 Ending Fund Balance Current Month 2,012,266$ 3,037,851$ Item 5d 15 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% THOROUGHFARE IMPACT FEES FUND Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES East Thoroughfare Impact Fees 4,000,000$ -$ 4,000,000$ (1,286,470)$ The negative revenue reflects prior period adjustment to report TIRZ impact fees in the correct fund. West Thoroughfare Impact Fees 1,200,000 - 1,200,000 2,262,252 Increased collections in West Thoroughfare Impact fees is used for developer reimbursement Interest-East Thoroughfare Impact Fees 32,560 - 32,560 16,018 Interest-West Thoroughfare Impact Fees 12,870 - 12,870 1,593 Total Revenues 5,245,430$ -$ 5,245,430$ 993,392$ EXPENDITURES East Impact Fee Study 17,322$ -$ 3,461$ 3,461$ 3,357$ 104$ 0$ 11,388$ 2,473$ Impact Fee Reimbursement Lakes of LaCima 300,000 300,000 - 300,000 - - 300,000 199,029 100,971$ Frontier Pkwy BNSF Overpass 2,340,000 2,340,000 - 2,340,000 - - 2,340,000 - 2,340,000$ Planning stage Prosper Trail (Kroger - Coit)3,305,000 3,000,000 2,969,221 65,601 - 2,903,621 169,770 3,069,630$ Design 90% complete Prosper Trail (Coit - Custer)540,000 540,000 70,000 610,000 - - 610,000 - 540,000$ Design contract approved 2/28/17 Kroger Reimbursement - Prosper Tr 960,000 - - - - - - 954,933 5,067$ Project completed Coit Road (First - Frontier)770,000 770,000 (70,000) 700,000 13,682 676,218 10,100 - 80,100$ Design stage Custer Turn Lane - Prosper Tr 100,000 100,000 - 100,000 - - 100,000 - 100,000$ TxDOT on hold First St. DNT-Coleman-EAST 195,000 - - - - - - 195,000 -$ Design 70% complete Total East 8,332,322$ 7,050,000$ 3,461$ 7,022,682$ 82,640$ 676,322$ 6,263,721$ 1,530,120$ 6,238,241$ West Impact Fee Study 17,322 -$ 3,461$ 3,461$ 3,357$ 104$ 0$ 11,388$ 2,473$ TVG Developer Reimb 500,000 500,000 - 500,000 1,561,240 - (1,061,240) - (1,061,240) See increased impact fee collections Parks at Legacy Developer Reimb 100,000 100,000 - 100,000 163,988 - (63,988) - (63,988) 200,000 200,000 - 200,000 - - 200,000 - 200,000 Design contract anticipated to Council 5/2017 Traffic Signal at First and DNT 440,672 - 98,200 98,200 153,054 -$ (54,854) 152,130$ 135,488 Design 70% complete Teel Parkway-DCFWSD#10 300,000 - - - - - - - 300,000 Anticipate payment to developer early summer 2017 Total West 1,557,994$ 800,000$ 101,661$ 901,661$ 1,881,639$ 104$ (980,082)$ 163,518$ (487,267)$ Total Expenditures 9,890,316$ 7,850,000$ 105,122$ 7,924,343$ 1,964,278$ 676,426$ 5,283,639$ 1,693,638$ 5,750,975$ REVENUE OVER (UNDER) EXPENDITURES (2,678,913)$ (970,886)$ Beginning Fund Balance October 1 5,777,012 5,777,012 Ending Fund Balance Current Month 3,098,099$ 4,806,126$ Cook Lane (First - End) Item 5d 16 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 Expected Year to Date Percent 41.667% SPECIAL REVENUE FUNDS Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Obligated Prior Year REVENUES Police Donation Revenue 12,000$ -$ 12,000$ 7,576$ -$ 4,424$ 63%7,163$ 6% Police Grant - - - - - - - Fire Donation Revenue 8,400 - 8,400 5,704 - 2,696 68%4,798 19% Child Safety Revenue 8,000 - 8,000 3,133 - 4,867 39%3,379 Court Security Revenue 7,000 - 7,000 3,040 - 3,960 43%- Court Technology Revenue 9,000 - 9,000 4,054 - 4,946 45%- LEOSE Revenue - - - 2,398 - (2,398) - Library Grant - - - - - - - Interest Income 8,000 - 8,000 - - 8,000 0%6,027 -100% Prosper Christmas Donations 12,000 - 12,000 13,706 - (1,706) 114%- Tree Mitigation Revenue - - - - - - - Cash Seizure/Forfeiture - - - - - - 650 Total Revenue 64,400$ -$ 64,400$ 39,611$ -$ 24,789$ 62%22,017$ 80% LEOSE Expenditure -$ -$ -$ -$ -$ -$ 500$ Prosper Christmas Expense 40,000 - 40,000 27,229 5,350 7,421 81%- Court Technology Expense 18,000 - 18,000 - - 18,000 0%- Court Security Expense 8,179 10,649 18,828 9,379 - 9,448 50%- Police Donation Expense 10,000 - 10,000 5,604 - 4,396 56%4,000 Fire Donation Expense - - - 1,197 - (1,197) 2,638 -55% Child Safety Expense 10,000 - 10,000 - - 10,000 0%- Tree Mitigation Expense 14,000 - 14,000 - - 14,000 0%- Library Grant Expense - - - - - - - Police Seizure Expense 5,000 - 5,000 92 - 4,908 2%200 -54% Total Expenses 105,179$ 10,649$ 115,828$ 43,501$ 5,350$ 66,976$ 38%7,338$ 493% REVENUE OVER (UNDER) EXPENDITURES (40,779)$ (10,649)$ (51,428)$ (3,890)$ 14,679$ Beginning Fund Balance October 1 2,957,413$ 2,957,413$ 2,420,747$ Ending Fund Balance Current Month 2,905,985$ 2,953,523$ 2,435,426$ Item 5d 17 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 CAPITAL PROJECTS FUND-GENERAL Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Grants -$ -$ -$ -$ Contributions/Interlocal Revenue - - - 3,000,000 Bond Proceeds 12,792,496 - 12,792,496 - Interest-2004 Bond 2,000 - 2,000 832 Interest-2006 Bond 600 - 600 1,287 Interest-2008 Bond 7,500 - 7,500 249 Interest-2012 GO Bond 12,000 - 12,000 365 Interest-2015 Bond - - - 8,128 Interest-2016 Bond - - - 33,424 Transfers In 1,665,000 2,274,268 3,939,268 5,342,613 Total Revenues 14,479,596$ 2,274,268$ 16,753,864$ 8,386,898$ EXPENDITURES Coleman-Prosper Tr to Prosper HS 4,400,000$ -$ 46,162$ 46,162$ 14,977$ 37,374$ (6,189)$ 4,321,893$ 25,756$ Project complete Downtown Enhancements 1,850,000 1,850,000 - 1,850,000 43,500 52,800 1,753,700 51,300 1,702,400 Design 30% complete Seventh Street (Coleman-PSID)990,000 - 200 200 200 - - 985,288 4,512 Project complete West Prosper Roads 12,781,000 - 6,691,786 6,691,786 378,588 6,313,198 0 6,089,214 - Phase 1-Construction 99% complete - - Phase 2-design stage Prosper Trail (Kroger to Coit)975,000 - 1,059,610 1,059,610 40,446 44,164 975,001 200,549 689,842 Design 90% complete First Street (DNT to Coleman)660,672 - 174,412 174,412 26,263 148,149 1 395,224 91,037 Design 70% complete Old Town Streets 2015 (Broadway,Fifth, McKinley)1,000,000 1,000,000 - 1,000,000 - - 1,000,000 - 1,000,000 Project moved to 2020-2025 Fishtrap Rd (Artesia to Dallas Parkway) & 2,037,676 - 1,262,277 1,262,277 32,668 - 1,229,609 2,005,005 3 Project complete First St (Coit to Custer Rd)- - Prosper Road Improvements 1,415,906 - - - - - - 1,415,906 (0) Project complete Main Street (First - Broadway)625,000 625,000 - 625,000 - 598,342 26,658 - 12 Construction 7% complete Eighth Street (Church-PISD)260,000 260,000 - 260,000 - - 260,000 - 260,000 Project moved to 2020-2025 Church Street (First-PISD)750,000 - 595,060 595,060 595,060 - - 89,300 65,640 Project complete Field Street (First-Broadway)250,000 250,000 - 250,000 - - 250,000 - 250,000 Project moved to 2020-2025 Parvin Road (Good Hope-FM1385)270,000 270,000 - 270,000 - - 270,000 - 270,000 Project moved to 2020-2025 Pasewark (Preston-Hickory)400,000 400,000 - 400,000 - - 400,000 - 400,000 Project moved to 2020-2025 Parvin (Broadway-Eighth)515,000 515,000 - 515,000 - - 515,000 - 515,000 Anticipate bid award to Council 5/2017 Sixth Street (Coleman-Church)430,000 430,000 - 430,000 - - 430,000 - 430,000 Anticipate bid award to Council 5/2017 Third Street (Church-Lane)320,000 320,000 - 320,000 - - 320,000 - 320,000 Anticipate bid award to Council 5/2017 Town Hall Infrastructure Improvements 1,307,400 1,275,000 32,800 1,307,800 34,337 1,316,555 (43,092) 188,871 (232,363) Construction 10% complete Total Street Projects 31,237,654$ 7,195,000$ 9,862,307$ 17,057,307$ 1,166,038$ 8,510,583$ 7,380,686$ 15,742,549$ 5,791,839$ SH289 Median Lighting 1,000,000$ -$ 6,590$ 6,590$ -$ 6,590$ (0)$ 953,203$ 40,206$ Project complete Decorative Monument Street Signs 150,020 - - - 61 - (61) 109,943 40,077 Construction 95% complete Coit Rd (US 380 - First) Median Lighting 450,000 - - - - - - - - Design stage Total Traffic Projects 1,600,020$ -$ 6,590$ 6,590$ 61$ 6,590$ (61)$ 1,063,146$ 80,284$ Frontier Park - North Field Improvements 10,060,815$ 9,526,225$ -$ 9,526,225$ 51,322$ 9,514,403$ (39,500)$ -$ 495,090$ Construction 1% complete Total Park Projects 10,060,815$ 9,526,225$ -$ 9,526,225$ 51,322$ 9,514,403$ (39,500)$ -$ 495,090$ Windsong Ranch Fire Station 7,500,000$ -$ 187,225$ 187,225$ 203,172$ 67,336$ 7,097,167$ 199,661$ Town Hall Professional Services 2,040,695 1,450,000 245,313 1,695,313 248,965 365,249 1,391,313 400,417 Town Hall Multipurpose Facility 19,989,691 10,000,000 1,176,691 11,176,691 1,113,663 18,484,028 - 392,000 Construction 7% complete Town Hall - FF&E 1,362,000 - - - - - - - Windsong Ranch Fire - Apparatus 815,000 - 77,002 77,002 83,183 - - 731,817 Total Facility Projects 31,707,386$ 11,450,000$ 1,686,231$ 13,136,231$ 1,648,983$ 18,916,614$ -$ 8,488,480$ 1,723,895$ Total Expenditures 74,605,875$ 28,171,225$ 11,555,128$ 39,726,353$ 2,866,403$ 36,948,191$ 7,341,125$ 25,294,175$ 8,091,107$ REVENUE OVER (UNDER) EXPENDITURES (22,972,489)$ 5,520,495$ Beginning Fund Balance October 1 13,829,421 13,829,421 Ending Fund Balance Current Month (9,143,068)$ 19,349,916$ Item 5d 18 TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT February 28, 2017 CAPITAL PROJECTS FUND-WATER/SEWER Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Interest Income 37,200$ -$ 37,200$ 8,157$ Bond Proceeds 11,138,450 - 11,138,450 - Transfers In - - - 90,975 Transfer from Water Impact Fund for Lower Pressure Plane Pump Station Design & 2016 CO Bonds for Old Town Drainage projects Total Revenues 11,175,650$ -$ 11,175,650$ 99,132$ EXPENDITURES PRV's at BNSF Railroad 582,000 - 115,096 115,096 3,090 112,006 (0) 28,788 438,116 Pre-Construction Lower Pressure Plane Pump Station Design 22,960,919 22,960,919 - 22,960,919 7,398 39,286 22,914,235 102,199 22,812,036 Construction 25% complete for Lovers Lane Prosper Trail EST Construction 517,300 - 34,930 34,930 25,280 9,650 (0) 456,389 25,981 Construction 82% complete Total Water Projects 24,060,219$ 22,960,919$ 150,026$ 23,110,945$ 35,768$ 160,943$ 22,914,235$ 587,375$ 23,276,133$ Downtown Drainage-Hawk Ridge 165,000$ -$ -$ -$ -$ -$ 165,000$ Waiting on developer's request for reimb-Drainage fund funding source Old Town Drainage 500,000 500,000 - 500,000 - 31,480 468,520 19,720 448,800 Design 30% complete Coleman Rd Drainage 300,000 282,500 - 282,500 - 3,350 279,150 17,500 279,150 Ongoing - second phase to Council Summer 2017 Old Town Land Drainage Land Acq 750,000 750,000 - 750,000 2,750 580 746,670 59,920 686,750 Phase I Summer 2017; Phase II early 2018 Old Town Drainage Broadway Design & Construction 750,000 750,000 - 750,000 - - 750,000 - 750,000 Phase I design Summer 2017; Phase II 2018 Old Town Drainage Trunk Main 600,000 600,000 - 600,000 - 600,000 - - - Construction 7% complete Old Town Drainage-First and Main 800,000 800,000 - 800,000 - - 800,000 - 800,000 2017 Amberwood Farms Drainage 32,000 32,000 - 32,000 - - 32,000 - 32,000 Project on hold Total Drainage Projects 3,897,000$ 3,714,500$ -$ 3,714,500$ 2,750$ 635,410$ 3,076,340$ 97,140$ 3,161,700$ Total Expenses 27,957,219$ 26,675,419$ 150,026$ 26,825,445$ 38,518$ 796,353$ 25,990,575$ 684,515$ 26,437,833$ (15,649,795)$ 60,615$ Beginning Working Capital October 1 5,664,920 5,664,920 Ending Working Capital Current Month (9,984,875)$ 5,725,535$ Item 5d 19 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-4035-10-00 3% Construction Fee - 363,000.00 - 363,000.00 - 96,481.62 26.58 - 266,518.38 100-4061-10-00 Notary Fees - 200.00 - 200.00 - 102.00 - 22.00 51.00 - 98.00 100-4105-10-00 Property Taxes -Delinquent - 113,138.00 - 113,138.00 - 433,560.52 - 34,269.52 383.21 320,422.52 100-4110-10-00 Property Taxes -Current - 9,848,328.00 - 490,682.00 - 10,339,010.00 - 9,463,843.15 - 1,110,041.20 91.54 - 875,166.85 100-4115-10-00 Taxes -Penalties - 41,751.00 - 41,751.00 - 81,034.68 - 10,228.64 194.09 39,283.68 100-4120-10-00 Sales Taxes - 4,230,600.00 - 402,591.00 - 4,633,191.00 - 2,017,002.44 - 471,982.88 43.53 - 2,616,188.56 100-4130-10-00 Sales Tax-Mixed Beverage - 19,000.00 - 19,000.00 - 4,230.79 22.27 - 14,769.21 100-4140-10-00 Franchise Taxes - Electric - 420,000.00 - 420,000.00 - 40,713.25 9.69 - 379,286.75 100-4150-10-00 Franchise Taxes - Telephone - 190,000.00 - 190,000.00 - 48,579.13 - 10,744.88 25.57 - 141,420.87 100-4160-10-00 Franchise Taxes - Gas - 92,000.00 - 92,000.00 - 91,194.67 - 91,194.67 99.13 - 805.33 100-4170-10-00 Franchise Taxes - Road Usage - 9,350.00 - 9,350.00 - 9,068.44 - 65.38 96.99 - 281.56 100-4190-10-00 Franchise Fee-Cable - 28,050.00 - 28,050.00 - 8,852.43 31.56 - 19,197.57 100-4200-10-00 T-Mobile Fees - 34,608.00 - 34,608.00 - 14,418.75 - 2,883.75 41.66 - 20,189.25 100-4201-10-00 Tierone Converged Network - 18,000.00 - 18,000.00 - 7,500.00 - 1,500.00 41.67 - 10,500.00 100-4202-10-00 NTTA Tag Sales - 150.00 - 150.00 - 70.00 46.67 - 80.00 100-4205-10-00 Blue Wireless Fees (Panaband)- 23,808.00 - 23,808.00 - 9,918.75 - 1,983.75 41.66 - 13,889.25 100-4206-10-00 Verizon Antenna Lease - 28,000.00 - 28,000.00 - 28,000.00 100-4218-10-00 Administrative Fees-EDC - 7,500.00 - 7,500.00 - 6,250.00 - 1,250.00 83.33 - 1,250.00 100-4230-10-00 Other Permits - 870.00 - 870.00 - 930.00 106.90 60.00 100-4610-10-00 Interest Income - 36,000.00 - 36,000.00 - 40,438.80 - 5,024.13 112.33 4,438.80 100-4910-10-00 Other Revenue - 25,000.00 - 25,000.00 - 11,828.79 - 7,171.55 47.32 - 13,171.21 100-4995-10-00 Transfer In/Out - 1,091,166.00 - 1,091,166.00 - 454,652.50 - 90,930.50 41.67 - 636,513.50 100-4410-10-07 Court Fines - 385,000.00 - 385,000.00 - 163,766.08 - 39,844.27 42.54 - 221,233.92 100-4610-10-07 Interest Income - 3,600.00 - 3,600.00 - 1,192.97 - 45.30 33.14 - 2,407.03 100-4230-20-01 Other Permits - 660.00 - 660.00 - 175.00 - 50.00 26.52 - 485.00 100-4440-20-01 Accident Reports - 880.00 - 880.00 - 415.00 - 80.00 47.16 - 465.00 100-4450-20-01 Alarm Fee - 40,700.00 - 40,700.00 - 19,919.00 - 4,726.00 48.94 - 20,781.00 100-4910-20-01 Other Revenue - 500.00 - 500.00 - 1,910.00 - 635.00 382.00 1,410.00 100-4310-30-01 Charges for Services - 220,000.00 - 220,000.00 - 95,528.55 - 18,633.46 43.42 - 124,471.45 100-4411-30-01 CC Fire Assoc - 249.81 249.81 100-4315-30-05 Fire Review/Inspect Fees - 40,000.00 - 40,000.00 - 38,500.00 - 11,325.00 96.25 - 1,500.00 100-4012-40-01 Saturday Inspection Fee - 100.00 100.00 100-4017-40-01 Contractor Registration Fee - 68,985.00 - 68,985.00 - 42,000.00 - 7,800.00 60.88 - 26,985.00 100-4060-40-01 NSF Fees - 30.00 30.00 100-4210-40-01 Building Permits - 2,656,400.00 - 84,904.00 - 2,741,304.00 - 1,000,422.97 - 194,967.20 36.49 - 1,740,881.03 100-4230-40-01 Other Permits - 200,000.00 - 200,000.00 - 108,567.50 - 19,315.00 54.28 - 91,432.50 100-4240-40-01 Plumb/Elect/Mech Permits - 45,000.00 - 45,000.00 - 19,484.00 - 2,965.00 43.30 - 25,516.00 100-4242-40-01 Re-inspection Fees - 35,000.00 - 35,000.00 - 26,725.00 - 4,600.00 76.36 - 8,275.00 100-4910-40-01 Other Revenue - 10,000.00 - 10,000.00 - 10,453.64 - 1,394.23 104.54 453.64 100-4245-40-02 Health Inspections - 19,340.00 - 19,340.00 - 17,011.20 - 2,575.00 87.96 - 2,328.80 Item 5d 20 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-4910-40-02 Other Revenue - 875.00 - 875.00 - 875.00 100-4220-40-03 Zoning Application Fees - 20,000.00 - 20,000.00 - 12,704.94 - 8,234.94 63.53 - 7,295.06 100-4225-40-03 Development Application Fees - 100,000.00 - 100,000.00 - 18,175.00 - 6,010.00 18.18 - 81,825.00 100-4910-40-03 Other Revenue - 3,000.00 - 3,000.00 - 4,330.00 - 470.00 144.33 1,330.00 100-4910-50-01 Other Revenue - 15,000.00 - 15,000.00 - 5,940.00 39.60 - 9,060.00 100-4995-50-01 Transfer In - 45,000.00 - 45,000.00 - 45,000.00 100-4056-60-00 Field Rental Fees - 49,500.00 - 49,500.00 - 36,330.00 - 12,940.00 73.39 - 13,170.00 100-4057-60-00 Pavilion User Fees - 3,500.00 - 3,500.00 - 1,605.00 - 625.00 45.86 - 1,895.00 100-4058-60-00 Park Program Fees - 44,000.00 - 44,000.00 - 3,901.59 - 1,059.00 8.87 - 40,098.41 100-4063-60-05 Lost Fees - 275.00 - 275.00 - 38.93 14.16 - 236.07 100-4064-60-05 Printing/Copying Fees - 60.00 - 60.00 - 19.80 - 6.40 33.00 - 40.20 100-4065-60-05 Book Fines - 660.00 - 660.00 - 474.19 - 148.69 71.85 - 185.81 100-4510-60-05 Grants - 2,500.00 - 2,500.00 - 7,154.16 - 3,577.08 286.17 4,654.16 100-4910-60-05 Other Revenue - 250.00 - 250.00 - 0.11 0.04 - 249.89 100-5110-10-01 Salaries & Wages 68,097.00 18,610.95 86,707.95 25,733.73 5,289.14 29.68 60,974.22 100-5140-10-01 Salaries - Longevity Pay 215.00 215.00 215.00 100.00 100-5145-10-01 Social Security Expense 4,235.00 4,235.00 1,594.88 325.11 37.66 2,640.12 100-5150-10-01 Medicare Expense 991.00 991.00 372.99 76.03 37.64 618.01 100-5155-10-01 SUTA Expense 171.00 171.00 171.00 71.49 100.00 100-5160-10-01 Health/Dental Insurance 6,100.00 6,100.00 2,958.60 468.84 48.50 3,141.40 100-5165-10-01 Dental Insurance 433.00 433.00 163.02 32.82 37.65 269.98 100-5170-10-01 Life Insurance 92.00 92.00 40.90 9.38 44.46 51.10 100-5175-10-01 Liability (TML)/Workers' Comp 139.00 139.00 26.12 5.32 18.79 112.88 100-5180-10-01 TMRS Expense 9,174.00 9,174.00 3,349.13 717.19 36.51 5,824.87 100-5185-10-01 Long/Short Term Disability 126.00 126.00 48.90 10.06 38.81 77.10 100-5186-10-01 WELLE-Wellness Prog Reimb Empl 600.00 600.00 195.80 39.16 32.63 404.20 100-5190-10-01 Contract Labor 100.00 100.00 45.00 45.00 55.00 100-5210-10-01 Supplies 1,200.00 - 233.00 967.00 549.89 151.93 56.87 417.11 100-5212-10-01 Building Supplies 1,000.00 1,000.00 376.49 104.24 37.65 623.51 100-5230-10-01 Dues,Fees,& Subscriptions 2,550.00 233.00 2,783.00 2,782.94 100.00 0.06 100-5240-10-01 Postage and Delivery 100.00 100.00 2.98 2.30 2.98 97.02 100-5250-10-01 Publications 400.00 400.00 400.00 100-5280-10-01 Printing and Reproduction 150.00 150.00 150.00 100-5330-10-01 Copier Expense 250.00 250.00 107.67 62.75 43.07 142.33 100-5340-10-01 Building Repairs 500.00 500.00 125.37 62.99 25.07 374.63 100-5410-10-01 Professional Services 272,110.00 272,110.00 101,395.88 21,149.95 166,580.86 37.26 4,133.26 100-5430-10-01 Legal Fees 72,450.00 72,450.00 28,736.89 6,372.00 39.66 43,713.11 100-5480-10-01 Contracted Services 9,755.00 9,755.00 4,504.89 1,096.05 46.18 5,250.11 100-5524-10-01 Gas 500.00 500.00 267.84 51.61 53.57 232.16 100-5525-10-01 Electricity 7,250.00 7,250.00 1,804.42 567.73 24.89 5,445.58 Item 5d 21 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5526-10-01 Data Network 1,000.00 1,000.00 189.95 37.99 19.00 810.05 100-5530-10-01 Travel 250.00 250.00 250.00 100-5533-10-01 Mileage Expense 200.00 200.00 200.00 100-5536-10-01 Training/Seminars 200.00 200.00 200.00 100-5110-10-02 Salaries & Wages 128,561.00 9,908.74 138,469.74 46,274.36 10,136.53 33.42 92,195.38 100-5140-10-02 Salaries - Longevity Pay 210.00 210.00 210.00 100.00 100-5143-10-02 Cell Phone Allowance 1,080.00 1,080.00 450.00 90.00 41.67 630.00 100-5145-10-02 Social Security Expense 8,054.00 8,054.00 2,911.83 634.43 36.15 5,142.17 100-5150-10-02 Medicare Expense 1,884.00 1,884.00 680.99 148.38 36.15 1,203.01 100-5155-10-02 SUTA Expense 513.00 513.00 346.84 80.89 67.61 166.16 100-5170-10-02 Life Insurance 195.00 195.00 92.40 18.48 47.39 102.60 100-5175-10-02 Liability (TML)/Workers' Comp 265.00 265.00 46.95 10.22 17.72 218.05 100-5180-10-02 TMRS Expense 12,701.00 12,701.00 4,723.46 1,016.68 37.19 7,977.54 100-5185-10-02 Long/Short Term Disability 172.00 172.00 68.81 14.18 40.01 103.19 100-5193-10-02 Records Retention 2,470.00 2,470.00 221.50 221.50 8.97 2,248.50 100-5210-10-02 Supplies 1,200.00 1,200.00 713.78 191.01 59.48 486.22 100-5212-10-02 Building Supplies 376.45 104.23 - 376.45 100-5220-10-02 Office Equipment 500.00 500.00 105.12 21.02 394.88 100-5230-10-02 Dues,Fees,& Subscriptions 1,860.00 1,860.00 452.50 24.33 1,407.50 100-5240-10-02 Postage and Delivery 200.00 200.00 43.27 1.40 21.64 156.73 100-5280-10-02 Printing and Reproduction 1,135.00 1,135.00 1,135.00 100-5290-10-02 Other Charges and Services 25.20 25.20 - 25.20 100-5310-10-02 Rental Expense 5,800.00 5,800.00 2,115.68 249.00 36.48 3,684.32 100-5330-10-02 Copier Expense 1,500.00 1,500.00 707.36 330.87 47.16 792.64 100-5340-10-02 Building Repairs 1,000.00 1,000.00 1,000.00 100-5430-10-02 Legal Fees 21,600.00 21,600.00 5,711.93 884.81 26.44 15,888.07 100-5435-10-02 Legal Notices/Filings 5,100.00 5,100.00 3,976.90 603.60 77.98 1,123.10 100-5460-10-02 Election Expense 14,650.00 14,650.00 482.26 407.26 3.29 14,167.74 100-5480-10-02 Contracted Services 14,905.00 15,413.00 30,318.00 7,975.00 7,600.00 15,412.50 26.31 6,930.50 100-5520-10-02 Telephones 600.00 600.00 376.72 34.99 62.79 223.28 100-5526-10-02 Data Network 460.00 460.00 189.95 37.99 41.29 270.05 100-5530-10-02 Travel 4,600.00 4,600.00 1,366.20 281.91 29.70 3,233.80 100-5533-10-02 Mileage Expense 800.00 800.00 68.80 34.24 8.60 731.20 100-5536-10-02 Training/Seminars 2,690.00 2,690.00 395.00 14.68 2,295.00 100-5538-10-02 Council/Public Official Expnse 21,000.00 21,000.00 8,384.14 1,706.33 39.92 12,615.86 100-5600-10-02 Special Events 2,881.00 2,881.00 5,593.91 3,575.84 194.17 - 2,712.91 100-5110-10-03 Salaries & Wages 426,332.00 15,435.11 441,767.11 157,628.69 26,918.06 35.68 284,138.42 100-5115-10-03 Salaries - Overtime 1,808.00 1,808.00 221.65 12.26 1,586.35 100-5126-10-03 Salaries-Vacation Buy-Out 4,021.00 4,021.00 2,500.31 62.18 1,520.69 100-5140-10-03 Salaries - Longevity Pay 660.00 660.00 590.00 89.39 70.00 Item 5d 22 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5143-10-03 Cell Phone Allowance 900.00 900.00 900.00 100-5145-10-03 Social Security Expense 26,896.00 26,896.00 9,831.35 1,622.22 36.55 17,064.65 100-5150-10-03 Medicare Expense 6,291.00 6,291.00 2,299.27 379.40 36.55 3,991.73 100-5155-10-03 SUTA Expense 1,026.00 1,026.00 850.66 184.33 82.91 175.34 100-5160-10-03 Health/Dental Insurance 27,762.00 27,762.00 10,065.64 1,599.00 36.26 17,696.36 100-5165-10-03 Dental Insurance 2,032.00 2,032.00 461.96 100.60 22.73 1,570.04 100-5170-10-03 Life Insurance 677.00 677.00 144.46 29.64 21.34 532.54 100-5175-10-03 Liability (TML)/Workers' Comp 884.00 884.00 161.12 26.96 18.23 722.88 100-5180-10-03 TMRS Expense 58,269.00 58,269.00 20,584.03 3,628.45 35.33 37,684.97 100-5185-10-03 Long/Short Term Disability 789.00 789.00 246.86 51.14 31.29 542.14 100-5186-10-03 WELLE-Wellness Prog Reimb Empl 1,650.00 1,650.00 295.80 39.16 17.93 1,354.20 100-5190-10-03 Contract Labor 11,940.91 11,940.91 - 11,940.91 100-5191-10-03 Hiring Cost 100.00 100.00 6,102.00 6,102.00 6,102.00 - 6,002.00 100-5210-10-03 Supplies 3,550.00 3,550.00 2,032.87 222.64 539.54 57.26 977.59 100-5212-10-03 Building Supplies 2,000.00 2,000.00 1,176.82 831.90 58.84 823.18 100-5220-10-03 Office Equipment 1,350.00 1,350.00 105.12 1,150.00 7.79 94.88 100-5230-10-03 Dues,Fees,& Subscriptions 6,090.00 6,090.00 1,248.00 190.00 20.49 4,842.00 100-5240-10-03 Postage and Delivery 1,800.00 1,800.00 682.78 125.35 37.93 1,117.22 100-5280-10-03 Printing and Reproduction 150.00 150.00 144.62 96.41 5.38 100-5290-10-03 Other Charges and Services 151.20 151.20 - 151.20 100-5310-10-03 Rental Expense 20,000.00 20,000.00 7,955.00 1,567.60 10,973.20 39.78 1,071.80 100-5330-10-03 Copier Expense 1,600.00 1,600.00 588.16 125.12 36.76 1,011.84 100-5340-10-03 Building Repairs 1,000.00 1,000.00 1,000.00 100-5410-10-03 Professional Services 7,200.00 7,200.00 3,135.60 43.55 4,064.40 100-5412-10-03 Audit Fees 35,700.00 35,700.00 34,000.00 19,518.00 7,990.00 95.24 - 6,290.00 100-5414-10-03 Appraisal/Tax Fees 100,000.00 100,000.00 51,424.74 20,795.74 51.43 48,575.26 100-5418-10-03 IT Fees 48,900.00 48,900.00 32,884.20 70.00 67.25 16,015.80 100-5419-10-03 IT Licenses 12,500.00 12,500.00 7,500.00 60.00 5,000.00 100-5430-10-03 Legal Fees 9,289.00 9,289.00 2,280.00 817.00 24.55 7,009.00 100-5480-10-03 Contracted Services 8,890.00 8,890.00 3,785.46 - 8,502.69 42.58 5,104.54 100-5520-10-03 Telephones 1,575.00 1,575.00 741.26 102.84 47.06 833.74 100-5525-10-03 Electricity 8,500.00 8,500.00 2,138.33 618.00 25.16 6,361.67 100-5526-10-03 Data Network 500.00 500.00 189.95 37.99 37.99 310.05 100-5530-10-03 Travel 9,100.00 9,100.00 2,505.59 413.04 27.53 6,594.41 100-5533-10-03 Mileage Expense 1,505.00 1,505.00 385.84 240.58 25.64 1,119.16 100-5536-10-03 Training/Seminars 4,835.00 4,835.00 2,260.00 695.00 46.74 2,575.00 100-5110-10-04 Salaries & Wages 139,415.00 5,089.79 144,504.79 51,582.85 9,360.62 35.70 92,921.94 100-5115-10-04 Salaries - Overtime 5,000.00 5,000.00 616.92 217.23 12.34 4,383.08 100-5126-10-04 Salaries-Vacation Buy-Out 2,603.00 2,603.00 2,641.16 101.47 - 38.16 100-5140-10-04 Salaries - Longevity Pay 290.00 290.00 285.00 98.28 5.00 Item 5d 23 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5145-10-04 Social Security Expense 9,143.00 9,143.00 3,152.26 540.88 34.48 5,990.74 100-5150-10-04 Medicare Expense 2,138.00 2,138.00 737.22 126.50 34.48 1,400.78 100-5155-10-04 SUTA Expense 342.00 342.00 248.37 46.70 72.62 93.63 100-5160-10-04 Health/Dental Insurance 15,590.00 15,590.00 6,029.31 1,131.28 38.67 9,560.69 100-5165-10-04 Dental Insurance 962.00 962.00 346.60 58.07 36.03 615.40 100-5170-10-04 Life Insurance 315.00 315.00 89.88 15.93 28.53 225.12 100-5175-10-04 Liability (TML)/Workers' Comp 290.00 290.00 362.33 9.51 124.94 - 72.33 100-5180-10-04 TMRS Expense 19,799.00 19,799.00 7,057.62 1,289.18 35.65 12,741.38 100-5185-10-04 Long/Short Term Disability 257.00 257.00 98.02 17.78 38.14 158.98 100-5186-10-04 WELLE-Wellness Prog Reimb Empl 600.00 600.00 150.00 25.00 450.00 100-5191-10-04 Hiring Cost 23,200.00 23,200.00 6,287.00 2,615.84 27.10 16,913.00 100-5210-10-04 Supplies 1,710.00 1,710.00 877.42 51.31 832.58 100-5212-10-04 Building Supplies 15.99 - 15.99 100-5220-10-04 Office Equipment 9,463.00 9,463.00 9,463.00 100-5230-10-04 Dues,Fees,& Subscriptions 5,530.00 5,530.00 520.00 19.00 9.40 5,010.00 100-5240-10-04 Postage and Delivery 382.00 382.00 124.40 6.63 32.57 257.60 100-5250-10-04 Publications 500.00 500.00 362.40 72.48 137.60 100-5280-10-04 Printing and Reproduction 500.00 500.00 480.00 96.00 20.00 100-5290-10-04 Other Charges and Services 25.20 25.20 - 25.20 100-5330-10-04 Copier Expense 1,160.00 1,160.00 628.22 134.93 54.16 531.78 100-5410-10-04 Professional Services 31,000.00 31,000.00 1,500.25 200.00 4.84 29,499.75 100-5419-10-04 IT Licenses 4,285.00 4,285.00 4,285.00 100-5420-10-04 Municipal Court/Judge Fees 6.47 - 6.47 100-5430-10-04 Legal Fees 10,000.00 10,000.00 2,261.00 950.00 22.61 7,739.00 100-5435-10-04 Legal Notices/Filings 51.00 - 51.00 100-5480-10-04 Contracted Services 1,537.25 316.05 - 1,537.25 100-5520-10-04 Telephones 1,272.00 1,272.00 257.22 51.42 20.22 1,014.78 100-5530-10-04 Travel 3,600.00 3,600.00 3,600.00 100-5533-10-04 Mileage Expense 1,000.00 1,000.00 1,000.00 100-5536-10-04 Training/Seminars 4,700.00 4,700.00 25.38 0.54 4,674.62 100-5600-10-04 Special Events 10,000.00 10,000.00 7,352.16 739.27 73.52 2,647.84 100-5110-10-05 Salaries & Wages 175,114.00 11,632.79 186,746.79 69,899.88 14,270.64 37.43 116,846.91 100-5115-10-05 Salaries - Overtime 578.48 197.46 - 578.48 100-5140-10-05 Salaries - Longevity Pay 70.00 70.00 70.00 100-5143-10-05 Cell Phone Allowance 2,760.00 2,760.00 1,150.00 230.00 41.67 1,610.00 100-5145-10-05 Social Security Expense 11,037.00 11,037.00 4,013.59 828.23 36.37 7,023.41 100-5150-10-05 Medicare Expense 2,581.00 2,581.00 938.66 193.71 36.37 1,642.34 100-5155-10-05 SUTA Expense 342.00 342.00 342.00 78.74 100.00 100-5160-10-05 Health/Dental Insurance 18,870.00 18,870.00 8,709.60 1,526.88 46.16 10,160.40 100-5165-10-05 Dental Insurance 988.00 988.00 373.32 75.42 37.79 614.68 Item 5d 24 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5170-10-05 Life Insurance 184.00 184.00 106.20 22.44 57.72 77.80 100-5175-10-05 Liability (TML)/Workers' Comp 363.00 363.00 71.57 14.70 19.72 291.43 100-5180-10-05 TMRS Expense 23,906.00 23,906.00 9,186.85 1,985.09 38.43 14,719.15 100-5185-10-05 Long/Short Term Disability 323.00 323.00 132.87 27.12 41.14 190.13 100-5186-10-05 WELLE-Wellness Prog Reimb Empl 75.00 50.00 - 75.00 100-5210-10-05 Supplies 500.00 500.00 209.92 67.48 41.98 290.08 100-5212-10-05 Building Supplies 500.00 500.00 36.54 4.56 7.31 463.46 100-5220-10-05 Office Equipment 1,000.00 1,000.00 890.39 810.91 89.04 109.61 100-5225-10-05 Computer Hardware 30,860.00 30,860.00 11,146.83 979.91 36.12 18,733.26 100-5230-10-05 Dues,Fees,& Subscriptions 500.00 500.00 150.00 30.00 350.00 100-5240-10-05 Postage and Delivery 300.00 300.00 160.91 21.35 53.64 139.09 100-5280-10-05 Printing and Reproduction 200.00 200.00 200.00 100-5290-10-05 Other Charges and Services 50.40 50.40 - 50.40 100-5330-10-05 Copier Expense 28,730.00 28,730.00 11,688.72 2,323.80 16,161.29 40.69 879.99 100-5400-10-05 Uniform Expense 800.00 800.00 800.00 100-5410-10-05 Professional Services 5,000.00 5,000.00 207.00 4.14 4,793.00 100-5418-10-05 IT Fees 42,450.00 42,450.00 12,774.15 4,670.23 1,750.00 30.09 27,925.85 100-5419-10-05 IT Licenses 88,700.00 88,700.00 32,187.72 31,414.80 36.29 56,512.28 100-5430-10-05 Legal Fees 1,000.00 1,000.00 418.00 418.00 41.80 582.00 100-5480-10-05 Contracted Services 33,000.00 33,000.00 147.50 0.45 32,852.50 100-5520-10-05 Telephones 30,663.00 30,663.00 15,092.55 2,673.64 49.22 15,570.45 100-5526-10-05 Data Network 58,232.00 58,232.00 28,874.53 3,825.76 49.59 29,357.47 100-5530-10-05 Travel 3,720.00 3,720.00 3,720.00 100-5533-10-05 Mileage Expense 1,500.00 1,500.00 653.78 43.59 846.22 100-5536-10-05 Training/Seminars 7,000.00 7,000.00 604.80 151.20 8.64 6,395.20 100-5620-10-05 Tools & Equipment 1,000.00 1,000.00 347.99 10.12 34.80 652.01 100-5630-10-05 Safety Equipment 500.00 500.00 500.00 100-5110-10-07 Salaries & Wages 119,401.00 5,993.72 125,394.72 44,974.64 9,182.79 35.87 80,420.08 100-5115-10-07 Salaries - Overtime 251.00 251.00 251.00 100-5126-10-07 Salaries-Vacation Buy-Out 3,174.00 3,174.00 3,173.76 99.99 0.24 100-5128-10-07 Language Pay 2,250.00 2,250.00 800.00 200.00 35.56 1,450.00 100-5140-10-07 Salaries - Longevity Pay 235.00 235.00 190.00 80.85 45.00 100-5145-10-07 Social Security Expense 7,632.00 7,632.00 2,716.56 513.46 35.59 4,915.44 100-5150-10-07 Medicare Expense 1,785.00 1,785.00 635.33 120.09 35.59 1,149.67 100-5155-10-07 SUTA Expense 342.00 342.00 270.92 98.71 79.22 71.08 100-5160-10-07 Health/Dental Insurance 20,026.00 20,026.00 9,387.58 1,574.48 46.88 10,638.42 100-5165-10-07 Dental Insurance 898.00 898.00 344.60 67.42 38.37 553.40 100-5170-10-07 Life Insurance 184.00 184.00 81.80 18.76 44.46 102.20 100-5175-10-07 Liability (TML)/Workers' Comp 249.00 249.00 48.47 9.18 19.47 200.53 100-5180-10-07 TMRS Expense 16,528.00 16,528.00 6,196.73 1,236.00 37.49 10,331.27 Item 5d 25 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5185-10-07 Long/Short Term Disability 221.00 221.00 85.44 17.44 38.66 135.56 100-5186-10-07 WELLE-Wellness Prog Reimb Empl 600.00 600.00 150.00 25.00 450.00 100-5191-10-07 Hiring Cost 400.00 - 400.00 100-5210-10-07 Supplies 1,700.00 1,700.00 957.27 79.48 56.31 742.73 100-5212-10-07 Building Supplies 3,749.00 3,749.00 1,754.07 264.26 46.79 1,994.93 100-5220-10-07 Office Equipment 200.00 200.00 200.00 100.00 100-5230-10-07 Dues,Fees,& Subscriptions 250.00 250.00 80.00 32.00 170.00 100-5240-10-07 Postage and Delivery 1,400.00 1,400.00 340.25 24.30 1,059.75 100-5250-10-07 Publications 100.00 100.00 40.95 40.95 59.05 100-5280-10-07 Printing and Reproduction 700.00 700.00 170.00 24.29 530.00 100-5290-10-07 Other Charges and Services 50.40 50.40 - 50.40 100-5310-10-07 Rental Expense 36,920.00 36,920.00 17,952.00 2,972.50 5,945.00 48.62 13,023.00 100-5320-10-07 Repairs & Maintenance 500.00 500.00 183.17 36.63 316.83 100-5330-10-07 Copier Expense 1,850.00 1,850.00 698.70 174.96 37.77 1,151.30 100-5418-10-07 IT Fees 6,610.00 6,610.00 3,918.48 59.28 2,691.52 100-5420-10-07 Municipal Court/Judge Fees 24,000.00 24,000.00 7,600.00 1,800.00 31.67 16,400.00 100-5425-10-07 State Fines Expense 1,200.00 1,200.00 837.48 209.37 69.79 362.52 100-5430-10-07 Legal Fees 31,200.00 31,200.00 8,026.62 2,820.00 25.73 23,173.38 100-5480-10-07 Contracted Services 4,800.00 4,800.00 2,380.00 455.00 49.58 2,420.00 100-5524-10-07 Gas 750.00 750.00 334.81 69.22 44.64 415.19 100-5525-10-07 Electricity 1,500.00 1,500.00 405.50 126.98 27.03 1,094.50 100-5530-10-07 Travel 700.00 700.00 381.55 54.51 318.45 100-5533-10-07 Mileage Expense 700.00 700.00 320.29 7.49 45.76 379.71 100-5536-10-07 Training/Seminars 700.00 700.00 150.00 150.00 21.43 550.00 100-5110-10-99 Salaries & Wages 136,864.00 - 136,864.00 100-5176-10-99 TML Prop. & Liab. Insurance 110,000.00 110,000.00 94,455.60 85.87 15,544.40 100-5305-10-99 Chapt 380 Program Grant Exp 183,600.00 183,600.00 53,697.11 1,315.19 29.25 129,902.89 100-5410-10-99 Professional Services 62,500.00 62,500.00 33,664.24 7,812.50 31,250.00 53.86 - 2,414.24 100-5480-10-99 Contracted Services 48,000.00 48,000.00 15,000.00 3,000.00 21,000.00 31.25 12,000.00 100-5600-10-99 Special Events 5,000.00 5,000.00 5,000.00 100-5930-10-99 Damage Claims Expense 2,600.00 2,600.00 - 2,600.00 100-6125-10-99 Capital Expense Technology 84,795.00 84,795.00 35,331.25 7,066.25 41.67 49,463.75 100-6140-10-99 Capital Expenditure Equipment 77,874.00 77,874.00 32,447.50 6,489.50 41.67 45,426.50 100-6160-10-99 Capital Expenditure Vehicles 280,489.00 280,489.00 116,870.40 23,374.08 41.67 163,618.60 100-7000-10-99 Contingency 50,000.00 50,000.00 26,771.55 10,263.82 53.54 23,228.45 100-5110-20-01 Salaries & Wages 1,602,812.00 204,445.83 1,807,257.83 509,849.85 111,398.46 28.21 1,297,407.98 100-5115-20-01 Salaries - Overtime 75,386.00 75,386.00 29,714.86 9,278.15 39.42 45,671.14 100-5126-20-01 Salaries-Vacation Buy-Out 14,523.00 14,523.00 13,492.36 92.90 1,030.64 100-5127-20-01 Salaries-Certification Pay 23,130.00 23,130.00 8,792.09 1,887.61 38.01 14,337.91 100-5140-20-01 Salaries - Longevity Pay 5,785.00 5,785.00 5,285.00 91.36 500.00 Item 5d 26 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5143-20-01 Cell Phone Allowance 1,980.00 1,980.00 575.00 115.00 29.04 1,405.00 100-5145-20-01 Social Security Expense 106,841.00 106,841.00 32,658.72 7,372.68 30.57 74,182.28 100-5150-20-01 Medicare Expense 24,987.00 24,987.00 7,939.71 1,724.25 31.78 17,047.29 100-5155-20-01 SUTA Expense 4,617.00 4,617.00 3,583.16 1,503.64 77.61 1,033.84 100-5160-20-01 Health/Dental Insurance 171,917.00 171,917.00 61,686.20 10,612.82 35.88 110,230.80 100-5165-20-01 Dental Insurance 10,181.00 10,181.00 3,116.07 658.29 30.61 7,064.93 100-5170-20-01 Life Insurance 7,114.00 7,114.00 2,743.77 677.97 38.57 4,370.23 100-5175-20-01 Liability (TML)/Workers' Comp 30,330.00 30,330.00 19,554.29 4,210.99 64.47 10,775.71 100-5180-20-01 TMRS Expense 231,450.00 231,450.00 72,786.07 16,529.89 31.45 158,663.93 100-5185-20-01 Long/Short Term Disability 3,009.00 3,009.00 937.83 207.63 31.17 2,071.17 100-5186-20-01 WELLE-Wellness Prog Reimb Empl 5,550.00 5,550.00 524.12 128.32 9.44 5,025.88 100-5191-20-01 Hiring Cost 1,100.00 1,100.00 2,356.90 1,061.00 214.26 - 1,256.90 100-5192-20-01 Physical & Psychological 300.00 300.00 300.00 100-5210-20-01 Supplies 12,313.00 12,313.00 12,563.49 2,632.59 102.03 - 250.49 100-5212-20-01 Building Supplies 900.00 900.00 479.11 165.07 53.23 420.89 100-5214-20-01 Tactical Supplies 31,009.00 31,009.00 28,577.51 6,459.64 92.16 - 4,028.15 100-5215-20-01 Ammunition 24,204.00 24,204.00 13,318.80 13,318.80 6,628.54 55.03 4,256.66 100-5220-20-01 Office Equipment 4,060.00 4,060.00 2,688.10 439.80 242.98 66.21 1,128.92 100-5230-20-01 Dues,Fees,& Subscriptions 9,700.00 9,700.00 5,487.77 50.99 56.58 4,212.23 100-5240-20-01 Postage and Delivery 750.00 750.00 443.42 114.28 59.12 306.58 100-5250-20-01 Publications 400.00 400.00 400.00 100-5265-20-01 Promotional Expense 1,000.00 1,000.00 1,000.00 100-5280-20-01 Printing and Reproduction 500.00 500.00 725.72 81.01 145.14 - 225.72 100-5310-20-01 Rental Expense 4,200.00 4,200.00 2,339.20 324.90 55.70 1,860.80 100-5330-20-01 Copier Expense 2,060.00 2,060.00 759.17 202.14 36.85 1,300.83 100-5335-20-01 Radio/Video Repairs 500.00 500.00 500.00 100-5340-20-01 Building Repairs 2,000.00 2,000.00 2,000.00 100-5350-20-01 Vehicle Expense 92,000.00 92,000.00 20,581.14 2,862.89 22.37 71,418.86 100-5352-20-01 Fuel 54,000.00 54,000.00 18,500.06 4,675.97 34.26 35,499.94 100-5353-20-01 Oil/Grease/Inspections 3,500.00 3,500.00 34.50 0.99 3,465.50 100-5400-20-01 Uniform Expense 20,300.00 20,300.00 14,425.19 4,302.03 1,563.60 71.06 4,311.21 100-5410-20-01 Professional Services 91,600.00 91,600.00 - 661.00 - 0.72 92,261.00 100-5415-20-01 Tution Reimbursement 5,000.00 5,000.00 5,000.00 100-5418-20-01 IT Fees 1,000.00 1,000.00 1,000.00 100.00 100-5419-20-01 IT Licenses 1,000.00 1,000.00 1,000.00 100-5430-20-01 Legal Fees 7,550.00 7,550.00 5,027.00 1,805.00 66.58 2,523.00 100-5435-20-01 Legal Notices/Filings 69.20 - 69.20 100-5480-20-01 Contracted Services 27,824.00 27,824.00 11,310.87 666.04 40.65 16,513.13 100-5520-20-01 Telephones 8,310.00 8,310.00 1,459.28 449.82 17.56 6,850.72 100-5521-20-01 Cell Phone Expense 600.00 600.00 600.00 Item 5d 27 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5524-20-01 Gas 400.00 400.00 400.00 100-5525-20-01 Electricity 10,000.00 10,000.00 3,859.10 991.30 38.59 6,140.90 100-5526-20-01 Data Network 13,760.00 13,760.00 2,815.62 625.38 20.46 10,944.38 100-5530-20-01 Travel 6,450.00 6,450.00 1,257.79 420.12 19.50 5,192.21 100-5533-20-01 Mileage Expense 500.00 500.00 62.10 12.42 437.90 100-5536-20-01 Training/Seminars 16,000.00 16,000.00 9,062.97 2,113.37 56.64 6,937.03 100-5600-20-01 Special Events 4,000.00 4,000.00 199.91 142.09 5.00 3,800.09 100-5630-20-01 Safety Equipment 23,100.00 23,100.00 11,956.20 5,718.59 51.76 11,143.80 100-5640-20-01 Signs & Hardware 500.00 500.00 500.00 100-6140-20-01 Capital Expense-Equipment 81,200.00 81,200.00 78,705.24 96.93 2,494.76 100-6160-20-01 Capital Expense-Vehicles 180,000.00 180,000.00 150,267.96 29,732.04 100-5110-20-05 Salaries & Wages 409,992.00 12,747.44 422,739.44 140,644.92 28,760.00 33.27 282,094.52 100-5115-20-05 Salaries - Overtime 10,545.00 10,545.00 4,102.29 1,070.58 38.90 6,442.71 100-5127-20-05 Salaries-Certification Pay 11,280.00 11,280.00 