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06.27.17 Town Council Regular Meeting Packet Page 1 of 3 ] Prosper is a place where everyone matters. 1. Call to Order/Roll Call. 2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag. 3. Announcements of recent and upcoming events. 4. 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 – June 13, 2017 4b. Consider and act upon approving a renewal to the Bank Depository Services Agreement between Independent Bank and the Town of Prosper; and authorizing the Town Manager to execute same. (KN) 4c. Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.359 acres of real property, located at 206 W. First Street, 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) 4d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) 5. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, June 27, 2017 6:00 p.m. Page 2 of 3 PUBLIC HEARING: 6. Conduct a Public Hearing and consider and act upon an ordinance amending Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding the permitted use of restaurants with drive-through service, the definition of restaurants, and the definition of automobile sales, service and leasing. (Z17-0006). (JW) DEPARTMENT ITEMS: 7. Consider all matters incident and related to the issuance and sale of "Town of Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2017,” including the adoption of an ordinance authorizing the issuance of such certificates of obligation and approving all other matters incident thereto. (KN) 8. Consider and act upon an ordinance establishing a Homestead Tax Exemption. (KN) 9. Consider and act upon a request for a Façade Exception for the Gates of Prosper (Dick’s Sporting Goods/Field & Stream), located on the northwest corner of US 380 and Lovers Lane. (MD17-0003). (AG) 10. Consider and act upon a request for a Façade Exception for Bryant’s Addition, Block 23, Lot 3R (307 E. First Street), located on the northwest corner of Church Street and First Street. (MD17-0004). (AG) 11. Consider and act upon awarding Bid No. 2017-48-B Frontier Park Soccer Field Improvements, to Dyna-Mist Construction Company, related to improving drainage and safety of the soccer fields; and authorizing the Town Manager to execute a construction agreement for same. (DR) 12. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 12a. Section 551.087 – To discuss and consider economic development incentives. 12b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Discussion on Collin County Bond Election Resolution. (HJ) 15. Adjourn. Page 3 of 3 CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on June 23, 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. Page 1 of 8 ] 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 Kenneth Dugger (arrived at 6:09 p.m.) Councilmember Meigs Miller Councilmember Jeff Hodges Council Members Absent: Councilmember Michael Korbuly 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 Kelly Neal, Finance Director Baby Raley, Human Resources Director Cindy Slate, Human Resources Generalist Doug Kowalski, Police Chief Ronnie Tucker, Fire Chief Stuart Blasingame, Assistant Fire Chief 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Colonel Carl Rau, Retired Chaplain for the United States Army, led the invocation. The Pledge of Allegiance and the Pledge to the Texas flag were recited. 3.Announcements of recent and upcoming events. The Public Works Department will hold two public meetings this month at the Public Works building regarding upcoming road construction projects that will affect the downtown area. The first meeting will be held on Wednesday, June 21, at 6:00 p.m. for the Parvin Street and Third Street projects, and a second meeting will be held on Thursday, June 22, at 6:00 p.m. for the Sixth Street project. Residents are welcome to attend, and more information is available by contacting the Public Works Department. MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, June 13, 2017 Item 4a Page 2 of 8 The Prosper Community Library has begun its Summer of Science, and the Library will host a variety of programs all summer for kids of all ages. Children’s programs and story times will be held throughout the summer, and Fun Fridays at Frontier returns each Friday in July. More information is available on the Town website. Registration is now open for Parks & Recreation summer programs. Classes, camps, and clinics are available for a variety of sports, and Several Bricks4Kids and Engineering camps are being offered throughout the summer. Sign up at www.prosperparksandrec.org. Beginning at 9:00 a.m. on Thursday, June 15, the southbound left-turn lane of Dallas Parkway at Fishtrap Road will be closed for repair. It will reopen the morning of Monday, June 19. The Dallas North Tollway at Legacy Drive intersection will be closed June 16-June 19. 4. Presentations. Presentation of the State and Local Government Benefits Association (SALGBA) Award for Exemplary Efforts in Benefits to members of the Human Resources staff. (BR) HR Director Baby Raley and HR Generalist Cindy Slate received the award on behalf of Town staff, and Mayor Pro-Tem Vogelsang and Deputy Mayor Pro-Tem Dixon received the award on behalf of the Council Benefits Subcommittee. 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 – May 23, 2017 5b. Receive the April financial report. (KN) 5c. Consider and act upon approving the purchase of one ambulance, from Professional Ambulance Sales and Service, the Texas dealer for Horton Emergency Vehicles, through the Houston-Galveston Area Council (HGAC) Cooperative Purchasing Program; and authorizing the Town Manager to execute the Sales Agreement for same. (SB) 5d. Consider and act upon authorizing the Town Manager to execute a Medical Director Agreement and a Memorandum of Understanding between Beacon Emergency Services Team, P.A., dba BEST EMS, and the Town of Prosper, Texas, related to medical director/control services. (SB) 5e. Consider and act upon Ordinance No. 17-42 providing for the property tax exemption of Freeport Goods. (KN) Item 4a Page 3 of 8 5f. Consider and act upon Ordinance No. 17-43 amending Chapter 3, “Permitted Uses and Definitions,” and Chapter 4, “Development Requirements,” of the Zoning Ordinance regarding Accessory Structures, Accessory Buildings, Guest Houses and Garage Apartments. (Z16-0014). (JW) 5h. Consider and act upon Ordinance No. 17-45 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 limit on La Cima Boulevard. (HW) Mayor Pro-Tem Vogelsang removed Item 5g, and Deputy Mayor Pro-Tem Dixon removed Item 5i from the Consent Agenda. Mayor Pro-Tem Vogelsang made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to approve all remaining items on the Consent Agenda. The motion was approved by a vote of 6-0. 5g. Consider and act upon Resolution No. 17-44 affirming that Denton County is exclusively authorized to issue all subdivision and permit approvals in Denton County Fresh Water Supply District No. 10. (AG) Hulon Webb, Executive Director of Development and Community Services, responded to a question from the Town Council, stating that the purpose of the proposed resolution is to clarify that Denton County has platting and permitting authority within the Denton County Fresh Water Supply District No. 10, including the Artesia development. Mayor Pro-Tem Vogelsang made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to approve Item 5g. The motion was approved by a vote of 6-0. 5i. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) Responding to a question from the Town Council, Senior Planner Alex Glushko confirmed that the Planning & Zoning Commission’s action on June 6, 2017, was only related to site plans for North Preston Village and the Gates of Prosper. Deputy Mayor Pro-Tem Dixon made a motion and Mayor Pro-Tem Vogelsang seconded the motion to approve Item 5i. The motion was approved by a vote of 6-0. 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please Item 4a Page 4 of 8 complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. There were no Citizen Comments. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 7. Presentation of service plan and second Public Hearing to consider the voluntary annexation of a 5.7± acres located on the west side of Custer Road, 1,300± feet south of Frontier Parkway. (A17-0001). (AG) Senior Planner Alex Glushko presented this item before the Town Council. In 2014, the Town extended the five-year Annexation Agreement with the subject property owner. The Annexation Agreement allows for development of the property, in accordance with the Agricultural District of the Town’s Zoning Ordinance. The property owner, Rheas Mill Baptist Church, has submitted a petition to be annexed by the Town, indicating an intent to expand development onto the subject property in the future. This is the second of two required Public Hearings. The first Public Hearing was held on May 23, 2017. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. No further action was taken. 8. Conduct a Public Hearing, and consider and act upon an ordinance for a Specific Use Permit for a Utility Distribution/Transmission Facility, on 0.1± acre, located on the northeast corner of Fishtrap Road and FM 1385. The property is zoned Retail (R). (S17- 0002). (AG) Senior Planner Alex Glushko presented this item before the Town Council. The applicant for the proposed Specific Use Permit (SUP) is proposing to develop a water metering station to serve the Artesia development. The station would accurately measure the volume of water that is used by Artesia and transmit this information back to the water supplier, the Upper Trinity Regional Water District. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Item 4a Page 5 of 8 The Town Council expressed concern with the proposed metering station causing reduced visibility at the intersection. James Coler with Graham and Associates, representing the applicant, responded to questions from the Council about the location of the existing easement, and options to increase visibility. Hulon Webb, Executive Director of Development and Community Services, responded to questions about the eventual realignment of FM 1385 in relation to the proposed metering station. After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 17-46 for a Specific Use Permit for a Utility Distribution/Transmission Facility, on 0.1± acre, located on the northeast corner of Fishtrap Road and FM 1385. The motion was approved by a vote of 6-0. 9. Conduct a Public Hearing, and consider and act upon a request for a Variance to Section 1.09 of the Sign Ordinance regarding Wood Frame Signs for Tribute Senior Living in the Prosper Town Center development, generally located on the northeast corner of Preston Road and First Street. (V17-0004). (AG) Senior Planner Alex Glushko presented this item before the Town Council. This request is for a Variance to the Sign Ordinance regarding wood frame signs for Tribute Senior Living in the Prosper Town Center. The Sign Ordinance requires wood frame signs to be located on the property for which a sign is advertising, to be setback a minimum 15 feet from any adjacent property line, and to be removed prior to issuance of a Certificate of Occupancy. Even though the Sign Ordinance classifies these signs as “wood frame,” the supporting frame may be metal, which is the case in this instance. The applicant is proposing three off-site metal frame signs, one of which is within 15 feet of adjacent property lines, and to allow the signs to remain for a period of 12 months. The three signs were installed on the properties without seeking Town approval. Mayor Smith opened the Public Hearing. John Harris, 170 N. Preston Road, Suite 10, Prosper, did not wish to speak, but submitted a card in support of the item. Andy Franco, 1401 Meadow Way, Prosper, spoke in opposition to the item, noting that one of the signs would face his neighborhood. With no one else speaking, Mayor Smith closed the Public Hearing. Responding to a comment from the Town Council, Mr. Harris stated that it was his belief that the signs were in conformance to the Town’s standards based on a previous agreement; however, Town staff has no record of such an agreement. Charles Hodges, the developer, stated that he believes the signs are effective, and that he has had two applicants for employment due to the location of the signs. Development Services Director John Webb recommended the developer submit a unified development sign package that would provide for all signs on the property. He confirmed that Code Enforcement would not take action on any signs until a final determination is made on the Variance request. Item 4a Page 6 of 8 After discussion, Councilmember Miller made a motion and Councilmember Dugger seconded the motion to table Item 9 to the July 11, 2017, Town Council meeting. The motion was approved by a vote of 6-0. DEPARTMENT ITEMS: 10. Consider and act upon approving Change Order Number 01 for Bid No. 2016-68-B to North Texas Contracting, Inc., related to construction services for the Town Hall Infrastructure Project; and authorizing the Town Manager to execute Change Order Number 01 for same. (HW) Hulon Webb, Executive Director of Development and Community Services, presented this item before the Town Council. Previous plans for the Town Hall Infrastructure Project included the construction of a temporary drainage channel on the property south of First Street and two temporary drainage structures that crossed First Street to convey water to and from that channel. Due to concerns expressed by the owner of the property to the south, as well as a desire to minimize the impact on First Street traffic, Town staff investigated possible alternatives. An option was realized that could re-route the water west before it got to First Street, eliminating the need for the two drainage structures across First Street and the temporary drainage channel. This option would also eliminate the added cost of the temporary work, reduce the cost of the future First Street project’s underground drainage pipe, and eliminate construction-related inconveniences to the motorists along First Street. The proposed change order is for the first phase of installation of the drainage system from the Town Hall site, through the alley behind the homes on the north side of First Street, south on McKinley and stopping at First Street. The second phase of the installation is pending final acquisition of the necessary drainage easement along the north side of First Street on the Coserv property that will extend the underground drainage system to the BNSF Railroad. Councilmember Dugger made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to approve Change Order Number 01 for Bid No. 2016-68-B to North Texas Contracting, Inc., related to construction services for the Town Hall Infrastructure Project; and authorize the Town Manager to execute Change Order Number 01 for same. The motion was approved by a vote of 6-0. 11. Discussion on proposed amendment to the Sign Ordinance regarding banner signs. (JW) Development Services Director John Webb presented this item before the Town Council. At the May 23, 2017, Town Council meeting, staff was asked to develop a proposed amendment to the Sign Ordinance to allow larger banner signs for big box retail centers. This is in response to a request by Kroger to allow a larger “Now Hiring” banner sign at the new store on US 380, east of Gee Road. The current Sign Ordinance limits banner signs to a maximum of 48 sq. ft. Mr. Webb reviewed the sign standards of comparison cities related to banner signs. After discussion, Town staff was directed to take no action on the current banner sign requirements. Item 4a Page 7 of 8 12. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 12a. Section 551.087 – To discuss and consider economic development incentives. 12b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. The Town Council recessed into Executive Session at 7:20 p.m. 13. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 7:39 p.m. No action was taken as a result of Executive Session. 14. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.  Discussion on Homestead Exemption. (KN) Finance Director Kelly Neal presented information on a proposed increase to the Town’s Homestead Exemption. Town staff was directed to bring an ordinance back to the June 27, 2017, Town Council meeting for consideration.  Discussion on Collin County Bond Election Resolution. (HJ) Town Manager Harlan Jefferson updated the Town Council on the proposed Collin County bond election. Collin County Judge Keith Self has proposed delaying the election until 2018, as the County Commissioners have not yet reached consensus on the issue. Town staff was directed to bring this issue back for further discussion at the July 27, 2017, Town Council meeting.  Discussion on Temporary Buildings. (JW) Prosper ISD has submitted a request to allow temporary buildings at multiple school campuses. Under the Town’s current Zoning Ordinance, temporary buildings are only allowed to remain for three years with a one-year extension. Development Services Director John Webb recommended amending the Zoning Ordinance to exempt public school districts from this time limitation. A proposed amendment to the Zoning Ordinance will be brought for Council consideration at a future meeting.  Discussion on Health Inspections and the Texas Food Establishment Rules. (JW) Item 4a Page 8 of 8 Development Services Director John Webb notified the Council that due to the increased number of restaurants in Town, which will result in an increased demand for health inspections, Town staff will propose the addition of a new staff member to perform required health inspections. This service is currently provided by an outside vendor. Town staff will also work on updating the Town’s health code ordinance regarding food establishments. A proposed ordinance will be brought for Council consideration at a future meeting.  Discussion on Council Subcommittees. (RB) Town Secretary Robyn Battle reviewed the current Council Subcommittees and their membership. Council determined that Councilmember Miller and Councilmember Dugger will continue to serve on the Technology/VERF Subcommittee; Mayor Smith and Mayor Pro-Tem Vogelsang will continue to serve on the Finance Subcommittee; Mayor Pro-Tem Vogelsang, Deputy Mayor Pro-Tem Dixon, and Councilmember Hodges will serve on the Benefits Subcommittee; and Mayor Smith, Deputy Mayor Pro-Tem Dixon, and Councilmember Miller will continue to serve on the Executive Development Team. Deputy Mayor Pro-Tem Dixon announced that the Eli Young Band recently recorded a music video in Prosper. Mayor Pro-Tem Vogelsang requested Town staff prepare a presentation for the Council on challenging CIP projects and proposed solutions, including the Public Safety Facility, the proposed traffic light at Custer Road and Prosper Trail, and improvements to FM 1461/Frontier Parkway. An update will be provided at the July 11, 2017, Town Council meeting. The Council also requested an update on the Gateway Monument Sign project. 15. Adjourn. The meeting was adjourned at 8:02 p.m., on Tuesday, June 13, 2017. These minutes approved on the 27th day of June, 2017. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 4a To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 27, 2017 Agenda Item: Consider and act upon approving a renewal to the Bank Depository Services Agreement between Independent Bank and the Town of Prosper; and authorizing the Town Manager to execute same. Description of Agenda Item: On June 25, 2013, the Town Council approved the Bank Depository Services Agreement between Independent Bank and the Town of Prosper. The initial term of the agreement was two years, with three one-year renewal periods, subject to the approval of the Town Council and Independent Bank. On May 12, 2015, the Town Council approved the first renewal period for the Bank Depository Services Agreement between Independent Bank and the Town of Prosper. On January 10, 2017, the Town Council ratified the second renewal period for July 1, 2016, to June 30, 2017. This item is to approve the third and final renewal period from July 1, 2017, to June 30, 2018. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., approved the renewal letter as to form and legality. Attached Documents: 1. Renewal letter Town Staff Recommendation: Town staff recommends approving the renewal to the Bank Depository Services Agreement; and authorizing the Town Manager to execute same. Proposed Motion: I move to approve the renewal of the Bank Depository Services Agreement between Independent Bank and the Town of Prosper; and authorize the Town Manager to execute same. Prosper is a place where everyone matters. FINANCE Item 4b Item 4b 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 – June 27, 2017 Agenda Item: Consider and act upon a resolution of the Town of Prosper, Texas, authorizing the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.359 acres of real property, located at 206 W. First Street, 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. Description of Agenda Item: The Town is in the process of developing engineering plans for the widening of First Street from Dallas North Parkway to Coleman Street. The subject property is needed for the referenced project, and at this point, the Town’s Consultant and the owners have not been able to reach an agreement regarding the purchase of the necessary property. In the event that the necessary property cannot be purchased through negotiations, staff is requesting approval to pursue eminent domain to secure the property. Attached Documents: 1. Resolution Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Resolution as to form and legality. Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.359 acres of real property, located at 206 W. First Street, 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. Proposed Motion: I move that the Town Council authorize the Town Attorney to bring a condemnation action for the purpose of obtaining approximately 0.359 acres of real property, located at 206 W. First Street, 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. Prosper is a place where everyone matters. ENGINEERING Item 4c TOWN OF PROSPER, TEXAS RESOLUTION NO. 17-__ A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, DECLARING THE NECESSITY TO ACQUIRE APPROXIMATELY 0.359 ACRES OF PROPERTY FOR THE FIRST STREET AND TOWN CENTER EXPANSION PROJECT, SAID PROPERTY LOCATED AT 206 W. FIRST STREET, TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DETERMINING THE PUBLIC USE AND NECESSITY FOR SUCH ACQUISITION; AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS NECESSARY FOR SAID PROJECT; APPOINTING AN APPRAISER AND NEGOTIATOR AS NECESSARY; AUTHORIZING THE TOWN MANAGER OF THE TOWN OF PROSPER, TEXAS, TO ESTABLISH JUST COMPENSATION FOR THE PROPERTY RIGHTS TO BE ACQUIRED; AUTHORIZING THE TOWN MANAGER TO TAKE ALL STEPS NECESSARY TO ACQUIRE THE NEEDED PROPERTY RIGHTS IN COMPLIANCE WITH ALL APPLICABLE LAWS AND RESOLUTIONS; AND AUTHORIZING THE TOWN ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS TO ACQUIRE THE PROPERTY IF PURCHASE NEGOTIATIONS ARE NOT SUCCESSFUL. WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”), has determined that approximately 0.359 acres of land located at 206 W. First Street, Town of Prosper, Collin County, Texas (the “Property”), and more particularly described in Exhibit A, which is attached hereto and incorporated herein for all purposes, is appropriate for use for the First Street and Town Center Expansion Project (collectively “Project”), and that there exists a public necessity to acquire the Property for the construction of the Project, which is a public use; and WHEREAS, the Town Council desires to acquire the Property for this governmental and public use in conjunction with the Town of Prosper’s construction of a roadway and the Town Center; and WHEREAS, the Town Council desires that the Town Manager, or his designee, take all necessary steps to acquire the Property for the Project including, but not limited to, the retention of appraisers, engineers, and other consultants and experts, and that the Town Attorney, or his designee, negotiate the purchase of the Property for the Project, and if unsuccessful in purchasing the Property for the Project, to institute condemnation proceedings to acquire these required property interests. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, Texas, and they are hereby approved and incorporated into the body of this Resolution as if copied in their entirety. SECTION 2 The Town Council hereby finds and determines that a public use and necessity exists for the Town of Prosper, Texas, to acquire the Property for the Project. Item 4c Resolution No. 17-__, Page 2 SECTION 3 The Town Manager, or his designee, is authorized and directed to negotiate for and to acquire the Property for the Project, for the Town of Prosper, Texas, and to acquire said rights in compliance with State and Federal law. The Town Manager is specifically authorized and directed to do each and every act necessary to acquire the Property for the Project including, but not limited to, the authority to negotiate, give notices, make written offers to purchase, prepare contracts, to retain and designate a qualified appraiser of the property interests to be acquired, as well as any other experts or consultants that he deems necessary for the acquisition process and, if necessary, to institute proceedings in eminent domain. SECTION 4 The Town Manager, or any individual he may so designate, is appointed as negotiator for the acquisition of the Property for the Project, and, as such, the Town Manager is authorized and directed to do each and every act and deed hereinabove specified or authorized by reference, subject to the availability of funds appropriated by the Town Council for such purpose. The Town Manager is specifically authorized to establish the just compensation for the acquisition of the Property. If the Town Manager or his designee determines that an agreement as to damages or compensation cannot be reached, then the Town Attorney or his designee is hereby authorized and directed to file or cause to be filed, against the owners and interested parties of the needed property interests, proceedings in eminent domain to acquire the Property for the Project. SECTION 5 This Resolution is effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THIS 27TH DAY OF JUNE, 2017. ___________________________________ Ray Smith, Mayor ATTEST: _________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _________________________________ Terrence S. Welch, Town Attorney Item 4c Resolution No. 17-__, Page 3 Item 4c Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 27, 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 June 20, 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.Site Plan for Artesia Metering Station Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Artesia Metering Station Site Plan Northeast corner of Fishtrap Road and FM 1385 N/A Utility Distribution / Transmission Facility N/A 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 4d THESE PLANS HAVE BEEN LOCATED FROM REFERENCE INFORMATION AND AS-BUILT PLANS. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY HORIZONTAL AND VERTICAL LOCATION OF ALL EXISTING UTILITIES PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL TAKE NECESSARY PRECAUTIONS TO PROTECT ALL EXISTING UTILITIES AND WILL BE RESPONSIBLE FOR ANY DAMAGE TO SAID UTILITIES. THE CONTRACTOR SHALL NOTIFY ALL UTILITY COMPANIES PRIOR TO CONSTRUCTION. EXISTING UTILITIES AND UNDERGROUND FACILITIES OF CAUTION: DRAWN BY: DATE: PROJECT NO.SHEET Graham Associates,Inc. CONSULTING ENGINEERS & PLANNERS 600 SIX FLAGS DRIVE, SUITE 500 ARLINGTON, TEXAS 76011 (817) 640-8535 TBPE FIRM: F-1191/TBPLS FIRM: 101538-00 SHEET OF GAI 950-1010 5/9/2017 1 DENTON COUNTY FRESH WATER SUPPLY DISTRICT No 10 DENTON COUNTY, TEXAS 1 1 SITE PLAN ARTESIA METER STATION ARTESIA WATER CONNECTION TO 24" WATER LINE & METER STATION Ordinance No. 17-46, Page 5 Item 4d Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 27, 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 regarding the permitted use of restaurants with drive-through service, the definition of restaurants, and the definition of automobile sales, service, and leasing. (Z17-0006). Background/Description of Agenda Item: This is a Town-initiated request to amend the Zoning Ordinance regarding auto sales and restaurants with drive-through services. 1.Auto sales: While the Use Chart in the Zoning Ordinance differentiates between auto sales where the primary use is the sales or leasing of new vehicles vs. auto sales where the primary use is the sales of used vehicles, there are Planned Development Districts that permit auto sales but do not differentiate between new or uses sales. Staff recommends adding a new definition for automobile sales, service and leasing to ensure this use is limited to the sale, leasing or rental of new vehicles as the primary use and the sale of used vehicles is an incidental use. 2.The Zoning Ordinance permits restaurants with drive-through service by right in the Retail, Commercial, and Commercial Corridor zoning districts. Therefore, an unlimited number of these uses can locate along the Town’s commercial corridors such as Preston Road, US 380 and the Dallas North Tollway. In order to provide the Commission and Town Council with the ability to review the appropriateness of this use on a case-by-case basis, staff recommends requiring restaurants with drive-through service to be permitted upon approval of a Specific Use Permit. This amendment will also allow staff more discretion in working with the applicant on the design of the stacking lanes. Specific Recommended Amendments: 1.Add a new definition of Section 2.2 of Chapter 3 of the Zoning Ordinance to read, Prosper is a place where everyone matters. PLANNING Item 6 Page 2 of 2 “Automobile Sales, Service, and Leasing - the sale, rental or leasing of new automobiles or light load vehicles, and includes as incidental uses (i) automobile or light load vehicle used sales and (ii) on-site automobile repair services related to the sale, rental or leasing of new automobiles or light load vehicles.” 2. Amend the Conditional Development Standards for a “Restaurant” in Section 1.4 (26)(b) of Chapter 3 of the Zoning Ordinance to read (new text in “red”), “Restaurants with drive-through service are only permitted in the R, C, and CC Zoning Districts upon approval of a Specific Use Permit.” 3. Amend the definition of “Restaurant” in Section 2.2 of Chapter 3 of the Zoning Ordinance to read (new text in “red”; deleted text - strikethrough), “Restaurant – An establishment where food and drink are prepared and consumed primarily on the premise. Drive-up windows are Drive-through service is permitted in accordance with the Conditional Development Standards. Legal Obligations and Review: Notification was provided in the newspaper in accordance with the Zoning Ordinance and state law. To date, Town staff has not received any correspondence. Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality Attached Document: 1. Ordinance Planning & Zoning Commission Recommendation: At their June 20, 2017, meeting, the Planning & Zoning Commission recommended the Town Council approve the recommended amendments to the Zoning Ordinance as presented by a vote of 4-0. Town Staff Recommendation: Staff recommends the Town Council approve the recommended amendments to the Zoning Ordinance as submitted. Proposed Motion: I move to approve the proposed amendments to Chapter 3, Permitted Uses and Definitions of the Zoning Ordinance regarding the permitted use of restaurants with drive-through service, the definition of restaurants, and the definition of automobile sales, service and leasing. Item 6 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING THE TOWN’S ZONING ORDINANCE, BY REPEALING EXISTING SUBSECTION 1.4(26), “RESTAURANTS,” OF SUBSECTION 1.4, “CONDITIONAL DEVELOPMENT STANDARD S,” OF SECTION 1, “USE OF LAND AND BUILDINGS,” OF CHAPTER 3, “PERMITTED USES,” AND REPLACING IT WITH A NEW SUBSECTION 1.4(26), “RESTAURANTS,” OF SUBSECTION 1.4, “CONDITIONAL DEVELOPMENT STANDARDS,” OF SECTION 1, “USE OF LAND AND BUILDINGS,” OF CHAPTER 3, “PERMITTED USES”; AMENDING EXISTING SUBSECTION 2.2 OF SECTION 2, “DEFINITIONS,” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS” BY ADDING A NEW DEFINTION, “AUTOMOBILE SALES, SERVICE AND LEASING”; AMENDING EXISTING SUBSECTION 2.2 OF SECTION 2, “DEFINITIONS,” OF CHAPTER 3, “PERMITTED USES AND DEFINITIONS,” BY AMENDING THE DEFINITION OF “RESTAURANT”; PROVIDING FOR A PENALTY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, after public notice and public hearing as required by law, the Planning and Zoning Commission of the Town of Prosper, Texas, has recommended amending the Town’s Zoning Ordinance to encompass those amendments as set forth herein; and WHEREAS, after public notice and public hearing as required by law, and upon due deliberation and consideration of the recommendation of said Planning and Zoning Commission and of all testimony and information submitted during said public hearing, the Town Council of the Town of Prosper, Texas, has determined that it is in the public’s best interest and in furtherance of the health, safety, morals, and general welfare of the citizens of the Town to amend the Town’s Zoning Ordinance as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 All of the above premises are hereby found to be true and correct legislative and factual findings of the Town of Prosper, and they are hereby approved and incorporated into the body of this Ordinance as if restated herein in their entirety. SECTION 2 From and after the effective date of this Ordinance, existing Subsection 1.4(26), “Restaurants,” 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, as amended, is hereby repealed in its entirety and replaced with a new Subsection 1.4(26), “Restaurants,” of Subsection 1.4, “Conditional Development Standards,” of Section 1, “Use of Land and Buildings,” of Chapter 3, “Permitted Uses and Definitions,” to read as follows: Item 6 Ordinance No. 17-___, Page 2 “1.4 Conditional Development Standards * * * 26. Restaurant a) A Restaurant is permitted by Specific Use Permit in the NS Zoning District and is permitted by right in the O, DTO, DTR, R, DTC, C, and CC Zoning Districts subject. b) Restaurants with drive-through service are only permitted in the R, C, and CC Zoning Districts upon approval of a Specific Use Permit. c) The distance requirement from any residential zoning district as established in Section 9.11 of Chapter 4 applies to restaurants with drive- through service. d) Restaurants that sell Alcoholic Beverages for on-premise consumption shall be subject to compliance with the Texas Alcoholic Beverage Code, as amended, and any applicable local option elections. e) 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. f) A Restaurant that sells Alcoholic Beverages for on-premise consumption shall not be located within the following: 1. Three hundred feet (300’) from a church, public hospital, public school and/or private school. However, Alcoholic Beverage Sales may be located within three hundred feet (300’) of a private school if the holder of a license or permit holds a food and beverage certificate covering a premise that is located within three hundred feet (300’) of a private school; or 2. 