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12.12.17 Town Council Regular Meeting PacketPage 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. Presentations. • Presentation of a Proclamation to the Prosper High School Varsity Volleyball Team in recognition for winning the UIL 5A State Volleyball Championship. (RB) 5. CONSENT AGENDA: (Items placed on the Consent Agenda are considered routine in nature and non- controversial. The Consent Agenda can be acted upon in one motion. Items may be removed from the Consent Agenda by the request of Council Members or staff.) 5a. Consider and act upon minutes from the following Town Council meeting. (RB) • Regular Meeting – November 28, 2017 5b. Receive the October Financial Report (KN) 5c. Consider and act upon an Ordinance increasing the maximum combined rates of the Town’s normal contributions and prior service contributions to the Texas Municipal Retirement System at a rate that does not exceed 15.50%. (LR) 5d. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning Commission on any Site Plan or Preliminary Site Plan. (AG) 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related AGENDA Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway, Prosper, Texas Tuesday, December 12, 2017 6:00 p.m. Page 2 of 3 item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. DEPARTMENT ITEMS: 7. Consider the Special Purpose District Committee’s recommendation to call an election to create two special purpose districts: Crime Control and Prevention District and a Fire Control, Prevention, and Emergency Medical Services District with those districts funded by the elimination of the 0.50% sales and use tax property tax relief; reallocate such sales and use tax by 0.25% to each specified district; and the current special purpose district committee members be appointed as the temporary board. (KN) 8. Consider and act upon amending Ordinance No. 16-55 (FY 2016-2017 Budget). (KN) 9. Consider and act upon amending Ordinance No. 17-65 (FY 2017-2018 Budget) and Capital Improvement Plan. (KN) 10. Consider and act upon an ordinance amending Subsections (b) and (c) of Section 10.01.001, “Engineering Design Standards,” of Article 10.01, “General Provisions,” of Chapter 10, “Subdivision Regulation,” of the Town’s Code of Ordinances by adopting new Water System Design Requirements and new Wastewater System Design Requirements. (SG) 11. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the design of the Cook Lane and E-W Collector project. (SG) 12. Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between BW2 Engineers, Inc., and the Town of Prosper, Texas, related to the design of the Whitley Park Trail Extension project. (DR) 13. Discussion on adopting the 2015 International Property Maintenance Code. (JW) 14. Discussion on proposed amendments to the Sign Code. (MD17-0009). (JW) 15. 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: 15a. Section 551.087 – To discuss and consider economic development incentives. 15b. 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. 16. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. 17. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Update on Downtown Road Projects. (MB) • US 380 Median Improvements Update (DR) Page 3 of 3 • Discussion on Amending the Zoning Ordinance Regarding Cell Towers. (JW) 18. Adjourn. CERTIFICATION I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper Town Hall, located at 121 W. Broadway Street, Prosper, Texas 75078, a place convenient and readily accessible to the general public at all times, and said Notice was posted by 6:00 p.m., on December 8, 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 5 ] Prosper is a place where everyone matters. 1.Call to Order/Roll Call. The meeting was called to order 6:00 p.m. Council Members Present: Mayor Ray Smith Mayor Pro-Tem Curry Vogelsang, Jr. Deputy Mayor Pro-Tem Jason Dixon Councilmember Michael Korbuly Councilmember Kenneth Dugger Councilmember Meigs Miller Councilmember Jeff Hodges Staff Members Present: Harlan Jefferson, Town Manager Robyn Battle, Town Secretary/Public Information Officer Terrence Welch, Town Attorney Hulon Webb, Executive Director of Development and Community Services John Webb, Development Services Director Alex Glushko, Planning Manager Steve Glass, Deputy Director of Engineering Services Leslie Scott, Library Director Leigh Johnson, IT Director Doug Kowalski, Police Chief 2.Invocation, Pledge of Allegiance and Pledge to the Texas Flag. Isaac Varela of Legacy Church led the invocation. The Pledge of Allegiance and the Pledge to the Texas Flag were recited. 3.Announcements of recent and upcoming events. The Prosper Rotary Club and Lions Club Christmas Parade will begin at 2:30 p.m. this Saturday, December 2 in Frontier Park. Make plans to arrive early, as portions of Frontier Parkway will be closed during the parade. Community groups, civic organizations, scout troops, and businesses will join in the fun. Proceeds from the parade will benefit the Prosper Police Department’s “Cops with a Claus” program. The Annual Prosper Christmas Festival will be held in Frontier Park immediately following the parade. From 3:00-6:00 p.m., families can enjoy a traditional hometown celebration with food, activities, live performances, vendors, the Christmas Tree lighting, and fireworks. Shuttle service will be provided from the High School to Frontier Park. More information is available at www.prosperchristmasfestival.org MINUTES Meeting of the Prosper Town Council Prosper Municipal Chambers 108 W. Broadway Street Prosper, TX 75078 Tuesday, November 28, 2017 Item 5a Page 2 of 5 The Prosper Fire Department is partnering with Cornerstone Assistant Network by collecting coats for boys and girls of all ages this Christmas. Collection boxes are located in the lobbies of both Fire Stations. Councilmember Hodges congratulated the Prosper High School Varsity Volleyball Team on winning the State Championship. The Prosper Football Team will play the next playoff game this Friday, December 1. 4. Presentations. • Recognition of the Town of Prosper Police Department Chaplains. (DK) Police Chief Kowalski recognized the Police Department’s Chaplains, who provide counseling services and minister to Prosper residents who are the victim of a crime, involved in an accident, or otherwise receive assistance from the Prosper Police or Fire Department: Isaac Varela, Legacy Church Cedric White, Heart Fellowship John Herring, First Baptist Church of Prosper Melissa Hatch, Prosper United Methodist Church 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 – November 14, 2017 Mayor Pro-Tem Vogelsang removed Items 5b and 5c from the Consent Agenda. Councilmember Dugger made a motion and Deputy Mayor Pro-Tem Dixon seconded the motion to approve Item 5a. The motion was approved by a vote of 7-0. 5b. Consider and act upon approving the purchase of networking and virtual server hardware for the Town of Prosper Town Hall/Multi-Purpose Facility, from Weaver Technologies, Inc., through the Texas Department of Information Resources (DIR) Purchasing Contract. (LJ) 5c. Consider and act upon approving the purchase of computer workstation hardware, from Weaver Technologies, Inc., through the Texas Department of Information Resources (DIR) Purchasing Contract. (LJ) Leigh Johnson, IT Director, responded to questions from the Council regarding the data design, port counts, and Wi-Fi access points for the proposed networking and virtual server hardware. Item 5a Page 3 of 5 Mr. Johnson also responded to questions from the Council about the rugged laptops to be purchased, noting staff’s intent to provide the needed features at the best value. After discussion, Mayor Pro-Tem Vogelsang made a motion and Councilmember Dugger seconded the motion to approve Items 5b and 5c. The motion was approved by a vote of 7-0. 6. CITIZEN COMMENTS: The public is invited to address the Council on any topic. However, the Council is unable to discuss or take action on any topic not listed on this agenda. Please complete a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. There were no Citizen Comments. REGULAR AGENDA: If you wish to address the Council during the regular agenda portion of the meeting, please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the meeting. Citizens wishing to address the Council for items listed as public hearings will be recognized by the Mayor. Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case basis, at the discretion of the Mayor and Town Council. PUBLIC HEARINGS: 7. Conduct a Public Hearing, and consider and act upon an ordinance amending a portion of Planned Development-26-Office/Industrial (PD-26-O/I) to a allow gymnastics/dance studio as a permitted use on 50.9+ acres (Prosper Business Park), located on the northeast and southeast corners of Cook Lane and Industry Way. (Z17-0017). (AG) Planning Manager Alex Glushko presented this item before the Town Council. The proposed PD amendment would allow for a gymnastics/dance studio as a permitted use in the portion of the PD known as Prosper Business Park. Mr. Glushko reviewed the terms of the PD amendment. Mayor Smith opened the Public Hearing. With no one speaking, Mayor Smith closed the Public Hearing. Deputy Mayor Pro-Tem Dixon made a motion and Councilmember Dugger seconded the motion to approve Ordinance No. 17-85 amending a portion of Planned Development-26- Office/Industrial (PD-26-O/I) to allow a gymnastics/dance studio as a permitted use on 50.9+ acres (Prosper Business Park), located on the northeast and southeast corners of Cook Lane and Industry Way. The motion was approved by a vote of 7-0. Item 5a Page 4 of 5 The Town Council recessed into Executive Session at 6:20 p.m. 9a. Section 551.087 – To discuss and consider economic development incentives. The Town Council reconvened the Regular Session at 6:33 p.m. No action was taken as a result of Executive Session DEPARTMENT ITEMS: 8. Consider and act upon an ordinance amending a portion of Planned Development- 41-Mixed Use (PD-41-MU), on 127.3± acres, located on the northwest corner of US 380 and Dallas Parkway, to facilitate a mixed use development (Prosper West). (Z17-0014) (AG) Planning Manager Alex Glushko presented this item before the Town Council. The Town Council approved the zoning request on November 14, 2017, subject to several conditions that have been incorporated into the proposed ordinance. Mr. Glushko reviewed the revisions provided by the applicant, and answered questions about the various phases of development. Town Attorney Terrence Welch clarified that the PD determines the permitted uses within the development; however, the TIRZ Development and Financing agreement outlines the timing requirements for development that determines the developer’s eligibility for reimbursement. Mr. Glushko confirmed that Town staff will ensure that any appropriate rooftop mechanical equipment is screened according to the Town’s requirements. The Council expressed concern about the architectural features and façade materials for structured parking within the development. After discussion, Councilmember Miller made a motion and Councilmember Dugger seconded the motion approving Ordinance No. 17-86 amending a portion of Planned Development-41-Mixed Use (PD-41-MU), on 127.3± acres, located on the northwest corner of US 380 and Dallas Parkway, to facilitate a mixed-use development (Prosper West); further, Section H. 2. – Above Grade Structured Parking, of Exhibit C – Sub-District Regulations, Building Criteria, shall be revised to read as follows: 2. It is the intent of this provision that the façades of surrounding buildings and the façades of any parking structures within view of public streets shall be visually similar, with construction materials being compatible. The motion was approved by a vote of 7-0. 9. EXECUTIVE SESSION: Recess into Closed Session in compliance with Section 551.001 et seq. Texas Government Code, as authorized by the Texas Open Meetings Act, to deliberate regarding: 9a. Section 551.087 – To discuss and consider economic development incentives. 9b. Section 551.072 – To discuss and consider purchase, exchange, lease or value of real property for municipal purposes and all matters incident and related thereto. Item 5a Page 5 of 5 The Town Council recessed into Executive Session at 7:02 p.m. 10. Reconvene in Regular Session and take any action necessary as a result of the Closed Session. The Town Council reconvened the Regular Session at 7:46 p.m. No action was taken as a result of Executive Session. 