4,301.34 932.26 38.13 6,978.66 100-5140-20-05 Salaries - Longevity Pay 1,875.00 1,875.00 1,725.00 92.00 150.00 100-5145-20-05 Social Security Expense 26,840.00 26,840.00 8,909.00 1,804.91 33.19 17,931.00 100-5150-20-05 Medicare Expense 6,277.00 6,277.00 2,083.55 422.12 33.19 4,193.45 100-5155-20-05 SUTA Expense 1,539.00 1,539.00 1,148.16 564.95 74.60 390.84 100-5160-20-05 Health/Dental Insurance 40,164.00 40,164.00 18,951.94 3,467.82 47.19 21,212.06 100-5165-20-05 Dental Insurance 3,192.00 3,192.00 1,367.50 273.50 42.84 1,824.50 100-5170-20-05 Life Insurance 827.00 827.00 327.20 75.04 39.57 499.80 100-5175-20-05 Liability (TML)/Workers' Comp 860.00 860.00 150.77 30.72 17.53 709.23 100-5180-20-05 TMRS Expense 58,126.00 58,126.00 19,472.04 4,168.79 33.50 38,653.96 100-5185-20-05 Long/Short Term Disability 754.00 754.00 261.88 52.35 34.73 492.12 100-5186-20-05 WELLE-Wellness Prog Reimb Empl 3,000.00 3,000.00 1,207.86 208.74 40.26 1,792.14 100-5191-20-05 Hiring Cost 100.00 100.00 100.00 100-5192-20-05 Physical & Psychological 1,000.00 1,000.00 1,000.00 100-5210-20-05 Supplies 5,463.00 5,463.00 1,940.28 233.50 35.52 3,522.72 100-5212-20-05 Building Supplies 1,500.00 1,500.00 1,500.00 100-5220-20-05 Office Equipment 1,500.00 1,500.00 1,500.00 100-5230-20-05 Dues,Fees,& Subscriptions 1,000.00 1,000.00 556.05 95.99 55.61 443.95 100-5240-20-05 Postage and Delivery 100.00 100.00 31.54 31.54 68.46 100-5250-20-05 Publications 100.00 100.00 100.00 100-5280-20-05 Printing and Reproduction 100.00 100.00 100.00 100-5320-20-05 Repairs & Maintenance 35.94 - 35.94 100-5330-20-05 Copier Expense 500.00 500.00 226.89 71.66 45.38 273.11 100-5340-20-05 Building Repairs 3,000.00 3,000.00 698.50 23.28 2,301.50 100-5350-20-05 Vehicle Expense 85.99 - 85.99 100-5400-20-05 Uniform Expense 1,500.00 1,500.00 1,500.00 100-5430-20-05 Legal Fees 500.00 500.00 500.00 Item 5d 28 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5480-20-05 Contracted Services 176,849.00 176,849.00 146,548.76 59,134.28 12,035.68 82.87 18,264.56 100-5520-20-05 Telephones 2,499.00 2,499.00 253.36 50.57 10.14 2,245.64 100-5524-20-05 Gas 300.00 300.00 456.43 89.04 152.14 - 156.43 100-5530-20-05 Travel 1,000.00 1,000.00 1,000.00 100-5533-20-05 Mileage Expense 500.00 500.00 500.00 100-5536-20-05 Training/Seminars 350.00 - 350.00 100-5600-20-05 Special Events 500.00 500.00 500.00 100-5620-20-05 Tools & Equipment 438.81 - 438.81 100-5110-30-01 Salaries & Wages 2,549,515.00 282,311.48 2,831,826.48 835,836.30 162,812.26 29.52 1,995,990.18 100-5115-30-01 Salaries - Overtime 319,972.00 319,972.00 186,957.82 38,991.25 58.43 133,014.18 100-5126-30-01 Salaries-Vacation Buy-Out 6,574.00 6,574.00 4,658.00 70.86 1,916.00 100-5127-30-01 Salaries-Certification Pay 32,280.00 32,280.00 8,677.32 1,744.68 26.88 23,602.68 100-5140-30-01 Salaries - Longevity Pay 12,105.00 12,105.00 10,070.00 83.19 2,035.00 100-5143-30-01 Cell Phone Allowance 5,820.00 5,820.00 2,000.00 400.00 34.36 3,820.00 100-5145-30-01 Social Security Expense 179,454.00 179,454.00 61,241.36 11,917.62 34.13 118,212.64 100-5150-30-01 Medicare Expense 42,365.00 42,365.00 14,402.81 2,787.24 34.00 27,962.19 100-5155-30-01 SUTA Expense 7,524.00 7,524.00 6,587.81 1,481.07 87.56 936.19 100-5160-30-01 Health/Dental Insurance 244,033.00 244,033.00 99,818.64 17,442.80 40.90 144,214.36 100-5165-30-01 Dental Insurance 14,490.00 14,490.00 4,803.52 1,018.02 33.15 9,686.48 100-5170-30-01 Life Insurance 9,733.00 9,733.00 4,135.85 943.12 42.49 5,597.15 100-5171-30-01 Life Insurance-Supplemental 8,000.00 8,000.00 7,471.00 93.39 529.00 100-5175-30-01 Liability (TML)/Workers' Comp 38,222.00 38,222.00 31,141.37 6,029.30 81.48 7,080.63 100-5180-30-01 TMRS Expense 371,292.00 371,292.00 129,601.08 26,881.16 34.91 241,690.92 100-5185-30-01 Long/Short Term Disability 4,410.00 4,410.00 1,413.33 283.73 32.05 2,996.67 100-5186-30-01 WELLE-Wellness Prog Reimb Empl 7,050.00 7,050.00 1,736.52 306.64 24.63 5,313.48 100-5190-30-01 Contract Labor 1,440.00 1,440.00 1,440.00 100-5191-30-01 Hiring Cost 1,000.00 1,000.00 1,000.00 100-5194-30-01 FD Annual Phy & Screening 32,900.00 32,900.00 4,642.00 735.50 14.11 28,258.00 100-5210-30-01 Supplies 10,321.00 10,321.00 3,289.62 785.35 31.87 7,031.38 100-5212-30-01 Building Supplies 12,000.00 12,000.00 2,027.30 9.97 16.89 9,972.70 100-5220-30-01 Office Equipment 1,350.00 1,350.00 2,041.18 1,967.00 1,187.35 151.20 - 1,878.53 100-5230-30-01 Dues,Fees,& Subscriptions 6,250.00 6,250.00 4,308.65 300.00 68.94 1,941.35 100-5240-30-01 Postage and Delivery 250.00 250.00 162.18 47.00 64.87 87.82 100-5250-30-01 Publications 700.00 700.00 700.00 100-5280-30-01 Printing and Reproduction 1,900.00 1,900.00 1,900.00 100-5320-30-01 Repairs & Maintenance 18,000.00 18,000.00 5,119.61 927.42 28.44 12,880.39 100-5330-30-01 Copier Expense 3,613.00 3,613.00 817.89 192.24 22.64 2,795.11 100-5335-30-01 Radio/Video Equip. and Repairs 6,000.00 6,000.00 395.00 75.00 6.58 5,605.00 100-5340-30-01 Building Repairs 26,517.00 26,517.00 1,035.53 3.91 25,481.47 100-5350-30-01 Vehicle Expense 45,000.00 45,000.00 6,019.52 866.24 13.38 38,980.48 Item 5d 29 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5352-30-01 Fuel 20,000.00 20,000.00 7,405.86 2,184.40 37.03 12,594.14 100-5353-30-01 Oil/Grease/Inspections 67.75 16.25 - 67.75 100-5400-30-01 Uniform Expense 33,500.00 33,500.00 895.81 149.98 13,095.10 2.67 19,509.09 100-5410-30-01 Professional Services 7,500.00 7,500.00 3,502.62 1,021.51 46.70 3,997.38 100-5430-30-01 Legal Fees 2,000.00 2,000.00 304.00 190.00 15.20 1,696.00 100-5440-30-01 EMS 96,407.00 96,407.00 24,080.07 1,033.80 12,949.69 24.98 59,377.24 100-5445-30-01 Emergency Management 20,000.00 20,000.00 6,220.28 53.97 31.10 13,779.72 100-5480-30-01 Contracted Services 12,730.00 12,730.00 4,792.14 281.03 37.64 7,937.86 100-5520-30-01 Telephones 1,525.00 1,525.00 623.22 124.68 40.87 901.78 100-5521-30-01 Cell Phone Expense 1,620.00 1,620.00 1,620.00 100-5524-30-01 Gas 13,000.00 13,000.00 1,719.20 247.48 13.23 11,280.80 100-5525-30-01 Electricity 50,000.00 50,000.00 10,990.51 2,179.58 21.98 39,009.49 100-5526-30-01 Data Network 9,282.00 9,282.00 2,550.41 547.33 27.48 6,731.59 100-5530-30-01 Travel 3,000.00 3,000.00 497.14 296.00 16.57 2,502.86 100-5533-30-01 Mileage Expense 1,500.00 1,500.00 254.66 16.98 1,245.34 100-5536-30-01 Training/Seminars 20,175.00 20,175.00 6,234.83 320.78 30.90 13,940.17 100-5610-30-01 Fire Fighting Equipment 20,000.00 20,000.00 1,876.00 9.38 18,124.00 100-5630-30-01 Safety Equipment 31,000.00 31,000.00 2,693.87 2,693.87 8.69 28,306.13 100-6140-30-01 Capital Expense-Equipment 8,800.00 8,800.00 8,800.00 100-6160-30-01 Capital Expense-Vehicles 49,626.00 49,626.00 48,315.97 1,310.03 100-5110-30-05 Salaries & Wages 141,865.00 21,310.17 163,175.17 55,040.19 12,136.00 33.73 108,134.98 100-5115-30-05 Salaries - Overtime 22,904.00 22,904.00 2,896.52 95.09 12.65 20,007.48 100-5126-30-05 Salaries-Vacation Buy-Out 1,772.00 1,772.00 1,772.00 100-5140-30-05 Salaries - Longevity Pay 755.00 755.00 750.00 99.34 5.00 100-5143-30-05 Cell Phone Allowance 1,740.00 1,740.00 675.00 150.00 38.79 1,065.00 100-5145-30-05 Social Security Expense 10,522.00 10,522.00 3,347.20 697.30 31.81 7,174.80 100-5150-30-05 Medicare Expense 2,461.00 2,461.00 782.78 163.07 31.81 1,678.22 100-5155-30-05 SUTA Expense 342.00 342.00 519.02 97.61 151.76 - 177.02 100-5160-30-05 Health/Dental Insurance 15,514.00 15,514.00 5,785.42 1,300.36 37.29 9,728.58 100-5165-30-05 Dental Insurance 925.00 925.00 329.88 72.54 35.66 595.12 100-5170-30-05 Life Insurance 464.00 464.00 249.15 63.08 53.70 214.85 100-5175-30-05 Liability (TML)/Workers' Comp 2,138.00 2,138.00 1,266.10 244.60 59.22 871.90 100-5180-30-05 TMRS Expense 22,797.00 22,797.00 7,651.85 1,673.21 33.57 15,145.15 100-5185-30-05 Long/Short Term Disability 301.00 301.00 104.49 23.06 34.71 196.51 100-5186-30-05 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 250.00 50.00 20.83 950.00 100-5191-30-05 Hiring Cost 100.00 100.00 100.00 100-5193-30-05 Records Retention 250.00 250.00 250.00 100-5194-30-05 FD Annual Phy & Screening 1,614.00 1,614.00 1,614.00 100-5210-30-05 Supplies 250.00 250.00 246.04 150.39 98.42 3.96 100-5215-30-05 Ammunition 1,250.00 1,250.00 355.18 355.18 28.41 894.82 Item 5d 30 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5220-30-05 Office Equipment 4,355.00 4,355.00 1,975.74 45.37 2,379.26 100-5230-30-05 Dues,Fees,& Subscriptions 350.00 350.00 195.00 170.00 55.71 155.00 100-5240-30-05 Postage and Delivery 60.00 60.00 60.00 100-5250-30-05 Publications 1,300.00 1,300.00 1,300.00 100-5260-30-05 Advertising 3,000.00 3,000.00 3,000.00 100-5280-30-05 Printing and Reproduction 500.00 500.00 105.30 21.06 394.70 100-5335-30-05 Radio/Video Equip. and Repairs 4,500.00 4,500.00 4,680.00 104.00 - 180.00 100-5350-30-05 Vehicle Expense 800.00 800.00 45.54 5.69 754.46 100-5352-30-05 Fuel 4,000.00 4,000.00 288.52 125.18 7.21 3,711.48 100-5353-30-05 Oil/Grease/Inspections 750.00 750.00 750.00 100-5400-30-05 Uniform Expense 2,690.00 2,690.00 85.50 3.18 2,604.50 100-5418-30-05 IT Fees 360.00 360.00 360.00 100-5419-30-05 IT Licenses 150.00 150.00 150.00 100-5430-30-05 Legal Fees 2,500.00 2,500.00 2,500.00 100-5480-30-05 Contracted Services 2,000.00 2,000.00 2,000.00 100-5520-30-05 Telephones 765.00 765.00 765.00 100-5521-30-05 Cell Phone Expense 250.00 250.00 250.00 100-5526-30-05 Data Network 1,440.00 1,440.00 516.31 110.97 35.86 923.69 100-5530-30-05 Travel 1,000.00 1,000.00 1,000.00 100-5533-30-05 Mileage Expense 750.00 750.00 573.53 213.47 76.47 176.47 100-5536-30-05 Training/Seminars 4,700.00 4,700.00 307.31 6.54 4,392.69 100-5620-30-05 Tools & Equipment 450.00 450.00 450.00 100-5630-30-05 Safety Equipment 4,100.00 4,100.00 2,128.37 2,128.37 51.91 1,971.63 100-5640-30-05 Signs & Hardware 1,250.00 1,250.00 1,250.00 100-6160-30-05 Capital Expense-Vehicles 41,000.00 41,000.00 39,098.27 1,901.73 100-5110-40-01 Salaries & Wages 741,065.00 9,643.14 750,708.14 285,076.09 57,606.69 37.97 465,632.05 100-5115-40-01 Salaries - Overtime 42,831.00 42,831.00 2,148.44 375.84 5.02 40,682.56 100-5126-40-01 Salaries-Vacation Buy-Out 3,640.00 3,640.00 3,640.00 100-5140-40-01 Salaries - Longevity Pay 2,180.00 2,180.00 1,960.00 89.91 220.00 100-5143-40-01 Cell Phone Allowance 3,120.00 3,120.00 1,300.00 260.00 41.67 1,820.00 100-5145-40-01 Social Security Expense 49,245.00 49,245.00 16,476.11 3,295.82 33.46 32,768.89 100-5150-40-01 Medicare Expense 11,517.00 11,517.00 3,853.29 770.77 33.46 7,663.71 100-5155-40-01 SUTA Expense 2,223.00 2,223.00 2,044.56 872.86 91.97 178.44 100-5160-40-01 Health/Dental Insurance 69,428.00 69,428.00 34,333.42 6,758.18 49.45 35,094.58 100-5165-40-01 Dental Insurance 4,692.00 4,692.00 1,960.22 392.26 41.78 2,731.78 100-5170-40-01 Life Insurance 1,195.00 1,195.00 531.70 121.94 44.49 663.30 100-5175-40-01 Liability (TML)/Workers' Comp 3,003.00 3,003.00 64.82 12.90 2.16 2,938.18 100-5180-40-01 TMRS Expense 106,638.00 106,638.00 37,188.55 7,839.45 34.87 69,449.45 100-5185-40-01 Long/Short Term Disability 1,367.00 1,367.00 535.64 109.42 39.18 831.36 100-5210-40-01 Supplies 7,800.00 7,800.00 1,200.01 274.92 15.39 6,599.99 Item 5d 31 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5212-40-01 Building Supplies 2,200.00 2,200.00 1,222.09 200.79 55.55 977.91 100-5220-40-01 Office Equipment 9,100.00 9,100.00 945.14 39.70 10.39 8,154.86 100-5230-40-01 Dues,Fees,& Subscriptions 64,721.00 64,721.00 64,025.50 525.00 2,000.00 98.93 - 1,304.50 100-5240-40-01 Postage and Delivery 50.00 50.00 15.60 31.20 34.40 100-5250-40-01 Publications 2,000.00 2,000.00 2,000.00 100-5280-40-01 Printing and Reproduction 1,000.00 1,000.00 146.26 14.63 853.74 100-5310-40-01 Rental Expense 3,372.00 3,372.00 1,685.40 280.90 1,685.40 49.98 1.20 100-5330-40-01 Copier Expense 3,485.00 3,485.00 709.95 119.02 20.37 2,775.05 100-5340-40-01 Building Repairs 12,000.00 12,000.00 1,242.75 10.36 10,757.25 100-5350-40-01 Vehicle Expense 3,500.00 3,500.00 268.41 7.67 3,231.59 100-5352-40-01 Fuel 9,000.00 9,000.00 1,874.95 540.36 20.83 7,125.05 100-5353-40-01 Oil/Grease/Inspections 938.00 938.00 110.43 62.54 11.77 827.57 100-5400-40-01 Uniform Expense 3,250.00 3,250.00 3,250.00 100-5410-40-01 Professional Services 250,000.00 250,000.00 163,403.90 6,352.28 87,496.10 65.36 - 900.00 100-5418-40-01 IT Fees 1,000.00 1,000.00 1,000.00 100-5430-40-01 Legal Fees 500.00 500.00 57.00 11.40 443.00 100-5465-40-01 Public Relations 500.00 500.00 500.00 100-5475-40-01 Credit Card Fees 10,000.00 10,000.00 7,115.36 956.48 71.15 2,884.64 100-5480-40-01 Contracted Services 4,400.00 4,400.00 1,140.00 220.00 25.91 3,260.00 100-5520-40-01 Telephones 3,100.00 3,100.00 257.22 51.42 8.30 2,842.78 100-5525-40-01 Electricity 9,600.00 9,600.00 430.07 158.98 4.48 9,169.93 100-5526-40-01 Data Network 3,648.00 3,648.00 1,519.60 303.92 41.66 2,128.40 100-5530-40-01 Travel 5,000.00 5,000.00 37.66 0.75 4,962.34 100-5533-40-01 Mileage Expense 2,400.00 2,400.00 29.21 1.22 2,370.79 100-5536-40-01 Training/Seminars 12,860.00 12,860.00 1,306.04 454.19 10.16 11,553.96 100-5620-40-01 Tools & Equipment 1,000.00 1,000.00 555.17 149.48 55.52 444.83 100-5630-40-01 Safety Equipment 1,500.00 1,500.00 206.00 13.73 1,294.00 100-5640-40-01 Signs & Hardware 4,561.00 4,561.00 2,078.98 45.58 2,482.02 100-5110-40-02 Salaries & Wages 51,995.00 4,994.81 56,989.81 19,706.41 4,000.00 34.58 37,283.40 100-5115-40-02 Salaries - Overtime 828.00 828.00 828.00 100-5126-40-02 Salaries-Vacation Buy-Out 1,942.00 1,942.00 1,942.00 100-5140-40-02 Salaries - Longevity Pay 390.00 390.00 385.00 98.72 5.00 100-5145-40-02 Social Security Expense 3,421.00 3,421.00 1,079.23 214.72 31.55 2,341.77 100-5150-40-02 Medicare Expense 801.00 801.00 252.40 50.21 31.51 548.60 100-5155-40-02 SUTA Expense 171.00 171.00 151.47 76.11 88.58 19.53 100-5160-40-02 Health/Dental Insurance 4,944.00 4,944.00 3,456.42 728.46 69.91 1,487.58 100-5165-40-02 Dental Insurance 433.00 433.00 172.20 34.44 39.77 260.80 100-5170-40-02 Life Insurance 92.00 92.00 40.90 9.38 44.46 51.10 100-5175-40-02 Liability (TML)/Workers' Comp 248.00 248.00 248.00 100-5180-40-02 TMRS Expense 7,412.00 7,412.00 2,572.08 538.40 34.70 4,839.92 Item 5d 32 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5185-40-02 Long/Short Term Disability 96.00 96.00 37.47 7.60 39.03 58.53 100-5210-40-02 Supplies 500.00 500.00 135.78 27.16 364.22 100-5230-40-02 Dues,Fees,& Subscriptions 370.00 370.00 160.00 120.00 43.24 210.00 100-5240-40-02 Postage and Delivery 375.00 375.00 104.15 25.98 27.77 270.85 100-5280-40-02 Printing and Reproduction 700.00 700.00 700.00 100-5350-40-02 Vehicle Expense 1,500.00 1,500.00 1,500.00 100-5352-40-02 Fuel 700.00 700.00 358.21 105.90 51.17 341.79 100-5353-40-02 Oil/Grease/Inspections 100.00 100.00 26.36 26.36 73.64 100-5400-40-02 Uniform Expense 200.00 200.00 200.00 100-5430-40-02 Legal Fees 500.00 500.00 1,163.00 820.00 232.60 - 663.00 100-5435-40-02 Legal Notices/Filings 400.00 400.00 400.00 100-5480-40-02 Contracted Services 116,340.00 116,340.00 35,358.50 28,773.50 66,343.50 30.39 14,638.00 100-5520-40-02 Telephones 255.00 255.00 77.02 15.58 30.20 177.98 100-5526-40-02 Data Network 456.00 456.00 189.95 37.99 41.66 266.05 100-5533-40-02 Mileage Expense 250.00 250.00 105.07 105.07 42.03 144.93 100-5536-40-02 Training/Seminars 390.00 390.00 443.29 380.00 113.66 - 53.29 100-5600-40-02 Special Events 250.00 250.00 227.14 90.86 22.86 100-5620-40-02 Tools & Equipment 200.00 200.00 200.00 100-5640-40-02 Signs & Hardware 1,600.00 1,600.00 1,084.62 67.79 515.38 100-5110-40-03 Salaries & Wages 285,036.00 34,428.70 319,464.70 109,436.16 22,374.74 34.26 210,028.54 100-5115-40-03 Salaries - Overtime 1,219.00 1,219.00 925.11 153.06 75.89 293.89 100-5126-40-03 Salaries-Vacation Buy-Out 6,502.00 6,502.00 1,165.13 17.92 5,336.87 100-5140-40-03 Salaries - Longevity Pay 995.00 995.00 995.00 100.00 100-5143-40-03 Cell Phone Allowance 2,520.00 2,520.00 1,050.00 210.00 41.67 1,470.00 100-5145-40-03 Social Security Expense 18,379.00 18,379.00 6,583.39 1,314.04 35.82 11,795.61 100-5150-40-03 Medicare Expense 4,298.00 4,298.00 1,539.67 307.32 35.82 2,758.33 100-5155-40-03 SUTA Expense 684.00 684.00 649.93 221.91 95.02 34.07 100-5160-40-03 Health/Dental Insurance 36,214.00 36,214.00 17,130.02 2,850.46 47.30 19,083.98 100-5165-40-03 Dental Insurance 1,878.00 1,878.00 704.80 140.96 37.53 1,173.20 100-5170-40-03 Life Insurance 510.00 510.00 178.90 39.38 35.08 331.10 100-5175-40-03 Liability (TML)/Workers' Comp 889.00 889.00 70.25 13.92 7.90 818.75 100-5180-40-03 TMRS Expense 39,805.00 39,805.00 14,626.17 3,079.23 36.75 25,178.83 100-5185-40-03 Long/Short Term Disability 526.00 526.00 207.98 42.54 39.54 318.02 100-5186-40-03 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 670.80 139.16 37.27 1,129.20 100-5210-40-03 Supplies 4,000.00 4,000.00 557.52 137.47 13.94 3,442.48 100-5212-40-03 Building Supplies 1,000.00 1,000.00 486.17 42.68 48.62 513.83 100-5220-40-03 Office Equipment 3,600.00 3,600.00 2,123.12 2,123.12 58.98 1,476.88 100-5230-40-03 Dues,Fees,& Subscriptions 2,435.00 2,435.00 515.34 21.16 1,919.66 100-5240-40-03 Postage and Delivery 500.00 500.00 170.65 15.18 34.13 329.35 100-5280-40-03 Printing and Reproduction 300.00 300.00 445.37 148.46 - 145.37 Item 5d 33 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5290-40-03 Other Charges and Services 22.98 - 22.98 100-5330-40-03 Copier Expense 900.00 900.00 736.14 188.15 81.79 163.86 100-5340-40-03 Building Repairs 500.00 500.00 500.00 100-5352-40-03 Fuel 200.00 200.00 24.62 12.31 175.38 100-5400-40-03 Uniform Expense 300.00 300.00 300.00 100-5410-40-03 Professional Services 80,710.00 25,000.00 105,710.00 42,928.24 37,253.76 40.61 25,528.00 100-5415-40-03 Tution Reimbursement 294.29 - 294.29 100-5418-40-03 IT Fees 2,000.00 2,000.00 1,200.00 60.00 800.00 100-5430-40-03 Legal Fees 32,000.00 32,000.00 1,729.00 703.00 5.40 30,271.00 100-5435-40-03 Legal Notices/Filings 250.00 250.00 250.00 100-5480-40-03 Contracted Services 4,100.00 4,100.00 840.00 160.00 20.49 3,260.00 100-5526-40-03 Data Network 1,800.00 1,800.00 543.56 135.89 30.20 1,256.44 100-5530-40-03 Travel 3,860.00 3,860.00 1,098.33 58.31 28.45 2,761.67 100-5533-40-03 Mileage Expense 2,280.00 2,280.00 503.17 22.07 1,776.83 100-5536-40-03 Training/Seminars 3,600.00 3,600.00 986.93 573.52 27.42 2,613.07 100-5110-50-01 Salaries & Wages 156,768.00 7,345.02 164,113.02 50,846.83 9,625.04 30.98 113,266.19 100-5115-50-01 Salaries - Overtime 4,920.00 4,920.00 677.95 174.94 13.78 4,242.05 100-5140-50-01 Salaries - Longevity Pay 1,555.00 1,555.00 1,555.00 100.00 100-5145-50-01 Social Security Expense 10,133.00 10,133.00 3,090.17 579.47 30.50 7,042.83 100-5150-50-01 Medicare Expense 2,370.00 2,370.00 722.70 135.52 30.49 1,647.30 100-5155-50-01 SUTA Expense 513.00 513.00 322.27 139.94 62.82 190.73 100-5160-50-01 Health/Dental Insurance 26,890.00 26,890.00 7,987.23 1,130.16 29.70 18,902.77 100-5165-50-01 Dental Insurance 1,362.00 1,362.00 390.56 67.78 28.68 971.44 100-5170-50-01 Life Insurance 275.00 275.00 93.62 18.76 34.04 181.38 100-5175-50-01 Liability (TML)/Workers' Comp 7,519.00 7,519.00 5,282.01 976.69 70.25 2,236.99 100-5180-50-01 TMRS Expense 21,944.00 21,944.00 6,790.26 1,325.81 30.94 15,153.74 100-5185-50-01 Long/Short Term Disability 289.00 289.00 94.00 17.59 32.53 195.00 100-5186-50-01 WELLE-Wellness Prog Reimb Empl 100.00 50.00 - 100.00 100-5210-50-01 Supplies 300.00 300.00 300.00 100-5220-50-01 Office Equipment 1,500.00 1,500.00 1,500.00 100-5230-50-01 Dues,Fees,& Subscriptions 500.00 500.00 500.00 100-5250-50-01 Publications 50.00 50.00 50.00 100-5310-50-01 Rental Expense 13,000.00 13,000.00 8,762.98 67.41 4,237.02 100-5320-50-01 Repairs & Maintenance 4,000.00 4,000.00 35.06 0.88 3,964.94 100-5321-50-01 Signal Light Repairs 16,400.00 16,400.00 160.00 0.98 16,240.00 100-5340-50-01 Building Repairs 2,500.00 2,500.00 288.72 11.55 2,211.28 100-5350-50-01 Vehicle Expense 6,500.00 6,500.00 9,890.73 152.17 - 3,390.73 100-5352-50-01 Fuel 3,600.00 3,600.00 1,748.55 548.72 48.57 1,851.45 100-5353-50-01 Oil/Grease/Inspections 200.00 200.00 25.71 12.86 174.29 100-5400-50-01 Uniform Expense 3,600.00 3,600.00 481.42 13.37 3,118.58 Item 5d 34 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5430-50-01 Legal Fees 4,000.00 4,000.00 1,282.79 750.79 32.07 2,717.21 100-5480-50-01 Contracted Services 212,652.00 45,000.00 257,652.00 19,595.33 51,758.38 7.61 186,298.29 100-5520-50-01 Telephones 1,780.00 1,780.00 355.93 86.41 20.00 1,424.07 100-5525-50-01 Electricity 177,388.00 177,388.00 68,616.38 16,417.61 38.68 108,771.62 100-5526-50-01 Data Network 100.00 100.00 36.91 7.00 36.91 63.09 100-5530-50-01 Travel 800.00 800.00 800.00 100-5536-50-01 Training/Seminars 1,400.00 1,400.00 871.29 62.24 528.71 100-5620-50-01 Tools & Equipment 3,000.00 3,000.00 1,099.98 542.12 36.67 1,900.02 100-5630-50-01 Safety Equipment 3,100.00 3,100.00 366.46 11.82 2,733.54 100-5640-50-01 Signs & Hardware 25,000.00 25,000.00 9,768.08 1,136.68 39.07 15,231.92 100-5650-50-01 Maintenance Materials 65,000.00 65,000.00 26,502.66 4,083.10 31,560.63 40.77 6,936.71 100-6110-50-01 Capital Expenditure 1,425,000.00 - 975,000.00 450,000.00 35,300.00 414,700.00 100-7100-50-01 Operating Transfer Out 1,265,000.00 975,000.00 2,240,000.00 933,333.35 186,666.67 41.67 1,306,666.65 100-5110-60-01 Salaries & Wages 246,641.00 7,580.24 254,221.24 85,953.33 22,113.40 33.81 168,267.91 100-5115-60-01 Salaries - Overtime 4,250.00 4,250.00 278.59 34.34 6.56 3,971.41 100-5126-60-01 Salaries-Vacation Buy-Out 3,059.00 3,059.00 3,059.00 100-5140-60-01 Salaries - Longevity Pay 550.00 550.00 280.00 50.91 270.00 100-5143-60-01 Cell Phone Allowance 360.00 360.00 550.00 155.00 152.78 - 190.00 100-5145-60-01 Social Security Expense 15,810.00 15,810.00 5,158.19 1,304.92 32.63 10,651.81 100-5150-60-01 Medicare Expense 3,698.00 3,698.00 1,206.35 305.19 32.62 2,491.65 100-5155-60-01 SUTA Expense 684.00 684.00 710.13 204.13 103.82 - 26.13 100-5160-60-01 Health/Dental Insurance 29,571.00 29,571.00 11,422.94 2,269.84 38.63 18,148.06 100-5165-60-01 Dental Insurance 1,860.00 1,860.00 578.84 139.60 31.12 1,281.16 100-5170-60-01 Life Insurance 368.00 368.00 143.90 37.52 39.10 224.10 100-5175-60-01 Liability (TML)/Workers' Comp 511.00 511.00 907.47 350.92 177.59 - 396.47 100-5180-60-01 TMRS Expense 34,242.00 34,242.00 11,311.95 3,013.96 33.04 22,930.05 100-5185-60-01 Long/Short Term Disability 455.00 455.00 162.66 41.35 35.75 292.34 100-5186-60-01 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 445.80 89.16 24.77 1,354.20 100-5191-60-01 Hiring Cost 79.38 - 79.38 100-5210-60-01 Supplies 3,005.00 3,005.00 528.51 74.95 17.59 2,476.49 100-5212-60-01 Building Supplies 650.00 650.00 76.67 35.13 11.80 573.33 100-5220-60-01 Office Equipment 4,910.00 4,910.00 407.67 8.30 4,502.33 100-5230-60-01 Dues,Fees,& Subscriptions 2,944.00 2,944.00 107.62 107.62 3.66 2,836.38 100-5240-60-01 Postage and Delivery 2.55 - 2.55 100-5330-60-01 Copier Expense 2,060.00 2,060.00 835.87 207.48 40.58 1,224.13 100-5340-60-01 Building Repairs 71.75 - 71.75 100-5400-60-01 Uniform Expense 400.00 400.00 400.00 100-5410-60-01 Professional Services 68,760.00 68,760.00 1,225.00 875.00 - 1,225.00 1.78 68,760.00 100-5418-60-01 IT Fees 1,780.00 1,780.00 1,780.00 100-5430-60-01 Legal Fees 5,000.00 5,000.00 6,137.00 247.00 122.74 - 1,137.00 Item 5d 35 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5435-60-01 Legal Notices/Filings 233.60 - 233.60 100-5480-60-01 Contracted Services 1,600.00 1,600.00 630.00 120.00 39.38 970.00 100-5520-60-01 Telephones 2,693.00 2,693.00 128.64 34.99 4.78 2,564.36 100-5530-60-01 Travel 4,400.00 4,400.00 757.27 17.21 3,642.73 100-5533-60-01 Mileage Expense 2,400.00 2,400.00 378.58 129.85 15.77 2,021.42 100-5536-60-01 Training/Seminars 8,860.00 8,860.00 1,501.27 628.68 16.94 7,358.73 100-5110-60-02 Salaries & Wages 573,696.00 41,162.24 614,858.24 199,237.10 43,297.80 32.40 415,621.14 100-5115-60-02 Salaries - Overtime 14,708.00 14,708.00 3,109.55 881.24 21.14 11,598.45 100-5126-60-02 Salaries-Vacation Buy-Out 6,000.00 6,000.00 3,160.52 52.68 2,839.48 100-5140-60-02 Salaries - Longevity Pay 2,880.00 2,880.00 2,615.00 90.80 265.00 100-5143-60-02 Cell Phone Allowance 2,520.00 2,520.00 805.00 155.00 31.94 1,715.00 100-5145-60-02 Social Security Expense 36,840.00 36,840.00 11,841.97 2,516.39 32.14 24,998.03 100-5150-60-02 Medicare Expense 8,615.00 8,615.00 2,769.49 588.52 32.15 5,845.51 100-5155-60-02 SUTA Expense 2,565.00 2,565.00 1,547.08 801.49 60.32 1,017.92 100-5160-60-02 Health/Dental Insurance 127,280.00 127,280.00 53,932.55 9,348.06 42.37 73,347.45 100-5165-60-02 Dental Insurance 5,769.00 5,769.00 1,869.01 440.11 32.40 3,899.99 100-5170-60-02 Life Insurance 1,267.00 1,267.00 516.07 133.89 40.73 750.93 100-5175-60-02 Liability (TML)/Workers' Comp 10,648.00 10,648.00 8,270.21 1,774.27 77.67 2,377.79 100-5180-60-02 TMRS Expense 79,804.00 79,804.00 26,970.77 6,025.04 33.80 52,833.23 100-5185-60-02 Long/Short Term Disability 1,061.00 1,061.00 379.91 87.53 35.81 681.09 100-5186-60-02 WELLE-Wellness Prog Reimb Empl 5,700.00 5,700.00 1,709.96 428.32 30.00 3,990.04 100-5191-60-02 Hiring Cost 200.00 200.00 200.00 100-5210-60-02 Supplies 478.99 - 478.99 100-5212-60-02 Building Supplies 1,500.00 1,500.00 750.03 50.00 749.97 100-5220-60-02 Office Equipment 1,650.00 1,650.00 24.77 24.77 1.50 1,625.23 100-5230-60-02 Dues,Fees,& Subscriptions 2,536.00 2,536.00 1,045.00 41.21 1,491.00 100-5310-60-02 Rental Expense 27,000.00 27,000.00 13,140.00 2,100.00 13,200.00 48.67 660.00 100-5320-60-02 Repairs & Maintenance 292,745.00 - 101,030.00 191,715.00 47,932.47 13,680.88 3,830.20 25.00 139,952.33 100-5322-60-02 Irrigation Repairs 12,200.00 12,200.00 12,966.32 860.37 106.28 - 766.32 100-5323-60-02 Field Maintenance 50,150.00 50,150.00 20,171.59 10,527.50 22,972.50 40.22 7,005.91 100-5330-60-02 Copier Expense 237.00 237.00 75.80 14.92 31.98 161.20 100-5350-60-02 Vehicle Expense 4,500.00 4,500.00 702.82 246.17 15.62 3,797.18 100-5352-60-02 Fuel 13,920.00 13,920.00 2,915.92 795.17 20.95 11,004.08 100-5353-60-02 Oil/Grease/Inspections 1,290.00 1,290.00 737.65 322.36 57.18 552.35 100-5355-60-02 Chemicals/Fertilizer 38,680.00 38,680.00 25,705.68 13,470.71 66.46 12,974.32 100-5400-60-02 Uniform Expense 8,940.00 8,940.00 2,909.92 570.00 32.55 6,030.08 100-5418-60-02 IT Fees 3,195.00 3,195.00 3,195.00 100-5480-60-02 Contracted Services 358,052.00 358,052.00 56,658.75 14,283.45 108,624.15 15.82 192,769.10 100-5520-60-02 Telephones 4,165.00 4,165.00 1,420.55 281.60 34.11 2,744.45 100-5525-60-02 Electricity 160,000.00 160,000.00 37,471.48 3,705.93 23.42 122,528.52 Item 5d 36 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5526-60-02 Data Network 189.95 37.99 - 189.95 100-5530-60-02 Travel 2,305.00 2,305.00 14.51 0.63 2,290.49 100-5533-60-02 Mileage Expense 105.00 105.00 114.27 56.60 108.83 - 9.27 100-5536-60-02 Training/Seminars 1,650.00 1,650.00 2,014.45 324.45 122.09 - 364.45 100-5620-60-02 Tools & Equipment 1,850.00 1,850.00 2,288.93 279.95 123.73 - 438.93 100-5630-60-02 Safety Equipment 1,190.00 1,190.00 239.86 39.88 20.16 950.14 100-5640-60-02 Signs & Hardware 6,200.00 6,200.00 6,200.00 100-6120-60-02 Capital Expense-Park Impr 120,900.00 120,900.00 10,576.00 8.75 110,324.00 100-6140-60-02 Capital Expense-Equipment 15,200.00 15,200.00 11,544.31 75.95 3,655.69 100-6160-60-02 Capital Expense-Vehicles 38,500.00 38,500.00 51,265.00 - 12,765.00 100-5110-60-03 Salaries & Wages 45,895.00 4,545.00 50,440.00 17,603.44 3,600.96 34.90 32,836.56 100-5140-60-03 Salaries - Longevity Pay 170.00 170.00 170.00 100.00 100-5145-60-03 Social Security Expense 2,856.00 2,856.00 954.03 198.02 33.40 1,901.97 100-5150-60-03 Medicare Expense 668.00 668.00 223.12 46.31 33.40 444.88 100-5155-60-03 SUTA Expense 171.00 171.00 135.94 68.47 79.50 35.06 100-5170-60-03 Life Insurance 92.00 92.00 40.90 9.38 44.46 51.10 100-5175-60-03 Liability (TML)/Workers' Comp 94.00 94.00 17.78 3.60 18.92 76.22 100-5180-60-03 TMRS Expense 6,186.00 6,186.00 2,276.50 484.69 36.80 3,909.50 100-5185-60-03 Long/Short Term Disability 84.00 84.00 33.44 6.84 39.81 50.56 100-5210-60-03 Supplies 66.04 - 66.04 100-5230-60-03 Dues,Fees,& Subscriptions 15.00 - 15.00 100-5240-60-03 Postage and Delivery 1,800.00 1,800.00 286.01 15.89 1,513.99 100-5260-60-03 Advertising 2,000.00 2,000.00 2,000.00 100-5280-60-03 Printing and Reproduction 2,000.00 2,000.00 686.00 34.30 1,314.00 100-5475-60-03 Credit Card Fees 1,500.00 1,500.00 607.16 57.44 40.48 892.84 100-5536-60-03 Training/Seminars 36.10 - 36.10 100-5600-60-03 Special Events 28,725.00 28,725.00 14,002.33 10,193.01 48.75 14,722.67 100-5995-60-03 Recreation Activities 28,000.00 28,000.00 4,342.20 9.75 15.51 23,657.80 100-5110-60-05 Salaries & Wages 126,783.00 13,584.29 140,367.29 46,107.51 9,628.19 32.85 94,259.78 100-5140-60-05 Salaries - Longevity Pay 150.00 150.00 145.00 96.67 5.00 100-5145-60-05 Social Security Expense 7,870.00 7,870.00 2,869.39 597.30 36.46 5,000.61 100-5150-60-05 Medicare Expense 1,841.00 1,841.00 671.07 139.70 36.45 1,169.93 100-5155-60-05 SUTA Expense 684.00 684.00 295.32 72.93 43.18 388.68 100-5160-60-05 Health/Dental Insurance 2.37 - 2.37 100-5165-60-05 Dental Insurance 0.19 - 0.19 100-5170-60-05 Life Insurance 92.00 92.00 40.95 9.38 44.51 51.05 100-5175-60-05 Liability (TML)/Workers' Comp 268.00 268.00 46.82 9.63 17.47 221.18 100-5180-60-05 TMRS Expense 13,843.00 13,843.00 4,659.78 1,004.57 33.66 9,183.22 100-5185-60-05 Long/Short Term Disability 172.00 172.00 68.81 14.18 40.01 103.19 100-5210-60-05 Supplies 4,500.00 4,500.00 979.47 308.40 21.77 3,520.53 Item 5d 37 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5212-60-05 Building Supplies 100.00 100.00 100.00 100-5220-60-05 Office Equipment 3,200.00 3,200.00 3,693.37 1,102.19 115.42 - 493.37 100-5230-60-05 Dues,Fees,& Subscriptions 3,000.00 3,000.00 667.38 25.00 22.25 2,332.62 100-5240-60-05 Postage and Delivery 400.00 400.00 33.93 9.76 8.48 366.07 100-5260-60-05 Advertising 600.00 600.00 600.00 100-5280-60-05 Printing and Reproduction 100.00 100.00 100.00 100-5281-60-05 Book Purchases 24,517.00 24,517.00 9,471.03 1,613.00 8,922.45 38.63 6,123.52 100-5282-60-05 DVD Purchases 1,000.00 1,000.00 414.57 225.99 41.46 585.43 100-5283-60-05 Audiobook Purchases 800.00 800.00 116.20 91.92 14.53 683.80 100-5284-60-05 Other Collect. Item Purchases 500.00 500.00 2,073.28 414.66 - 1,573.28 100-5330-60-05 Copier Expense 900.00 900.00 193.44 83.39 21.49 706.56 100-5400-60-05 Uniform Expense 300.00 300.00 153.43 50.93 51.14 146.57 100-5430-60-05 Legal Fees 200.00 200.00 38.00 19.00 162.00 100-5480-60-05 Contracted Services 6,500.00 6,500.00 6,500.00 100-5520-60-05 Telephones 1,980.00 1,980.00 651.18 146.23 32.89 1,328.82 100-5526-60-05 Data Network 41.67 41.67 - 41.67 100-5530-60-05 Travel 3,000.00 3,000.00 1,503.78 1,301.82 50.13 1,496.22 100-5533-60-05 Mileage Expense 1,000.00 1,000.00 251.84 121.68 25.18 748.16 100-5536-60-05 Training/Seminars 2,000.00 2,000.00 887.84 884.55 44.39 1,112.16 100-5600-60-05 Special Events 1,000.00 1,000.00 422.74 42.27 577.26 100-5110-98-01 Salaries & Wages 552,801.00 8,865.10 561,666.10 209,289.27 43,765.70 37.26 352,376.83 100-5115-98-01 Salaries - Overtime 1,200.00 1,200.00 475.29 39.61 724.71 100-5126-98-01 Salaries-Vacation Buy-Out 12,007.00 12,007.00 6,148.58 51.21 5,858.42 100-5140-98-01 Salaries - Longevity Pay 1,350.00 1,350.00 1,260.00 93.33 90.00 100-5143-98-01 Cell Phone Allowance 900.00 900.00 900.00 100-5145-98-01 Social Security Expense 35,238.00 35,238.00 10,940.44 2,483.68 31.05 24,297.56 100-5150-98-01 Medicare Expense 8,241.00 8,241.00 2,910.20 580.87 35.31 5,330.80 100-5155-98-01 SUTA Expense 1,026.00 1,026.00 1,126.07 191.48 109.75 - 100.07 100-5160-98-01 Health/Dental Insurance 63,097.00 63,097.00 26,136.34 4,444.24 41.42 36,960.66 100-5165-98-01 Dental Insurance 2,918.00 2,918.00 946.84 216.56 32.45 1,971.16 100-5170-98-01 Life Insurance 733.00 733.00 271.72 61.92 37.07 461.28 100-5175-98-01 Liability (TML)/Workers' Comp 1,497.00 1,497.00 270.32 56.74 18.06 1,226.68 100-5180-98-01 TMRS Expense 76,324.00 76,324.00 27,878.84 5,904.31 36.53 48,445.16 100-5185-98-01 Long/Short Term Disability 1,020.00 1,020.00 387.83 83.14 38.02 632.17 100-5186-98-01 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 500.00 100.00 27.78 1,300.00 100-5210-98-01 Supplies 1,950.00 1,950.00 1,195.68 241.60 61.32 754.32 100-5212-98-01 Building Supplies 350.00 350.00 267.85 26.68 76.53 82.15 100-5220-98-01 Office Equipment 2,602.00 2,602.00 22.57 0.87 2,579.43 100-5230-98-01 Dues,Fees,& Subscriptions 1,560.00 1,560.00 10.00 10.00 0.64 1,550.00 100-5240-98-01 Postage and Delivery 260.00 260.00 86.80 18.72 33.39 173.20 Item 5d 38 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 100-5280-98-01 Printing and Reproduction 59.88 - 59.88 100-5320-98-01 Repairs & Maintenance 8.98 - 8.98 100-5330-98-01 Copier Expense 880.00 880.00 354.06 69.14 40.23 525.94 100-5340-98-01 Building Repairs 71.75 - 71.75 100-5350-98-01 Vehicle Expense 275.00 275.00 40.00 14.55 235.00 100-5352-98-01 Fuel 1,000.00 1,000.00 418.53 133.01 41.85 581.47 100-5353-98-01 Oil/Grease/Inspections 128.49 128.49 - 128.49 100-5400-98-01 Uniform Expense 500.00 500.00 131.92 26.38 368.08 100-5410-98-01 Professional Services 35,000.00 35,000.00 2,932.92 1,435.06 8.38 32,067.08 100-5419-98-01 IT Licenses 950.00 950.00 950.00 100-5430-98-01 Legal Fees 7,700.00 7,700.00 5,128.13 - 627.00 66.60 2,571.87 100-5435-98-01 Legal Notices/Filings 2,000.00 2,000.00 1,198.93 197.20 59.95 801.07 100-5480-98-01 Contracted Services 3,058.80 120.00 - 3,058.80 100-5520-98-01 Telephones 3,308.00 3,308.00 1,080.01 199.25 32.65 2,227.99 100-5524-98-01 Gas 1,000.00 1,000.00 304.03 65.83 30.40 695.97 100-5526-98-01 Data Network 189.95 37.99 - 189.95 100-5530-98-01 Travel 4,200.00 - 1,000.00 3,200.00 1,136.48 574.86 35.52 2,063.52 100-5533-98-01 Mileage Expense 1,400.00 1,400.00 463.15 380.11 33.08 936.85 100-5536-98-01 Training/Seminars 4,880.00 4,880.00 667.22 117.78 13.67 4,212.78 100-5620-98-01 Tools & Equipment 1,000.00 1,000.00 927.78 66.01 92.78 72.22 100-5630-98-01 Safety Equipment 35.95 - 35.95 150-4015-10-00 Water Impact Fees - 81,027.00 - 81,027.00 81,027.00 150-4020-10-00 Wastewater Impact Fees - 63,816.00 - 63,816.00 63,816.00 150-4040-10-00 East Thoroughfare Impact Fees - 656,378.55 - 656,378.55 656,378.55 150-4110-10-00 Property Taxes - Current - 102,457.00 - 102,457.00 102,457.00 160-4041-10-00 West Thoroughfare Impact Fees - 357,257.00 - 357,257.00 357,257.00 200-4000-10-08 W/S Service Initiation - 69,870.00 - 69,870.00 - 25,080.00 - 4,050.00 35.90 - 44,790.00 200-4007-10-08 Sanitation - 1,376,796.00 - 1,376,796.00 - 487,656.06 - 89,603.72 35.42 - 889,139.94 200-4009-10-08 Late Fee-W/S - 94,500.00 - 94,500.00 - 42,919.73 - 7,090.36 45.42 - 51,580.27 200-4995-10-99 Transfer In/Out - 75,563.00 75,563.00 200-4005-50-02 Water Revenue - 7,090,107.00 - 756,512.00 - 7,846,619.00 - 2,547,371.89 - 387,851.49 32.47 - 5,299,247.11 200-4010-50-02 Connection Tap & Construction - 880,000.00 - 880,000.00 - 320,659.00 - 49,526.00 36.44 - 559,341.00 200-4012-50-02 Saturday Inspection Fee - 11,000.00 - 11,000.00 - 6,300.00 - 2,250.00 57.27 - 4,700.00 200-4018-50-02 Internet Cr. Card Fees - 31,460.00 - 31,460.00 - 18,194.76 - 3,247.49 57.84 - 13,265.24 200-4019-50-02 Cr. Card Pmt Fees - 7,535.00 - 7,535.00 - 4,616.22 - 850.95 61.26 - 2,918.78 200-4060-50-02 NSF Fees - 1,575.00 - 1,575.00 - 625.00 - 200.00 39.68 - 950.00 200-4242-50-02 Re-Inspection Fees - 3,630.00 - 3,630.00 - 3,630.00 200-4243-50-02 Backflow Prevention Inspection - 18,700.00 - 18,700.00 - 11,275.00 - 2,450.00 60.29 - 7,425.00 200-4610-50-02 Interest Income - 29,500.00 - 29,500.00 - 27,937.60 - 5,263.34 94.70 - 1,562.40 200-4910-50-02 Other Revenue - 104,500.00 - 104,500.00 - 52,601.98 - 9,044.79 50.34 - 51,898.02 Item 5d 39 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 200-4006-50-03 Sewer - 3,236,000.00 - 232,542.00 - 3,468,542.00 - 1,498,626.15 - 298,004.54 43.21 - 1,969,915.85 200-4010-50-03 Connection Tap & Construction - 308,000.00 - 308,000.00 - 128,400.00 - 19,800.00 41.69 - 179,600.00 200-5110-10-08 Salaries & Wages 138,778.00 7,842.49 146,620.49 53,613.41 10,975.90 36.57 93,007.08 200-5115-10-08 Salaries - Overtime 3,528.00 3,528.00 190.93 166.82 5.41 3,337.07 200-5140-10-08 Salaries - Longevity Pay 850.00 850.00 930.00 109.41 - 80.00 200-5145-10-08 Social Security Expense 8,884.00 8,884.00 3,226.65 656.76 36.32 5,657.35 200-5150-10-08 Medicare Expense 2,078.00 2,078.00 754.61 153.60 36.31 1,323.39 200-5155-10-08 SUTA Expense 513.00 513.00 400.10 192.10 77.99 112.90 200-5160-10-08 Health/Dental Insurance 17,875.00 17,875.00 7,977.70 1,496.78 44.63 9,897.30 200-5165-10-08 Dental Insurance 1,356.00 1,356.00 518.90 103.78 38.27 837.10 200-5170-10-08 Life Insurance 276.00 276.00 122.70 28.14 44.46 153.30 200-5175-10-08 Liability (TML)/Workers' Comp 285.00 285.00 55.10 11.17 19.33 229.90 200-5180-10-08 TMRS Expense 19,240.00 19,240.00 7,074.03 1,513.27 36.77 12,165.97 200-5185-10-08 Long/Short Term Disability 256.00 256.00 101.85 20.86 39.79 154.15 200-5186-10-08 WELLE-Wellness Prog Reimb-Empl 1,200.00 1,200.00 500.00 100.00 41.67 700.00 200-5210-10-08 Supplies 2,000.00 2,000.00 769.68 38.48 1,230.32 200-5212-10-08 Building Supplies 1,250.00 1,250.00 376.46 104.24 30.12 873.54 200-5220-10-08 Office Equipment 1,000.00 1,000.00 101.98 10.20 898.02 200-5240-10-08 Postage and Delivery 43,000.00 43,000.00 13,192.23 2,221.99 30.68 29,807.77 200-5280-10-08 Printing and Reproduction 3,420.00 3,420.00 957.00 319.00 27.98 2,463.00 200-5290-10-08 Other Charges and Services 75.60 75.60 - 75.60 200-5330-10-08 Copier Expense 2,350.00 