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 such additional spacing requirements by resolution. Measurement for the distance between a Restaurant where Alcoholic Beverages for on- premise consumption are sold and a church or public hospital shall be along the property lines of the street fronts, from front door to front door, and in a direct line across intersections. g) Measurement for the distance between a Restaurant where Alcoholic Beverages for on-premise consumption are sold and a public and/or private school shall be: 1. In a direct line from the Property Line of the public and/or private school to the Property Line of the place of business, and in a direct line across intersections; or 2. If the Restaurant that sells Alcoholic Beverages for on-premise consumption is located on or above the fifth (5th) story of a multistory building, in a direct line from the Property Line of the public and/or private school to the Property Line of the place of business, in a direct Item 6 Ordinance No. 17-___, Page 3 line across intersections, and vertically up the building at the Property Line to the base of the floor on which the Restaurant is located. h) If a Restaurant receives seventy-five percent (75%) or more of its gross revenue on a quarterly basis from the sale or service of Alcoholic Beverages for on-premise consumption, the use will no longer qualify as a Restaurant and will be classified and regulated by the Town as an Alcoholic Beverage Establishment under the Zoning Ordinance. i) There shall be no variances considered with regard to the regulations set forth herein.” SECTION 3 From and after the effective date of this Ordinance, Subsection 2.2 of Section 2, “Definitions,” of Chapter 3, “Permitted Uses and Definitions,” of the Town’s Zoning Ordinance, as amended, is hereby amended to add a new definition, “Automobile Sales, Service,” to read as follows: “2.2 * * * Automobile Sales, Service, and Leasing - The sale, rental or leasing of new automobiles or light load vehicles, and includes as incidental uses (i) automobile or light load vehicle used sales and (ii) on-site automobile repair services related to the sale, rental or leasing of new automobiles or light load vehicles.” SECTION 4 From and after the effective date of this Ordinance, the definition of “Restaurant,” contained in existing Subsection 2.2 of Section 2, “Definitions,” of Chapter 3, “Permitted Uses and Definitions,” of the Town’s Zoning Ordinance, as amended, is hereby amended in its entirety to read as follows: “2.2 * * * Restaurant - An establishment where food and drink are prepared and consumed primarily on the premise. Drive-through service is permitted in accordance with the Conditional Development Standards.” SECTION 5 Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Item 6 Ordinance No. 17-___, Page 4 SECTION 6 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict, and any remaining portions of said ordinances shall remain in full force and effect. SECTION 7 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense. SECTION 8 This Ordinance shall become effective from and after its adoption and publication as required by law; however, the provisions of this Ordinance shall not be applicable to any residential development or tract of land for which one or more final plats has been approved by the Town as of the effective date of this Ordinance. DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF JUNE, 2017. ___________________________________ Ray Smith, Mayor ATTEST: ____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ____________________________________ Terrence S. Welch, Town Attorney Item 6 Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 27, 2017 Agenda Item: Consider all matters incident and related to the issuance and sale of Town of Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2017, including the adoption of an ordinance authorizing the issuance of such certificates of obligation and approving all other matters incident thereto. Description of Agenda Item: On May 9, 2017, the Town Council approved a resolution directing staff to publish notice of the Town’s intent to issue Town of Prosper Combination Tax and Surplus Revenue Certificates of Obligation. Proceeds from the sale of the Certificates will be used to fund: • constructing and equipping of a multi-purpose municipal facility to serve s Town Hall and for other municipal services; • constructing, improving, extending, expanding, upgrading and developing parks and recreation facilities including fields, trails, utility relocation, landscaping, sidewalks, and operational improvements, installation of lighting, the purchase of any necessary rights- of-way, drainage and other related costs; • constructing, improving, extending, expanding, upgrading, and developing storm drainage utility projects including utility relocation, landscaping, sidewalks, traffic safety and operation improvements, the purchase of any necessary easements, and the related costs; • paying the costs associated with the issuance of the Certificates; and • paying legal, fiscal, engineering and architectural fees in connection with these projects. Budget Impact: If the Certificates of Obligation are approved, debt service payments would be funded from the Debt Service Fund and Drainage Fund. As shown in Attachment 1, FirstSouthwest Proposed Capital Improvement Plan and Series 2017 Issuances, it is anticipated that the increase in Assessed Value would offset the additional debt service. The projected financing results target an I&S rate of $0.1524 and 1.62 times of projected revenue coverage. Legal Obligations and Review: Dan Culver, with McCall, Parkhurst & Horton L.L.P., serves as the Town’s Bond Counsel and prepared the attached ordinance. Attached Documents: 1. FirstSouthwest Proposed Capital Improvement Plan and Series 2017 Issuances 2. FirstSouthwest Proposed Drainage Projects for Series 2017 Issuances Prosper is a place where everyone matters. FINANCE Item 7 Page 2 of 2 3. Ordinance Town Staff Recommendation: Staff recommends adoption of an ordinance authorizing the issuance and sale of Town of Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2017, and approving all other matters related thereto. Proposed Motion: I move to adopt an ordinance authorizing the issuance and sale of Town of Prosper, Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2017, and approve all other matters related thereto. Item 7 Town of Prosper Projected Debt to TAV Tied to Five Year Capital Plan (as of 5.12.2017) Taxable Tax-Backed Total Assessed Tax-Backed Revenue-Backed Total Debt to Debt to FYE Valuation (1)Debt (2)Debt (3)Debt TAV TAV 2017 2,546,143,721$55,186,400$30,233,600$85,420,000$2.17%3.35% 2018 2,896,143,721 62,037,300 45,397,700 107,435,000 2.14%3.71% 2019 3,146,143,721 70,505,500 78,434,500 148,940,000 2.24%4.73% 2020 3,346,143,721 69,393,900 84,381,100 153,775,000 2.07%4.60% 2021 3,513,450,907 66,719,700 80,475,300 147,195,000 1.90%4.19% 2022 3,689,123,452 67,794,400 76,290,600 144,085,000 1.84%3.91% 2023 3,873,579,625 64,710,200 72,034,800 136,745,000 1.67%3.53% 2024 4,067,258,606 61,179,500 67,565,500 128,745,000 1.50%3.17% 2025 4,270,621,537 57,167,800 63,372,200 120,540,000 1.34%2.82% 2026 4,313,327,752 52,903,500 58,986,500 111,890,000 1.23%2.59% 2027 4,356,461,029 48,436,000 54,859,000 103,295,000 1.11%2.37% 2028 4,400,025,640 43,763,000 50,542,000 94,305,000 0.99%2.14% 2029 4,444,025,896 38,890,000 46,020,000 84,910,000 0.88%1.91% 2030 4,488,466,155 34,590,000 41,385,000 75,975,000 0.77%1.69% 2031 4,533,350,817 30,105,000 36,535,000 66,640,000 0.66%1.47% 2032 4,578,684,325 25,420,000 31,450,000 56,870,000 0.56%1.24% 2033 4,624,471,168 20,815,000 26,490,000 47,305,000 0.45%1.02% 2034 4,670,715,880 16,295,000 21,680,000 37,975,000 0.35%0.81% 2035 4,717,423,039 11,645,000 17,555,000 29,200,000 0.25%0.62% 2036 4,764,597,269 7,730,000 13,230,000 20,960,000 0.16%0.44% 2037 4,812,243,242 4,740,000 8,770,000 13,510,000 0.10%0.28% 2038 4,860,365,674 2,470,000 4,165,000 6,635,000 0.05%0.14% 2039 4,908,969,331 1,080,000 730,000 1,810,000 0.02%0.04% 2040 4,958,059,024 665,000 -665,000 0.01%0.01% 2041 5,007,639,614 340,000 -340,000 0.01%0.01% 2042 5,057,716,010 ---0.00%0.00% (2) Debt assumed to be repaid solely with I&S tax revenues. Repayment source may be changed from year to year. (3) Debt assumed to be repaid solely with water, sewer and drainage net revenues. Repayment source may be changed from year to year. (1) FY 2017 based on certified values per Denton CAD and Collin CAD websites. Assumes $350 million in annual growth for FY 2018, $250 million in annual growth for FY 2019, $200 million annual growth in FY 2020, 5% in FY's 2021-2025 and 1% thereafter. Projected Principal Outstanding at Fiscal Year End Item 7 Town of Prosper Projected Tax-Backed Debt Service Tied to Five Year Capital Plan (as of 5.12.2017) Series Series Series Series Series Series LESS:% of Taxable Outstanding 2017 2018 2019 2020 2021 2022 LESS:Effect of Combined Overall Assessed Tax-Backed $11.56mm $9.13mm $10.67mm $1.30mm $0.0mm $3.88mm Use of Fund Freeze Net I&S Tax $0.52 Total FYE Valuation (1)Debt Service (2)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Balances Revenue (4)Total P+I Rate (5)Tax Rate 2017 2,546,143,721$4,161,809$-$282,323$3,879,486$0.1525$29.3% 2018 2,896,143,721 3,708,844 917,910$-279,716 4,347,038 0.1524 29.3% 2019 3,146,143,721 3,505,545 764,400 730,583$-278,290 4,722,237 0.1524 29.3% 2020 3,346,143,721 3,630,510 854,500 453,500 585,813$222,000 277,448 5,024,874 0.1525 29.3% 2021 3,513,450,907 3,789,145 852,200 453,500 540,750 77,292$160,000 276,723 5,276,163 0.1525 29.3% 2022 3,689,123,452 3,881,390 854,200 453,500 540,750 85,750 -276,014 5,539,576 0.1524 29.3% 2023 3,873,579,625 3,913,828 855,400 453,500 540,750 114,000 215,042$-275,388 5,817,131 0.1525 29.3% 2024 4,067,258,606 3,913,236 850,900 453,500 847,875 116,375 198,500 -274,667 6,105,720 0.1524 29.3% 2025 4,270,621,537 3,624,508 855,600 819,125 929,625 108,750 349,625 -274,168 6,413,065 0.1525 29.3% 2026 4,313,327,752 4,083,326 854,400 678,500 835,750 111,125 190,750 -274,157 6,479,694 0.1525 29.3% 2027 4,356,461,029 3,585,906 852,400 861,000 1,018,625 108,375 332,125 -271,627 6,486,804 0.1512 29.1% 2028 4,400,025,640 3,577,350 854,500 858,000 1,020,625 110,500 334,625 -268,825 6,486,775 0.1497 28.8% 2029 4,444,025,896 3,582,788 850,700 844,250 1,021,125 107,500 331,750 -265,474 6,472,638 0.1479 28.4% 2030 4,488,466,155 2,656,600 851,000 971,375 1,020,125 109,375 353,000 -232,550 5,728,925 0.1296 24.9% 2031 4,533,350,817 2,649,119 855,200 973,750 1,017,625 111,000 348,375 -230,000 5,725,068 0.1282 24.7% 2032 4,578,684,325 2,653,094 853,300 969,500 1,018,500 107,500 353,250 -227,726 5,727,418 0.1270 24.4% 2033 4,624,471,168 2,363,025 855,300 973,500 1,017,625 108,875 352,500 -214,706 5,456,119 0.1198 23.0% 2034 4,670,715,880 2,076,563 851,200 970,625 1,019,875 110,000 351,250 -201,660 5,177,852 0.1125 21.6% 2035 4,717,423,039 2,005,700 851,000 970,875 1,020,125 110,875 349,500 -197,012 5,111,063 0.1100 21.2% 2036 4,764,597,269 1,076,100 854,500 974,000 1,018,375 106,625 352,125 -161,020 4,220,705 0.0899 17.3% 2037 4,812,243,242 851,700 970,000 1,019,500 107,250 349,125 -119,980 3,177,595 0.0670 12.9% 2038 4,860,365,674 973,750 1,018,375 107,625 350,500 -88,268 2,361,982 0.0493 9.5% 2039 4,908,969,331 1,019,875 107,750 351,125 -52,743 1,426,007 0.0295 5.7% 2040 4,958,059,024 107,625 351,000 -16,196 442,429 0.0091 1.7% 2041 5,007,639,614 350,125 -12,242 337,883 0.0069 1.3% 2042 5,057,716,010 348,500 -12,064 336,436 0.0068 1.3% 64,438,383$17,040,310$15,806,333$18,071,688$2,134,167$-$6,512,792$382,000$5,340,990$118,280,682$ (2) Debt service assumed to be repaid solely with I&S tax revenues. Repayment source may be changed from year to year. (3) Debt service assumed to be repaid solely with I&S tax revenues. Based on projected rates; preliminary, subject to change. (4) Estimated. Based on assumed total frozen revenues of $896,810 and projected pro rata I&S tax rate share of a combined tax rate of $0.52; preliminary, subject to change. (5) FY 2017 I&S tax rate is actual. All others calculated based on 98.5% collections. (1) FY 2017 based on certified values per Denton CAD and Collin CAD websites. Assumes $350 million in annual growth for FY 2018, $250 million in annual growth for FY 2019, $200 million annual growth in FY 2020, 5% in FY's 2021-2025 and 1% thereafter. Item 7 Town of Prosper Projected Water, Sewer and Drainage Revenue-Backed Debt Service Tied to Five Year Capital Plan (as of 5.12.2017) Series Series Series Series Series Series Add. Rev. FYE 2016 Outstanding 2017 2018 2019 2020 2021 2022 LESS:Combined Needed Net Revenues Revenue-Backed $1.08mm $16.97mm $34.89mm $9.20mm $0.0mm $0.0mm Use of Fund Net Projected for 1.25x FYE Avail. for D/S (1)Debt Service (2)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Balances Total P+I Coverage (4)Coverage 2017 5,239,043$3,148,501$-$3,148,501$1.66x --- 2018 5,239,043 3,151,644 80,290$-3,231,934 1.62x --- 2019 5,239,043 2,965,768 81,600 1,375,000$-4,422,368 1.18x 288,917 2020 5,239,043 2,932,078 80,000 1,373,375 2,806,646$-7,192,099 0.73x 3,751,081 2021 5,239,043 2,917,768 78,400 1,370,500 2,808,625 746,167$-7,921,459 0.66x 4,662,781 2022 5,239,043 2,931,023 81,700 1,371,250 2,806,500 745,625 -7,936,098 0.66x 4,681,079 2023 5,239,043 2,812,835 79,900 1,370,500 2,806,500 745,500 -7,815,235 0.67x 4,530,001 2024 5,239,043 2,824,833 78,100 1,373,125 2,808,375 744,625 -7,829,058 0.67x 4,547,279 2025 5,239,043 2,330,536 81,200 1,374,000 2,807,000 747,875 -7,340,611 0.71x 3,936,721 2026 5,239,043 2,329,661 79,200 1,373,125 2,807,250 745,250 -7,334,486 0.71x 3,929,065 2027 5,239,043 1,876,631 77,200 1,375,375 2,804,000 746,750 -6,879,956 0.76x 3,360,902 2028 5,239,043 1,870,319 80,100 1,370,750 2,807,000 747,250 -6,875,419 0.76x 3,355,230 2029 5,239,043 1,872,444 77,900 1,374,125 2,806,000 746,750 -6,877,219 0.76x 3,357,480 2030 5,239,043 1,772,869 80,600 1,375,250 2,805,875 745,250 -6,779,844 0.77x 3,235,762 2031 5,239,043 1,767,419 78,200 1,374,125 2,806,375 747,625 -6,773,744 0.77x 3,228,137 2032 5,239,043 1,769,594 80,700 1,370,750 2,807,250 748,750 -6,777,044 0.77x 3,232,262 2033 5,239,043 1,405,075 78,100 1,374,875 2,808,250 748,625 -6,414,925 0.82x 2,779,613 2034 5,239,043 1,019,288 80,400 1,371,375 2,804,250 747,250 -6,022,563 0.87x 2,289,160 2035 5,239,043 95,400 77,600 1,375,125 2,805,000 749,500 -5,102,625 1.03x 1,139,238 2036 5,239,043 91,800 79,700 1,371,000 2,805,125 745,375 -5,093,000 1.03x 1,127,207 2037 5,239,043 81,600 1,373,875 2,809,250 744,875 -5,009,600 1.05x 1,022,957 2038 5,239,043 1,373,500 2,807,125 747,750 -4,928,375 1.06x 921,426 2039 5,239,043 2,808,500 748,875 -3,557,375 1.47x --- 2040 5,239,043 748,250 -748,250 7.00x --- 2041 5,239,043 --0.00x --- 2042 5,239,043 --0.00x --- 41,885,483$1,592,490$27,461,000$56,134,896$14,937,917$-$-$-$142,011,785$ (1) Based on FYE 2016 Net Revenues Available for Debt Service from the Water and Sewer Fund and the Stormwater Drainage Fund. (2) Debt service assumed to be repaid solely with water, sewer and drainage net revenues. Repayment source may be changed from year to year. (3) Debt service assumed to be repaid solely with water, sewer and drainage net revenues. Based on projected rates; preliminary, subject to change. (4) Projected coverage based on FY 2016 Net Revenues Available for Debt Service. For illustrative purposes only. Item 7 ORDINANCE NO. 17-__ OF THE TOWN OF PROSPER, TEXAS AUTHORIZING THE ISSUANCE OF TOWN OF PROSPER, TEXAS COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2017 Item 7 TABLE OF CONTENTS Section 1. Recitals, Amount and Purpose of the Certificates ............................1 Section 2. Designation, Date, Denominations, Numbers, Maturities of Certificates and Interest Rates..................................................................2 Section 3. Characteristics of the Certificates ........................................3 Section 4. Form of Certificates...................................................6 Section 5. Interest and Sinking Fund .............................................13 Section 6. Surplus Revenues....................................................13 Section 7. Defeasance of Certificates.............................................14 Section 8. Damaged, Mutilated, Lost, Stolen, or Destroyed Certificates ..................15 Section 9. Custody, Approval, and Registration of Certificates; Bond Counsel's Opinion and Engagement; Attorney General Filing Fee; CUSIP Numbers; Other Procedures and Agreements ........................................................16 Section 10. Covenants Regarding Tax Exemption of Interest on the Certificates ...........17 Section 11. Sale of Certificates; Approval of Official Statement; Application of Proceeds ...19 Section 12. Allocation of Certificate Proceeds ......................................20 Section 13. Disposition of Project................................................20 Section 14. Interest Earnings on Certificate Proceeds; Appropriation ....................20 Section 15. Construction Fund ..................................................20 Section 16. Compliance with Rule 15c2-12 ........................................21 Section 17. Method of Amendment ..............................................24 Section 18. Continued Perfection of Security Interest ................................25 Section 19. Inconsistent Provisions ..............................................25 Section 20. Governing Law ....................................................26 Section 21. Severability .......................................................26 i Item 7 Section 22. Events of Default ...................................................26 Section 23. Remedies for Default ................................................26 Section 24. Remedies Not Exclusive .............................................26 Section 25. Effective Date .....................................................27 ii Item 7 ORDINANCE NO. 17-__ AUTHORIZING THE ISSUANCE AND SALE OF TOWN OF PROSPER, TEXAS COMBINATION TAX AND SURPLUS REVENUE CERTIFICATES OF OBLIGATION, SERIES 2017; LEVYING AN ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID CERTIFICATES AND PROVIDING OTHER SECURITY; APPROVING AN OFFICIAL STATEMENT AND A PAYING AGENT/REGISTRAR AGREEMENT; ENGAGING BOND COUNSEL; AND ENACTING OTHER PROVISIONS RELATING TO THE SUBJECT THE STATE OF TEXAS § COLLIN AND DENTON COUNTIES § TOWN OF PROSPER § WHEREAS, the Town Council of the Town of Prosper, Texas (the "Issuer") deems it advisable to issue Certificates of Obligation in the principal amount of [12,800,000] for paying all or a portion of the Town's contractual obligations incurred in connection with (i) the construction and equipment of a multi-purpose municipal facility to serve as Town Hall and for other municipal services, (ii) constructing, improving, extending, expanding, upgrading and developing parks and recreation facilities including fields, trails, utility relocation, landscaping, sidewalks and operational improvements, installation of lighting, the purchase of any necessary rights-of-way, drainage and other related costs, (iii) constructing, improving, extending, expanding, upgrading and developing storm drainage utility projects, including utility relocation, landscaping, sidewalks, traffic safety and operation improvements, the purchase of any necessary easements, and the related costs, and (iv) paying legal, fiscal, engineering and architectural fees in connection with these projects; and WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be issued and delivered for cash pursuant to Subchapter C of Chapter 271, Local Government Code, as amended, and Chapter 1502, Government Code, as amended; and WHEREAS, the Town Council has heretofore passed a resolution authorizing and directing the Town Secretary to give notice of intention to issue Certificates of Obligation; and WHEREAS, said notice has been duly published in a newspaper of general circulation in the Issuer, said newspaper being a "newspaper" as defined in §2051.044, Texas Government Code; and WHEREAS, to the time of adoption of this Ordinance, the Issuer received no petition from the qualified electors of the Issuer protesting the issuance of such Certificates of Obligation; and WHEREAS, it is considered to be to the best interest of the Issuer that said interest bearing Certificates of Obligation be issued. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER: Section 1. RECITALS, AMOUNT AND PURPOSE OF THE CERTIFICATES. The recitals set forth in the preamble hereof are incorporated herein and shall have the same force and effect as if set forth in this Section. The certificates of the Issuer are hereby authorized to be issued Item 7 and delivered in the aggregate principal amount of [12,800,000] for paying all or a portion of the Town's contractual obligations incurred in connection with (i) the construction and equipment of a multi-purpose municipal facility to serve as Town Hall and for other municipal services, (ii) constructing, improving, extending, expanding, upgrading and developing parks and recreation facilities including fields, trails, utility relocation, landscaping, sidewalks and operational improvements, installation of lighting, the purchase of any necessary rights-of-way, drainage and other related costs, (iii) constructing, improving, extending, expanding, upgrading and developing storm drainage utility projects, including utility relocation, landscaping, sidewalks, traffic safety and operation improvements, the purchase of any necessary easements, and the related costs, and (iv) paying legal, fiscal, engineering and architectural fees in connection with these projects (collectively, the "Project"). Section 2. DESIGNATION, DATE, DENOMINATIONS, NUMBERS, MATURITIES OF CERTIFICATES AND INTEREST RATES. Each certificate issued pursuant to this Ordinance shall be designated: "TOWN OF PROSPER, TEXAS, COMBINATION TAX AND SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 2017", and initially there shall be issued, sold, and delivered hereunder one fully registered certificate, without interest coupons, dated June 15, 2017, in the principal amount stated above and in the denominations hereinafter stated, numbered T-1, with certificates issued in replacement thereof being in the denominations and principal amounts hereinafter stated and numbered consecutively from R-1 upward, payable to the respective Registered Owners thereof (with the initial certificate being made payable to the initial purchasers as described in Section 11 hereof), or to the registered assignee or assignees of said certificates or any portion or portions thereof (in each case, the "Registered Owner"). The Certificates shall mature on February 15 in the years and in the principal amounts and interest rates set forth below, interest on each Certificate accruing on the basis of a 360-day year of twelve 30-day months from the date of initial delivery of the Certificates to the purchasers thereof or the most recent interest payment date to which interest has been paid or provided for at the per annum rates of interest, payable semiannually on February 15 and August 15 of each year until the principal amount shall have been paid or provision for such payment shall have been made, commencing February 15, 2018, as follows: Year Principal Amount Interest Rate Year Principal Amount Interest Rate 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 Section 3. CHARACTERISTICS OF THE CERTIFICATES. (a) Registration, Transfer, Conversion and Exchange; Authentication. The Issuer shall keep or cause to be kept at the corporate 2 Item 7 trust office of U.S. Bank National Association, Dallas, Texas, the "Paying Agent/Registrar"), books or records for the registration of the transfer, conversion and exchange of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such registrations of transfers, conversions and exchanges under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such registrations, transfers, conversions and exchanges as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such registration, transfer, conversion, exchange and delivery of a substitute Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of Certificates shall be made in the manner provided and with the effect stated in the FORM OF CERTIFICATE set forth in this Ordinance. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. Except as provided in Section 3(c) of this Ordinance, an authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign said Certificate, and no such Certificate shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall cancel all paid Certificates and Certificates surrendered for conversion and exchange. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be printed or typed on paper of customary weight and strength. Pursuant to Chapter 1201, Government Code, and particularly Subchapter D thereof, the duty of conversion and exchange of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of said Certificate, the converted and exchanged Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Certificates that initially were issued and delivered pursuant to this Ordinance, approved by the Attorney General and registered by the Comptroller of Public Accounts. (b) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges of Certificates, and all replacements of Certificates, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, 3 Item 7 and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the past due interest shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each registered owner appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. (c) In General. The Certificates (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities (notice of which shall be given to the Paying Agent/Registrar by the Issuer at least 35 days prior to any such redemption date), (iii) may be converted and exchanged for other Certificates, (iv) may be transferred and assigned, (v) shall have the characteristics, (vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the Certificates shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and the Issuer shall have certain duties and responsibilities with respect to the Certificates, all as provided, and in the manner and to the effect as required or indicated, in the FORM OF CERTIFICATE set forth in this Ordinance. The Certificate initially issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange for any Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall execute the PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE, in the form set forth in the FORM OF CERTIFICATE. (d) Book-Entry Only System. The Certificates issued in exchange for the Certificate initially issued to the initial purchaser specified herein shall be initially issued in the form of a separate single fully registered Certificate for each of the maturities thereof. Upon initial issuance, the ownership of each such Certificate shall be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ("DTC"), and except as provided in subsection (f) hereof, all of the outstanding Certificates shall be registered in the name of Cede & Co., as nominee of DTC. With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation to any securities brokers and dealers, banks, trust companies, clearing corporations and certain other organizations on whose behalf DTC was created ("DTC Participant") to hold securities to facilitate the clearance and settlement of securities transactions among DTC Participants or to any person on behalf of whom such a DTC Participant holds an interest in the Certificates. Without limiting the immediately preceding sentence, the Issuer and the Paying Agent/Registrar shall have no responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to any DTC Participant or any other person, other than a Registered Owner of Certificates, as shown on the Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any DTC Participant or any other person, other than a Registered Owner of Certificates, as shown in the Registration Books of any amount with respect to principal of or interest on the Certificates. 4 Item 7 Notwithstanding any other provision of this Ordinance to the contrary, the Issuer and the Paying Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate is registered in the Registration Books as the absolute owner of such Certificate for the purpose of payment of principal and interest with respect to such Certificate, for the purpose of registering transfers with respect to such Certificate, and for all other purposes whatsoever. The Paying Agent/Registrar shall pay all principal of and interest on the Certificates only to or upon the order of the Registered Owners, as shown in the Registration Books as provided in this Ordinance, or their respective attorneys duly authorized in writing, and all such payments shall be valid and effective to fully satisfy and discharge the Issuer's obligations with respect to payment of principal of and interest on the Certificates to the extent of the sum or sums so paid. No person other than a Registered Owner, as shown in the Registration Books, shall receive a Certificate evidencing the obligation of the Issuer to make payments of principal and interest pursuant to this Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the provisions in this Ordinance with respect to interest checks being mailed to the Registered Owner at the close of business on the Record date, the words "Cede & Co." in this Ordinance shall refer to such new nominee of DTC. (e) Successor Securities Depository; Transfers Outside Book-Entry Only System. In the event that the Issuer determines that DTC is incapable of discharging its responsibilities described herein and in the representations letter of the Issuer to DTC or that it is in the best interest of the beneficial owners of the Certificates that they be able to obtain certificated Certificates, the Issuer shall (i) appoint a successor securities depository, qualified to act as such under Section 17A of the Securities and Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such successor securities depository and transfer one or more separate Certificates to such successor securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of Certificates and transfer one or more separate certificated Certificates to DTC Participants having Certificates credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be registered in the name of the successor securities depository, or its nominee, or in whatever name or names Registered Owners transferring or exchanging Certificates shall designate, in accordance with the provisions of this Ordinance. (f) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of DTC, all payments with respect to principal of and interest on such Certificate and all notices with respect to such Certificate shall be made and given, respectively, in the manner provided in the representations letter of the Issuer to DTC. (g) Cancellation of Initial Certificate. On the closing date, one initial Certificate representing the entire principal amount of the Certificates, payable in stated installments to the purchaser designated in Section 11 or its designee, executed by manual or facsimile signature of the Mayor (or in the absence thereof, by the Mayor Pro-tem) and Town Secretary of the Issuer, approved by the Attorney General of Texas, and registered and manually signed by the Comptroller 5 Item 7 of Public Accounts of the State of Texas, will be delivered to such purchaser or its designee. Upon payment for the initial Certificate, the Paying Agent/Registrar shall cancel the initial Certificate and deliver to the Depository Trust Company on behalf of such purchaser one registered definitive Certificate for each year of maturity of the Certificates, in the aggregate principal amount of all of the Certificates for such maturity. (h) Conditional Notice of Redemption. With respect to any optional redemption of the Certificates, unless certain prerequisites to such redemption required by this Ordinance have been met and moneys sufficient to pay the principal of and premium, if any, and interest on the Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the giving of such notice of redemption, such notice shall state that said redemption may, at the option of the Issuer, be conditional upon the satisfaction of such prerequisites and receipt of such moneys by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given and such prerequisites to the redemption and sufficient moneys are not received, such notice shall be of no force and effect, the Issuer shall not redeem such Certificates and the Paying Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to the effect that the Certificates have not been redeemed. Section 4. FORM OF CERTIFICATES. The form of the Certificates, including the form of Paying Agent/Registrar's Authentication Certificate, the form of Assignment and the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be attached to the Certificates initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows, with such appropriate variations, omissions or insertions as are permitted or required by this Ordinance. (a) [Form of Certificate] NO. R- UNITED STATES OF AMERICA STATE OF TEXAS TOWN OF PROSPER, TEXAS COMBINATION TAX AND SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 2017 PRINCIPAL AMOUNT $ Interest Rate Date of Initial Delivery Maturity Date CUSIP No. July 27, 2017 February 15,____ REGISTERED OWNER: PRINCIPAL AMOUNT: DOLLARS 6 Item 7 ON THE MATURITY DATE specified above, the Town of Prosper, in Collin and Denton Counties, Texas (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on the Maturity Date specified above, the Principal Amount specified above. The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve 30-day months) from the Date of Initial Delivery set forth above at the Interest Rate per annum specified above. Interest is payable on February 15, 2018 and semiannually on each August 15 and February 15 thereafter to the Maturity Date specified above, or the date of redemption prior to maturity; except, if this Certificate is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the corporate trust office of U.S. Bank National Association in Dallas, Texas, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check or draft, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at its address as it appeared on the last day of the month preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk and expense of, the registered owner. In the event of a non-payment of interest on a scheduled payment date, and for 30 days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest (which shall be 15 days after the Special Record Date) shall be sent at least five business days prior to the Special Record Date by United States mail, first-class postage prepaid, to the address of each owner of a Certificate appearing on the Registration Books at the close of business on the last business day next preceding the date of mailing of such notice. 