11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting. • Discussion on Water and Wastewater Design Standards (SG) Steve Glass, Deputy Director of Engineering, briefed the Council on proposed changes to the Town’s Water and Wastewater Design Standards. A proposed ordinance will be brought forward for Council consideration at a future Town Council meeting. 12. Adjourn. The meeting was adjourned at 7:48 p.m., on Tuesday, November 28, 2017. These minutes approved on the 12th day of December, 2017. APPROVED: Ray Smith, Mayor ATTEST: Robyn Battle, Town Secretary Item 5a Prosper is a place where everyone matters. MONTHLY FINANCIAL REPORT as of October 31, 2017 Budgetary Basis Prepared by Finance Department December 12, 2017 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT OCTOBER 2017 Table of Contents Dashboard Charts 1 - 3 General Fund 4 Water-Sewer Fund 5 Debt Service Fund 6 Vehicle and Equipment Replacement Fund 7 Storm Drainage Utility Fund 8 Park Dedication and Improvement Fund 9 TIRZ #1 - Blue Star Fund 10 TIRZ #2 - Matthews Southwest 11 Water Impact Fees Fund 12 Wastewater Impact Fees Fund 13 Thoroughfare Impact Fees Fund 14 Special Revenue Fund 15 Capital Projects Fund-General 16 Capital Projects Fund-Water/Sewer 17 Detail All Funds 18 Item 5b Oct & Nov sales tax receipt - compared to FY 2017 shows a significant increase. This is due to the retail sales segment which increased 83% from last year. Mainly in building material and home furn $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 Total Budget YTD Budget YTD Actual Building Permit Revenues 0 100,000 200,000 300,000 400,000 500,000 600,000 700,000 Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Town of Prosper, Texas Sales Tax Revenue by Month FY 14/15 FY15/16 FY 16/17 FY 17/18 Item 5b $28.461 $2.372 $1.846 $25.857 $2.155 $1.219 $- $5 $10 $15 $20 $25 $30 Total Budget YTD Budget YTD Actual In Millions General Fund Revenues and Expenditures Revenues Expenditures $18.016 $1.501 $1.077 $16.769 $1.397 $0.933 $- $2 $4 $6 $8 $10 $12 $14 $16 $18 $20 Total Budget YTD Budget YTD Actual In Millions Water -Sewer Fund Revenues and Expenditures Revenues Expenditures Item 5b Prosper is a place where everyone matters. GENERAL FUND AT A GLANCE %% Year Passed Resources 8.33% Revenues 4.72% Other Resources-Beginning Fund Balance 100.00% Uses 8.33% Expenditures 6.48% Ending Fund Balance 100.00% Resources Over (Under) Uses UTILITY FUNDS AT A GLANCE %% Year Passed Resources 8.33% Revenues 5.48% Other Resources-Beginning Fund Balance 100.00% Uses 8.33% Expenditures 5.93% Ending Fund Balance 100.00% Resources Over (Under) Uses OTHER MAJOR IMPACT FEE FUNDS AT A GLANCE %% Year Passed Resources 8.33% Revenues 5.80% Other Resources-Beginning Fund Balance 100.00% Uses 8.33% Expenditures 2.28% Ending Fund Balance 100.00% Resources Over (Under) Uses $0 $6,756,320 $17,130,653 $390,746 $8,249,232 $8,249,232 $10,598,218 $614,631 $14,781,667 $14,781,667 $0 $1,147,932 Category Budget YTD Actual $18,610,271 $1,103,746 $9,735,183 $9,735,183 $17,307,254 $948,661 $11,038,200 $11,038,200 $0 Category Budget YTD Actual $9,364,510$9,364,510 $1,845,664$28,461,361 $1,978,053 Category Budget YTD Actual $25,857,091 $11,968,780 $1,219,447 $11,968,780 Town of Prosper Monthly Financial Report FY 2017/2018 Through the Month Ended October 2017 Unaudited -Intended for Management Purposes Only The following is a summary of the Town's financial results for operating funds. This information is summarized from financial statements for the monthly period that ended October 2017. Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% GENERAL FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actuals Encumbrances Budget Balance YTD Percent Note YTD Actuals Prior Year REVENUES Property Taxes 12,203,683$ -$ 12,203,683$ 222,778$ -$ 11,980,905$ 2%1 120,003$ 86% Sales Taxes 6,142,420 - 6,142,420 451,010 - 5,691,410 7%2 365,170 24% Franchise Fees 1,105,090 - 1,105,090 67 - 1,105,023 0%3 107 -37% Building Permits 2,747,700 - 2,747,700 312,754 - 2,434,946 11%160,798 95% Other License, Fees & Permits 1,108,097 - 1,108,097 42,133 - 1,065,964 4%75,048 -44% Charges for Services 406,133 - 406,133 30,288 - 375,845 7%6,435 371% Fines & Warrants 419,580 - 419,580 42,063 - 377,517 10%30,332 39% Intergovernmental Revenue (Grants)- - - - - - - Investment Income 147,930 - 147,930 5,979 - 141,951 4%4 7,657 -22% Transfers In 896,634 - 896,634 74,720 - 821,915 8%90,931 -18% Miscellaneous 545,024 - 545,024 8,305 - 536,719 2%4,088 103% Park Fees 134,800 - 134,800 29,351 - 105,449 22%25,852 14% Total Revenues 25,857,091$ -$ 25,857,091$ 1,219,447$ -$ 24,637,644$ 5%886,421$ 38% EXPENDITURES Administration 5,651,869$ -$ 5,651,869$ 333,417$ 370,613$ 4,947,839$ 12%5 297,002$ 12% Police 4,758,772 - 4,758,772 376,329 50,625 4,331,818 9%5 197,849 90% Fire/EMS 6,278,631 - 6,278,631 444,027 137,333 5,697,271 9%5 287,462 54% Public Works 4,135,913 - 4,135,913 231,076 373,402 3,531,435 15%5 123,658 87% Community Services 3,959,067 - 3,959,067 238,950 332,932 3,387,185 14%5 109,019 119% Development Services 2,666,840 - 2,666,840 142,313 431,565 2,092,962 22%5 119,127 19% Engineering 1,010,269 - 1,010,269 79,551 65,301 865,417 14%5 44,160 80% Total Expenses 28,461,361$ -$ 28,461,361$ 1,845,664$ 1,761,772$ 24,853,925$ 13%1,178,277$ 57% REVENUE OVER (UNDER) EXPENDITURES (2,604,270)$ -$ (2,604,270)$ (626,217)$ (291,856)$ Beginning Fund Balance October 1-Unassigned/Unrestricted 11,968,780$ 11,968,780$ 10,028,374$ Ending Fund Balance 9,364,510$ 11,342,563$ 9,736,518$ Notes 1 Property taxes are billed in October and the majority of collections occur December through February. 2 Sales tax receipts received through November puts the YTD collections in a positive position. September sales tax receipts is 23.51% higher than sales tax receicpts received in September 2016. 3 Franchise use fees are collected quarterly and annually. The first quarterly payment will be received in January. 4 Investment Income is recorded when investment earnings are received. 5 Departments have been actively encumbering funds for annual contracts and projects and Finance has not updated budgets to reflect the PO roll forward until Council approves. Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% WATER-SEWER FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Water Charges for Services 10,250,224$ -$ 10,250,224$ 601,718$ -$ 9,648,506$ 6%1 416,637$ 44% Sewer Charges for Services 4,970,539 - 4,970,539 207,955 - 4,762,584 4%1 170,314 22% Sanitation Charges for Services 1,149,760 - 1,149,760 88,309 - 1,061,451 8%101,738 -13% License, Fees & Permits 108,706 - 108,706 9,838 - 98,868 9%9,019 9% Water Penalties 1,850 - 1,850 75 - 1,775 4%150 -50% Utility Billing Penalties 99,225 - 99,225 9,701 - 89,524 10%13,311 -27% Investment Income 71,421 - 71,421 4,092 - 67,329 6%2 5,722 -28% Other 117,178 - 117,178 11,173 - 106,005 10%17,159 -35% Total Revenues 16,768,903$ -$ 16,768,903$ 932,863$ -$ 15,836,040$ 6%734,050$ 27% EXPENDITURES Administration 3,993,280$ -$ 3,993,280$ 137,330$ 4,353$ 3,851,597$ 4%148,431$ -7% Debt Service 2,973,872 - 2,973,872 - - 2,973,872 0%- Water Purchases 4,153,586 - 4,153,586 350,083 - 3,803,503$ 8%- Public Works 6,895,211 - 6,895,211 589,906 600,381 5,704,925 17%3 324,856 82% Total Expenses 18,015,949$ -$ 18,015,949$ 1,077,319$ 604,733$ 23,159,366$ 9%473,288$ 128% REVENUE OVER (UNDER) EXPENDITURES (1,247,046)$ -$ (1,247,046)$ (144,456)$ 260,762$ Beginning Working Capital October 1 9,110,072 10,943,634 9,110,072 Ending Working Capital 7,863,026$ 10,799,178$ 9,370,834$ Notes 1 Water and Sewer charges are in line for the first billing of the month. Rate increases is reflected in the next monthly report. 2 Investment Income is recorded when investment earnings are received. 3 Departments have been actively encumbering funds for annual contracts and projects Average Monthly Average Cumulative and Finance has not updated budgets to reflect the PO roll forward until Council approves. October 10.0%10.0% Oct-17 Oct-16 Growth % November 7.7%17.7% WATER SEWER WATER SEWER Change December 5.1%22.8% # of Accts Residential 6,813 6,036 6,013 5,354 13.04%January 4.4%27.2% # of Accts Commercial 283 200 234 149 26.11%February 4.6%31.8% Consumption-Residential 121,961,210 43,305,186 87,265,890 35,159,725 34.99%March 4.7%36.5% Consumption-Commercial 16,505,530 4,380,850 13,407,690 3,752,990 21.71%April 6.6%43.1% Average Residential Water Consumption 17,901 14,513 23.35%May 7.1%50.2% Billed ($) Residential $716,466.18 $508,737.07 June 8.4%58.6% Billed ($) Commercial $126,647.58 $102,538.22 July 12.0%70.6% Total Billed ($) $843,113.76 $314,004.43 $611,275.29 $265,841.12 31.92%August 15.0%85.6% September 14.4%100.0% Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% DEBT SERVICE FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Property Taxes-Delinquent 141,463$ -$ 141,463$ 3,886$ -$ 137,577$ 3%1 8,178$ -52% Property Taxes-Current 4,810,042 - 4,810,042 88,772 - 4,721,270 2%1 41,585 113% Taxes-Penalties 35,520 - 35,520 1,427 - 34,093 4%1 2,245 -36% Interest Income 36,000 - 36,000 1,179 - 34,821 3%2 1,099 7% Total Revenues 5,023,025$ -$ 5,023,025$ 95,263$ -$ 4,927,762$ 2%53,106$ 79% EXPENDITURES Professional Services 8,400$ -$ 8,400$ -$ -$ 8,400$ -$ 2008 CO Bond Payment 558,000 - 558,000 - - 558,000 0%- 2010 Tax Note Payment - - - - - - - 2011 Refunding Bond Payment 117,000 - 117,000 - - 117,000 0%- 2012 GO Bond Payment 175,000 - 175,000 - - 175,000 0%- 2013 GO Refunding Bond 155,000 - 155,000 - - 155,000 0%- Bond Administrative Fees 7,650 - 7,650 400 - 7,250 5%800 -50% 2014 GO Bond Payment 255,000 - 255,000 - - 255,000 0%- 2015 GO Bond Payment 170,000 - 170,000 - - 170,000 0%- 2015 CO Bond Payment 60,000 - 60,000 - - 60,000 0%- 2016 GO Debt Payment 374,100 - 374,100 - - 374,100 0%- 2016 CO Debt Payment 115,000 - 115,000 - - 115,000 0%- 2017 CO Debt Payment 575,000 - 575,000 - - 575,000 0%- Bond Interest Expense 2,148,158 - 2,148,158 - - 2,148,158 0%- Total Expenditures 4,718,308$ -$ 4,718,308$ 400$ -$ 4,717,908$ 0%800$ 200% REVENUE OVER (UNDER) EXPENDITURES 304,717$ -$ 304,717$ 94,863$ 52,306$ Beginning Fund Balance October 1 1,841,724 2,147,440 1,841,724 Ending Fund Balance Current Month 2,146,441$ 2,242,303$ 1,894,030$ Notes 1 2 Investment Income is recorded when investment earnings are received. Property taxes are billed in October and the majority of collections occur December through February. Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% VEHICLE AND EQUIPMENT REPLACEMENT FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Charges for Services -$ -$ -$ -$ -$ -$ 41,732$ -100% Other Reimbursements 20,000 - 20,000 - - 20,000 0%1 - Interest Income 15,000 - 15,000 898 - 14,102 6%2 1,493 Transfers In 1,069,091 - 1,069,091 88,706 - 980,385 8%- Total Revenue 1,104,091$ -$ 1,104,091$ 89,604$ -$ 1,014,487$ 8%43,225$ 107% EXPENDITURES Vehicle Replacement 335,433$ -$ 335,433$ -$ 266,958$ 68,475$ 80%-$ Equipment Replacement 48,800 - 48,800 - - 48,800 0%- IT Replacement 94,700 - 94,700 - - 94,700 0%- Total Expenditures 478,933$ -$ 478,933$ -$ 266,958$ 211,975$ 56%-$ REVENUE OVER (UNDER) EXPENDITURES 625,158$ -$ 625,158$ 89,604$ 43,225$ Beginning Fund Balance October 1 1,677,754 1,916,776 1,677,754 Ending Fund Balance Current Month 2,302,912$ 2,006,380$ 1,720,979$ Notes 1 Auction revenues and insurance reimbursements are placed in the Other Reimbursements account as they occur. 2 Investment Income is recorded when investment earnings are received. Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% STORM DRAINAGE UTILITY FUND Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 45-4 Storm Drainage Utility Fee 528,351$ -$ 528,351$ 15,501$ -$ 512,850$ 3%1 13,763$ 13% 45-4 Interest Income 10,000 - 10,000 298 - 9,702 3%2 57 418% Other Revenue - - - - - - - Total Revenue 538,351$ -$ 538,351$ 15,799$ -$ 522,552$ 3%13,820$ 14% EXPENDITURES Personnel Services 150,649$ -$ 150,649$ 10,973$ -$ 139,676$ 7%10,409$ 5% Debt Service 291,545 - 291,545 - - 291,545 0%- 45-7 Operating Expenditures 20,700 - 20,700 4,503 - 16,197 22%3 7,847 -43% Transfers Out 131,428 - 131,428 10,952 - 120,476 8%1,531 616% Total Expenses 594,322$ -$ 594,322$ 26,428$ -$ 567,894$ 4%18,257$ 45% REVENUE OVER (UNDER) EXPENDITURES (55,971)$ -$ (55,971)$ (10,629)$ (4,436)$ Beginning Working Capital October 1 167,585 94,566 167,585 Ending Working Capital Current Month 111,614$ 83,937$ 163,149$ Note 1 Storm drainage fees are in line for the first billing of the month. Rate increases is reflected in the next monthly report. 2 3 Operating Expenditures relates to Whitley Place Drainage project and Finance has not updated budgets to reflect the PO roll forward until Council approves. YTD operating expenditures reflect transfers to CIP fund. A budget amendment at year end will address the transfers. Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% PARK DEDICATION AND IMPROVEMENT FUNDS Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES 60-4 Park Dedication-Fees 370,718$ -$ 370,718$ -$ -$ 370,718$ 0%76,039$ -100% 60-4 Park Improvements 1,298,000 - 1,298,000 - - 1,298,000 0%29,330 -100% Contributions/Grants - - - - - - 3 - 60-4 Interest-Park Dedication 10,000 - 10,000 1,094 - 8,906 11%564 94% 60-4 Interest-Park Improvements 8,000 - 8,000 845 - 7,155 11%687 23% Total Revenue 1,686,718$ -$ 1,686,718$ 1,939$ -$ 1,684,779$ 0%106,620$ -98% EXPENDITURES 60-5 Miscellaneous Expense -$ -$ -$ -$ -$ -$ -$ Professional Services-Park Ded - - - - - - - 60-5 Professional Services-Park Imp - - - - - - - Developer Reimbursement-Park Imp - - - - - - - 60-6 Capital Exp-Park Imp 570,000 - 570,000 - 803,985 (233,985) 141%1 - 60-6 Capital Exp-Park Ded 1,160,000 - 1,160,000 - 437,880 722,120 38%2 - Transfers Out - - - - - - - Total Expenses 1,730,000$ -$ 1,730,000$ -$ 1,241,865$ 488,135$ 72%-$ #DIV/0! REVENUE OVER (UNDER) EXPENDITURES (43,282)$ -$ (43,282)$ 1,939$ 106,620$ Beginning Fund Balance October 1 2,148,564 3,691,797 2,148,564 Ending Fund Balance Current Month 2,105,282$ 3,693,736$ 2,255,184$ Notes 1 Frontier Park North Field Improvements - design and CMAR services and encumbrance for contract. Encumbrance roll forward funding is pending Council approval. 2 Frontier Park North Field Improvements - CMAR services and encumbrance for contract. Encumbrance roll forward funding is pending Council approval. 3 FY 2016-2017 Town of Prosper received the following grant funds: Grant proceeds from Texas Parks & Wildlife $413,325 for Frontier Park North project. Grant proceeds from Collin County $167,802 for Frontier Park North project. Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% TIRZ #1 - BLUE STAR Original Budget Amended Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Budget Balance YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: Water Impact Fees 19,105$ -$ 19,105$ -$ 19,105$ 0%-$ Wastewater Impact Fees 14,110 - 14,110 - 14,110$ 0%- East Thoroughfare Impact Fees 332,938 - 332,938 - 332,938$ 0%- Property Taxes - Town (Current)212,036 - 212,036 - 212,036$ 0%- Property Taxes - Town (Rollback)- - - - -$ - Property Taxes - County (Current)84,975 - 84,975 - 84,975$ 0%- Sales Taxes - Town 365,000 - 365,000 6,070 358,930$ 2%- Sales Taxes - EDC 203,792 - 203,792 5,084 198,708$ 2%- Investment Income 20,000 - 20,000 92 19,908$ 0%- Other Revenue - - - - -$ Total Revenue 1,251,956$ -$ 1,251,956$ 11,246$ 1,240,710$ 1%-$ EXPENDITURES Professional Services -$ -$ -$ -$ -$ -$ Developer Rebate 1,245,915 - 1,245,915 - 1,245,915 0%- Transfers Out - - - - - Total Expenses 1,245,915$ -$ 1,245,915$ -$ 1,245,915$ 0%-$ REVENUE OVER (UNDER) EXPENDITURES 6,041$ 11,246$ -$ Beginning Fund Balance October 1 165,122 165,122 (7,500) Ending Fund Balance Current Month 171,163$ 176,368$ (7,500)$ Note Breakout of Rollback Taxes for all receiving entities:This was reported and collected in Tax Roll 2016 Collin County Collin College Prosper ISD Town of Prosper Total Annual 2010 26,367.03 9,481.15 179,076.09 57,128.58 245,685.82 2011 25,008.06 8,992.48 174,014.48 54,184.15 237,191.11 2012 23,633.32 8,498.06 164,448.53 51,205.53 224,152.12 2013 21,708.96 7,645.48 152,648.25 47,531.19 207,824.92 2014 25,225.28 8,797.72 179,260.51 55,817.65 243,875.88 Total By Entity 121,942.65 43,414.89 849,447.86 265,867.10 1,158,729.85 Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% TIRZ #2 - MATTHEWS SOUTHWEST Original Budget Amended Current Year Prior Year Change from Budget Adjustment Budget YTD Actual YTD Percent Note YTD Actual Prior Year REVENUES Impact Fee Revenue: West Thoroughfare Impact Fees 206,190$ -$ 206,190$ -$ 0%-$ Property Taxes - Town (Current)- - - - - Property Taxes - Town (Rollback)- - - - - Property Taxes - County (Current)- - - - - Investment Income - - - 15 - Total Revenue 206,190$ -$ 206,190$ 15$ 0%-$ EXPENDITURES Professional Services -$ -$ -$ -$ -$ Developer Rebate 206,978 - 206,978 - 0%- Transfers Out - - - - - Total Expenditures 206,978$ -$ 206,978$ -$ 0%-$ REVENUE OVER (UNDER) EXPENDITURES (788)$ 15$ -$ Beginning Fund Balance October 1 25,479 25,479 - Ending Fund Balance Current Month 24,691$ 25,494$ -$ Note Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% WATER IMPACT FEES FUND Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Impact Fees Water 3,584,000$ -$ 3,584,000$ 281,202$ Interest - Water 40,000 - 40,000 2,364 Total Revenues 3,624,000$ -$ 3,624,000$ 283,566$ EXPENDITURES Developer Reimbursements TVG Westside Utility Developer Reimb 975,000$ 975,000.00$ -$ 975,000$ -$ -$ 975,000$ 975,000$ Parks at Legacy Developer Reimb 25,000 25,000 - 25,000 - 25,000 25,000 Prosper Partners Developer Reimb 129,750 129,750 - 129,750 - - 129,750 129,750 PISD High School Developer Reimb 89,525 89,525 - 89,525 - - 89,525 89,525 Prosper Lakes Developer Reimb 97,500 97,500 - 97,500 - - 97,500 97,500 Star Trail Developer Reimb 292,500 292,500 - 292,500 292,500 292,500 TVG Windsong Developer Reimb 100,000 100,000 - 100,000 - 100,000 100,000 Total Developer Reimbursements 1,709,275$ 1,709,275$ -$ 1,709,275$ -$ -$ 1,709,275$ -$ 1,709,275$ Capital Expenditures Impact Fee Study 67,473$ 9,637$ -$ 9,637$ -$ -$ 9,637$ 57,836$ 9,637$ Prosper Trail EST 4,403,300 1,044,171 - 1,044,171 40,500 70,200 933,471 3,248,429 1,044,171 Construction complete Lower Pressure Plane Pump Station Design 127,081 84,724 - 84,724 - - 84,724 42,357 84,724 County Line Elevated Storage 565,700 240,450 - 240,450 - 280,889 (40,439) 44,361 240,450 Design 50% complete - construction start date: Summer 2018 24" WL Connector County Line EST 2,232,850 2,232,850 - 2,232,850 - 607,624 1,625,226 189,376 1,435,850 Design 2% complete - construction start date: Summer 2018 Custer Road Pump Station Expansion 1,023,450 889,350 - 889,350 - 100,176 789,174 37,124 886,150 Design 50% complete - construction start date: Winter 2018 42" Lovers Lane Transmission Line 925,590 33,118 - 33,118 - 4,346 28,772 892,472 28,772 Construction complete Lower Pressure Plane Easements 1,487,150 1,487,150 - 1,487,150 - - 1,487,150 - 1,487,150 Total Projects 10,832,594$ 6,021,450$ -$ 6,021,450$ 40,500$ 1,063,234$ 4,917,716$ 4,511,955$ 5,216,905$ Total Expenditures 12,541,869$ 7,730,725$ -$ 7,730,725$ 40,500$ 1,063,234$ 6,626,991$ 4,511,955$ 6,926,180$ REVENUE OVER (UNDER) EXPENDITURES (4,106,725)$ 243,066$ Beginning Fund Balance October 1 4,018,070 4,018,070 Ending Fund Balance Current Month (88,655)$ 4,261,136$ Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% WASTEWATER IMPACT FEES FUND Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Impact Fees Wastewater 600,000$ -$ 600,000$ 54,760$ Interest - Wastewater 10,000 - 10,000 620 Upper Trinity Equity Fee - - - 19,000 Total Revenues 610,000$ -$ 610,000$ 74,379$ EXPENDITURES Developer Reimbursements LaCima Developer Reimb 10,000$ 10,000$ -$ 10,000$ -$ -$ 10,000$ -$ 10,000$ TVG Westside Utility Developer Reimb 170,750 170,750 - 170,750 - - 170,750 - 170,750 Prosper Partners Utility Developer Reimb 34,150 34,150 - 34,150 - - 34,150 - 34,150 Frontier Estates Developer Reimb 51,225 51,225 - 51,225 - - 51,225 - 51,225 Brookhollow Developer Reimb 5,000 5,000 - 5,000 - 5,000 - 5,000 TVG Windsong Developer Reimb 68,300 68,300 - 68,300 - - 68,300 - 68,300 All Storage Developer Reimb 15,000 15,000 15,000 Total Developer Reimbursements 354,425$ 354,425$ -$ 354,425$ -$ -$ 339,425$ -$ 339,425$ Capital Expenditures Public Works Interceptor 1,045,000 227,598 - 227,598 72,892 85,672 69,034 817,402 69,034 Construction 98% complete Total Projects 1,045,000$ 227,598$ -$ 227,598$ 72,892$ 85,672$ 69,034$ 817,402$ 69,034$ Total Expenditures 1,399,425$ 582,023$ -$ 582,023$ 72,892$ 85,672$ 408,459$ 817,402$ 408,459$ REVENUE OVER (UNDER) EXPENDITURES 27,977$ 1,488$ Beginning Fund Balance October 1 1,067,434 1,067,434 Ending Fund Balance Current Month 1,095,411$ 1,068,922$ Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% THOROUGHFARE IMPACT FEES FUND Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES East Thoroughfare Impact Fees 2,785,000$ -$ 2,785,000$ 124,617$ West Thoroughfare Impact Fees 1,850,000 - 1,850,000 127,024 Interest-East Thoroughfare Impact Fees 35,000 - 35,000 2,640 Interest-West Thoroughfare Impact Fees 7,500 - 7,500 465 Total Revenues 4,677,500$ -$ 4,677,500$ 254,746$ EXPENDITURES East Impact Fee Study 17,322$ -$ -$ -$ -$ -$ -$ 14,849$ 2,473$ Impact Fee Reimbursement Lakes of LaCima 300,000 - - - - - - 199,029 100,971 Frontier Pkwy BNSF Overpass 3,680,000 3,680,000 - 3,680,000 - - 3,680,000 - 3,680,000 Planning stage-all parties agreed to shared contribution Prosper Trail (Kroger - Coit)3,305,000 3,000,000 - 3,000,000 - - 3,000,000 290,316 3,014,685 Design 99% complete-construction start Winter 2018 Prosper Trail (Coit - Custer)610,000 - - - 43,105 383,478 (426,582) 183,418 - Design 30% complete-field survey 100% complete Coit Road (First - Frontier)700,000 - - - 63,980 286,176 (350,156) 339,744 10,100 Design 60% complete First St. DNT-Coleman-EAST 585,000 193,805 - 193,805 - - 193,805 391,195 193,805 Design 70% complete FM2478 ROW (US380-FM1461)80,000 80,000 - 80,000 80,000 - - - - Agreement with TxDOT Total East 9,277,322$ 6,953,805$ -$ 6,953,805$ 187,085$ 669,654$ 6,097,067$ 1,418,550$ 7,002,034$ West Impact Fee Study 17,322 2,473$ -$ 2,473$ -$ -$ 2,473$ 14,849$ 2,473$ TVG Developer Reimb 1,000,000 1,000,000 - 1,000,000 - - 1,000,000 - 1,000,000 Parks at Legacy Developer Reimb 250,000 250,000 - 250,000 - - 250,000 - 250,000 Star Trail Developer Reimb 400,000 400,000 400,000 - - 400,000 - 400,000 200,000 198,040 - 198,040 - - 198,040 1,960 198,040 Design contract anticipated to Council 12/12/2017 First St. DNT-Coleman-EAST 355,000 14,400 - 14,400 - - 14,400 340,600$ 14,400 Design 70% complete Teel Parkway - DCFWSD#10 300,000 300,000 - 300,000 - - 300,000 - 300,000 Total West 2,522,322$ 2,164,913$ -$ 2,164,913$ -$ -$ 2,164,913$ 357,409$ 2,164,913$ Total Expenditures 11,799,644$ 9,118,718$ -$ 9,118,718$ 187,085$ 669,654$ 8,261,980$ 1,775,959$ 9,166,947$ REVENUE OVER (UNDER) EXPENDITURES (4,441,218)$ 67,662$ Beginning Fund Balance October 1 5,797,212 5,797,212 Ending Fund Balance Current Month 1,355,994$ 5,864,874$ Cook Lane (First - End) Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 Expected Year to Date Percent 8.33% SPECIAL REVENUE FUNDS Original Budget Amended Current Year Current Year Current Remaining Prior Year Change from Budget Adjustment Budget YTD Actual Encumbrances Budget Balance YTD Percent Note YTD Obligated Prior Year REVENUES Police Donation Revenue 15,000$ -$ 15,000$ 1,081$ -$ 13,919$ 7%1,074$ 1% Police Grant - - - - - - - Fire Donation Revenue 14,000 - 14,000 1,112 - 12,888 8%1,110 0% Child Safety Revenue 5,000 - 5,000 - - 5,000 0%- Court Security Revenue 7,700 - 7,700 825 - 6,875 11%- Court Technology Revenue 10,395 - 10,395 1,100 - 9,295 11%- LEOSE Revenue 2,000 - 2,000 - - 2,000 - Library Grant - - - - - - - Interest Income 2,765 - 2,765 155 - 2,610 6%- Tree Mitigation Revenue - - - - - - - Cash Seizure/Forfeiture - - - - - - - Donations - ITTCC 1,000 - 1,000 - - 1,000 - Transfer In - - - - - - - Total Revenue 57,860$ -$ 57,860$ 4,272$ -$ 53,588$ 7%2,184$ 96% LEOSE Expenditure -$ -$ -$ -$ -$ -$ -$ Court Technology Expense - - - - - - - Court Security Expense 10,099 - 10,099 696 - 9,403 7%- Police Donation Expense 10,000 - 10,000 300 - 9,700 3%- Fire Donation Expense 5,000 - 5,000 - - 5,000 - Child Safety Expense 5,000 - 5,000 1,054 - 3,946 21%- Tree Mitigation Expense 10,000 - 10,000 - - 10,000 0%- Library Grant Expense - - - - - - - Police Seizure Expense 5,000 - 5,000 400 - 4,600 8%- Total Expenses 45,099$ -$ 45,099$ 2,450$ -$ 42,649$ 5%-$ REVENUE OVER (UNDER) EXPENDITURES 12,761$ -$ 12,761$ 1,823$ 2,184$ Beginning Fund Balance October 1 275,202$ 275,202$ 1,143,867$ Ending Fund Balance Current Month 287,963$ 277,025$ 1,146,051$ Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 CAPITAL PROJECTS FUND-GENERAL Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Years Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Grants -$ -$ -$ -$ Contributions/Interlocal Revenue - - - - Bond Proceeds 18,535,000 - 18,535,000 - Interest 125,000 - 125,000 6,565 Interest-2004 Bond 2,000 - 2,000 173 Interest-2006 Bond 1,600 - 1,600 267 Interest-2008 Bond 1,000 - 1,000 70 Interest-2012 GO Bond 1,000 - 1,000 91 Interest-2015 Bond 25,000 - 25,000 1,984 Interest-2016 Bond 20,000 - 20,000 1,746 Interest-2017 Bond 25,000 25,000 1,762 Transfers In-Bond Proceeds 920,000 - 920,000 76,667 Total Revenues 19,655,600$ -$ 19,655,600$ 89,324$ EXPENDITURES Downtown Enhancements 1,850,000 1,702,400 - 1,702,400 - 21,000 1,681,400 126,600 1,702,400 