2,350.00 462.89 155.57 19.70 1,887.11 200-5340-10-08 Building Repairs 400.00 400.00 154.00 38.50 246.00 200-5400-10-08 Uniform Expense 200.00 200.00 200.00 200-5418-10-08 IT Fees 4,000.00 4,000.00 196.00 126.00 4.90 3,804.00 200-5419-10-08 IT Licenses 5,000.00 5,000.00 5,000.00 200-5430-10-08 Legal Fees 2,500.00 2,500.00 2,736.00 703.00 109.44 - 236.00 200-5470-10-08 Trash Collection 1,286,725.00 1,286,725.00 435,169.22 70,641.64 33.82 851,555.78 200-5479-10-08 Household Haz. Waste Disposal 12,600.00 12,600.00 1,740.00 240.00 13.81 10,860.00 200-5480-10-08 Contracted Services 16,925.00 16,925.00 3,411.94 664.91 20.16 13,513.06 200-5520-10-08 Telephones 720.00 720.00 174.95 34.99 24.30 545.05 200-5530-10-08 Travel 1,600.00 1,600.00 1,600.00 200-5533-10-08 Mileage Expense 300.00 300.00 64.83 64.83 21.61 235.17 200-5536-10-08 Training/Seminars 1,075.00 1,075.00 400.00 400.00 37.21 675.00 200-5110-10-99 Salaries & Wages 25,118.00 - 25,118.00 200-5176-10-99 TML-Prop & Liab Insurance 38,500.00 38,500.00 36,343.84 94.40 2,156.16 200-5410-10-99 Professional Services 13,400.00 - 13,400.00 200-5930-10-99 Damage Claims Expense 3,281.84 - 3,281.84 200-6125-10-99 Capital Expense Technology 11,026.00 11,026.00 4,594.15 918.83 41.67 6,431.85 200-6140-10-99 Capital Expenditure - Equipmen 10,126.00 10,126.00 4,219.15 843.83 41.67 5,906.85 Item 5d 40 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 200-6160-10-99 Capital Expenditure - Vehicles 36,471.00 36,471.00 15,196.25 3,039.25 41.67 21,274.75 200-6186-10-99 2013 Bond Payment 389,500.00 - 179,500.00 210,000.00 - 89,750.00 210,000.00 200-6192-10-99 2011 Refd Bond Pmt 185,410.00 - 5,460.00 179,950.00 179,950.00 - 3,629.50 100.00 200-6193-10-99 2012 CO Bond Payment 486,250.00 - 205,250.50 280,999.50 273,900.00 - 66,213.25 97.47 7,099.50 200-6199-10-99 08 CO Bond Payment 63,575.00 - 4,575.00 59,000.00 59,000.00 - 3,025.00 100.00 200-6201-10-99 2014 GO Bond Payment 485,850.00 - 130,850.00 355,000.00 - 65,879.00 355,000.00 200-6202-10-99 2014 CO Bond Payment 923,450.00 - 463,450.00 460,000.00 - 231,725.00 460,000.00 200-6203-10-99 2015 GO Debt payment 164,326.00 - 164,326.00 - 81,811.00 200-6205-10-99 2016 GO Bond Payment 357,992.00 - 24,892.00 333,100.00 333,100.00 - 18,136.26 100.00 200-6299-10-99 Bond Interest Expense 1,102,740.50 1,102,740.50 560,169.01 560,169.01 50.80 542,571.49 200-7000-10-99 Contingency 50,000.00 50,000.00 39,597.32 16,513.82 79.20 10,402.68 200-7147-10-99 Transfer to GF 1,072,800.00 1,072,800.00 447,000.00 89,400.00 41.67 625,800.00 200-5110-50-02 Salaries & Wages 828,991.00 50,110.57 879,101.57 306,355.05 65,934.16 34.85 572,746.52 200-5115-50-02 Salaries - Overtime 46,183.00 46,183.00 12,660.42 2,446.09 27.41 33,522.58 200-5126-50-02 Salaries-Vacation Buy-Out 2,103.00 2,103.00 1,072.80 51.01 1,030.20 200-5140-50-02 Salaries - Longevity Pay 3,550.00 3,550.00 3,445.00 97.04 105.00 200-5145-50-02 Social Security Expense 54,746.00 54,746.00 18,696.77 3,949.32 34.15 36,049.23 200-5150-50-02 Medicare Expense 12,803.00 12,803.00 4,374.24 923.66 34.17 8,428.76 200-5155-50-02 SUTA Expense 2,907.00 2,907.00 2,410.95 1,055.03 82.94 496.05 200-5160-50-02 Health/Dental Insurance 120,690.00 120,690.00 50,899.92 9,818.92 42.17 69,790.08 200-5165-50-02 Dental Insurance 7,430.00 7,430.00 2,489.45 534.87 33.51 4,940.55 200-5170-50-02 Life Insurance 1,499.00 1,499.00 669.79 163.10 44.68 829.21 200-5175-50-02 Liability (TML)/Workers' Comp 20,530.00 20,530.00 17,226.59 3,573.22 83.91 3,303.41 200-5180-50-02 TMRS Expense 118,586.00 118,586.00 41,746.71 9,266.49 35.20 76,839.29 200-5185-50-02 Long/Short Term Disability 1,475.00 1,475.00 575.69 123.81 39.03 899.31 200-5186-50-02 WELLE-Wellness Prog Reimb-Empl 6,300.00 6,300.00 2,097.90 464.16 33.30 4,202.10 200-5191-50-02 Hiring Cost 300.00 300.00 300.00 200-5210-50-02 Supplies 5,750.00 5,750.00 1,095.58 337.76 19.05 4,654.42 200-5212-50-02 Building Supplies 1,500.00 1,500.00 1,993.45 628.27 132.90 - 493.45 200-5220-50-02 Office Equipment 8,100.00 8,100.00 2,447.49 3,452.96 30.22 2,199.55 200-5230-50-02 Dues,Fees,& Subscriptions 7,200.00 7,200.00 1,435.89 161.00 19.94 5,764.11 200-5240-50-02 Postage and Delivery 1,000.00 1,000.00 66.10 20.25 6.61 933.90 200-5250-50-02 Publications 50.00 50.00 50.00 200-5280-50-02 Printing and Reproduction 13,000.00 13,000.00 582.96 436.70 4.48 12,417.04 200-5310-50-02 Rental Expense 3,000.00 3,000.00 3,000.00 200-5320-50-02 Repairs & Maintenance 3,600.00 3,600.00 903.77 25.11 2,696.23 200-5330-50-02 Copier Expense 1,400.00 1,400.00 538.40 151.63 38.46 861.60 200-5340-50-02 Building Repairs 5,000.00 5,000.00 856.36 17.13 4,143.64 200-5350-50-02 Vehicle Expense 18,000.00 18,000.00 14,007.44 2,150.01 77.82 3,992.56 200-5352-50-02 Fuel 14,450.00 14,450.00 7,546.98 1,891.30 52.23 6,903.02 Item 5d 41 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 200-5353-50-02 Oil/Grease/Inspections 1,000.00 1,000.00 156.17 81.99 15.62 843.83 200-5400-50-02 Uniform Expense 17,300.00 17,300.00 7,292.39 42.15 10,007.61 200-5415-50-02 Tuition Reimbursement 9,200.00 9,200.00 426.95 4.64 8,773.05 200-5419-50-02 IT Licenses 18,000.00 18,000.00 10,000.00 2,000.00 55.56 6,000.00 200-5430-50-02 Legal Fees 1,000.00 1,000.00 874.00 133.00 87.40 126.00 200-5475-50-02 Credit Card Fees 32,000.00 32,000.00 26,995.16 4,788.24 84.36 5,004.84 200-5480-50-02 Contracted Services 50,000.00 50,000.00 38,881.18 2,969.96 6,225.00 77.76 4,893.82 200-5520-50-02 Telephones 7,565.00 7,565.00 2,612.16 504.18 34.53 4,952.84 200-5521-50-02 Cell Phone Expense 2,550.00 2,550.00 2,550.00 200-5524-50-02 Gas 1,000.00 1,000.00 703.31 70.33 296.69 200-5525-50-02 Electricity 185,280.00 185,280.00 79,416.32 15,118.28 42.86 105,863.68 200-5526-50-02 Data Network 4,320.00 4,320.00 352.15 164.95 8.15 3,967.85 200-5530-50-02 Travel 2,300.00 2,300.00 1,945.30 84.58 354.70 200-5533-50-02 Mileage Expense 1,000.00 1,000.00 1,000.00 200-5536-50-02 Training/Seminars 16,200.00 16,200.00 6,494.70 1,884.45 40.09 9,705.30 200-5540-50-02 Water Testing 4,000.00 4,000.00 839.29 415.40 20.98 3,160.71 200-5545-50-02 Meter Purchases 445,987.00 445,987.00 59,294.41 2,946.00 50,150.00 13.30 336,542.59 200-5550-50-02 Water Purchases 2,748,305.00 953,054.00 3,701,359.00 1,416,662.66 283,333.00 38.27 2,284,696.34 200-5620-50-02 Tools & Equipment 10,000.00 10,000.00 7,910.70 1,870.43 79.11 2,089.30 200-5630-50-02 Safety Equipment 10,000.00 10,000.00 2,793.60 375.77 27.94 7,206.40 200-5640-50-02 Signs & Hardware 1,612.00 1,612.00 13.35 0.83 1,598.65 200-5650-50-02 Maintenance Materials 15,000.00 15,000.00 826.99 5.51 14,173.01 200-5660-50-02 Chemical Supplies 10,000.00 10,000.00 1,970.71 184.32 19.71 8,029.29 200-5670-50-02 System Improvements 78,950.00 78,950.00 74,356.87 8,111.47 94.18 4,593.13 200-6160-50-02 Capital Expense-Vehicles 77,000.00 77,000.00 2,460.00 69,800.00 3.20 4,740.00 200-7143-50-02 Transfer to Internal Serv. Fd 2,160.00 2,160.00 540.00 25.00 1,620.00 200-7146-50-02 Transfer to CIP 250,000.00 250,000.00 104,166.65 20,833.33 41.67 145,833.35 200-5110-50-03 Salaries & Wages 248,390.00 8,795.68 257,185.68 48,846.84 10,163.29 18.99 208,338.84 200-5115-50-03 Salaries - Overtime 11,329.00 11,329.00 4,988.85 632.98 44.04 6,340.15 200-5140-50-03 Salaries - Longevity Pay 1,295.00 1,295.00 985.00 76.06 310.00 200-5145-50-03 Social Security Expense 16,199.00 16,199.00 3,175.31 625.81 19.60 13,023.69 200-5150-50-03 Medicare Expense 3,788.00 3,788.00 742.61 146.35 19.60 3,045.39 200-5155-50-03 SUTA Expense 1,197.00 1,197.00 401.01 207.00 33.50 795.99 200-5160-50-03 Health/Dental Insurance 43,829.00 43,829.00 12,245.28 2,064.52 27.94 31,583.72 200-5165-50-03 Dental Insurance 2,685.00 2,685.00 527.76 104.02 19.66 2,157.24 200-5170-50-03 Life Insurance 476.00 476.00 129.26 29.19 27.16 346.74 200-5175-50-03 Liability (TML)/Workers' Comp 5,283.00 5,283.00 2,463.78 483.26 46.64 2,819.22 200-5180-50-03 TMRS Expense 35,107.00 35,107.00 7,066.30 1,465.17 20.13 28,040.70 200-5185-50-03 Long/Short Term Disability 471.00 471.00 89.12 18.59 18.92 381.88 200-5186-50-03 WELLE-Wellness Prog Reimb-Empl 2,550.00 2,550.00 445.80 89.16 17.48 2,104.20 Item 5d 42 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 200-5191-50-03 Hiring Cost 300.00 300.00 300.00 200-5210-50-03 Supplies 3,550.00 3,550.00 532.80 418.99 15.01 3,017.20 200-5212-50-03 Building Supplies 600.00 600.00 227.59 37.93 372.41 200-5220-50-03 Office Equipment 3,500.00 3,500.00 144.50 3,806.54 4.13 - 451.04 200-5230-50-03 Dues,Fees,& Subscriptions 1,500.00 1,500.00 15.00 1.00 1,485.00 200-5280-50-03 Printing and Reproduction 199.95 - 199.95 200-5310-50-03 Rental Expense 500.00 500.00 1,350.00 270.00 - 850.00 200-5320-50-03 Repairs & Maintenance 3,400.00 3,400.00 672.53 19.78 2,727.47 200-5335-50-03 Radio/Video Repairs 500.00 500.00 500.00 200-5340-50-03 Building Repairs 1,000.00 1,000.00 1,000.00 200-5350-50-03 Vehicle Expense 8,200.00 8,200.00 8,298.28 1,492.11 101.20 - 98.28 200-5352-50-03 Fuel 3,300.00 3,300.00 3,793.58 467.53 114.96 - 493.58 200-5353-50-03 Oil/Grease/Inspections 300.00 300.00 300.00 200-5400-50-03 Uniform Expense 7,300.00 7,300.00 2,689.79 36.85 4,610.21 200-5418-50-03 IT Fees 10,000.00 10,000.00 10,000.00 200-5419-50-03 IT Licenses 14,000.00 14,000.00 12,983.00 - 700.00 92.74 1,717.00 200-5430-50-03 Legal Fees 500.00 500.00 500.00 200-5480-50-03 Contracted Services 57,320.00 57,320.00 12,411.00 21.65 44,909.00 200-5520-50-03 Telephones 2,115.00 2,115.00 426.73 83.12 20.18 1,688.27 200-5521-50-03 Cell Phone Expense 1,700.00 1,700.00 1,700.00 200-5525-50-03 Electricity 50,000.00 50,000.00 16,249.97 3,790.88 32.50 33,750.03 200-5530-50-03 Travel 1,100.00 1,100.00 1,100.00 200-5533-50-03 Mileage Expense 500.00 500.00 500.00 200-5536-50-03 Training/Seminars 9,800.00 9,800.00 858.29 58.89 8.76 8,941.71 200-5560-50-03 Sewer Management Fees 1,770,668.00 116,000.00 1,886,668.00 795,778.25 171,439.59 42.18 1,090,889.75 200-5620-50-03 Tools & Equipment 8,200.00 8,200.00 3,942.61 245.14 48.08 4,257.39 200-5630-50-03 Safety Equipment 5,000.00 5,000.00 1,445.76 28.92 3,554.24 200-5640-50-03 Signs & Hardware 250.00 250.00 1,032.00 412.80 - 782.00 200-5650-50-03 Maintenance Materials 1,000.00 1,000.00 2,268.76 715.79 226.88 - 1,268.76 200-5660-50-03 Chemical Supplies 1,000.00 1,000.00 1,000.00 200-5670-50-03 System Improvements 12,000.00 12,000.00 19,440.64 1,600.50 162.01 - 7,440.64 200-5680-50-03 Lift Station Expense 30,000.00 30,000.00 14,581.50 1,200.00 48.61 15,418.50 200-6160-50-03 Capital Expense-Vehicles 61,000.00 61,000.00 58,775.00 2,225.00 200-7146-50-03 Transfer to CIP Fund 150,000.00 150,000.00 62,500.00 12,500.00 41.67 87,500.00 300-4105-10-00 Property Taxes -Delinquent - 73,828.00 - 73,828.00 - 233,353.18 - 16,472.42 316.08 159,525.18 300-4110-10-00 Property Taxes -Current - 4,086,721.00 - 4,086,721.00 - 3,969,114.35 - 503,146.64 97.12 - 117,606.65 300-4115-10-00 Taxes -Penalties - 21,439.00 - 21,439.00 - 45,013.23 - 3,703.63 209.96 23,574.23 300-4610-10-00 Interest Income - 18,000.00 - 18,000.00 - 11,744.70 - 4,543.69 65.25 - 6,255.30 300-5410-10-00 Professional Services 3,400.00 - 3,400.00 300-6186-10-00 2013 GO Ref Bond 286,200.00 - 131,200.00 155,000.00 - 65,600.00 155,000.00 Item 5d 43 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 300-6189-10-00 2012 GO TX Bond Payment 282,263.00 - 107,263.00 175,000.00 175,000.00 - 54,506.25 100.00 300-6191-10-00 2010 Tax Note Payment 368,376.00 - 3,376.00 365,000.00 365,000.00 - 3,376.25 100.00 300-6192-10-00 2011 Ref Bond Pmt 118,541.00 - 3,491.00 115,050.00 115,050.00 - 2,320.50 100.00 300-6199-10-00 2008 Bond Payment 572,175.00 - 41,175.00 531,000.00 531,000.00 - 27,225.00 100.00 300-6200-10-00 Bond Administrative Fees 21,000.00 21,000.00 2,000.00 9.52 19,000.00 300-6201-10-00 2014 GO Debt payment 372,750.00 - 117,750.00 255,000.00 - 58,421.00 255,000.00 300-6203-10-00 2015 GO Debt Payment 659,374.00 - 614,374.00 45,000.00 45,000.00 - 307,764.00 100.00 300-6204-10-00 2015 CO Debt Payment 374,800.00 - 314,800.00 60,000.00 60,000.00 - 157,700.00 100.00 300-6205-10-00 2016 GO Debt Payment 598,848.00 - 191,948.00 406,900.00 406,900.00 - 95,215.39 100.00 300-6206-10-00 2016 CO Debt Payment 528,483.00 - 273,483.00 255,000.00 255,000.00 - 139,054.81 100.00 300-6299-10-00 Bond Interest Expense 1,798,860.00 1,798,860.00 911,183.20 911,183.20 50.65 887,676.80 400-4100-10-00 Charges for Services - 20,000.00 - 20,000.00 - 6,030.00 30.15 - 13,970.00 400-4610-10-00 Interest Earned - 700.00 - 700.00 - 333.37 - 57.78 47.62 - 366.63 400-4995-10-00 Transfer In - 2,400.00 - 2,400.00 - 600.00 25.00 - 1,800.00 400-5160-10-00 MERP Expense - GF 40,000.00 40,000.00 20,008.41 4,653.34 50.02 19,991.59 410-4100-10-99 Charges for Services - 500,781.00 - 500,781.00 - 208,658.70 - 41,731.74 41.67 - 292,122.30 410-4610-10-99 Interest - 6,114.00 - 1,049.99 6,114.00 410-4910-10-99 Other Reimbursements - 18,000.00 - 18,000.00 - 1,663.75 - 1,663.75 9.24 - 16,336.25 410-6125-10-02 Capital-Equipment (Technology) 2,250.00 2,250.00 529.99 529.99 2,206.17 23.56 - 486.16 410-6125-10-03 Capital-Equipment (Technology) 1,400.00 1,400.00 1,262.01 137.99 410-6125-10-04 Capital-Equipment (Technology) 1,400.00 1,400.00 1,457.75 - 57.75 410-6125-10-05 Capital-Equipment (Technology) 5,000.00 5,000.00 337.98 4,662.02 410-6125-10-07 Capital-Equipment (Technology) 1,400.00 1,400.00 1,400.00 410-6125-20-01 Capital-Equipment (Technology) 3,950.00 3,950.00 3,706.82 243.18 410-6160-20-01 Capital-Vehicles 178,850.00 178,850.00 178,850.00 410-6125-20-05 Capital-Equipment (Technology) 1,700.00 1,700.00 749.69 950.31 410-6125-30-01 Capital-Equipment (Technology) 3,400.00 3,400.00 2,998.76 401.24 410-6160-30-01 Capital-Vehicles 94,818.00 94,818.00 79,337.82 938.00 83.67 15,480.18 410-6125-30-05 Capital-Equipment (Technology) 850.00 850.00 850.00 410-6125-40-01 Capital-Equipment (Technology) 3,100.00 3,100.00 438.48 2,957.13 14.15 - 295.61 410-6125-50-02 Capital-Equipment (Technology) 3,650.00 3,650.00 3,468.18 181.82 410-6125-50-03 Capital-Equipment (Technology) 850.00 850.00 749.69 100.31 410-6125-60-01 Capital-Equipment(Technology) 1,400.00 1,400.00 1,457.75 - 57.75 410-6160-60-02 Capital-vehicles 25,710.00 25,710.00 25,710.00 450-4001-98-02 Storm Drainage Utility Fee - 344,725.00 - 344,725.00 - 140,777.50 - 29,106.35 40.84 - 203,947.50 450-4610-98-02 Interest Storm Utility - 900.00 - 900.00 - 5,056.35 - 1,401.94 561.82 4,156.35 450-5110-98-02 Salaries 106,743.00 2,706.07 109,449.07 39,648.29 6,899.38 36.23 69,800.78 450-5115-98-02 Salaries-Overtime 3,004.00 3,004.00 291.22 63.88 9.69 2,712.78 450-5140-98-02 Salaries-Longevity Pay 60.00 60.00 60.00 450-5145-98-02 Social Security Expense 6,664.00 6,664.00 2,357.61 419.65 35.38 4,306.39 Item 5d 44 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 450-5150-98-02 Medicare Expense 1,559.00 1,559.00 551.37 98.14 35.37 1,007.63 450-5155-98-02 SUTA Expense 342.00 342.00 252.94 96.04 73.96 89.06 450-5160-98-02 Health Insurance 12,200.00 12,200.00 2,632.32 305.38 21.58 9,567.68 450-5165-98-02 Dental Expense 865.00 865.00 174.93 18.59 20.22 690.07 450-5170-98-02 Life Ins/AD&D 184.00 184.00 77.11 14.07 41.91 106.89 450-5175-98-02 Liability (TML) Workers Comp 3,119.00 3,119.00 1,637.65 297.81 52.51 1,481.35 450-5180-98-02 TMRS Expense 14,431.00 14,431.00 5,115.93 940.62 35.45 9,315.07 450-5185-98-02 Long/Short Term Disability 192.00 192.00 72.58 12.87 37.80 119.42 450-5186-98-02 WELLE-Wellness Prog Reimb Empl 600.00 600.00 75.00 25.00 12.50 525.00 450-5210-98-02 Office Supplies 400.00 400.00 41.56 41.56 10.39 358.44 450-5230-98-02 Dues, Fees, & Subscriptions 4,600.00 4,600.00 310.29 6.75 4,289.71 450-5310-98-02 Rental Expense 2,500.00 2,500.00 2,500.00 450-5320-98-02 Repairs & Maiantenance 800.00 800.00 800.00 450-5340-98-02 Building Repairs 500.00 500.00 500.00 450-5350-98-02 Vehicle Expense 1,500.00 1,500.00 1,500.00 450-5352-98-02 Fuel 2,000.00 2,000.00 20.87 20.87 1.04 1,979.13 450-5353-98-02 Oil/Grease/Inspections 100.00 100.00 31.43 31.43 68.57 450-5400-98-02 Uniforms 1,500.00 1,500.00 450.88 265.96 30.06 1,049.12 450-5410-98-02 Professional Services-Storm Dr 2,500.00 2,500.00 1,000.00 1,000.00 40.00 1,500.00 450-5480-98-02 Contract Services 20.00 - 20.00 450-5520-98-02 Telephones 852.00 852.00 405.37 82.58 47.58 446.63 450-5530-98-02 Travel/Lodging/Meals Expense 1,050.00 1,050.00 1,050.00 450-5533-98-02 Mileage Expense 78.86 - 78.86 450-5536-98-02 Training/Seminars 2,130.00 2,130.00 6.61 0.31 2,123.39 450-5620-98-02 Toosl & Equipment 2,200.00 2,200.00 2,200.00 450-5630-98-02 Safety Equipment 1,700.00 1,700.00 109.99 6.47 1,590.01 450-5640-98-02 Signs & Hardware 600.00 600.00 600.00 450-5650-98-02 Maintenance Materials 4,000.00 4,000.00 4,000.00 450-6193-98-02 2012 CO Bond Payment 49,000.50 49,000.50 56,100.00 - 13,561.75 114.49 - 7,099.50 450-6205-98-02 2016 Debt Payment 92,148.00 - 47,148.00 45,000.00 45,000.00 - 24,539.08 100.00 450-6299-98-02 Bond Interest Expense 73,710.50 73,710.50 38,100.83 38,100.83 51.69 35,609.67 450-7142-98-02 Transfer to W/S 75,563.00 - 75,563.00 450-7143-98-02 Transfer to Internal Serv. Fd 240.00 240.00 60.00 25.00 180.00 450-7144-98-02 Transfer to Capital Proj Fund 32,400.00 32,400.00 32,400.00 100.00 450-7147-98-02 Transfer to GF 18,366.00 18,366.00 7,652.50 1,530.50 41.67 10,713.50 560-4721-10-00 Prosper Christmas Donations - 12,000.00 - 12,000.00 - 13,706.16 120.00 114.22 1,706.16 560-4995-10-00 Transfer In 2,584.00 - 1,900.00 - 2,584.00 560-5202-10-00 Prosper Christmas Expense 40,000.00 40,000.00 27,229.43 5,350.00 68.07 7,420.57 570-4537-10-00 Court Technology Revenue - 9,000.00 - 9,000.00 - 4,053.54 - 977.75 45.04 - 4,946.46 570-4610-10-00 Interest - 1.42 - 1.42 1.42 Item 5d 45 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 570-4995-10-00 Transfer In 34.00 - 34.00 570-5203-10-00 Court Technology Expense 18,000.00 18,000.00 18,000.00 570-7144-10-00 Transfer Out 7.33 7.33 - 7.33 580-4536-10-00 Court Security Revenue - 7,000.00 - 7,000.00 - 3,040.16 - 733.32 43.43 - 3,959.84 580-4610-10-00 Interest - 16.80 - 16.80 16.80 580-5110-10-00 Salaries & Wages Payable 6,510.00 3,776.63 10,286.63 1,651.68 393.30 16.06 8,634.95 580-5145-10-00 Social Security Expense 404.00 404.00 102.41 24.38 25.35 301.59 580-5150-10-00 Medicare Expense 94.00 94.00 23.95 5.70 25.48 70.05 580-5155-10-00 SUTA expense 171.00 171.00 31.38 7.47 18.35 139.62 580-5175-10-00 Workers Comp 58.96 14.04 - 58.96 580-5204-10-00 Court Security Expense 1,000.00 6,872.00 7,872.00 7,374.89 86.39 93.69 497.11 580-7144-10-00 Transfer Out 136.00 136.00 - 136.00 590-4995-10-00 Transfer In - 885,347.39 - 1,259,449.39 885,347.39 590-7144-10-00 Transfer Out 45,096.55 45,096.55 46,072.56 976.01 102.16 - 976.01 610-4045-60-00 Park Dedication-Fees - 100,000.00 - 100,000.00 - 364,179.40 - 136,778.40 364.18 264,179.40 610-4610-60-00 Interest Income - 7,000.00 - 7,000.00 - 3,685.04 - 892.29 52.64 - 3,314.96 610-6610-60-00 Frontier North Field Imp 534,590.00 534,590.00 386,590.00 148,000.00 620-4055-60-00 Park Improvement - 100,000.00 - 100,000.00 - 201,726.74 - 88,397.04 201.73 101,726.74 620-4610-60-00 Interest Income - 3,800.00 - 3,800.00 - 3,199.03 - 677.60 84.19 - 600.97 620-5430-60-00 Legal Fees - TPWD Grant 475.00 - 475.00 620-6610-60-00 Frontier North Field Imprvmnts 914,260.00 914,260.00 105,079.35 2,154.49 809,180.72 11.49 - 0.07 620-6610-60-00 Preston Lakes Playground 90,000.00 90,000.00 81,826.60 8,173.40 630-4015-50-00 Impact Fees - 3,200,000.00 - 3,200,000.00 - 1,354,588.00 - 198,198.00 42.33 - 1,845,412.00 630-4615-50-00 Interest - 29,700.00 - 29,700.00 - 11,528.86 - 2,504.54 38.82 - 18,171.14 630-5410-50-00 Impact Fee Study 13,457.00 13,457.00 13,080.37 376.32 97.20 0.31 630-5489-50-00 Developer Agreement TVG 975,000.00 975,000.00 856,758.20 87.87 118,241.80 630-5489-50-00 Developer Agrmt Prsp Prtnrs 195,000.00 195,000.00 195,000.00 630-5489-50-00 Developer Agreement Doe Crk 532,586.00 532,586.00 532,586.00 630-6610-50-00 Prosper Trail EST 818,669.00 818,669.00 467,065.00 351,604.33 57.05 - 0.33 630-6610-50-00 Lower Pressure Plane Pump Sta. 1,726,000.00 1,726,000.00 293,449.11 603,868.72 17.00 828,682.17 630-6610-50-00 County Line Elevated Storage 337,500.00 337,500.00 337,500.00 630-6610-50-00 24" WL Conn. Cnty Line EST/DNT 70,775.00 70,775.00 70,775.00 630-7144-50-00 Transfer to Capital Proj Fund 11,334.98 - 11,334.98 640-4020-50-00 Impact Fees - 600,000.00 - 600,000.00 - 169,914.50 29,810.00 28.32 - 430,085.50 640-4620-50-00 Interest - 7,800.00 - 7,800.00 - 4,194.17 - 874.07 53.77 - 3,605.83 640-4905-50-00 Equity Fee - 16,500.00 - 12,500.00 16,500.00 640-5410-50-00 Impact Fee Study 22,541.00 22,541.00 21,903.45 637.58 97.17 - 0.03 640-5410-50-00 LaCima Impct Fee Reimburse 5,000.00 5,000.00 5,000.00 640-5489-50-00 Developer Agrmt TVG 170,750.00 170,750.00 105,225.12 61.63 65,524.88 640-5489-50-00 Developer Agrmt Propser Prtnrs 34,150.00 34,150.00 34,150.00 Item 5d 46 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 640-5489-50-00 Developer Agrmt Frontier Est. 71,300.00 71,300.00 7,171.50 10.06 64,128.50 640-5489-50-00 Brookhollow Dev Reimb 1,366.01 - 255.12 - 1,366.01 640-6610-50-00 Public Works Interceptor 1,070,124.00 1,070,124.00 15,423.05 25,124.24 1.44 1,029,576.71 640-6610-50-00 LaCima #2 Interceptor 465,000.00 - 245,000.00 220,000.00 220,000.00 660-4040-50-00 East Thoroughfare Impact Fees - 4,000,000.00 - 4,000,000.00 1,286,469.80 2,670,868.92 - 32.16 - 5,286,469.80 660-4610-50-00 Interest - 32,560.00 - 32,560.00 - 16,017.53 - 2,667.11 49.19 - 16,542.47 660-5410-50-00 Impact Fee Study 3,461.00 3,461.00 3,356.60 104.01 96.98 0.39 660-5489-50-00 Developer Agrmnt Lakes/LaCima 300,000.00 300,000.00 300,000.00 660-6610-50-00 Frontier Pkwy BNSF Overpass 2,340,000.00 2,340,000.00 2,340,000.00 660-6610-50-00 Prosper Trail (Kroger to Coit) 3,000,000.00 3,000,000.00 3,000,000.00 660-6610-50-00 Custer Turn Lane @Prosper Tr 100,000.00 100,000.00 100,000.00 660-6610-50-00 Prosper Trail (Coit - Custer) 540,000.00 70,000.00 610,000.00 610,000.00 660-6610-50-00 Coit Road (First - Frontier) 770,000.00 - 70,000.00 700,000.00 13,682.40 13,682.40 676,217.60 1.96 10,100.00 660-7144-50-00 Transfer to Capital Proj Fund 34,821.50 34,821.50 65,600.50 188.39 - 30,779.00 670-4530-10-00 Police Donation Inc - 12,000.00 - 12,000.00 - 7,576.00 - 1,080.00 63.13 - 4,424.00 670-4531-10-00 Fire Donations - 8,400.00 - 8,400.00 - 5,704.00 - 1,114.00 67.91 - 2,696.00 670-4535-10-00 Child Safety Inc - 8,000.00 - 8,000.00 - 3,133.10 - 2,762.81 39.16 - 4,866.90 670-4550-10-00 LEOSE Revenue - 2,398.43 - 2,398.43 2,398.43 670-4610-10-00 Interest Income - 8,000.00 - 8,000.00 - 8,000.00 670-4995-10-00 Transfer In - 1,119.34 - 1,119.34 1,119.34 670-5205-10-00 Police Donation Exp 10,000.00 10,000.00 5,604.00 56.04 4,396.00 670-5206-10-00 Fire Dept Donation Exp 1,196.53 1,109.00 - 1,196.53 670-5208-10-00 Child Safety Expense 10,000.00 10,000.00 10,000.00 670-5212-10-00 Tree Mitigation Expense 14,000.00 14,000.00 14,000.00 670-5292-10-00 PD Seizure Expense 5,000.00 5,000.00 91.95 1.84 4,908.05 670-7144-10-00 Transfer Out 882,729.39 1,261,349.39 - 882,729.39 680-4041-50-00 W Thoroughfare Impact Fees - 1,200,000.00 - 1,200,000.00 - 2,262,251.50 - 1,837,395.00 188.52 1,062,251.50 680-4610-50-00 Interest - 12,870.00 - 12,870.00 - 1,593.22 - 1,485.09 12.38 - 11,276.78 680-5410-50-00 Impact Fee Study 3,461.00 3,461.00 3,356.60 104.01 96.98 0.39 680-5489-50-00 Developer Agrmnt TVG 500,000.00 500,000.00 500,000.00 680-5489-50-00 Development Agrmnt Parks/Legac 100,000.00 100,000.00 163,988.00 163.99 - 63,988.00 680-5489-50-00 TVG West Propser Rds Impact Fe 1,561,240.00 - 1,561,240.00 680-6110-50-00 First Street (DNT to Coleman) 98,200.00 98,200.00 98,200.00 100.00 680-6610-50-00 Cook Lane (First - End) 200,000.00 200,000.00 200,000.00 680-7144-50-00 Transfer to Capital Proj Fund 6,760.00 6,760.00 54,854.00 811.45 - 48,094.00 730-4610-10-00 Interest Income - 18.61 - 18.61 18.61 750-4530-10-00 Contributions - W Prosper Rd - 3,000,000.00 - 3,000,000.00 3,000,000.00 750-4611-10-00 Interest-2004 Bond - 2,000.00 - 2,000.00 - 832.39 - 154.80 41.62 - 1,167.61 750-4612-10-00 Interest-2006 Bond - 600.00 - 600.00 - 1,286.68 - 103.08 214.45 686.68 750-4613-10-00 Interest 2008 Bond - 7,500.00 - 7,500.00 - 248.80 - 47.89 3.32 - 7,251.20 Item 5d 47 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 750-4616-10-00 Interest 2012 GO Bond - 12,000.00 - 12,000.00 - 365.33 - 62.10 3.04 - 11,634.67 750-4618-10-00 Interest TXDOT Contributions - 1,345.62 - 1,345.62 1,345.62 750-4995-10-00 Transfer In - 1,665,000.00 - 1,978,654.19 - 3,643,654.19 - 5,342,612.74 - 220,000.00 146.63 1,698,958.55 750-4999-10-00 Bond Proceeds - 12,792,496.00 - 12,792,496.00 - 12,792,496.00 750-5419-10-00 Windsong Ranch Fire Station 20,644.00 20,644.00 6,492.76 14,362.78 31.45 - 211.54 750-5419-10-00 Coleman-Prspr Trl to Prspr HS 22,662.00 22,662.00 22,662.50 - 0.50 750-5419-10-00 SH289 Median Lighting 6,590.00 6,590.00 6,590.40 - 0.40 750-5419-10-00 Seventh Street (Coleman-PISD) 200.00 200.00 200.00 200.00 100.00 750-5419-10-00 Prosper Trail (Kroger to Coit) 84,610.00 84,610.00 40,445.50 44,164.00 47.80 0.50 750-5419-10-00 First Street (DNT to Coleman) 174,412.00 174,412.00 26,262.50 148,148.99 15.06 0.51 750-5419-10-00 Town Hall Infrastructure Imprv 34,336.91 29,606.69 8,755.19 - 43,092.10 750-5430-10-00 Legal Fees-First St (DNT-Clmn) 475.00 475.00 - 475.00 750-6160-10-00 Fire Engine 77,002.00 77,002.00 83,182.94 4,665.92 108.03 - 6,180.94 750-6610-10-00 Windsong Ranch Fire Station 166,581.00 166,581.00 196,679.35 14,310.34 52,973.61 118.07 - 83,071.96 750-6610-10-00 Town Hall-Multipurpose Facil. 1,450,000.00 245,313.00 1,695,313.00 248,965.28 29,505.02 365,249.39 14.69 1,081,098.33 750-6610-10-00 Coleman-Prspr Trl to Prspr HS 23,500.00 23,500.00 14,977.00 14,711.99 63.73 - 6,188.99 750-6610-10-00 Decorative Monument Signs 60.94 - 60.94 750-6610-10-00 Downtown Enhancements 1,850,000.00 1,850,000.00 43,500.00 52,800.00 2.35 1,753,700.00 750-6610-10-00 West Prosper Rd Improvements 6,691,786.00 6,691,786.00 378,587.54 68,238.08 6,313,198.17 5.66 0.29 750-6610-10-00 Prosper Trail (Kroger to Coit) 975,000.00 975,000.00 975,000.00 750-6610-10-00 Old Town Streets 1,000,000.00 1,000,000.00 1,000,000.00 750-6610-10-00 Town Hall Infrastructure Imprv 1,275,000.00 32,800.00 1,307,800.00 1,307,800.00 750-6610-10-00 Town Hall Construction 10,000,000.00 1,176,691.00 11,176,691.00 1,113,662.70 789,081.34 18,484,028.30 9.96 - 8,421,000.00 750-6610-10-00 Frontier Park North 9,526,225.00 9,526,225.00 51,321.50 5,002.50 9,514,403.36 0.54 - 39,499.86 750-6610-10-00 Fishtrap Rd-Artesia to Custer 1,262,277.00 1,262,277.00 585,666.57 14,750.64 46.40 661,859.79 750-6610-10-00 First St-Townlake to Custer 670,000.00 - 670,000.00 750-6610-10-00 Church St-First to PISD 595,060.00 595,060.00 595,060.00 100.00 750-6610-10-00 Main Street (First-Broadway) 625,000.00 625,000.00 598,342.40 26,657.60 750-6610-10-00 Eighth Street (Church-PISD) 260,000.00 260,000.00 260,000.00 750-6610-10-00 Field Street (First-Broadway) 250,000.00 250,000.00 250,000.00 750-6610-10-00 Parvin Road (Good Hope-FM1385) 270,000.00 270,000.00 270,000.00 750-6610-10-00 Pasewark (Preston-Hickory) 400,000.00 400,000.00 400,000.00 750-6610-10-00 Broadway (Parvin-Eighth) 515,000.00 515,000.00 515,000.00 750-6610-10-00 Sixth Street (Coleman-Church) 430,000.00 430,000.00 430,000.00 750-6610-10-00 Third Street (Church-Lane) 320,000.00 320,000.00 320,000.00 750-7147-10-00 Transfer to GF 45,000.00 45,000.00 45,000.00 760-4610-10-00 Interest Income - 37,200.00 - 37,200.00 - 8,157.39 - 1,397.85 21.93 - 29,042.61 760-4996-10-00 Transfers In - 90,974.98 90,974.98 760-4999-10-00 Bond Proceeds - 11,138,450.00 - 11,138,450.00 - 11,138,450.00 760-5419-10-00 Prosper Trail EST 34,930.00 34,930.00 25,280.16 9,650.00 72.37 - 0.16 Item 5d 48 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 760-5419-10-00 Lower Pressure Pln 42" Trns Ln 7,397.63 39,286.39 - 46,684.02 760-6610-10-00 Lower Pressure Pln 42" Trns Ln 22,960,919.00 22,960,919.00 22,960,919.00 760-6610-10-00 BNSF Railroad PRV's 115,096.00 115,096.00 3,090.00 112,006.25 2.69 - 0.25 760-6610-10-00 Old Town Drainage 500,000.00 500,000.00 31,480.00 468,520.00 760-6610-10-00 Coleman Rd Drainage 282,500.00 282,500.00 3,350.00 279,150.00 760-6610-10-00 Old Town Drainage Land Acq 750,000.00 750,000.00 2,750.00 2,750.00 580.00 0.37 746,670.00 760-6610-10-00 Old Town Drainage Trunk Main 600,000.00 600,000.00 600,000.00 760-6610-10-00 Amberwood Farms 32,000.00 32,000.00 32,000.00 760-6610-10-00 Old Town DRng-First & Main 800,000.00 800,000.00 800,000.00 760-6610-10-00 Old Town Regional Retention 750,000.00 750,000.00 750,000.00 770-4610-10-00 Interest Income - 4,991.61 - 829.92 4,991.61 770-7144-10-00 Transfer to Capital Projects 214,904.55 214,904.55 1,518,829.04 706.75 - 1,303,924.49 771-4610-10-00 Interest Income - 26,475.27 - 4,406.52 26,475.27 771-6120-10-00 Non-Bond Capital Expenditures - 7,174.23 7,174.23 771-7144-10-00 Transfer to Capital Projects 42,159.16 42,159.16 263,112.15 624.09 - 220,952.99 780-4610-10-00 Interest Income - 3,136.14 - 571.48 3,136.14 780-7144-10-00 Transfer to Capital Projects 700,213.84 - 700,213.84 781-4610-10-00 Interest Income - 6,948.76 - 894.08 6,948.76 781-6120-10-00 Non-Bond Capital Expenditures - 21,999.95 21,999.95 781-7144-10-00 Transfer to Capital Projects 542,902.43 542,902.43 1,642,146.66 302.48 - 1,099,244.23 800-4120-65-00 Sales Taxes - 1,400,000.00 - 1,400,000.00 - 672,334.13 - 157,327.62 48.02 - 727,665.87 800-4610-65-00 Interest Income - 21,000.00 - 21,000.00 - 11,187.98 - 2,416.08 53.28 - 9,812.02 800-5110-65-00 Salaries & Wages 240,000.00 - 10,000.00 230,000.00 13,536.00 2,880.00 5.89 216,464.00 800-5115-65-00 Salaries - Overtime 500.00 500.00 500.00 800-5140-65-00 Salaries - Longevity Pay 645.00 645.00 645.00 800-5142-65-00 Car Allowance 6,000.00 6,000.00 6,000.00 800-5143-65-00 Cell Phone Allowance 3,300.00 3,300.00 3,300.00 800-5145-65-00 Social Security Expense 15,500.00 15,500.00 764.83 163.76 4.93 14,735.17 800-5150-65-00 Medicare Expense 3,600.00 3,600.00 178.87 38.29 4.97 3,421.13 800-5155-65-00 SUTA Expense 650.00 650.00 198.51 54.83 30.54 451.49 800-5160-65-00 Health/Dental Insurance 20,000.00 20,000.00 2,904.40 458.00 14.52 17,095.60 800-5165-65-00 Dental Insurance 1,300.00 1,300.00 162.30 32.46 12.49 1,137.70 800-5170-65-00 Life Insurance 500.00 500.00 40.90 9.38 8.18 459.10 800-5175-65-00 Liability (TML)/Workers' Comp 550.00 550.00 13.54 2.88 2.46 536.46 800-5180-65-00 TMRS Expense 31,000.00 31,000.00 1,737.20 387.65 5.60 29,262.80 800-5185-65-00 Long/Short Term Disability 500.00 500.00 25.75 5.48 5.15 474.25 800-5186-65-00 WELLE-Wellness Prog Reimb-Empl 1,800.00 1,800.00 1,800.00 800-5189-65-00 Administrative Fees 15,000.00 15,000.00 6,250.00 1,250.00 41.67 8,750.00 800-5210-65-00 Supplies 2,500.00 2,500.00 191.01 7.64 2,308.99 800-5212-65-00 Building Supplies 500.00 500.00 40.91 40.91 8.18 459.09 Item 5d 49 Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendments Amended Budget Actual Actual Budget 800-5220-65-00 Office Equipment 2,500.00 10,000.00 12,500.00 10,279.11 145.21 82.23 2,220.89 800-5230-65-00 Dues,Fees,& Subscriptions 7,200.00 7,200.00 18,151.58 3,882.38 252.11 - 10,951.58 800-5240-65-00 Postage and Delivery 1,000.00 1,000.00 155.16 15.52 844.84 800-5265-65-00 Promotional Expense 45,000.00 45,000.00 11,034.00 24.52 33,966.00 800-5280-65-00 Printing and Reproduction 2,500.00 2,500.00 2,500.00 800-5310-65-00 Rental Expense 47,500.00 47,500.00 24,421.80 4,070.30 51.41 23,078.20 800-5330-65-00 Copier Expense 5,500.00 5,500.00 1,219.18 323.89 22.17 4,280.82 800-5340-65-00 Building Repairs 500.00 500.00 157.35 31.47 342.65 800-5410-65-00 Professional Services 70,000.00 70,000.00 33,879.74 8,152.50 31,250.00 48.40 4,870.26 800-5412-65-00 Audit Fees 1,750.00 1,750.00 1,000.00 482.00 500.00 57.14 250.00 800-5430-65-00 Legal Fees 15,000.00 15,000.00 15,000.00 800-5520-65-00 Telephones 4,200.00 4,200.00 1,235.74 248.95 29.42 2,964.26 800-5523-65-00 Water 500.00 500.00 135.48 27.35 27.10 364.52 800-5524-65-00 Gas 400.00 400.00 136.85 32.27 34.21 263.15 800-5525-65-00 Electricity 2,100.00 2,100.00 448.98 88.26 21.38 1,651.02 800-5526-65-00 Data Network 500.00 - 500.00 800-5530-65-00 Travel 15,000.00 15,000.00 15,000.00 800-5531-65-00 Prospect Mtgs/Business Meals 2,000.00 2,000.00 226.17 97.42 11.31 1,773.83 800-5533-65-00 Mileage Expense 1,500.00 1,500.00 1,500.00 800-5536-65-00 Training/Seminars 7,500.00 7,500.00 7,500.00 Item 5d Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon a resolution suspending the effective date of Oncor Electric Delivery Company’s requested rate change to permit the Town to establish reasonable rates. Description of Agenda Item: Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about March 17, 2017, with municipalities retaining original jurisdiction seeking to increase system-wide transmission and distribution rates by $317 million or approximately 7.5% over present revenues. The Company asks the Town to approve an 11.8% increase in residential rates and a 0.5% increase in street lighting rates. If approved, a residential customer using 1000 kWh per month would see a bill increase of approximately $6.68 per month. The resolution suspends the April 21, 2017, effective date of the Company's rate increase for the maximum period permitted by law to allow the Town, working in conjunction with the Steering Committee of Cities Served by Oncor, to evaluate the filing, determine whether the filing complies with the law, and if lawful, to determine what further strategy, including settlement, to pursue. The law provides that a rate request made by an electric utility cannot become effective until at least 35 days following the filing of the application to change rates. The law permits the Town to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the Town fails to take some action regarding the filing before the effective date, Oncor's rate request is deemed administratively approved. Although Oncor has increased rates many times over the past few years, this is the first comprehensive base rate case for the Company since January, 2011. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Attached Documents: 1. Resolution Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution suspending the effective date of Oncor Electric Delivery Company’s requested rate change to permit the Town to establish reasonable rates. Prosper is a place where everyone matters. FINANCE Item 5e Page 2 of 2 Recommended Motion: I move to approve a resolution suspending the effective date of Oncor Electric Delivery Company’s requested rate change to permit the Town to establish reasonable rates. Item 5e Resolution No. 17-__, Page 1 TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, SUSPENDING THE APRIL 21, 2017, EFFECTIVE DATE OF ONCOR ELECTRIC DELIVERY COMPANY’S REQUESTED RATE CHANGE TO PERMIT THE TOWN TIME TO STUDY THE REQUEST AND TO ESTABLISH REASONABLE RATES; APPROVING COOPERATION WITH THE STEERING COMMITTEE OF CITIES SERVED BY ONCOR TO HIRE LEGAL AND CONSULTING SERVICES AND TO NEGOTIATE WITH THE COMPANY AND DIRECT ANY NECESSARY LITIGATION AND APPEALS; FINDING THAT THE MEETING AT WHICH THIS RESOLUTION IS ADOPTED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS RESOLUTION TO THE COMPANY AND LEGAL COUNSEL FOR THE STEERING COMMITTEE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on or about March 17, 2017, Oncor Electric Delivery Company (“Oncor”), pursuant to PURA §§ 33.001 and 36.001, filed with the Town of Prosper a Statement of Intent to increase electric transmission and distribution rates in all municipalities exercising original jurisdiction within its service area effective April 21, 2017; and WHEREAS, the Town of Prosper is a member of the Steering Committee of Cities Served by Oncor (“Steering Committee”) and will cooperate with the 156 similarly situated city members and other city participants in conducting a review of Oncor’s application and to hire and direct legal counsel and consultants, prepare a common response, negotiate with Oncor prior to setting reasonable rates and direct any necessary litigation; and WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days after the date the rate change would otherwise be effective; and WHEREAS, PURA § 33.023 provides that costs incurred by Steering Committee cities in ratemaking proceedings are to be reimbursed by the regulated utility. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The April 21, 2017, effective date of the rate request submitted by Oncor on or about March 17, 2017, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. SECTION 3 Item 5e Resolution No. 17-__, Page 2 As indicated in the Town’s resolution approving membership in the Steering Committee, the Executive Committee of the Steering Committee is authorized to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations regarding reasonable rates, and to intervene and direct any necessary administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the Town or Public Utility Commission. SECTION 4 The Town’s reasonable rate case expenses shall be reimbursed by Oncor. SECTION 5 It is hereby officially found and determined that the meeting at which this Resolution is passed is open to the public as required by law and the public notice of the time, place, and purpose of said meeting was given as required. SECTION 6 A copy of this Resolution shall be sent to Oncor, c/o Howard Fisher, Oncor Electric Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-1725. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 11TH DAY OF APRIL, 2017. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 5e Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon a resolution supporting US 380 as a future limited access roadway within the corporate limits of the Town of Prosper from FM 1385 to Custer Road (FM 2478). Description of Agenda Item: Due to the growth in Collin and Denton Counties, traffic on US 380 has increased significantly and is expected to continue to increase. As a result, the Collin County Commissioner’s Court recently passed a resolution prioritizing the following four limited access roadway corridors in Collin County: •US 380 •State Highway 78 •A north-south corridor west of Lake Lavon •Outer Loop from the Denton County line to east of US 75 A limited access roadway would be a freeway type roadway with main lanes, frontage roads, entrance and exit ramps, and grade-separated interchanges. In Collin County, construction to widen US 380, from Custer Road to approximately a mile east of Preston Road, to a six-lane urban roadway was recently completed. Although the additional lanes help with traffic congestion in the near term, future traffic models show major congestion even with six lanes. Further capacity improvements will be needed to improve mobility through the corridor. TxDOT is currently reconstructing US 380 from east of Preston Road to the Collin/Denton County Line. This project includes a short section of limited access roadway and grade-separated interchanges at Preston Road and the Dallas North Tollway. If Collin County proceeds as stated in their letter, reconstruction of US 380 to a limited access roadway could occur first in cities where there is support for the project. In Denton County, preliminary planning has begun on widening US 380 to six lanes with grade- separated interchanges located potentially at Legacy Drive, Teel Parkway, and FM 423. Staff has been coordinating with TxDOT since the early stages of this project. Budget Impact: No funding required at this time. In the future some local funds may be required for right-of-way and/or construction. Prosper is a place where everyone matters. ENGINEERING Item 5f Page 2 of 2 Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality. Attached Documents: 1. Collin County Letter 2. Resolution Town Staff Recommendation: Town staff recommends that the Town Council approve a resolution in support of US 380 as a future limited access roadway within the corporate limits of the Town of Prosper from FM 1385 to Custer Road (FM 2478). Proposed Motion: I move to approve a resolution in support of US 380 as a future limited access roadway within the corporate limits of the Town of Prosper from FM 1385 to Custer Road (FM 2478). Item 5f Office of the County Judge Jack Hatchell Admin Building 2300 Bloomdale Rd., Suite 4192 McKinney, Texas 75071 Office 972-548-4631 Fax 97 2-548-4 6 9 9 www.collincountytx.gov COLLIN COUNTY 4 COL L. IN COUNTY April 20, 2016 TO: Collin County Mayors Dear Mayors: The Commissioners Court of Collin County is greatly concerned about the future mobilit y o f t h o s e w h o will live and work in the many fine cities in Collin County as well as the rural areas of the C o u n t y . T h e Commissioners Court approved an updated Mobility Plan in 2014 which is used by the C o u n t y , t h e c i t i e s , TxDOT and others as a guide to assuring adequate future mobility. However, it became e v i d e n t f r o m t h i s update that current transportation planning is not adequate for the long term. At our meeting on February 1, 2016, Commissioners Court concluded that one of the ma j o r e l e m e n t s that has to be added to the Mobility Plan is more "limited access roadways" (LARs). Any t y p e o f s m a l l e r roadway does not have the capacity needed to accommodate Collin County's growth. Th e Commissioners Court adopted a Court Order (attached) that established their perspective o f p r i o r i t y LARs to be considered for inclusion into the Mobility Plan in the County as well as the Reg i o n a l plan and State plan. Also attached is a map identifying the corridors of the proposed LARS. The Court is committed to working with the cities and all other transportation agencies in the County to i m p l e m e n t the priorities in this Court Order. Members of the Commissioners Court are available to prese n t t h i s information to your City Council; just contact your Commissioner or the County Judge. You received a letter dated March 25, 2016, from Michael Morris (NCTCOG) and Kelly Selman ( T x D O T ) asking for your recommendation of three major projects to advance through the environme n t a l p r o c e s s . Although they asked for our submissions by April 15, we have learned that this was not a rig i d d e a d l i n e . If you have not submitted anything we encourage you to do so as soon as possible. Finally our consultant is completing traffic projections for the population and employment w h e n o u r county is "built-out". This is critical to be able to determine what transportation facilities will b e required and for us to make wise transportation decisions as we grow. We will be sharing this information with you soon and asking all the transportation agencies in the County to join to g e t h e r t o develop a "master plan" to guide us as we all implement our parts of the plan. Thank you for your service to your city. We look forward to working with you as we provide f o r t h e future residents and employees of our Cities and County. Keith Self County Judge cc: City Secretary/City Managers/Administrators RECEIVED APR 2 3 2016 CITY OF FRISCO CITY MANAGER'S OFFICE Item 5f ATTEST: yK- Ex ommissioners ourt Collin County, TEXAS Cheryl With Chris Hill, DuncanAMIEZoihriiissTaii COURT ORDER NO. 2016- OS °1 -02-01 THE STATE OF TEXAS COUNTY OF COLLIN Subject: Limited Access Roadways (LARs) Priority List — Commissioner Precinct 4 On February 1, 2016, the Commissioners Court of Collin County, Texas, met in regular session with the following members present and participating, to wit: Keith Self County Judge, Presiding Susan Fletcher Commissioner, Precinct 1 Cheryl Williams Commissioner, Precinct 2 Chris Hill Commissioner, Precinct 3 Duncan Webb Commissioner, Precinct 4 During such session the court considered a request for approval to recommend and support the Limited Access Roadways (LARs) priority list. Thereupon, a motion was made, seconded and carried with a majority vote of the court for approval to recommend the following transportation corridors be prioritized, planned, supported and funded as Limited Access Roadways (LARs): 1.) Highway 380 2.) Highway 78 3.) North-South Corridor west of Lavon and 4.) Outerloop (from Denton County line east to US 75) and the Court requests the Regional Transportation Council and TxDOT work with Collin County in getting these priority projects planned, cleared and funded. Same is hereby approved in accordance with the attached documentation. Ketth Selfy-county Juctb 1lCcdata011cornottss,onet court n shepher0ge11Word Data1Court 2016 \COURT ORDERS102•01-16 Court Sgned141124 • LAR P o o n t y L i s t 0 2 0 1 d o c Item 5f 28 9 TE X A S - 69 1 'R i c h a r d s o n Item 5f TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, IN SUPPORT OF U.S. HIGHWAY 380 AS A FUTURE LIMITED ACCESS ROADWAY WITHIN THE CORPORATE LIMITS OF THE TOWN (FROM FM 1385 TO CUSTER ROAD); MAKING FINDINGS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a limited access roadway will provide improved traffic mobility; and WHEREAS, improved traffic mobility will complement economic development, improve air quality, advance traffic safety, and generally enhance the quality of life for all residents as well as the traveling public; and WHEREAS, the Collin County Commissioners Court has prioritized U.S. Highway 380 to be planned, supported and funded as Limited Access Roadway (LAR) to enhance traffic mobility in the region and achieve the resulting economic and social benefits; and WHEREAS, the Town Council desires to express its support of U.S. Highway 380 becoming a future Limited Access Roadway. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Resolution as if fully set forth herein. SECTION 2 The Town Council of the Town of Prosper, Texas, hereby expresses its support of U.S. Highway 380 as a future Limited Access Roadway within the corporate limits of the Town of Prosper (from FM 1385 to Custer Road). SECTION 3 Any and all resolutions, rules, regulations, policies, or provisions in conflict with the provisions of this Resolution are hereby repealed and rescinded to the extent of any conflict herewith. SECTION 4 This Resolution shall be effective from and after its passage by the Town Council. Item 5f Resolution No. 17-__, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF APRIL, 2017. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 5f Page 1 of 2 To: Mayor and Town Council From: Hulon T. Webb, Jr, P.E., Executive Director of Development and Community Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon an ordinance amending Section 12.09.003 "Speed Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances by modifying the prima facie speed limits on certain streets. Description of Agenda Item: At the March 28, 2017, Town Council meeting, the Town Council discussed the various existing speed limits on the Town’s roadways and supported alterations to the speed limits for consistency. To simplify the codification process, this ordinance restates all speed limits within the Town of Prosper. Only the following speed limits are established or modified by the attached ordinance. Coleman Street Gorgeous Drive to Talon Lane 45 Coleman Street Talon Lane to SH 289 (Preston Road) 45 First Street Legacy Drive to 400’ West of BNSF Railroad 45 First Street Craig Road to FM 2478 (Custer Road) 45 Fishtrap Road FM 1385 to Legacy Drive 45 Gee Road US 380 (University Drive) to Fishtrap Road 45 Good Hope Road Mill Branch Drive to Parvin Road 35 La Cima Boulevard US 380 (University Drive) to First Street 45 Lovers Lane US 380 (University Drive) to SH 289 (Preston Road) 45 Prairie Drive 1,400 feet west of Legacy Drive to Legacy Drive 45 Prosper Trail Dallas Parkway to SH 289 (Preston Road) 45 Prosper Trail SH 289 (Preston Road) to 1,000 feet east of SH 289 (Preston Road) 45 Richland Boulevard SH 289 (Preston Road) to Lovers Lane 45 Richland Boulevard 900 feet west of La Cima Boulevard to 400 feet east of La Cima Boulevard 45 Richland Boulevard Prosper Commons Boulevard to Coit Road 45 Richland Boulevard Coit Road to 900 feet east of Coit Road 45 Talon Lane Coleman Street to Frontier Parkway 45 Teel Parkway US 380 (University Drive) to Fishtrap Road 45 Teel Parkway Fishtrap Road to Prosper Road 35 Windsong Parkway 1,000 feet North of US 380 (University Drive) to Mill Branch Drive 35 Prosper is a place where everyone matters. ENGINEERING Item 5g Page 2 of 2 Budget Impact: The cost of the additional speed limit signs necessary to make the changes is unknown. It is anticipated that the existing FY2016-2017 Adopted Street Department Budget has adequate funding to cover the cost of the additional speed limit signs. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality. Attached Documents: 1. Existing Speed Limit Map 2. Proposed Speed Limit Map 3. Ordinance Town Staff Recommendation: Town staff recommends that the Town Council approve an ordinance amending Section 12.09.003 "Speed Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances to modify the prima facie speed limits on certain streets. Proposed Motion: I move to approve an ordinance amending Section 12.09.003 "Speed Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles" of the Town's Code of Ordinances to modify the prima facie speed limits on certain streets. Item 5g Ex i s t i n g S p e e d L i m i t s FR O N T I E R  PK W Y PA R V I N  RD FM  1461  (FRONTIER  PKWY) PR O S P E R  TR D A L L A S   P K W Y PR O S P E R  RD L E G A C Y   D R T E E L   P K W Y G O O D   H O P E   R D C O O K   L N C O L E M A N   S T F M   1 3 8 5 PROSPER  TR C O I T   R D H A Y S   R D FM 2478 (CUSTER RD) FM  11 9 3  (B R O A D W A Y ) FI R S T  ST FI S H T R A P  RD G E E   R D PR A I R I E  DR C R   2 7 W I N D S O N G P K W Y FIRST  ST L O V E R S   L N RI C H L A N D  BL V D 30 M P H 35 M P H 4 0 M P H 4 5 M P H 5 0 M P H 55 M P H 6 0 M P H G W US  38 0  (U N I V E R S I T Y  DR ) US  380  (UNIVERSITY  DR) AL L  NE I G H B O R H O O D  ST R E E T S  AR E  25  MP H  UN L E S S  OT H E R W I S E  NO T E D Item 5g Pr o p o s e d S p e e d L i m i t s FR O N T I E R  PK W Y PA R V I N  RD FM  1461  (FRONTIER  PKWY) PR O S P E R  TR D A L L A S   P K W Y PR O S P E R  RD L E G A C Y   D R G O O D   H O P E   R D C O O K   L N C O L E M A N   S T F M   1 3 8 5 PROSPER  TR C O I T   R D H A Y S   R D FM 2478 (CUSTER RD) FM  11 9 3  (B R O A D W A Y ) T E E L   P K W Y FI R S T  ST G E E   R D PR A I R I E  DR C R   2 7 W I N D S O N G P K W Y FIRST  ST L O V E R S   L N RI C H L A N D  BL V D FI S H T R A P  RD 30 M P H 35 M P H 4 0 M P H 4 5 M P H 5 0 M P H 55 M P H 6 0 M P H G W US  38 0  (U N I V E R S I T Y  DR ) US  380  (UNIVERSITY  DR) AL L  NE I G H B O R H O O D  ST R E E T S  AR E  25  MP H  UN L E S S  OT H E R W I S E  NO T E D Item 5g TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 12.09.003, “SPEED LIMITS ON SPECIFIC STREETS,” OF CHAPTER 12, “TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE TOWN OF PROSPER BY MODIFYING THE PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS WITHIN THE TOWN OF PROPSER; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation duly organized under the laws of the State of Texas; and WHEREAS, Section 545.356 of the Texas Transportation Code provides that the governing body of a municipality may alter prima facie speed limits by ordinance based on the results of an engineering and traffic investigation; and WHEREAS, the Town has investigated the speed limits on streets within its corporate limits and has determined that restating and modifying the prima facie speed limits is in the best interests of the Town and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Existing Section 12.09.003, “Speed Limits on Specific Streets,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances of the Town of Prosper, Texas, is hereby amended by modifying the prima facie speed limits on certain streets, to read as follows: “Sec. 12.09.003 Speed Limits on Specific Streets A person shall not operate a vehicle upon a public street or highway listed in this section at a speed greater than established by this section, with the limits established being prima facie evidence that the speed is not reasonable and prudent and that the speed is unlawful. The following maximum speed limits are established: Item 5g Ordinance No. 17-__, Page 2 Town Streets Street Name Limits Speed Limit (MPH) Broadway McKinley Street to Coleman Street 25 Coit Road US 380 (University Drive) to FM 1461 (Frontier Pkwy) 45 Coleman Street Broadway to Gorgeous Drive 30 Coleman Street Gorgeous Drive to Talon Lane 45 Coleman Street Talon Lane to SH 289 (Preston Road) 45 Cook Lane 1,300 feet south of Prosper Trail to Prosper Trail 35 CR 27 Dallas Parkway to First Street 35 Craig Road SH 289 (Preston Road) to FM 1193 (Broadway) 25 Dallas Parkway US 380 (University Drive) to Frontier Parkway 45 First Street Legacy Drive to 400’ West of BNSF Railroad 45 First Street 400’ West of BNSF Railroad to Craig Road 30 First Street Craig Road to FM 2478 (Custer Road) 45 Fishtrap Road FM 1385 to Legacy Drive 45 Frontier Parkway Legacy Drive to Dallas Parkway 35 Frontier Parkway Dallas Parkway to SH 289 (Preston Road) 45 Gee Road US 380 (University Drive) to Fishtrap Road 45 Good Hope Road Mill Branch Drive to Parvin Road 35 Hays Road First Street to South Chandler Circle 30 La Cima Boulevard US 380 (University Drive) to First Street 45 Legacy Drive US 380 (University Drive) to Prairie Drive 45 Legacy Drive Fishtrap Road to Frontier Parkway 35 Lovers Lane US 380 (University Drive) to SH 289 (Preston Road) 45 Item 5g Ordinance No. 17-__, Page 3 McKinley Street First Street to Fifth Street 25 Main Street First Street to Seventh Street 25 Parvin Road FM 1385 to Legacy Drive 35 Prairie Drive 1,400 feet west of Legacy Drive to Legacy Drive 45 Prosper Commons Blvd. US 380 (University Drive) to Richland Boulevard 30 Prosper Road Teel Parkway to Legacy Drive 35 Prosper Trail Legacy Drive to Dallas Parkway 35 Prosper Trail Dallas Parkway to SH 289 (Preston Road) 45 Prosper Trail SH 289 (Preston Road) to 1,000 feet east of SH 289 (Preston Road) 45 Prosper Trail 1,000 feet east of SH 289 (Preston Road) to FM 2478 (Custer Road) 45 Richland Boulevard SH 289 (Preston Road) to Lovers Lane 45 Richland Boulevard 900 feet west of La Cima Boulevard to 400 feet east of La Cima Boulevard 45 Richland Boulevard Prosper Commons Boulevard to Coit Road 45 Richland Boulevard Coit Road to 900 feet east of Coit Road 45 Talon Lane Coleman Street to Frontier Parkway 45 Teel Parkway US 380 (University Drive) to Fishtrap Road 45 Teel Parkway Fishtrap Road to Prosper Road 35 Windsong Parkway US 380 (University Drive) to 1,000 feet North of US 380 (University Drive) 35 Windsong Parkway 1,000 feet North of US 380 (University Drive) to Mill Branch Drive 35 State Highways Highway Limits Speed Limit (MPH) BUS 289D (Coleman Street) US 380 (University Drive) to 1,800 feet South of First Street 55 BUS 289D (Coleman Street) 1,800 feet South of First Street to 750 feet South of First Street 45 BUS 289D (Coleman Street) 750 feet South of First Street to FM 1193 (Broadway) 30 Item 5g Ordinance No. 17-__, Page 4 FM 1193 (Broadway) BS 289D (Coleman Street) to SH 289 (Preston Road) 35 FM 1385 US 380 to Parvin Road 55 FM 1461 (Frontier Pkwy) SH 289 (Preston Road) to FM 2478 (Custer Road) 55 FM 2478 (Custer Road) US 380 (University Drive) to FM 1461 (Frontier Pkwy) 55 SH 289 (Preston Road) US 380 (University Drive) to FM 1461 (Frontier Pkwy) 55 US 380 (University Drive) FM 1385 to Red Bud Drive 60 US 380 (University Drive) Red Bud Drive to FM 2478 (Custer Road) 55 SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason, held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town of 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. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense. SECTION 6 This Ordinance shall become effective after its passage and publication, as required by law. Item 5g Ordinance No. 17-__, Page 5 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF APRIL, 2017. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Item 5g Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 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 April 4, 2017, 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.Attachment 1 – Preliminary Site Plan for Precision Addition (300 Broadway) Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant Precision Addition Site Plan East Side of McKinley Street, 200± feet South of Broadway Street Two 4,702- square-foot buildings Office / Warehouse Unknown 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 5h I t e m 5 h Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 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 (Pinnacle Montessori), on 3.1± acres, located on the south side of future Richland Boulevard, 1,500± feet east of Coit Road. This property is zoned Planned Development-38 (PD-38). (S17-0001). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-38 Undeveloped US 380 District North Planned Development-25 Undeveloped US 380 District East Planned Development-38 Undeveloped US 380 District South Planned Development-38 Undeveloped US 380 District West Planned Development-38 Undeveloped US 380 District Requested Zoning – The purpose of this request is to allow for a Child Day Care Center (Pinnacle Montessori). Exhibit B shows the proposed layout which consists of a one-story, 10,970 square foot building, 41 parking spaces allowing for 200 students and 18 teachers. Exhibit C is a conceptual landscape plan, which depicts the location of required landscaping. The landscaping meets the minimum standards of the Town’s Zoning Ordinance. Exhibit D shows a conceptual rendering depicting the architectural look and style of the building. The elevations are consistent with the Conceptual Development Plan elevations, required per PD-38, which were approved by the Planning & Zoning Commission and Town Council, which is Prosper is a place where everyone matters. PLANNING Item 7 Page 2 of 3 attached for reference. The development will be required to meet the non-residential design and development standards of the Zoning Ordinance. The Zoning Ordinance contains four criteria to be considered in determining the validity of a SUP request. These criteria, as well as staff’s responses for each, are below: 1. Is the use harmonious and compatible with its surrounding existing uses or proposed uses? The surrounding properties are undeveloped and zoned for single family residential to the north and retail to the east, west, and south. 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 the use of a Child Day Care Center. 3. Is the nature of the use reasonable? The Future Land Use Plan (FLUP) recommends US 380 District uses for the property, which envisions a range of uses, including retail and service uses. The proposed use is permitted by SUP within the retail district; therefore, the nature of the use is reasonable. 4. Has any impact on the surrounding area been mitigated? The proposed use will have minimal impact on the surrounding area. Future Land Use Plan – The Future Land Use Plan recommends US 380 District uses for the property. This request conforms to the Future Land Use Plan. Conformance to the Thoroughfare Plan – The SUP exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water service and sanitary sewer service will need to be extended to the site prior to or in conjunction with development. Access – Access to the property is provided from Future Richland Boulevard. 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. Ordinance Item 7 Page 3 of 3 3. SUP Exhibits A, B, C, and D 4. Approved Conceptual Development Plan Elevations Planning & Zoning Commission Recommendation: At their March 21, 2017, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0. Town Staff Recommendation: Town staff recommends the Town Council approve an ordinance for a Specific Use Permit (SUP) for a Child Day Care Center (Pinnacle Montessori), on 3.1± acres, located on the south side of future Richland Boulevard, 1,500± feet east of Coit Road. Proposed Motion: I move to approve an ordinance for a Specific Use Permit (SUP) for a Child Day Care Center (Pinnacle Montessori), on 3.1± acres, located on the south side of future Richland Boulevard, 1,500± feet east of Coit Road. Item 7 S17-0001 CO I T R D UNIVERSITY DR LA K E W O O D D R RICHLAND BLVD LA K E W O O D D R CO I T R D 0 160 32080 Feet ± Item 7 S17-0001 CO I T R D UNIVERSITY DR LA K E W O O D D R RICHLAND BLVD LA K E W O O D D R CO I T R D SFPD-25 RPD-38 MPD-25 CORPD-2 SF R M R R R O COR MF 0 160 32080 Feet ± Item 7 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE; GRANTING A S PECIFIC USE PERMIT (SUP) FOR A CHILD DAY CARE CENTER, LOCATED ON A TRACT OF LAND CONSISTING OF 3.105 ACRES, MORE OR LESS, SITUATED IN TRACT 10, OF THE I.C. WILLIAMSON SURVEY, ABSTRACT NO. 948, IN THE TOWN OF PROSPER, COLLIN 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 Pinnacle Montessori (“Applicant”) for a Specific Use Permit (SUP) for a child day care center, on a tract of land zoned Planned Development-38 (PD-38), consisting of 3.105 acres of land, more or less, situated in Tract 10, of the I.C. Williamson Survey, Abstract No. 948, in the Town of Prosper, Collin 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 child day care center, on a tract of land zoned Planned Development-38 (PD-38), consisting of 3.105 acres of land, more or less, situated in Tract 10, of the I.C. Williamson Survey, Abstract No. 948, in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes as if set forth verbatim. Item 7 Ordinance No. 17-__, Page 2 The development plans, standards, and uses for the Property in this Specific Use Permit shall conform to, and comply with 1) the concept plan, attached hereto as Exhibit “B”; 2) the concept landscape plan, attached hereto as Exhibit “C”; and 3) the concept elevations, attached hereto as Exhibit “D”; which are incorporated herein for all purposes as if set forth verbatim. All development plans, standards, and uses for the Property shall comply fully with the requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently exist or may be amended. Two (2) original, official, and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. One (1) copy shall be filed with the Town Secretary and retained as an original record and shall not be changed in any manner. b. One (1) copy shall be filed with the Building Official and shall be maintained up-to- date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy, and enforcing the zoning ordinance. Reproduction for information purposes may from time-to-time be made of the official zoning district map. SECTION 3 No Vested Interest/Repeal. No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4 Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5 Penalty. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6 Severability. Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each Item 7 Ordinance No. 17-__, Page 3 section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 7 Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances shall remain in full force and effect. SECTION 8 Effective Date. This Ordinance shall become effective from and after its adoption and publications as required by law. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF APRIL, 2017. ______________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 7 Item 7 Item 7 I t e m 7 ARCHITECTURE P L A N N I N G I N T E R I O R S • • • 2655 PEAVY ROAD DALLAS, TEXAS 75228 PHONE: 214.641.6665 FAX: 214.327.8383 charlie@raainc.com PR O P O S E D N E W F A C I L I T Y F O R PR O S P E R , T E X A S PI N N A C L E M O N T E S S O R I A C A D E M Y EXHIBIT-D TRACT 10 C. WILLIAJSON SURVEY, ABST. NO. 948 TOWN OF PROSPER, COLLIN COUNTY, TEXAS Date:Scale:Sheet: February 6, 2017 PINNACLE MONTESSORI, LLC EXH-D TOWN PROJECT # S17-0001 34 sq ft 34 sq ft 34 sq ft 34 sq ft 34 sq ft 27 ' - 6 " 25 ' - 0 " 19 ' - 0 " 27 ' - 6 " 25 ' - 0 " 33 ' - 0 " 33 ' - 0 " 2'-0"30'-0"19'-7"28'-8"42'-8"26'-8"2'-0" 2'-0"3'-0"30'-11"7'-0"52'-1"3'-0"2'-0" 2'-0"26'-8"42'-8"28'-8"17'-6"2'-0"30'-0"2'-0" 2'-0"5'-0"27'-6"31'-0"27'-6"5'-0"2'-0"4'-0"23'-0"4'-0" COMPOSITION SHINGLES CEDAR WOOD TRIM FACE BRICK STONE VENEER CEDAR WOOD TRIM STONE VENEER COMPOSITION SHINGLES CEDAR WOOD TRIM FACE BRICK STONE VENEER COMPOSITION SHINGLES CEDAR WOOD TRIM FACE BRICK STONE VENEER COMPOSITION SHINGLES CEDAR WOOD TRIM FACE BRICK STONE VENEER CEDAR WOOD TRIM CEDAR WOOD TRIM CEDAR WOOD TRIM CEDAR WOOD TRIM CEDAR WOOD TRIM CEDAR WOOD TRIM SIGN - TYP. DSDS DSDS DS DS MATERIALS CALCULATIONS - ACADEMY ELEVATIONS NORTH EAST SOUTH WEST SURFACE AREA SQ.FT. % SQ.FT. % SQ.FT. % SQ.FT. % TOTAL 1,517 1,387 1,158 1,387 GLAZING 463 381 249 381 NET 1,054 100 1,006 100 909 100 1,006 100 FACE BRICK 286 28 535 53 485 53 535 53 STONE 654 62 370 37 333 37 370 37 CEDAR WD TRIM 114 10 101 10 91 10 101 10 MATERIALS CALCULATIONS - ACADEMY ELEVATIONS NORTH EAST SOUTH WEST SURFACE AREA SQ.FT. % SQ.FT. % SQ.FT. % SQ.FT. % TOTAL 1,517 1,387 1,158 1,387 GLAZING 463 381 249 381 NET 1,054 100 1,006 100 909 100 1,006 100 FACE BRICK 286 28 535 53 485 53 535 53 STONE 654 62 370 37 333 37 370 37 CEDAR WD TRIM 114 10 101 10 91 10 101 10 N ACADEMY NORTH ELEV (W/O PORTE COCHERE) ACADEMY EAST ELEVATION ACADEMY SOUTH ELEVATION 3/ 16" = 1'-0" NOTE • “This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department” • "All mechanical equipment shall be screened from public view in accordance with the Zoning Ordinance" • “When permitted, exposed utility boxes and conduits shall be painted to match the building” • "All signage areas and locations are subject to approval by the Building Inspections Department" • “Windows shall have a maximum exterior visible reflectivity of ten (10) percent.” • "Any deviation from the approve facade plan will require reapproval by the Town." ACADEMY NORTH ELEVATION - PORTE COCHERE BUILDING MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH PLANNED DEVELOPMENT - 38, AND THE FACADE REGULATIONS OF THE TOWN'S ZONING ORDINANCE. ACADEMY WEST ELEVATION ACADEMY FOOTPRINT REV. 3-14-2017 Item 7 ARCHITECTURE P L A N N I N G I N T E R I O R S • • • 2655 PEAVY ROAD DALLAS, TEXAS 75228 PHONE: 214.641.6665 FAX: 214.327.8383 charlie@raainc.com PR O P O S E D N E W F A C I L I T Y F O R PR O S P E R , T E X A S PI N N A C L E M O N T E S S O R I A C A D E M Y CONCEPT PLAN D16-0072 Prosper Crossing, Tract B PINNACLE MONTESSORI of PROSPER TOWN OF PROSPER, COLLIN COUNTY, TEXAS Date:Scale:Sheet: October, 2016 PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! PINNACLE MONTESSORI! Reach for the Stars FRANCHISE*CONSTRUCTION*MANUAL* * Chapter*3*–*Design*and*Engineering! 34 sq ft 34 sq ft 34 sq ft 34 sq ft 34 sq ft 96 sq ft 27 ' - 6 " 25 ' - 0 " 19 ' - 0 " 28 ' - 9 " 25 ' - 0 " COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER WOOD TRIM STONE VENEER COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER COMPOSITION SHINGLES WOOD TRIM FACE BRICK STONE VENEER WOOD TRIM WOOD TRIM WOOD TRIM WOOD TRIM WOOD TRIM WOOD TRIM DSDS DSDS DSDS DS DS MATERIALS CALCULATIONS - ACADEMY ELEVATIONS NORTH EAST SOUTH WEST SURFACE AREA SQ.FT. % SQ.FT. % SQ.FT. % SQ.FT. % TOTAL 1,517 1,387 1,158 1,387 GLAZING 463 381 249 381 NET 1,054 100 1,006 100 909 100 1,006 100 MASONRY 286 28 535 53 485 53 535 53 STONE 654 62 370 37 333 37 370 37 WOOD TRIM 114 10 101 10 91 10 101 10 MATERIALS CALCULATIONS - ACADEMY ELEVATIONS NORTH EAST SOUTH WEST SURFACE AREA SQ.FT. % SQ.FT. % SQ.FT. % SQ.FT. % TOTAL 1,517 1,387 1,158 1,387 GLAZING 463 381 249 381 NET 1,054 100 1,006 100 909 100 1,006 100 MASONRY 286 28 535 53 485 53 535 53 STONE 654 62 370 37 333 37 370 37 WOOD TRIM 114 10 101 10 91 10 101 10 N ACADEMY NORTH ELEVATION (W/O PORTE COCHERE) ACADEMY EAST ELEVATION ACADEMY SOUTH ELEVATION CP.33/ 16" = 1'-0" BUILDING MATERIALS AND COLORS SHALL CONFORM TO THE BUILDINGS FOR TRACT A NOTE • “This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspections Department” • "All mechanical equipment shall be screened from public view in accordance with the Zoning Ordinance" • “When permitted, exposed utility boxes and conduits shall be painted to match the building” • "All signage areas and locations are subject to approval by the Building Inspections Department" • “Windows shall have a maximum exterior visible reflectivity of ten (10) percent.” ACADEMY NORTH ELEVATION - PORTE COCHERE BUILDING MUST BE DESIGNED AND CONSTRUCTED IN ACCORDANCE WITH PLANNED DEVELOPMENT - 38, AND THE FACADE REGULATIONS OF THE TOWN'S ZONING ORDINANCE.ACADEMY WEST ELEVATION ACADEMY FOOTPRINT Item 7 Page 1 of 6 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Conduct a Public Hearing, and consider and act upon a request to amend a portion of Planned Development-25 (PD-25), on 236.5± acres, in order to modify the residential architectural requirements, located on the east side of Coit Road, 800± feet south of First Street. (Z17-0001). Description of Agenda Item: The zoning and land use of the surrounding properties are as follows: Zoning Current Land Use Future Land Use Plan Subject Property Planned Development-25 Lakewood, Phase 1 (Under Construction) and Undeveloped Medium Density Residential North Planned Development-39 and Single Family-15 Undeveloped Medium Density Residential East Planned Development-25 Undeveloped Medium Density Residential South Planned Development-25 Rogers Middle School and Undeveloped Medium Density Residential and US 380 District West Planned Development-2 and Planned Development-6 Orion Apartments and La Cima Subdivision Medium Density Residential and US 380 District The purpose of the proposed PD amendment is to modify the architectural requirements for the Lakewood subdivision, specifically regarding window, roof pitch, garages, driveway, walkway and tree requirements. PD-25 includes ‘Tract A’ and ‘Tract B,’ which are shown on the attached Preliminary Plat exhibit. The proposed amendment includes modifications to ‘Exhibit F,’ which applies to ‘Tract A,’ and to ‘Exhibit G,’ which applies to ‘Tract B.’ Prosper is a place where everyone matters. PLANNING Item 8 Page 2 of 6 The current standards and proposed redlined standards are attached for reference. The general requested modifications are outlined in the following table: Exhibit(s) Topic/Section(s) Current PD Standards Proposed PD Standards F and G Windows/ 2.3 and 2.5 Requires that all windows visible from streets shall be painted or vinyl clad finishes wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds. Metal windows without brick mould are allowed only in private areas. Deleted F Roof Pitch/ 3.1 Requires 12:12 roof pitch where visible from street or common area, and 8:12 where not visible from street or common area Allows for 8:12 roof pitch (or 4:12 for clay or tile) G Roof Pitch/ 3.1 Requires 10:12 roof pitch where visible from street or common area, and 8:12 where not visible from street or common area Allows for 8:12 roof pitch (or 4:12 for clay or tile) F and G Roof Materials/ 3.2 Requires roof material to be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles or approved composition 30-year laminated shingles or other approved roof materials. Does not allow clay tile or imitation clay tile. Includes clay tile or imitation clay tile as permitted roofing material Item 8 Page 3 of 6 Exhibit(s) Topic/Section(s) Current PD Standards Proposed PD Standards F and G Driveway, Lead Walk, Entryway Material Requires driveway material to be brick pavers, stone, interlocking pavers, exposed aggregate or other approved materials. Developer may allow stamped or broom finished concrete with brick or stone borders on a case- by-case basis. Front entry surfaces must be brick, stone, slate, flagstone, or exposed aggregate. or other approved materials Lead walks from public sidewalk or driveway to front entry must be brick, stone, slate, flagstone or exposed aggregate. or other approved materials. Allows rock salt finish with brick or stone borders and stained concrete driveways. Requires cedar clad (or equivalent) garage doors, and limits the number of such doors that face the primary street F and G Garage Doors/ 5 No standards Require cedar clad (or equivalent) garage doors, and no more than two single doors or a double door can face the street. F Trees/ 7 Defines number, size, location, and species of trees required, including two 4” live oaks or red oaks in the front yard. In addition, for lots with over 70’ frontage adjacent to a street or park, a 5” live oak or red oak is required every 35’. Retains the front yard tree requirement, but expands the permitted species. Eliminates the requirement for a 5” tree every 35’. Requires two 4” trees in a side yard abutting a street. And of the required trees, requires one to be evergreen. G Trees/ 7 Defines number, size, location, and species of trees required, including two 4” live oak or red oak in the front yard. Requires two 4” live oaks or red oaks in the side yard abutting a street. Retains the front and side yard tree requirements, but expands the permitted species. And of the required trees, requires one to be evergreen. Item 8 Page 4 of 6 Staff’s responses to the proposed amendments are as follows: 1. Windows – The window standards currently included in PD are extremely detailed and specific, with regard to the material of window frames, orientation of the glass panes, and the location and exposure of the windows on the homes to the outside. Such standards are typically regulated and enforced by Architectural Control Committees, which are established by private deed restrictions. Such standards are difficult for Town staff to regulate and enforce, and are more appropriate in Homeowners Association Covenants, Conditions, and Restrictions. 2. Roofs – The PD currently requires 12:12 and 10:12 minimum roof pitches for Tracts A and B, respectively. The applicant is proposing to allow for a minimum 8:12 roof pitch, as well as to allow for 4:12 minimum roof pitches for clay tile roof, for both tracts. The proposed standards are consistent with the updated residential design standards that were adopted by the Town in 2015, and will allow the builders greater flexibility with regard to architectural design and style of the homes. 3. Driveways, and Lead Walkways – The PD currently defines the permitted driveway materials, including brick pavers, stone, interlocking pavers, exposed aggregate (with brick and stone border for Tract A), or other approved materials. Upon recommendation from the Executive Development Team (EDT), the applicant is proposing that all driveways and lead walks from a public sidewalk to the front entry to be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or broom finished concrete with brick or stone border, or a rock salt finish with a brick or stone border. In addition, front entry surfaces shall be brick, stone, slate, or flagstone. The applicant requested that exposed aggregate not be permitted for front entry surfaces. Regarding the lead walkways from the public sidewalk or driveway to the front entry, the PD limits the allowable materials to brick, stone, slate, flagstone, (exposed aggregate for Tract B), or other approved material. To be consistent with the proposed driveway materials, the applicant is proposing to allow rock salt finish and stained concrete, in order to define them as other approved materials, and in order to create consistency with the driveway material. 