7 Item 7 ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate prior to maturity as provided herein shall be paid to the registered owner upon presentation and surrender of this Certificate for redemption and payment at the corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Certificate that on or before each principal payment date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the corporate trust office of the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day that is not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of a series of Certificates dated June 15, 2017, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of [12,800,000] for paying all or a portion of the Town's contractual obligations incurred in connection with (i) the construction and equipment of a multi-purpose municipal facility to serve as Town Hall and for other municipal services, (ii) constructing, improving, extending, expanding, upgrading and developing parks and recreation facilities including fields, trails, utility relocation, landscaping, sidewalks and operational improvements, installation of lighting, the purchase of any necessary rights-of-way, drainage and other related costs, (iii) constructing, improving, extending, expanding, upgrading and developing storm drainage utility projects, including utility relocation, landscaping, sidewalks, traffic safety and operation improvements, the purchase of any necessary easements, and the related costs, and (iv) paying legal, fiscal, engineering and architectural fees in connection with these projects. THE CERTIFICATES OF THIS SERIES that mature on February 15 in the years _____________ are subject to mandatory redemption prior to maturity in part at random, by lot or other customary method selected by the Paying Agent/Registrar, at par plus accrued interest to the redemption date, and without premium, with funds on deposit in the Interest and Sinking Fund. Such Certificates shall be redeemed by the Paying Agent/Registrar on February 15 in each of the years and in the principal amounts, respectively, as are set forth in the following schedule: Certificates Maturing February 15, 20 Year Principal Amount 8 Item 7 (1) Final maturity of Certificate. The principal amount of the Certificates required to be redeemed pursuant to the operation of such mandatory sinking fund shall be reduced by the principal amount of any Certificates which, at least 45 days prior to the mandatory sinking fund redemption date (i) shall have been purchased by the Issuer and delivered to the Paying Agent/Registrar for cancellation or (ii) redeemed pursuant to the optional redemption provision described below and not theretofore credited against a mandatory sinking fund requirement. IN ADDITION TO THE FOREGOING MANDATORY REDEMPTION, the Certificates of this Series maturing on and after February 15, 2028 may be redeemed prior to their scheduled maturities on any date on or after February 15, 2027 at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a redemption price equal to the principal amount to be redeemed plus accrued interest to the date fixed for redemption. AT LEAST 30 DAYS prior to the date fixed for any redemption of Certificates or portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, at least 30 days prior to the date fixed for any such redemption, to the registered owner of each Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure of the registered owner to receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Certificate. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Certificates or portions thereof that are to be so redeemed. If such written notice of redemption is sent and if due provision for such payment is made, all as provided above, the Certificates or portions thereof that are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds provided for such payment. If a portion of any Certificate shall be redeemed, a substitute Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Certificate Ordinance. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate may, at the request of the registered owner or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the appropriate registered owner, assignee or assignees, as the case may be, having the same denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate 9 Item 7 registered owner, assignee or assignees, as the case may be, upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be registered. The form of Assignment printed or endorsed on this Certificate may be executed by the registered owner to evidence the assignment hereof, but such method is not exclusive, and other instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Certificate or any portion or portions hereof from time to time by the registered owner. The Paying Agent/Registrar's reasonable standard or customary fees and charges for assigning, transferring, converting and exchanging any Certificate or portion thereof will be paid by the Issuer. In any circumstance, any taxes or governmental charges required to be paid with respect thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be required to make any such transfer, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or (ii) with respect to any Certificate or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and validly authorized, issued and delivered; that all acts, conditions and things required or proper to be performed, exist and be done precedent to or in the authorization, issuance and delivery of this Certificate have been performed, existed and been done in accordance with law; that this Certificate is a general obligation of said Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in said Issuer, and have been pledged for such payment, within the limit prescribed by law, and that this Certificate is additionally secured by and payable from a pledge of the revenues of the Issuer's combined Waterworks and Sewer Systems remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve and other requirements in connection with all of the Issuer's revenue obligations (now or hereafter outstanding) that are payable from all or part of said revenues, all as provided in the Certificate Ordinance. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and 10 Item 7 agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual or facsimile signature of the Mayor (or in the absence thereof, by the Mayor Pro-tem) of the Issuer and countersigned with the manual or facsimile signature of the Town Secretary of said Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate. (signature) (signature) Town Secretary Mayor (SEAL) (b) [Form of Paying Agent/Registrar's Authentication Certificate] PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed if this Certificate is not accompanied by an executed Registration Certificate of the Comptroller of Public Accounts of the State of Texas) It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described in the text of this Certificate; and that this Certificate has been issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion of a certificate or certificates of a series that originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. Dated: _______________________________________________ U.S. Bank National Association Dallas, Texas Paying Agent/Registrar By:______________________________ Authorized Representative (c) [Form of Assignment] ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto _______________________________________________________________________________. 11 Item 7 Please insert Social Security or Taxpayer Identification Number of Transferee ______________________________________________________________________________ (Please print or typewrite name and address, including zip code, of Transferee.) ______________________________________________________________________________ the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints ___________________________________________, attorney, to register the transfer of the within Certificate on the books kept for registration thereof, with full power of substitution in the premises. Dated: ___________________________ Signature Guaranteed: NOTICE: Signature(s) must be guaranteed by an eligible guarantor institution participating in a securities transfer association recognized signature guarantee program. NOTICE: The signature above must correspond with the name of the registered owner as it appears upon the front of this Certificate in every particular, without alteration or enlargement or any change whatsoever. (d) [Form of Registration Certificate of the Comptroller of Public Accounts] COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this __________________________________________ Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) (e) [Initial Certificate Insertions] (i) The initial Certificate shall be in the form set forth is paragraph (a) of this Section, except that: A. immediately under the name of the Certificate, the headings "Interest Rate" and "Maturity Date" shall both be completed with the words "As shown below" and "CUSIP No. _____" shall be deleted. B. the first paragraph shall be deleted and the following will be inserted: 12 Item 7 "THE TOWN OF PROSPER, TEXAS (the "Issuer"), being a political subdivision and municipal corporation of the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called the "Registered Owner"), on February 15 in each of the years, in the principal installments and bearing interest at the per annum rates set forth in the following schedule: Years Principal Installments Interest Rates Years Principal Installments Interest Rates 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 2026 2036 2027 2037 The Issuer promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a 360-day year of twelve 30-day months) from the Date of Initial Delivery set forth above at the respective Interest Rate per annum specified above. Interest is payable on February 15, 2018 and semiannually on each August 15 and February 15 thereafter to the date of payment of the principal installment specified above, or the date of redemption prior to maturity; except, that if this Certificate is required to be authenticated and the date of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date; provided, however, that if on the date of authentication hereof the interest on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but has not been paid, then this Certificate shall bear interest from the date to which such interest has been paid in full." C. The Initial Certificate shall be numbered "T-1." Section 5. INTEREST AND SINKING FUND. A special "Interest and Sinking Fund" is hereby created and shall be established and maintained by the Issuer at an official depository bank of the Issuer. Said Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal of the Certificates. All amounts received from the sale of the Certificates as accrued interest and ad valorem taxes levied and collected for and on account of the Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund. During each year while any of the Certificates are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax that will be sufficient to raise and produce the money required 13 Item 7 to pay the interest on the Certificates as such interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of the Certificates as such principal matures (but never less than 2% of the original amount of the Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowances being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer, for each year while any of the Certificates are outstanding and unpaid, and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 6. SURPLUS REVENUES. The Certificates are additionally secured by and payable from a pledge of the revenues of the Issuer's combined Waterworks and Sewer Systems remaining after payment of all operation and maintenance expenses thereof, and all debt service, reserve and other requirements in connection with all of the Issuer's revenue obligations (now or hereafter outstanding) that are payable from all or part of the Net Revenues of the Issuer's Waterworks and Sewer Systems, constituting "Surplus Revenues." The Issuer shall deposit such Surplus Revenues to the credit of the Interest and Sinking Fund created pursuant to Section 5, to the extent necessary to pay the principal and interest on the Certificates. Notwithstanding the requirements of Section 5, if Surplus Revenues are actually on deposit in the Interest and Sinking Fund in advance of the time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that otherwise would have been required to be levied pursuant to Section 5 may be reduced to the extent and by the amount of the Surplus Revenues then on deposit in the Interest and Sinking Fund. The Issuer reserves the right, without condition or limitation, to issue other obligations secured in whole or in part by a parity lien on and pledge of the Surplus Revenues, for any purpose permitted by law. Section 7. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 7, when payment of the principal of such Certificate, plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar in accordance with an escrow agreement or other instrument (the "Future Escrow Agreement") for such payment (1) lawful money of the United States of America sufficient to make such payment or (2) Defeasance Securities that mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes or revenues herein levied and pledged as provided in this Ordinance, and such 14 Item 7 principal and interest shall be payable solely from such money or Defeasance Securities, and thereafter the Issuer will have no further responsibility with respect to amounts available to the Paying Agent/Registrar (or other financial institution permitted by applicable law) for the payment of such Defeased Certificates, including any insufficiency therein caused by the failure of the Paying Agent/Registrar (or other financial institution permitted by applicable law) to receive payment when due on the Defeasance Securities. Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that any determination not to redeem Defeased Certificates that is made in conjunction with the payment arrangements specified in subsection 7(a)(i) or (ii) shall not be irrevocable, provided that: (1) in the proceedings providing for such payment arrangements, the Issuer expressly reserves the right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that right to the owners of the Defeased Certificates immediately following the making of the payment arrangements; and (3) directs that notice of the reservation be included in any redemption notices that it authorizes. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer be invested in Defeasance Securities, maturing in the amounts and times as hereinbefore set forth, and all income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. Any Future Escrow Agreement pursuant to which the money and/or Defeasance Securities are held for the payment of Defeased Certificates may contain provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or the substitution of other Defeasance Securities upon the satisfaction of the requirements specified in subsection 7(a)(i) or (ii). All income from such Defeasance Securities received by the Paying Agent/Registrar that is not required for the payment of the Defeased Certificates, with respect to which such money has been so deposited, shall be remitted to the Issuer or deposited as directed in writing by the Issuer. (c) The term "Defeasance Securities" means any securities and obligations now or hereafter authorized by Texas law that are eligible to refund, defease or otherwise discharge obligations such as the Certificates. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. (e) In the event that the Issuer elects to defease less than all of the principal amount of Certificates of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such amount of Certificates by such random method as it deems fair and appropriate. 15 Item 7 Section 8. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed and delivered, a new certificate of the same principal amount, maturity and interest rate, as the damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. Application for replacement of damaged, mutilated, lost, stolen or destroyed Certificates shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or destruction of a Certificate, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Certificate, as the case may be. In every case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated. (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Certificate shall have matured, and no default has occurred that is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement Certificates. In accordance with Subchapter D of Chapter 1201, Government Code, this Section 8 of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 3(a) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. 16 Item 7 Section 9. CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND COUNSEL'S OPINION AND ENGAGEMENT; ATTORNEY GENERAL FILING FEE; CUSIP NUMBERS; OTHER PROCEDURES AND AGREEMENTS. (a) The Mayor of the Issuer is hereby authorized to have control of the Certificates initially issued and delivered hereunder and all necessary records and proceedings pertaining to the Certificates pending their delivery and their investigation, examination, and approval by the Attorney General of the State of Texas, and their registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Certificates said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate attached to such Certificates, and the seal of said Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Certificates issued and delivered under this Ordinance, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. (b) The Mayor, Town Manager, Finance Director and Town Secretary and all other officers, employees and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge and deliver in the name and on behalf of the Issuer a Paying Agent/Registrar Agreement with the Paying Agent/Registrar and all other instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms and provisions of this Ordinance, the Certificates, the sale of the Certificates and the Official Statement relating to the Certificates. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. (c) The obligation of the initial purchaser to accept delivery of the Certificates is subject to the initial purchaser being furnished with the final, approving opinion of McCall, Parkhurst & Horton L.L.P., bond counsel to the Issuer, which opinion shall be dated as of and delivered on the date of initial delivery of the Certificates to the initial purchaser. The engagement of such firm as bond counsel to the Issuer in connection with issuance, sale and delivery of the Certificates is hereby approved and confirmed. The execution and delivery of an engagement letter between the Issuer and such firm, with respect to such services as bond counsel, is hereby authorized in such form as may be approved by the Mayor of the Issuer and the Mayor is hereby authorized to execute such engagement letter. (d) In accordance with the provisions of Section 1202.004, Tex. Gov't Code Ann., in connection with the submission of the Certificates by the Attorney General of Texas for review and approval, a statutory fee (an amount equal to 0.1% principal amount of the Certificates, subject to a minimum of $750 and a maximum of $9,500) is required to be paid to the Attorney General upon the submission of the transcript of proceedings for the Certificates. The Issuer hereby authorizes and directs that a check in the amount of the Attorney General filing fee for the Certificates, made 17 Item 7 payable to the "Texas Attorney General," be promptly furnished to the Issuer's Bond Counsel, for payment to the Attorney General in connection with his review of the Certificates. Section 10. COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE CERTIFICATES. The Issuer covenants to take any action necessary to assure, or refrain from any action that would adversely affect, the treatment of the Certificates as Obligation described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates (less amounts deposited to a reserve fund, if any) are used for any "private business use," as defined in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds or the projects financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or the projects financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" that is "related" and not "disproportionate," within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount that is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action that would otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds that were used, directly or indirectly, to acquire investment property (as defined in section 148(b)(2) of the Code) that produces a materially higher yield over the term of the Certificates, other than investment property acquired with – 18 Item 7 (1) proceeds of the Certificates invested for a reasonable temporary period of 3 years or less or, in the case of a refunding bond, for a period of 30 days or less until such proceeds are needed for the purpose for which the bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the proceeds of the Certificates; (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings," within the meaning of section 148(f) of the Code and to pay to the United States of America, not later than 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such Fund shall not be subject to the claim of any other person, including without limitation the certificateholders. The Rebate Fund is established for the additional purpose of compliance with section 148 of the Code. For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Certificates. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated that modify or expand provisions of the Code, as applicable to the Certificates, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated that impose additional requirements applicable to the Certificates, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In furtherance of such intention, the Issuer hereby authorizes and directs 19 Item 7 the Mayor to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, that may be permitted by the Code as are consistent with the purpose for the issuance of the Certificates. Section 11. SALE OF CERTIFICATES; APPROVAL OF OFFICIAL STATEMENT; APPLICATION OF PROCEEDS. (a) The Certificates are hereby initially sold and shall be delivered to Citigroup Global Markets, Inc. (the "Underwriter") for cash at a price set forth below, pursuant to the terms and provisions of a Certificate Purchase Agreement that the Mayor of the Issuer is hereby authorized to execute and deliver. The Certificates shall initially be registered in the name of "Citigroup Global Markets, Inc." The Certificates are sold to the Underwriter at a price of $_________ (representing the par amount of the Certificates, plus an aggregate net original issue premium of $_______, less Underwriter's discount on the Certificates of $______). It is hereby officially found, determined, and declared that the terms of this sale are the most advantageous reasonably obtainable. (b) The Issuer hereby approves the form and content of the Official Statement relating to the Certificates and any addenda, supplement or amendment thereto, and approves the distribution of such Official Statement in the reoffering of the Certificates by the Underwriter in final form, with such changes therein or additions thereto as the officer executing the same may deem advisable, such determination to be conclusively evidenced by his execution thereof. The distribution and use of the Preliminary Official Statement dated June __, 2017 prior to the date hereof is hereby ratified and confirmed. (c) The proceeds from the sale of the Certificates shall be applied as follows: (i) the amount of $_______ shall be deposited to the Interest and Sinking Fund, (ii) the amount of $_______ shall be deposited to the construction fund of the Issuer to be used for the acquisition of the Project and (iii) the amount of $_______ shall be applied to pay the costs of issuance of the Certificates. Section 12. ALLOCATION OF CERTIFICATE PROCEEDS. The Issuer covenants to account for the expenditure of sale proceeds and investment earnings to be used for the construction and acquisition of the Project on its books and records by allocating proceeds to expenditures within 18 months of the later of the date that (1) the expenditure is made, or (2) the Project is completed. The foregoing notwithstanding, the Issuer shall not expend proceeds of the sale of the Certificates or investment earnings thereon more than 60 days after the earlier of (1) the fifth anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such expenditure will not adversely affect the status, for federal income tax purposes, of the Certificates or the interest thereon. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 13. DISPOSITION OF PROJECT. The Issuer covenants that the Project will not be sold or otherwise disposed in a transaction resulting in the receipt by the Issuer of cash or other compensation, unless the Issuer obtains an opinion of nationally-recognized bond counsel that such 20 Item 7 sale or other disposition will not adversely affect the tax-exempt status of the Certificates. For purpose of the foregoing, the Issuer may rely on an opinion of nationally-recognized bond counsel that the action taken in connection with such sale or other disposition will not adversely affect the tax-exempt status of the Certificates. For purposes of the foregoing, the portion of the property comprising personal property and disposed in the ordinary course shall not be treated as a transaction resulting in the receipt of cash or other compensation. For purposes hereof, the Issuer shall not be obligated to comply with this covenant if it obtains an opinion that such failure to comply will not adversely affect the excludability for federal income tax purposes from gross income of the interest. Section 14. INTEREST EARNINGS ON CERTIFICATE PROCEEDS; APPROPRIATION. (a) Interest earnings, if any, derived from the investment of proceeds from the sale of the Certificates shall be used along with other certificate proceeds for the Project; provided that after completion of such purpose, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds that are required to be rebated to the United States of America pursuant to Section 10 hereof in order to prevent the Certificates from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. (b) To pay principal and interest coming due on the Certificates on February 15, 2018, there is hereby appropriated from current funds on hand, which are hereby certified to be on hand and available for such purpose, an amount sufficient to pay such debt service, and such amount shall be used for no other purpose. Section 15. CONSTRUCTION FUND. The Issuer hereby creates and establishes and shall maintain on the books of the Issuer a separate fund to be entitled the "Series 2017 Combination Tax and Surplus Revenue Certificate of Obligation Construction Fund" for use by the Issuer for payment of all lawful costs associated with the acquisition and construction of the Project as hereinbefore provided. Upon payment of all such costs, any moneys remaining on deposit in said Fund shall be transferred to the Interest and Sinking Fund. Amounts so deposited to the Interest and Sinking Fund shall be used in the manner described in Section 5 of this Ordinance. Section 16. COMPLIANCE WITH RULE 15c2-12. (a) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. 21 Item 7 (b) Annual Reports. (i) The Issuer shall provide annually to the MSRB, in the electronic format prescribed by the MSRB, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by this Ordinance, being the financial information and operating data with respect to the District of the general type included in this Official Statement in Tables 1 through 5 and 7 through 14 (the "Annual Operating Report"). The Issuer will additionally provide financial statements of the Issuer (the "Financial Statements"), that will be (A) prepared in accordance with the accounting principles described in the notes to the financial statements that are attached to the Official Statement as Appendix B, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and shall be in substantially the form included in the final Official Statement and (B) audited, if the Issuer commissions an audit of such Financial Statements and the audit is completed within the period during which they must be provided. The Issuer will update and provide the Annual Operating Report within six months after the end of each fiscal year and the Financial Statements within 12 months of the end of each fiscal year, in each case beginning with the fiscal year ending in and after 2017. The Issuer may provide the Financial Statements earlier, including at the time it provides its Annual Operating Report, but if the audit of such Financial Statements is not complete within 12 months after any such fiscal year end, then the Issuer shall file unaudited Financial Statements within such 12-month period and audited Financial Statements for the applicable fiscal year, when and if the audit report on such Financial Statements becomes available. (ii) If the Issuer changes its fiscal year, it will notify the MSRB of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any documents available to the public on the MSRB's internet website or filed with the SEC. (iii) Event Notices. The Issuer shall notify the MSRB, in a timely manner not in excess of ten Business Days after the occurrence of the event, of any of the following events with respect to the Certificates: 1. Principal and interest payment delinquencies; 2. Non-payment related defaults, if material; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Certificates, or other material events affecting the tax status of the Certificates; 7. Modifications to rights of holders of the Certificates, if material; 8. Certificate calls, if material, and tender offers; 9. Defeasances; 22 Item 7 10. Release, substitution, or sale of property securing repayment of the Certificates, if material; 11. Rating changes; 12. Bankruptcy, insolvency, receivership or similar event of the Issuer; 13. The consummation of a merger, consolidation, or acquisition involving the Issuer or the sale of all or substantially all of the assets of the Issuer, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and 14. Appointment of a successor trustee or change in the name of the trustee, if material. The Issuer shall notify the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (i) of this Section by the time required by subsection (i). As used in clause (iii)12 above, the phrase "bankruptcy, insolvency, receivership or similar event" means the appointment of a receiver, fiscal agent or similar officer for the Issuer in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court of governmental authority has assumed jurisdiction over substantially all of the assets or business of the Issuer, or if jurisdiction has been assumed by leaving the Board and officials or officers of the Issuer in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the Issuer. (iv) Limitations, Disclaimers, and Amendments. (A) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the Issuer in any event will give notice of any deposit made in accordance with this Ordinance or applicable law that causes the Certificates no longer to be outstanding. (B) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. (C) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON 23 Item 7 ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (D) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (E) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (b) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. Section 17. METHOD OF AMENDMENT. The Issuer hereby reserves the right to amend this Ordinance subject to the following terms and conditions, to-wit: (a) The Issuer may from time to time, without the consent of any holder, except as otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i) cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii) add events of default as shall not be inconsistent with the provisions of this Ordinance and which shall not materially adversely affect the interests of the holders, (v) qualify this Ordinance under the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from time to time in effect, or (iv) make such other provisions in regard to matters or questions arising under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and which shall not in the opinion of the Issuer's Bond Counsel materially adversely affect the interests of the holders. 24 Item 7 (b) Except as provided in paragraph (a) above, the holders of Certificates aggregating in principal amount 51% of the aggregate principal amount of then outstanding Certificates which are the subject of a proposed amendment shall have the right from time to time to approve any amendment hereto which may be deemed necessary or desirable by the Issuer; provided, however, that without the consent of 100% of the holders in aggregate principal amount of the then outstanding Certificates, nothing herein contained shall permit or be construed to permit amendment of the terms and conditions of this Ordinance or in any of the Certificates so as to: (1) Make any change in the maturity of any of the outstanding Certificates; (2) Reduce the rate of interest borne by any of the outstanding Certificates; (3) Reduce the amount of the principal of, or redemption premium, if any, payable on any outstanding Certificates; (4) Modify the terms of payment of principal or of interest or redemption premium on outstanding Certificates or any of them or impose any condition with respect to such payment; or (5) Change the minimum percentage of the principal amount of any series of Certificates necessary for consent to such amendment. (c) If at any time the Issuer shall desire to amend this Ordinance under this Section, the Issuer shall send by U.S. mail to each registered owner of the affected Certificates a copy of the proposed amendment and cause notice of the proposed amendment to be published at least once in a financial publication published in The City of New York, New York or in the State of Texas. Such published notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the office of the Issuer for inspection by all holders of such Certificates. (d) Whenever at any time within one year from the date of publication of such notice the Issuer shall receive an instrument or instruments executed by the holders of at least 51% in aggregate principal amount of all of the Certificates then outstanding which are required for the amendment, which instrument or instruments shall refer to the proposed amendment and which shall specifically consent to and approve such amendment, the Issuer may adopt the amendment in substantially the same form. (e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this Section, this Ordinance shall be deemed to be modified and amended in accordance with such amendatory Ordinance, and the respective rights, duties, and obligations of the Issuer and all holders of such affected Certificates shall thereafter be determined, exercised, and enforced, subject in all respects to such amendment. (f) Any consent given by the holder of a Certificate pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the publication of the notice 25 Item 7 provided for in this Section, and shall be conclusive and binding upon all future holders of the same Certificate during such period. Such consent may be revoked at any time after six months from the date of the publication of said notice by the holder who gave such consent, or by a successor in title, by filing notice with the Issuer, but such revocation shall not be effective if the holders of 51% in aggregate principal amount of the affected Certificates then outstanding, have, prior to the attempted revocation, consented to and approved the amendment. For the purposes of establishing ownership of the Certificates, the Issuer shall rely solely upon the registration of the ownership of such Certificates on the registration books kept by the Paying Agent/Registrar. Section 18. CONTINUED PERFECTION OF SECURITY INTEREST. Chapter 1208, Government Code, applies to the issuance of the Certificates and the pledge of the ad valorem taxes granted by the Issuer under Section 5 of this Ordinance and the pledge of the Surplus Revenues under Section 6 of this Ordinance, and such pledge is therefore valid, effective, and perfected. If Texas law is amended at any time while the Certificates are outstanding and unpaid such that the pledge of the taxes granted by the Issuer under Section 5 of this Ordinance or the pledge of the Surplus Revenues under Section 6 of this Ordinance is to be subject to the filing requirements of Chapter 9, Business & Commerce Code, then in order to preserve to the registered owners of the Certificates the perfection of the security interest in said pledges, the Issuer agrees to take such measures as it determines are reasonable and necessary under Texas law to comply with the applicable provisions of Chapter 9, Business & Commerce Code and enable a filing to perfect the security interest in said pledges to occur. Section 19. INCONSISTENT PROVISIONS. All indentures, ordinances or resolutions, or parts thereof, that are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict and the provisions of this Ordinance shall be and remain controlling as to the matters contained herein. Section 20. GOVERNING LAW. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 21. SEVERABILITY. If any provision of this Ordinance or the application thereof to any circumstance shall be held to be invalid, the remainder of this Ordinance and the application thereof to other circumstances shall nevertheless be valid, and this governing body hereby declares that this Ordinance would have been enacted without such invalid provision. Section 22. EVENTS OF DEFAULT. Each of the following occurrences or events for the purpose of this Ordinance is hereby declared to be an event of default (an "Event of Default"): (i) the failure to make payment of the principal of or interest on any of the Certificates when the same becomes due and payable; or (ii) default in the performance or observance of any other covenant, agreement or obligation of the Issuer, the failure to perform which materially, adversely affects the rights of the Registered Owners, including, but not limited to, their prospect or ability to be repaid in 26 Item 7 accordance with this Ordinance, and the continuation thereof for a period of 60 days after notice of such default is given by any Registered Owner to the Issuer. Section 23. REMEDIES FOR DEFAULT. (a) Upon the happening of any Event of Default, then and in every case, any Registered Owner or an authorized representative thereof, including, but not limited to, a trustee or trustees therefor, may proceed against the may proceed against the Issuer or the Town Council of the Issuer, as appropriate for the purpose of protecting and enforcing the rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by law, including the specific performance of any covenant or agreement contained herein, or thereby to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners hereunder or any combination of such remedies. (b) It is provided that all such proceedings shall be instituted and maintained for the equal benefit of all Registered Owners of Certificates then outstanding. Section 24. REMEDIES NOT EXCLUSIVE. (a) No remedy herein conferred or reserved is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or under the Certificates or now or hereafter existing at law or in equity; provided, however, that notwithstanding any other provision of this Ordinance, the right to accelerate the debt evidenced by the Certificates shall not be available as a remedy under this Ordinance. (b) The exercise of any remedy herein conferred or reserved shall not be deemed a waiver of any other available remedy. (c) By accepting the delivery of a Certificate authorized under this Ordinance, such Registered Owner agrees that the certifications required to effectuate any covenants or representations contained in this Ordinance do not and shall never constitute or give rise to a personal or pecuniary liability or charge against the officers, employees or trustees of the Issuer or the Town Council of the Issuer. Section 25. EFFECTIVE DATE. In accordance with the provisions of V.T.C.A., Government Code, Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the Town Council. 27 Item 7 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 27th, 2017 Agenda Item: Consider and act upon an ordinance establishing a Homestead Tax Exemption. Description of Agenda Item: Chapter 11.13(n) of the State of Texas Tax Code provides for an optional residential homestead exemption by any taxing unit. Each taxing unit decides if it will offer the exemption and at what percentage. This optional homestead exemption cannot be less than $5,000 or greater than twenty percent of the qualifying property’s assessed value. The Town’s current assessed homestead tax exemption rate is 7.5%. Exhibit 1 presents calculated and minimum homestead exemptions at various percentages from 8.5% up to the 12.5% maximum. In addition, Exhibit 1 presents the amount property tax revenue would decrease for each percentage shown in the table. • A 10% Homestead Exemption would decrease property tax revenue by $335,581. • A 12.5% Homestead Exemption would decrease property tax revenue by $671,244. Property tax revenue is split between the General Fund (Maintenance and Operations) and the Interest and Sinking Fund (Debt Service). The 2016 tax rate as approved during the last budget cycle provides for the following tax rate: $0.367500 for Maintenance and Operations $0.152500 for Debt Service Totaling $0.520000 Total Tax Rate Exhibit 2 provides an analysis of how various levels of a homestead exemption would affect the debt service component of the tax rate beginning in Fiscal Year 2017-2018. • A 10% Homestead Exemption would increase the debt service tax rate to $0.1558. • A 12.5% Homestead Exemption would increase the debt service tax rate to $0.1593. FINANCE Item 8 Legal Obligations and Review: Terrence Welch with Brown & Hofmeister, L.L.P., has reviewed the attached ordinance as to form and legality. Attached Documents: 1. Ordinance 2. Homestead Exemption Analysis 3. Projected Debt Service Tied to Five-Year Capital Plan with Scenarios for Homestead Exemptions of 8.5%, 9.5%, 10%, 11%, 11.5%, 12%, and 12.5% 4. Preliminary Effective Tax Rate Worksheet reflecting a 10% homestead exemption Town Staff Recommendation: Town staff recommends that the Town Council establish a Homestead Tax Exemption of ten percent (10%). Recommended Motion: I move to approve an ordinance establishing a Homestead Tax Exemption of ten percent (10%). Item 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-___ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, REPEALING TOWN OF PROSPER ORDINANCE NO. 15-60; ESTABLISHING A HOMESTEAD TAX EXEMPTION IN THE AMOUNT OF TEN PERCENT (10%) OF THE APPRAISED VALUE OF THE HOMESTEAD; PROVIDING FOR APPROPRIATE NOTICE TO BE GIVEN BY THE CHIEF APPRAISERS OF DENTON COUNTY AND COLLIN COUNTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Constitution of the State of Texas was amended in 1981 by a vote of the people to allow cities the local option to grant homestead exemptions; and WHEREAS, on or about September 22, 2015, the Town Council adopted Ordinance No. 15-60, which ordinance authorized a homestead exemption in the amount of seven and one-half percent (7.5%); and WHEREAS, it is the desire of the Town Council to repeal Ordinance No. 15-60 in its entirety and hereby authorize a homestead exemption in the amount of ten percent (10%). 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 Town of Prosper Ordinance No. 15-60, adopted by the Town Council on or about September 22, 2015, is hereby repealed in its entirety. SECTION 3 From and after the effective date of this Ordinance, a homestead exemption of ten percent (10%) is granted to all qualified homeowners subject to the Town’s property tax pursuant to the laws of the State of Texas regulating the assessment of ad valorem taxes. If this percentage produces an exemption of less than five thousand dollars ($5,000) when applied to a particular residence homestead, the individual shall be entitled to an exemption of five thousand dollars ($5,000) of the assessed value of the property. SECTION 4 The Chief Appraiser for the Denton County Appraisal District and the Chief Appraiser for the Collin County Appraisal District shall give appropriate notice to the general public advising it of the availability of the exemption. Item 8 SECTION 5 This Ordinance shall apply to the 2017 tax roll and all subsequent tax rolls unless repealed or amended by ordinance. SECTION 6 This Ordinance shall become effective after its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS THE 27TH DAY OF JUNE, 2017. APPROVED: ___________________________________ Ray Smith, Mayor ATTEST: _____________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: _____________________________________ Terrence S. Welch, Town Attorney Item 8 Homestead Exemption Analysis Based on 2017 Assessed  Values Incremental Cumulative Assessed Calculated Minimum Revenue Revenue Revenue Value Homestead % Homestead Homestead Decrease Decrease Decrease $2,582,262,006 7.5% $193,669,650 $193,706,222 $1,007,272 $2,582,262,006 8.5% $219,492,271 $219,517,563 $1,141,491 $134,219 $134,219 $2,582,262,006 9.5% $245,314,891 245,332,224      $1,275,728 $134,236 $268,455 $2,582,262,006 10.0% $258,226,201 $258,241,067 $1,342,854 $67,126 $335,581 $2,582,262,006 11.0% $284,048,821 $284,060,860 $1,477,116 $134,263 $469,844 $2,582,262,006 11.5% $296,960,131 $296,971,127 $1,544,250 $67,133 $536,978 $2,582,262,006 12.0% $309,871,441 $309,881,393 $1,611,383 $67,133 $604,111 $2,582,262,006 12.5% $322,782,751 $322,791,697 $1,678,517 $67,134 $671,244 Item 8 Town of Prosper Projected Tax-Backed Debt Service Tied to Five Year Capital Plan (as of 6.6.2017) Series Series Series Series Series Series LESS:% of Taxable Outstanding 2017 2018 2019 2020 2021 2022 LESS:Effect of Combined Overall Assessed Tax-Backed $11.56mm $15.61mm $3.73mm $3.94mm $11.53mm $5.28mm Use of Fund Freeze Net I&S Tax $0.52 Total FYE Valuation (1)Debt Service (2)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Proceeds (3)Balance Revenue (4)Total P+I Rate (5)Tax Rate 2017 2,525,224,813$4,161,809$-$282,323$3,879,486$0.1525$29.3% 2018 3,019,451,381 3,708,844 1,104,110$-279,090 4,533,864 0.1524 29.3% 2019 3,381,785,546 3,505,545 879,300 972,458$-277,371 5,079,932 0.1525 29.3% 2020 3,719,964,101 3,630,510 881,100 1,096,375 253,771$-275,899 5,585,857 0.1524 29.3% 2021 4,017,561,229 3,789,145 882,100 1,109,875 255,000 272,917$-274,955 6,034,082 0.1525 29.3% 2022 4,338,966,128 3,881,390 509,900 1,224,250 246,625 247,250 681,917$-274,050 6,517,282 0.1525 29.3% 2023 4,512,524,773 3,913,828 480,400 1,205,125 204,375 332,500 623,500 291,417$-273,590 6,777,554 0.1525 29.3% 2024 4,693,025,764 3,913,236 883,100 1,107,750 193,375 330,375 626,375 269,000 -273,218 7,049,993 0.1525 29.3% 2025 4,880,746,795 3,624,508 882,100 1,053,125 338,875 332,875 824,000 269,000 -262,755 7,061,727 0.1469 28.2% 2026 5,027,169,198 4,083,326 880,300 912,500 335,500 330,000 694,500 269,000 -261,394 7,243,732 0.1463 28.1% 2027 5,177,984,274 3,585,906 882,600 1,095,000 336,750 331,750 1,063,375 371,375 -259,246 7,407,510 0.1452 27.9% 2028 5,333,323,803 3,577,350 883,900 1,092,000 337,500 328,125 1,062,000 414,875 -252,647 7,443,103 0.1417 27.2% 2029 5,386,657,041 3,582,788 884,200 1,078,250 337,750 329,125 1,064,250 407,125 -249,747 7,433,741 0.1401 26.9% 2030 5,440,523,611 2,656,600 883,500 1,614,875 337,500 329,625 1,065,000 521,250 -238,419 7,169,931 0.1338 25.7% 2031 5,494,928,847 2,649,119 881,800 1,615,750 336,750 329,625 1,064,250 521,875 -235,766 7,163,402 0.1323 25.5% 2032 5,549,878,136 2,653,094 884,000 1,618,750 335,500 329,125 1,062,000 516,875 -233,438 7,165,906 0.1311 25.2% 2033 5,605,376,917 2,363,025 880,100 1,618,750 338,625 328,125 1,063,125 521,125 -222,178 6,890,697 0.1248 24.0% 2034 5,661,430,686 2,076,563 880,100 1,615,750 336,125 331,500 1,062,500 519,500 -210,984 6,611,054 0.1186 22.8% 2035 5,718,044,993 2,005,700 883,800 1,619,500 338,000 329,250 1,065,000 517,125 -206,945 6,551,430 0.1163 22.4% 2036 5,775,225,443 1,076,100 881,200 1,619,750 339,125 331,375 1,065,500 518,875 -176,809 5,655,116 0.0994 19.1% 2037 5,832,977,697 882,300 1,616,500 334,625 332,750 1,064,000 519,625 -142,576 4,607,224 0.0802 15.4% 2038 5,891,307,474 1,619,500 339,375 328,500 1,065,375 519,375 -115,080 3,757,045 0.0647 12.5% 2039 5,950,220,549 338,250 328,625 1,064,500 518,125 -66,193 2,183,307 0.0373 7.2% 2040 6,009,722,755 328,000 1,061,375 520,750 -55,650 1,854,475 0.0313 6.0% 2041 6,069,819,982 1,060,875 517,250 -45,523 1,532,602 0.0256 4.9% 2042 6,130,518,182 517,625 -14,784 502,841 0.0083 1.6% 64,438,383$17,089,910$26,505,833$6,213,396$6,461,417$19,403,417$9,041,167$-$5,460,629$143,692,893$ (2) Debt service assumed to be repaid solely with I&S tax revenues. Repayment source may be changed from year to year. (3) Debt service assumed to be repaid solely with I&S tax revenues. Based on projected rates; preliminary, subject to change. (4) Estimated. Based on assumed total frozen revenues of $896,810 and projected pro rata I&S tax rate share of a combined tax rate of $0.52; preliminary, subject to change. (5) FY 2017 I&S tax rate is actual. All others calculated based on 98.5% collections. (1) FY 2017 based on certified values per Denton CAD and Collin CAD websites. FY 2018 is preliminary. Assumes the following growth rates per Town Staff: 12% in FY 2019, 10% in FY 2020, 8% in FY's 2021 and 2022, 4% in FY's 2023-2025, 3% in FY's 2026-2028 and 1% thereafter. Item 8 Town of Prosper Projected Debt to TAV Tied to Five Year Capital Plan (as of 6.6.2017) Taxable Tax-Backed Total Assessed Tax-Backed Revenue-Backed Total Debt to Debt to FYE Valuation (1)Debt (2)Debt (3)Debt TAV TAV 2017 2,546,143,721$55,186,400$30,233,600$85,420,000$2.17%3.35% 2018 3,019,451,381 68,417,300 41,332,700 109,750,000 2.27%3.63% 2019 3,381,785,546 69,875,500 74,514,500 144,390,000 2.07%4.27% 2020 3,719,964,101 71,043,900 78,476,100 149,520,000 1.91%4.02% 2021 4,017,561,229 79,559,700 81,970,300 161,530,000 1.98%4.02% 2022 4,338,966,128 81,804,400 77,830,600 159,635,000 1.89%3.68% 2023 4,512,524,773 78,460,200 73,559,800 152,020,000 1.74%3.37% 2024 4,693,025,764 74,664,500 69,075,500 143,740,000 1.59%3.06% 2025 4,880,746,795 70,687,800 64,877,200 135,565,000 1.45%2.78% 2026 5,027,169,198 66,343,500 60,481,500 126,825,000 1.32%2.52% 2027 5,177,984,274 61,631,000 56,339,000 117,970,000 1.19%2.28% 2028 5,333,323,803 56,668,000 52,002,000 108,670,000 1.06%2.04% 2029 5,386,657,041 51,485,000 47,465,000 98,950,000 0.96%1.84% 2030 5,440,523,611 46,345,000 42,815,000 89,160,000 0.85%1.64% 2031 5,494,928,847 40,980,000 37,950,000 78,930,000 0.75%1.44% 2032 5,549,878,136 35,370,000 32,845,000 68,215,000 0.64%1.23% 2033 5,605,376,917 29,795,000 27,880,000 57,675,000 0.53%1.03% 2034 5,661,430,686 24,255,000 23,045,000 47,300,000 0.43%0.84% 2035 5,718,044,993 18,525,000 18,905,000 37,430,000 0.32%0.65% 2036 5,775,225,443 13,475,000 14,560,000 28,035,000 0.23%0.49% 2037 5,832,977,697 9,290,000 10,080,000 19,370,000 0.16%0.33% 2038 5,891,307,474 5,795,000 5,450,000 11,245,000 0.10%0.19% 2039 5,950,220,549 3,785,000 1,660,000 5,445,000 0.06%0.09% 2040 6,009,722,755 2,020,000 560,000 2,580,000 0.03%0.04% 2041 6,069,819,982 505,000 -505,000 0.01%0.01% 2042 6,130,518,182 ---0.00%0.00% (2) Debt assumed to be repaid solely with I&S tax revenues. Repayment source may be changed from year to year. (3) Debt assumed to be repaid solely with water, sewer and drainage net revenues. Repayment source may be changed from year to year. (1) FY 2017 based on certified values per Denton CAD and Collin CAD websites. FY 2018 is preliminary. Assumes the following growth rates per Town Staff: 12% in FY 2019, 10% in FY 2020, 8% in FY's 2021 and 2022, 4% in FY's 2023-2025, 3% in FY's 2026-2028 and 1% thereafter. Projected Principal Outstanding at Fiscal Year End Item 8 Town of Prosper Estimated Impact of Increase to Local Homestead Exemption (as of 6.6.2017) Projected Taxable Calculated $ Amount Tax-Backed Total Taxable Calculated $ Amount Tax-Backed Total Taxable Calculated $ Amount Tax-Backed Total Net GO Assessed I&S Tax Over Debt to Debt to Assessed I&S Tax Over Debt to Debt to Assessed I&S Tax Over Debt to Debt to FYE Debt Service (1)Valuation Rate $0.1525 TAV TAV Valuation Rate $0.1525 TAV TAV Valuation Rate $0.1525 TAV TAV 2017 3,879,486$ 2018 4,533,864 2,993,628,761$0.1538$37,059$2.29%3.67%2,967,806,141$0.1551$75,848$2.31%3.70%2,954,894,831$0.1558$95,242$2.32%3.71% 2019 5,079,932 3,352,864,212 0.1538 43,511 2.08%4.31%3,323,942,877 0.1552 86,954 2.10%4.34%3,309,482,210 0.1558 108,676 2.11%4.36% 2020 5,585,857 3,688,150,633 0.1538 45,793 1.93%4.05%3,656,337,165 0.1551 93,581 1.94%4.09%3,640,430,431 0.1558 117,475 1.95%4.11% 2021 6,034,082 3,983,202,684 0.1538 50,813 2.00%4.06%3,948,844,138 0.1551 102,424 2.01%4.09%3,931,664,866 0.1558 128,230 2.02%4.11% 2022 6,517,282 4,301,858,899 0.1538 55,352 1.90%3.71%4,264,751,670 0.1551 111,092 1.92%3.74%4,246,198,056 0.1558 138,962 1.93%3.76% 2023 6,777,554 4,473,933,255 0.1538 57,147 1.75%3.40%4,435,341,737 0.1551 115,116 1.77%3.43%4,416,045,978 0.1558 144,101 1.78%3.44% 2024 7,049,993 4,652,890,585 0.1538 60,770 1.60%3.09%4,612,755,406 0.1552 121,058 1.62%3.12%4,592,687,817 0.1558 151,202 1.63%3.13% 2025 7,061,727 4,839,006,209 0.1482 -1.46%2.80%4,797,265,623 0.1494 -1.47%2.83%4,776,395,330 0.1501 -1.48%2.84% 2026 7,243,732 4,984,176,395 0.1475 -1.33%2.54%4,941,183,591 0.1488 -1.34%2.57%4,919,687,189 0.1495 -1.35%2.58% 2027 7,407,510 5,133,701,687 0.1465 -1.20%2.30%5,089,419,099 0.1478 -1.21%2.32%5,067,277,805 0.1484 -1.22%2.33% 2028 7,443,103 5,287,712,737 0.1429 -1.07%2.06%5,242,101,672 0.1441 -1.08%2.07%5,219,296,139 0.1448 -1.09%2.08% 2029 7,433,741 5,340,589,865 0.1413 -0.96%1.85%5,294,522,689 0.1425 -0.97%1.87%5,271,489,101 0.1432 -0.98%1.88% 2030 7,169,931 5,393,995,763 0.1349 -0.86%1.65%5,347,467,916 0.1361 -0.87%1.67%5,324,203,992 0.1367 -0.87%1.67% 2031 7,163,402 5,447,935,721 0.1335 -0.75%1.45%5,400,942,595 0.1347 -0.76%1.46%5,377,446,032 0.1352 -0.76%1.47% 2032 7,165,906 5,502,415,078 0.1322 -0.64%1.24%5,454,952,021 0.1334 -0.65%1.25%5,431,220,492 0.1339 -0.65%1.26% 2033 6,890,697 5,557,439,229 0.1259 -0.54%1.04%5,509,501,541 0.1270 -0.54%1.05%5,485,532,697 0.1275 -0.54%1.05% 2034 6,611,054 5,613,013,621 0.1196 -0.43%0.84%5,564,596,556 0.1206 -0.44%0.85%5,540,388,024 0.1211 -0.44%0.85% 2035 6,551,430 5,669,143,757 0.1173 -0.33%0.66%5,620,242,522 0.1183 -0.33%0.67%5,595,791,904 0.1189 -0.33%0.67% 2036 5,655,116 5,725,835,195 0.1003 -0.24%0.49%5,676,444,947 0.1011 -0.24%0.49%5,651,749,823 0.1016 -0.24%0.50% 2037 4,607,224 5,783,093,547 0.0809 -0.16%0.33%5,733,209,397 0.0816 -0.16%0.34%5,708,267,321 0.0819 -0.16%0.34% 2038 3,757,045 5,840,924,482 0.0653 -0.10%0.19%5,790,541,491 0.0659 -0.10%0.19%5,765,349,995 0.0662 -0.10%0.20% 2039 2,183,307 5,899,333,727 0.0376 -0.06%0.09%5,848,446,905 0.0379 -0.06%0.09%5,823,003,494 0.0381 -0.07%0.09% 2040 1,854,475 5,958,327,065 0.0316 -0.03%0.04%5,906,931,374 0.0319 -0.03%0.04%5,881,233,529 0.0320 -0.03%0.04% 2041 1,532,602 6,017,910,335 0.0259 -0.01%0.01%5,966,000,688 0.0261 -0.01%0.01%5,940,045,865 0.0262 -0.01%0.01% 2042 502,841 6,078,089,439 0.0084 -0.00%0.00%6,025,660,695 0.0085 -0.00%0.00%5,999,446,323 0.0085 -0.00%0.00% 143,692,893$350,445$706,073$883,887$ (1) Includes current debt service anticipated to be repaid solely with I&S revenues as well as debt service from projected annual issuances for FY's 2017-2022. Preliminary, subject to change. 8.5% Homestead Exemption 9.5% Homestead Exemption 10.0% Homestead Exemption Item 8 Town of Prosper Estimated Impact of Increase to Local Homestead Exemption (as of 6.6.2017) Projected Taxable Calculated $ Amount Tax-Backed Total Taxable Calculated $ Amount Tax-Backed Total Net GO Assessed I&S Tax Over Debt to Debt to Assessed I&S Tax Over Debt to Debt to FYE Debt Service (1)Valuation Rate $0.1525 TAV TAV Valuation Rate $0.1525 TAV TAV 2017 3,879,486$ 2018 4,533,864 2,929,072,211$0.1571$134,031$2.34%3.75%2,916,160,901$0.1578$153,426$2.35%3.76% 2019 5,079,932 3,280,560,875 0.1572 152,119 2.13%4.40%3,266,100,208 0.1579 173,841 2.14%4.42% 2020 5,585,857 3,608,616,963 0.1571 165,263 1.97%4.14%3,592,710,229 0.1578 189,157 1.98%4.16% 2021 6,034,082 3,897,306,320 0.1572 179,841 2.04%4.14%3,880,127,048 0.1579 205,646 2.05%4.16% 2022 6,517,282 4,209,090,827 0.1572 194,701 1.94%3.79%4,190,537,212 0.1579 222,571 1.95%3.81% 2023 6,777,554 4,377,454,460 0.1572 202,070 1.79%3.47%4,358,158,701 0.1579 231,055 1.80%3.49% 2024 7,049,993 4,552,552,638 0.1572 211,490 1.64%3.16%4,532,485,049 0.1579 241,634 1.65%3.17% 2025 7,061,727 4,734,654,744 0.1514 -1.49%2.86%4,713,784,451 0.1521 -1.50%2.88% 2026 7,243,732 4,876,694,386 0.1508 -1.36%2.60%4,855,197,984 0.1515 -1.37%2.61% 2027 7,407,510 5,022,995,217 0.1497 -1.23%2.35%5,000,853,924 0.1504 -1.23%2.36% 2028 7,443,103 5,173,685,074 0.1461 -1.10%2.10%5,150,879,541 0.1467 -1.10%2.11% 2029 7,433,741 5,225,421,925 0.1444 -0.99%1.89%5,202,388,337 0.1451 -0.99%1.90% 2030 7,169,931 5,277,676,144 0.1379 -0.88%1.69%5,254,412,220 0.1385 -0.88%1.70% 2031 7,163,402 5,330,452,905 0.1364 -0.77%1.48%5,306,956,342 0.1370 -0.77%1.49% 2032 7,165,906 5,383,757,434 0.1351 -0.66%1.27%5,360,025,906 0.1357 -0.66%1.27% 2033 6,890,697 5,437,595,009 0.1287 -0.55%1.06%5,413,626,165 0.1292 -0.55%1.07% 2034 6,611,054 5,491,970,959 0.1222 -0.44%0.86%5,467,762,426 0.1228 -0.44%0.87% 2035 6,551,430 5,546,890,668 0.1199 -0.33%0.67%5,522,440,051 0.1204 -0.34%0.68% 2036 5,655,116 5,602,359,575 0.1025 -0.24%0.50%5,577,664,451 0.1029 -0.24%0.50% 2037 4,607,224 5,658,383,171 0.0827 -0.16%0.34%5,633,441,096 0.0830 -0.16%0.34% 2038 3,757,045 5,714,967,003 0.0667 -0.10%0.20%5,689,775,507 0.0670 -0.10%0.20% 2039 2,183,307 5,772,116,673 0.0384 -0.07%0.09%5,746,673,262 0.0386 -0.07%0.09% 2040 1,854,475 5,829,837,839 0.0323 -0.03%0.04%5,804,139,994 0.0324 -0.03%0.04% 2041 1,532,602 5,888,136,218 0.0264 -0.01%0.01%5,862,181,394 0.0265 -0.01%0.01% 2042 502,841 5,947,017,580 0.0086 -0.00%0.00%5,920,803,208 0.0086 -0.00%0.00% 143,692,893$1,239,515$1,417,329$ 11.0% Homestead Exemption 11.5% Homestead Exemption (1) Includes current debt service anticipated to be repaid solely with I&S revenues as well as debt service from projected annual issuances for FY's 2017-2022. Preliminary, subject to change. Item 8 Town of Prosper Estimated Impact of Increase to Local Homestead Exemption (as of 6.6.2017) Projected Taxable Calculated $ Amount Tax-Backed Total Taxable Calculated $ Amount Tax-Backed Total Net GO Assessed I&S Tax Over Debt to Debt to Assessed I&S Tax Over Debt to Debt to FYE Debt Service (1)Valuation Rate $0.1525 TAV TAV Valuation Rate $0.1525 TAV TAV 2017 3,879,486$ 2018 4,533,864 2,903,249,591$0.1585$172,820$2.36%3.78%2,890,338,281$0.1593$192,214$2.37%3.80% 2019 5,079,932 3,251,639,541 0.1586 195,563 2.15%4.44%3,237,178,874 0.1593 217,285 2.16%4.46% 2020 5,585,857 3,576,803,495 0.1585 213,051 1.99%4.18%3,560,896,761 0.1593 236,944 2.00%4.20% 2021 6,034,082 3,862,947,775 0.1586 231,451 2.06%4.18%3,845,768,502 0.1593 257,257 2.07%4.20% 2022 6,517,282 4,171,983,598 0.1586 250,441 1.96%3.83%4,153,429,983 0.1593 278,311 1.97%3.84% 2023 6,777,554 4,338,862,942 0.1586 260,039 1.81%3.50%4,319,567,182 0.1593 289,024 1.82%3.52% 2024 7,049,993 4,512,417,459 0.1586 271,778 1.65%3.19%4,492,349,870 0.1593 301,922 1.66%3.20% 2025 7,061,727 4,692,914,158 0.1528 12,383 1.51%2.89%4,672,043,865 0.1535 43,733 1.51%2.90% 2026 7,243,732 4,833,701,582 0.1521 -1.37%2.62%4,812,205,180 0.1528 15,199 1.38%2.64% 2027 7,407,510 4,978,712,630 0.1510 -1.24%2.37%4,956,571,336 0.1517 -1.24%2.38% 2028 7,443,103 5,128,074,009 0.1474 -1.11%2.12%5,105,268,476 0.1480 -1.11%2.13% 2029 7,433,741 5,179,354,749 0.1457 -0.99%1.91%5,156,321,161 0.1464 -1.00%1.92% 2030 7,169,931 5,231,148,296 0.1391 -0.89%1.70%5,207,884,372 0.1398 -0.89%1.71% 2031 7,163,402 5,283,459,779 0.1376 -0.78%1.49%5,259,963,216 0.1383 -0.78%1.50% 2032 7,165,906 5,336,294,377 0.1363 -0.66%1.28%5,312,562,848 0.1369 -0.67%1.28% 2033 6,890,697 5,389,657,321 0.1298 -0.55%1.07%5,365,688,477 0.1304 -0.56%1.07% 2034 6,611,054 5,443,553,894 0.1233 -0.45%0.87%5,419,345,361 0.1238 -0.45%0.87% 2035 6,551,430 5,497,989,433 0.1210 -0.34%0.68%5,473,538,815 0.1215 -0.34%0.68% 2036 5,655,116 5,552,969,327 0.1034 -0.24%0.50%5,528,274,203 0.1039 -0.24%0.51% 2037 4,607,224 5,608,499,020 0.0834 -0.17%0.35%5,583,556,945 0.0838 -0.17%0.35% 2038 3,757,045 5,664,584,011 0.0673 -0.10%0.20%5,639,392,515 0.0676 -0.10%0.20% 2039 2,183,307 5,721,229,851 0.0387 -0.07%0.10%5,695,786,440 0.0389 -0.07%0.10% 2040 1,854,475 5,778,442,149 0.0326 -0.03%0.04%5,752,744,304 0.0327 -0.04%0.04% 2041 1,532,602 5,836,226,571 0.0267 -0.01%0.01%5,810,271,747 0.0268 -0.01%0.01% 2042 502,841 5,894,588,836 0.0087 -0.00%0.00%5,868,374,465 0.0087 -0.00%0.00% 143,692,893$1,607,527$1,831,889$ 12.0% Homestead Exemption 12.5% Homestead Exemption (1) Includes current debt service anticipated to be repaid solely with I&S revenues as well as debt service from projected annual issuances for FY's 2017-2022. Preliminary, subject to change. Item 8 PRELIMINARY TAX ASSESSED VALUES based on 6/12 data based on 6/12 data based on 6/12 data based on 6/12 data 2017 2017 2017 2017 8%5%8%5% 1. 2016 Total taxable value. Enter the amount of taxable value on the tax roll today. Include any adjustments since last year's certification; exclude Tax Code Section 25.25(d) one-third over- appraisal corrections from these adjustments. This total includes the taxable value of homesteads with tax ceilings (will deduct in Line 2) and the captured value for tax increment financing (will deduct taxes in Line 14).1 $2,723,375,730 $2,723,375,730 $2,723,375,730 $2,723,375,730 2. 2016 Tax ceilings. Counties, cities and junior college districts. Enter total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision or a prior year for homeowners age 65 or older or disabled, use this step.2 $198,168,093 $198,168,093 $198,168,093 $198,168,093 3. Preliminary 2016 adjusted taxable value. Subtract Line 2 from Line 1.$2,525,207,637 $2,525,207,637 $2,525,207,637 $2,525,207,637 4. 2016 Total adopted tax rate.$0.520000/$100 $0.520000/$100 $0.520000/$100 $0.520000/$100 5. 2016 Taxable value lost because court appeals of ARB decisions reduced appraised value. A. Original 2016 ARB Values.$0 $0 $0 $0 B. 2016 Values resulting from final court decisions.$0 $0 $0 $0 C. 2016 Value loss. Subtract B from A.3 $0 $0 $0 $0 6. Taxable value, adjusted for court-ordered reductions. Add Line 3 and Line 5C.$2,525,207,637 $2,525,207,637 $2,525,207,637 $2,525,207,637 7. 2016 Taxable value of property in territory the taxing unit deannexed after Jan. 1. Enter the value of property in deannexed territory.4 $0 $0 $0 $0 8. 2016 Taxable value lost because property first qualified for an exemption in current year. Note that lowering the amount or percentage of an existing exemption does not create a new exemption or reduce taxable value. If the taxing unit increased an original exemption, use the difference between the original exempted amount and the increased exempted amount. Do not include value lost to freeport or goods-in-transit exemptions. A. Absolute exemptions. Use market value:$13,330,641 $13,330,641 $13,330,641 $13,330,641 B. Partial exemptions. Exemption amount or percentage exemption times value:$19,070,486 $19,070,486 $19,070,486 $19,070,486 C. Value loss. Add A and B.5 $32,401,127 $32,401,127 $32,401,127 $32,401,127 9. 2016 Taxable value lost because property first qualified for agricultural appraisal (1-d or 1-d-1), timber appraisal, recreational/scenic appraisal or public access airport special appraisal. Use only properties that qualified for the first time; do not use properties that qualified in prior year. A. 2016 Market value:$0 $0 $0 $0 B. 2017 Productivity or special appraised value:$0 $0 $0 $0 C. Value loss. Subtract B from A.6 $0 $0 $0 $0 10. Total adjustments for lost value. Add lines 7, 8C and 9C.$32,401,127 $32,401,127 $32,401,127 $32,401,127 11. 2016 Adjusted taxable value. Subtract Line 10 from Line 6.$2,492,806,510 $2,492,806,510 $2,492,806,510 $2,492,806,510 12. Adjusted 2016 taxes. Multiply Line 4 by Line 11 and divide by $100.$12,962,594 $12,962,594 $12,962,594 $12,962,594 13. Taxes refunded for years preceding tax year 2016. Enter the amount of taxes refunded by the taxing unit for tax years preceding tax year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for prior tax year. This line applies only to tax years preceding tax year.7 $5,804 $5,804 $5,804 $5,804 14. Taxes in tax increment financing (TIF) for tax year 2016. Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no captured appraised value in Line 16D, enter 0.8 $368,324 $368,324 $368,324 $368,324 10% Homestead Exemption7.5 % Homestead Exemption Item 8 PRELIMINARY TAX ASSESSED VALUES based on 6/12 data based on 6/12 data based on 6/12 data based on 6/12 data 2017 2017 2017 2017 8%5%8%5% 10% Homestead Exemption7.5 % Homestead Exemption 15. Adjusted 2016 taxes with refunds and TIF adjustment. Add Lines 12 and 13, subtract Line 14.9 $12,600,074 $12,600,074 $12,600,074 $12,600,074 16. Total 2017 taxable value on the 2017 certified appraisal roll today. This value includes only certified values and includes the total taxable value of homesteads with tax ceilings (will deduct in Line 18). These homesteads include homeowners age 65 or older or disabled.10 A. Certified values:$3,095,072,699 $3,095,072,699 $3,040,641,976 $3,040,641,976 B. Counties: Include railroad rolling stock values certified by the Comptroller's office:$0 $0 $0 $0 C. Pollution control exemption: Deduct the value of property exempted for the current tax year for the first time as pollution control property:$0 $0 $0 $0 D. Tax increment financing: Deduct the captured appraised value of property taxable by a taxing unit in a tax increment financing zone for which the taxes will be deposited into the tax increment fund. Do not include any new property value that will be included in Line 21 below.11 $31,757,609 $31,757,609 $31,757,609 $31,757,609 E. Total 2017 value. Add A and B, then subtract C and D.$3,063,315,090 $3,063,315,090 $3,008,884,367 $3,008,884,367 17. Total value of properties under protest or not included on certified appraisal roll.12 A. 2017 Taxable value of properties under protest. The chief appraiser certifies a list of properties still under ARB protest. The list shows the appraisal district's value and the taxpayer's claimed value, if any, or an estimate of the value if the taxpayer wins. For each of the properties under protest, use the lowest of these values. Enter the total value.13 $194,673,297 $194,673,297 $194,673,297 $194,673,297 B. 2017 Value of properties not under protest or included on certified appraisal roll. The chief appraiser gives taxing units a list of those taxable properties that the chief appraiser knows about, but are not included in the appraisal roll certification. These properties also are not on the list of properties that are still under protest. On this list of properties, the chief appraiser includes the market value, appraised value and exemptions for the preceding year and a reasonable estimate of the market value, appraised value and exemptions for the current year. Use the lower market, appraised or taxable value (as appropriate). Enter the total value.14 $0 $0 $0 $0 C. Total value under protest or not certified: Add A and B.$194,673,297 $194,673,297 $194,673,297 $194,673,297 18. 2017 Tax ceilings. Counties, cities and junior colleges enter total taxable value of homesteads with tax ceilings. These include the homesteads of homeowners age 65 or older or disabled. Other taxing units enter 0. If your taxing units adopted the tax ceiling provision a prior year for homeowners age 65 or older or disabled, use this step.15 $237,791,728 $237,791,728 $237,791,728 $237,791,728 19. 2017 Total taxable value. Add Lines 16E and 17C. Subtract Line 18.$3,020,196,659 $3,020,196,659 $2,965,765,936 $2,965,765,936 20. Total 2017 taxable value of properties in territory annexed after Jan. 1. Include both real and personal property. Enter the value of property in territory annexed.16 $20,500 $20,500 $20,500 $20,500 21. Total 2017 taxable value of new improvements and new personal property located in new improvements. New means the item was not on the appraisal roll in prior year. An improvement is a building, structure, fixture or fence erected on or affixed to land. New additions to existing improvements may be included if the appraised value can be determined. New personal property in a new improvement must have been brought into the taxing unit after Jan. 1, and be located in a new improvement. New improvements do include property on which a tax abatement agreement has expired.17 $368,098,234 $368,098,234 $368,098,234 $368,098,234 change effected by 2.5% increase in homestead exmeption Item 8 PRELIMINARY TAX ASSESSED VALUES based on 6/12 data based on 6/12 data based on 6/12 data based on 6/12 data 2017 2017 2017 2017 8%5%8%5% 10% Homestead Exemption7.5 % Homestead Exemption 22. Total adjustments to the 2017 taxable value. Add Lines 20 and 21.$368,118,734 $368,118,734 $368,118,734 $368,118,734 23. 2017 Adjusted taxable value. Subtract Line 22 from Line 19.$2,652,077,925 $2,652,077,925 $2,597,647,202 $2,597,647,202 24. 2017 Effective tax rate. Divide Line 15 by Line 23 and multiply by $100.18 0.475101947 0.475101947 0.485057164 0.485057164 25. COUNTIES ONLY. Add together the effective tax rates for each type of tax the county levies. The total is the county effective tax rate.19 26. 2016 Maintenance and operations (M&O) tax rate.0.3675 0.3675 0.3675 0.3675 27. 2016 Adjusted taxable value. Enter the amount from Line 11.$2,492,806,510 $2,492,806,510 $2,492,806,510 $2,492,806,510 28. 2016 M&O taxes. A. Multiply Line 26 by Line 27 and divide by $100.$9,161,064 $9,161,064 $9,161,064 $9,161,064 B. Cities, counties and hospital districts with additional sales tax: Amount of additional sales tax collected and spent on M&O expenses. Enter amount from full year's sales tax revenue spent for M&O prior fiscal year, if any. Other taxing units enter 0. Counties exclude any amount that was spent for economic development grants from the amount of sales tax spent.$1,591,128 $1,591,128 $1,591,128 $1,591,128 C. Counties: Enter the amount for the state criminal justice mandate. If second or later year, the amount is for increased cost above last year's amount. Other taxing units enter 0.$0 $0 $0 $0 D. Transferring function: If discontinuing all of a department, function or activity and transferring it to another taxing unit by written contract, enter the amount spent by the taxing unit discontinuing the function in the 12 months preceding the month of this calculation. If the taxing unit did not operate this function for this 12-month period, use the amount spent in the last full fiscal year in which the taxing unit operated the function. The taxing unit discontinuing the function will subtract this amount in H below. The taxing unit receiving the function will add this amount in H below. Other taxing units enter 0.$0 $0 $0 $0 E. Taxes refunded for years preceding prior tax year: Enter the amount of M&O taxes refunded in the preceding year for taxes before that year. Types of refunds include court decisions, Tax Code Section 25.25(b) and (c) corrections and Tax Code Section 31.11 payment errors. Do not include refunds for tax year from prior year. This line applies only to tax years preceding tax year.$5,804 $5,804 $5,804 $5,804 F. Enhanced indigent health care expenditures: Enter the increased amount for the current year's enhanced indigent health care expenditures above the preceding tax year's enhanced indigent health care expenditures, less any state assistance.$0 $0 $0 $0 G. Taxes in TIF: Enter the amount of taxes paid into the tax increment fund for a reinvestment zone as agreed by the taxing unit. If the taxing unit has no captured appraised value in Line 16D, enter 0.$241,479 $241,479 $241,479 $241,479 H. Adjusted M&O Taxes. Add A, B, C, E and F. For unit with D, subtract if discontinuing function and add if receiving function. Subtract G.$10,516,517 $10,516,517 $10,516,517 $10,516,517 29. 2017 Adjusted taxable value. Enter Line 23 from the Effective Tax Rate Worksheet.$2,652,077,925 $2,652,077,925 $2,597,647,202 $2,597,647,202 30. 2017 Effective maintenance and operations rate. Divide Line 28H by Line 29 and multiply by $100.0.39653876 0.39653876 0.404847776 0.404847776 31. 