Design 95% complete-construction start date: Winter 2018 West Prosper Roads 12,781,000 5,136,842 - 5,136,842 2,459 5,134,383 1 7,644,159 - Phase 1-Construction complete - - Phase 2-design 95% complete; construction start date: Winter 2018 Prosper Trail (Kroger to Coit)975,000 702,307 - 702,307 2,290 20,415 679,603 272,693 679,603 Design 98% complete-construction start date: Winter 2018 First Street (DNT to Coleman)1,076,000 361,212 - 361,212 10,150 133,461 217,601 571,177 361,212 Design 70% complete Old Town Streets 2015 (Broadway,Fifth, McKinley)1,000,000 1,000,000 - 1,000,000 - - 1,000,000 - 1,000,000 Negotiations on design contract once FY 2017-2018 CIP was approved Main Street (First - Broadway)625,000 468,725 - 468,725 52,640 389,427 26,658 156,275 36 Construction 31% complete Eighth Street (Church-PISD)260,000 260,000 - 260,000 - - 260,000 - 260,000 Project moved to 2020-2025 Church Street (First-PISD)750,000 - - - - - - 684,360 65,640 Project complete Field Street (First-Broadway)250,000 250,000 - 250,000 - - 250,000 - 250,000 Project moved to 2020-2025 Parvin Road (Good Hope-FM1385)270,000 270,000 - 270,000 - - 270,000 - 270,000 Project moved to 2020-2025 Pasewark (Preston-Hickory)400,000 400,000 - 400,000 - - 400,000 - 400,000 Project moved to 2020-2025 Parvin (Broadway-Eighth)515,000 135,041 - 135,041 - 9,020 126,021 379,960 126,021 Construction 85% complete Sixth Street (Coleman-Church)430,000 301,128 - 301,128 58,503 123,426 119,200 128,873 119,199 Construction 85% complete Third Street (Church-Lane)320,000 312,400 - 312,400 115,341 109,823 87,236 7,600 87,236 Construction 85% complete Town Hall Infrastructure Improvements 1,337,550 736,722 - 736,722 200,765 502,907 33,050 600,828 33,050 Construction 68% complete Windsong Ranch, Phase I (Acacia Parkway)1,022,782 1,022,782 - 1,022,782 1,137 - 1,021,645 3,769 1,017,876 Winter 2018 Fithth Street (Coleman - Church)375,000 375,000 - 375,000 - - 375,000 - 375,000 Third Street (Main - Coleman)250,000 250,000 - 250,000 - - 250,000 - 250,000 Windsong Ranch, Phase 2 (road repairs)710,000 710,000 - 710,000 - - 710,000 - 710,000 Total Street Projects 25,197,332$ 14,394,559$ -$ 14,394,559$ 443,284$ 6,443,862$ 7,507,413$ 10,576,292$ 7,707,272$ Decorative Monument Street Signs 150,000 34,514 - 34,514 - - 34,514 115,486 34,514 Construction 95% complete Coit Rd & Prosper Trail - traffic signal 220,000 220,000 - 220,000 - - 220,000 - 220,000 Contract awarded 10/24/17 - construction start Fall 2017 Total Traffic Projects 370,000$ 254,514$ -$ 254,514$ -$ -$ 254,514$ 115,486$ 254,514$ Frontier Park - North Field Improvements 10,684,705$ 3,523,281$ -$ 3,523,281$ 1,118,980$ 1,285,321$ 1,118,980$ 7,161,424$ 1,118,980$ Construction 70% complete Total Park Projects 10,684,705$ 3,523,281$ -$ 3,523,281$ 1,118,980$ 1,285,321$ 1,118,980$ 7,161,424$ 1,118,980$ Town Hall Professional Services 2,240,695 352,529 - 352,529 9,046 152,529 190,954 2,090,985 (11,865) Town Hall Multipurpose Facility 19,989,691 10,246,189 - 10,246,189 1,121,904 9,124,285 (0) 10,534,167 (790,665) Construction 65% complete Town Hall - FF&E 1,362,000 1,362,000 - 1,362,000 - 1,115 2,335 1,358,550 Total Facility Projects 23,592,386$ 11,960,718$ -$ 11,960,718$ 1,130,951$ 9,277,929$ 190,953$ 12,627,487$ 556,019$ Transfer Out - GF -$ -$ -$ -$ -$ -$ -$ -$ -$ Total Expenditures 60,922,423$ 18,910,383$ 1,362,000$ 20,272,383$ 1,571,311$ 16,148,188$ 9,071,861$ 31,144,993$ 12,032,424$ REVENUE OVER (UNDER) EXPENDITURES (616,783)$ (1,481,987)$ Beginning Fund Balance October 1 19,960,246 19,960,246 Ending Fund Balance Current Month 19,343,463$ 18,478,259$ Item 5b TOWN OF PROSPER, TEXAS MONTHLY FINANCIAL REPORT October 31, 2017 CAPITAL PROJECTS FUND-WATER/SEWER Current Year Current Year Current Year Project Project Original Budget Amended Current Year Current Year Current Remaining Prior Year Budget STATUS OF Budget Budget Adjustment Budget Actual Encumbrances Budget Balance Expenditure Balance PROJECT REVENUES Interest Income 30,000$ -$ 30,000$ 1,502$ Interest-2016 Bond 3,500 3,500 527 Interest-2017 Bond 4,000 4,000 730 Bond Proceeds 11,150,000 - 11,150,000 - Transfers In - - - - Total Revenues 11,187,500$ -$ 11,187,500$ 2,759$ EXPENDITURES PRV's at BNSF Railroad 582,000$ 434,215$ -$ 434,215$ -$ -$ 434,215$ 147,785$ 434,215$ Pre-Construction Lower Pressure Plane Pump Station Design 1,435,100 1,325,503 - 1,325,503 - 39,286 1,286,217 109,597 1,286,217 Construction complete for Lovers Lane Prosper Trail EST Construction 517,300 25,981 - 25,981 - 9,650 16,331 481,669 25,981 Construction complete FishTrap EST (South)5,415,000 5,415,000 - 5,415,000 - - 5,415,000 - 5,415,000 Water Supply Line Phase 1 9,694,479 9,694,479 - 9,694,479 - - 9,694,479 - 9,694,479 Design 2% complete; construction Summer 2018 Water Supply Line Phase 1 Easement Costs 1,941,500 1,941,500 - 1,941,500 - - 1,941,500 - 1,941,500 Design 2% complete; construction Summer 2018 Total Water Projects 19,585,379$ 18,836,678$ -$ 18,836,678$ -$ 48,936$ 18,787,742$ 739,050$ 18,797,393$ Old Town Drainage 500,000 448,800 - 448,800 - 12,460 436,340 38,740 448,800 Design 30% complete-construction start date: Summer 2018 Coleman Rd Drainage 300,000 279,150 - 279,150 - 3,350 275,800 17,500 279,150 Old Town Land Drainage Land Acq 925,000 295,654 175,000 470,654 453,704 10,000 6,950 79,297 382,000 Old Town Drainage Broadway Design & Construction 575,000 200,000 (175,000) 25,000 - - 25,000 - 575,000 Old Town Drainage Trunk Main 600,000 67,453 - 67,453 66,218 1,235 - 532,547 - Construction 30% complete Old Town Drainage-First and Main 800,000 358,823 - 358,823 140,000 13,820 205,003 441,177 205,003 Amberwood Farms Drainage 32,000 32,000 - 32,000 - - 32,000 - 32,000 Project on hold Old Town Drainage First Street Trunk Main 400,000 400,000 - 400,000 - - 400,000 - 400,000 Total Drainage Projects 4,132,000$ 2,081,880$ -$ 2,081,880$ 659,922$ 40,865$ 1,381,093$ 1,109,260$ 2,321,953$ Total Expenses 23,717,379$ 20,918,558$ -$ 20,918,558$ 659,922$ 89,801$ 20,168,835$ 1,848,310$ 21,119,346$ (9,731,058)$ (657,163)$ Beginning Working Capital October 1 6,454,800 6,454,800 Ending Working Capital Current Month (3,276,258)$ 5,797,637$ Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-4035-10-00 3% Construction Fee - 505,330.00 - 505,330.00 - 505,330.00 100-4061-10-00 Notary Fees - 200.00 - 200.00 - 6.00 - 6.00 3.00 - 194.00 100-4105-10-00 Property Taxes -Delinquent - 135,952.00 - 135,952.00 - 6,241.46 - 6,241.46 4.59 - 129,710.54 100-4110-10-00 Property Taxes -Current - 12,017,913.00 - 12,017,913.00 - 213,924.89 - 213,924.89 1.78 - 11,803,988.11 100-4115-10-00 Taxes -Penalties - 49,818.00 - 49,818.00 - 2,611.55 - 2,611.55 5.24 - 47,206.45 100-4120-10-00 Sales Taxes - 6,142,420.00 - 6,142,420.00 - 451,009.99 - 451,009.99 7.34 - 5,691,410.01 100-4130-10-00 Sales Tax-Mixed Beverage - 23,414.00 - 23,414.00 - 23,414.00 100-4140-10-00 Franchise Taxes - Electric - 505,324.00 - 505,324.00 - 505,324.00 100-4150-10-00 Franchise Taxes - Telephone - 193,576.00 - 193,576.00 - 0.81 - 0.81 - 193,575.19 100-4160-10-00 Franchise Taxes - Gas - 102,138.00 - 102,138.00 - 102,138.00 100-4170-10-00 Franchise Taxes - Road Usage - 38,000.00 - 38,000.00 - 66.06 - 66.06 0.17 - 37,933.94 100-4185-10-00 Franchise Fee - W/S Fund - 225,539.00 - 225,539.00 - 225,539.00 100-4190-10-00 Franchise Fee-Cable - 40,513.00 - 40,513.00 - 40,513.00 100-4200-10-00 T-Mobile Fees - 51,489.00 - 51,489.00 - 2,883.75 - 2,883.75 5.60 - 48,605.25 100-4201-10-00 Tierone Converged Network - 18,000.00 - 18,000.00 - 1,500.00 - 1,500.00 8.33 - 16,500.00 100-4202-10-00 NTTA Tag Sales - 150.00 - 150.00 - 55.00 - 55.00 36.67 - 95.00 100-4205-10-00 Blue Wireless Fees (Panaband)- 25,888.00 - 25,888.00 - 2,281.31 - 2,281.31 8.81 - 23,606.69 100-4206-10-00 Verizon Antenna Lease - 32,200.00 - 32,200.00 - 32,200.00 100-4218-10-00 Administrative Fees-EDC - 15,000.00 - 15,000.00 - 1,250.00 - 1,250.00 8.33 - 13,750.00 100-4230-10-00 Other Permits - 1,165.00 - 1,165.00 - 1,165.00 100-4610-10-00 Interest Income - 147,930.00 - 147,930.00 - 5,979.47 - 5,979.47 4.04 - 141,950.53 100-4910-10-00 Other Revenue - 475,000.00 - 475,000.00 - 433.01 - 433.01 0.09 - 474,566.99 100-4995-10-00 Transfer In/Out - 896,634.00 - 896,634.00 - 74,719.50 - 74,719.50 8.33 - 821,914.50 100-4410-10-07 Court Fines - 419,580.00 - 419,580.00 - 42,062.94 - 42,062.94 10.03 - 377,517.06 100-4930-10-99 Insurance Proceeds - 3,351.94 - 3,351.94 3,351.94 100-4230-20-01 Other Permits - 1,512.00 - 1,512.00 - 25.00 - 25.00 1.65 - 1,487.00 100-4440-20-01 Accident Reports - 967.00 - 967.00 - 49.00 - 49.00 5.07 - 918.00 100-4450-20-01 Alarm Fee - 48,135.00 - 48,135.00 - 2,664.00 - 2,664.00 5.53 - 45,471.00 100-4910-20-01 Other Revenue - 2,000.00 - 2,000.00 - 765.00 - 765.00 38.25 - 1,235.00 100-4310-30-01 Charges for Services - 278,156.00 - 278,156.00 - 23,559.82 - 23,559.82 8.47 - 254,596.18 100-4411-30-01 CC Fire Assoc - 500.00 - 500.00 - 500.00 100-4315-30-05 Fire Review/Inspect Fees - 93,268.00 - 93,268.00 - 1,575.00 - 1,575.00 1.69 - 91,693.00 100-4017-40-01 Contractor Registration Fee - 65,000.00 - 65,000.00 - 5,600.00 - 5,600.00 8.62 - 59,400.00 100-4060-40-01 NSF Fees - 3.00 - 3.00 3.00 100-4210-40-01 Building Permits - 2,747,700.00 - 2,747,700.00 - 312,753.97 - 312,753.97 11.38 - 2,434,946.03 100-4230-40-01 Other Permits - 200,000.00 - 200,000.00 - 15,115.00 - 15,115.00 7.56 - 184,885.00 100-4240-40-01 Plumb/Elect/Mech Permits - 45,000.00 - 45,000.00 - 2,910.00 - 2,910.00 6.47 - 42,090.00 100-4242-40-01 Re-inspection Fees - 45,000.00 - 45,000.00 - 6,550.00 - 6,550.00 14.56 - 38,450.00 100-4910-40-01 Other Revenue - 18,000.00 - 18,000.00 - 2,968.83 - 2,968.83 16.49 - 15,031.17 100-4245-40-02 Health Inspections - 17,720.00 - 17,720.00 - 1,950.00 - 1,950.00 11.01 - 15,770.00 100-4910-40-02 Other Revenue - 2,000.00 - 2,000.00 - 2,000.00 100-4220-40-03 Zoning Application Fees - 20,000.00 - 20,000.00 - 3,510.00 - 3,510.00 17.55 - 16,490.00 100-4225-40-03 Development Application Fees - 50,000.00 - 50,000.00 - 935.00 - 935.00 1.87 - 49,065.00 100-4910-40-03 Other Revenue - 8,000.00 - 8,000.00 - 650.00 - 650.00 8.13 - 7,350.00 100-4910-50-01 Other Revenue - 15,000.00 - 15,000.00 - 15,000.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-4056-60-00 Field Rental Fees - 74,800.00 - 74,800.00 - 19,567.50 - 19,567.50 26.16 - 55,232.50 100-4057-60-00 Pavilion User Fees - 4,000.00 - 4,000.00 - 295.00 - 295.00 7.38 - 3,705.00 100-4058-60-00 Park Program Fees - 44,000.00 - 44,000.00 - 1,708.50 - 1,708.50 3.88 - 42,291.50 100-4721-60-00 Prosper Christmas Donations - 12,000.00 - 12,000.00 - 7,780.00 - 7,780.00 64.83 - 4,220.00 100-4063-60-05 Lost Fees - 200.00 - 200.00 - 36.97 - 36.97 18.49 - 163.03 100-4064-60-05 Printing/Copying Fees - 50.00 - 50.00 - 1.90 - 1.90 3.80 - 48.10 100-4065-60-05 Book Fines - 660.00 - 660.00 - 94.69 - 94.69 14.35 - 565.31 100-4910-60-05 Other Revenue - 250.00 - 250.00 - 1.10 - 1.10 0.44 - 248.90 100-5110-10-01 Salaries & Wages 72,591.00 72,591.00 5,421.28 5,421.28 7.47 67,169.72 100-5140-10-01 Salaries - Longevity Pay 275.00 275.00 275.00 100-5145-10-01 Social Security Expense 4,518.00 4,518.00 330.22 330.22 7.31 4,187.78 100-5150-10-01 Medicare Expense 1,057.00 1,057.00 77.23 77.23 7.31 979.77 100-5155-10-01 SUTA Expense 171.00 171.00 171.00 100-5160-10-01 Health Insurance 6,796.00 6,796.00 514.64 514.64 7.57 6,281.36 100-5165-10-01 Dental Insurance 434.00 434.00 39.28 39.28 9.05 394.72 100-5170-10-01 Life Insurance/AD&D 113.00 113.00 9.38 9.38 8.30 103.62 100-5175-10-01 Liability (TML)/Workers' Comp 71.00 71.00 10.38 10.38 14.62 60.62 100-5180-10-01 TMRS Expense 10,172.00 10,172.00 734.98 734.98 7.23 9,437.02 100-5185-10-01 Long/Short Term Disability 134.00 134.00 10.30 10.30 7.69 123.70 100-5186-10-01 WELLE-Wellness Prog Reimb Empl 600.00 600.00 39.16 39.16 6.53 560.84 100-5190-10-01 Contract Labor 100.00 100.00 100.00 100-5210-10-01 Office Supplies 1,200.00 1,200.00 1,200.00 100-5212-10-01 Building Supplies 700.00 700.00 132.34 132.34 18.91 567.66 100-5230-10-01 Dues,Fees,& Subscriptions 6,220.00 6,220.00 289.75 289.75 4.66 5,930.25 100-5240-10-01 Postage and Delivery 100.00 100.00 100.00 100-5250-10-01 Publications 400.00 400.00 400.00 100-5280-10-01 Printing and Reproduction 150.00 150.00 150.00 100-5330-10-01 Copier Expense 250.00 250.00 250.00 100-5340-10-01 Building Repairs 300.00 300.00 300.00 100-5410-10-01 Professional Services 292,313.00 292,313.00 19,518.54 19,518.54 272,794.46 6.68 100-5430-10-01 Legal Fees 72,450.00 72,450.00 5,555.60 5,555.60 7.67 66,894.40 100-5480-10-01 Contracted Services 9,755.00 9,755.00 772.08 772.08 7.92 8,982.92 100-5523-10-01 Water/Sewer Charges 183.00 183.00 12.83 12.83 7.01 170.17 100-5524-10-01 Gas 500.00 500.00 46.85 