4. Garages – The PD does not have any standards regarding garage door material or limitations on doors facing a street. The applicant is proposing to require cedar clad garage doors, and limit the number of garage doors that face a primary street to two individual garage doors or one double garage door. For corner lots, a swing-in garage door facing a side street would be permitted. 5. Trees – The PD currently requires two 4” Live Oaks or Red Oaks in the front yard. The proposed PD allows for an expansion of the permitted species to include all Large Trees that are permitted by the Zoning Ordinance. For Tract A, for lots with over 70’ of frontage adjacent to a street or park, a 5” Live Oak or Red Oak is required every 35’. In lieu of that requirement, the applicant is proposing to require two, 4” trees in the side yard abutting a street, consistent with the requirement for Tract B. In addition, for the required trees, the proposed PD requires one to be evergreen. It is appropriate to broaden the list of permitted large trees, since an unforeseeable blight or disease could impact certain tree species. The other tree requirements are consistent with the new Town standards. Item 8 Page 5 of 6 Staff believes recommended amendments to the PD are reasonable, and that the development standards, which have been removed from the PD, are more appropriate for incorporation and enforcement under private deed restrictions. The modified development standards are in keeping with the Town’s requirements. Future Land Use Plan – The Future Land Use Plan recommends Medium Density Residential for the property; the proposed amendment conforms to the Future Land Use Plan. Thoroughfare Plan – The property has direct access to existing Coit Road, an ultimate six-lane divided thoroughfare, and First Street, an ultimate four-lane divided thoroughfare. The zoning exhibit complies with the Thoroughfare Plan. Water and Sanitary Sewer Services – Water and sanitary sewer services have been extended to the property. Access – The property currently has access from Coit Road and Lakewood Parkway from US 380. Adequate access is provided to the property. Schools – This property is served by the Prosper Independent School District. It is not anticipated that a school site will be needed on this property. Parks – It is not anticipated that this property will be needed for the development of a park. Environmental Considerations – No 100-year floodplain exists on the property. Legal Obligations and Review: Notification was provided to neighboring property owners, as required by state law. Staff has received one Public Hearing Notice Reply Form, not in opposition to the request. Attached Documents: 1. Location and Zoning Maps 2. Proposed Exhibits A and B 3. Request Letter 4. Current Exhibits F and G 5. Proposed Exhibits F and G (Redline) 6. Preliminary Plat Exhibit (Tracts A and B) Planning & Zoning Commission Recommendation: At their March 21, 2017, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0. Since the meeting, the applicant has revised the driveways and walkways by requiring brick or stone borders with rock salt finished driveways. Town Staff Recommendation: Town staff recommends the Town Council approve a request to amend a portion of Planned Development-25 (PD-25), on 236.5± acres, in order to modify the residential architectural requirements, located on the east side of Coit Road, 800± feet south of First Street. Item 8 Page 6 of 6 Proposed Motion: I move to approve a request to amend a portion of Planned Development-25 (PD-25), on 236.5± acres, in order to modify the residential architectural requirements, located on the east side of Coit Road, 800± feet south of First Street. Item 8 Z17-0001 FIRST ST CO I T R D L A K E W O O D D R SA L A D A D R RICHLAND BLVD ARBOL WAY TEXA N A D R NOCONA D R SPICEWOOD DR PALO DURO D R LEWIS CANY O N D R TO W N L A K E D R D O V E R D R TWIN B U T T E S D R MEA D O W B R O O K B L V D LAVACA LN M O O R L A N D P A S S D R CR 93 3 S P R I N G B R O O K D R FA L C O N D R MART I N C R E E K D R SH A R E D D R I V E W A Y HYDE CT BEECHWOOD DR COLD W A T E R D R OLD SHIRE PATH RD MA R B E L L A D R REDPINE DR BO O K E R C T 0 410 820205 Feet ± Item 8 Z17-0001 S-10 S-2 S-7 S-8 FIRST ST CO I T R D L A K E W O O D D R SA L A D A D R RICHLAND BLVD ARBOL WAY TEXA N A D R NOCONA D R SPICEWOOD DR PALO DURO D R LEWIS CANY O N D R TO W N L A K E D R D O V E R D R TWIN B U T T E S D R MEA D O W B R O O K B L V D LAVACA LN M O O R L A N D P A S S D R CR 93 3 S P R I N G B R O O K D R FA L C O N D R MART I N C R E E K D R SH A R E D D R I V E W A Y HYDE CT BEECHWOOD DR COLD W A T E R D R OLD SHIRE PATH RD MA R B E L L A D R REDPINE DR BO O K E R C T SFPD-25 SFPD-39 SF-10PD-6 SFPD-18 MPD-25 MFPD-2 SFPD-49 RPD-38 SFPD-50 CORPD-2 SF SF M SF SF SF-10 SF-15 MF SF R R R A R SF SF-15 A O A COR SF-10 SF-10 C C R O SF-15 A SF-15 0 410 820205 Feet ± Item 8 I t e m 8 Exhibit “B” Planned Development Standards Except as otherwise set forth in these development standards, the property set forth in Exhibit A, shall develop under Ordinance 06-73, as adopted by the Town Council on July 11, 2006. EXHIBIT “F” Single-family Residential Tract ‘A’ Design Guidelines 2. EXTERIOR MATERIALS & DETAILING: 2.3. DELETED 2.5. DELETED 3. ROOFING: 3.1 All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch for clay or tile applications). Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2 Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles, clay tile, approved imitation clay tile, or approved composition 30-year laminated shingles or other approved roof material. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways and lead walks from a public sidewalk to the front entry shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or broom finished concrete with brick or stone border, or a rock salt finish with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or flagstone. All garage doors shall be cedar clad doors or an approved equivalent. No more than two single doors or one double door may face the primary street on a front elevation (i.e. a third garage door may face a side street on comer lots). 7. TREES: Landscape requirements shall include a minimum of two 4" caliper trees in the front yard. In addition to the two required front yard trees, a minimum of two 4" caliper trees shall be planted in each side yard space abutting a street. Each lot Item 8 shall include at least one evergreen tree. The species of the trees shall be selected from the Town’s Plant List for “Large Trees.” EXHIBIT “G” Single-family Residential Tract ‘B’ Design Guidelines 2. EXTERIOR MATERIALS & DETAILING: 2.3. DELETED 2.5. DELETED 3. ROOFING: 3.1 All roofs shall have a minimum slope of 8:12 roof pitch (or 4: 12 roof pitch for clay or tile applications). Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2 Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles, clay tile, approved imitation clay tile, or approved composition 30-year laminated shingles or other approved roof material. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways and lead walks from a public sidewalk to the front entry shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or broom finished concrete with brick or stone border, or a rock salt finish with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or flagstone. All garage doors shall be cedar clad doors or an approved equivalent. No more than two single doors or one double door may face the primary street on a front elevation (i.e. a third garage door may face a side street on comer lots). 7. TREES: Landscape requirements shall include a minimum of two 4" caliper trees in the front yard. In addition to the two required front yard trees, a minimum of two 4" caliper trees shall be planted in each side yard space abutting a street. Each lot shall include at least one evergreen tree. The species of the trees shall be selected from the Town’s Plant List for “Large Trees.” Item 8 I t e m 8 I t e m 8 I t e m 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 Item 8 EXHIBIT "F" Single-family Residential Tract 'A' Design Guidelines for TOWN OF PROSPER, TEXAS 1. ARCHITECTURE: All residences must conform to the French Country or European style and character. The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. The Developer encourages the use of wood timbers, finials, decorative cornices, copper vents, cast stone decorative features, paint grip sheet metal, copper guttering and European architectural details that individualize each residence. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall he 100% masonry (brick, cast stone and stone) on all walls visible from any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick, stone or brick and stone, matching the materials used on the residence. All window headers, sides and sills, which are exposed to the street or ·common areas, shall be constructed of cast stone, natural stone, decorative shaped brick or a combination thereof. All windows will have a least 6" of exterior material between the header and fascia board. No Exterior Insulation and Finish Systems (E.I.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. All gutter and downspouts on the front of the house and any side that faces a street or common area shall be molded form of smooth round material. Gutters shall not drain across property lines. 2.3. DELETED All windows visible from streets shall be painted or vinyl clad finished wood or vinyl casement divided light windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows with brick mould surrounds . Metal windows without brick mould are allowed only in private enclosed yard areas. Item 8 2.4. For homes following the Type 'D' guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. DELETED Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone or a combination of these. Stone shall be in chopped rectangular shapes and random sizes. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. The supply conduit for electrical meters visible from streets or common areas shall enter the foundation beneath the final yard grade so that the electrical meter is recessed in the wall and the meter box front and the meter are the only items visible. 2. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING: 3.1. All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch for clay or tile applications).All roofs shall have a minimum slope of 12:12 roof pitch on any front and side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer. Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. Item 8 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles, clay tile, approved imitation clay tile, or approved composition 30-year laminated shingles or other approved roof materials. 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. Front to rear and side-to-side roof pitches must match on front elevations. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS I FENCING I SCREENING: 4.1. Walls and screens visible from streets or common areas shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Walls and screens not visible from streets or common areas may be constructed of smooth finish redwood or #1 grade cedar. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. 4.2. A common 4' wrought iron fence detail, to be used for all rear and side fencing within the greenbelt I flood plain areas, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots by solid screening walls that match the residence material. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES / DRIVEWAYS / WALKWAYS: All driveways and lead walks from a public sidewalk to the front entry shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or broom finished concrete with brick or stone border, or a rock salt finish with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or flagstone.All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, or exposed aggregate; with brick or stone bordersor other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, or flagstone. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone or other approved materials. All garage doors shall be cedar clad doors or an approved equivalent. No more than two single doors or one double door may face the primary street on a front elevation (i.e. a third garage door may face a side street on comer lots). Item 8 6. EXTERIOR LIGHTING: Each required tree shall be down lighted with a minimum of two landscape illumination fixtures connected to an electric eye photocell. In addition, all garage doors must have one exterior light per parking space. All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. All entrance down lights and all entrance bracket lights shall be controlled by electric eye photocells, and kept in working order at all times. All required tree lights, garage door lights, entrance down lights and entrance bracket lights shall illuminate at dusk and shall remain illuminated until sunrise. 7. TREES: Landscape requirements shall include a minimum of two 4" caliper trees live oaks or red oaks in the front yard. Any lot with more than 70 feet of frontage to adjacent streets and park will require no less than one 5" caliper live oak or red oak tree for every 35' of street and park frontage (or portion thereof) on each lot. For example, 80 feet of frontage would require 3 trees. In addition to the two required front yard trees, a minmum of two 4” caliper trees shall be planted in each side yard space abutting a street. Each lot shall include at least one evergreen tree. The species of the trees shall be selected from the Town’s Plant List for “Large Trees.” Item 8 EXHIBIT "G" Single-family Residential Tract 'B' Design Guidelines for TOWN OF PROSPER, TEXAS 1. ARCHITECTURE: The Developer encourages architectural continuity through traditional architectural style and the use of complementary materials, as well as architectural diversity through variation of hip and gable roofs, roof pitch, building offsets, garage entrances, garage sizes, etc. While each home should compliment adjacent structures, every home should have a unique identity through the use of detailing such as cast stone, wrought iron, window treatments, dormers, turrets, flat work, tree placement, brick details, natural stone, combining brick and natural stone, gas lights, landscape illumination, etc. 2. EXTERIOR MATERIALS & DETAILING: 2.1. Exterior materials shall be 100% masonry (brick, cast stone and stone) on all walls facing any street, and 80% masonry on each (not cumulative) remaining side and rear elevations. All exposed portions of the fire breast, flu and chimney shall be clad in brick , stone, brick and stone or stucco. No Exterior Insulation and Finish Systems (E.1.F.S.) are permitted on any exterior elevation or chimney. 2.2. The entire structure shall be guttered with downspouts. Gutters shall not drain across property lines. 2.3. DELETED All windows visible from streets shall be painted or vinyl clad finished wood, vinyl casement divided light windows, or approved metal windows. All windows facing any greenbelt area or floodplain shall be vinyl on wood casement divided light or wide metal frame windows. 2.4. For homes following the Type 'D' guidelines described in Section 1.7 of this document, no window shall be allowed on the zero side of a dwelling other than those windows that would view to a courtyard enclosed by a masonry wall. The height of such courtyard windows shall not be higher than the masonry wall. Glass block windows shall be allowed and shall not be bound by this restriction 2.5. DELETED Second story side windows shall be located so as to restrict views into adjacent windows, patios, and/or courtyards as reasonably possible. The Developer will review for approval the location of all second floor windows and shall make a reasonable effort to maintain the privacy of the surrounding property owners. Item 8 PageS6 of S7 2.6. Each structure shall have a minimum principal plate height of 10 feet on the first floor and a minimum plate height of 9 feet on garages. 2.7. A uniform house number style and house number locations will be selected by the developer. 2.8. A uniform mailbox style will be selected by the developer. 2.9. Stone shall be either Granberry, Millsap, Leuters, Limestone, a combination of these or as approved by the developer. 2.10. Cast Stone shall be light brown, white or cream in color with or without pitting. 2.11. Electrical meters visible from streets: 1. Any meter visible from the street or common area must be screened by solid fencing or landscape material. 3. ROOFING : 3.1. All roofs shall have a minimum slope of 8:12 roof pitch (or 4:12 roof pitch for clay or tile applications). All roofs shall have a minimum slope of 10:12 roof pitch on any side visible from a street or a common area and a minimum slope of 8:12 roof pitch for rear and sides not visible from a street or a common area. Architectural designs that warrant roof sections of less pitch will be given consideration by the Developer . Satellite Dishes shall not be installed in locations visible from the street, common areas or other residences. Solar Collectors, if used, must be integrated into the building design and constructed of materials that minimize their visual impact. Cornice, eave and architectural details may project up to two feet six inches. 3.2. Roof material shall be standing seam copper, approved standing seam metal, natural slate shingles, approved imitation slate shingles, clay tile, approved imitation clay tile, or approved composition 30-year laminated shingles or other approved roof materials . 3.3. Roof form shall be limited to gables, hip, Dutch hip or Dutch gable. Roof forms should be randomly distributed along each street. The Developer will require variation of roof pitch, dormer details, etc. for adjacent structures. 4. WALLS I FENCING I SCREENING: 4.1. Front walls and screens visible from streets shall be constructed of masonry matching that of the residence, masonry and wrought iron, or wrought iron. Side and rear fences shall be constructed of smooth finish redwood, # 1 grade cedar or other approved materials. All fence posts shall be steel set in concrete and shall not be visible from the alley or another dwelling. All fence tops shall be level with grade changes stepped up or down as the grade changes. Item 8 4.2. A common 4' wrought iron fence detail, to be used as required, will be chosen by the developer. 4.3. Equipment, air conditioning compressors, service yards, storage piles, woodpiles, garbage receptacles, and similar items must be visually screened from streets, alleys, common areas and neighboring lots. 4.4. Retaining walls built or abutting: front yards, side yards facing a greenbelt, or rear yards within a greenbelt shall be constructed of mortar-jointed brick matching the residence, or mortar-jointed Millsap stone. For retaining walls in other locations, concrete and rock shall be allowed. 5. GARAGES I DRIVEWAYS I WALKWAYS: All driveways and lead walks from a public sidewalk to the front entry shall be constructed of brick pavers, stone, interlocking pavers, exposed aggregate, stamped or broom finished concrete with brick or stone border, or a rock salt finish with a brick or stone border. Front entry surfaces shall be brick, stone, slate, or flagstone.All driveways fronting on a street shall be constructed of one or more of the following materials: brick pavers, stone, interlocking pavers, exposed aggregate or other approved materials. The Developer may consider front driveways of stamped or broom finished concrete with brick or stone borders on a case-by-case basis. All front entry surfaces must be constructed in brick, stone, slate, flagstone or exposed aggregate. All sidewalks and steps from the public sidewalk or front driveway to the front entry must be constructed in brick, stone, slate, flagstone, exposed aggregate or other approved materials. All garage doors shall be cedar clad doors or an approved equivalent. No more than two single doors or one double door may face the primary street on a front elevation (i.e. a third garage door may face a side street on comer lots). 6. EXTERIOR LIGHTING: All front entrances must have no less than one down light and a minimum of one bracket light beside each front entrance. 7. TREES: Landscape requirements shall include a minimum of two 4"caliper trees live oaks or red oaks in the front yard. In addition to the 2 required front yard trees, a minimum of two 4" caliper treeslive oaks or red oaks shall be planted in each side yard space abutting that abuts a street. Each lot shall include at least one evergreen tree. The species of the trees shall be selected from the Town’s Plant List for “Large Trees.” Item 8 By Alex Glushko at 8:32 am, Jan 07, 2015 Item 8 Page 1 of 3 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Conduct a Public Hearing and consider and act upon an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance by providing for a variance process for certain private clubs in conjunction with a restaurant use. (Z17-0002). Background and Purpose of the Proposed Amendment: On May 13, 2006, the Town conducted a “local option” election, and the voters approved the legal sale of mixed beverages in restaurants by food and beverage certificate holders only. For the purpose of this report, these restaurants are identified as “F&B Restaurants.” By approving this measure, the “dry” status of the Town was removed which allowed restaurants to serve alcoholic beverages without obtaining a private club permit. The private club permit process is a more onerous business model for restaurants and requires customers to technically become members of a “club.” The election only impacted properties that were annexed into the Town as of May 13, 2006. Per state law, any properties annexed into the Town after that date are “dry.” Therefore, any restaurants desiring to serve alcoholic beverages must utilize the private club process. In order to convert these “dry” areas of the Town to F&B Restaurant eligibility, another Town-wide local option election will have to be held. Most of the commercially-zoned properties in the Town that were annexed after May 13, 2006, and therefore are “dry,” are generally located at: 1. US 380, east of the Collin/Denton County line, 2. east side of the Dallas Parkway (DNT), north and south of First Street, 3. southwest corner of DNT and First Street, 4. southeast corner of Legacy Drive and First Street, 5. southwest corner of Prosper Trail and Coleman Street, 6. southeast corner of Legacy Drive and Frontier Parkway, and 7. southeast corner of Frontier Pkwy and Coit Road To view a map of all “dry” areas in the Town, please click this link: http://www.prospertx.gov/wp-content/uploads/WetDry16_5x39_20160818.pdf Should a restaurant in a dry area desire to apply for a private club permit, it is also subject to greater distance requirements than imposed on the F&B Restaurants. Per the Zoning Ordinance, a F&B Restaurant shall be located no closer than 300 feet from a school, church and/or hospital. But a restaurant with a private club permit shall be located no closer than 800 feet from a school, Prosper is a place where everyone matters. PLANNING Page 2 of 3 church, hospital and/or a residential district. In addition to the greater distance requirement, the residential district use was added to the list of protected uses. The private club regulations also contain the following requirement: Subsection 29.e. There shall be no variances considered with regard to the regulations set forth herein. The complete set of zoning regulations regarding private clubs are included in Attachment “A.” The Town Council requested staff process an amendment to the Zoning Ordinance to allow the Council an opportunity to consider variances to the distance requirement for private clubs in conjunction with a restaurant, similar to a recently approved amendment to allow variance applications for big box grocery stores. The variance requests would be considered by the Town Council on a case-by-case basis, and notice of the request would be provided to all owners of property within 200 feet of the subject request. The proposed amendment states: “e. There shall be no variances considered with regard to the regulations set forth herein; however, a variance from the distances referenced herein may be approved by the Town Council for any property annexed by the Town after May 13, 2006, and upon which a restaurant is, or is proposed to be, located. In considering a distance variance, the following shall apply: (1) An application shall be submitted to the Town on a form provided by the Department of Development Services. (2) The application shall contain all required information on the form. (3) The Department of Development Services shall set a date for consideration of the application by the Town Council at a public hearing. (4) No less than ten (10) days before the date of consideration by the Town Council, the Director of Development Services or his or her designee shall provide notice to each owner, as indicated by the most recently approved municipal tax roll, of property within two hundred feet (200’) of the property on which the distance variance is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. (5) In considering the application for a variance to any distance requirement, the Town Council shall consider if the distance requirement in the particular instance: i. is not in the best interest of the public; ii. constitutes waste or inefficient use of land or other resources; iii. creates an undue hardship on an applicant for a private club permit; iv. does not serve its intended purpose; v. is not effective or necessary; or vi. for any other reason that the Town Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. (6) The Town Council may impose reasonable conditions on the granting of a distance variance. Page 3 of 3 (7) A variance granted pursuant to this section is valid for any subsequent renewals for the state-issued alcohol permit. A distance variance granted pursuant to this section may not be transferred to another location.” Legal Obligations and Review: Notice of the Town Council Public Hearing was provided in the newspaper as required by the Zoning Ordinance and state law. To date, no correspondence has been received. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached ordinance. Attached Documents: 1. Excerpt of the Zoning Ordinance regarding Private Club regulations. 2. Ordinance Planning & Zoning Commission Recommendation: At their March 21, 2017, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 6-0. Town Staff Recommendation: Town staff recommends the Town Council approve the proposed amendment to the Zoning Ordinance as submitted. Proposed Motion: I move to approve an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance by providing for a process for certain private clubs in conjunction with a restaurant use. Attachment A Excerpt from Section 1.4, Conditional Development Standards of the Zoning Ordinance 29. Private Club Private Clubs shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. a) A Private Club is permitted only by specific use permit in R, C and CC zoning districts. A Private Club is also permitted by specific use permit as an accessory use in any zoning district only when in conjunction with the operation of a golf course. b) The regulations herein applicable to a public school shall also apply to a day-care center or a child-care center as provided in Section 109.331, Texas Alcoholic Beverage Code, as amended. c) A Private Club shall not be located within: 1. Eight hundred feet (800’) from a church, public hospital, public school, private school, and/or residential zoning district. For this purpose, residential zoning districts shall include, but are not limited to, properties that are zoned Neighborhood Service and residential Planned Development Districts; 2. One thousand feet (1000’) from a public school if the Town Council receives a request for this additional spacing requirement from the school district, and the Town Council adopts such additional spacing requirements by resolution; or 3. One thousand feet (1000’) from a private school if the Town Council receives a request for this additional spacing requirement from the board of the private school, and the Town Council adopts the additional spacing requirements by resolution. d) Measurement for the distance between a Private Club and the uses listed above or the nearest residential zoning district shall be in a direct line from the Property Line of the applicable use listed above or the nearest residential zoning district to the Property Line of the Private Club, and in a direct line across intersections. e) There shall be no variances considered with regard to the regulations set forth herein. Ordinance No. 17-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBPART (e) OF STANDARD 29, “PRIVATE CLUB,” OF SUBSECTION 1.4, “CONDITIONAL DEVELOPMENT STANDARDS,” OF SECTION 1, “USE OF LAND AND BUILDINGS,” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS,” OF THE TOWN’S ZONING ORDINANCE BY PROVIDING FOR A VARIANCE PROCESS FOR CERTAIN PRIVATE CLUBS IN CONJUNCTION WITH A RESTAURANT USE; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AN D PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s Zoning Ordinance to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, Subpart (e) of Standard 29, “Private Club,” of Subsection 1.4, “Conditional Development Standards,” of Section 1, “Use of Land and Buildings,” of Chapter 3, “Permitted Uses and Definitions,” of the Town’s Zoning Ordinance is hereby amended to read as follows: “e. There shall be no variances considered with regard to the regulations set forth herein; however, a variance from the distances referenced herein may be approved by the Town Council for any property annexed by the Town after May 13, 2006, and upon which a restaurant is, or is proposed to be, located. In considering a distance variance, the following shall apply: (1) An application shall be submitted to the Town on a form provided by the Department of Development Services. Ordinance No. 17-__, Page 2 (2) The application shall contain all required information on the form. (3) The Department of Development Services shall set a date for consideration of the application by the Town Council at a public hearing. (4) No less than ten (10) days before the date of consideration by the Town Council, the Director of Development Services or his or her designee shall provide notice to each owner, as indicated by the most recently approved municipal tax roll, of property within two hundred feet (200’) of the property on which the distance variance is proposed. The notice may be served by its deposit in the municipality, properly addressed with postage paid, in the United States mail. (5) In considering the application for a variance to any distance requirement, the Town Council shall consider if the distance requirement in the particular instance: i. is not in the best interest of the public; ii. constitutes waste or inefficient use of land or other resources; iii. creates an undue hardship on an applicant for a private club permit; iv. does not serve its intended purpose; v. is not effective or necessary; or vi. for any other reason that the Town Council, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines is in the best interest of the community. (6) The Town Council may impose reasonable conditions on the granting of a distance variance. (7) A variance granted pursuant to this section is valid for any subsequent renewals for the state-issued alcohol permit. A distance variance granted pursuant to this section may not be transferred to another location.” SECTION 3 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No. 17-__, Page 3 SECTION 4 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 6 This Ordinance shall become effective from and after its adoption and publication as required by law; however, the provisions of this Ordinance shall not be applicable to any residential development or tract of land for which one or more final plats has been approved by the Town as of the effective date of this Ordinance. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS ___ DAY OF _______________, 2017. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon a Site Plan for a bank in the Shops at Prosper Trail (Bank of America), on 1.1± acres, located on the northeast corner of Preston Road and Prosper Trail. The property is zoned Planned Development-68 (PD-68). (D17-0005). Background: Per PD-68, Site Plans and associated Landscape and Façade Plans for pad sites within the Shops at Prosper Trail development shall be approved by the Planning & Zoning Commission and Town Council. Description of Agenda Item: The Site Plan shows a 3,800-square foot bank building for Bank of America. Access is provided via cross-access from Preston Road and Prosper Trail. Adequate parking has been provided. The Site Plan conforms to the PD-68 development standards. Attached Documents: 1.Location Map 2.Site Plan 3.Landscape Plan 4.Façade Plan Planning & Zoning Commission Recommendation: At their March 21, 2017, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 5-0, subject to staff recommendations. Since the meeting, the applicant has revised the elevations to extend the stone to the top of the canopy columns. Town Staff Recommendation: Town staff recommends approval of the Site Plan subject to: 1.Staff approval of civil engineering, irrigation plans, open space plans, and address plans. 2.Staff approval of all fire hydrants, fire department connections (FDC) and fire lanes, including widths, radii, and location. Prosper is a place where everyone matters. PLANNING Item 10 Page 2 of 2 Proposed Motion: I move to approve a Site Plan for a bank in the Shops at Prosper Trail (Bank of America), on 1.1± acres, located on the northeast corner of Preston Road and Prosper Trail, subject to Town staff recommendations. Item 10 D17-0005 PROSPER TRL PR E S T O N R D CHANDLER CIR PR E S T O N R D 0 60 12030 Feet ± Item 10 Item 10 ONLY L A N D S C A P E C A L C U L A T I O N S : ONLY (1) QV(1) QV(1) Q V (2) LIN(20) LIN ( 1 ) L I N ( 4 ) L I N ( 1 ) Q V ( 1 ) Q V (1) QV(1) QV (1) QV (89) LF(70) LM ( 7 5 ) T A ( 9 1 ) L M ( 4 1 ) T V ( 4 6 ) M C ( 1 0 8 ) L M ( 8 6 ) A G P (36) LM(100) LM(47) AGP(67) LF (80) DB(40) AGP(65) LM234PREVIOUSLY PLANTED SHRUBS AND GROUNDCOVER PREVIOUSLY PLANTED SHRUBS AND GROUNDCOVER (29) MC S h o p s a t P r o s p e r T r a i l , T h e , L o t 1 ( o u t p a r c e l 4 ) 4 7 , 0 0 2 S F ( 1 . 0 8 A C R E S ) ( 4 0 ) T A ( 2 4 ) I V N ( 2 1 ) L M ( 2 3 ) T V (61) D B (6 2 ) T A ( 1 4 ) D B (103) LM ( 4 4 ) I V N (108) TA(112) TA 1 ( 1 3 ) T V ( 2 0 ) T A ( 2 0 ) T A P H O N E : ( 9 0 4 ) 4 7 6 - 9 6 9 2 I n c . A & K L A N D P L A N N I N G & D E S I G N 2 6 2 1 S U N R I S E R I D G E L A N E , J A C K S O N V I L L E , F L O R I D A 3 2 2 1 1 E - M A I L : A K L A N D P L A N N I N G @ C O M C A S T . N E T K r i s t o f f e r R e e d R L A # 2 8 4 0 I t e m 1 0 SHEET NOTESKEY NOTES A 0 9 - 1 1 C C A D F i l e N a m e S e a l / S i g n a t u r e P r o j e c t N a m e P r o j e c t N u m b e r D e s c r i p t i o n S c a l e I s s u e C h e c k C l i e n t D a t e & I s s u e D e s c r i p t i o n B y A R C H I T E C T U R A L D E S I G N C O L L A B O R A T I V E P r e s t o n R o a d & P r o s p e r T r a i l B A N K O F A M E R I C A P r o s p e r T r a i l - F l a g s h i p P r o s p e r , T e x a s 7 5 0 7 8 N e w S t o r e 9 4 5 N . P E N N S Y L V A N I A A V E . W I N T E R P A R K , F L . 3 2 7 8 9 ( 4 0 7 ) 6 2 9 - 1 1 8 8 ( 4 0 7 ) 3 8 8 - 1 2 2 0 A T T S X E T E F O S A J O NATH A N N E L S O N C H A D E S 2 5 6 7 3 REGIS T E R E D A R C H I T E C T . K E Y P L A N I t e m 1 0 SHEET NOTESKEY NOTES A 0 9 - 1 1 D C A D F i l e N a m e S e a l / S i g n a t u r e P r o j e c t N a m e P r o j e c t N u m b e r D e s c r i p t i o n S c a l e I s s u e C h e c k C l i e n t D a t e & I s s u e D e s c r i p t i o n B y A R C H I T E C T U R A L D E S I G N C O L L A B O R A T I V E P r e s t o n R o a d & P r o s p e r T r a i l B A N K O F A M E R I C A P r o s p e r T r a i l - F l a g s h i p P r o s p e r , T e x a s 7 5 0 7 8 N e w S t o r e 9 4 5 N . P E N N S Y L V A N I A A V E . W I N T E R P A R K , F L . 3 2 7 8 9 ( 4 0 7 ) 6 2 9 - 1 1 8 8 ( 4 0 7 ) 3 8 8 - 1 2 2 0 A T T S X E T E F O S A J O NATH A N N E L S O N C H A D E S 2 5 6 7 3 REGIS T E R E D A R C H I T E C T . K E Y P L A N I t e m 1 0 Page 1 of 1 To: Mayor and Town Council From: Steve Glass P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Elevated Storage Tank project. Description of Agenda Item: The Town’s Capital Improvement Plan recommends improvements for the Town of Prosper’s Water System Lower Pressure Plane. One of the recommended improvements is a 2.5 million gallon elevated storage tank to be constructed in the Lower Pressure Plane. The location is proposed along Fishtrap Road east of Teel Parkway. This proposed contract will authorize Freese and Nichols, Inc., to provide the design and specifications for the 2.5 Million gallon elevated storage tank. Budget Impact: The cost for this design work is $325,250. Funding for the design has been budgeted in account 630-6610-50-00-1715-WA. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the Standard Professional Services Agreement as to form and legality. Attached Documents: 1. Professional Services Agreement. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Elevated Storage Tank project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Elevated Storage Tank project. Prosper is a place where everyone matters. ENGINEERING Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 22 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC., FOR THE LOWER PRESSURE PLANE ELEVATED STROAGE TANK PROJECT (1715-WA) This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Freese and Nichols, Inc., a Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Lower Pressure Plane Elevated Storage Tank Project (1501-WA, 1715-WA & 1716-WA) hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under the same or similar circumstances by competent members of their profession in the locality. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Three Hundred Twenty-Five Thousand Two Hundred Fifty Dollars ($325,250) for the Project as set forth and described in Exhibit B – Compensation/Pricing Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 22 Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements, and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Consultant’s personnel, or any personnel, professionals and/or consultants retained by Consultant, Consultant shall promptly propose substitutes to whom Town has no reasonable objection, and Consultant’s compensation shall be equitably adjusted to reflect any difference in Consultant’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 22 LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Freese and Nichols, Inc. Jeff Payne, P.E. Vice President 5805 Main Street, Suite B Frisco, TX 75034 jp@freese.com Town of Prosper Harlan Jefferson Town Manager 121 W. Broadway PO Box 307 Prosper, TX 75078 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days’ notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign their rights or delegate their duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirements of the Town Charter and the Town’s Code of Ordinances and will abide by the same. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 22 Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached hereto as Exhibit D - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 2017. FREESE AND NICHOLS, INC. By: Signature Jeff Payne, PE Printed Name Vice President Title Date TOWN OF PROSPER, TEXAS By: Signature Harlan Jefferson Printed Name Town Manager Title Date Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 5 OF 22 EXHIBIT A SCOPE OF SERVICES I. PROJECT DESCRIPTION: Currently the Town of Prosper is served by a single delivery point from North Texas Municipal Water District (NTMWD) at the Custer Road Pump Station (CRPS) located within the Town’s Upper Pressure Plane. The Town has two pressure planes with the BNSF railroad acting as the dividing line. The Lower Pressure Plane is served by the CRPS through a pressure reducing valve located along US 380. The continued growth within the Lower Pressure Plane requires system improvements into the Lower Pressure Plane. This project will be the 2.5 MG Elevated Storage Tank (EST) associated with the first phase of the Lower Pressure Plane Water System Improvements. The 2.5 EST will be located south of Fishtrap Road near the intersection of Artesia Boulevard. A small section of pipeline will be included to connect the EST into the existing 20-inch along Fishtrap Road. Site improvements at the proposed EST site will include yard piping, landscape screening, grading, driveway, fencing, drainage, lighting and irrigation. Final design will include the section of 24-inch water line from the proposed EST to the existing 20-inch water line along Fishtrap Road. It is anticipated this project will be constructed as a single construction contract. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 6 OF 22 PROJECT ASSUMPTIONS: 2.5 EST • The EST will be located south of Fishtrap Road near the intersection of Artesia Boulevard. • The entire EST site will have a perimeter wrought iron fence with one motorized sliding vehicular access gate. • The site will require yard piping, landscaping screening, grading, driveway, fencing drainage, lighting and irrigation. • The proposed EST will be a composite elevated steel water storage tank with concrete pedestal. Standard interior ladder, two (2) roll-up doors and two (2) pedestrian doors are included in the design. No additional floors or stairs are included. • It is anticipated that a motorized control valve will be required at the base of the tank pedestal. • There are no known water quality issues. FNI will present several mixing system options during design phase and will assume selection of one of these is included in the design. No chloramine booster systems will be included in design. • Overflow from tank will be routed to drain away from future development and will not include excessive drainage design. • Design and orientation of two (2) identical painted Town logos, with one (1) 2D daytime rendering as a Special Service. • Design of tank bowl-mounted LED lighting system will be required, with one (1) 2D illumination rendering as a Special Service. • It is anticipated that future antennas will be mounted to a railing along the pedestal of the tank. II. TASK SUMMARY BASIC SERVICES A. PROGRAM MANAGEMENT - Consultant shall provide program management services for the project. The following services shall be provided. 1. Coordination of the letters of permission for access to private properties for surveying and geotechnical investigations. Consultant shall mail the letters and perform follow-up phone calls as necessary to obtain the signed letters. 2. Coordinate easement or metes and bounds documents with the Town Administrator and/or Town Attorney. 3. Coordinate the efforts of all involved in the project, including Consultant, the surveyor, the geotechnical engineer, the Town Staff, the Town Attorney, and the franchise utilities. Provide oversight of the schedule during the survey, land acquisition, and engineering process, to attempt to maintain the Town's desired schedule. 4. Coordination with the franchise utilities that are impacted by the proposed improvements. Provide copies of the improvements plans to each utility. Obtain schedules of proposed franchise utility clearing, and relate these schedules to the project schedule. 5. Prepare presentations and attend up to 2 Council meetings to brief the Council on the progress of the design, and to recommend award of the construction contracts. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 7 OF 22 6. Set up and attend up to 3 project meetings between the construction contractors to aid in coordination of the construction contracts between the EST and LPP PL. 7. Coordination with TCEQ on the status of permit applications for the project. Work with them to obtain these permits within the time allowed by the project schedule. 8. Coordination with the electrical power utility to bring power to the project site. Keep the utility briefed on project schedule, and work with them to develop estimates of cost for the Town. 9. FNI will submit an FAA permit application for the proposed EST upon authorization from Town Staff. Follow up with FAA on status of the permit application for the project. Work with FAA to obtain these permits within the time allowed by the project schedule. B. TASK 1 – 2.5 MG EST - FNI shall provide professional services in this phase as follows: 1. Provide final layout, elevation, details, and specifications for the elevated storage tank, showing tank and pedestal, inlet and outlet lines, drains, overflow, interior and yard piping, access ladders, valves, re-circulation arrangement, man ways, basic logo, access roadway, fencing, landscaping, irrigation, and site drainage. Provide adequate detail to enable the tank manufacturer to prepare final design and shop drawings for the tank foundation and complete tank. 2. 50%, 90% and 100% submittals will be made to the Town. The submittals will include construction drawings (3 half size-11”x17” sets, 2 full size-22”x34” sets, and PDF file on CD), specifications (90% and 100% submittals only), contract documents (90% and 100% submittals only), bid proposal (90% and 100% submittals only), updated schedule, and updated opinion of probable construction costs. 3. Provide design and details for an active tank mixing system or other mixing system as selected by Town during workshop. 4. Provide electrical plans, details, and specifications for the elevated storage tank electrical equipment, instrumentation, controls, site lighting, bowl lighting, and related appurtenances. It is anticipated the design will include a SCADA operated control valve inside of the tank pedestal. 5. Provide plans, profiles, details, and specifications for the yard piping. Provide details for connection of the yard piping to proposed 24-inch water line. Limit of any yard piping plans will be the tank site property line. 6. Provide final plans, profiles, details, and specifications for the proposed 24-inch water line. Provide details for connection of the proposed 24-inch water line to the existing 20-inch water line along the Fishtrap Road. 7. Conduct and attend one meeting for the 50%, 90%, and 100% design submittals (3 meetings total) to review the OWNER’s comments on the design and discuss project issues. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 8 OF 22 8. Following the 100% design comment review meeting, revise the plans and specifications to “final” status. 9. Provide “final” plans, specifications, contract documents, and bid proposals for one construction contract to complete this project and in accordance with the OWNER’s bidding procedures. Three (3) sets of half size (11”x17”) and two (2) sets of full size (22”x34”) construction drawings, specifications, contract documents, bid proposal and opinion of probable construction cost will be provide to the OWNER during the bidding process. In addition, the submittal will include electronic copies of the construction drawings in pdf. 10. Upon completion of the design services and approval of “final” drawings and specifications by OWNER, FNI will submit these to the TCEQ for review and approval. The project may be advertised and reviewed by the TCEQ concurrently as directed by OWNER, however the project cannot start construction until TCEQ approval. C. TASK 2 - BID PHASE - Upon completion of the design services and approval of "Final" drawings and specifications by Town, Consultant will proceed with the performance of services in this phase as follows: 1. Assist Town in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in Consultant's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for Town to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by the Town. 2. Print Bid Documents and distribute to selected plan rooms and to prospective bidders that respond to the Notice to Bidders. 3. Maintain information on entities that have been issued a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. 4. Assist Town by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 5. At Town request, Consultant will assist Town in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by Town. 6. Assist the Town in conducting a pre-bid conference for the construction projects and coordinate responses with Town. Response to the pre-bid conference will be in the form of addenda issued after the conference. 7. Assist Town in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents for each construction contract, which include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the Town and construction contractor. Distribute five (5) copies of these documents for each construction contract to the Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 9 OF 22 contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Town with the remaining five (5) copies of these documents for each construction contract for use during construction. Additional sets of documents can be provided as an additional service. 8. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. D. TASK 3 - CONSTRUCTION PHASE - Upon completion of the bid or negotiation phase services, Consultant will proceed with the performance of construction phase services as described below. Consultant will endeavor to protect the Town in providing these services. However, it is understood that Consultant does not guarantee the Contractor's performance, nor is Consultant responsible for supervision of the Contractor's operation and employees. Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. Consultant shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. The Town agrees to include provisions in the construction contract documents that will require the construction contractors to include Consultant and their subconsultants on this project to be listed as an additional insured on contractors’ insurance policies. 1. Assist Town in conducting pre-construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 2. Establish communication procedures with the Town and contractor. 3. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor’s submittals and provide for filing and retrieval of project documentation. Review contractor's submittals including requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. 4. Based on Consultant's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that Consultant recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 5. Make one visit per month for 13 month construction duration to the elevated storage tank site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort Consultant will endeavor to protect the Town against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the Town. Visits to the site in excess of the specified number are an Additional Service. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 10 OF 22 6. Notify the contractor of non-conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Interpret the drawings and specifications for the Town and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the Town, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an Additional Service. 8. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Town to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Town. Documentation of field orders, where cost to Town is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Town are an additional service. Substitutions of materials or equipment or design modifications requested by the Town are an Additional Service. 9. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Town on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Town if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of Consultant are an Additional Service. 10. EST start up services will be provided as a special service. 11. Conduct, in company with Town's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the Town in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an Additional Service. 12. Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction Two (2) sets of prints of "Record Drawings" shall be provided by Consultant to the Town. Consultant shall also provide a DWG electronic copy of the Record Drawings to the Town. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 11 OF 22 SPECIAL SERVICES A. TASK 4 - TOPOGRAPHICAL SURVEY: - Upon written notice to proceed, Consultant shall retain (as a subconsultant) and monitor the services of a surveying firm to perform surveying services for the project. The following survey shall be provided. 1. Abstract map of the proposed LPP EST site. This map will consist of available property line information from the Collin County Appraisal District. 2. Prepare letters of permission for access to private properties for surveying and geotechnical boring activities. These letters are to be put on the Town of Prosper letterhead and sent to the appropriate landowners. 3. Perform a design topographic survey of the LPP EST site. Survey all surface features within the survey areas, including 1-foot contours, ditches, creeks, outlines of tree-lines, telephone poles, fences, valves, vaults, manholes, roads, culverts, buildings, mailboxes, utility boxes, driveways, and all other such surface features. 4. Call Dig Tess to flag all existing underground franchise utilities, and survey these utilities into the design survey. Research existing Town of Prosper utility plans, and include these lines in the survey. B. TASK 5 – METES AND BOUNDS DOCUMENT: – Upon written notice to proceed, FNI shall retain (as a subconsultant) and monitor the services of a surveying firm to perform easement document services for the project. The following shall be provided. 1. Prepare an exhibit and boundary metes and bounds description for the EST site. The legal descriptions and plats shall meet the criteria stated below. Exhibit shall be signed and sealed by a Registered Professional Land Surveyor, currently registered in the State of Texas. Each exhibit shall have attached to it a copy of the corresponding deed for that property and a closure computation sheet for the easement tract. The exhibit plat will include any temporary construction easement required for the project. This information will be shown on the exhibit only and not included within the legal descriptions. A draft copy of each easement shall be submitted. After review by the Town, Consultant shall incorporate comments as appropriate and submit one final copy of the easements and deeds to the Town. This proposal is based upon preparation of 1 deed exhibit. Easements prepared in excess of this number will be an additional service. 2. Exhibit Plats and legal descriptions must meet all the rules of the Texas Board of Professional Land Surveying and the Professional Land Surveying Practices Act. The Manual of Practice for Land Surveying in the State of Texas, as published by the Texas Society of Professional Surveyors, is the standard to which all Consultant’s survey work shall be performed. The latest revision will be used. 3. Legal descriptions shall include sufficient information to identify the location, boundaries, monumentation, and area of the described tract, as well as its relationship to the parent tract out of which it is surveyed. Each legal description shall be accompanied by an exhibit plat which depicts the worded description. Legal descriptions and Exhibit Plats shall be Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 12 OF 22 reproduced on 8 1/2 x 11 size paper. All must be legible. The Exhibit Plat or Legal Description should be able to stand alone. a. The Exhibit Plat should contain the following: i. North Arrow ii. Graphic Scale iii. Legend iv. Mathematical Closure v. Abstract name and number vi. Basis of bearing vii. Controlling Monuments viii. Check bearings and distances against legal description (They should be the same) ix. Show adjoiners x. Show existing easements (with instrument recording information) xi. Exhibit plat should acknowledge existence of the Legal description xii. Line and curve tables are discouraged xiii. Curve data must contain the following: delta, radius, length, long chord bearing and long chord distance. State if curve is tangent or non-tangent. xiv. The survey plat shall bear the firm name, surveyors name, address, and phone number of the land surveyor responsible for the land survey, his/her official seal, his/her original signature, and date surveyed (663.19.5) xv. Acreage to the appropriate number of decimal places. (no square feet) b. The Legal Description shall contain the following (metes and bounds descriptions only): i. General Description 1. Name of current owner of record 2. Type of conveyance record (warranty deed, quit claim deed, etc.) 3. The conveyance instrument recording information (Deed record Volume and Page) 4. Survey Name and Abstract Number 5. County, Town, and State ii. Specific Description 1. POINT OF BEGINNING tied to a monumented corner of the parent tract 2. Check bearings and distances against Exhibit plat (They should be the same) 3. Curve data must contain the following: delta, radius, length, long chord bearing and long chord distance. State if curve is tangent or non-tangent. 4. References to adjoining properties 5. Basis of Bearing 6. Legal description should acknowledge existence of the Exhibit plat 7. Acreage to the appropriate number of decimal places. (no square feet) C. TASK 6 - ENVIRONEMENTAL SERVICES: – Consultant will render the following professional environmental services in connection with the project. Compile existing information and conduct wetland delineation Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 13 OF 22 1. Prior to making a field visit, obtain information for the vicinity such as soils maps, National Wetland Inventory maps, topographic maps, floodplain maps, and other readily available, pertinent data. This information will be evaluated to guide the field survey described below. Consultant’s scientists will conduct a pedestrian survey of the route to identify environmental issues. This investigation will include the following: i. Identification of “waters of the U.S." as defined by U.S. Army Corps Engineers’ regulations. These waters of the U.S. are regulated by the USACE and require a permit for activities conducted within the jurisdictional boundaries. The presence of jurisdictional waters such as ephemeral, intermittent, or perennial streams; wetlands; or other open waters will be documented. ii. The presence of potential habitat for any federally listed threatened or endangered species will be determined. iii. Evidence of any obvious environmental contamination such as stained soils, sheens on water, etc. will be noted. Section 404 Permitting 1. Consultant will prepare a letter report that will include a description of field observations described above; an opinion of whether or not jurisdictional waters are present, and if so, the type(s) of waters; an estimate of the area of impact to waters of the U.S.; and a discussion of potential USACE 404 permit options. 2. If required under the terms and conditions of the applicable nationwide permit or permits, Consultant will prepare a preconstruction notification (PCN). The draft PCN will be submitted to the Town for review and comment. After the Town's comments are incorporated into the PCN, it will be submitted to the Fort Worth District Corps of Engineers. If a PCN is not required, Consultant will submit documentation to the Town describing the permit conditions and requirements. All permit conditions and requirements will be included in the construction contract documents, and the construction contractor will be required to abide by these during construction. If an archeological survey is required, this will be considered Additional Services. Section 404 Mitigation Plan 1. These services do not include any mitigation plan services, if required by the permit. If these are required, they will be considered additional services, and will be negotiated between Consultant and the Town if requested by the Town. D. TASK 7 - GEOTECHNICAL ENGINEERING SERVICES: - Consultant will render the following geotechnical engineering professional services in connection with the project consisting of field exploration, laboratory testing, engineering analysis, and reporting. Field Exploration 1. Select appropriate locations for exploratory borings within the vicinity of the proposed improvements at each site. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 14 OF 22 2. The Engineer will coordinate with the Town and Texas 811 regarding underground utilities within the vicinity of the planned boring locations prior to commencement of the field exploration activities. 3. Subcontract with a drilling contractor to drill exploratory borings for the proposed improvements according to the schedule provided below. The boring depths are intended to provide a 15- to 30-foot profile of the bedrock below the EST and may be adjusted based on in situ conditions to achieve this penetration. a. Elevated Storage Tank: Three (3) borings to a depth of 45 feet and one (1) boring to a depth of 65 feet below existing grade b. The borings will be advanced using standard rotary drilling equipment with continuous-flight augers (solid or hollow stem) or rotary wash methods. Subsurface samples will be collected using 3-inch diameter Shelby tubes for cohesive soils and a 2-inch diameter split-spoon sampler in conjunction with the Standard Penetration Test (SPT) for intermediate and non-cohesive soils. Rock and rock-like materials will be cored using an NX core barrel and/or tested in situ using the Texas Cone Penetration (TCP) Test or the SPT, as appropriate for the material. c. Groundwater observations within the borings will be recorded at the time of drilling and at the completion of drilling and sampling. d. The borings will be backfilled with auger cuttings upon completion of drilling and sampling. 4. An Engineer or Geologist experienced in logging borings will direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided according to ASTM D2488 and the Unified Soil Classification System (USCS) during drilling and sampling. Laboratory Testing 1. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. 2. The Engineer will select samples for laboratory testing, assign tests, and review the test results. 3. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered during exploration, but are expected to include: a. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) b. Moisture content c. Unit dry weight d. Unconfined compressive strength of soil and rock e. One-dimensional swell (restrained and unrestrained) f. One-dimensional consolidation g. Soluble sulfate content (Tex-145-E) Engineering Analysis and Reporting 1. The Engineer will perform the geotechnical engineering analysis and prepare separate technical memorandums for each of the construction contracts summarizing the Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 15 OF 22 geotechnical investigation relevant for each contract. The technical memorandums will include the following: a. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. b. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work and the implications for design. c. Foundation recommendations, including bearing capacity of soils, suitable bearing material, lateral and overturning resistance, etc. applicable for the recommended foundation or foundation options. d. Subgrade treatment and preparation recommendations for new access drives. e. General discussion of expected construction related issues. f. Earthwork related recommendations for use during development of plans and specifications. 2. Submittals will include an electronic PDF copy of each technical memorandum. E. TASK 8 - ADDITIONAL COORDINATION: – If directed by the Town, FNI shall perform the following services. 1. Perform additional services when requested by the Town. 2. Provide up to two additional construction site visits to assist in the startup of the EST. 3. Coordinate with the Town Attorney for up to approximately 2 condemnation proceedings. Provide land agent and engineering expert witness services for these condemnation proceedings. The number of proceedings is approximated because effort required varies from proceeding to proceeding. If the effort expended by Consultant brings the total Contingency Services effort up to the not to exceed fee indicated in Article 3.1 for this section, additional effort WIII be considered Additional Services. 4. Provide up to 20 hours of post-construction consultation with the Town concerning the new water system. Provide consultations on the new system operation, any problems with the new system, adjustments to the system, and any other items associated with the new system. This scope also includes up to 2 trips to the project site. F. TASK 9 - 2D RENDERINGS: – If directed by the Town, FNI shall perform the following services. 1. Prepare 2D renderings of the EST with logo orientation for Town’s review and use. ADDITIONAL SERVICES: Additional Services to be performed by Consultant, if authorized by the Town, which are not included in the above described scope of services, are described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. Mitigation planning required by the USACOE 404 permit. C. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 16 OF 22 replacement of such Work. D. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the Town. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. G. Preparing Operation and Maintenance Manuals or conducting operator training. H. Assisting the Town in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). I. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. J. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. K. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this Agreement. L. Services required to resolve bid protests or to rebid the projects for any reason. M. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. N. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. O. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of Consultant. P. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Q. Provide follow-up professional services during Contractor's warranty period. R. Furnishing the services of a Resident Project Representative to act as the Town’s on-site representative during the Construction Phase. S. Detailed settlement studies or other engineering issues resulting from soft soil conditions or Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 17 OF 22 other unexpected site conditions. T. Cathodic control design and construction consisting of field evaluations, engineering analysis and construction services. U. Providing additional analysis of the hydraulic water model to determine pressure settings for existing and proposed pressure reducing valves. III. DELIVERABLES Task 1 – 2.5 MG EST Provide final design plans and specifications for the 2.5 MG LPP EST with site layout and associated details. Task 2 – Bid Phase Services Assist the Town in securing bids and issuing construction plans and specifications for the design of the LPP EST. Task 3 – Construction Phase Provide general construction representative services throughout the construction of the project. Task 4 – Topographical Survey AutoCAD file with horizontal and vertical control points, property lines, existing easements, existing utilities and 1- foot contours. Task 5 – Easement Documents Exhibits and legal descriptions for the proposed EST site. Task 6 – Environmental Services Documentation from field observations and permit requirements for the EST site. Task 7 – Geotechnical Engineering Services Documentation from field exploration and laboratory testing on geotechnical bores utilized within EST site. Task 8 – Additional Coordination Additional coordination throughout the design, construction, and post construction. Task 9 – 2D Renderings Provide electronic deliverables of site renderings for the EST site. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 18 OF 22 EXHIBIT B COMPENSATION/PRICING SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC., FOR THE LOWER PRESSURE PLANE ELEVATED STORAGE TANK (1715-WA) I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed April 2017 Task 1 – 2.5 MG EST March 2018 $175,050 Task 2 – Bid Phase May 2018 $14,550 Task 3 – Construction Phase September 2019 $87,100 Task 4 – Topographical Survey July 2017 $5,000 Task 5 – Metes and Bounds Document August 2017 $3,300 Task 6 – Environmental Services May 2017 $1,500 Task 7 – Geotechnical Engineering June 2017 $20,000 Task 8 – Additional Coordination As Needed $10,250 Task 9 – 2D Renderings November 2017 $8,500 Total Compensation $325,250 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 1 – 2.5 MG EST $175,050 Task 2 – Bid Phase $14,550 Task 3 – Construction Phase $87,100 Total Basic Services: $276,700 Special Services (Hourly Not-to-Exceed) Amount Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 19 OF 22 Task 4 – Topographical Survey $5,000 Task 5 – Metes and Bounds Document $3,300 Task 6 – Environmental Services $1,500 Task 7 – Geotechnical Engineering $20,000 Task 8 – Additional Coordination $10,250 Task 9 – 2D Renderings $8,500 Total Special Services: $48,550 Direct Expenses Amount None $0 Total Direct Expenses: $0 Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 20 OF 22 EXHIBIT C INSURANCE REQUIREMENTS PROFESSIONAL SERVICES Services performed by consultants or other professionals, including but not limited to: Accountants, Attorneys, Architects, Engineers, Surveyors, Veterinarians, Real Estate Appraisal, Optometry, Landscape Architects, Medical Doctors, and Materials Testing. Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 21 OF 22 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Item 11 PROFESSIONAL SERVICES AGREEMENT PAGE 22 OF 22 EXHIBIT D Item 11 Page 1 of 2 To: Mayor and Town Council From: Steve Glass P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Water Supply Line Phase 1 project. Description of Agenda Item: The Town’s Capital Improvement Plan recommends improvements for the Town of Prosper’s Water System Lower Pressure Plane. Part of the recommended improvements includes an extension of a water supply line from the existing 20” water main on Fishtrap Road, at the Parks at Legacy development, to Coit Road. This consists of 15,300 feet of 42” water line from Coit Road to Dallas Parkway, (utilizing the 42” water line currently being constructed by Blue Star under Lovers Lane), a transfer valve at the intersection of the BNSF Railroad and the future alignment of Lovers Lane, and 10,500 feet of 20” and 24” water lines from Dallas Parkway to the existing 20” water line on Fishtrap Road. This proposed contract will authorize Freese and Nichols, Inc., to provide the design and specifications for nearly 4.8 miles of water lines. Budget Impact: The cost for this design work is $797,000. Funding for the design has been budgeted in accounts 630-6610-50-00-1716-WA Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the Standard Professional Services Agreement as to form and legality. Attached Documents: 1.Professional Services Agreement. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Water Supply Line Phase 1 project. Prosper is a place where everyone matters. ENGINEERING Item 12 Page 2 of 2 Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Lower Pressure Plane Water Supply Line Phase 1 project. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 23 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC., FOR THE LOWER PRESSURE PLANE WATER SUPPLY – PIPELINE PROJECT (1716-WA) This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Freese and Nichols, Inc., a Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Lower Pressure Plane Water Supply – Pipeline Project (1716-WA) hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1.Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2.Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under the same or similar circumstances by competent members of their profession in the locality. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3.Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4.Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of Seven Hundred Ninety-Seven Thousand Dollars ($797,000) for the Project as set forth and described in Exhibit B – Compensation/Pricing Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 23 Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements, and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Consultant’s personnel, or any personnel, professionals and/or consultants retained by Consultant, Consultant shall promptly propose substitutes to whom Town has no reasonable objection, and Consultant’s compensation shall be equitably adjusted to reflect any difference in Consultant’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 23 LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Freese and Nichols, Inc. Jeff Payne, P.E. Vice President 5805 Main Street, Suite B Frisco, TX 75034 jp@freese.com Town of Prosper Harlan Jefferson Town Manager 121 W. Broadway PO Box 307 Prosper, TX 75078 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days’ notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign their rights or delegate their duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirements of the Town Charter and the Town’s Code of Ordinances and will abide by the same. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 23 hereto as Exhibit D - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 2017. FREESE AND NICHOLS, INC. By: Signature Jeff Payne, PE Printed Name Vice President Title Date TOWN OF PROSPER, TEXAS By: Signature Harlan Jefferson Printed Name Town Manager Title Date Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 5 OF 23 EXHIBIT A SCOPE OF SERVICES I. PROJECT DESCRIPTION: Currently the Town of Prosper is served by a single delivery point from North Texas Municipal Water District (NTMWD) at the Custer Road Pump Station (CRPS) located within the Town’s Upper Pressure Plane. The Town has two pressure planes with the BNSF railroad acting as the dividing line. The Lower Pressure Plane is served by the CRPS through a pressure reducing valve located along US 380. The continued growth within the Lower Pressure Plane requires system improvements into the Lower Pressure Plane. This project will be the first phase of the Lower Pressure Plane Water System Improvements. This phase will include approximately 25,800 linear feet of pipeline ranging in sizes of 20-, 24- and 42-inches and a transfer valve. This project will be broken down into the following tasks: Task 1 – Final design of approximately 15,300-linear feet of 42-inch supply and discharge line from Coit Road to the Dallas Parkway. A transfer valve will be constructed along the BNSF railroad to allow the Town to operate the flow into the Lower Pressure Plane. This task utilizes the alignment previously determined through the Lower Pressure Plane 42-inch Transmission Line Alignment Study Project (1501-WA). A property boundary map and environmental assessment have been completed for this entire section of pipeline. A section of 2,340-linear feet of 42-inch pipeline is currently under construction along the future Lovers Lane between Richland Boulevard and Preston Road. Task 2 – Final design of the extension of the 20- & 24-inch Lower Pressure Plane Transmission Pipeline. This section of pipeline will begin from the previous ending point of the Dallas Parkway and extend to the existing 20-inch line along Fishtrap Road. It is anticipated this project will be constructed as a single construction contract. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 6 OF 23 PROJECT ASSUMPTIONS: Task 1 – 42-inch LPP Transmission Pipeline and transfer valve • The alignment selected during the previous project, 1501-WA, will be utilized for final design. • Easement documents will be prepared under this contract by utilizing the boundary information provided by the 1501-WA project. • The Lovers Lane construction documents will be incorporated into the design. • When possible, crossing of existing active roadways and driveways will be completed by trenchless steel encasement to minimized disturbance unless directed by the Town. • Transfer valve will be located within an underground precast concrete manhole along the BNSF railroad crossing. • Easements will be purchased for the entire 42-inch pipeline to the NTMWD connection point. Task 2 – 20-& 24-inch LPP Transmission Pipeline • The alignment will begin at the intersection of the Dallas Parkway and the future Lovers Lane at the termination of the 42-inch pipeline • The alignment will end at the connection of the existing 20-inch pipeline located along the south side of Fishtrap Road east of Winsor Drive. • The pipeline will be located within separate easement documents included with this contract. • The alignment will travel north along the Dallas Parkway and west along W. First Street/Fishtrap Road. • The pipeline alignment is proposed to be along the south side of Fishtrap Road. • When possible, crossing of existing active roadways and driveways will be completed by trenchless steel encasement to minimize disturbance unless directed by the Town. II. TASK SUMMARY BASIC SERVICES A. PROGRAM MANAGEMENT - Consultant shall provide program management services for the project. The following services shall be provided. 1. Coordination of the letters of permission for access to private properties for surveying and geotechnical investigations. Consultant shall mail the letters and perform follow-up phone calls as necessary to obtain the signed letters. 2. Coordinate easement documents with the Town Administrator and/or Town Attorney. 3. Coordinate the efforts of all involved in the project, including Consultant, the surveyor, the geotechnical engineer, the Town Staff, the Town Attorney, and the franchise utilities. Provide oversight of the schedule during the survey, land acquisition, and engineering process, to attempt to maintain the Town's desired schedule. 4. Coordination with the franchise utilities that are impacted by the proposed improvements. Provide copies of the improvements plans to each utility. Obtain schedules of proposed franchise utility clearing, and relate these schedules to the project schedule. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 7 OF 23 5. Prepare presentations and attend up to 4 Council meetings to brief the Council on the progress of the design, and to recommend award of the construction contracts. 6. Set up and attend up to 3 project meetings between the 2 construction contractors, to aid in coordination of the construction contracts between the EST and LPP PL. 7. Coordination with TCEQ, NTTA, and BNSF on the status of permit applications for the project. Work with them to obtain these permits within the time allowed by the project schedule. B. TASK 1 & 2 – LPP TRANSMISSION PIPELINE PHASE 1 1. Final Design (Tasks 1&2) – Upon Town approval of the alignment study, Consultant will continue with final design efforts. The final design shall include the following. a. FNI will prepare a 50% design submittal. The submittal will include construction drawings at a scale of 1”=30” horizontal and 1”=5” vertical, three (3) half size (11”x17”) and two (2) full size (22”x34”) construction drawings, updated schedules and updated opinion of probable construction cost. These items will be submitted to the Town at the 50% submittal date. In addition, the submittals will include electronic copies of the construction drawings in pdf format. Typical sheets used in the project will be: i. Cover Sheet ii. General Notes iii. Project layout control iv. Plan and Profile sheets v. Details b. Utilize hydraulic model to evaluate LPP operations with the proposed EST and determine instrumentation settings for the proposed transfer valve. This does not include a complete hydraulic review of the Town’s water system. Additional hydraulic analysis will be complete as an additional service. c. Provide final engineering layouts, instrumentation, electrical, cross-sections, details, and specifications for the transfer valve. d. Upon receipt of the Town’s comments on the 50% submittals, one (1) review meeting will be held to discuss the review comments and recommendations based on the 50% plans. e. Once the 50% comments have been received from the Town, FNI will prepare 90% documents. The submittal will include three (3) sets of half size (11”x17”) and two (2) full size (22”x34”) construction drawings, specifications, contract documents, bid proposal, updated schedule and updated opinion of probable construction cost. In addition, the submittals will include electronic copies of the construction drawings in pdf format. f. Upon receipt of the Town’s comments on the 90% submittal, one (1) review meeting will be held to discuss the review comments and recommendations based Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 8 OF 23 on the 90% plans. g. Once the 90% comments have been received from the Town, FNI will prepare 100% documents. The submittals will include three (3) sets of half size (11”x17”) and two (2) full size (22”x34”) construction drawings, specifications, contract documents, bid proposal, updated schedule and updated opinion of probable construction cost. In addition, the submittal will include electronic copies of the construction drawings in pdf format. h. Upon receipt of the Town’s comments on the 100% submittal, one (1) review meeting will be held to discuss the review comments and recommendations based on the 100% plans. i. Once the 100% comments have been received from the Town, FNI will prepare “final” documents. Provide “final” plans, specifications, contract documents, and bid proposals for construction contracts to complete this project and in accordance with the Town’s bidding procedures. Three (3) sets of half size (11”x17”) and two (2) sets of full size (22”x34”) construction drawings, specifications, contract documents, bid proposals and opinion of probable construction costs will be provide to the OWNER during the bidding process. In addition, the submittal will include electronic copies of the construction drawings in pdf on CDs. j. Upon completion of the design services and approval of “final” drawings and specifications by OWNER, FNI will submit these to the TCEQ for review and approval. The project may be advertised and reviewed by the TCEQ concurrently as directed by OWNER, however the project cannot start construction until TCEQ approval. C. TASK 3 - BID PHASE - Upon completion of the design services and approval of "Final" drawings and specifications by Town, Consultant will proceed with the performance of services in this phase as follows: 1. Assist Town in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in Consultant's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for Town to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by the Town. 2. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. 3. Maintain information on entities that have been issued a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. 4. Assist Town by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 5. At Town request, Consultant will assist Town in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 9 OF 23 project. Recommend award of contracts or other actions as appropriate to be taken by Town. 6. Assist the Town in conducting a pre-bid conference for the construction projects and coordinate responses with Town. Response to the pre-bid conference will be in the form of addenda issued after the conference. 7. Assist Town in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents for each construction contract, which include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the Town and construction contractor. Distribute five (5) copies of these documents for each construction contract to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Town with the remaining five (5) copies of these documents for each construction contract for use during construction. Additional sets of documents can be provided as an additional service. 8. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. D. TASK 4 - CONSTRUCTION PHASE - Upon completion of the bid or negotiation phase services, Consultant will proceed with the performance of construction phase services as described below. Consultant will endeavor to protect the Town in providing these services. However, it is understood that Consultant does not guarantee the Contractor's performance, nor is Consultant responsible for supervision of the Contractor's operation and employees. Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. Consultant shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. The Town agrees to include provisions in the construction contract documents that will require the construction contractors to include Consultant and their subconsultants on this project to be listed as an additional insured on contractors’ insurance policies. 1. Assist Town in conducting pre-construction conference with the Contractor, review construction schedules prepared by the Contractor pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 2. Establish communication procedures with the Town and contractor. 3. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor’s submittals and provide for filing and retrieval of project documentation. Review contractor's submittals including requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. 4. Based on Consultant's observations as an experienced and qualified design professional Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 10 OF 23 and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that Consultant recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 5. Make one visit per month for 10 month construction duration to the water pipeline site to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort Consultant will endeavor to protect the Town against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the Town. Visits to the site in excess of the specified number are an Additional Service. 6. Notify the contractor of non-conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Interpret the drawings and specifications for the Town and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the Town, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an Additional Service. 8. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Town to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Town. Documentation of field orders, where cost to Town is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Town are an additional service. Substitutions of materials or equipment or design modifications requested by the Town are an Additional Service. 9. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Town on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Town if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of Consultant are an Additional Service. 10. Conduct, in company with Town's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the Town in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an Additional Service. 11. Revise the construction drawings in accordance with the information furnished by Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 11 OF 23 construction Contractor(s) reflecting changes in the Project made during construction Two (2) sets of prints of "Record Drawings" shall be provided by Consultant to the Town. Consultant shall also provide a DWG electronic copy of the Record Drawings to the Town. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 12 OF 23 SPECIAL SERVICES A. TASK 5 - TOPOGRAPHICAL SURVEY: - Upon written notice to proceed, Consultant shall retain (as a subconsultant) and monitor the services of a surveying firm to perform surveying services for the project. The following survey shall be provided. 1. Abstract map of the proposed pipeline alignment. This map will consist of available property line information from the Collin County Appraisal District. The abstract property information will be overlaid onto an aerial photograph of the Town of Prosper, and used to determine and display the pipeline alignment. The boundary survey developed with the Lower Pressure Plane 42-inch Transmission Line Alignment Study (1501-WA) will be utilized. 2. Prepare letters of permission for access to private properties for surveying and geotechnical boring activities. These letters are to be put on the Town of Prosper letterhead and sent to the appropriate landowners. 3. Perform a design topographic survey of the pipeline alignments. Survey all surface features within the survey areas, including 1-foot contours, ditches, creeks, outlines of tree-lines, telephone poles, fences, valves, vaults, manholes, roads, culverts, buildings, mailboxes, utility boxes, driveways, and all other such surface features. 4. Call DigTess to flag all existing underground franchise utilities, and survey these utilities into the design survey. Research existing Town of Prosper utility plans, and include these lines in the survey. B. TASK 6 - EASEMENT DOCUMENTS: – Upon written notice to proceed, FNI shall retain (as a subconsultant) and monitor the services of a surveying firm to perform easement document services for the project. The following shall be provided. 1. Prepare an exhibit and boundary easement description for each tract that the proposed water lines will cross. The legal descriptions and plats shall meet the criteria stated below. Easements shall be signed and sealed by a Registered Professional Land Surveyor, currently registered in the State of Texas. Each easement shall have attached to it a copy of the corresponding deed for that property and a closure computation sheet for the easement tract. The exhibit plat will include any temporary construction easement required for the project. This information will be shown on the exhibit only and not included within the legal descriptions. A draft copy of each easement shall be submitted. After review by the Town, Consultant shall incorporate comments as appropriate and submit one final copy of the easements and deeds to the Town. This proposal is based upon preparation of 28 permanent water easements and 28 temporary construction easements. Easements prepared in excess of this number will be an additional service. 2. Exhibit Plats and legal descriptions must meet all the rules of the Texas Board of Professional Land Surveying and the Professional Land Surveying Practices Act. The Manual of Practice for Land Surveying in the State of Texas, as published by the Texas Society of Professional Surveyors, is the standard to which all Consultant’s survey work shall be performed. The latest revision will be used. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 13 OF 23 3. Legal descriptions shall include sufficient information to identify the location, boundaries, monumentation, and area of the described tract, as well as its relationship to the parent tract out of which it is surveyed. Each legal description shall be accompanied by an exhibit plat which depicts the worded description. Legal descriptions and Exhibit Plats shall be reproduced on 8 1/2 x 11 size paper. All must be legible. The Exhibit Plat or Legal Description should be able to stand alone. a. The Exhibit Plat should contain the following: i. North Arrow ii. Graphic Scale iii. Legend iv. Mathematical Closure v. Abstract name and number vi. Basis of bearing vii. Controlling Monuments viii. Check bearings and distances against legal description (They should be the same) ix. Show adjoiners x. Show existing easements (with instrument recording information) xi. Exhibit plat should acknowledge existence of the Legal description xii. Line and curve tables are discouraged xiii. Curve data must contain the following: delta, radius, length, long chord bearing and long chord distance. State if curve is tangent or non-tangent. xiv. The survey plat shall bear the firm name, surveyors name, address, and phone number of the land surveyor responsible for the land survey, his/her official seal, his/her original signature, and date surveyed (663.19.5) xv. Acreage to the appropriate number of decimal places. (no square feet) b. The Legal Description shall contain the following (metes and bounds descriptions only): i. General Description 1. Name of current owner of record 2. Type of conveyance record (warranty deed, quit claim deed, etc.) 3. The conveyance instrument recording information (Deed record Volume and Page) 4. Survey Name and Abstract Number 5. County, Town, and State ii. Specific Description 1. POINT OF BEGINNING tied to a monumented corner of the parent tract 2. Check bearings and distances against Exhibit plat (They should be the same) 3. Curve data must contain the following: delta, radius, length, long chord bearing and long chord distance. State if curve is tangent or non-tangent. 4. References to adjoining properties 5. Basis of Bearing 6. Legal description should acknowledge existence of the Exhibit plat 7. Acreage to the appropriate number of decimal places. (no square feet) C. TASK 7 - SUBSURFACE UTILITY ENGINEERING (SUE): - Consultant will subcontract Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 14 OF 23 with a SUE firm to provide the following SUE services: 1. SUE Quality Level “A” (QLA) – Provide QLA information for a total of twelve (12) test hole locations along varies points throughout the pipeline alignment. QLA services will be in accordance with ASCE Publication CI/ASCE 38-02 (Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data). Sub-Consultant will excavate test holes by means of non-destructive vacuum excavation methods. Sub-Consultant will produce a summary sheet containing the coordinates and elevation to the top of the utility at each test hole location with test holes incorporated in the surveyor’s topographic survey file. 2. SUE Quality Level B (QLB) – Designate horizontal location information within a 100-ft wide section for the section of pipeline through existing right-of-ways listed below: Legacy Dr Dallas Pwy S. Coleman St La Cima Blvd Prosper Commons Blvd Coit Rd This information is obtained through the application and interpretation of appropriate non- destructive surface geophysical methods. A variety of electromagnetic equipment will be used to complete the process. Residential services and irrigation systems will not be mapped, commercial services will be mapped should they cross or parallel the alignment. Un- locatable lines will be depicted as per records from the utility if available. D. TASK 8 - ENVIRONEMENTAL SERVICES: – Consultant will render the following professional environmental services in connection with the project. Compile existing information and conduct wetland delineation 1. Prior to making a field visit, obtain information for the vicinity such as soils maps, National Wetland Inventory maps, topographic maps, floodplain maps, and other readily available, pertinent data. This information will be evaluated to guide the field survey described below. Consultant’s scientists will conduct a pedestrian survey of the route to identify environmental issues. This investigation will include the following: i. Identification of “waters of the U.S." as defined by U.S. Army Corps Engineers’ regulations. These waters of the U.S. are regulated by the USACE and require a permit for activities conducted within the jurisdictional boundaries. The presence of jurisdictional waters such as ephemeral, intermittent, or perennial streams; wetlands; or other open waters will be documented. ii. The presence of potential habitat for any federally listed threatened or endangered species will be determined. iii. Evidence of any obvious environmental contamination such as stained soils, sheens on water, etc. will be noted. Section 404 Permitting Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 15 OF 23 1. Consultant will prepare a letter report that will include a description of field observations described above; an opinion of whether or not jurisdictional waters are present, and if so, the type(s) of waters; an estimate of the area of impact to waters of the U.S.; and a discussion of potential USACE 404 permit options. 2. If required under the terms and conditions of the applicable nationwide permit or permits, Consultant will prepare a preconstruction notification (PCN). The draft PCN will be submitted to the Town for review and comment. After the Town's comments are incorporated into the PCN, it will be submitted to the Fort Worth District Corps of Engineers. If a PCN is not required, Consultant will submit documentation to the Town describing the permit conditions and requirements. All permit conditions and requirements will be included in the construction contract documents, and the construction contractor will be required to abide by these during construction. If an archeological survey is required, this will be considered Additional Services. Section 404 Mitigation Plan 1. These services do not include any mitigation plan services, if required by the permit. If these are required, they will be considered additional services, and will be negotiated between Consultant and the Town if requested by the Town. E. TASK 9 - GEOTECHNICAL ENGINEERING SERVICES: - Consultant will render the following geotechnical engineering professional services in connection with the project consisting of field exploration, laboratory testing, engineering analysis, and reporting. Field Exploration 1. Select appropriate locations for exploratory borings within the vicinity of the proposed improvements at each site and along the proposed pipeline alignment. 2. The Engineer will coordinate with the Town and Texas 811 regarding underground utilities within the vicinity of the planned boring locations prior to commencement of the field exploration activities. 3. Subcontract with a drilling contractor to drill exploratory borings for the proposed improvements according to the schedule provided below. a. Water Transmission Line: six (6) borings to a depth of 15 feet and sixteen (16) borings to a depth of 25 feet below existing grade b. The borings will be advanced using standard rotary drilling equipment with continuous-flight augers (solid or hollow stem) or rotary wash methods. Subsurface samples will be collected using 3-inch diameter Shelby tubes for cohesive soils and a 2-inch diameter split-spoon sampler in conjunction with the Standard Penetration Test (SPT) for intermediate and non-cohesive soils. Rock and rock-like materials will be cored using an NX core barrel and/or tested in situ using the Texas Cone Penetration (TCP) Test or the SPT, as appropriate for the material. c. Groundwater observations within the borings will be recorded at the time of drilling and at the completion of drilling and sampling. d. The borings will be backfilled with auger cuttings upon completion of drilling and sampling. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 16 OF 23 4. An Engineer or Geologist experienced in logging borings will direct the drilling, log the borings, and handle and transport the samples. Visual classification of the subsurface stratigraphy shall be provided according to ASTM D2488 and the Unified Soil Classification System (USCS) during drilling and sampling. Laboratory Testing 1. Testing shall be performed on samples obtained from the borings to determine soil classification and pertinent engineering properties of the subsurface materials. 2. The Engineer will select samples for laboratory testing, assign tests, and review the test results. 3. Laboratory tests will be appropriately assigned for the specific subsurface materials encountered during exploration, but are expected to include: a. Classification tests (liquid and plastic limits and percent passing the no. 200 sieve or gradation) b. Moisture content c. Unit dry weight d. Unconfined compressive strength of soil and rock e. One-dimensional swell (restrained and unrestrained) f. One-dimensional consolidation g. Soluble sulfate content (Tex-145-E) Engineering Analysis and Reporting 1. The Engineer will perform the geotechnical engineering analysis and prepare separate technical memorandums for each of the construction contracts summarizing the geotechnical investigation relevant for each contract. The technical memorandums will include the following: a. Appendix with the boring locations, boring logs, laboratory test results, and a key to the symbols used. b. Discussion of subsurface conditions and soil properties indicated by the field and laboratory work and the implications for design. c. Foundation recommendations, including bearing capacity of soils, suitable bearing material, lateral and overturning resistance, etc. applicable for the recommended foundation or foundation options. d. Subgrade treatment and preparation recommendations for new access drives. e. General discussion of expected construction related issues. f. Earthwork related recommendations for use during development of plans and specifications. 2. Submittals will include an electronic PDF copy of each technical memorandum. ADDITIONAL SERVICES: Additional Services to be performed by Consultant, if authorized by the Town, which are not included in the above described scope of services, are described as follows: A. Field layouts or the furnishing of construction line and grade surveys. B. Mitigation planning required by the USACOE 404 permit. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 17 OF 23 C. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. D. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the Town. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. F. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. G. Preparing Operation and Maintenance Manuals or conducting operator training. H. Assisting the Town in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). I. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. J. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. K. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this Agreement. L. Services required to resolve bid protests or to rebid the projects for any reason. M. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. N. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. O. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of Consultant. P. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Q. Provide follow-up professional services during Contractor's warranty period. R. Furnishing the services of a Resident Project Representative to act as the Town’s on-site Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 18 OF 23 representative during the Construction Phase. S. Detailed settlement studies or other engineering issues resulting from soft soil conditions or other unexpected site conditions. T. Cathodic control design and construction consisting of field evaluations, engineering analysis and construction services. U. Providing additional analysis of the hydraulic water model to determine pressure settings for existing and proposed pressure reducing valves. III. DELIVERABLES Task 1 & 2 – Final Design (Transmission Pipeline) Provide final design plans and specifications for the 42- inch supply pipeline and the 20- & 24-inch discharge pipeline. Task 3 – Bid Phase Services Assist the Town in securing bids and issuing construction plans and specifications for the design of the LPP PL. Task 4 – Construction Phase Provide general construction representative services throughout the construction of the project. Task 5 – Topographical Survey AutoCAD file with horizontal and vertical control points, property lines, existing easements, existing utilities and 1- foot contours. Task 6 – Easement Documents Exhibits and legal descriptions for the proposed permanent and temporary easements for both the supply and discharge pipeline. Task 7 – Subsurface Utility Engineering AutoCAD file with horizontal locations of Level B locations and vertical elevation of Level A locations. Task 8 – Environmental Services Documentation from field observations and permit requirements for the remaining supply pipeline. Task 9 – Geotechnical Engineering Services Documentation from field exploration and laboratory testing on geotechnical bores utilized within the PL and EST sites. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 19 OF 23 EXHIBIT B COMPENSATION/PRICING SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC., FOR THE LOWER PRESSURE PLANE PIPELINE PROJECT (1716-WA) I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed April 2017 Task 1 – 42-inch Pipeline and Trans. Valve March 2018 $212,100 Task 2 – 20- & 24-inch Pipeline March 2018 $164,600 Task 3 – Bid Phase May 2018 $14,550 Task 4 – Construction Phase September 2019 $115,400 Task 5 – Topographical Survey July 2017 $150,750 Task 6 – Easement Documents September 2017 $58,600 Task 7 – Subsurface Utility Engineering November 2017 $39,025 Task 8 – Environmental Services June 2017 $12,125 Task 9 – Geotechnical Engineering July 2017 $29,850 Total Compensation $797,000 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 1 – 42-inch Pipeline and Trans. Valve $212,100 Task 2 – 20- & 24-inch Pipeline $164,600 Task 3 – Bid Phase $14,550 Task 4 – Construction Phase $115,400 Total Basic Services: $506,650 Special Services (Hourly Not-to-Exceed) Amount Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 20 OF 23 Task 5 – Topographical Survey $150,750 Task 6 – Easement Documents $58,600 Task 7 – Subsurface Utility Engineering $39,025 Task 8 – Environmental Services $12,125 Task 9 – Geotechnical Engineering $29,850 Total Special Services: $290,350 Direct Expenses Amount None $0 Total Direct Expenses: $0 Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 21 OF 23 EXHIBIT C INSURANCE REQUIREMENTS PROFESSIONAL SERVICES Services performed by consultants or other professionals, including but not limited to: Accountants, Attorneys, Architects, Engineers, Surveyors, Veterinarians, Real Estate Appraisal, Optometry, Landscape Architects, Medical Doctors, and Materials Testing. Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 22 OF 23 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Item 12 PROFESSIONAL SERVICES AGREEMENT PAGE 23 OF 23 EXHIBIT D Item 12 Page 1 of 1 To: Mayor and Town Council From: Steve Glass P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pump Station Expansion project. Description of Agenda Item: The Town’s Capital Improvement Plan recommends improvements for the Town of Prosper’s Water System Lower Pressure Plane. One of the recommended improvements is the addition of the sixth and final pump at the Custer Road Pump Station. The addition of the pump, elevated storage tank, and water supply line will allow the Town to delay the construction of the dedicated Lower Pressure Plane Pump Station and the Ground Storage Tank project. This proposed contract will authorize Freese and Nichols, Inc., to provide the design and specifications for the Custer Road Pump Station Expansion. Budget Impact: The cost for this design work is $134,000. Funding for the design has been budgeted in account 630-6610-50-00-1719-WA. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the Standard Professional Services Agreement as to form and legality. Attached Documents: 1.Professional Services Agreement. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pump Station Expansion project. Proposed Motion: I move to authorize the Town Manager the Town Manager to execute a Professional Engineering Services Agreement between Freese and Nichols, Inc., and the Town of Prosper, Texas, related to the design of the Custer Road Pump Station Expansion project. Prosper is a place where everyone matters. ENGINEERING Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 1 OF 14 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC., FOR THE CUSTER ROAD PUMP STATION EXPANSION PROJECT (1719-WA) This Agreement for Professional Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and Freese and Nichols, Inc., a Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Custer Road Pump Station Expansion Project (1719-WA) hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under the same or similar circumstances by competent members of their profession in the locality. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of One Hundred Thirty-Four Thousand One Hundred Dollars ($134,100) for the Project as set forth and described in Exhibit B – Compensation/Pricing Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Consultant agrees to submit statements to Town for professional services no more than once per Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 2 OF 14 month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements, and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Consultant’s personnel, or any personnel, professionals and/or consultants retained by Consultant, Consultant shall promptly propose substitutes to whom Town has no reasonable objection, and Consultant’s compensation shall be equitably adjusted to reflect any difference in Consultant’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 3 OF 14 OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: Freese and Nichols, Inc. Jeff Payne Vice President 5805 Main Street, Suite B Frisco, TX 75034 jp@freese.com Town of Prosper Harlan Jefferson Town Manager 121 W. Broadway PO Box 307 Prosper, TX 75078 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days’ notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign their rights or delegate their duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirements of the Town Charter and the Town’s Code of Ordinances and will abide by the same. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 4 OF 14 hereto as Exhibit D - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 2017. FREESE AND NICHOLS, INC. By: Signature Jeff Payne, PE Printed Name Vice President Title Date TOWN OF PROSPER, TEXAS By: Signature Harlan Jefferson Printed Name Town Manager Title Date Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 5 OF 14 EXHIBIT A SCOPE OF SERVICES I. PROJECT DESCRIPTION: This project will add the 6th and final pumping unit to the existing Custer Road Pump Station (CRPS). The Town of Prosper is currently, by separate contract, developing a transmission pipeline and a 2.5 MG Elevated Storage Tank (EST) to serve the growing demand in the Lower Pressure Plane (LPP). By adding the additional pumping capacity to the existing CRPS the proposed LPP Pump Station and Ground Storage Tank (GST) can be deferred until approximately year 2021. This task includes a brief preliminary study on the system demands with respect to the current and future use of the pump station. The final design will include construction drawings for the final pumping unit with associated electrical and instrumentation improvements. PROJECT ASSUMPTIONS: Custer Road Pump Station Expansion • Upgrade the pumping capacity at the existing CRPS to 25 MGD firm capacity. • Design will include all required electrical and pump control equipment associated with the new pumping unit. • It is assumed that upgrades will be designed to work using the existing 480V system. II. TASK SUMMARY BASIC SERVICES A. TASK 1 – PRELIMINARY DESIGN – Upon notice to proceed by the Town, the Consultant will begin the following tasks. 