2017 Rollback maintenance and operation rate. Multiply Line 30 by 1.08.0.428261861 0.416365698 0.437235598 0.425090165 32. Total 2017 debt to be paid with property taxes and additional sales tax revenue. Item 8 PRELIMINARY TAX ASSESSED VALUES based on 6/12 data based on 6/12 data based on 6/12 data based on 6/12 data 2017 2017 2017 2017 8%5%8%5% 10% Homestead Exemption7.5 % Homestead Exemption "Debt" means the interest and principal that will be paid on debts that: (1) are paid by property taxes, (2) are secured by property taxes, (3) are scheduled for payment over a period longer than one year and (4) are not classified in the taxing unit's budget as M&O expenses. A. Debt also includes contractual payments to other taxing units that have incurred debts on behalf of this taxing unit, if those debts meet the four conditions above. Include only amounts that will be paid from property tax revenue. Do not include appraisal district budget payments. List the debt in Schedule B: Debt Service.$4,533,864 $4,533,864 $4,533,864 $4,533,864 B. Subtract unencumbered fund amount used to reduce total debt.$0 $0 $0 $0 C. Subtract amount paid from other resources.$0 $0 $0 $0 D. Adjusted debt. Subtract B and C from A.$4,533,864 $4,533,864 $4,533,864 $4,533,864 33. Certified 2016 excess debt collections. Enter the amount certified by the collector.$0 $0 $0 $0 34. Adjusted 2017 debt. Subtract Line 33 from Line 32D.$4,533,864 $4,533,864 $4,533,864 $4,533,864 35. Certified 2017 anticipated collection rate. Enter the rate certified by the collector. If the rate is 100 percent or greater, enter 100 percent.100.00%100.00%100.00%100.00% 36. 2017 Debt adjusted for collections. Divide Line 34 by Line 35 $4,533,864 $4,533,864 $4,533,864 $4,533,864 37. 2017 Total taxable value. Enter the amount on Line 19.$3,020,196,659 $3,020,196,659 $2,965,765,936 $2,965,765,936 38. 2017 Debt tax rate. Divide Line 36 by Line 37 and multiply by $100.0.150118171 0.150118171 0.152873291 0.152873291 39. 2017 Rollback tax rate. Add Lines 31 and 38.0.578380033 0.56648387 0.590108889 0.577963456 40. COUNTIES ONLY. Add together the rollback tax rates for each type of tax the county levies. The total is the county rollback tax rate. 41. Taxable Sales. For taxing units that adopted the sales tax in November or May, enter the Comptroller's estimate of taxable sales for the previous four quarters.1 Taxing units that adopted the sales tax before November, skip this line.$0 $0 $0 $0 42. Estimated sales tax revenue. Counties exclude any amount that is or will be spent for economic development grants from the amount of estimated sales tax revenue.2 Taxing units that adopted the sales tax in November or in May. Multiply the amount on Line 41 by the sales tax rate (.01, .005 or .0025, as applicable) and multiply the result by .95.3 $1,591,128 $1,591,128 $1,591,128 $1,591,128 - or - Taxing units that adopted the sales tax before November. Enter the sales tax revenue for the previous four quarters. Do not multiply by .95. 43. 2017 Total taxable value. Enter the amount from Line 37 of the Rollback Tax Rate Worksheet.$3,020,196,659 $3,020,196,659 $2,965,765,936 $2,965,765,936 44. Sales tax adjustment rate. Divide Line 42 by Line 43 and multiply by $100.0.052682927 0.052682927 0.053649817 0.053649817 45. 2017 Effective tax rate, unadjusted for sales tax. Enter the rate from Line 24 or 25, as applicable, on the Effective Tax Rate Worksheet.0.475101947 0.475101947 0.485057164 0.485057164 46. 2017 Effective tax rate, adjusted for sales tax.4 Taxing units that adopted the sales tax in November or in May. Subtract Line 44 from Line 45. Skip to Line 47 if you adopted the additional sales tax before November.0.42241902 0.42241902 0.431407347 0.431407347 47. 2017 Rollback tax rate, unadjusted for sales tax.5 Enter the rate from Line 39 or 40, as applicable, of the Rollback Tax Rate Worksheet.0.578380033 0.56648387 0.590108889 0.577963456 Item 8 PRELIMINARY TAX ASSESSED VALUES based on 6/12 data based on 6/12 data based on 6/12 data based on 6/12 data 2017 2017 2017 2017 8%5%8%5% 10% Homestead Exemption7.5 % Homestead Exemption 48. 2017 Rollback tax rate, adjusted for sales tax. Subtract Line 44 from Line 47.0.525697106 0.513800943 0.536459072 0.524313639 2017 Rollback Tax Rate 0.525697$ 0.513801$ 0.536459$ 0.524314$ 2017 Adopted Tax Rate 0.520000$ 0.520000$ 0.520000$ 0.520000$ Amount of the Rollback Tax Rate Reduction 0.005697$ (0.006199)$ 0.016459$ 0.004314$ 2017 Taxable Value 3,020,196,659$ 3,020,196,659$ 2,965,765,936$ 2,965,765,936$ Lost Revenue (187,224)$ 8%5%8%5% 10% Homestead Exemption7.5 % Homestead Exemption Item 8 Page 1 of 3 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 27, 2017 Agenda Item: Consider and act upon a request for a Façade Exception for the Gates of Prosper (Dick’s Sporting Goods/Field & Stream), located on the northwest corner of US 380 and Lovers Lane. (MD17-0003). Description of Agenda Item: At the July 12, 2016, meeting, the Town Council approved a Façade Exception for the Gates of Prosper (Dick’s Sporting Goods/Field & Stream), included as Attachment 2. The approved plan does not depict the location of the rooftop mechanical equipment and indicates the mechanical equipment will be screened, as required by the Zoning Ordinance. The Zoning Ordinance requires all mechanical equipment to be screened from view at a point six (6) feet above ground level at the property line. If a parapet does not accomplish this screening, a screening wall equal to the height of the equipment shall be provided, to be constructed of clay-fired brick masonry units or other suitable permanent materials which do not contain openings constituting more than forty (40) square inches in each one square foot of wall or fence surface. In conjunction with routine Zoning compliance inspections of commercial construction, Town staff identified the installation of rooftop mechanical equipment which were not screened in accordance with the Zoning Ordinance, and notified the general contractor accordingly. The applicant is seeking a Façade Exception for Dick’s Sporting Goods/Field & Stream to allow for an alternative type of device to screen the rooftop mechanical equipment, since the parapet wall does not achieve the required screening. The applicant is proposing to utilize 26-gauge steel with SmartKote Cool Coating devices painted in Surrey Beige to screen the rooftop mechanical equipment. As noted in the attached request letter from the applicant, this request is necessitated by the existing topography of the site. The property lines are sixteen (16) feet higher than the finished floor elevation of the building, which cause the rooftop mechanical equipment to become visible. Prosper is a place where everyone matters. PLANNING Item 9 Page 2 of 3 The following is the view of the front of the building from the north: The following is the view from Lovers Lane on the east side of the building: In considering an exception to the required masonry requirements, the Planning & Zoning Commission and Town Council may consider whether a proposed alternate material: (a) is a unique architectural expression; (b) includes unique building styles and materials; Item 9 Page 3 of 3 (c) is consistent with high quality development; (d) is or would be visually harmoniousness with existing or proposed nearby buildings; (e) has obvious merit based upon the quality and durability of the materials; and (f) represents an exterior building material that is in keeping with the intent of this chapter to balance the above mentioned objectives. Please reference the attached letter from the applicant addressing the aforementioned criteria in support of the request. Attachments: 1. Location Map 2. Approved Façade and Site Plans 3. Proposed Façade Plan 4. Screening Exhibits 5. Request Letter Planning & Zoning Commission Recommendation: At their June 6, 2017, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 5-0. Town Staff Recommendation: Town staff recommends that the Planning & Zoning Commission consider and act upon a request for a Façade Exception for the Gates of Prosper (Dick’s Sporting Goods/Field & Stream). Proposed Motion: I move to ________ (approve or deny) the request for a façade exception for the Gates of Prosper (Dick’s Sporting Goods/Field & Stream). Item 9 UNIVERSITY DR PR E S T O N R D RIC H L A N D B L V D LO V E R S L N LANCER LN WHISTLER LN MY S T I C W A Y H A W T H O R N D R DR E X E L L N STRATFORD DR MD17-0003 ±0 180 360 54090Feet Item 9 45 ' - 0 " SIGN ME T A L A C C E N T SI G N CO R N I C E GL - 1 WD - 5 6 WD - 5 6 WD - 5 7 ST - 1 ST - 1 MT - 5 5 ST-1 CMU-1 BRK-1 CTC-2CTC-1CORNICEP-51 WD - 5 5 1 7 ' - 0 " 8 ' - 0 " 17' - 0"8' - 0" MT - 6 3 CO P I N G MT - 6 3 CO P I N G MT-63 WD - 5 5 CTC-1 T/ M A S O N R Y 25 ' - 0 " T/ MASONRY 45' - 0" GL - 2 GL - 2 1 8 ' - 0 " 20' - 8"ST-1 ST - 1 ST - 1 WD - 5 6 . WD - 5 5 45' - 0"CORNICE WD-56 ST-1 ST-1 MT-55CTC-3 CT C - 3 16' - 4"8' - 6" 2 5 ' - 0 " MT-63COPING 25' - 4"20' - 8"ST-1 ST-1 ST-1 ST-1MT-63 4' - 0 " 10 ' - 0 " 15 ' - 1 1 / 2 " 8' - 7 " 15 ' - 1 1 / 2 " 8' - 7 " 2' - 6 " 6' - 0 " 41 ' - 0 " 6' - 0 " 2' - 6 " 8' - 4 " 15 ' - 1 1 / 2 " 8' - 4 1 / 2 " 15 ' - 1 0 " 8' - 4 " 4' - 0 " 4' - 0 " 29 ' - 2 1 / 2 " 4' - 0"30' - 0"4' - 0"17' - 0"4' - 8"49' - 5"4' - 8"17' - 0"4' - 0"30' - 0"4' - 0"24' - 4"4' - 0"6' - 0"TYP.1' - 3 1/2" 4 ' - 1 0 " 1 ' - 2 " T Y P . 1 ' - 6 " 4 ' - 0 " 61 ' - 5 " 58 ' - 0 " 60 ' - 0 " 88' - 3"58' - 9"82' - 1" 17 8 ' - 0 " 229' - 0"4' - 0"28' - 7 1/2"4' - 0"26' - 0"4' - 0"26' - 0"4' - 0"26' - 0"4' - 0"26' - 0"4' - 0"30' - 0"4' - 0"4' - 0"4' - 0"TYP.1' - 3" 3' - 1 0 " 8' - 0 " 4' - 2 " 8' - 0"2' - 0" 26 ' - 0 " 188' - 0" 2 3 4 1 1 8 8 ' - 0 " 2 4 ' - 8 " 40 7 ' - 0 " 1 8 8 ' - 0 " 2 4 ' - 8 " www.FRCH.com 311 Elm Street | Suite 600 | Cincinnati, OH 45202 Telephone 513.241.3000 | Facsimile 513.241.5015Contact Information Sheet Issue Information Sheet Information © 2012 This drawing, printed or otherwise, is the copyrighted property of FRCH Design Worldwide and FRCH/Architecture, Inc., P.C. The drawing may not be used, reproduced or copied without the permission of FRCH Design Worldwide or FRCH/Architecture, Inc., P.C.TitleDrawn By:IssuedArchitecturep: (513) 241-3000Ownerp: (724) 273-3400 Dick's Sporting Goods 3 4 5 Court Street Coraopolis, PA 15108 FRCH Architecture Inc.311 Elm Street, Suite 600 Cincinnati, OH 45202 Project No.Interior Design p: (513) 241-3000 FRCH Design Worldwide 3 1 1 Elm Street, Suite 600 Cincinnati, OH 45202FRCH/Architecture, Inc., P.C.GATES OF PROSPER LOT-4 BLOCK-A PROSPER, TX32732.000 / #4622 EXTERIOR ELEVATIONSA. FUGAZZI 003aBRK-1 REFER TO SPECIFICATION SECTION 04200 FOR ACCEPTABLE MANUFACTURERS. MORTAR - ARGOS #127 ST-1 MANUFACTURER: CENTURIAN STONE - PATTERN #040 PALOS VERDE - COLOR: #786 ASPEN.GL-1 AMBER COLORED GLASS GL-2 CLEAR GLASS w/ GRAPHIC IMAGE WD-55 MANUFACTURER: ARRIGONI WOODS - RECLAIMED MATERIAL SUNBURNT SIDING - FINISH: NATURAL WD-56 MANUFACTURER: ARRIGONI WOODS - RECLAIMED MATERIAL SUNBURNT SIDING - FINISH: STAINED WD-57 MANUFACTURER: WESTERN WOOD PRODUCTS ASSOCIATION - 2x8 QTR LOG CABIN SIDING w/ REVEAL; PERMA-CHINK-BEIGE #216 - FINISH: STAINED MT-55 MANUFACTURER: INNOVATIVE POWDER COATINGS - PRODUCT: TRANS BLACK G50 MT-63 METAL ACM/COPING - COLOR: HARTFORD GREEN CMU-1 SMOOTH-FACE CENTER SCORED MASONRY UNIT. STAIN TO MATCH SW 0028 CAEN STONE CTC-1 CONCRETE TILT-UP WALL w/ TEXTURED COATING. COLOR TO MATCH SW 0028 CAEN STONE CTC-2 CONCRETE TILT-UP WALL w/ SMOOTH COATING. COLOR TO MATCH P-52 DSG BELDON CTC-3 CONCRETE TILT-UP WALL w/ TEXTURED COATING. COLOR TO MATCH BENJAMIN MOORE HC-124 CALDWELL GREEN P-124 MANUFACTURER:SHERWIN WILLIAMS - COLOR: TO MATCH DUNN EDWARDS DE6399 MOLASSES LRV 7 - FINISH: SATIN P-152 MANUFACTURER: SHERWIN WILLIAMS - COLOR: FS CUSTOM ORANGE PMS 158CFINISH SCHEDULE PRIMARY MATERIALS ST-1 = 2,215 sq. ft.21%CTC-1 = 2,845 sq. ft.27%BRK-1 = 945 sq. ft.9%SECONDARY MATERIALS WD-55 = 695 sq. ft.7%WD-56 = 765 sq. ft.7%WD-57 = 1,080 sq. ft. 10%GL-1 = 375 sq. ft. 4%GL-2 = 310 sq. ft.3%MT-55 = 125 sq. ft. 1%MT-63 = 1,200 sq. ft. 11%1. N O R T H ( F R O N T ) E L E V A T I O N TOTAL ELEVATION AREA = 11,935 sq. ft.WINDOWS AND DOORS AREA = 1,380 sq. ft.NET ELEVATION AREA = 10,555 sq. ft.PRIMARY MATERIALS ST-1 = 1,815 sq. ft. 36%CTC-3 = 2,960 sq. ft. 58%SECONDARY MATERIALS WD-56 = 195 sq. ft. 4%MT-55 = 110 sq. ft. 2%2. E A S T ( S I D E ) E L E V A T I O N TOTAL ELEVATION AREA = 5,225 sq. ft.WINDOWS AND DOORS AREA = 145 sq. ft.NET ELEVATION AREA = 5,080 sq. ft.# Description Date 1 SITE PLAN S U BMITTAL05.09.2016 2 UPDATE 05.24.2016 3 UPDATE 06.01.2016 4 UPDATE 06.22.2016 SCALE: 1/16" = 1'-0"SCALE: 1/16" = 1'-0" • “ T h i s F a c a d e P l a n i s f o r c o n c e p t u a l p u r p o s e s o n l y . A l l b u i l d i n g p l a n s r e q u i r e r e v i e w a n d a p p r o v a l fr o m t h e B u i l d i n g I n s p e c t i o n D e p a r t m e n t ” • " A l l m e c h a n i c a l e q u i p m e n t s h a l l b e s c r e e n e d f r o m p u b l i c v i e w i n a c c o r d a n c e w i t h t h e Z o n i n g Or d i n a n c e " • “ W h e n p e r m i t t e d , e x p o s e d u t i l i t y b o x e s a n d c o n d u i t s s h a l l b e p a i n t e d t o m a t c h t h e b u i l d i n g ” • " A l l s i g n a g e a r e a s a n d l o c a t i o n s a r e s u b j e c t t o a p p r o v a l b y t h e B u i l d i n g I n s p e c t i o n s D e p a r t m e n t " • “ W i n d o w s s h a l l h a v e a m a x i m u m e x t e r i o r v i s i b l e r e f l e c t i v i t y o f t e n ( 1 0 ) p e r c e n t . ” • “ E n t r a n c e e l e m e n t s a b o v e 2 5 ' h e i g h t a r e n o n - h a b i t a b l e e l e m e n t s i n t e g r a l t o t h e b u i l d i n g d e s i g n . ” FA C A D E P L A N C H E C K L I S T N KE Y P L A N Block A, Lot 4 7/ 1 2 / 2 0 1 6 To w n C o u n c i l F a ç a d e Ex c e p t i o n A p p r o v e d Item 9 CO R N I C E P- 5 1 ST - 1 ST - 1 MT - 5 5 ST-1 CT C - 3 SI G N SI G N MT - 5 5 CM U - 1 ST A I N - 1 BR K - 1 CT C - 1 P-124 OR A N G E P A I N T P- 1 5 2 CORNICE WD-56 CT C - 3 ST - 1 MT - 5 5 8 ' - 0 " 1 7 ' - 0 " 2 5 ' - 0 " 8' - 0"17' - 0"25' - 0" MT - 6 3 CO P I N G MT - 6 3 CO P I N G CT C - 1 EL = 27 ' - 0 " A F F ST - 1 ST - 1 MT - 5 5 ST - 1 BR K - 1 BR K - 1 ST-1 ST-1 1 4 ' - 0 " 1 4 ' - 0 " ST-1 CMU-1 BRK-1 CTC-2CTC-1CORNICEP-51 CTC-1CORNICE P-51 MT-5525' - 0"8' - 0"16' - 10" 2 5 ' - 0 " 8 ' - 0 " 1 6 ' - 1 0 " MT-63COPING 80 ' - 0 " 92 ' - 3 3 / 4 " 40 ' - 0 " 27 ' - 1 5 / 8 " 4' - 0 " 30 ' - 0 " 4' - 0 " 30 ' - 0 " 4' - 0 " 30 ' - 0 " 4' - 0 " 4 ' - 0 " 1 ' - 4 " 1 ' - 4 " 2 6 ' - 0 " 2 6 ' - 0 " 4' - 0"1' - 4" LO A D I N G D O C K CO M P A C T O R 4' - 0"30' - 0"4' - 0"30' - 0"4' - 0"30' - 0"4' - 0" 30 ' - 0 " 4' - 0 " 44 ' - 8 7 / 8 " 4' - 0" 36 ' - 0 " 4' - 0 " 36 ' - 0 " 4' - 0 " 38 ' - 1 7 / 8 " 8' - 0 " 38 ' - 1 7 / 8 " 4' - 0 " 36 ' - 0 " 4' - 0 " 4' - 0"4' - 0"28' - 7 1/2"4' - 0"26' - 0"4' - 0"26' - 0" 4' - 0 " 26 ' - 0 " 4' - 0 " 26 ' - 0 " 4' - 0 " 30 ' - 0 " 4' - 0 " 4 ' - 0 " T Y P . 1 ' - 3 1 / 2 " 18 8 ' - 0 " 26' - 0" 2 3 4 1 40 7 ' - 0 " 2 4 ' - 8 " 1 8 8 ' - 0 " 1 8 8 ' - 0 " 2 4 ' - 8 " www.FRCH.com 311 Elm Street | Suite 600 | Cincinnati, OH 45202 Telephone 513.241.3000 | Facsimile 513.241.5015Contact Information Sheet Issue Information Sheet Information © 2012 This drawing, printed or otherwise, is the copyrighted property of FRCH Design Worldwide and FRCH/Architecture, Inc., P.C. The drawing may not be used, reproduced or copied without the permission of FRCH Design Worldwide or FRCH/Architecture, Inc., P.C.TitleDrawn By:IssuedArchitecturep: (513) 241-3000Ownerp: (724) 273-3400 Dick's Sporting Goods 345 Court Street Coraopolis, PA 15108 FRCH Architecture Inc.311 Elm Street, Suite 600 Cincinnati, OH 45202 Project No.Interior Design p: (513) 241-3000 FRCH Design Worldwide 311 Elm Street, Suite 600 Cincinnati, OH 45202FRCH/Architecture, Inc., P.C.GATES OF PROSPER LOT-4 BLOCK-A PROSPER, TX32732.000 / #4622 EXTERIOR ELEVATIONSA. F U G A Z Z I 003b 4. W E S T ( S I D E ) E L E V A T I O N BR K - 1 RE F E R T O S P E C I F I C A T I O N S E C T I O N 0 4 2 0 0 F O R A C C E P T A B L E M A N U F A C T U R E R S . M O R T A R - A R G O S # 1 2 7 ST - 1 MA N U F A C T U R E R : C E N T U R I A N S T O N E - P A T T E R N # 0 4 0 P A L O S V E R D E - C O L O R : # 7 8 6 A S P E N . GL - 1 AM B E R C O L O R E D G L A S S GL - 2 CL E A R G L A S S w / G R A P H I C I M A G E WD - 5 5 MA N U F A C T U R E R : A R R I G O N I W O O D S - R E C L A I M E D M A T E R I A L S U N B U R N T S I D I N G - F I N I S H : N A T U R A L WD - 5 6 MA N U F A C T U R E R : A R R I G O N I W O O D S - R E C L A I M E D M A T E R I A L S U N B U R N T S I D I N G - F I N I S H : S T A I N E D WD - 5 7 MA N U F A C T U R E R : W E S T E R N W O O D P R O D U C T S A S S O C I A T I O N - 2 x 8 Q T R L O G C A B I N S I D I N G w / R E V E A L ; P E R M A - C H I N K - B E I G E # 2 1 6 - F I N I S H : S T A I N E D MT - 5 5 MA N U F A C T U R E R : I N N O V A T I V E P O W D E R C O A T I N G S - P R O D U C T : T R A N S B L A C K G 5 0 MT - 6 3 ME T A L A C M / C O P I N G - C O L O R : H A R T F O R D G R E E N CM U - 1 SM O O T H - F A C E C E N T E R S C O R E D M A S O N R Y U N I T . S T A I N T O M A T C H S W 0 0 2 8 C A E N S T O N E CT C - 1 CO N C R E T E T I L T - U P W A L L w / T E X T U R E D C O A T I N G . C O L O R T O M A T C H S W 0 0 2 8 C A E N S T O N E CT C - 2 CO N C R E T E T I L T - U P W A L L w / S M O O T H C O A T I N G . C O L O R T O M A T C H P - 5 2 D S G B E L D O N CT C - 3 CO N C R E T E T I L T - U P W A L L w / T E X T U R E D C O A T I N G . C O L O R T O M A T C H B E N J A M I N M O O R E H C - 1 2 4 C A L D W E L L G R E E N P- 1 2 4 MA N U F A C T U R E R : S H E R W I N W I L L I A M S - C O L O R : T O M A T C H D U N N E D W A R D S D E 6 3 9 9 M O L A S S E S L R V 7 - F I N I S H : S A T I N P- 1 5 2 MA N U F A C T U R E R : S H E R W I N W I L L I A M S - C O L O R : F S C U S T O M O R A N G E P M S 1 5 8 C FI N I S H S C H E D U L E PRIMARY MATERIALS ST-1 = 3,315 sq. ft.33%CTC-1 = 2,830 sq. ft. 28%CTC-3 = 3,700 sq. ft. 37%SECONDARY MATERIALS MT-55 = 200 sq. ft.2% 3. S O U T H ( R E A R ) E L E V A T I O N TO T A L E L E V A T I O N A R E A = 1 0 , 0 4 5 s q . f t . W I N D O W S A N D D O O R S A R E A = 0 s q . f t . NE T E L E V A T I O N A R E A = 1 0 , 0 4 5 s q . f t . N KE Y P L A N # Description Date 1 SITE PLAN SUBM ITTAL05.09.2016 2 UPDATE 05.24.2016 3 UPDATE 06.01.2016 4 UPDATE 06.22.2016 SCALE: 1/16" = 1'-0" • “ T h i s F a c a d e P l a n i s f o r c o n c e p t u a l p u r p o s e s o n l y . A l l b u i l d i n g p l a n s r e q u i r e r e v i e w a n d a p p r o v a l fr o m t h e B u i l d i n g I n s p e c t i o n D e p a r t m e n t ” • " A l l m e c h a n i c a l e q u i p m e n t s h a l l b e s c r e e n e d f r o m p u b l i c v i e w i n a c c o r d a n c e w i t h t h e Z o n i n g Or d i n a n c e " • “ W h e n p e r m i t t e d , e x p o s e d u t i l i t y b o x e s a n d c o n d u i t s s h a l l b e p a i n t e d t o m a t c h t h e b u i l d i n g ” • " A l l s i g n a g e a r e a s a n d l o c a t i o n s a r e s u b j e c t t o a p p r o v a l b y t h e B u i l d i n g I n s p e c t i o n s D e p a r t m e n t " • “ W i n d o w s s h a l l h a v e a m a x i m u m e x t e r i o r v i s i b l e r e f l e c t i v i t y o f t e n ( 1 0 ) p e r c e n t . ” • “ E n t r a n c e e l e m e n t s a b o v e 2 5 ' h e i g h t a r e n o n - h a b i t a b l e e l e m e n t s i n t e g r a l t o t h e b u i l d i n g d e s i g n . ” FA C A D E P L A N C H E C K L I S T SCALE: 1/16" = 1'-0"PRIMARY MATERIALS ST-1 = 1,195 sq. ft.24%CTC-1 = 3,014 sq. ft. 58%BRK-1 = 842 sq. ft. 16%SECONDARY MATERIALS MT-55 = 108 sq. ft.2% TO T A L E L E V A T I O N A R E A = 5 , 1 7 5 s q . f t . W I N D O W S A N D D O O R S A R E A = 16 sq. ft. NE T E L E V A T I O N A R E A = 5 , 1 5 9 s q . f t . Block A, Lot 4 07 / 1 2 / 2 0 1 6 To w n C o u n c i l F a ç a d e Ex c e p t i o n A p p r o v e d Item 9 00 50'100' GRAPHIC SCALE 50' ANY REVISION TO THIS PLAN WILL REQUIRE TOWN APPROVAL AND WILL REQUIRE REVISIONS TO ANY CORRESPONDING PLANS TO AVOID CONFLICTS BETWEEN PLANS. 1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION REGULATION ORDINANCE. 4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT 8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. ALL FENCES AND RETAINING WALLS SHALL BE CONSTRUCTED TO MATCH BUILDING. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14. SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE TOWN ENGINEER. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 20. ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OF EASEMENT. 21. IMPACT FEE WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME OF CO AND/OR FINISH. OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 1. NO FLOODPLAIN EXISTS ON THE SITE. 2. ALL DIMENSIONS ARE SHOWN TO FACE OF CURB UNLESS OTHERWISE NOTED. 3. FIRE LANES SHALL BE A MINIMUM OF 24' IN WIDTH WITH A 30' TURNING RADIUS. 4. FDCS SHALL BE PROVIDED IN ACCORDANCE WITH THE TOWN OF PROSPER STANDARDS. 5. TREES SHALL NOT BE LOCATED WITHIN PUBLIC EASEMENTS IN ACCORDANCE WITH TOWN STANDARDS. ORNAMENTAL TREES MAY BE LOCATED WITHIN THE 20' WATER EASEMENT (LOCATED ALONG THE NORTH SIDE OF THE 75' CITY OF IRVING EASEMENT) NO CLOSER THAN FOUR FEET (4') TO THE WATER LINE AND REQUIRING INSTALLATION OF A ROOT BARRIER. 6. FOUNDATION PLANTINGS TO BE PROVIDED IN ACCORDANCE WITH THE ZONING ORDINANCE. 7. NO TREES EXIST ON SITE. 8. DETENTION FOR THIS SITE IS PROVIDED ON BLOCK A, LOT 1. 9. IF OUTSIDE DISPLAY IS NEEDED OR REQUIRED AN SUP IS REQUIRED. 10. ALL PARKING SHALL BE WITHIN 350' OF THE BUILDING'S PUBLIC ENTRANCE. NOTES TOWN OF PROSPER SITE PLAN NOTES ENGINEER / SURVEYOR/ APPLICANT KIMLEY-HORN AND ASSOCIATES, INC. 5750 GENESIS COURT, SUITE 200 FRISCO, TX. 75034 PHONE (972) 335-3580 FAX (972) 335-3779 CONTACT: CHRISTOPHER LEPPERT, P.E. OWNER 380 & 289, LP 8000 WARREN PARKWAY FRISCO, TX. 75034 PHONE (972) 543-2412 CONTACT: SCOTT SHIP THE GATES OF PROSPER BLOCK A, LOT 4 CASE # D16-0051 13.369 ACRES BEN RENNISON SURVEY, ABSTRACT NO. 755 TOWN OF PROSPER, COLLIN COUNTY, TEXAS PREPARATION DATE: JUNE 02, 2016 SITE PLAN DEVELOPER BLUE STAR LAND 8000 WARREN PARKWAY FRISCO, TX 75034 PHONE (972) 543-2412 CONTACT: SCOTT SHIP N.T.S.VICINITY MAP SITE US HWY 380 (UNIVERSITY) S T A T E H W Y 2 8 9 (P R E S T O N ) D A L L A S P K W Y B U S . 2 8 9 (C O L E M A N ) F IRST ST L A C I M A TOWN OF PROSPER CITY OF FRISCO LEGEND PROPERTY LINE RICHLAND L O V E R S L NPROPOSED FIRE HYDRANT (FH) PROPOSED SEWER MANHOLE (MH) PROPOSED FIRE DEPT. CONNECTION (FDC) PROPOSED FIRE LANE / FIRE ACCESS, DRAINAGE, AND UTILITY EASEMENT (F.A.D.U.E.) PROPOSED CONTOUR I.D. WATER METER SCHEDULE TYPE SIZE NO.SAN. SEW. 1 DOMESTIC 2" 1 1-6" 2 2" 1 REMARKS PROPOSED PROPOSED1-6"DOMESTIC 06/07/2016 P&Z Conditional Approval Item 9 @ 824@824 45' - 0" SIGN METAL ACCENT SIGN CORNICE GL-1 WD-56 WD-56WD-57 ST-1ST-1 MT-55 ST-1CMU-1 BRK-1CTC-2 CTC-1 CORNICE P-51 WD-55 8' - 0 " MT-63 COPING MT-63 COPING MT-63 WD-55 CTC-1 T/ TILT-UP PANEL 25' - 0" . 45' - 0" GL-2 GL-2 20 ' - 8 " ST-1ST-1 WD-56. Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE'15' - 0"15' - 0"13' - 9"13' - 9" 3' - 5 " 3' - 3 " 3' - 3 " 3' - 4 " Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE' Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE' Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE' 45' - 0" CORNICE WD-56 ST-1ST-1 MT-55 CTC-3CTC-3 17 ' - 0 " 8' - 0 " MT-63 COPING ST-1ST-1 ST-1ST-1 MT-63 T/ TILT-UP PANEL 25' - 0" T/ TILT-UP PANEL 27' - 0" 13' - 9" 13' - 9" 3' - 0 " 1' - 3 " Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE' Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE' CTC-3 3' - 11"37' - 1 1/2"15' - 1 1/2"8' - 3"2' - 6"6' - 0"41' - 0"6' - 0"2' - 6"46' - 4"15' - 10"13' - 9"4' - 0"4' - 0"23' - 2 1/2"4' - 0"23' - 2"4' - 0"13' - 8"4' - 8"49' - 5"4' - 8"13' - 8"4' - 0"25' - 5"4' - 0"25' - 5 1/2"4' - 0" 4' - 1 0 " 1' - 2 " T Y P . 1 ' - 6 " 4 ' - 0 " 64' - 5"58' - 0"79' - 11"72' - 1"58' - 9"75' - 3" 201' - 0"206' - 0" 24' - 10"4' - 0"25' - 9 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 0"4' - 0" 4 ' - 0 " 3 ' - 1 1 " T Y P . 1 ' - 2 " 26' - 0" 2 3 4 1 2 6 ' - 0 " 2 1 3 ' - 1 0 " 407' - 0" www.FRCH.com 311 Elm Street | Suite 600 | Cincinnati, OH 45202 Telephone 513.241.3000 | Facsimile 513.241.5015 Contact Information Sheet Issue Information Sheet Information © 2 0 1 2 T h i s d r a w i n g , p r i n t e d o r o t h e r w i s e , i s t h e c o p y r i g h t e d p r o p e r t y o f F R C H D e s i g n W o r l d w i d e a n d F R C H /A r c h i t e c t u r e , I n c ., P .C . T h e d r a w i n g m a y n o t b e u s e d , r e p r o d u c e d o r c o p i e d w i t h o u t t h e p e r m i s s i o n o f F R C H D e s i g n W o r l d w i d e o r F R C H /A r c h i t e c t u r e , I n c ., P .C . Title Drawn By: Issued Architecture p: (513) 241-3000 Owner p: (724) 273-3400 Dick's Sporting Goods 345 Court Street Coraopolis, PA 15108 FRCH Architecture Inc. 311 Elm Street, Suite 600 Cincinnati, OH 45202 Project No. Interior Design p: (513) 241-3000 FRCH Design Worldwide 311 Elm Street, Suite 600 Cincinnati, OH 45202 FRCH/Architecture, Inc., P.C. G A T E S O F P R O S P E R 7 0 0 R i c h l a n d B o u l e v a r d P r o s p e r , T X 7 5 0 7 8 33279.000 / #4622 EXTERIOR ELEVATIONS A. FUGAZZI 003a BRK-1 REFER TO SPECIFICATION SECTION 04200 FOR ACCEPTABLE MANUFACTURERS. MORTAR - ARGOS #127 ST-1 MANUFACTURER: CENTURIAN STONE - PATTERN #040 PALOS VERDE - COLOR: #786 ASPEN. GL-1 AMBER COLORED GLASS GL-2 CLEAR GLASS w/ GRAPHIC IMAGE WD-55 MANUFACTURER: ARRIGONI WOODS - RECLAIMED MATERIAL SUNBURNT SIDING - FINISH: NATURAL WD-56 MANUFACTURER: ARRIGONI WOODS - RECLAIMED MATERIAL SUNBURNT SIDING - FINISH: STAINED WD-57 MANUFACTURER: WESTERN WOOD PRODUCTS ASSOCIATION - 2x8 QTR LOG CABIN SIDING w/ REVEAL; PERMA-CHINK-BEIGE #216 - FINISH: STAINED MT-55 MANUFACTURER: INNOVATIVE POWDER COATINGS - PRODUCT: TRANS BLACK G50 MT-63 METAL ACM/COPING - COLOR: HARTFORD GREEN CMU-1 SMOOTH-FACE CENTER SCORED MASONRY UNIT. STAIN TO MATCH SW 0028 CAEN STONE CTC-1 CONCRETE TILT-UP WALL w/ TEXTURED COATING. COLOR TO MATCH SW 0028 CAEN STONE CTC-2 CONCRETE TILT-UP WALL w/ SMOOTH COATING. COLOR TO MATCH P-52 DSG BELDON CTC-3 CONCRETE TILT-UP WALL w/ TEXTURED COATING. COLOR TO MATCH BENJAMIN MOORE HC-124 CALDWELL GREEN P-124 MANUFACTURER:SHERWIN WILLIAMS - COLOR: TO MATCH DUNN EDWARDS DE6399 MOLASSES LRV 7 - FINISH: SATIN P-152 MANUFACTURER: SHERWIN WILLIAMS - COLOR: FS CUSTOM ORANGE PMS 158C FINISH SCHEDULE PRIMARY MATERIALS ST-1 = 2,215 sq. ft.21% CTC-1 = 2,845 sq. ft.27% BRK-1 = 945 sq. ft.9% SECONDARY MATERIALS WD-55 = 695 sq. ft.7% WD-56 = 765 sq. ft.7% WD-57 = 1,080 sq. ft. 10% GL-1 = 375 sq. ft. 4% GL-2 = 310 sq. ft.3% MT-55 = 125 sq. ft. 1% MT-63 = 1,200 sq. ft. 11% 1. NORTH (FRONT) ELEVATION TOTAL ELEVATION AREA = 11,935 sq. ft. WINDOWS AND DOORS AREA = 1,380 sq. ft. NET ELEVATION AREA = 10,555 sq. ft. PRIMARY MATERIALS ST-1 = 1,815 sq. ft. 36% CTC-3 = 2,960 sq. ft. 58% SECONDARY MATERIALS WD-56 = 195 sq. ft. 4% MT-55 = 110 sq. ft. 2% 2. EAST (SIDE) ELEVATION TOTAL ELEVATION AREA = 5,225 sq. ft. WINDOWS AND DOORS AREA = 145 sq. ft. NET ELEVATION AREA = 5,080 sq. ft. # Description Date 1 PERMIT/BID 10.10.2016 12 Alternate Facade Application 05.31.2017 SCALE: 1/16" = 1'-0" SCALE: 1/16" = 1'-0" • “This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspection 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.” • “Entrance elements above 25' height are non-habitable elements integral to the building design.” FACADE PLAN CHECKLIST NKEY PLAN Item 9 REF.REF. V E N D I N G M A C H I N E V E N D I N G M A C H I N E ST-1CMU-1BRK-1 CTC-2 CTC-1 CORNICE P-51 CTC-1 CORNICE P-51 MT-55 MT-63 COPING Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE' 3 ' - 5 "14' - 10" 15' - 2" 1 ' - 7 " Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE' 8 ' - 0 " 1 7 ' - 0 " T/ TILT-UP PANEL 25' - 0" T/ TILT-UP PANEL 27' - 0" 40' - 0"112' - 6"80' - 0" 158' - 0"4' - 0" 4 ' - 0 " 1 ' - 2 " 2 6 ' - 0 " 4 ' - 0 " 1 ' - 2 " LOADING DOCK COMPACTOR 4' - 0"25' - 11"4' - 0"26' - 0"4' - 0"26' - 0"4' - 0"26' - 0"4' - 0"11' - 3" 4' - 0"36' - 0"4' - 0"48' - 3"22' - 8"4' - 0"22' - 8"4' - 0"22' - 8"4' - 0" 2 6 ' - 0 " 4' - 0"4' - 0"48' - 3"4' - 0" 4 ' - 0 " 4' - 0"25' - 9 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 6 1/2"4' - 0"26' - 0"4' - 0" 4 ' - 0 " 214' - 0"26' - 0" 2 3 4 1 407' - 0" 2 6 ' - 0 " 2 1 3 ' - 1 0 " T/ TILT-UP PANEL 27' - 0"P-152 ST-1 MT-55 CTC-3 ST-1CTC-3 CTC-3 P-124 MT-63CTC-1 BRK-1CMU-1CTC-1BRK-1 BRK-1 CTC-1 MT-63P-51 ST-1 T/ TILT-UP PANEL 25' - 0" 1 4 ' - 0 " 1 4 ' - 0 " 8 ' - 0 " 1 7 ' - 0 " WD-56. CORNICE CORNICE COPING COPING ST-1 SIGN SIGNORANGE PAINT Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE' 13' - 9" 1 ' - 3 " Curbs Plus, Inc. RTU SCREEN. 26 GAUGE STEEL w/ SmartKote Cool Coating in 'SURREY BEIGE' 15' - 0" 1 ' - 4 " www.FRCH.com 311 Elm Street | Suite 600 | Cincinnati, OH 45202 Telephone 513.241.3000 | Facsimile 513.241.5015 Contact Information Sheet Issue Information Sheet Information © 2 0 1 2 T h i s d r a w i n g , p r i n t e d o r o t h e r w i s e , i s t h e c o p y r i g h t e d p r o p e r t y o f F R C H D e s i g n W o r l d w i d e a n d F R C H /A r c h i t e c t u r e , I n c ., P .C . T h e d r a w i n g m a y n o t b e u s e d , r e p r o d u c e d o r c o p i e d w i t h o u t t h e p e r m i s s i o n o f F R C H D e s i g n W o r l d w i d e o r F R C H /A r c h i t e c t u r e , I n c ., P .C . Title Drawn By: Issued Architecture p: (513) 241-3000 Owner p: (724) 273-3400 Dick's Sporting Goods 345 Court Street Coraopolis, PA 15108 FRCH Architecture Inc. 311 Elm Street, Suite 600 Cincinnati, OH 45202 Project No. Interior Design p: (513) 241-3000 FRCH Design Worldwide 311 Elm Street, Suite 600 Cincinnati, OH 45202 FRCH/Architecture, Inc., P.C. G A T E S O F P R O S P E R 7 0 0 R i c h l a n d B o u l e v a r d P r o s p e r , T X 7 5 0 7 8 33279.000 / #4622 EXTERIOR ELEVATIONS A. FUGAZZI 003b 4. WEST (SIDE) ELEVATION BRK-1 REFER TO SPECIFICATION SECTION 04200 FOR ACCEPTABLE MANUFACTURERS. MORTAR - ARGOS #127 ST-1 MANUFACTURER: CENTURIAN STONE - PATTERN #040 PALOS VERDE - COLOR: #786 ASPEN. GL-1 AMBER COLORED GLASS GL-2 CLEAR GLASS w/ GRAPHIC IMAGE WD-55 MANUFACTURER: ARRIGONI WOODS - RECLAIMED MATERIAL SUNBURNT SIDING - FINISH: NATURAL WD-56 MANUFACTURER: ARRIGONI WOODS - RECLAIMED MATERIAL SUNBURNT SIDING - FINISH: STAINED WD-57 MANUFACTURER: WESTERN WOOD PRODUCTS ASSOCIATION - 2x8 QTR LOG CABIN SIDING w/ REVEAL; PERMA-CHINK-BEIGE #216 - FINISH: STAINED MT-55 MANUFACTURER: INNOVATIVE POWDER COATINGS - PRODUCT: TRANS BLACK G50 MT-63 METAL ACM/COPING - COLOR: HARTFORD GREEN CMU-1 SMOOTH-FACE CENTER SCORED MASONRY UNIT. STAIN TO MATCH SW 0028 CAEN STONE CTC-1 CONCRETE TILT-UP WALL w/ TEXTURED COATING. COLOR TO MATCH SW 0028 CAEN STONE CTC-2 CONCRETE TILT-UP WALL w/ SMOOTH COATING. COLOR TO MATCH P-52 DSG BELDON CTC-3 CONCRETE TILT-UP WALL w/ TEXTURED COATING. COLOR TO MATCH BENJAMIN MOORE HC-124 CALDWELL GREEN P-124 MANUFACTURER:SHERWIN WILLIAMS - COLOR: TO MATCH DUNN EDWARDS DE6399 MOLASSES LRV 7 - FINISH: SATIN P-152 MANUFACTURER: SHERWIN WILLIAMS - COLOR: FS CUSTOM ORANGE PMS 158C FINISH SCHEDULE PRIMARY MATERIALS ST-1 = 3,315 sq. ft.33% CTC-1 = 2,830 sq. ft. 28% CTC-3 = 3,700 sq. ft. 37% SECONDARY MATERIALS MT-55 = 200 sq. ft.2% 3. SOUTH (REAR) ELEVATION TOTAL ELEVATION AREA = 10,045 sq. ft. WINDOWS AND DOORS AREA = 0 sq. ft. NET ELEVATION AREA = 10,045 sq. ft. NKEY PLAN # Description Date 1 PERMIT/BID 10.10.2016 12 Alternate Facade Application 05.31.2017 SCALE: 1/16" = 1'-0" • “This Facade Plan is for conceptual purposes only. All building plans require review and approval from the Building Inspection 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.” • “Entrance elements above 25' height are non-habitable elements integral to the building design.” FACADE PLAN CHECKLIST SCALE: 1/16" = 1'-0" PRIMARY MATERIALS ST-1 = 1,195 sq. ft.24% CTC-1 = 3,014 sq. ft. 58% BRK-1 = 842 sq. ft. 16% SECONDARY MATERIALS MT-55 = 108 sq. ft.2% TOTAL ELEVATION AREA = 5,175 sq. ft. WINDOWS AND DOORS AREA = 16 sq. ft. NET ELEVATION AREA = 5,159 sq. ft. Item 9 I t e m 9 I t e m 9 I t e m 9 I t e m 9 I t e m 9 Regal White Ɨ IR .72 SRI 88 Surrey Beige Ɨ IR .48 SRI 53 Dark Bronze Ɨ IR .31 SRI 32 Evergreen Ɨ IR .31 SRI 31 Warm White Ɨ IR .62 SRI 73 Slate Gray Ɨ IR .36 SRI 37 Terra Cotta Ɨ IR .35 SRI 35 Royal Blue Ɨ IR .30 SRI 31 All standard SmartKote® colors have an available 25-year or an optional 35-year finish warranty. Colors shown closely approximate actual coating colors. These colors utilize Cool Coating Technology. Cool Coatings (PVDF) SmartKote coatings feature fade-resistant color, incredible durability and environmentally friendly “cool” technology. Standard Regal Warm Surrey Slate Dark Terra Ever- Royal Bare Aluminum Panel Type Gauges White White Beige Gray Bronze Cotta green Blue Aluminum Zinc Coated Zinc Coated + Acrylic Long Span III Wall 26 Ga. X X X X X X X X X Long Span III Roof 26 Ga. X X X X X X X X X Architectural III 26 Ga. X X X X X X X X X Architectural “V” Rib 26 Ga. X X X X X X X X X 16” Seam-Loc Roof 24 Ga. X X X X X X X X X 16” Loc-Seam Roof 24 Ga. X X X X X X X X X Shadow Panel Wall 24 Ga. X X X X X X Soffit Liner 24 Ga. X X X X X X X X Standing Seam II 24 Ga. X X X X Standing Seam 360 24 Ga. X X X X SMARTKOTE STANDARD COLOR AVAILABILITY Item 9 Form #00337 American Buildings Company Marketing Information Line 888.307.4338 www.americanbuildingscompany.com ABC – Atlantic Division 501 Golden Eagle Drive LaCrosse, VA 23950 Tel: 706.562.8020 Fax 706.562.8017 ABC – South Division 1150 State Docks Road Eufaula, AL 36027 Tel: 334.688.2032 Fax: 334.688.2185 ABC – Midwest Division 901 W. Main Street El Paso, IL 61738 Tel: 309.527.1500 Fax: 309.527.1522 ABC - West Division 2260 Tenaya Drive Modesto, CA 95354 Tel: 209.236.0580 Fax: 209.236.0588 To be considered “cool,” products must have a Solar Reflectance of at least .25. Solar Reflectance is the fraction of the total solar energy that is reflected away from a surface. Solar Reflectance Solar Reflectance, Thermal Emittance and Solar Reflectance Index (SRI) PRODUCT SPECIFICATIONS Thermal Emittance Thermal Emittance is the measure of a panel’s ability to release heat that it has absorbed. Solar Reflectance Index (SRI) Put Solar Reflectance and Thermal Emittance together and you get the Solar Reflective Index (SRI). SRI is calculated by using the values of solar reflectance, thermal emittance and a medium wind coefficient. The higher the SRI value, the lower its surface temperature and conse- quently, the heat gain into the building. Cool metal roofs coated with the SmartKote COOL-pigmented PVDF resin achieve an SRI of 31-88, depending on the color. Conventional roof surfaces have low reflectance (0.05 to 0.25) and high thermal emittance (typically over .85). Roof panels with both high reflectance and high emittance can reduce the surface tempera- ture by as much as 30-50% based on color and geographic location, which will result in a reduced heat gain to the building, therefore reducing the energy demand. SMARTKOTE PVDF TECHNICAL INFORMATION TEST TEST METHODS PERFORMANCE Dry Film Thickness Specular Gloss Dry Film Hardness Film Adhesion - Dry, wet, boiling water Formability Abrasion Resistance - Falling Sand - Gardner Scratch - Taber Abrasion Chemical & Detergent Resistance Salt Spray Resistance Humidity Resistance South Florida Weathering - Color Retention - Crack Resistance ASTM D 5796 Primer ASTM D 1005 ASTM D523 ASTM D3363 ASTM D3359 ASTM D4145 ASTM D968 ASTM D2197 ASTM D4060 ASTM D1308 ASTM B117 ASTM D2247 D2244 D4214 0.3 mils minimum Topcoat 0.7 mils system (+/-.05) Backer 0.5 mils system (+/-.05) Low gloss, 5 – 12% @ 60 HB minimum Excellent, no removal 2 T Bend – no removal Exceeds 65 liters/mil 250 – 300 grams load C.S. 10 wheel/20 mg loss/100 cycles Excellent, no attack Passes 1,000 hours, Galvalume Passes 1,000 hours HDG/Galvalume <5dE change after 35 years >8 chalk rating SMARTKOTE PANEL COLORS SOLAR SMARTKOTE INITIAL SOLAR INITIAL THERMAL REFLECTIVE COLOR REFLECTANCE (IR) EMITTANCE (IE) INDEX (SRI) Regal White .72 0.85 88 Warm White .62 0.84 73 Surrey Beige .48 0.83 53 Slate Gray .36 0.83 37 Dark Bronze .31 0.87 32 Terra Cotta .35 0.84 35 Evergreen .31 0.85 31 Royal Blue .30 0.86 31 Bare Aluminum .77 0.08 72 Zinc Coated Item 9 311 ELM STREET, SUITE 600 CINCINNATI OH 45202 513.241.3000 FAX 513.241.5015 05/22/2017 Mr. Alex Gushko, AICP Senior Planner Development Services Town of Prosper, TX Re: Dicks Sporting Goods / Field & Stream - Gates of Prosper Alternate Façade Application Dear Mr. Gushko, This letter is to support the Alternate Façade Application for the previously approved façade design for the Dicks Sporting Goods/Field & Stream retail building at the Gates of Prosper development. This application is for the addition of RTU screens on the rooftop of the current store under construction. Per your email on 5/8/17 and phone conversation on 5/9/17 – notification was made stating that portions of the installed RTU’s are visible from certain vantage points surrounding the site. The approved façade design noted that the RTU’s would not be visible from public view. The approved façade design included a parapet wall height around all sides of the building to screen public view per the requirement for site lines based on a viewing height of 6’-0” above grade. The “visible” RTU’s being questioned, are visible from surrounding vantage points on the site at approx. 