46.85 9.37 453.15 100-5525-10-01 Electricity 7,250.00 7,250.00 477.63 477.63 6.59 6,772.37 100-5526-10-01 Data Network 725.00 725.00 37.99 37.99 5.24 687.01 100-5530-10-01 Travel 250.00 250.00 - 4.87 - 4.87 - 1.95 254.87 100-5533-10-01 Mileage Expense 200.00 200.00 200.00 100-5536-10-01 Training/Seminars 200.00 200.00 200.00 100-7145-10-01 Transfer to VERF 623.00 623.00 51.92 51.92 8.33 571.08 100-5110-10-02 Salaries & Wages 196,973.00 196,973.00 10,610.88 10,610.88 5.39 186,362.12 100-5115-10-02 Salaries - Overtime 3,565.00 3,565.00 58.41 58.41 1.64 3,506.59 100-5140-10-02 Salaries - Longevity Pay 270.00 270.00 270.00 100-5143-10-02 Cell Phone Allowance 1,080.00 1,080.00 75.00 75.00 6.94 1,005.00 100-5145-10-02 Social Security Expense 12,517.00 12,517.00 661.88 661.88 5.29 11,855.12 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5150-10-02 Medicare Expense 2,928.00 2,928.00 154.79 154.79 5.29 2,773.21 100-5155-10-02 SUTA Expense 855.00 855.00 855.00 100-5160-10-02 Health Insurance 12,048.00 12,048.00 12,048.00 100-5165-10-02 Dental Insurance 792.00 792.00 792.00 100-5170-10-02 Life Insurance/AD&D 318.00 318.00 18.48 18.48 5.81 299.52 100-5175-10-02 Liability (TML)/Workers' Comp 337.00 337.00 20.22 20.22 6.00 316.78 100-5180-10-02 TMRS Expense 27,308.00 27,308.00 1,235.97 1,235.97 4.53 26,072.03 100-5185-10-02 Long/Short Term Disability 367.00 367.00 14.48 14.48 3.95 352.52 100-5186-10-02 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 1,200.00 100-5193-10-02 Records Retention 2,275.00 2,275.00 217.50 217.50 9.56 2,057.50 100-5210-10-02 Office Supplies 2,900.00 2,900.00 2,900.00 100-5212-10-02 Building Supplies 1,000.00 1,000.00 132.33 132.33 13.23 867.67 100-5220-10-02 Office Equipment 1,600.00 1,600.00 1,600.00 100-5230-10-02 Dues,Fees,& Subscriptions 895.00 895.00 248.75 248.75 27.79 646.25 100-5240-10-02 Postage and Delivery 200.00 200.00 5.63 5.63 2.82 194.37 100-5280-10-02 Printing and Reproduction 700.00 700.00 700.00 100-5310-10-02 Rental Expense 6,350.00 6,350.00 514.00 514.00 8.09 5,836.00 100-5330-10-02 Copier Expense 1,800.00 1,800.00 1,800.00 100-5340-10-02 Building Repairs 700.00 700.00 700.00 100-5430-10-02 Legal Fees 35,600.00 35,600.00 3,544.36 3,544.36 9.96 32,055.64 100-5435-10-02 Legal Notices/Filings 6,800.00 6,800.00 412.40 412.40 6.07 6,387.60 100-5460-10-02 Election Expense 9,691.00 9,691.00 9,691.00 100-5480-10-02 Contracted Services 13,375.00 13,375.00 375.00 375.00 2.80 13,000.00 100-5520-10-02 Telephones 870.00 870.00 35.90 35.90 4.13 834.10 100-5523-10-02 Water/Sewer Charges 228.00 228.00 14.58 14.58 6.40 213.42 100-5526-10-02 Data Network 460.00 460.00 37.99 37.99 8.26 422.01 100-5530-10-02 Travel 6,100.00 6,100.00 7.76 7.76 0.13 6,092.24 100-5533-10-02 Mileage Expense 1,125.00 1,125.00 1,125.00 100-5536-10-02 Training/Seminars 3,200.00 3,200.00 3,200.00 100-5538-10-02 Council/Public Official Expnse 24,000.00 24,000.00 828.92 828.92 3.45 23,171.08 100-5600-10-02 Special Events 4,500.00 4,500.00 4,500.00 100-7145-10-02 Transfer to VERF 3,157.00 3,157.00 263.08 263.08 8.33 2,893.92 100-5110-10-03 Salaries & Wages 513,758.00 513,758.00 36,504.43 36,504.43 7.11 477,253.57 100-5126-10-03 Salaries-Vacation Buy-Out 4,645.00 4,645.00 4,645.00 100-5140-10-03 Salaries - Longevity Pay 730.00 730.00 730.00 100-5145-10-03 Social Security Expense 32,187.00 32,187.00 2,158.75 2,158.75 6.71 30,028.25 100-5150-10-03 Medicare Expense 7,528.00 7,528.00 504.86 504.86 6.71 7,023.14 100-5155-10-03 SUTA Expense 1,197.00 1,197.00 1,197.00 100-5160-10-03 Health Insurance 44,537.00 44,537.00 3,489.78 3,489.78 7.84 41,047.22 100-5165-10-03 Dental Insurance 2,480.00 2,480.00 195.30 195.30 7.88 2,284.70 100-5170-10-03 Life Insurance/AD&D 700.00 700.00 48.40 48.40 6.91 651.60 100-5175-10-03 Liability (TML)/Workers' Comp 525.00 525.00 69.62 69.62 13.26 455.38 100-5180-10-03 TMRS Expense 72,380.00 72,380.00 4,932.24 4,932.24 6.81 67,447.76 100-5185-10-03 Long/Short Term Disability 949.00 949.00 69.36 69.36 7.31 879.64 100-5186-10-03 WELLE-Wellness Prog Reimb Empl 2,700.00 2,700.00 139.16 139.16 5.15 2,560.84 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5210-10-03 Office Supplies 4,000.00 4,000.00 727.80 727.80 18.20 3,272.20 100-5212-10-03 Building Supplies 2,500.00 2,500.00 794.12 794.12 31.77 1,705.88 100-5220-10-03 Office Equipment 3,130.00 3,130.00 3,130.00 100-5230-10-03 Dues,Fees,& Subscriptions 6,633.00 6,633.00 348.75 348.75 5.26 6,284.25 100-5240-10-03 Postage and Delivery 1,800.00 1,800.00 110.45 110.45 6.14 1,689.55 100-5280-10-03 Printing and Reproduction 150.00 150.00 72.40 72.40 48.27 77.60 100-5290-10-03 Other Charges and Services 600.00 600.00 600.00 100-5310-10-03 Rental Expense 28,100.00 28,100.00 1,567.60 1,567.60 10,973.20 5.58 15,559.20 100-5330-10-03 Copier Expense 1,800.00 1,800.00 1,800.00 100-5340-10-03 Building Repairs 250.00 250.00 18.00 18.00 7.20 232.00 100-5410-10-03 Professional Services 8,744.00 8,744.00 5,000.00 3,744.00 100-5412-10-03 Audit Fees 39,560.00 39,560.00 7,125.00 7,125.00 31,025.00 18.01 1,410.00 100-5414-10-03 Appraisal/Tax Fees 113,444.00 113,444.00 113,444.00 100-5418-10-03 IT Fees 49,100.00 49,100.00 10,600.00 10,600.00 21.59 38,500.00 100-5419-10-03 IT Licenses 10,000.00 10,000.00 10,000.00 100-5430-10-03 Legal Fees 7,750.00 7,750.00 418.00 418.00 5.39 7,332.00 100-5435-10-03 Legal Notices/Filings 75.00 75.00 82.80 82.80 110.40 - 7.80 100-5480-10-03 Contracted Services 8,890.00 8,890.00 882.17 882.17 9.92 8,007.83 100-5520-10-03 Telephones 1,865.00 1,865.00 98.76 98.76 5.30 1,766.24 100-5523-10-03 Water/Sewer Charges 409.00 409.00 24.19 24.19 5.91 384.81 100-5525-10-03 Electricity 7,000.00 7,000.00 541.67 541.67 7.74 6,458.33 100-5530-10-03 Travel 8,500.00 8,500.00 145.00 145.00 1.71 8,355.00 100-5533-10-03 Mileage Expense 1,505.00 1,505.00 34.24 34.24 2.28 1,470.76 100-5536-10-03 Training/Seminars 6,290.00 6,290.00 6,290.00 100-7145-10-03 Transfer to VERF 1,819.00 1,819.00 151.58 151.58 8.33 1,667.42 100-5110-10-04 Salaries & Wages 226,568.00 226,568.00 7,459.75 7,459.75 3.29 219,108.25 100-5126-10-04 Salaries-Vacation Buy-Out 5,599.00 5,599.00 5,599.00 100-5140-10-04 Salaries - Longevity Pay 295.00 295.00 295.00 100-5145-10-04 Social Security Expense 14,871.00 14,871.00 459.06 459.06 3.09 14,411.94 100-5150-10-04 Medicare Expense 3,479.00 3,479.00 107.37 107.37 3.09 3,371.63 100-5155-10-04 SUTA Expense 513.00 513.00 513.00 100-5160-10-04 Health Insurance 24,335.00 24,335.00 24,335.00 100-5165-10-04 Dental Insurance 1,350.00 1,350.00 39.28 39.28 2.91 1,310.72 100-5170-10-04 Life Insurance/AD&D 288.00 288.00 9.38 9.38 3.26 278.62 100-5175-10-04 Liability (TML)/Workers' Comp 13,223.00 13,223.00 14.17 14.17 0.11 13,208.83 100-5180-10-04 TMRS Expense 33,221.00 33,221.00 673.00 673.00 2.03 32,548.00 100-5185-10-04 Long/Short Term Disability 1,926.00 1,926.00 9.50 9.50 0.49 1,916.50 100-5186-10-04 WELLE-Wellness Prog Reimb Empl 1,800.00 1,800.00 1,800.00 100-5191-10-04 Hiring Cost 23,200.00 23,200.00 3,934.00 3,934.00 16.96 19,266.00 100-5210-10-04 Office Supplies 2,710.00 2,710.00 29.72 29.72 1.10 2,680.28 100-5220-10-04 Office Equipment 11,000.00 11,000.00 11,000.00 100-5230-10-04 Dues,Fees,& Subscriptions 5,530.00 5,530.00 248.75 248.75 4.50 5,281.25 100-5240-10-04 Postage and Delivery 382.00 382.00 0.46 0.46 0.12 381.54 100-5250-10-04 Publications 500.00 500.00 500.00 100-5280-10-04 Printing and Reproduction 2,000.00 2,000.00 2,000.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5330-10-04 Copier Expense 1,160.00 1,160.00 1,160.00 100-5410-10-04 Professional Services 41,000.00 41,000.00 41,000.00 100-5419-10-04 IT Licenses 4,285.00 4,285.00 4,285.00 100-5430-10-04 Legal Fees 10,000.00 10,000.00 38.00 38.00 0.38 9,962.00 100-5435-10-04 Legal Notices/Filings 91.20 91.20 - 91.20 100-5520-10-04 Telephones 1,020.00 1,020.00 - 36.21 - 36.21 - 3.55 1,056.21 100-5523-10-04 Water/Sewer Charges 142.00 142.00 8.41 8.41 5.92 133.59 100-5526-10-04 Data Network 480.00 480.00 37.99 37.99 7.92 442.01 100-5530-10-04 Travel 4,600.00 4,600.00 4,600.00 100-5533-10-04 Mileage Expense 1,000.00 1,000.00 1,000.00 100-5536-10-04 Training/Seminars 5,700.00 5,700.00 3,420.00 3,420.00 - 3,420.00 60.00 5,700.00 100-5600-10-04 Special Events 10,000.00 10,000.00 10,000.00 100-7145-10-04 Transfer to VERF 731.00 731.00 60.92 60.92 8.33 670.08 100-5110-10-05 Salaries & Wages 195,853.00 195,853.00 14,626.80 14,626.80 7.47 181,226.20 100-5115-10-05 Salaries - Overtime 1,760.00 1,760.00 1,760.00 100-5140-10-05 Salaries - Longevity Pay 190.00 190.00 190.00 100-5143-10-05 Cell Phone Allowance 2,760.00 2,760.00 230.00 230.00 8.33 2,530.00 100-5145-10-05 Social Security Expense 12,436.00 12,436.00 823.83 823.83 6.63 11,612.17 100-5150-10-05 Medicare Expense 2,909.00 2,909.00 192.66 192.66 6.62 2,716.34 100-5155-10-05 SUTA Expense 342.00 342.00 342.00 100-5160-10-05 Health Insurance 21,656.00 21,656.00 1,679.60 1,679.60 7.76 19,976.40 100-5165-10-05 Dental Insurance 996.00 996.00 82.98 82.98 8.33 913.02 100-5170-10-05 Life Insurance/AD&D 270.00 270.00 22.44 22.44 8.31 247.56 100-5175-10-05 Liability (TML)/Workers' Comp 194.00 194.00 27.90 27.90 14.38 166.10 100-5180-10-05 TMRS Expense 27,999.00 27,999.00 1,975.49 1,975.49 7.06 26,023.51 100-5185-10-05 Long/Short Term Disability 362.00 362.00 27.80 27.80 7.68 334.20 100-5186-10-05 WELLE-Wellness Prog Reimb Empl 600.00 600.00 50.00 50.00 8.33 550.00 100-5210-10-05 Office Supplies 500.00 500.00 500.00 100-5212-10-05 Building Supplies 500.00 500.00 500.00 100-5220-10-05 Office Equipment 1,000.00 1,000.00 1,000.00 100-5225-10-05 Computer Hardware 31,778.00 31,778.00 52.40 52.40 0.17 31,725.60 100-5230-10-05 Dues,Fees,& Subscriptions 500.00 500.00 500.00 100-5240-10-05 Postage and Delivery 300.00 300.00 300.00 100-5280-10-05 Printing and Reproduction 200.00 200.00 200.00 100-5290-10-05 Other Charges and Services 200.00 200.00 200.00 100-5330-10-05 Copier Expense 60,000.00 60,000.00 2,353.71 2,353.71 27,827.16 3.92 29,819.13 100-5400-10-05 Uniform Expense 800.00 800.00 800.00 100-5410-10-05 Professional Services 23,310.00 23,310.00 23,310.00 100-5418-10-05 IT Fees 34,765.00 34,765.00 1,750.00 1,750.00 5,250.00 5.03 27,765.00 100-5419-10-05 IT Licenses 42,860.00 42,860.00 14,200.62 28,659.38 100-5430-10-05 Legal Fees 1,500.00 1,500.00 247.00 247.00 16.47 1,253.00 100-5480-10-05 Contracted Services 16,728.00 16,728.00 8,254.00 8,254.00 49.34 8,474.00 100-5520-10-05 Telephones 33,000.00 33,000.00 3,749.97 3,749.97 11.36 29,250.03 100-5523-10-05 Water/Sewer Charges 133.00 133.00 7.89 7.89 5.93 125.11 100-5526-10-05 Data Network 48,000.00 48,000.00 3,006.79 3,006.79 6.26 44,993.21 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5530-10-05 Travel 5,000.00 5,000.00 5,000.00 100-5533-10-05 Mileage Expense 1,500.00 1,500.00 1,500.00 100-5536-10-05 Training/Seminars 5,000.00 5,000.00 5,000.00 100-5620-10-05 Tools & Equipment 1,000.00 1,000.00 1,000.00 100-5630-10-05 Safety Equipment 500.00 500.00 500.00 100-6125-10-05 Capital Expense-Technology 143,862.00 143,862.00 143,862.00 100-7145-10-05 Transfer to VERF 16,884.00 16,884.00 1,407.00 1,407.00 8.33 15,477.00 100-5110-10-07 Salaries & Wages 163,069.00 163,069.00 9,819.80 9,819.80 6.02 153,249.20 100-5115-10-07 Salaries - Overtime 270.00 270.00 6.51 6.51 2.41 263.49 100-5126-10-07 Salaries-Vacation Buy-Out 3,521.00 3,521.00 3,521.00 100-5128-10-07 Language Pay 2,400.00 2,400.00 100.00 100.00 4.17 2,300.00 100-5140-10-07 Salaries - Longevity Pay 335.00 335.00 335.00 100-5145-10-07 Social Security Expense 10,366.00 10,366.00 575.62 575.62 5.55 9,790.38 100-5150-10-07 Medicare Expense 2,425.00 2,425.00 134.61 134.61 5.55 2,290.39 100-5155-10-07 SUTA Expense 513.00 513.00 513.00 100-5160-10-07 Health Insurance 26,052.00 26,052.00 1,444.20 1,444.20 5.54 24,607.80 100-5165-10-07 Dental Insurance 1,188.00 1,188.00 74.18 74.18 6.24 1,113.82 100-5170-10-07 Life Insurance/AD&D 261.00 261.00 18.76 18.76 7.19 242.24 100-5175-10-07 Liability (TML)/Workers' Comp 198.00 198.00 18.67 18.67 9.43 179.33 100-5180-10-07 TMRS Expense 23,182.00 23,182.00 1,322.62 1,322.62 5.71 21,859.38 100-5185-10-07 Long/Short Term Disability 304.00 304.00 18.66 18.66 6.14 285.34 100-5186-10-07 WELLE-Wellness Prog Reimb Empl 450.00 450.00 450.00 100-5210-10-07 Office Supplies 1,850.00 1,850.00 392.71 392.71 21.23 1,457.29 100-5212-10-07 Building Supplies 2,800.00 2,800.00 227.89 227.89 8.14 2,572.11 100-5220-10-07 Office Equipment 4,640.00 4,640.00 4,640.00 100-5230-10-07 Dues,Fees,& Subscriptions 290.00 290.00 290.00 100-5240-10-07 Postage and Delivery 1,400.00 1,400.00 150.00 150.00 10.71 1,250.00 100-5250-10-07 Publications 100.00 100.00 100.00 100-5280-10-07 Printing and Reproduction 700.00 700.00 700.00 100-5290-10-07 Other Charges and Services 200.00 200.00 200.00 100-5310-10-07 Rental Expense 38,660.00 38,660.00 3,031.88 3,031.88 18,191.28 7.84 17,436.84 100-5320-10-07 Repairs & Maintenance 500.00 500.00 85.00 85.00 510.00 17.00 - 95.00 100-5330-10-07 Copier Expense 1,850.00 1,850.00 1,850.00 100-5400-10-07 Uniform Expense 150.00 150.00 150.00 100-5418-10-07 IT Fees 6,100.00 6,100.00 6,100.00 100-5419-10-07 IT Licenses 2,169.00 2,169.00 2,169.00 100-5420-10-07 Municipal Court/Judge Fees 29,200.00 29,200.00 800.00 800.00 2.74 28,400.00 100-5425-10-07 State Fines Expense 1,800.00 1,800.00 1,800.00 100-5430-10-07 Legal Fees 31,200.00 31,200.00 2,041.00 2,041.00 6.54 29,159.00 100-5480-10-07 Contracted Services 4,800.00 4,800.00 460.00 460.00 9.58 4,340.00 100-5524-10-07 Gas 750.00 750.00 46.85 46.85 6.25 703.15 100-5525-10-07 Electricity 1,500.00 1,500.00 118.53 118.53 7.90 1,381.47 100-5530-10-07 Travel 900.00 900.00 100.00 100.00 11.11 800.00 100-5533-10-07 Mileage Expense 800.00 800.00 476.15 476.15 59.52 323.85 100-5536-10-07 Training/Seminars 900.00 900.00 900.