1. Visit the pump station site with Town staff to determine any modifications needed to existing facilities and design changes for proposed facilities. Take measurements of existing equipment and areas for new equipment. i. Obtain and review all available data for the Project, including: ii. Previous Studies iii. Previous Plans & Specifications for the Pump Station 2. Develop system curves based on 2021 and ultimate demand projections under average day and maximum day conditions. These will be based on the water model developed as part of the “Water, Wastewater, and Roadway Impact Fee Update” currently in progress. This Project will not include any updates to the water model. 3. Evaluate pumping equipment available for use in the Project. Contact various pump manufacturers to determine pumps that are available for the station. Evaluate selections by manufacturers and make recommendations to the Town for inclusion in specifications. Review original specifications and recommend updates for the proposed pump specification. Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 6 OF 14 4. Provide a brief Technical Memorandum summarizing the recommendations for the pump station including an updated project schedule and opinion of probably construction costs. 5. Conduct (1) review meeting with Town staff on the draft Technical Memorandum to obtain their comments. Comments will be addressed and the memo will be finalized after the comment review meeting. B. TASK 2 – FINAL DESIGN – Upon completion of the preliminary design and approval by the Town, Consultant will proceed with the final design tasks as follows. a. 50%, 90% and 100% submittals will be made to the Town. The submittals will include construction drawings (3 half size-11”x17” sets, 2 full size-22”x34” sets, and PDF file on CD), specifications (90% and 100% submittals only), contract documents (90% and 100% submittals only), bid proposal (90% and 100% submittals only), updated schedule, and updated opinion of probable construction costs. b. Provide final engineering layouts, cross-sections, details, and specifications for the pump station, including proposed pump, piping (pump station), tie-ins to existing piping, valves, electrical equipment and controls. c. Provide Electrical plans, details, and specifications for the pump station electrical equipment, instrumentation, and controls. C. TASK 3 - BID OR NEGOTIATION PHASE - Upon completion of the design services and approval of "Final" drawings and specifications by Town, Consultant will proceed with the performance of services in this phase as follows: 1. Assist Town in securing bids. Issue a Notice to Bidders to prospective contractors and vendors listed in Consultant's database of prospective bidders, and to selected plan rooms. Provide a copy of the notice to bidders for Town to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by the Town. 2. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. 3. Maintain information on entities that have been issued a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. 4. Assist Town by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. 5. At Town request, Consultant will assist Town in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by Town. 6. Assist the Town in conducting a pre-bid conference for the construction projects and coordinate responses with Town. Response to the pre-bid conference will be in the form of Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 7 OF 14 addenda issued after the conference. 7. Assist Town in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents for each construction contract, which include information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the Town and construction contractor. Distribute five (5) copies of these documents for each construction contract to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide Town with the remaining five (5) copies of these documents for each construction contract for use during construction. Additional sets of documents can be provided as an additional service. 8. Furnish contractor copies of the drawings and specifications for construction pursuant to the General Conditions of the Construction Contract. D. TASK 4 - CONSTRUCTION PHASE - Upon completion of the bid or negotiation phase services, Consultant will proceed with the performance of construction phase services as described below. Consultant will endeavor to protect the Town in providing these services. However, it is understood that Consultant does not guarantee the Contractor's performance, nor is Consultant responsible for supervision of the Contractor's operation and employees. Consultant shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. Consultant shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. The Town agrees to include provisions in the construction contract documents that will require the construction contractors to include Consultant and their subconsultants on this project to be listed as an additional insured on contractors’ insurance policies. 1. Assist Town in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 2. Establish communication procedures with the Town and contractor. 3. Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor’s submittals and provide for filing and retrieval of project documentation. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. 4. Based on Consultant's observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that Consultant recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 8 OF 14 5. Make two construction site visits duration to the pump station expansion to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort Consultant will endeavor to protect the Town against defects and deficiencies in the work of Contractors and will report any observed deficiencies to the Town. Visits to the site in excess of the specified number are an Additional Service. 6. Notify the contractor of non-conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 7. Interpret the drawings and specifications for the Town and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by the Town, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an Additional Service. 8. Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the Town to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the Town. Documentation of field orders, where cost to Town is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Town are an additional service. Substitutions of materials or equipment or design modifications requested by the Town are an Additional Service. 9. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the Town on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. Endeavor to negotiate a settlement value with the Contractor on behalf of the Town if appropriate. Providing these services to review or evaluate construction contractor(s) claim(s), supported by causes not within the control of Consultant are an Additional Service. 10. Conduct, in company with Town's representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the Town in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an Additional Service. 11. Revise the construction drawings in accordance with the information furnished by construction Contractor reflecting changes in the Project made during construction. Two (2) sets of prints of "Record Drawings" shall be provided by Consultant to the Town. Consultant shall also provide a DWG electronic copy of the Record Drawings to the Town. Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 9 OF 14 ADDITIONAL SERVICES: Additional Services to be performed by Consultant, if authorized by the Town, which are not included in the above described scope of services, are described as follows: A. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. B. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by the Town. C. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. D. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. E. Preparing Operation and Maintenance Manuals or conducting operator training. F. Assisting the Town in preparing for, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). G. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. H. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. I. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this Agreement. J. Services required to resolve bid protests or to rebid the projects for any reason. K. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. L. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. M. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of Consultant. N. Providing value engineering studies or reviews of cost savings proposed by construction contractors after bids have been submitted. Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 10 OF 14 O. Provide follow-up professional services during Contractor's warranty period. P. Furnishing the services of a Resident Project Representative to act as the Town’s on-site representative during the Construction Phase. Q. Detailed settlement studies or other engineering issues resulting from soft soil conditions or other unexpected site conditions. R. Providing additional analysis of the hydraulic water model other than the listed system curves. III. DELIVERABLES Task 1 – Preliminary Design: A brief technical memorandum outlining the proposed improvements and system demands. Task 2 – Final Design Provide final design plans and specifications for the pump station expansion. Task 3 – Bid Phase Services Assist the Town in securing bids and issuing construction plans and specifications for the design of the PS expansion. Task 4 – Construction Phase Provide general construction representative services throughout the construction of the project. Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 11 OF 14 EXHIBIT B COMPENSATION/PRICING SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND FREESE AND NICHOLS, INC., FOR THE LOWER PRESSURE PLANE WATER SUPPLY PROJECT 1719-WA I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed April 2017 Task 1 – Preliminary Design July 2017 $23,800 Task 2 – Final Design November 2017 $68,750 Task 3 – Bid Phase January 2018 $10,900 Task 4 – Construction Phase July 2018 $30,650 Total Compensation $134,100 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 1 – Preliminary Design $23,800 Task 2 – Final Design $68,750 Task 3 – Bid Phase $10,900 Task 4 – Construction Phase $30,650 Total Basic Services: $134,100 Direct Expenses Amount None $0 Total Direct Expenses: $0 Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 12 OF 14 EXHIBIT C INSURANCE REQUIREMENTS PROFESSIONAL SERVICES Services performed by consultants or other professionals, including but not limited to: Accountants, Attorneys, Architects, Engineers, Surveyors, Veterinarians, Real Estate Appraisal, Optometry, Landscape Architects, Medical Doctors, and Materials Testing. Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 13 OF 14 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Item 13 PROFESSIONAL SERVICES AGREEMENT PAGE 14 OF 14 EXHIBIT D Item 13 Page 1 of 3 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Consider and act upon an ordinance amending the FY 2016-2017 Budget and Capital Improvement Plan. Description of Agenda Item: The proposed amendment to the ordinance for FY 2016-2017 Budget Authority and Capital Improvement Plan includes the following project: East Thoroughfare Fund General Government Capital Projects: First Street (DNT - Coleman): The proposed FY 2016-2017 Budget and Capital Improvement Plan amendment for $350,000, is for the funding necessary to purchase three (3) properties along First Street from Crockett to Main Street. The purchase of the properties would be utilized for the future widening of First Street from DNT - Coleman. Water Impact Fees Fund Development Agreement Reimbursements: Prosper Lake on Preston: The current agreement allows the developer to receive credits/reimbursements of the water impact fees collected up to the actual cost of the construction of the improvements. It was originally anticipated that the water impact fees would not be collected and reimbursed to the developer, but instead, credit provided towards the construction costs as building permits were issued, until such time as the balance was paid in full. After which, the Town would begin collecting water impact fees for the remaining lots in the development. Since the actual cost of the improvements does not equate to a finite number of residential lots, the developer and Town staff agreed that it would be easier to financially tract the balance of reimbursements through the Town collecting the water impact fees at time of building permit issuance, and reimbursing the developer until the balance of reimbursement is paid in full. Once the balance of reimbursement is paid in full, the Town will continue to collect the water impact fees for use on other projects. The proposed budget amendment, in the amount of $251,000, represents the eligible amount of reimbursement for the improvements. FINANCE Prosper is a place where everyone matters. Item 14 Page 2 of 3 Preserve at Doe Creek: Per the terms of the current agreement, the developer is to receive reimbursement for the actual costs of the construction for the extension of the water line from the Preserve at Doe Creek development to the Glennbrooke subdivision. The estimated cost in the agreement was $532,586, and represents the amount in the current budget. The construction is complete and the actual cost is $713,460. The proposed budget amendment, in the amount of $180,874, represents the additional amount of funding necessary to complete the reimbursement. Water Impact Fees Fund Capital Projects: County Line Elevated Storage Tank (North): Based on the recent update to the Water System Capital Improvement Plan, the construction of this elevated storage tank is not necessary at this time. Instead, the Town will need to construct the Fishtrap Elevated Storage Tank (South) project first. Current funding, of $337,500, is to be reallocated to other projects. Fishtrap Elevated Storage Tank (South): On the April 11, 2017, Town Council meeting agenda is the design contract for this project. The project budget is $325,700, and is to be funded from the Water Impact Fee Fund. Fishtrap EST (Site Acquisition): In order to facilitate the Fishtrap Elevated Storage Tank project, the Town will need to purchase approximately 2.0 acres of property along Fishtrap Road east of Teel Parkway. The estimated cost for the property and acquisition services is estimated to be $240,000. 24” WL Connection from County Line EST to DNT: This project is no longer applicable due to the changes outlined in the updated Water System Capital Improvement Plan and is therefore being removed from the CIP. Current funding, in the amount of $70,775, is to be reallocated to other projects. Water Supply Line Phase 1: On the April 11, 2017, Town Council meeting agenda is the design contract for this project. The project budget is $829,850, and is to be funded from the Water Impact Fee Fund. Custer Road Pump Station Expansion: On the April 11, 2017, Town Council meeting agenda is the design contract for this project. The project budget is $134,100, and is to be funded from the Water Impact Fee Fund. 42” Lovers Lane Transmission Line: Within the limits of the Gates of Prosper development, a 42” water line has been constructed under Lovers Lane from Richland Boulevard to the west side of Preston Road. Since this project represents a portion of the Lower Pressure Plane Pump Station and Transmission Line project below, funding in the amount of $925,590, is currently approved out of the Lower Pressure Plane Pump Station and Transmission Line project’s $1,726,000, budget. Since the timing for the design of the remainder of the Lower Pressure Plane Pump Station and Transmission Line project has been pushed back, to simplify the tracking and funding for this project, this budget amendment proposes to add a new project and allocate the approved $925,590, to this project. Lower Pressure Plane Pump Station and Transmission Line: As mentioned above, the timing for the design of the remainder of the Lower Pressure Plane Pump Station and Transmission Line project has been pushed back so the funding for this project is being returned to the Water Impact Fee Fund balance to cover the cost of the 42” Lovers Lane Transmission Line project and may be reallocated to this project in the future. Item 14 Page 3 of 3 Budget Impact: Staff proposes to increase funding allocations for the projects as follows: Attached Documents: 1. Ordinance 2. Exhibit A 3. CIP Amendment Town Staff Recommendation: Town staff recommends that the Town Council approve an ordinance amending the FY 2016- 2017 Budget and Capital Improvement Plan. Proposed Motion: I move to approve an ordinance amending the FY 2016-2017 Budget and Capital Improvement Plan. WATER IMPACT FEES Original Budget Current Budget Amended Budget Increase (Decrease) EXPENDITURES: Developer Reimbursements Prosper Lake on Preston Development Reimb $ - $ - $ 251,000 $ 251,000 Preserve Doe Creek Development Reimb 532,586 532,586 713,460 180,874 Total Developer Reimbursements $ 532,586 $ 532,586 $ 964,460 $ 431,874 Captial Projects County Line Elevated Storage Tank (North) $ 337,500 $ 337,500 $ - $ (337,500) Fishtrap Elevated Storage Tank (South) - - 325,700 325,700 Fistrap EST (Site Acquisition) - - 240,000 240,000 24" WL Connection from County Line EST/DNT 70,775 70,775 - (70,775) Water Supply Line Phase I - - 829,850 829,850 Custer Road Pump Station Expansion - - 134,100 134,100 42" Lovers Lane Transmission Line - - 925,590 925,590 Lower Pressure Plane Pump Station 1,726,000 1,726,000 - (1,726,000) Total Capital Projects $ 2,134,275 $ 2,134,275 $ 2,455,240 $ 320,965 EAST THOROUGHFARE IMPACT FEES Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: First Street (DNT-Coleman) $ - $ - $ 350,000 $ 350,000 Total $ - $ - $ 350,000 $ 350,000 Total Expenditures 1,102,839 Net Effect All Funds 1,102,839$ Item 14 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17- AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 16-55 (FY 2016-2017 BUDGET) AND ALLOCATING FUNDS TO FUND INCREASED EXPENDITURE OF $752,839 IN THE WATER IMPACT FEE FUND BUDGET; AND ALLOCATING FUNDS TO FUND INCREAESED EXPENDITURE OF $350,000 IN THE EAST THOROUGHFARE IMPACT FEES FUND PROVIDING FOR REPEALING, SAVINGS 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 it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 16-55 (FY 2016-2017 Budget) for the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, the changes will result in budgeted funds being reallocated within the General Fund and an overall net increase in the budget for funding from fund balance. 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 Ordinance No. 16-55 (FY 2016-2017 Budget) is hereby amended to allow for increases to appropriations as shown in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5 Effective Date. This Ordinance shall become effective immediately upon its passage. Item 14 Ordinance No. 17-__, Page 2 DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 11TH DAY OF APRIL, 2017. TOWN OF PROSPER, TEXAS ___________________________________ Ray Smith, Mayor ATTEST TO: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Item 14 Ordinance No. 17-_, Page 3 WATER IMPACT FEES Original Budget Current Budget Amended Budget Increase (Decrease) EXPENDITURES: Developer Reimbursements Prosper Lake on Preston Development Reimb $ -$-$ 251,000 $ 251,000 Preserve Doe Creek Development Reimb 532,586 532,586 713,460 180,874 Total Developer Reimbursements $ 532,586 $ 532,586 $ 964,460 $ 431,874 Captial Projects Fishtrap Elevated Storage Tank (South)- - 157,425 157,425 Water Supply Line Phase I - - 163,540 163,540 Total Capital Projects $ -$ -$ 320,965 $ 320,965 EAST THOROUGHFARE IMPACT FEES Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: First Street (DNT-Coleman) $ -$ -$ 350,000 $ 350,000 Total $ -$ -$ 350,000 $ 350,000 Total Expenditures 1,102,839 Net Effect All Funds 1,102,839$ EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2016-2017 April 11, 2017 Item 14 Total Issued Debt Unissued Debt Unissued Debt Reimbursement Prior Years 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2025 Cost Authorized Authorized Unauthorized Resolution 2016-2017 2017-2018 2018-2019 2019-2020 2020-2025 09 1512-ST First Street (DNT - Coleman) 550,000 40,000 7,650,000 8,240,000 590,000 A 7,650,000 7,650,000 09 1512-ST First Street (DNT - Coleman) 550,000 40,000 350,000 7,650,000 8,590,000 940,000 A 7,650,000 7,650,000 550,000 40,000 0 0 0 0 7,650,000 8,240,000 590,000 0 0 7,650,000 0 0 0 0 0 7,650,000 550,000 40,000 350,000 0 0 0 7,650,000 8,590,000 940,000 0 0 7,650,000 0 0 0 0 0 7,650,000 Funding Sources Total Other Issued Debt Unissued Debt Unissued Debt Prior Years 2015-2016 2016-2017 2017-2018 2018-2019 2019-2020 2020-2025 Cost Sources Authorized Authorized Unauthorized 2016-2017 2017-2018 2018-2019 2019-2020 2020-2021 2021-2026 01 1715-WA County Line Elevated Storage Tank (North)337,500 4,500,000 4,837,500 866,725 A 3,970,775 3,970,775 01 1715-WA Fishtrap Elevated Storage Tank (South)325,700 5,415,000 5,740,700 325,700 A 5,415,000 2,707,500 2,707,500 02 1715-WA Fishtrap Elevated Storage Tank Site Acquisition 240,000 240,000 240,000 A 03 1716-WA 24" WL Connection from County Line EST to DNT 70,775 924,225 995,000 70,775 A 924,225 924,225 03 Project 03 Removed because EST relocation South 03 1716-WA Water Supply Line Phase 1 829,850 9,694,479 10,524,329 829,850 A 9,694,479 4,847,240 4,847,240 04 1716-WA Water Supply Line Phase 1 Easement Costs 4,141,500 4,141,500 2,200,000 A 1,941,500 1,941,500 05 1719-WA Custer Road Pump Station Expansion 134,100 889,350 1,023,450 134,100 A 889,350 889,350 06 Fishtrap 20" Water Line (Legacy - DNT)1,333,425 1,333,425 1,333,425 A 06 Project 06 Removed because now part of Project 03 07 1501-WA Lower Pressure Plane Pump Station and Transmission Line 185,100 1,726,000 22,902,900 24,814,000 1,853,081 A 58,019 22,902,900 11,451,450 11,451,450 06 1501-WA Lower Pressure Plane Pump Station and Transmission Line 185,100 1,495,600 18,399,948 20,080,648 127,081 A 58,019 19,895,548 1,495,600 9,199,974 9,199,974 07 LPP Pump Station Site Acquisition 3,750,000 3,750,000 3,750,000 3,750,000 08 LPP Phase 2 Pipeline Easement Costs 1,487,150 1,487,150 1,487,150 A 09 1720-WA 42" Lovers Lane Transmission Line 42,060 883,530 925,590 925,590 A 185,100 1,726,000 23,311,175 6,757,650 0 0 0 31,979,925 4,124,006 58,019 0 27,797,900 11,451,450 16,346,450 0 0 0 0 185,100 42,060 2,413,180 26,873,079 0 18,399,948 0 47,913,367 6,269,471 58,019 0 41,585,877 0 15,631,190 7,554,740 9,199,974 9,199,974 0 A Impact Fees B Grant and Interlocal Funds C Developer Agreements D General Fund E Water / Wastewater Fund F Stormwater Drainage Fund G Park Development Fund H TIRZ #1 J TIRZ #2 K Escrows L UTRWD Equity Fee X Non-Cash Contributions Z Other Sources (See Detail) Description Codes - Other Sources Subtotal Debt ServiceConstruction Schedule Subtotal Water Projects Summary of Capital Improvement Program - 04/11/17 General Fund Projects I n d e x Street Projects Subtotal Subtotal Summary of Capital Improvement Amendment - 04/11/17 Enterprise Fund Projects I n d e x Other Sources Funding Sources Item 14 Page 1 of 7 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – April 11, 2017 Agenda Item: Discussion on proposed amendments to the Zoning Ordinance regarding guest houses, garage apartments, and accessory structures. (Z16-0014). Background/Description of Agenda Item: Recent developments of accessory structures and guest houses have warranted the need to review the standards of these uses to ensure the structures do not have a negative impact on adjacent residential properties. In addition, staff has received requests to reduce the required rear yard setback on single family lots to accommodate attached accessory structures such as patio covers. The Town Council received a briefing on January 24, 2017. The Planning & Zoning Commission discussed this item during their February 7th, February 21st and March 21st meetings, and toured sites in the Town on February 21st to see larger accessory structures and guest houses in the Town. Guest Houses: The Zoning Ordinance defines a “guest house” as, “An accessory dwelling unit, detached from the main building on the lot, used to house family and/or guests of the owner(s) of the main residential structure, and which is never rented or offered for rent.” The Zoning Ordinance permits Guest Houses by right in all residential districts and the Downtown Retail District with the following standards contained within the section of the Zoning Ordinance regarding “Accessory Structures and Uses.”: ”A Guest House shall be permitted in the Agricultural through the Downtown Retail Districts as an incidental residential use of a building on the same lot or tract as the main dwelling unit and used by the same person or persons of the immediate family and shall meet the following standards: A.The Guest House must be constructed to the rear of the main dwelling, separate from the main dwelling. A lot must have a minimum of one-half (½) acre for a Guest House to be permitted. B.The Guest House may be constructed only upon issuance of a Building Permit. C.The Guest House may not be sold separately from sale of the entire property, including the Prosper is a place where everyone matters. PLANNING Item 15 Page 2 of 7 main dwelling unit, and shall not be sub-let. D. Setback requirements shall be the same as for the main structure.” Issues & Recommendations 1. Update the definition of a guest house in Section 2 of Chapter 3 to read, “A second, attached or detached dwelling unit located on the same lot or tract as the primary dwelling unit, which provides for living, sleeping, and cooking facilities and is used by family members, guests of the family, or a domestic worker hired by the homeowner of the primary dwelling unit. A mobile home or a HUD-Code manufactured home shall not be considered as a guest house.” 2. Amend the Use Chart in Section 1 of Chapter 3. Since the use is designated as a “by-right” in the Use Chart of the Zoning Ordinance, it is not readily apparent there are conditions that need to be met. Recommend amending the use Chart to designate “Guest Houses” as a “Conditional Use” with new standards as noted below in the Agricultural and Single Family Districts. Remove the use from the Downtown Single Family District, due to the smaller lot size in this district. 3. Create new Conditional Use for Guest House in Section 1.4 of Chapter 3 to read, a) The guest house, if detached, shall be located on a lot or tract containing a minimum of one (1) acre; b) To be classified as an attached guest house, the second living quarters shall be integral to primary dwelling and be accessed through conditioned interior corridors. A guest house that is connected to the primary dwelling by a covered or enclosed walkway shall meet all conditions of a detached guest house. c) The guest house shall be located on the same lot or tract as the existing primary dwelling; d) If detached, the guest house shall be located behind the primary structure at a point no closer than ten (10) feet from the rear wall line of the primary dwelling. e) If detached, the guest house shall meet all rear yard and side yard setbacks that are required of the primary dwelling; f) If detached, the height of the guest house shall not exceed the height of the primary dwelling; g) If detached, a guest house shall not be finaled/approved for occupancy prior to the final/approval for occupancy of the primary dwelling; h) No more than one (1) guest house per lot or tract shall be permitted; i) The guest house shall not be rented or leased or offered for rent or lease, independently of the primary dwelling; j) The guest house shall not be sold separately from the sale of the entire property, including the primary dwelling; k) The guest house shall be serviced by the same electric and natural gas utility meters as the primary dwelling; l) The exterior building materials shall be consistent with the exterior materials of the primary dwelling; m) The maximum total area of a detached guest house, including garages, covered patios and any enclosed storage areas shall not exceed fifty percent (50%) of the dwelling area of the primary dwelling. However, in no instance, shall the maximum total area of a detached guest house, including garages, covered patios and any enclosed storage areas exceed 2,000 square feet; and n) In no case shall the combined area of the primary dwelling, guest house and/or other accessory buildings exceed the maximum percentage of lot coverage permitted for the zoning district in which the structures are located. Item 15 Page 3 of 7 Garage Apartments: The Zoning Ordinance defines a “garage apartment” as, “An accessory dwelling unit for one (1) family erected in conjunction with a garage, but with a separate entrance than that of the primary dwelling unit on the lot, when the main structure is an owner occupied detached dwelling unit, and which is never rented or offered for rent.” Issues & Recommendations Garage apartments are permitted by right in the Agricultural, Single Family, and Downtown Single Family Districts without any conditions. If standards are not established for this use, the newly established standards for guest houses could be circumvented. Unlike a guest house, it may appropriate for the “garage apartment” to be located on a smaller lot. Since the term, “apartment” is associated with a rental unit, staff recommends the term be amended. 1. Amend the term, Garage Apartment” in the Use Chart in Section 1, Chapter 3 to read, “Residential Garage Loft,” 2. Amend the definition of the revised term in Section 2 of Chapter 3 to read, “A small, accessory dwelling located above a private garage which provides for living, sleeping, and cooking facilities and is used by family members, guests of the family, or a domestic worker hired by the homeowner of the primary dwelling unit. 3. Amend the Use Chart in Section, 1, Chapter 3 by changing the “by-right” designation to a “Conditional Use” with new standards as noted below in the Agricultural, Single Family Districts, and Downtown Single Family District. 4. Create new Conditional Uses in Section 1.4 of Chapter 3 to read, a. The residential garage loft shall be located on the same lot or tract as the primary dwelling unit, b. The residential garage loft shall be located above the garage and the total area of the unit shall not exceed 800 square feet. c. The height of the residential garage loft shall not exceed the height of the primary dwelling; d. No more than one (1) residential garage loft per lot or tract shall be permitted; e. The residential garage loft shall not be rented or leased or offered for rent or lease, independently of the primary dwelling; f. The residential garage loft shall not be sold separately from the sale of the entire property, including the primary dwelling; g. The residential garage loft shall be serviced by the same electric and natural gas utility meters as the primary dwelling; h. The exterior building materials shall be consistent with the exterior materials of the primary dwelling; Detached Accessory Structures: The Zoning Ordinance currently has the following standards: “DETACHED GARAGE AND ACCESSORY BUILDING CONSTRUCTION A. The exterior facades of a detached garage or other accessory building or structure greater than one hundred and sixty (160) square feet shall be subject to the same exterior construction material(s) requirements as the main building or structure. Item 15 Page 4 of 7 B. An accessory building that is larger than one hundred and sixty (160) square feet may be vinyl, cementatious fiber board, or factory coated decorative metal if the wall height of the building does not exceed fourteen (14) feet and if three (3) of the following six (6) conditions are met: 1. A minimum three (3) foot high wainscoting is provided on all sides, excluding windows and doors, 2. Divided light windows are provided on at least two sides of the building, 3. A minimum roof pitch of four (4) in twelve (12) is provided, 4. A cupola is provided, 5. One (1) tree, a minimum size of one (1) caliper inch, is planted every twenty (20) feet, or portion thereof, along the longest sides of the building, or 6. A minimum twenty (20) foot side yard setback is provided C. Metal or wood may be used as an exterior construction material for an accessory building or structure of one hundred and sixty (160) square feet or less in an SF or 2F District. D. Fiber cement board may be used to fulfill masonry requirements for structures accessory to an existing structure constructed entirely of wood or vinyl siding.” The development standards for structures greater than 160 square feet were added to the Zoning Ordinance in an attempt to ensure the buildings were compatible with the residential character of the neighborhood, while allowing larger structures. Issues & Recommendations In relation of the size of an accessory building to the primary residence, with the exception of lot coverage, there is no limit on the size of an accessory structure. In relation of the height of the accessory building to the height of the primary residence, a two-story accessory building can be built on a lot with a one-story home. Staff recommends the standards of Section 7.6 of Chapter 4 be revised and new standards be established as follows: A. The exterior facades of a detached garage or other accessory building or structure greater than one hundred and sixty (160) square feet shall be subject to the same exterior construction material(s) requirements as the main building or structure. B. An accessory building that is larger than one hundred and sixty 160 square feet may be vinyl, cementatious fiber cement board (updated term), or factory coated decorative metal if the wall height of the building does not exceed fourteen (14) feet and if three (3) of the following six (6) conditions are met: 1. A minimum three (3) foot high wainscoting is provided on all sides, excluding windows and doors, 2. Divided light windows are provided on at least two sides of the building, 3. A minimum roof pitch of four (4) in twelve (12) is provided, 4. A cupola is provided, 5. One (1) tree, a minimum size of one (1) two (2) caliper inch, is planted every twenty (20) twenty-five (25) feet, or portion thereof, along the longest two (2) sides of the building, or 6. A minimum twenty (20) foot side yard setback is provided. C. Metal or wood may be used as an exterior construction material for an accessory building or structure of one hundred and sixty (160) square feet or less in an SF or 2F District. D. Cementatious Fiber cement board may be used to fulfill masonry requirements for structures accessory to an existing structure constructed entirely of wood or vinyl siding. C. In no instance shall the height of an accessory building or detached garage exceed Item 15 Page 5 of 7 the height of the primary dwelling. D. Accessory buildings in excess of 160 square feet shall be located behind the primary structure at a point no closer than ten (10) feet from the rear wall line of the primary dwelling. E. A Specific Use Permit is required for either of the following instances: 1) An accessory building that is greater in size than the primary dwelling. For the purpose of this subsection, the size of the primary dwelling includes the attached private garage, 2) the size of an accessory building which is greater than seven percent (7%) of the lot area, or 3) the size of the accessory structure is greater than 4,000 square feet. Attached Accessory Structures: With smaller lots being developed in the Town, homes are being constructed up to or near the required front, side and rear yard lines. As depicted in Figure 1 below, a SF-10 District lot (minimum 10,000 square-foot lot area) requires a 25-foot front yard setback, a 25-foot rear yard setback and an eight-foot side yard setback. Figure 1 When the house is built up to the rear yard setback, there is no opportunity to add a shade structure such as a covered patio or pergola at the back of the home without encroaching into the required rear yard setback as depicted in Figure 2. Homeowners have requested staff for relief of the rear yard setback requirement to build attached shade structures as depicted in Figure 3. Since there is no physical hardship, the Board of Adjustment cannot consider a variance. Item 15 Page 6 of 7 Figure 2 Figure 3 The Zoning Ordinance permits detached accessory structures in the required rear or side yards, if the structure is located at least three (3) feet from the property line and a minimum of ten (10) feet from the main structure, as depicted in Figure 4. However, homeowners want the shade structure attached to the rear of the home. Item 15 Page 7 of 7 Figure 4 Issues to consider:  Allowing further encroachments into the required yard areas further reduces the open space between homes.  Restriction of fire access at the rear of the home.  Consequence of reduced setback for a covered patio in combination with other detached structures in the rear yard.  Could allow the shade structure to encroach into the rear yard if open on at least three (3) sides. However, the structure could be enclosed at a later date without the staff’s knowledge. Attached Accessory Structures – Recommended Amendments to the Zoning Ordinance: Staff is not recommending an amendment to allow attached structures to encroach into the required setbacks. Town Staff Recommendation: Staff desires to receive feedback on the recommended amendments. Item 15