16’-0”+ above grade due to the surrounding topography of the site and roadways. This has created an additional 10’ of viewing height that was not part of the previous approved design criteria. Due to the site conditions and topography heights, we are proposing to screen the RTU’s per the enclosed specification. This product has been approved and used on other Dicks Sporting Goods stores within Florida and California in municipalities with similar design guidelines. The colors and materials are harmonious with the current façade design and provide the required screening from public view. We believe this solution meets the screening criteria and alleviates the concern for visibility of the RTU’s on the building. Please review all enclosed information for approval of this application. If you have any questions or if anything is missing, please feel free to contact me directly at 513-362-3325 or afugazzi@frch.com. Sincerely, Annie Fugazzi Senior Professional + Project Manager FRCH Design Worldwide Item 9 Page 1 of 2 To: Mayor and Town Council From: Alex Glushko, AICP, Senior Planner Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – June 27, 2017 Agenda Item: Consider and act upon a request for a Façade Exception for Bryant’s Addition, Block 23, Lot 3R (307 E. First Street), located on the northwest corner of Church Street and First Street. (MD17- 0004). Description of Agenda Item: The applicant is seeking a Façade Exception for a 4,550-square-foot office building to allow for the use of an alternative material (DecoStone) to meet the masonry requirements. Staff approved the façade plan (Attachment 2) for the proposed office building on January 19, 2017. The approved façade plan calls for a combination of stone and cementatious fiber board/Hardie siding to comply with the masonry requirements of the Downtown Office (DTO) zoning district. The DTO District permits a maximum of 90% of the structure to be clad with cementatious fiberboard, and all sides facing a street having a minimum of 20% stone, with a minimum of 10% for the remaining sides. As depicted on Attachment 3, the applicant is proposing to use a decorative limestone plaster that is applied to a lath system and then hand troweled to create the appearance of individual stones and mortar joints. The proposed material will be applied to 25% of the north and south elevations and 21% of the east and west elevations. Attachment 4 provides product information about the proposed alternative material. In Attachment 5, the applicant indicates that the purpose of this request to use the alternative material instead of stone is: • aesthetically pleasing, • maintenance free, and • speeds up the masonry construction process. The applicant has indicated this product has been used or approved for the following projects: • Adriatica Bell Tower; 401 Adriatic Parkway, McKinney (constructed) • CBS Billboard Tower; 1331 Airport Freeway, Irving (constructed) • Community Life Church; 975 Fox Avenue, Lewisville (constructed) • Delta by Marriot; Allen (approved, but not constructed) • Keller Square; 1510 Keller Parkway, Keller (constructed) Prosper is a place where everyone matters. PLANNING Item 10 Page 2 of 2 Town staff has reviewed masonry requirements for a number of area cities and provided the following table for the Town Council’s consideration. Town/City Is DecoStone Permitted as Masonry Prosper Not permitted. Allen Does not meet masonry definition but was allowed as a masonry material in a planned development. Colleyville Exterior plaster and cementitious stucco are permitted. Coppell Not permitted. Farmers Branch Not permitted. Flower Mound Not permitted. Frisco Not permitted. Highland Park Not permitted. McKinney Does not meet masonry definition but was allowed as a masonry material in a planned development. Plano Exterior plaster is permitted. Southlake Permitted as follows: Stucco and plaster shall only be considered a masonry material when applied in a 3-step process over metal lath mesh to a 7/8 inch thickness. In considering an exception to the required masonry requirements, the Town Council may consider whether a proposed alternate material: (a) is a unique architectural expression; (b) includes unique building styles and materials; (c) is consistent with high quality development; (d) is or would be visually harmoniousness with existing or proposed nearby buildings; (e) has obvious merit based upon the quality and durability of the materials; and (f) represents an exterior building material that is in keeping with the intent of this chapter to balance the above-mentioned objectives. Attachments: 1. Location Map 2. Staff Approved Façade Plan 3. Proposed Façade Plan 4. Plaster Product Information 5. Criteria Response Letter 6. Final Approved Site Plan Planning & Zoning Commission Recommendation: At their June 6, 2017, meeting, the Planning & Zoning Commission recommended the Town Council approve the request, by a vote of 4-0. Town Staff Recommendation: Town staff recommends that the Town Council consider and act upon a request for a façade exception for Bryant’s Addition, Block 23, Lot 3R. Proposed Motion: I move to ________ (approve or deny) the request for a façade exception for Bryant’s Addition, Block 23, Lot 3R. Item 10 MD17-0004 FIRST ST SECOND ST CH U R C H S T ±0 40 80 12020Feet Item 10 NW C E . 1 s t S T R E E T & C H U R C H S T OF F I C E B U I L D I N G LO T S 3 , 4 , 5 A N D 6 - B L O C K 2 3 , B R Y A N T S A D D I T I O N T O P R O S P E R PR O S P E R , T E X A S ADB JBW 12/20/2016 AS NOTED RA16-018 PRE L I M I N A R Y FOR R E V I E W FILE DWG NO. SHEETSOF SHEET JOB NO. SCALE CHECKED DATE DRAWN REVISIONS BY AT T S XETEFO S A R E G I S T E R E D ARC H I T E C T J . W A R 8 DL AB. W 3 142 A401 OWNER BROWN & GRIFFIN REAL ESTATE ADVISORS LP PO BOX 129 PROSPER, TX 75078 972-347-0572 APPLICANT CLAYMORE ENGINEERING TOTAL SURFACE AREA EAST ELEVATION GLAZING SURFACE AREA NET SURFACE AREA STONE AREA SIDING AREA - B HARDIE SIDING TRIM AND FACIA AREA 704 SQ FT 75 SQ FT 629 SQ FT 130 SQ FT 21 % OF NET 68 % OF NET 11 % OF NET 428 SQ FT 71 SQ FT TOTAL SURFACE AREA GLAZING SURFACE AREA NET SURFACE AREA STONE AREA SIDING AREA - B HARDIE SIDING TRIM AND FACIA AREA 1800 SQ FT 240 SQ FT 1560 SQ FT 392 SQ FT 25 % OF NET 56.0 % OF NET 10 % OF NET 874 SQ FT 173 SQ FT SIDING AREA - F HARDIE SIDING 9 % OF NET121 SQ FT SOUTH ELEVATION FACADE PLAN STANDARD NOTES •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 accor- dance 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. 1903 CENTRAL DRIVE #406 BEDFORD, TX 76021 817-281-0572 SOUTH ELEVATION LOOKING NORTH (FRONT) 3/16” = 1’0”1 EAST ELEVATION LOOKING WEST 3/16” = 1’0”2 AC 1 2 N AC EAST FIRST STREET EAST SECOND STREET C H U R C H S T R E E T 10 ' - 0 " 12 ' - 0 " 12 8 12 812 8 138’ A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM B - HARDIE SIDING F - HARDIE SHINGLE D - STONE C - HARDIE TRIM A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM B - HARDIE SIDING F - HARDIE SHINGLE D - STONE C - HARDIE TRIM 10 ' - 0 " 12 ' - 0 " 12 4 A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM C - HARDIE SIDING B - HARDIE SIDING D - STONE MTL RAILING 34’ 01/19/2017 Item 10 ADB JBW 12/20/2016 AS NOTED RA16-018 PRE L I M I N A R Y FOR R E V I E W FILE DWG NO. SHEETSOF SHEET JOB NO. SCALE CHECKED DATE DRAWN REVISIONS BY NW C E . 1 s t S T R E E T & C H U R C H S T OF F I C E B U I L D I N G LO T S 3 , 4 , 5 A N D 6 - B L O C K 2 3 , B R Y A N T S A D D I T I O N T O P R O S P E R PR O S P E R , T E X A S AT T S XETEFO S A R E G I S T E R E D ARC H I T E C T J . W A R 8 DL AB. W 3 142 A402 704 SQ FT 629 SQ FT SIDING AREA - F HARDIE SIDING 9 % OF NET138 SQ FT FACADE PLAN STANDARD NOTES •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 accor- dance 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. OWNER BROWN & GRIFFIN REAL ESTATE ADVISORS LP PO BOX 129 PROSPER, TX 75078 972-347-0572 APPLICANT CLAYMORE ENGINEERING 1903 CENTRAL DRIVE #406 BEDFORD, TX 76021 817-281-0572 TOTAL SURFACE AREA GLAZING SURFACE AREA NET SURFACE AREA STONE AREA SIDING AREA - B HARDIE SIDING TRIM AND FACIA AREA 1790 SQ FT 220 SQ FT 1570 SQ FT 392 SQ FT 25 % OF NET 55 % OF NET 11 % OF NET 864 SQ FT 176 SQ FT NORTH ELEVATION NORTH ELEVATION LOOKING SOUTH 3/16” = 1’0”1 TOTAL SURFACE AREA WEST ELEVATION GLAZING SURFACE AREA NET SURFACE AREA STONE AREA SIDING AREA TRIM AND FACIA AREA 75 SQ FT 130 SQ FT 21 % OF NET 68 % OF NET 11 % OF NET 428 SQ FT 71 SQ FT WEST ELEVATION LOOKING EAST 3/16” = 1’0”2 AC 1 2 N AC EAST FIRST STREET EAST SECOND STREET C H U R C H S T R E E T 10 ' - 0 " 12 ' - 0 " 12 8 12 812 8 138’ MTL RAILING BEHIND COLUMNS A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM B - HARDIE SIDING D - STONE C - HARDIE TRIM A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM B - HARDIE SIDING D - STONE C - HARDIE TRIM 10 ' - 0 " 12 ' - 0 " 12 4 B - HARDIE SIDING D - STONE C - HARDIE TRIM A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE SIDING MTL RAILING 34’ F - HARDIE SHINGLE F - HARDIE SHINGLE 01/19/2017 Item 10 NW C E . 1 s t S T R E E T & C H U R C H S T OF F I C E B U I L D I N G LO T S 3 , 4 , 5 A N D 6 - B L O C K 2 3 , B R Y A N T S A D D I T I O N T O P R O S P E R PR O S P E R , T E X A S ADB JBW 12/20/2016 AS NOTED RA16-018 PRE L I M I N A R Y FOR R E V I E W FILE DWG NO. SHEETSOF SHEET JOB NO. SCALE CHECKED DATE DRAWN REVISIONS BY AT T S XETEFO S A R E G I S T E R E D ARC H I T E C T J . W A R 8 DL AB. W 3 142 A401 OWNER BROWN & GRIFFIN REAL ESTATE ADVISORS LP PO BOX 129 PROSPER, TX 75078 972-347-0572 APPLICANT CLAYMORE ENGINEERING TOTAL SURFACE AREA EAST ELEVATION GLAZING SURFACE AREA NET SURFACE AREA STONE AREA SIDING AREA - B HARDIE SIDING TRIM AND FACIA AREA 704 SQ FT 75 SQ FT 629 SQ FT 130 SQ FT 21 % OF NET 68 % OF NET 11 % OF NET 428 SQ FT 71 SQ FT TOTAL SURFACE AREA GLAZING SURFACE AREA NET SURFACE AREA STONE AREA SIDING AREA - B HARDIE SIDING TRIM AND FACIA AREA 1800 SQ FT 240 SQ FT 1560 SQ FT 392 SQ FT 25 % OF NET 56.0 % OF NET 10 % OF NET 874 SQ FT 173 SQ FT SIDING AREA - F HARDIE SIDING 9 % OF NET121 SQ FT SOUTH ELEVATION FACADE PLAN STANDARD NOTES •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 accor- dance 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. 1903 CENTRAL DRIVE #406 BEDFORD, TX 76021 817-281-0572 SOUTH ELEVATION LOOKING NORTH (FRONT) 3/16” = 1’0”1 EAST ELEVATION LOOKING WEST 3/16” = 1’0”2 AC 1 2 N AC EAST FIRST STREET EAST SECOND STREET C H U R C H S T R E E T 10 ' - 0 " 12 ' - 0 " 12 8 12 812 8 138’ A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM F - HARDIE SHINGLE B - HARDIE SIDING C - HARDIE TRIM D - DECOSTONE A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM F - HARDIE SHINGLE B - HARDIE SIDING C - HARDIE TRIM D - DECOSTONE 10 ' - 0 " 12 ' - 0 " 12 4 A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM C - HARDIE SIDING B - HARDIE SIDING D - DECOSTONE MTL RAILING 34’ 01/19/2017 Item 10 ADB JBW 12/20/2016 AS NOTED RA16-018 PRE L I M I N A R Y FOR R E V I E W FILE DWG NO. SHEETSOF SHEET JOB NO. SCALE CHECKED DATE DRAWN REVISIONS BY NW C E . 1 s t S T R E E T & C H U R C H S T OF F I C E B U I L D I N G LO T S 3 , 4 , 5 A N D 6 - B L O C K 2 3 , B R Y A N T S A D D I T I O N T O P R O S P E R PR O S P E R , T E X A S AT T S XETEFO S A R E G I S T E R E D ARC H I T E C T J . W A R 8 DL AB. W 3 142 A402 704 SQ FT 629 SQ FT SIDING AREA - F HARDIE SIDING 9 % OF NET138 SQ FT FACADE PLAN STANDARD NOTES •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 accor- dance 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. OWNER BROWN & GRIFFIN REAL ESTATE ADVISORS LP PO BOX 129 PROSPER, TX 75078 972-347-0572 APPLICANT CLAYMORE ENGINEERING 1903 CENTRAL DRIVE #406 BEDFORD, TX 76021 817-281-0572 TOTAL SURFACE AREA GLAZING SURFACE AREA NET SURFACE AREA STONE AREA SIDING AREA - B HARDIE SIDING TRIM AND FACIA AREA 1790 SQ FT 220 SQ FT 1570 SQ FT 392 SQ FT 25 % OF NET 55 % OF NET 11 % OF NET 864 SQ FT 176 SQ FT NORTH ELEVATION NORTH ELEVATION LOOKING SOUTH 3/16” = 1’0”1 TOTAL SURFACE AREA WEST ELEVATION GLAZING SURFACE AREA NET SURFACE AREA STONE AREA SIDING AREA TRIM AND FACIA AREA 75 SQ FT 130 SQ FT 21 % OF NET 68 % OF NET 11 % OF NET 428 SQ FT 71 SQ FT WEST ELEVATION LOOKING EAST 3/16” = 1’0”2 AC 1 2 N AC EAST FIRST STREET EAST SECOND STREET C H U R C H S T R E E T 10 ' - 0 " 12 ' - 0 " 12 8 12 812 8 138’ MTL RAILING BEHIND COLUMNS A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM B - HARDIE SIDING C - HARDIE TRIM D - DECOSTONE 10 ' - 0 " 12 ' - 0 " 12 4 B - HARDIE SIDING C - HARDIE TRIM D - DECOSTONE A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE SIDING MTL RAILING 34’ F - HARDIE SHINGLE A - CHARCOAL SHINGLE DORMER C - HARDIE TRIM C - HARDIE TRIM F - HARDIE SHINGLE B - HARDIE SIDING C - HARDIE TRIM D - DECOSTONE 01/19/2017 Item 10 I t e m 1 0 I t e m 1 0 I t e m 1 0 I t e m 1 0 I t e m 1 0 I t e m 1 0 I t e m 1 0 I t e m 1 0 I t e m 1 0 I t e m 1 0 BLOCK 23, LOT 3R BRYANT'S #1 ADDITION N 89°24'00" E 160.27' N 88°24'00" E 148.35' // / // / // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /// / / / // / // / // / / / / / / / / / / / / / / / / / / / //////////////////////// / / / / / / / / / // / // / // / 0.536 ACRES (NET) 1/2" IRS 1/2" IRF 1/2" IRF 1/2" IRS1/2" IRS Lot 1 Block 24 Town of Prosper Vol. 116, Pg. 162 P.R.C.C.T. Mahard Egg Farm Inc. Vol. 3356, Pg. 348 D.R.C.C.T. Ernest Mahard, Jr. Vol. 637, Pg. 229 O.P.R.C.C.T. First Baptist Church of Prosper Doc. No. 2001-0130186 O.P.R.C.C.T. LAND USE: VACANT ZONED: SINGLE FAMILY-15 LAND USE: VACANT ZONED: SINGLE FAMILY LAND USE: EGG FARM ZONED: DOWN TOWN OFFICE LAND USE: BOYER PARK ZONED: DOWN TOWN OFFICE LAND USE: RESIDENTIAL ZONED: SINGLE FAMILY-15 ELVIA CONVENTO CELEZ AND EFREAIN CONVENTO FRANCO DOC. NO. 00-0021782 O.P.R.C.C.T. LAND USE: RESIDENTIAL ZONED: SINGLE FAMILY-15 Lot 7 Block 21 Lot 8Lot 9Lot 10Lot 12 Lot 11 Lot 12 Block 22 Inst. No. 20070514000648500 O.P.R.C.C.T. Sarah Jill Jones Inst. No. 92-0082522 O.P.R.C.C.T. ISO Supply LLC Inst. 20091109001366700 D.R.C.C.T. LAND USE: RESIDENTIAL ZONED: DTO BLOCK 23, LOT 3R BRYANT'S #1 ADDITION N 89°24'00" E 160.27' N 88°24'00" E 148.35' // / // / // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /// / / / // / // / // / / / / / / / / / / / / / / / / / / / //////////////////////// / / / / / / / / / // / // / // / 0.536 ACRES (NET) 1/2" IRS 1/2" IRF 1/2" IRF 1/2" IRS1/2" IRS Lot 1 Block 24 Town of Prosper Vol. 116, Pg. 162 P.R.C.C.T. Mahard Egg Farm Inc. Vol. 3356, Pg. 348 D.R.C.C.T. Ernest Mahard, Jr. Vol. 637, Pg. 229 O.P.R.C.C.T. First Baptist Church of Prosper Doc. No. 2001-0130186 O.P.R.C.C.T. LAND USE: VACANT ZONED: SINGLE FAMILY-15 LAND USE: VACANT ZONED: SINGLE FAMILY LAND USE: EGG FARM ZONED: DOWN TOWN OFFICE LAND USE: BOYER PARK ZONED: DOWN TOWN OFFICE LAND USE: RESIDENTIAL ZONED: SINGLE FAMILY-15 ELVIA CONVENTO CELEZ AND EFREAIN CONVENTO FRANCO DOC. NO. 00-0021782 O.P.R.C.C.T. LAND USE: RESIDENTIAL ZONED: SINGLE FAMILY-15 Lot 7 Block 21 Lot 8Lot 9Lot 10Lot 12 Lot 11 Lot 12 Block 22 Inst. No. 20070514000648500 O.P.R.C.C.T. Sarah Jill Jones Inst. No. 92-0082522 O.P.R.C.C.T. ISO Supply LLC Inst. 20091109001366700 D.R.C.C.T. LAND USE: RESIDENTIAL ZONED: DTO PROPOSED OFFICE BUILDING 4,550 SF FFE=736.80 EAST SECOND STREET (60' WIDTH R.O.W.) EAST FIRST STREET (VARIABLE WIDTH R.O.W.) CH U R C H S T R E E T (6 0 ' W I D T H R . O . W . ) 1 5 ' L A N D S C A P E S E T B A C K / B U I L D I N G L I N E 15' LANDSCAPE SETBACK 3 0 ' R O W D E D I C A T I O N 1 5 ' L A N D S C A P E S E T B A C K 2 5 ' B U I L D I N G L I N E 10' BUILDING LINE 5' LANDSCAPE/ SETBACK 7 2 . 8 ' 2 0 ' 9' 9' 9' TYP . 24' 1 8 ' EX. FH EX. FH PROP. B.F.R. 60 ° ' T 1 2 PROP. ELECTRIC ESMT. PROP. WATER ESMT. PROP. FH 5 ' PROP.WATER ESMT. 10' 1 0 ' 10'X10' R.O.W. DEDICATION ±189' 750' TO S. COLEMAN ST PROP. GARBAGE TOTERS (TO BE SCREENED BY STONE WING WALL TO MATCH FACADE OF BUILDING) 1 5 . 6 8 ' 1 8 ' ± 1 9 . 8 9 ' ±23.8' ± 1 9 . 6 4 ' PROP. 2' MAX LANDSCAPE WALL 25' BUILDING LINE ± 1 9 . 9 8 ' 24.54' R 1 0 ' 6 ' 4 0 . 5 ' 138.5' 1 8 . 1 6 ' 39.38' 1 8 . 0 2 ' 22.69' 39.81' 2 4 ' 2 4 ' ± 1 9 . 8 4 ' R1 5 ' R 1 5 ' R 1 5 ' R1 5 ' 1 0 ' 6 . 5 ' 22' TYP. PROP. BFR SEEK ALTERNATIVE CAST IN-PLACE OR ALTERNATIVE FLUME OPTIONS. DA T E No . RE V I S I O N BY DATE: SHEET File No. 2016-099 1/10/2017 CHECKED: JEV DRAWN:JEV DESIGN: PR O P O S E D O F F I C E BU I L D I N G 30 7 E . F I R S T S T . PR O S P E R , T E X A S 19 0 3 C E N T R A L D R I V E , S U I T E # 4 0 6 PH O N E : 8 1 7 . 2 8 1 . 0 5 7 2 BE D F O R D , T X 7 6 0 2 1 W W W . C L A Y M O O R E E N G . C O M TEXAS REGISTRATION #14199 MAM 01/10/2017 LEGEND EX. FIRE HYDRANT FIRE HYDRANT HEAVY DUTY CONCRETE PAVEMENT PROPOSED SIDEWALK STANDARD DUTY CONCRETE PAVEMENT TOWN OF PROSPER SITE PLAN GENERAL NOTES: 1. DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 2. OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITH THE ZONING ORDINANCE. 3. OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE. 4. LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN. 5. ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THE ZONING ORDINANCE. 6. BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED. ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIRE DEPARTMENT. 7. FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS OR AS DIRECTED BY THE FIRE DEPARTMENT. 8. TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALL TIMES. 9. SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE. 10. HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORM TO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTS OF THE CURRENT, ADOPTED BUILDING CODE. 11. ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL. 12. ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN AND ARE SUBJECT TO BUILDING OFFICIAL APPROVAL. 13. ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIAL APPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN. 14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARES AND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, AND BARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWN STANDARDS. 15. APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS ARE APPROVED BY THE ENGINEERING DEPARTMENT. 16. SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE. 17. ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATED UNDERGROUND. 18. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW IN ACCORDANCE WITH THE ZONING ORDINANCE. 19. IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USE CLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER, CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUT PERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKING REQUIREMENTS. 20. ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED. COUNTY SURVEY: COLLIN EAGLE SURVEYING, LLC CITY:STATE: PROSPER TEXAS OWNER: SITE PLAN APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR:EAGLE SURVEYING, LLC. 210 SOUTH ELM STREEET, SUITE 104 DENTON, TX 76201 ERNEST WOORSTER PH.940.222.3009 BROWN AND GRIFFIN REAL ESTATE ADVISORS LP PO BOX 129 PROSPER, TX 75078 PH:972-347-9900 ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONAL FLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLIN COUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERAL INSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IF THIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS FLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THE STRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE. ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR. CASE#: D16-0067 *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* LEGAL DESCRIPTION BRYANT'S #1 ADDITION BLOCK 23, LOT 3R 0.536 ACRES (NET) 0.578 (GROSS) WATER METERWM T TRANSFORMER FLOOD PLAIN NOTE WATER METER SCHEDULE ID TYPE SIZE NO. DOM. 2" 1 IRR. 1 1/2" 1 1 2 0 GRAPHIC SCALE 1 inch = ft. 20 20 40 20 10 N.T.S. VICINITY MAP N SITE N HW 2 8 9 N C O L E M A N S T 1193 BROADWAY ST E 1ST ST E 2ND ST E 3RD ST S C H U R C H S T MA I N S T SI T E P L A N SP-1 01/11/2017 Item 10 To: Mayor and Town Council From: Dudley Raymond, R.L.A., Director of Parks and Recreation Through: Harlan Jefferson, Town Manager CC: Kelly Neal, Finance Director Re: Town Council Meeting – June 27, 2017 Agenda Item: Consider and act upon awarding Bid No. 2017-48-B, to Dyna-Mist Construction Company, related to improving drainage and safety of the Frontier Park Soccer Field Improvements project; and authorizing the Town Manager to execute a construction agreement for same. Description of Agenda Item: On June 1, 2017, at 2:00 PM, four bids were opened for the Town of Prosper Bid No. 2017-48-B Frontier Park Soccer Field Improvements. The verified bid totals from the bidders ranged between $107,368.00 and $375,000.00, with Dyna-Mist Construction Company being the low bidder. This project will resolve a field drainage issue that exists in a section of Frontier Park just south and east of the eastern most concession stand. This area of the complex does not have good drainage, which has affected how long the area is closed after a rain as well as the quality of turf during times of constant moisture due to rain. The contractor will repair approximately two acres of area. They will strip the existing sod, grade it to provide positive drainage, install new irrigation, and re-sod this area. Once completed, staff will provide the maintenance and care needed to minimize disruption to the use of the area in the fall. The contract specifies 14 calendar days for completion of this project. Budget Impact: The FY 2017 Adopted Budget included funding in the amount of $70,000.00 for this project, and was budged in account 100-5320-60-02. Additional funds will be available, in the amount of $37,368.00, from 100-5480-60-02, therefore no budget amendment is required. These funds are available due to the Whitley Place maintenance contract coming in less than budgeted along with funds that were approved for the arborist position which was not hired. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction agreement as to form and legality. Prosper is a place where everyone matters. PARKS AND RECREATION Item 11 Attached Documents: 1. Bid Tabulation 2. Construction Agreement 3. Site Map Town Staff Recommendation: Town staff recommends awarding Bid No. 2017-48-B Frontier Park Soccer Field Improvements, to Dyna-Mist Construction Company, related to improving drainage and safety of the soccer fields; and authorizing the Town Manager to execute a construction agreement for same. Proposed Motion: I move to award Bid No. 2017-48-B Frontier Park Soccer Field Improvements, to Dyna-Mist Construction Company, related to improving drainage and safety of the soccer fields; and authorize the Town Manager to execute a construction agreement for same. Item 11 TOWN OF PROSPER BID TABULATION SUMMARY Bid No. 2017-48-B Frontier Park Soccer Field Improvements Bid Opening: 06/01/2017 at 2:00 PM Grand Total Dyna-Mist Construction Company $ 107,368.00 North Rock Construction, LLC $ 134,907.59 Anselmo Corona dba Green Mound $ 158,135.00 IWC Texas $ 375,000.00 Certified By: January M. Cook, CPPO, CPPB Date: 06/01/2017 Purchasing Agent Town of Prosper, Texas **All bids/proposals submitted for the designated project are reflected on this tabulation sheet. However, the listing of the bid/proposal on this tabulation sheet shall not be construed as a comment on the responsiveness of such bid/proposal or as any indication that the agency accepts such bid/proposal as being responsive. The agency will make a determination as to the responsiveness of the vendor responses submitted based upon compliance with all applicable laws, purchasing guidelines and project documents, including but not limited to the project specifications and contract documents. The agency will notify the successful vendor upon award of the contract and, as according to the law, all bid/proposal responses received will be available for inspection at that time. Item 11 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR FRONTIER PARK SOCCER FIELD IMPROVEMENTS BID NO. 2017-48-B TOWN OF PROSPER COLLIN COUNTY, TEXAS TOWN OFFICIALS Ray Smith, Mayor Curry Vogelsang, Jr., Mayor Pro-Tem Jason Dixon, Deputy Mayor Pro-Tem Michael Korbuly, Place 1 Kenneth Duggar, Place 2 Meigs Miller, Place 4 Jeff Hodges, Place 5 Harlan Jefferson, Town Manager 121 West Broadway Prosper Texas 75078 972-347-9969 Item 11 PAGE 1 TABLE OF CONTENTS TABLE OF CONTENTS .................................................................................................. 1  INSTRUCTIONS TO BIDDERS ...................................................................................... 2  BID PROPOSAL FORM .................................................................................................. 3  BID BOND ....................................................................................................................... 8  OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW .............................. 10  CONSTRUCTION AGREEMENT .................................................................................. 11  PERFORMANCE BOND ............................................................................................... 24  PAYMENT BOND.......................................................................................................... 27  MAINTENANCE BOND ................................................................................................. 30  GENERAL CONDITIONS .............................................................................................. 33  SPECIFICATIONS ........................................................................................................ 49  LOCATION MAP ........................................................................................................... 50    Item 11 PAGE 2 INSTRUCTIONS TO BIDDERS 1. Submittal Deadline: Bids will be accepted until 2:00 PM on Thursday, June 1, 2017. 2. Submittal Location: Bids will be accepted at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078. 3. Submittal Requirements: Each Bidder shall submit one (1) copy of their bid, along with their bid security and Out of State Contractor Compliance (if necessary), in a sealed envelope clearly marked with their name and Bid No. 2017-48-B, Frontier Park Soccer Field Improvements. 4. Bid Opening: Bids will be publicly opened and read aloud at the Town Hall Annex, 151 S. Main St., Prosper, Texas 75078 immediately following the bid deadline. 5. Bidding Documents: Download free of charge from Current Bid Opportunities, at the following link: http://www.prospertx.gov/business/bid-opportunities/ 6. Requests for Clarification: All formal inquiries and requests for clarification should be made in writing to the Town of Prosper Purchasing Agent no later than May 26, 2017, at 12:00PM: Town of Prosper Purchasing Department Attn: January Cook, CPPO, CPPB, Purchasing Agent Town Hall Annex 151 S. Main St. Prosper, Texas 75078 january_cook@prospertx.gov 7. Addenda: If it becomes necessary to provide additional information to potential Bidders, the Town of Prosper will issue an addendum containing the necessary information. 8. Pre-Bid Meeting: A pre-bid meeting will not be held for this project. Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 Item 11 PAGE 10 OUT-OF-STATE CONTRACTOR COMPLIANCE TO STATE LAW Texas Government Code §2252.002 provides that, in order to be awarded a contract as low bidder, a non-resident bidder (out-of-state contractor whose corporate office or principal place of business is outside the State of Texas) bid projects in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in the following statement must be filled out by all out-of-state or non-resident bidders in order for those bids to meet specifications. (This information may be obtained from the Texas Register.) The failure of out-of-state or non-resident contractors to do so will automatically disqualify that bidder. Non-resident contractor in ___________________ (give state), our principal place of business, is required to be _________ percent lower than resident bidders by State Law. The exact language of the statute is set out below. Non-resident contractor in ___________________ (give state), our principal place of business, is not required to underbid resident bidders. BIDDER By Company (Please Print) Address Signature City State Zip Title (Please Print) “Tex. Gov’t Code Sec. 2252.002. AWARD OF CONTRACT TO NONRESIDENT BIDDER. A governmental entity may not award a governmental contract to a nonresident bidder unless the nonresident underbids the lowest bid submitted by a responsible resident bidder by an amount that is not less than the amount by which a resident bidder would be required to underbid the nonresident bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located.” Item 11 PAGE 11 CONSTRUCTION AGREEMENT THE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) This Construction Agreement (the "Agreement") is made by and between Dyna-Mist Construction Company (the "Contractor"), and the Town of Prosper, Texas, a municipal corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete the construction of improvements described as follows: FRONTIER PARK SOCCER FIELD IMPROVEMENTS BID NO. 2017-48-B in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other accessories and services necessary to complete the said construction in accordance with all the Contract Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract, the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached; all of which are made a part hereof and collectively evidence and constitute the entire Contract. A. Contract Documents and Order of Precedence The Contract Documents shall consist of the following documents: 1. this Construction Agreement; 2. properly authorized change orders; 3. the Special Conditions of this Contract; 4. the General Conditions of this Contract; 5. the Technical Specifications & Construction Drawings of this Contract; 6. the OWNER's Standard Construction Details; 7. the OWNER's Standard Construction Specifications; 8. the OWNER’s written notice to proceed to the CONTRACTOR; 9. the Contractor’s Bid Proposal; Item 11 PAGE 12 10. any listed and numbered addenda; 11. the Performance, Payment, and Maintenance Bonds; and, 12. any other bid materials distributed by the Owner that relate to the Project. These Contract Documents are incorporated by reference into this Construction Agreement as if set out here in their entirety. The Contract Documents are intended to be complementary; what is called for by one document shall be as binding as if called for by all Contract Documents. It is specifically provided, however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be resolved by giving precedence to the Contract Documents in the order in which they are listed herein above. If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the project. B. Total of Payments Due Contractor For performance of the Work in accordance with the Contract Documents, the Owner shall pay the Contractor in current funds an amount not to exceed One Hundred Seven Thousand Three Hundred Sixty-Eight Dollars and zero cents ($107,368.00). This amount is subject to adjustment by change order in accordance with the Contract Documents. C. Dates to Start and Complete Work Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially completed within 14 calendar days after the date of the Notice to Proceed for the base bid. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready for final payment. Under this Construction Agreement, all references to “day” are to be considered “calendar days” unless noted otherwise. D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO, RESULTING Item 11 PAGE 13 FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS. CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S) OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE. IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR OTHER EMPLOYEE BENEFIT ACTS. INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN ATTEMPTING TO ENFORCE THIS INDEMNITY. In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay these attorneys' fees and expenses. The Owner retains the right to provide and pay for any or all costs of defending indemnified items, but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such costs, Contractor shall indemnify and reimburse Owner for such costs. (Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) Item 11 PAGE 14 E. Insurance Requirements 1. Before commencing work, the Contractor shall, at its own expense, procure, pay for and maintain the following insurance coverage written by companies approved by the State of Texas and acceptable to the Town of Prosper. The Contractor shall furnish to the Town of Prosper Purchasing Agent certificates of insurance executed by the insurer or its authorized agent stating the type of coverages, limits of each such coverage, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: FRONTIER PARK SOCCER FIELD IMPROVEMENTS BID NO. 2017-48-B Town of Prosper Attn: Purchasing Agent 121 W. Broadway Prosper, Texas 75078 (a) Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $1,000,000 per-occurrence, $1,000,000 Products/Completed Operations Aggregate and $2,000,000 general aggregate. If high risk or dangerous activities are included in the Work, explosion, collapse and underground (XCU) coverage is also required. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. (b) Workers’ Compensation insurance with statutory limits; and Employers’ Liability coverage with minimum limits for bodily injury: a) by accident, $100,000 each accident, b) by disease, $100,000 per employee with a per policy aggregate of $500,000. (c) Umbrella or Excess Liability insurance with minimum limits of $2,000,000 each occurrence and annual aggregate for bodily injury and property damage, that follows form and applies in excess of the above indicated primary coverage in subparagraphs a and b. The total limits required may be satisfied by any combination of primary, excess or umbrella liability insurance provided all policies comply with all requirements. The Contractor may maintain reasonable deductibles, subject to approval by the Owner. 2. With reference to the foregoing required insurance, the Contractor shall endorse applicable insurance policies as follows: (a) A waiver of subrogation in favor of Town of Prosper, its officials, employees, and officers shall be contained in the Workers’ Compensation insurance policy. Item 11 PAGE 15 (b) The Town of Prosper, its officials, employees and officers shall be named as additional insureds on the Commercial General Liability policy, by using endorsement CG2026 or broader. (Please note that this “additional insured” coverage requirement is not prohibited by Chapter 151 of the Texas Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas Insurance Code.) (c) All insurance policies shall be endorsed to the effect that Town of Prosper will receive at least thirty (30) days’ notice prior to cancellation, non- renewal, termination, or material change of the policies. 