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-7145-10-07 Transfer to VERF 746.00 746.00 62.17 62.17 8.33 683.83 100-5176-10-99 TML Prop. & Liab. Insurance 115,000.00 115,000.00 96,166.22 96,166.22 83.62 18,833.78 100-5305-10-99 Chapt 380 Program Grant Exp 355,720.00 355,720.00 1,544.10 1,544.10 0.43 354,175.90 100-5306-10-99 Developer Rollback Incentives 61,615.00 61,615.00 61,615.00 100-5350-10-99 Vehicle Expense 1,000.00 1,000.00 33.04 33.04 3.30 966.96 100-5352-10-99 Fuel 10,000.00 10,000.00 10,000.00 100-5353-10-99 Oil/Grease/Inspections 1,000.00 1,000.00 1,000.00 100-5410-10-99 Professional Services 85,625.00 - 18,372.00 67,253.00 19,500.00 47,753.00 100-5415-10-99 Tuition Reimbursement 33,200.00 33,200.00 33,200.00 100-5480-10-99 Contracted Services 40,000.00 40,000.00 3,000.00 3,000.00 - 3,000.00 7.50 40,000.00 100-5600-10-99 Special Events 10,000.00 10,000.00 - 215.00 - 215.00 - 2.15 10,215.00 100-5930-10-99 Damage Claims Expense 28,238.76 28,238.76 - 28,238.76 100-6410-10-99 Land Acquisition-ROW 1,464,000.00 1,464,000.00 1,464,000.00 100-7000-10-99 Contingency 50,000.00 50,000.00 50,000.00 100-7145-10-99 Transfer to VERF 6,372.00 6,372.00 531.00 531.00 8.33 5,841.00 100-5110-20-01 Salaries & Wages 2,056,968.00 2,056,968.00 146,079.48 146,079.48 7.10 1,910,888.52 100-5115-20-01 Salaries - Overtime 98,090.00 98,090.00 10,991.78 10,991.78 11.21 87,098.22 100-5126-20-01 Salaries-Vacation Buy-Out 16,116.00 16,116.00 16,116.00 100-5127-20-01 Salaries-Certification Pay 31,500.00 31,500.00 2,704.48 2,704.48 8.59 28,795.52 100-5140-20-01 Salaries - Longevity Pay 6,740.00 6,740.00 6,740.00 100-5143-20-01 Cell Phone Allowance 1,380.00 1,380.00 115.00 115.00 8.33 1,265.00 100-5145-20-01 Social Security Expense 137,070.00 137,070.00 9,566.73 9,566.73 6.98 127,503.27 100-5150-20-01 Medicare Expense 32,057.00 32,057.00 2,237.36 2,237.36 6.98 29,819.64 100-5155-20-01 SUTA Expense 4,617.00 4,617.00 4,617.00 100-5160-20-01 Health Insurance 195,371.00 195,371.00 13,183.25 13,183.25 6.75 182,187.75 100-5165-20-01 Dental Insurance 11,057.00 11,057.00 742.73 742.73 6.72 10,314.27 100-5170-20-01 Life Insurance/AD&D 9,902.00 9,902.00 759.62 759.62 7.67 9,142.38 100-5175-20-01 Liability (TML)/Workers' Comp 71,063.00 71,063.00 2,781.62 2,781.62 3.91 68,281.38 100-5180-20-01 TMRS Expense 308,484.00 308,484.00 21,523.07 21,523.07 6.98 286,960.93 100-5185-20-01 Long/Short Term Disability 3,815.00 3,815.00 269.44 269.44 7.06 3,545.56 100-5186-20-01 WELLE-Wellness Prog Reimb Empl 4,050.00 4,050.00 128.32 128.32 3.17 3,921.68 100-5191-20-01 Hiring Cost 383.00 383.00 383.00 100-5192-20-01 Physical & Psychological 1,575.00 1,575.00 1,575.00 100-5210-20-01 Office Supplies 8,300.00 8,300.00 34.71 34.71 0.42 8,265.29 100-5212-20-01 Building Supplies 2,400.00 2,400.00 132.34 132.34 5.51 2,267.66 100-5214-20-01 Tactical Supplies 118,084.00 118,084.00 118,084.00 100-5215-20-01 Ammunition 28,395.00 28,395.00 62.93 62.93 20,671.76 0.22 7,660.31 100-5220-20-01 Office Equipment 6,075.00 6,075.00 6,075.00 100-5230-20-01 Dues,Fees,& Subscriptions 9,700.00 9,700.00 230.73 230.73 2.38 9,469.27 100-5240-20-01 Postage and Delivery 775.00 775.00 41.27 41.27 5.33 733.73 100-5265-20-01 Promotional Expense 500.00 500.00 500.00 100-5280-20-01 Printing and Reproduction 600.00 600.00 472.94 472.94 78.82 127.06 100-5310-20-01 Rental Expense 4,410.00 4,410.00 344.20 344.20 7.81 4,065.80 100-5320-20-01 Repairs & Maintenance 1,000.00 1,000.00 60.00 60.00 6.00 940.00 100-5330-20-01 Copier Expense 2,163.00 2,163.00 2,163.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5335-20-01 Radio/Video Repairs 500.00 500.00 500.00 100-5340-20-01 Building Repairs 1,500.00 1,500.00 1,500.00 100-5350-20-01 Vehicle Expense 68,000.00 68,000.00 3,002.63 3,002.63 4.42 64,997.37 100-5352-20-01 Fuel 61,798.00 61,798.00 5,960.38 5,960.38 9.65 55,837.62 100-5400-20-01 Uniform Expense 46,389.00 46,389.00 1,514.52 1,514.52 3.27 44,874.48 100-5410-20-01 Professional Services 5,118.26 - 5,118.26 100-5418-20-01 IT Fees 3,500.00 3,500.00 3,500.00 100-5419-20-01 IT Licenses 1,000.00 1,000.00 1,000.00 100-5430-20-01 Legal Fees 10,500.00 10,500.00 2,793.90 2,793.90 26.61 7,706.10 100-5435-20-01 Legal Notices/Filings 150.00 150.00 150.00 100-5480-20-01 Contracted Services 51,401.00 51,401.00 9,367.10 9,367.10 18.22 42,033.90 100-5520-20-01 Telephones 6,366.00 6,366.00 305.22 305.22 4.80 6,060.78 100-5523-20-01 Water/Sewer Charges 1,800.00 1,800.00 33.14 33.14 1.84 1,766.86 100-5524-20-01 Gas 800.00 800.00 800.00 100-5525-20-01 Electricity 17,229.00 17,229.00 1,186.25 1,186.25 6.89 16,042.75 100-5526-20-01 Data Network 7,425.00 7,425.00 721.81 721.81 9.72 6,703.19 100-5530-20-01 Travel 2,500.00 2,500.00 2,500.00 100-5533-20-01 Mileage Expense 300.00 300.00 201.16 201.16 67.05 98.84 100-5536-20-01 Training/Seminars 22,466.00 22,466.00 665.00 665.00 2.96 21,801.00 100-5600-20-01 Special Events 2,000.00 2,000.00 2,000.00 100-5620-20-01 TOOLS & EQUIPMENT 10,290.00 10,290.00 10,290.00 100-5630-20-01 Safety Equipment 16,800.00 16,800.00 16,800.00 100-6160-20-01 Capital Expense-Vehicles 6,125.00 6,125.00 6,125.00 100-7145-20-01 Transfer to VERF 303,024.00 303,024.00 25,252.00 25,252.00 8.33 277,772.00 100-5110-20-05 Salaries & Wages 446,399.00 446,399.00 35,714.48 35,714.48 8.00 410,684.52 100-5115-20-05 Salaries - Overtime 82,335.00 82,335.00 1,414.46 1,414.46 1.72 80,920.54 100-5126-20-05 Salaries-Vacation Buy-Out 3,306.00 3,306.00 3,306.00 100-5127-20-05 Salaries-Certification Pay 15,420.00 15,420.00 1,019.94 1,019.94 6.61 14,400.06 100-5140-20-05 Salaries - Longevity Pay 2,315.00 2,315.00 2,315.00 100-5145-20-05 Social Security Expense 35,053.00 35,053.00 2,252.51 2,252.51 6.43 32,800.49 100-5150-20-05 Medicare Expense 8,199.00 8,199.00 526.80 526.80 6.43 7,672.20 100-5155-20-05 SUTA Expense 1,539.00 1,539.00 1,539.00 100-5160-20-05 Health Insurance 54,607.00 54,607.00 4,917.88 4,917.88 9.01 49,689.12 100-5165-20-05 Dental Insurance 4,041.00 4,041.00 321.36 321.36 7.95 3,719.64 100-5170-20-05 Life Insurance/AD&D 1,014.00 1,014.00 79.73 79.73 7.86 934.27 100-5175-20-05 Liability (TML)/Workers' Comp 445.00 445.00 71.99 71.99 16.18 373.01 100-5180-20-05 TMRS Expense 78,419.00 78,419.00 5,162.20 5,162.20 6.58 73,256.80 100-5185-20-05 Long/Short Term Disability 806.00 806.00 67.45 67.45 8.37 738.55 100-5186-20-05 WELLE-Wellness Prog Reimb Empl 3,600.00 3,600.00 203.32 203.32 5.65 3,396.68 100-5210-20-05 Office Supplies 4,079.00 4,079.00 10.69 10.69 0.26 4,068.31 100-5212-20-05 Building Supplies 1,500.00 1,500.00 1,500.00 100-5220-20-05 Office Equipment 1,200.00 1,200.00 1,200.00 100-5230-20-05 Dues,Fees,& Subscriptions 1,260.00 1,260.00 33.00 33.00 2.62 1,227.00 100-5240-20-05 Postage and Delivery 100.00 100.00 100.00 100-5280-20-05 Printing and Reproduction 100.00 100.00 100.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5330-20-05 Copier Expense 600.00 600.00 600.00 100-5340-20-05 Building Repairs 3,000.00 3,000.00 3,000.00 100-5400-20-05 Uniform Expense 1,000.00 1,000.00 1,000.00 100-5430-20-05 Legal Fees 250.00 250.00 250.00 100-5480-20-05 Contracted Services 186,858.00 186,858.00 60,102.33 60,102.33 24,835.23 32.17 101,920.44 100-5520-20-05 Telephones 700.00 700.00 61.97 61.97 8.85 638.03 100-5523-20-05 Water/Sewer Charges 488.00 488.00 34.21 34.21 7.01 453.79 100-5524-20-05 Gas 1,000.00 1,000.00 99.31 99.31 9.93 900.69 100-5526-20-05 Data Network 735.00 735.00 735.00 100-5530-20-05 Travel 1,000.00 1,000.00 1,000.00 100-5536-20-05 Training/Seminars 1,500.00 1,500.00 695.00 695.00 46.33 805.00 100-5600-20-05 Special Events 500.00 500.00 500.00 100-7145-20-05 Transfer to VERF 901.00 901.00 75.08 75.08 8.33 825.92 100-5110-30-01 Salaries & Wages 3,120,450.00 3,120,450.00 207,838.93 207,838.93 6.66 2,912,611.07 100-5115-30-01 Salaries - Overtime 392,728.00 392,728.00 46,981.33 46,981.33 11.96 345,746.67 100-5116-30-01 Salaries - FLSA Overtime 78,109.00 78,109.00 78,109.00 100-5126-30-01 Salaries-Vacation Buy-Out 6,395.00 6,395.00 6,395.00 100-5127-30-01 Salaries-Certification Pay 39,160.00 39,160.00 2,289.32 2,289.32 5.85 36,870.68 100-5140-30-01 Salaries - Longevity Pay 11,930.00 11,930.00 11,930.00 100-5143-30-01 Cell Phone Allowance 5,400.00 5,400.00 400.00 400.00 7.41 5,000.00 100-5145-30-01 Social Security Expense 225,972.00 225,972.00 15,229.59 15,229.59 6.74 210,742.41 100-5150-30-01 Medicare Expense 52,849.00 52,849.00 3,561.77 3,561.77 6.74 49,287.23 100-5155-30-01 SUTA Expense 9,405.00 9,405.00 9,405.00 100-5160-30-01 Health Insurance 301,006.00 301,006.00 20,176.90 20,176.90 6.70 280,829.10 100-5165-30-01 Dental Insurance 16,342.00 16,342.00 1,157.48 1,157.48 7.08 15,184.52 100-5170-30-01 Life Insurance/AD&D 13,017.00 13,017.00 980.82 980.82 7.54 12,036.18 100-5171-30-01 Life Insurance-Supplemental 8,000.00 8,000.00 8,045.00 8,045.00 100.56 - 45.00 100-5175-30-01 Liability (TML)/Workers' Comp 89,480.00 89,480.00 3,403.62 3,403.62 3.80 86,076.38 100-5180-30-01 TMRS Expense 482,550.00 482,550.00 33,332.20 33,332.20 6.91 449,217.80 100-5185-30-01 Long/Short Term Disability 5,472.00 5,472.00 340.54 340.54 6.22 5,131.46 100-5186-30-01 WELLE-Wellness Prog Reimb Empl 9,600.00 9,600.00 306.64 306.64 3.19 9,293.36 100-5191-30-01 Hiring Cost 1,000.00 1,000.00 909.50 909.50 90.95 90.50 100-5194-30-01 FD Annual Phy & Screening 37,742.00 37,742.00 1,626.00 1,626.00 4.31 36,116.00 100-5210-30-01 Office Supplies 10,418.00 10,418.00 652.85 652.85 6.27 9,765.15 100-5212-30-01 Building Supplies 12,000.00 12,000.00 255.69 255.69 2.13 11,744.31 100-5220-30-01 Office Equipment 3,200.00 3,200.00 3,200.00 100-5230-30-01 Dues,Fees,& Subscriptions 8,677.00 8,677.00 2,795.00 2,795.00 32.21 5,882.00 100-5240-30-01 Postage and Delivery 250.00 250.00 19.07 19.07 7.63 230.93 100-5250-30-01 Publications 700.00 700.00 700.00 100-5280-30-01 Printing and Reproduction 1,900.00 1,900.00 1,900.00 100-5290-30-01 Other Charges and Services 2,500.00 2,500.00 2,500.00 100-5320-30-01 Repairs & Maintenance 18,000.00 18,000.00 242.27 242.27 1.35 17,757.73 100-5330-30-01 Copier Expense 3,613.00 3,613.00 3,613.00 100-5335-30-01 Radio/Video Equip. and Repairs 27,500.00 27,500.00 240.00 240.00 0.87 27,260.00 100-5340-30-01 Building Repairs 55,817.00 55,817.00 2,637.40 2,637.40 4.73 53,179.60 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5350-30-01 Vehicle Expense 44,000.00 44,000.00 1,557.46 1,557.46 3.54 42,442.54 100-5352-30-01 Fuel 20,000.00 20,000.00 2,165.38 2,165.38 10.83 17,834.62 100-5353-30-01 Oil/Grease/Inspections 1,000.00 1,000.00 7.00 7.00 0.70 993.00 100-5400-30-01 Uniform Expense 43,000.00 43,000.00 25,000.00 18,000.00 100-5418-30-01 IT Fees 2,000.00 2,000.00 174.58 174.58 8.73 1,825.42 100-5430-30-01 Legal Fees 2,000.00 2,000.00 2,489.00 2,489.00 124.45 - 489.00 100-5440-30-01 EMS 131,857.00 131,857.00 18,877.82 18,877.82 70,316.03 14.32 42,663.15 100-5445-30-01 Emergency Management 28,000.00 28,000.00 3,000.00 3,000.00 9,500.00 10.71 15,500.00 100-5480-30-01 Contracted Services 10,170.00 10,170.00 2,281.90 2,281.90 22.44 7,888.10 100-5520-30-01 Telephones 1,525.00 1,525.00 182.18 182.18 11.95 1,342.82 100-5523-30-01 Water/Sewer Charges 7,643.00 7,643.00 1,629.51 1,629.51 21.32 6,013.49 100-5524-30-01 Gas 13,000.00 13,000.00 296.89 296.89 2.28 12,703.11 100-5525-30-01 Electricity 50,000.00 50,000.00 4,239.85 4,239.85 8.48 45,760.15 100-5526-30-01 Data Network 9,176.00 9,176.00 569.85 569.85 6.21 8,606.15 100-5530-30-01 Travel 6,500.00 6,500.00 6,500.00 100-5533-30-01 Mileage Expense 1,500.00 1,500.00 171.29 171.29 11.42 1,328.71 100-5536-30-01 Training/Seminars 29,536.00 29,536.00 6,468.80 6,468.80 21.90 23,067.20 100-5610-30-01 Fire