3. All insurance shall be purchased from an insurance company that meets a financial rating of “A” or better as assigned by the A.M. BEST Company or equivalent. 4. With respect to Workers’ Compensation insurance, the Contractor agrees to comply with all applicable provisions of 28 Tex. Admin Code § 110.110, “Reporting Requirements for Building or Construction Projects for Governmental Entities,” as such provision may be amended, and as set forth in Paragraph F following. F. Workers' Compensation Insurance Coverage 1. Definitions: Certificate of coverage ("certificate")- A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 2. The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. Item 11 PAGE 16 3. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 4. If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 5. The Contractor shall obtain from each person providing services on a project, and provide to the governmental entity: (a) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and (b) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 6. The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 7. The Contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. 8. The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 9. The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: (a) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; (b) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; (c) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; Item 11 PAGE 17 (d) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; (e) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; (f) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and (g) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. 10. By signing this contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the governmental entity that all employees of the Contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 11. The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the governmental entity to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. G. Performance, Payment and Maintenance Bonds The Contractor shall procure and pay for performance and payment bonds applicable to the work in the amount of the total bid price. The Contractor shall also procure and pay for a maintenance bond applicable to the work in the amount of ten percent (10%) of the total bid price. The period of the Maintenance Bond shall be two years from the date of acceptance of all work done under the contract, to cover the guarantee as set forth in this Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work performed during the two-year warranty period after acceptance as described in this Construction Agreement. Item 11 PAGE 18 The performance, payment and maintenance bonds shall be issued by a corporate surety, acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus information concerning the surety and reinsurance information concerning the performance, payment and maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as a surety on obligations permitted or required under federal law as indicated by publication of the surety’s name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000) from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current U.S. Treasury Department Circular 570. H. Progress Payments and Retainage As it completes portions of the Work, the Contractor may request progress payments from the Owner. Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work properly completed by the Contractor since the time the last progress payment was made. The "estimate of the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable materials actually delivered to and currently at the job site only if the Contractor provides to the Owner satisfactory evidence that material suppliers have been paid for these materials. No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner: 1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the value of Work properly completed; 2. full or partial releases of liens, including releases from subcontractors providing materials or delivery services relating to the Work, in a form acceptable to the Owner releasing all liens or claims relating to goods and services provided up to the date of the most recent previous progress payment; 3. an updated and current schedule clearly detailing the project’s critical path elements; and 4. any other documents required under the Contract Documents. Progress payments shall not be made more frequently than once every thirty (30) calendar days unless the Owner determines that more frequent payments are appropriate. Further, progress payments are to be based on estimates and these estimates are subject to correction through the adjustment of subsequent progress payments and the final payment to Contractor. If the Owner determines after final payment that it has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified by the Owner within thirty (30) calendar days after it receives written demand from the Owner. The fact that the Owner makes a progress payment shall not be deemed to be an admission by the Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of its responsibilities under the Contract Documents. Item 11 PAGE 19 After determining the amount of a progress payment to be made to the Contractor, the Owner shall withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to: a. ensure proper completion of the Work. The Owner may use retained funds to pay replacement or substitute contractors to complete unfinished or defective work; b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated damages; and c. provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of the final payment. I. Withholding Payments to Contractor The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute contractors to complete unfinished or defective Work. The Owner may withhold payment of some or all of any progress or final payment that would otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor under the Contract Documents. Amounts withheld under this section shall be in addition to any retainage. J. Acceptance of the Work When the Work is completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on "substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the Work shall not constitute a Notice of Acceptance for that Work. In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work. In this event, the notice shall state specifically what portion of the Work is accepted. K. Acceptance of Erosion Control Measures Item 11 PAGE 20 When the erosion control measures have been completed, the Contractor shall request that the Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance with the Contract Documents and per TPDES General Construction Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has not been completed in accordance with the Contract Documents or TPDES General Construction Permit, then it shall provide the Contractor with a verbal or written list of items to be completed before another final inspection shall be scheduled. L. Final Payment After all Work required under the Contract Documents has been completed, inspected, and accepted, the Town shall calculate the final payment amount promptly after necessary measurements and computations are made. The final payment amount shall be calculated to: 1. include the estimate of the value of Work properly completed since the date of the most recent previous progress payment; 2. correct prior progress payments; and 3. include retainage or other amounts previously withheld that are to be returned to Contractor, if any. Final payment to the Contractor shall not be due until the Contractor provides original full releases of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that all sums due for labor, services, and materials furnished for or used in connection with the Work have been paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not obligated to issue final payment using joint checks. Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner original copies of all documents that the Owner determines are reasonably necessary to ensure both that the final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the Construction Agreement in accordance with applicable law. The following documents shall, at a minimum, be required to be submitted prior to final payment being due: redline as-built construction plans; consent of surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents and Contractor shall provide such other and further documents as may be requested and required by the Owner to close out a particular project. Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply only after all Work called for by the Contract Documents has been accepted. M. Contractor’s Warranty For a two-year period after the date specified in a written notice of acceptance of Work, Contractor shall provide and pay for all labor and materials that the Owner determines are necessary to correct all defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor or any subcontractor. This shall also include areas of Item 11 PAGE 21 vegetation that did meet TPDES General Construction Permit during final close out but have since become noncompliant. Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of this inspection so that a Contractor representative may be present. After the warranty inspection, and before the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies the defects in the Work that are to be corrected. The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently, then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid by the Contractor, the performance bond surety, or both. If the Owner determines that a hazard exists because of defective materials and workmanship, then the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the hazard shall be paid by the Contractor, the performance bond surety, or both. Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in accordance with the Contract Documents. By way of example only, this is to ensure that Work performed during the warranty period is performed with required insurance and the performance and payment bonds still in effect. Work performed during the two-year warranty period shall itself be subject to a one-year warranty. This warranty shall be the same as described in this section. The Owner may make as many warranty inspections as it deems appropriate. N. Compliance with Laws The Contractor shall be responsible for ensuring that it and any subcontractors performing any portion of the Work required under the Contract Documents comply with all applicable federal, state, county, and municipal laws, regulations, and rules that relate in any way to the performance and completion of the Work. This provision applies whether or not a legal requirement is described or referred to in the Contract Documents. Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other professional to provide professional services, if any, that are required by the Contract Documents, Contractor shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated competence and qualifications to perform the services in the manner provided by Section 2254.004 of the Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this provision with Contractor's bid. O. Other Items The Contractor shall sign the Construction Agreement, and deliver signed performance, payment and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage) within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract Documents for signature. Six (6) copies of the Contract Item 11 PAGE 22 Documents shall be signed by an authorized representative of the Contractor and returned to the Town. The Construction Agreement "effective date" shall be the date on which the Town Council acts to approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement that bears the signature of the Town Manager and Town Secretary or their authorized designees. The purpose of this provision is to ensure: 1. that Contractor timely delivers to the Owner all bonds and insurance documents; and 2. that the Owner retains the discretion not to proceed if the Town Manager or his designee determines that information indicates that the Contractor was not the lowest responsible bidder or that the Contractor cannot perform all of its obligations under the Contract Documents. THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED. The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue for any litigation concerning the Contract Documents shall be Collin County, Texas. Although the Construction Agreement has been drafted by the Owner, should any portion of the Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more favorably for either party. The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit and as well as that of their respective successors and assigns. If Town Council approval is not required for the Construction Agreement under applicable law, then the Construction Agreement "effective date" shall be the date on which the Town Manager and Town Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town Secretary sign on different dates, then the later date shall be the effective date. Item 11 PAGE 23 DYNA-MIST CONSTRUCTION CO. TOWN OF PROSPER, TEXAS By: By: HARLAN JEFFERSON Title: Title: Town Manager Date: Date: Address: 2808 Capital St. Wylie, Texas 75098 Phone: (972) 424-5343 Fax: (972) 509-0156 Address: 121 W. Broadway Prosper, Texas 75078 Phone: (972) 346 - 2640 Fax: (972) 569 - 9335 ATTEST: ROBYN BATTLE Town Secretary Item 11 PAGE 24 PERFORMANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is __________________________________________________________________________, hereinafter called Principal, and __________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Beneficiary, dated on or about the 27th day of June, A.D. 2017, a copy of which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: FRONTIER PARK SOCCER FIELD IMPROVEMENTS BID NO. 2017-48-B in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word. NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings, covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and Contract Documents during the original term thereof and any extension thereof which may be granted by the Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty materials and workmanship that appear within a period of one (1) year from the date of final completion and final acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in Item 11 PAGE 25 making good any default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work or to the Specifications. This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the ________ day of ________________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 11 PAGE 26 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 11 PAGE 27 PAYMENT BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is ____________________________________________________________________________, hereinafter called Principal, and__________________________________________________________, a corporation organized and existing under the laws of the State of ______________________________, and fully licensed to transact business in the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements hereinafter referred to in the penal sum of ___________________________________ DOLLARS ($_______________) in lawful money of the United States, to be paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal sum of this Bond. THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract with the Town of Prosper, the Owner, dated on or about the 27th day of June, A.D. 2017, a copy of which is attached hereto and m ade a part hereof, to furnish all materials, equipment, labor, supervision, and other accessories necessary for the construction of: FRONTIER PARK SOCCER FIELD IMPROVEMENTS BID NO. 2017-48-B NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation shall be void; otherwise it shall remain in full force and effect. PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the Work to be performed thereunder. Item 11 PAGE 28 This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other applicable statutes of the State of Texas. The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s Annotated Civil Statutes of the State of Texas. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, this, the _______ day of _________________, 20___. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 11 PAGE 29 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the process is: NAME: STREET ADDRESS: CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond must be after date of Contract. If Resident Agent is not a corporation, give a person’s name. Item 11 PAGE 30 MAINTENANCE BOND STATE OF TEXAS ) ) COUNTY OF COLLIN ) KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address is________________________________________________, hereinafter referred to as “Principal,” and ___________________________________, a corporate surety/sureties organized under the laws of the State of ____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as “Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________ DOLLARS ($_______________) (ten percent (10%) of the total bid price), in lawful money of the United States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and firmly by these presents, the condition of this obligation is such that: WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the 27th day of June, 2017, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of: FRONTIER PARK SOCCER FIELD IMPROVEMENTS BID NO. 2017-48-B in the Town of Prosper, Texas, as more particularly described and designated in the above- referenced contract, such contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for word: WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the cost of same under the terms of this Maintenance Bond. NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void; otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages in the premises as provided in the Plans and Specifications and Contract. Item 11 PAGE 31 PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation. PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County, Texas. AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans, Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder. The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in matters arising out of this suretyship. IN WITNESS WHEREOF, this instrument is executed in three copies, each one of which shall be deemed an original, on this the _____ day of ____________, 20____. ATTEST: PRINCIPAL: ___________________________________ Company Name By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Typed/Printed Name Typed/Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax [Signatures continued on following page.] Item 11 PAGE 32 ATTEST: SURETY: By: _________________________________ By: ________________________________ Signature Signature ____________________________________ ___________________________________ Printed Name Printed Name ____________________________________ ___________________________________ Title Title ____________________________________ ___________________________________ Address Address ____________________________________ ___________________________________ City State Zip City State Zip ___________________________________ ___________________________________ Phone Fax Phone Fax Item 11 PAGE 33 GENERAL CONDITIONS GC.01 PURPOSE: The General Conditions contained herein set forth conditions or requirements common to this Contract and all other construction contracts issued by the Town of Prosper. GC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they appear in this Contract, be construed as follows, unless a different meaning is clear from the context: Working DAY: Any days of the week or month, not counted are weekends or rain days over ½” and every day due to weather the contractor is unable to work. CONTRACT DOCUMENTS: All of the written, printed, typed, and drawn instruments that comprise and govern the performance of the contract as defined by the Construction Agreement. ENGINEER: The ENGINEER of the OWNER or his designee. EXTRA WORK: Work required by the OWNER other than that which is expressly or impliedly required by the Contract Documents at the time of execution of the Contract. HOLIDAYS: The ten official holidays observed are New Year's Day, Martin Luther King Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving Day, Christmas Eve, and Christmas Day. If a holiday falls on a Saturday, it shall be observed on the preceding Friday. If a holiday falls on a Sunday, it shall be observed on the following Monday. OWNER: The Town of Prosper, Texas, acting through the Town Manager under authority granted by the Town Council. OWNER'S REPRESENTATIVE: The Executive Director of Development and Community Services of the Town of Prosper or his designee. SUB-CONTRACTOR: Any persons, firm or corporation, other than employees of the CONTRACTOR, who or which contracts with the CONTRACTOR to furnish, or who actually furnishes, labor and/or materials and equipment at or about the site. SUBSTANTIALLY COMPLETE: The condition upon which the Work has been made suitable for use and may serve its intended purpose but may still require minor miscellaneous work and adjustment. WORK: All work to be performed by the CONTRACTOR under the terms of the Contract, including the furnishing of all materials, supplies, machinery, equipment, tools, superintendence, labor, submittals, services, insurance, permits, certificates, licenses, and all water, light, power, fuel, transportation, facilities, and other incidentals. WRITTEN NOTICE: Notice required by the Contract shall be served concurrently to the OWNER'S REPRESENTATIVE, ENGINEER, and/or CONTRACTOR. Notice delivered by mail shall be effective on the postmark date, notice delivered by hand shall be effective the date of delivery, and notice delivered by facsimile or Item 11 PAGE 34 e-mail shall be effective the date of transmission, provided that any notice served after 5 PM or on a weekend or holiday shall be effective the following business day. GC.03 GENERAL RESPONSIBILITIES AND UNDERSTANDINGS: (a) Intent of Contract Documents: The intent of the Contract Documents is to prescribe a complete work or improvement, which the CONTRACTOR undertakes to do in full compliance with the plans, specifications, special provisions, proposal and contract. The CONTRACTOR shall do all work as provided in the plans, specifications, special provisions, proposal and contract, and shall do such additional extra work as may be considered necessary to complete the work in satisfactory and acceptable manner. The CONTRACTOR shall furnish all labor, tools, materials, machinery, equipment and incidentals necessary to the satisfactory prosecution and completion of the work. (b) No Waiver of Legal Right: Inspection by the OWNER or ENGINEER, any order, measurement, or certificate by OWNER or ENGINEER, any order by the OWNER for payment of money, any payment for or acceptance of any work, or any extension of time, or any possession taken by the OWNER, shall not operate as a waiver of any provisions of the Contract Documents or any power therein reserved to the OWNER of any rights or damages therein provided. Any waiver of any breach of contract shall not be held to be a waiver of any other subsequent breach. The OWNER deserves the right to correct any error that may be discovered in any estimate that may have been paid and to adjust the same to meet the requirements of the contract and specifications. The OWNER reserves the right to claim and recover by process of law sums as may be sufficient to correct any error or make good any deficiency in the work resulting from such error, dishonesty or collusion, upon the conclusive proof of collusion or dishonesty by the CONTRACTOR or his agents and the ENGINEER or his assistants, discovered in the work after the final payment has been made. (c) Changes and Alterations: The CONTRACTOR further agrees that the OWNER or ENGINEER may make such changes and alterations as the OWNER may see fit, in the line, grade, form, dimensions, plans or materials for the work herein contemplated, or any part thereof, either before or after the beginning of the construction, without affecting the validity of this contract and the accompany Performance and Payment Bonds. If such changes or alterations diminish the quantity of the work to be done, they shall not constitute the basis for a claim for damages for anticipated profits on the work that may be dispensed with. If the amount of work is increased, such additional work shall be paid for as provided under Extra Work. In case the OWNER shall make such changes or alterations as shall make useless any work already done or material already furnished or used in said work, then the OWNER shall recompense the CONTRACTOR for any material or labor so used, and for any actual loss occasioned by such change, due to actual expenses incurred in preparation for the work as originally planned. (d) Discrepancies and Omissions: It is further agreed that it is the intent of this contract that all work must be done and all material must be furnished in accordance with the generally accepted practice, and in the event of any discrepancies between the separate contract documents, the priority of interpretation defined by the Item 11 PAGE 35 Construction Agreement shall govern. In the event that there is still any doubt as to the meaning and intent of any portion of the contract, specifications or drawings, the ENGINEER shall define which is intended to apply to the work. (e) Plans and Specifications: The OWNER shall furnish the CONTRACTOR with an adequate and reasonable number of copies of all plans and specifications without expense to him, and the CONTRACTOR shall keep one copy of the same constantly accessible on the work, with the latest revisions noted thereon. (f) Ownership of Drawings: All drawings, specifications and copies thereof furnished by the OWNER shall not be reused on other work, and, with the exception of the signed contract sets, are to be returned to him on request, at the completion of the work. All models are the property of the OWNER. (g) Adequacy of Design: It is understood that the OWNER believes it has employed competent engineers and designers. It is, therefore, agreed that, as to the CONTRACTOR only, the OWNER shall be responsible for the adequacy of the design, sufficiency of the Contract Documents, and the practicability of the operations of the completed project; provided the CONTRACTOR has complied with the requirements of the said Contract Documents, all approved modifications thereof, and additions and alterations thereto approved in writing by the OWNER. The burden of proof of such compliance shall be upon the CONTRACTOR to show that he has complied with the said requirements of the Contract Documents, approved modifications thereof and all approved additions and alterations thereto. (h) Line and Grade: The ENGINEER will furnish control benchmarks for the construction of the Work. The CONTRACTOR shall use the control benchmarks and data shown on the drawings. No construction staking will be provided by the ENGINEER or owner for this project. Any restaking, and all construction staking, required shall be at the sole cost of the CONTRACTOR. (i) Right of Way and Easements: The OWNER will obtain all necessary right of ways and easements required for the completion of the Work. No work shall be undertaken on nor shall men, tools, equipment, or other supplies occupy any ground outside right of ways and easements. If Contractor wants to work outside right of ways and easements and is able to make an agreement with the Property Owner, then the agreement should be documented and signed by the Property Owner and CONTRACTOR with a copy submitted to the OWNER before work off the easement commences. The OWNER will obtain permits and/or license agreements necessary for work to be performed on right of ways or easements owned by other agencies including, but not limited to, the Texas Departments of Transportation, North Texas Tollway Authority, BNSF Railway, and utility companies. The CONTRACTOR shall comply with the conditions of these permits and/or license agreements as if they were a part of the Contract Documents. (j) Existing Utilities and Structures: The location of existing utilities shown on the plans are based on the interpretation of the best available information and are not warranted by the OWNER or ENGINEER. It shall be the responsibility of the CONTRACTOR to verify and/or locate the various locations of pertinent utilities prior to or during construction. If any utility or irrigation system is broken by the Item 11 PAGE 36 Contractor, it shall be the responsibility of the CONTRACTOR to repair, at his own expense, the damaged line and restore it to its functional use. (k) Right of Entry: The OWNER reserves the right to enter the property or location on which the works herein contracted for are to be constructed or installed, by such agent or agents as he may elect, for the purpose of inspecting the work, or for the purpose of constructing or installing such collateral work as said OWNER may desire. The CONTRACTOR shall conduct his work so as not to impede unnecessarily any work being done by others on or adjacent to the site. (l) Collateral Contracts: The OWNER agrees to provide by separate contract or otherwise, all labor and material essential to the completion of the work specifically excluded from this contract, in such manner as not to delay the progress of the work or damage said CONTRACTOR, except where such delays are specifically mentioned elsewhere in the Contract Documents. (m) Objections and Determinations: The ENGINEER shall determine all claims disputes and other matters in question between the CONTRACTOR and the OWNER relating to the execution or progress of the work or the interpretation of the Contract Documents. The ENGINEER'S decision shall be rendered in writing within a reasonable time and shall be binding. (n) Owner-Engineer Relationship: The duties, responsibilities and limitations of authority of the ENGINEER during construction are as set forth in the Contract Documents and shall not be extended or limited without written consent of the OWNER and ENGINEER. The ENGINEER will advise and consult with the OWNER, and OWNER'S instructions to the CONTRACTOR may be issued through the ENGINEER as if they were issued by the OWNER directly. GC.04 CONTRACTOR RESPONSIBILITIES: (a) Contractor Independence: The CONTRACTOR is and at all times shall remain an independent contractor, solely responsible for the manner and method of completing his work under this contract, with full power and authority to select the means, method and manner of performing such work, so long as such methods do not adversely affect the completed improvements, the OWNER and ENGINEER being interested only in the result obtained and conformity of such completed improvements to the Contract Documents. (b) Assignment and Subletting: The CONTRACTOR agrees that he will retain personal control and will give his personal attention to the fulfillment of this contract and that he will not assign by Power of Attorney, or otherwise, or sublet said contract without the written consent of the OWNER or ENGINEER, and that no part or feature of the work will be sublet to anyone objectionable to the ENGINEER or the OWNER. The CONTRACTOR further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this contract, shall not relieve the CONTRACTOR from his full obligations to the OWNER, as provided by this Agreement. (c) Contractor’s Understanding: It is understood and agreed that the CONTRACTOR has, by careful examination, satisfied himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the materials to be encountered, the character of equipment and facilities needed Item 11 PAGE 37 preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work under this contract. No verbal agreement or conversation with any officer, agent or employee of the OWNER or ENGINEER, either before or after the execution of this contact, shall affect or modify any of the terms or obligations herein contained. (d) Duty of Contractor: The CONTRACTOR shall be solely responsible for the safety of himself, his employees and other persons, as well as for the protection of the safety of the improvements being erected and the property of himself or any other person, as a result of his operations hereunder. CONTRACTOR shall be fully and completely liable, at his own expense, for design, construction, installation and use, or non-use, of all items and methods incident to performance of the contract, and for all loss, damage or injury incident thereto, either to person or property, including, without limitation, the adequacy of all temporary supports, shoring, bracing, scaffolding, machinery or equipment, safety precautions or devices, and similar items or devices used by him during construction (e) Supervision by Contractor: The CONTRACTOR shall give adequate attention to the faithful prosecution and completion of this contract and shall keep on the work, during its progress, a competent superintendent and any necessary assistants. The superintendent shall represent the CONTRACTOR in his absence and all directions given to him shall be as binding as if given to the CONTRACTOR. (f) Character of Workmen: The CONTRACTOR agrees to employ only orderly and competent men, skillful in the performance of the type of work required under this contract, to do the work; and agrees that whenever the OWNER or ENGINEER shall inform him in writing that any man or men on the work are, in his opinion, incompetent, unfaithful or disorderly, such man or men shall be discharged from the work and shall not again be employed on the work without the OWNER’S or ENGINEER'S written consent. (g) Contractor’s Buildings: The building of structures or the erection of tents or other forms of protection will be permitted only for use as temporary office space or for storage of materials, equipment, and supplies and only at such places as the OWNER or ENGINEER shall direct, and the sanitary conditions of the grounds in or about such structures shall at all times be maintained in a manner satisfactory to the OWNER or ENGINEER. At no time shall employees or agents of the CONTRACTOR occupy such facilities except in conjunction with performance of the Work. (h) Protection of Site: The Contractor shall protect all structures, walks, pipe lines, trees, shrubbery, lawns and other improvements during the progress of his work and shall remove from the site all debris and unused materials. (i) Sanitation: Necessary sanitary conveniences for the use of laborers on the work, properly secluded from public observation, shall be constructed and maintained by the CONTRACTOR in such manner and at such points as shall be approved by the OWNER or ENGINEER, and their use shall be strictly enforced. (j) Equipment, Materials, and Construction Plant: The CONTRACTOR shall be responsible for the care, preservation, conservation, protection and replacement of all materials, supplies, machinery, equipment, tools, apparatus, accessories, facilities, all means of construction, and any and all parts of the work, whether the Item 11 PAGE 38 CONTRACTOR has been paid, partially paid, or not paid for such work, or whether OWNER has taken possession of completed portions of such work, until the entire work is completed and accepted. (k) Losses from Natural Causes: Unless otherwise specified, all loss or damage to the CONTRACTOR arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstance in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the CONTRACTOR at his own cost and expense. GC.05 PROTECTION OF PERSONS AND PROPERTY: (a) Protection Against Claims: If any person files a claim against the OWNER, OWNER’s Agent or CONTRACTOR for personal injury or property damage resulting from, arising out of, or caused by, the operations of the CONTRACTOR, or any Work within the limits of the Project, the CONTRACTOR must either submit to the OWNER a duly executed full release within thirty (30) calendar days from the date of written claim, or immediately report the claim to his liability insurance carrier for their action in adjusting the claim. If the CONTRACTOR fails to comply with this provision within the stipulated time limit, it will be automatically deemed that the CONTRACTOR has appointed the OWNER as its irrevocable Attorney In Fact authorizing the OWNER to report the claim directly with the CONTRACTOR’s liability insurance carrier. This provision is in and of itself a Power of Attorney from the CONTRACTOR to the OWNER, which authorizes the OWNER to take said action on behalf of the CONTRACTOR without the necessity of the execution of any other document. If the CONTRACTOR fails to comply with the provisions of this item, the OWNER, at its own discretion, may terminate this contract or take any other actions it deems appropriate. Any payment or portion thereof due the CONTRACTOR, whether it is a final payment, progress payment, payment out of retainage or refund payment may be withheld by the OWNER. Bankruptcy, insolvency or denial of liability by the CONTRACTOR’s insurance carrier shall not exonerate the CONTRACTOR from liability. As a result of the additional work created to OWNER due to non-response of claims for damages by CONTRACTOR to third parties, CONTRACTOR shall incur penalties for failure to abide by this Special Condition. The CONTRACTOR shall respond to the claimant in writing regarding the status of the claim, including whether CONTRACTOR disputes the claim, wishes to settle, or will notify its liability insurance carrier regarding the claim. CONTRACTOR will be assessed a penalty by OWNER of $75.00 per claim, for its failure to respond to the claimant as described above within thirty (30) calendar days of its written notice of claim by the City. To ensure CONTRACTOR compliance, the OWNER shall be notified, by copied correspondence of responses or settlement by CONTRACTOR. (b) Protection Against Accidents to Employees and the Public: The CONTRACTOR shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building and construction codes. All machinery and equipment and other physical hazards shall be guarded in Item 11 PAGE 39 accordance with the "Manual of Accident Prevention in Construction" of the Associated General contractors of America except where incompatible with Federal, State, or Municipal laws or regulations. The CONTRACTOR shall provide such machinery guards, safe walkways, ladders, bridges, gangplanks, and other safety devices. The safety precautions actually taken and their adequacy shall be the sole responsibility of the CONTRACTOR, acting at his discretion as an independent contractor. (c) Protection of Adjoining Property: The CONTRACTOR shall take proper means to communicate with the adjacent or adjoining property owners and protect the adjacent or adjoining property or properties in any way encountered, which might be injured or seriously affected by any process of construction to be undertaken under this Agreement, from any damage or injury by reason of said process of construction; and he shall be liable for any and all claims for such damage on account of his failure to fully protect all adjoining property. (d) Protection Against Royalties or Patented Invention: The CONTRACTOR shall pay all royalties and license fees, and shall provide for the use of any design, device, material or process covered by letters patent or copyright by suitable legal agreement with the patentee or owner. (e) Threats to Persons or Property: The CONTRACTOR shall respond promptly to any imminent threat to persons or property arising from or in relation to performance of the Work. Failure to promptly correct any threat to persons or property may result in a temporary suspension of work until such time as the threat is resolved. GC.06 PROSECUTION AND PROGRESS: (a) Time and Order of Completion: It is the meaning and intent of this contract, unless otherwise herein specifically provided, that the CONTRACTOR shall be allowed to prosecute his work in such manner as shall be most conducive to economy of construction; provided however, that the order and the time of prosecution shall be such that the work shall be Substantially Completed as a whole and in part in accordance with this contract, the plans and specifications, and within the time of completion designated in the Proposal; provided, also, that when the OWNER is having other work done, either by contract or by his own force, the ENGINEER may direct the time and manner of constructing the work done under this contract, so that conflict will be avoided and the construction of the various works being done for the OWNER shall be harmonized. The CONTRACTOR shall submit prior to beginning work, with each pay estimate, and at other such times as may reasonably be requested by the OWNER or ENGINEER, schedules which shall show the order in which the CONTRACTOR proposes to carry on the work, with dates at which the CONTRACTOR will start the several parts of the work, and estimated dates of completion of the several parts. (b) Working Hours: Permissible working hours are 7:00 AM to 7:00 PM Monday through Saturday, excluding holidays. Working hours are enforced by the Town of Prosper Police Department. Any variance to these working hours must be requested by the CONTRACTOR in writing at least two weeks in advance and will require approval from the OWNER upon positive recommendation of the ENGINEER. Item 11 PAGE 40 (c) Extension of Time: Should the CONTRACTOR be delayed in the completion of the work by any act or neglect of the OWNER or ENGINEER, or of any employee of either, or by other contractors employed by the OWNER, or by changes ordered in the work, or by strikes, lockouts, fires, and unusual delays by common carriers, or uncontrollable cause or causes beyond the CONTRACTOR'S control, and the OWNER and ENGINEER decides such cause justifies the delay, then an extension of time sufficient to compensate for the delay as determined by the OWNER or ENGINEER shall be allowed for completing the work; provided, however, that the CONTRACTOR shall give the OWNER or ENGINEER prompt notice in writing of the cause of such delay. (d) Hindrances and Delays: No claims shall be made by the CONTRACTOR for damages resulting from hindrances or delays from any cause (except where the work is stopped by order of the OWNER) during the progress of any portion of the work embraced in this contract. In case said work shall be stopped by the act of the OWNER, then such expense as in the judgment of the ENGINEER is caused by such stoppage of said work shall be paid by the OWNER to the CONTRACTOR. (e) Liquidated Damages: The time of completion is of the essence for this Contract. For each day that any work shall remain uncompleted after the time specified in the Contract or in an executed Change Order, including milestone completion dates, substantial completion, and final completion, the OWNER may deduct the following sum from monies due to the CONTRACTOR for each day the work remains uncompleted: Amount of Contract Amount of Liquidated Damages Less than $50,000 $100 per day $50,000 to $100,000 $150 per day $100,000 to $500,000 $200 per day $500,000 to $1,000,000 $250 per day $1,000,000 to $5,000,000 $500 per day Greater than $5,000,000 $750 per day GC.07 CONTROL OF WORK AND MATERIAL: (a) Shop Drawings and Submittals: The CONTRACTOR shall submit to the OWNER or ENGINEER, with such promptness as to cause no delay in his own work or in that of any other contractor, four (4) checked copies, unless otherwise specified, of all shop and/or setting drawings and schedules required for the work of the various trades, and the OWNER or ENGINEER shall pass upon them with reasonable promptness, noting desired corrections. The CONTRACTOR shall make any corrections required by the OWNER or ENGINEER, file with him two corrected copies and furnish such other copies as may be needed. The OWNER’S or ENGINEER'S approval of such drawings or schedules shall not relieve the CONTRACTOR from responsibility for deviations from drawings or specifications, unless he has in writing called the OWNER’S or ENGINEER'S attention to such deviations at the time of submission, nor shall it relieve him from responsibility for errors of any sort in shop drawings or schedules. It shall be the CONTRACTOR'S responsibility to fully and completely review all shop drawings to ascertain their Item 11 PAGE 41 effect on his ability to perform the required contract work in accordance with the plans and specifications and within the contract time. Such review by the OWNER or ENGINEER shall be for the sole purpose of determining the sufficiency of said drawings or schedules to result in finished improvements in conformity with the plans and specifications, and shall not relieve the CONTRACTOR of his duty as an independent contractor as previously set forth, it being expressly understood and agreed that the OWNER or ENGINEER does not assume any duty to pass upon the propriety or adequacy of such drawings or schedules, or any means or methods reflected thereby, in relation to the safety of either person or property during CONTRACTOR'S performance hereunder. (b) Temporary Traffic Control: Where the Work is carried on, in or adjacent to any road, alley, sidewalk, trail, or other public space, the CONTRACTOR shall at his own cost and expense furnish, erect and maintain temporary traffic control devices and shall take such other precautionary measures for the protection of persons or property and of the Work as are necessary. A sufficient number and arrangement of temporary traffic control devices shall be erected to keep vehicles and persons from entering on or into any work under construction. The CONTRACTOR's responsibility for the maintenance of barricades, signs and lights, and for providing watchmen, shall not cease until the project has been accepted by the Owner. All temporary traffic control devices shall be clearly visible at all times of day and night. Signs and barricades shall constructed of retro-reflective sheeting, and cones and other channelizing devices shall have retro-reflective banding. All temporary traffic control devices shall comply with and have the meanings prescribed by the Texas Manual of Uniform Traffic Control Devices. The Contractor shall at all times coordinate the closing of any section of road, alley, sidewalk, trail, or other public space with the OWNER or ENGINEER. When such a closing is anticipated to have a duration longer than one (1) hour, the CONTRACTOR shall submit a traffic control plan at least 72 hours in advance to the OWNER or ENGINEER for review and approval. The CONTRACTOR shall be held responsible for all damage to the Work due to failure of barricades, signs, to protect it, and whenever evidence is found of such damage, the OWNER or ENGINEER may order the damaged portion immediately removed and replaced by the CONTRACTOR at his cost and expense. (c) Public Convenience: Materials stored about the Work shall be so placed, and the Work shall at all times to be so conducted, as to cause no greater obstruction to the traveling public than is considered necessary by the OWNER. The CONTRACTOR shall make provisions at all roads, alleys, sidewalks, trails, and private driveways for the free passage of pedestrians and vehicles provided that where free passage is impractical or unnecessary in the opinion of the OWNER, the CONTRACTOR may make arrangements satisfactory to the OWNER for the diversion of traffic and shall, at his own expense, provide all material and perform all work necessary for the construction and maintenance of such diversions. The materials excavated, and the construction materials or plant used in the construction of the Work, shall be placed so as not to endanger the Work or prevent free access to all public and private utilities and related appurtenances. Item 11 PAGE 42 The OWNER reserves the right to remedy any neglect on the part of the CONTRACTOR as regards to the public convenience and safety which may come to its attention after twenty-four (24) hours’ notice in writing the CONTRACTOR, save in cases of emergency, when it shall have the right to remedy any neglect without notice; and in either case, the cost of such work done by the OWNER shall be deducted from monies due or to become due to the Contractor. (d) Testing of Materials: Testing and inspection of materials required by the specifications shall be performed by a commercial testing laboratory selected by the CONTRACTOR and approved by the OWNER. Except as otherwise noted, the costs of laboratory tests will be paid by the CONTRACTOR, including any materials or specimens for testing. Any testing of material or workmanship required due to failure will be paid for by the CONTRACTOR. This payment will be made direct to the testing laboratory by the CONTRACTOR. The CONTRACTOR shall furnish at his own expense, suitable evidence that the materials he proposes to incorporate into the work are in accordance with the specifications. Mill tests for reinforcing steel and cement will be acceptable if it is definite that the test sheets apply to the material being furnished. Manufacturer's or supplier's test results will be acceptable for such items as pipe, valves, hydrants when it is definite that the material being furnished is in accordance with the manufacturer's or supplier's specifications to which the test results apply. Supplier's evidence of quality and gradation of asphaltic material will be acceptable as long as the material is secured from the sources to which the evidence applies. Should the CONTRACTOR fail to provide the above information, or should the validity of the above information be called into question, the OWNER shall have the right to require tests to be made by the OWNER's laboratory to obtain this information and the cost therefore shall be borne by the CONTRACTOR or deducted from monies owed by the OWNER to the CONTRACTOR. (e) Trench Excavation Protection: It is the sole duty, responsibility, and prerogative of the CONTRACTOR, not the OWNER or ENGINEER, to determine the specific applicability of a trench safety system to each field condition encountered on the project as required by Part 1926, Sub-part P-Excavations, Trenching, and Shoring of the Occupational Safety and Health Administration's Standards and Interpretations. It will be the Contractor's responsibility to identify the soil type and to accurately adjust his trench safety methods according to the OSHA requirements. (f) Explosives: The use of explosives shall not be permitted. GC.08 INSPECTION AND ACCEPTANCE: (a) Inspection of Work: Inspection will be performed by representatives of the OWNER, ENGINEER, other reviewing agencies, and their designees. It is the intent of the OWNER to inspect all work on this project. The CONTRACTOR is responsible for verifying with the OWNER, ENGINEER, or other reviewing agencies when an inspector is and is not required. The CONTRACTOR shall furnish the OWNER, ENGINEER, other reviewing agencies, and their designees reasonable access and facilities for inspecting the Work and determining whether or not the Work is in accordance with the Contract Documents Item 11 PAGE 43 The CONTRACTOR shall be responsible for all costs associated with verifying the acceptability of work completed without proper inspection, as directed by the OWNER, ENGINEER, or other reviewing agency. If deemed to be unacceptable, the work may be ordered removed at the CONTRACTOR's expense. (b) Inspection Overtime: The OWNER and ENGINEER will provide inspection staff on weekdays between 8:00 AM and 5:00 PM. Inspection performed outside these hours or on weekends or holidays may be subject to an inspection overtime fee determined by the OWNER and ENGINEER. The CONTRACTOR is responsible for determining inspection overtime rules of other reviewing agencies. (c) Use of Completed Portions: The OWNER shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding the time for completing the entire work or such portions may not have expired. Such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents, nor shall the risk of loss change from CONTRACTOR to OWNER. If such prior use increases the cost of or delays the work, the CONTRACTOR shall be entitled to such extra compensation, or extension of time, or both, as the OWNER or ENGINEER may determine. (d) Defects and their Remedies: If the Work or any portion thereof, or any material brought on the site of the Work for use in the Work or selected for the same, shall be deemed by the OWNER or ENGINEER as unsuitable or not in conformity with the specifications, the CONTRACTOR shall, after receipt of written notice thereof from the OWNER or ENGINEER, forthwith remove such material and rebuild or otherwise remedy such work so that it shall be in full accordance with this contract. (e) Preliminary Final Inspection: Upon substantial completion of the Work, the CONTRACTOR shall request a preliminary final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. The OWNER or ENGINEER will provide written notice of any defects to the CONTRACTOR and the CONTRACTOR shall promptly remedy such defects in accordance with the Contract Documents. (f) Final Inspection: Upon completion of all items identified on the punch list, the CONTRACTOR shall request a final inspection of the Work by representatives of the OWNER, ENGINEER, and other reviewing agencies. If additional defects are noted, the CONTRACTOR shall promptly remedy such defects and repeat this process. If the Work is found to be acceptable, the OWNER or ENGINEER will provide written notice of Completion of the Work to the CONTRACTOR. (g) Acceptance: Upon Completion, the CONTRACTOR shall submit to the OWNER or ENGINEER such documentation as is necessary to insure that the work has been completed, subcontractors and suppliers have been paid, any claims received have been settled, and other documentation as required by the OWNER or ENGINEER. If the documentation is found to be acceptable, the OWNER or ENGINEER will issue a written notice of Acceptance of the Work to the CONTRACTOR. GC.09 MEASUREMENT AND PAYMENT: Item 11 PAGE 44 (a) Estimated Quantities: The quantities of each item on the bid proposal blank represent the approximate amount of work to be done. Final quantities actually built will be determined and paid for by actual measurements on the ground of the final work completed. Bidders are especially notified that no incidental items of work will be paid for unless there appears an item in the proposal blank for such work. It must be strictly understood that the prices bid are for complete and acceptable work. (b) Measurement: Quantities of individual items of work shall be based on the final, in- place quantity of the item of work, measured or computed using the units specified in the Proposal. Where a discrepancy in measured or computed quantities occurs among the OWNER, ENGINEER, and CONTRACTOR, the parties attempt to reconcile the discrepancy. If no reconciliation is possible, the determination of the ENGINEER shall be used. (c) Progress Payments: As close as practical to the end of each month in which work has been performed, the CONTRACTOR shall prepare and submit to the OWNER an application for payment showing as completely as practicable the total value of the work done by the CONTRACTOR up to and including the last day immediately preceding the date of such application and the value of all sound materials delivered on the site of the work that are to be fabricated into the work. The OWNER'S REPRESENTATIVE and/or ENGINEER shall promptly review CONTRACTOR'S application for payment, shall either approve or modify the total value of the work done by CONTRACTOR and the value of materials delivered on the site, and shall submit to OWNER such application for payment as approved or modified with OWNER’S REPRESENTATIVE'S and/or ENGINEER'S recommendation affixed thereto within ten (10) business days following the receipt of the application from CONTRACTOR. The OWNER shall pay the CONTRACTOR within thirty (30) days following receipt of the application from CONTRACTOR, less any amount held for retainage or outstanding claims or defective work. (d) Payment Withheld: The OWNER may withhold any payment otherwise due to the CONTRACTOR. The amount of any withheld payment shall be as necessary to protect the OWNER's interest in the following circumstances: (i) unsatisfactory progress of the Work within the CONTRACTOR's control; (ii) reasonable doubt that the Work can be completed for the unpaid balance; (iii) failure of the CONTRACTOR to carry out orders of the OWNER; (iv) defective work not remedied; (v) the filing of a claim against the CONTRACTOR or reasonable evidence that a claim will be filled against the CONTRACTOR; (vi) failure of the CONTRACTOR to make payment to subcontractors or suppliers for material and labor used in performance of the Work; (vii) unsafe working conditions or threats to persons or property allowed to persist by the CONTRACTOR; (viii) failure of the CONTRACTOR to provide work schedules, invoices, or other records requested by the OWNER; (ix) use of subcontractors without the consent of the ENGINEER or OWNER; (x) or, failure of the CONTRACTOR to keep current redline as-built drawings at the job site or to turn redline as-built drawings over to the OWNER. Item 11 PAGE 45 GC.10 EXTRA WORK AND CLAIMS: (a) Change Orders: Without invalidating this Agreement, the OWNER may, at any time or from time to time, order additions, deletions or revisions to the work; such changes will be authorized by written Change Order prepared by the OWNER for execution by the CONTRACTOR. The Change Order shall set forth the basis for any change in contract price, as hereinafter set forth for Extra Work, and any change in contract time which may result from the change. In the event the CONTRACTOR shall refuse to execute a Change Order which has been prepared by the OWNER, the OWNER may in writing instruct the CONTRACTOR to proceed with the work as set forth in the Change Order and the CONTRACTOR may make claim against the OWNER for Extra Work involved therein, as hereinafter provided. (b) Minor Changes: The OWNER or ENGINEER may authorize minor changes in the work not inconsistent with the overall intent of the Contract Documents and not involving an increase in Contract Price. If the CONTRACTOR believes that any minor change or alteration authorized by the OWNER or ENGINEER involves Extra Work and entitles him to an increase in the Contract Price, the CONTRACTOR shall make written request to the OWNER or ENGINEER for a written Field Order. Any request by the CONTRACTOR for a change in Contract Price shall be made in writing in accordance with the provisions of this section prior to beginning the work covered by the proposed change. (c) Extra Work: It is agreed that the basis of compensation to the CONTRACTOR for work either added or deleted by a Change Order or for which a claim for Extra Work is made shall be determined by one or more of the following methods: Method (A) - By agreed unit prices; or Method (B) - By agreed lump sum; or Method (C) - If neither Method (A) nor Method (B) be agreed upon before the Extra Work is commenced, then the CONTRACTOR shall be paid the "actual field cost" of the work, plus fifteen (15) percent. In the event said Extra Work be performed and paid for under Method (C), then the provisions of this paragraph shall apply and the "actual field cost" is hereby defined to include the cost to the CONTRACTOR of all workmen, such as foreman, timekeepers, mechanics and laborers, and materials, supplies, teams, trucks, rentals on machinery and equipment, for the time actually employed or used on such Extra Work, plus actual transportation charges necessarily incurred, together with all power, fuel, lubricants, water and similar operating expenses, also all necessary incidental expenses incurred directly on account of such Extra Work, including Social Security Old Age Benefits and other payroll taxes, and, a rateable proportion of premiums on Performance and Payment Bonds and Maintenance Bonds, Public Liability and Property Damage and Workmen's Compensation, and all other insurance as may be required by any law or ordinance, or directed by the OWNER, or by them agreed to. The OWNER or ENGINEER may direct the form in which accounts of the "actual field cost" shall be kept and the records of these accounts shall be made available to the OWNER or ENGINEER. The OWNER or Item 11 PAGE 46 ENGINEER may also specify in writing, before the work commences, the method of doing the work and the type and kind of machinery and equipment to be used; otherwise these matters shall be determined by the CONTRACTOR. Unless otherwise agreed upon, the prices for the use of machinery and equipment shall be determined by using 100 percent, unless otherwise specified, of the latest schedule of Equipment Ownership Expense adopted by the Associated General Contractors of America. Where practicable the terms and prices for the use of machinery and equipment shall be incorporated in the written Change Order. The fifteen percent (15%) of the "actual field cost" to be paid the CONTRACTOR shall cover and compensate him for his profit, overhead, general superintendence and field office expense, and all other elements of cost and expense not embraced within the "actual field cost" as herein defined; save that where the CONTRACTOR'S Camp or Field Office must be maintained primarily on account of such Extra Work, then the cost to maintain and operate the same shall be included in the "actual field cost." No claim for Extra Work of any kind will be allowed unless ordered in writing by the OWNER or ENGINEER. In case any orders or instructions, either oral or written, appear to the CONTRACTOR to involve Extra Work for which he should receive compensation or an adjustment in the construction time, he shall make written request to the OWNER or ENGINEER for written order authorizing such Extra Work. Should a difference of opinion arise as to what does or does not constitute Extra Work, or as to the payment therefore, and the OWNER or ENGINEER insists upon its performance, the CONTRACTOR shall proceed with the work after making written request for written order and shall keep an accurate account of the "actual field cost" thereof, as provided under Method (C). The CONTRACTOR will thereby preserve the right to submit the matter of payment to a court of general jurisdiction to decide the matter, otherwise the CONTRACTOR shall waive all claims for payment for Extra Work. GC.11 CONTRACT TERMINATION (a) Abandonment by CONTRACTOR: In case the CONTRACTOR should abandon and fail or refuse to resume work within ten (10) days after written notification from the OWNER or ENGINEER, or if the CONTRACTOR fails to comply with the orders of the OWNER or ENGINEER, when such orders are consistent with the Contract Documents, then, and in that case, where performance and payment bonds exist, the Sureties on these bonds shall be notified in writing and directed to complete the work, and a copy of said notice shall be delivered to the CONTRACTOR. After receiving said notice of abandonment, the CONTRACTOR shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the OWNER or the Surety on the performance bond, or another contractor in completion of the work; and the CONTRACTOR shall not receive any rental or credit therefore (except when used in connection with Extra Work, where credit shall be allowed as provided for under Section 6, Extra Work and Claims), it being understood that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In case the Surety should fail to commence compliance with the notice for completion hereinbefore provided for, within ten (10) days after service of such Item 11 PAGE 47 notice, then the OWNER may provide for completion of the work in either of the following elective manners: The OWNER may employ such force of men and use such machinery, equipment, tools, materials and supplies as said OWNER may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to said CONTRACTOR, and expense so charged shall be deducted and paid by the OWNER out of such moneys as may be due, or that may thereafter at any time become due to the CONTRACTOR under and by virtue of this Agreement. In case such expense is less than the sum which would have been payable under this contract, if the same had been completed by the CONTRACTOR, then said CONTRACTOR shall receive the difference. In case such expense is greater than the sum which would have been payable under this contract, if the same had been completed by said CONTRACTOR, then the CONTRACTOR and/or his Surety shall pay the amount of such excess to the OWNER; or The OWNER under sealed bids, after five (5) days’ notice published one or more times in a newspaper having general circulation in the county of the location of the work, may let the contract for the completion of the work under substantially the same terms and conditions which are provided in this contract. In the case of any increase in cost to the OWNER under the new contract as compared to what would have been the cost under this contract, such increase shall be charged to the CONTRACTOR and the Surety shall be and remain bound therefore. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this contract, the CONTRACTOR and/his Surety shall be credited therewith. When the work shall have been substantially completed the CONTRACTOR and his Surety shall be so notified and Certificates of Completion and Acceptance shall be issued. A complete itemized statement of the contract accounts, certified to by the OWNER or ENGINEER as being correct, shall then be prepared and delivered to the CONTRACTOR and his Surety, whereupon the CONTRACTOR and/or his Surety, or the OWNER as the case may be, shall pay the balance due as reflected by said statement, within fifteen (15) days after the date of such Certificate of Completion. After final completion of the work and in the event the statement of accounts shows that the cost to complete the work is less than that which would have been the cost to the OWNER had the work been completed by the CONTRACTOR under the terms of this contract; or when the CONTRACTOR and/or his Surety shall pay the balance shown to be due by them to the OWNER, then all machinery, equipment, tools, materials or supplies left on the site of the work shall be turned over the CONTRACTOR and/or his Surety. Should the cost to complete the work exceed the contract price, and the CONTRACTOR and/or his Surety fail to pay the amount due the OWNER within the time designated hereinabove, and there remains any machinery, equipment, tools, materials or supplies on the site of the work, notice thereof, together with an itemized list of such equipment and materials, shall be mailed to the CONTRACTOR and his Surety at the respective addresses designated in this contract; provided, however, that actual written notice given in any manner will satisfy this condition. After mailing, or other giving of such notice, such property shall be held at the risk of the CONTRACTOR and his Surety subject only to the duty of the OWNER to exercise ordinary care to protect such property. Item 11 PAGE 48 After fifteen (15) days from the date of said notice the OWNER may sell such machinery, equipment, tools, materials or supplies and apply the net sum derived from such sale to the credit of the CONTRACTOR and his Surety. Such sale may be made at either public or private sale, with or without notice, as the OWNER may elect. The OWNER shall release any machinery, equipment, tools, materials, or supplies, which remain on the work, and belong to persons other than the CONTRACTOR or his Surety, to their proper owners. (b) Abandonment by OWNER: In case the OWNER shall fail to comply with the terms of this contract within ten (10) days after written notification by the CONTRACTOR, then the CONTRACTOR may suspend or wholly abandon the work, and may remove therefrom all machinery, tools and equipment, and all materials on the site of work that have not been included in payments to the CONTRACTOR and have not been wrought into the work. Thereupon the ENGINEER shall make an estimate of the total amount earned by the CONTRACTOR, which estimate shall include the value of all work actually completed by said CONTRACTOR, the value of all partially completed work at a fair and equitable price, and the amount of all Extra Work performed at the prices agreed upon, or provided for by the items of this contract, and a reasonable sum to cover the cost of any provisions made by the CONTRACTOR to carry the whole work to completion and which cannot be utilized. The ENGINEER shall then make a final statement of the balance due the CONTRACTOR by deducting from the above estimate all previous payments by the OWNER and all other sums that may be retained by the OWNER under the terms of this Agreement and shall certify same to the OWNER who shall pay to the CONTRACTOR on or before thirty (30) days after the date of delivery to OWNER of such certified final statement. (c) Termination of Contract in Case of National Emergency: Whenever, because of a national emergency, so declared by the President of the United States or other lawful authority, it becomes impossible for the Contractor to obtain all of the necessary labor, material and equipment for the prosecution of the work with reasonable continuity for a period of two (2) months, the Contractor shall within seven (7) days notify the Owner in writing, giving a detailed statement of the efforts which have been made and listing all necessary items of labor, material and equipment not obtainable. If, after investigation, the Owner finds that such conditions exist and that the inability of the Contractor to proceed is not attributable in whole or in part to the fault or neglect of the Contract, then if the Owner cannot after reasonable effort assist the Contractor in procuring and making available the necessary labor, materials, and equipment within thirty (30) days, the Contractor may request the Owner to terminate the contract and the Owner shall within thirty (30) days comply with the request, and the termination shall be based on a final settlement, which shall include, but not be limited to, the payment for all work executed. Item 11 PAGE 49 SPECIFICATIONS SP.01 PURPOSE: The purpose of this improvement is to improve drainage and safety of the soccer fields located at Frontier Park, 1551 Frontier Pkwy, Prosper, Texas 75078. The Specifications contained herein set forth conditions or requirements particular to this Contract: FRONTIER PARK SOCCER FIELD IMPROVEMENTS BID NO. 2017-48-B SP.02 SCOPE OF WORK: The CONTRACTOR will complete the following: (a) Mark and locate all valves, head and main lines of the irrigation. (b) Scrape-off all existing sod, and remove from site. (c) Remove all high spots in the field, and re-level the field. (d) Ensure that field has positive flow from east to west. (e) Supply and install irrigation lateral lines 12” to 14” deep, and relocate valves to the middle of the complex. Valves shall be in direct line of the ballfield light poles located down the center of the fields. Must use Hunter I-25 heads/rain nozzles for tie-in to the Town’s current irrigation system. (f) Valve boxes will be level with grass, as well as all heads. (g) Supply and install Texas Pure Topdressing. To order, contact the Environmental Waste Services Customer Service at (972) 769-4150. (h) Supply and install sod, Bermuda 419. (i) Test irrigation to ensure it operates properly. SP.03 PRICING: Lump sum project price shall consist of furnishing all labor, equipment and materials (except as otherwise specified), and performing all work necessary for the improvements as outlined in the above Scope of Work (SP.02). Item 11 Item 11 Item 11