Fighting Equipment 20,000.00 20,000.00 20,000.00 100-5620-30-01 Tools & Equipment 320.00 320.00 320.00 100-5630-30-01 Safety Equipment 99,561.00 99,561.00 716.95 716.95 32,517.24 0.72 66,326.81 100-6140-30-01 Capital Expense-Equipment 82,300.00 82,300.00 82,300.00 100-7145-30-01 Transfer to VERF 291,085.00 291,085.00 24,257.08 24,257.08 8.33 266,827.92 100-5110-30-05 Salaries & Wages 188,489.00 188,489.00 14,248.96 14,248.96 7.56 174,240.04 100-5115-30-05 Salaries - Overtime 22,904.00 22,904.00 657.51 657.51 2.87 22,246.49 100-5140-30-05 Salaries - Longevity Pay 875.00 875.00 875.00 100-5143-30-05 Cell Phone Allowance 1,800.00 1,800.00 150.00 150.00 8.33 1,650.00 100-5145-30-05 Social Security Expense 13,272.00 13,272.00 853.91 853.91 6.43 12,418.09 100-5150-30-05 Medicare Expense 3,105.00 3,105.00 199.70 199.70 6.43 2,905.30 100-5155-30-05 SUTA Expense 342.00 342.00 342.00 100-5160-30-05 Health Insurance 17,166.00 17,166.00 1,430.42 1,430.42 8.33 15,735.58 100-5165-30-05 Dental Insurance 958.00 958.00 79.82 79.82 8.33 878.18 100-5170-30-05 Life Insurance/AD&D 751.00 751.00 62.52 62.52 8.33 688.48 100-5175-30-05 Liability (TML)/Workers' Comp 4,240.00 4,240.00 163.98 163.98 3.87 4,076.02 100-5180-30-05 TMRS Expense 29,884.00 29,884.00 2,013.14 2,013.14 6.74 27,870.86 100-5185-30-05 Long/Short Term Disability 348.00 348.00 27.07 27.07 7.78 320.93 100-5186-30-05 WELLE-Wellness Prog Reimb Empl 600.00 600.00 50.00 50.00 8.33 550.00 100-5191-30-05 Hiring Cost 2,300.00 2,300.00 2,300.00 100-5193-30-05 Records Retention 250.00 250.00 250.00 100-5194-30-05 FD Annual Phy & Screening 1,614.00 1,614.00 1,614.00 100-5210-30-05 Office Supplies 250.00 250.00 250.00 100-5215-30-05 Ammunition 1,250.00 1,250.00 1,250.00 100-5220-30-05 Office Equipment 300.00 300.00 300.00 100-5230-30-05 Dues,Fees,& Subscriptions 350.00 350.00 624.00 624.00 178.29 - 274.00 100-5240-30-05 Postage and Delivery 60.00 60.00 60.00 100-5250-30-05 Publications 550.00 550.00 550.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5280-30-05 Printing and Reproduction 500.00 500.00 500.00 100-5295-30-05 Public Education/Fire Prevent 4,000.00 4,000.00 4,000.00 100-5335-30-05 Radio/Video Equip. and Repairs 500.00 500.00 500.00 100-5350-30-05 Vehicle Expense 2,300.00 2,300.00 2,300.00 100-5352-30-05 Fuel 4,000.00 4,000.00 181.66 181.66 4.54 3,818.34 100-5353-30-05 Oil/Grease/Inspections 750.00 750.00 750.00 100-5400-30-05 Uniform Expense 2,050.00 2,050.00 2,050.00 100-5430-30-05 Legal Fees 2,500.00 2,500.00 2,500.00 100-5480-30-05 Contracted Services 2,150.00 2,150.00 2,150.00 100-5526-30-05 Data Network 1,365.00 1,365.00 113.97 113.97 8.35 1,251.03 100-5530-30-05 Travel 1,200.00 1,200.00 1,200.00 100-5533-30-05 Mileage Expense 750.00 750.00 750.00 100-5536-30-05 Training/Seminars 4,700.00 4,700.00 4,700.00 100-5620-30-05 Tools & Equipment 450.00 450.00 450.00 100-5630-30-05 Safety Equipment 6,450.00 6,450.00 6,450.00 100-7145-30-05 Transfer to VERF 7,953.00 7,953.00 662.75 662.75 8.33 7,290.25 100-5110-40-01 Salaries & Wages 848,934.00 848,934.00 60,838.81 60,838.81 7.17 788,095.19 100-5115-40-01 Salaries - Overtime 7,500.00 7,500.00 1,133.58 1,133.58 15.11 6,366.42 100-5140-40-01 Salaries - Longevity Pay 2,855.00 2,855.00 2,855.00 100-5143-40-01 Cell Phone Allowance 3,420.00 3,420.00 285.00 285.00 8.33 3,135.00 100-5145-40-01 Social Security Expense 53,644.00 53,644.00 3,524.29 3,524.29 6.57 50,119.71 100-5150-40-01 Medicare Expense 12,547.00 12,547.00 824.24 824.24 6.57 11,722.76 100-5155-40-01 SUTA Expense 2,394.00 2,394.00 2,394.00 100-5160-40-01 Health Insurance 94,471.00 94,471.00 7,434.08 7,434.08 7.87 87,036.92 100-5165-40-01 Dental Insurance 5,378.00 5,378.00 431.62 431.62 8.03 4,946.38 100-5170-40-01 Life Insurance/AD&D 1,483.00 1,483.00 121.94 121.94 8.22 1,361.06 100-5175-40-01 Liability (TML)/Workers' Comp 3,159.00 3,159.00 225.49 225.49 7.14 2,933.51 100-5180-40-01 TMRS Expense 120,612.00 120,612.00 8,341.49 8,341.49 6.92 112,270.51 100-5185-40-01 Long/Short Term Disability 1,568.00 1,568.00 115.62 115.62 7.37 1,452.38 100-5186-40-01 WELLE-Wellness Prog Reimb Empl 300.00 300.00 300.00 100-5210-40-01 Office Supplies 7,050.00 7,050.00 256.38 256.38 3.64 6,793.62 100-5212-40-01 Building Supplies 3,500.00 3,500.00 296.71 296.71 8.48 3,203.29 100-5220-40-01 Office Equipment 6,430.00 6,430.00 6,430.00 100-5230-40-01 Dues,Fees,& Subscriptions 2,200.00 2,200.00 2,200.00 100-5240-40-01 Postage and Delivery 50.00 50.00 0.34 0.34 0.68 49.66 100-5250-40-01 Publications 2,775.00 2,775.00 2,775.00 100-5280-40-01 Printing and Reproduction 1,000.00 1,000.00 60.63 60.63 6.06 939.37 100-5310-40-01 Rental Expense 3,406.00 3,406.00 561.80 561.80 2,844.20 16.49 100-5330-40-01 Copier Expense 1,767.00 1,767.00 1,767.00 100-5340-40-01 Building Repairs 5,000.00 5,000.00 69.00 69.00 1.38 4,931.00 100-5350-40-01 Vehicle Expense 3,500.00 3,500.00 870.00 870.00 24.86 2,630.00 100-5352-40-01 Fuel 6,000.00 6,000.00 685.34 685.34 11.42 5,314.66 100-5353-40-01 Oil/Grease/Inspections 1,160.00 1,160.00 1,160.00 100-5400-40-01 Uniform Expense 3,250.00 3,250.00 50.28 50.28 1.55 3,199.72 100-5410-40-01 Professional Services 271,000.00 271,000.00 1,816.34 1,816.34 251,683.66 0.67 17,500.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5418-40-01 IT Fees 33,060.00 33,060.00 35,260.00 - 2,200.00 100-5419-40-01 IT Licenses 870.00 870.00 870.00 100-5430-40-01 Legal Fees 500.00 500.00 500.00 100-5465-40-01 Public Relations 500.00 500.00 500.00 100-5475-40-01 Credit Card Fees 18,000.00 18,000.00 1,294.16 1,294.16 7.19 16,705.84 100-5480-40-01 Contracted Services 4,440.00 4,440.00 220.00 220.00 4.96 4,220.00 100-5523-40-01 Water/Sewer Charges 387.00 387.00 32.02 32.02 8.27 354.98 100-5525-40-01 Electricity 6,500.00 6,500.00 603.12 603.12 9.28 5,896.88 100-5526-40-01 Data Network 3,648.00 3,648.00 303.92 303.92 8.33 3,344.08 100-5530-40-01 Travel 4,858.00 4,858.00 4,858.00 100-5533-40-01 Mileage Expense 2,050.00 2,050.00 2,050.00 100-5536-40-01 Training/Seminars 10,990.00 10,990.00 10,990.00 100-5620-40-01 Tools & Equipment 1,000.00 1,000.00 1,000.00 100-5630-40-01 Safety Equipment 1,500.00 1,500.00 1,500.00 100-5640-40-01 Signs & Hardware 4,561.00 4,561.00 354.15 354.15 7.77 4,206.85 100-7145-40-01 Transfer to VERF 29,053.00 29,053.00 2,421.08 2,421.08 8.33 26,631.92 100-5110-40-02 Salaries & Wages 85,103.00 85,103.00 4,115.20 4,115.20 4.84 80,987.80 100-5115-40-02 Salaries - Overtime 400.00 400.00 400.00 100-5140-40-02 Salaries - Longevity Pay 450.00 450.00 450.00 100-5143-40-02 Cell Phone Allowance 450.00 450.00 450.00 100-5145-40-02 Social Security Expense 5,358.00 5,358.00 221.85 221.85 4.14 5,136.15 100-5150-40-02 Medicare Expense 1,254.00 1,254.00 51.89 51.89 4.14 1,202.11 100-5155-40-02 SUTA Expense 342.00 342.00 342.00 100-5160-40-02 Health Insurance 12,628.00 12,628.00 801.32 801.32 6.35 11,826.68 100-5165-40-02 Dental Insurance 653.00 653.00 37.90 37.90 5.80 615.10 100-5170-40-02 Life Insurance/AD&D 137.00 137.00 9.38 9.38 6.85 127.62 100-5175-40-02 Liability (TML)/Workers' Comp 395.00 395.00 17.28 17.28 4.38 377.72 100-5180-40-02 TMRS Expense 11,910.00 11,910.00 553.91 553.91 4.65 11,356.09 100-5185-40-02 Long/Short Term Disability 160.00 160.00 7.82 7.82 4.89 152.18 100-5186-40-02 WELLE-Wellness Prog Reimb Empl 300.00 300.00 300.00 100-5210-40-02 Office Supplies 900.00 900.00 14.99 14.99 1.67 885.01 100-5220-40-02 Office Equipment 3,455.00 3,455.00 3,455.00 100-5230-40-02 Dues,Fees,& Subscriptions 520.00 520.00 520.00 100-5240-40-02 Postage and Delivery 750.00 750.00 16.26 16.26 2.17 733.74 100-5280-40-02 Printing and Reproduction 310.00 310.00 310.00 100-5350-40-02 Vehicle Expense 1,320.00 1,320.00 1,320.00 100-5352-40-02 Fuel 1,080.00 1,080.00 82.11 82.11 7.60 997.89 100-5353-40-02 Oil/Grease/Inspections 225.00 225.00 225.00 100-5400-40-02 Uniform Expense 450.00 450.00 450.00 100-5430-40-02 Legal Fees 1,000.00 1,000.00 209.00 209.00 20.90 791.00 100-5435-40-02 Legal Notices/Filings 250.00 250.00 250.00 100-5480-40-02 Contracted Services 115,430.00 115,430.00 2,220.00 2,220.00 45,960.00 1.92 67,250.00 100-5520-40-02 Telephones 510.00 510.00 26.07 26.07 5.11 483.93 100-5523-40-02 Water/Sewer Charges 30.00 30.00 2.50 2.50 8.33 27.50 100-5526-40-02 Data Network 456.00 456.00 37.99 37.99 8.33 418.01 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5530-40-02 Travel 1,540.00 1,540.00 1,540.00 100-5533-40-02 Mileage Expense 250.00 250.00 250.00 100-5536-40-02 Training/Seminars 1,500.00 1,500.00 1,500.00 100-5600-40-02 Special Events 250.00 250.00 250.00 100-5620-40-02 Tools & Equipment 400.00 400.00 400.00 100-5640-40-02 Signs & Hardware 1,705.00 1,705.00 1,705.00 100-6160-40-02 Capital Expense-Vehicles 21,160.00 21,160.00 20,635.00 525.00 100-7145-40-02 Transfer to VERF 408.00 408.00 34.00 34.00 8.33 374.00 100-5110-40-03 Salaries & Wages 399,804.00 399,804.00 23,559.52 23,559.52 5.89 376,244.48 100-5115-40-03 Salaries - Overtime 2,000.00 2,000.00 2,000.00 100-5126-40-03 Salaries-Vacation Buy-Out 2,957.00 2,957.00 2,957.00 100-5140-40-03 Salaries - Longevity Pay 1,105.00 1,105.00 1,105.00 100-5143-40-03 Cell Phone Allowance 3,060.00 3,060.00 185.00 185.00 6.05 2,875.00 100-5145-40-03 Social Security Expense 25,385.00 25,385.00 1,335.25 1,335.25 5.26 24,049.75 100-5150-40-03 Medicare Expense 5,938.00 5,938.00 312.27 312.27 5.26 5,625.73 100-5155-40-03 SUTA Expense 855.00 855.00 855.00 100-5160-40-03 Health Insurance 47,258.00 47,258.00 3,392.18 3,392.18 7.18 43,865.82 100-5165-40-03 Dental Insurance 2,258.00 2,258.00 163.08 163.08 7.22 2,094.92 100-5170-40-03 Life Insurance/AD&D 531.00 531.00 39.38 39.38 7.42 491.62 100-5175-40-03 Liability (TML)/Workers' Comp 1,163.00 1,163.00 65.75 65.75 5.65 1,097.25 100-5180-40-03 TMRS Expense 56,703.00 56,703.00 3,184.58 3,184.58 5.62 53,518.42 100-5185-40-03 Long/Short Term Disability 745.00 745.00 44.78 44.78 6.01 700.22 100-5186-40-03 WELLE-Wellness Prog Reimb Empl 2,400.00 2,400.00 100.00 100.00 4.17 2,300.00 100-5210-40-03 Office Supplies 6,100.00 6,100.00 155.41 155.41 2.55 5,944.59 100-5220-40-03 Office Equipment 8,215.00 8,215.00 8,215.00 100-5230-40-03 Dues,Fees,& Subscriptions 2,938.00 2,938.00 263.00 263.00 8.95 2,675.00 100-5240-40-03 Postage and Delivery 550.00 550.00 29.88 29.88 5.43 520.12 100-5280-40-03 Printing and Reproduction 850.00 850.00 75.86 75.86 8.93 774.14 100-5325-40-03 Copier Lease 3,000.00 3,000.00 3,000.00 100-5330-40-03 Copier Expense 3,000.00 3,000.00 3,000.00 100-5340-40-03 Building Repairs 400.00 400.00 400.00 100-5352-40-03 Fuel 200.00 200.00 200.00 100-5400-40-03 Uniform Expense 500.00 500.00 500.00 100-5410-40-03 Professional Services 176,838.00 176,838.00 5,000.00 5,000.00 75,182.00 2.83 96,656.00 100-5418-40-03 IT Fees 2,000.00 2,000.00 1,209.00 1,209.00 60.45 791.00 100-5430-40-03 Legal Fees 15,000.00 15,000.00 1,197.00 1,197.00 7.98 13,803.00 100-5435-40-03 Legal Notices/Filings 250.00 250.00 250.00 100-5480-40-03 Contracted Services 4,780.00 4,780.00 160.00 160.00 3.35 4,620.00 100-5523-40-03 Water/Sewer Charges 120.00 120.00 9.97 9.97 8.31 110.03 100-5526-40-03 Data Network 5,260.00 5,260.00 5,260.00 100-5530-40-03 Travel 4,870.00 4,870.00 4,870.00 100-5533-40-03 Mileage Expense 2,170.00 2,170.00 2,170.00 100-5536-40-03 Training/Seminars 4,600.00 4,600.00 90.00 90.00 1.96 4,510.00 100-7145-40-03 Transfer to VERF 1,328.00 1,328.00 110.67 110.67 8.33 1,217.33 100-5110-50-01 Salaries & Wages 229,691.00 229,691.00 13,181.64 13,181.64 5.74 216,509.36 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5115-50-01 Salaries - Overtime 3,500.00 3,500.00 107.29 107.29 3.07 3,392.71 100-5140-50-01 Salaries - Longevity Pay 1,520.00 1,520.00 1,520.00 100-5145-50-01 Social Security Expense 14,864.00 14,864.00 751.90 751.90 5.06 14,112.10 100-5150-50-01 Medicare Expense 3,475.00 3,475.00 175.84 175.84 5.06 3,299.16 100-5155-50-01 SUTA Expense 855.00 855.00 855.00 100-5160-50-01 Health Insurance 41,460.00 41,460.00 2,451.96 2,451.96 5.91 39,008.04 100-5165-50-01 Dental Insurance 2,014.00 2,014.00 118.28 118.28 5.87 1,895.72 100-5170-50-01 Life Insurance/AD&D 408.00 408.00 28.14 28.14 6.90 379.86 100-5175-50-01 Liability (TML)/Workers' Comp 17,334.00 17,334.00 508.30 508.30 2.93 16,825.70 100-5180-50-01 TMRS Expense 33,152.00 33,152.00 1,795.43 1,795.43 5.42 31,356.57 100-5185-50-01 Long/Short Term Disability 434.00 434.00 24.03 24.03 5.54 409.97 100-5186-50-01 WELLE-Wellness Prog Reimb Empl 1,500.00 1,500.00 50.00 50.00 3.33 1,450.00 100-5210-50-01 Office Supplies 500.00 500.00 500.00 100-5220-50-01 Office Equipment 1,500.00 1,500.00 1,500.00 100-5230-50-01 Dues,Fees,& Subscriptions 500.00 500.00 61.00 61.00 12.20 439.00 100-5310-50-01 Rental Expense 24,000.00 24,000.00 24,000.00 100-5320-50-01 Repairs & Maintenance 4,500.00 4,500.00 4,500.00 100-5321-50-01 Signal Light Repairs 5,000.00 5,000.00 756.40 756.40 15.13 4,243.60 100-5340-50-01 Building Repairs 2,000.00 2,000.00 2,000.00 100-5350-50-01 Vehicle Expense 27,500.00 27,500.00 991.15 991.15 5,436.51 3.60 21,072.34 100-5352-50-01 Fuel 5,000.00 5,000.00 681.92 681.92 13.64 4,318.08 100-5353-50-01 Oil/Grease/Inspections 300.00 300.00 38.54 38.54 12.85 261.46 100-5400-50-01 Uniform Expense 5,500.00 5,500.00 102.00 102.00 1.86 5,398.00 100-5430-50-01 Legal Fees 9,863.00 9,863.00 9,863.00 100-5480-50-01 Contracted Services 2,275,652.00 2,275,652.00 12,210.20 12,210.20 0.54 2,263,441.80 100-5520-50-01 Telephones 1,100.00 1,100.00 87.46 87.46 7.95 1,012.54 100-5523-50-01 Water/Sewer Charges 10,170.00 10,170.00 22.70 22.70 0.22 10,147.30 100-5525-50-01 Electricity 172,700.00 172,700.00 15,457.84 15,457.84 8.95 157,242.16 100-5526-50-01 Data Network 100.00 100.00 7.00 7.00 7.00 93.00 100-5530-50-01 Travel 400.00 400.00 400.00 100-5536-50-01 Training/Seminars 6,000.00 6,000.00 6,000.00 100-5620-50-01 Tools & Equipment 3,000.00 3,000.00 226.07 226.07 7.54 2,773.93 100-5630-50-01 Safety Equipment 3,500.00 3,500.00 3,500.00 100-5640-50-01 Signs & Hardware 25,000.00 25,000.00 1,184.74 1,184.74 4.74 23,815.26 100-5650-50-01 Maintenance Materials 68,000.00 68,000.00 5,364.54 5,364.54 7.89 62,635.46 100-6110-50-01 Capital Expenditure 5,238.28 5,238.28 5,433.00 - 10,671.28 100-6110-50-01 Median Lighting-Coit (380-1st) 87,504.10 87,504.10 314,122.35 - 401,626.45 100-6140-50-01 Capital Expense-Equipment 54,500.00 54,500.00 48,410.00 6,090.00 100-7144-50-01 Transfer to Bond Fund 920,000.00 920,000.00 76,666.67 76,666.67 8.33 843,333.33 100-7145-50-01 Transfer to VERF 63,396.00 63,396.00 5,283.00 5,283.00 8.33 58,113.00 100-5212-50-05 BUILDING SUPPLIES 13,425.00 13,425.00 13,425.00 100-5480-50-05 CONTRACTED SERVICES 20,000.00 20,000.00 20,000.00 100-5523-50-05 WATER/SEWER CHARGES 2,400.00 2,400.00 2,400.00 100-5524-50-05 GAS 200.00 200.00 200.00 100-5525-50-05 ELECTRICITY 60,000.00 60,000.00 60,000.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5110-60-01 Salaries & Wages 306,175.00 306,175.00 22,865.88 22,865.88 7.47 283,309.12 100-5115-60-01 Salaries - Overtime 500.00 500.00 500.00 100-5140-60-01 Salaries - Longevity Pay 555.00 555.00 555.00 100-5143-60-01 Cell Phone Allowance 2,160.00 2,160.00 215.00 215.00 9.95 1,945.00 100-5145-60-01 Social Security Expense 19,183.00 19,183.00 1,339.85 1,339.85 6.99 17,843.15 100-5150-60-01 Medicare Expense 4,486.00 4,486.00 313.35 313.35 6.99 4,172.65 100-5155-60-01 SUTA Expense 684.00 684.00 684.00 100-5160-60-01 Health Insurance 33,570.00 33,570.00 2,495.76 2,495.76 7.43 31,074.24 100-5165-60-01 Dental Insurance 1,844.00 1,844.00 153.60 153.60 8.33 1,690.40 100-5170-60-01 Life Insurance/AD&D 451.00 451.00 37.52 37.52 8.32 413.48 100-5175-60-01 Liability (TML)/Workers' Comp 4,676.00 4,676.00 191.22 191.22 4.09 4,484.78 100-5180-60-01 TMRS Expense 43,192.00 43,192.00 3,089.74 3,089.74 7.15 40,102.26 100-5185-60-01 Long/Short Term Disability 565.00 565.00 43.46 43.46 7.69 521.54 100-5186-60-01 WELLE-Wellness Prog Reimb Empl 1,200.00 1,200.00 89.16 89.16 7.43 1,110.84 100-5210-60-01 Office Supplies 2,000.00 2,000.00 181.26 181.26 9.06 1,818.74 100-5212-60-01 Building Supplies 500.00 500.00 500.00 100-5230-60-01 Dues,Fees,& Subscriptions 2,500.00 2,500.00 2,500.00 100-5240-60-01 Postage and Delivery 50.00 50.00 1.19 1.19 2.38 48.81 100-5280-60-01 Printing and Reproduction 250.00 250.00 250.00 100-5330-60-01 Copier Expense 2,800.00 2,800.00 2,800.00 100-5340-60-01 Building Repairs 500.00 500.00 500.00 100-5400-60-01 Uniform Expense 400.00 400.00 400.00 100-5410-60-01 Professional Services 121,375.00 121,375.00 6,034.28 6,034.28 10,161.28 4.97 105,179.44 100-5410-60-01 HWY 289 Gateway Monument 57,475.00 - 57,475.00 100-5419-60-01 IT Licenses 600.00 600.00 600.00 100-5430-60-01 Legal Fees 7,500.00 7,500.00 437.00 437.00 5.83 7,063.00 100-5435-60-01 Legal Notices/Filings 250.00 250.00 250.00 100-5480-60-01 Contracted Services 1,600.00 1,600.00 120.00 120.00 7.50 1,480.00 100-5520-60-01 Telephones 420.00 420.00 35.90 35.90 8.55 384.10 100-5523-60-01 Water/Sewer Charges 2,150.00 2,150.00 9.97 9.97 0.46 2,140.03 100-5524-60-01 GAS 4,200.00 4,200.00 4,200.00 100-5525-60-01 Electricity 9,600.00 9,600.00 9,600.00 100-5530-60-01 Travel 4,600.00 4,600.00 9.00 9.00 0.20 4,591.00 100-5533-60-01 Mileage Expense 2,000.00 2,000.00 2,000.00 100-5536-60-01 Training/Seminars 7,500.00 7,500.00 7,500.00 100-5601-60-01 Event - Prosper Christmas 40,000.00 40,000.00 40,000.00 100-6000-60-01 Dispatch Expense 12,000.00 12,000.00 12,000.00 100-6110-60-01 Capital Expenditure 470,300.00 470,300.00 470,300.00 100-7145-60-01 Transfer to VERF 1,979.00 1,979.00 164.92 164.92 8.33 1,814.08 100-5110-60-02 Salaries & Wages 742,914.00 742,914.00 50,771.69 50,771.69 6.83 692,142.31 100-5115-60-02 Salaries - Overtime 15,443.00 15,443.00 1,247.63 1,247.63 8.08 14,195.37 100-5126-60-02 Salaries-Vacation Buy-Out 10,793.00 10,793.00 10,793.00 100-5140-60-02 Salaries - Longevity Pay 3,905.00 3,905.00 3,905.00 100-5143-60-02 Cell Phone Allowance 6,000.00 6,000.00 230.00 230.00 3.83 5,770.00 100-5145-60-02 Social Security Expense 48,302.00 48,302.00 2,980.37 2,980.37 6.17 45,321.63 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5150-60-02 Medicare Expense 11,299.00 11,299.00 697.03 697.03 6.17 10,601.97 100-5155-60-02 SUTA Expense 2,907.00 2,907.00 2,907.00 100-5160-60-02 Health Insurance 151,314.00 151,314.00 10,834.18 10,834.18 7.16 140,479.82 100-5165-60-02 Dental Insurance 6,648.00 6,648.00 504.44 504.44 7.59 6,143.56 100-5170-60-02 Life Insurance/AD&D 1,754.00 1,754.00 140.70 140.70 8.02 1,613.30 100-5175-60-02 Liability (TML)/Workers' Comp 27,975.00 27,975.00 963.01 963.01 3.44 27,011.99 100-5180-60-02 TMRS Expense 108,399.00 108,399.00 7,059.45 7,059.45 6.51 101,339.55 100-5185-60-02 Long/Short Term Disability 1,373.00 1,373.00 95.59 95.59 6.96 1,277.41 100-5186-60-02 WELLE-Wellness Prog Reimb Empl 6,300.00 6,300.00 428.32 428.32 6.80 5,871.68 100-5210-60-02 Office Supplies 500.00 500.00 500.00 100-5212-60-02 Building Supplies 1,500.00 1,500.00 1,500.00 100-5220-60-02 Office Equipment 3,111.00 3,111.00 3,111.00 100-5230-60-02 Dues,Fees,& Subscriptions 1,088.00 1,088.00 100.00 100.00 9.19 988.00 100-5310-60-02 Rental Expense 29,000.00 29,000.00 23,925.00 5,075.00 100-5320-60-02 Repairs & Maintenance 81,790.00 81,790.00 9,456.48 9,456.48 - 4,667.24 11.56 77,000.76 100-5322-60-02 Irrigation Repairs 29,200.00 29,200.00 5,291.58 5,291.58 18.12 23,908.42 100-5323-60-02 Field Maintenance 62,325.00 62,325.00 8,279.57 8,279.57 13.29 54,045.43 100-5330-60-02 Copier Expense 237.00 237.00 237.00 100-5350-60-02 Vehicle Expense 4,500.00 4,500.00 4,500.00 100-5352-60-02 Fuel 14,295.00 14,295.00 1,175.21 1,175.21 8.22 13,119.79 100-5353-60-02 Oil/Grease/Inspections 1,650.00 1,650.00 99.46 99.46 6.03 1,550.54 100-5355-60-02 Chemicals/Fertilizer 50,680.00 50,680.00 3,190.49 3,190.49 6.30 47,489.51 100-5400-60-02 Uniform Expense 10,060.00 10,060.00 530.66 530.66 5.28 9,529.34 100-5480-60-02 Contracted Services 271,972.00 271,972.00 30,254.43 30,254.43 35,555.42 11.12 206,162.15 100-5520-60-02 Telephones 4,730.00 4,730.00 264.85 264.85 5.60 4,465.15 100-5523-60-02 Water/Sewer Charges 176,608.00 176,608.00 22,835.13 22,835.13 12.93 153,772.87 100-5525-60-02 Electricity 160,000.00 160,000.00 13,542.54 13,542.54 8.46 146,457.46 100-5526-60-02 Data Network 800.00 800.00 37.99 37.99 4.75 762.01 100-5530-60-02 Travel 3,705.00 3,705.00 3,705.00 100-5533-60-02 Mileage Expense 150.00 150.00 150.00 100-5536-60-02 Training/Seminars 2,550.00 2,550.00 2,550.00 100-5620-60-02 Tools & Equipment 3,950.00 6,500.00 10,450.00 6,046.30 4,403.70 100-5630-60-02 Safety Equipment 1,680.00 1,680.00 25.96 25.96 1.55 1,654.04 100-5640-60-02 Signs & Hardware 6,200.00 6,200.00 6,200.00 100-6120-60-02 Capital Expense-Park Impr 169,559.00 - 169,559.00 100-6140-60-02 Capital Expense-Equipment 99,050.00 - 6,500.00 92,550.00 16,087.25 76,462.75 100-7145-60-02 Transfer to VERF 77,653.00 77,653.00 6,471.08 6,471.08 8.33 71,181.92 100-5110-60-03 Salaries & Wages 53,222.00 53,222.00 3,974.76 3,974.76 7.47 49,247.24 100-5140-60-03 Salaries - Longevity Pay 230.00 230.00 230.00 100-5145-60-03 Social Security Expense 3,314.00 3,314.00 221.19 221.19 6.67 3,092.81 100-5150-60-03 Medicare Expense 775.00 775.00 51.73 51.73 6.68 723.27 100-5155-60-03 SUTA Expense 171.00 171.00 171.00 100-5170-60-03 Life Insurance/AD&D 113.00 113.00 9.38 9.38 8.30 103.62 100-5175-60-03 Liability (TML)/Workers' Comp 52.00 52.00 7.56 7.56 14.54 44.44 100-5180-60-03 TMRS Expense 7,462.00 7,462.00 535.00 535.00 7.17 6,927.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5185-60-03 Long/Short Term Disability 99.00 99.00 7.56 7.56 7.64 91.44 100-5240-60-03 Postage and Delivery 1,800.00 1,800.00 1,800.00 100-5260-60-03 Advertising 2,000.00 2,000.00 2,000.00 100-5280-60-03 Printing and Reproduction 2,000.00 2,000.00 2,000.00 100-5475-60-03 Credit Card Fees 1,500.00 1,500.00 321.47 321.47 21.43 1,178.53 100-5523-60-03 Water/Sewer Charges 2.50 2.50 - 2.50 100-5600-60-03 Special Events 28,725.00 28,725.00 28,725.00 100-5995-60-03 Recreation Activities 28,000.00 28,000.00 320.85 320.85 1.15 27,679.15 100-5110-60-05 Salaries & Wages 292,487.00 292,487.00 10,466.78 10,466.78 3.58 282,020.22 100-5140-60-05 Salaries - Longevity Pay 210.00 210.00 210.00 100-5145-60-05 Social Security Expense 18,649.00 18,649.00 649.30 649.30 3.48 17,999.70 100-5150-60-05 Medicare Expense 4,336.00 4,336.00 151.86 151.86 3.50 4,184.14 100-5155-60-05 SUTA Expense 1,454.00 1,454.00 1,454.00 100-5160-60-05 Health Insurance 20,331.00 20,331.00 20,331.00 100-5165-60-05 Dental Insurance 1,337.00 1,337.00 1,337.00 100-5170-60-05 Life Insurance/AD&D 271.00 271.00 9.38 9.38 3.46 261.62 100-5175-60-05 Liability (TML)/Workers' Comp 440.00 440.00 22.47 22.47 5.11 417.53 100-5180-60-05 TMRS Expense 33,760.00 33,760.00 1,108.86 1,108.86 3.29 32,651.14 100-5185-60-05 Long/Short Term Disability 462.00 462.00 15.66 15.66 3.39 446.34 100-5186-60-05 WELLE-Wellness Prog Reimb Empl 2,700.00 2,700.00 2,700.00 100-5210-60-05 Office Supplies 8,170.00 - 500.00 7,670.00 7,670.00 100-5212-60-05 Building Supplies 100.00 100.00 100.00 100-5220-60-05 Office Equipment 25,740.00 25,740.00 25,740.00 100-5230-60-05 Dues,Fees,& Subscriptions 3,000.00 3,000.00 3,000.00 100-5240-60-05 Postage and Delivery 100.00 100.00 23.72 23.72 23.72 76.28 100-5281-60-05 Book Purchases 27,000.00 27,000.00 4,878.80 4,878.80 15,290.20 18.07 6,831.00 100-5282-60-05 DVD Purchases 1,500.00 1,500.00 1,500.00 100-5283-60-05 Audiobook Purchases 1,700.00 1,700.00 158.42 158.42 9.32 1,541.58 100-5284-60-05 Other Collect. Item Purchases 2,617.00 2,617.00 228.99 228.99 8.75 2,388.01 100-5310-60-05 Rental Expense 500.00 500.00 500.00 100-5325-60-05 Copier Lease 900.00 900.00 900.00 100-5330-60-05 Copier Expense 900.00 900.00 900.00 100-5400-60-05 Uniform Expense 975.00 975.00 975.00 100-5430-60-05 Legal Fees 3,700.00 3,700.00 3,500.00 200.00 100-5480-60-05 Contracted Services 6,500.00 6,500.00 6,500.00 100-5520-60-05 Telephones 1,980.00 1,980.00 35.90 35.90 1.81 1,944.10 100-5526-60-05 Data Network 37.99 37.99 - 37.99 100-5530-60-05 Travel 6,500.00 6,500.00 25.97 25.97 0.40 6,474.03 100-5533-60-05 Mileage Expense 500.00 500.00 293.18 293.18 58.64 206.82 100-5536-60-05 Training/Seminars 1,000.00 1,000.00 1,000.00 100-5600-60-05 Special Events 1,000.00 1,000.00 1,000.00 100-7145-60-05 TRANSFER TO VERF 660.00 660.00 55.00 55.00 8.33 605.00 100-5110-98-01 Salaries & Wages 677,273.00 677,273.00 44,625.70 44,625.70 6.59 632,647.30 100-5115-98-01 Salaries - Overtime 700.00 700.00 700.00 100-5126-98-01 Salaries-Vacation Buy-Out 9,348.00 9,348.00 9,348.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 100-5140-98-01 Salaries - Longevity Pay 1,665.00 1,665.00 1,665.00 100-5145-98-01 Social Security Expense 42,748.00 42,748.00 2,537.01 2,537.01 5.94 40,210.99 100-5150-98-01 Medicare Expense 9,997.00 9,997.00 593.36 593.36 5.94 9,403.64 100-5155-98-01 SUTA Expense 1,197.00 1,197.00 1,197.00 100-5160-98-01 Health Insurance 68,433.00 68,433.00 4,888.70 4,888.70 7.14 63,544.30 100-5165-98-01 Dental Insurance 3,157.00 3,157.00 238.28 238.28 7.55 2,918.72 100-5170-98-01 Life Insurance/AD&D 795.00 795.00 61.92 61.92 7.79 733.08 100-5175-98-01 Liability (TML)/Workers' Comp 1,431.00 1,431.00 126.34 126.34 8.83 1,304.66 100-5180-98-01 TMRS Expense 95,887.00 95,887.00 6,020.08 6,020.08 6.28 89,866.92 100-5185-98-01 Long/Short Term Disability 1,254.00 1,254.00 84.78 84.78 6.76 1,169.22 100-5186-98-01 WELLE-Wellness Prog Reimb Empl 1,650.00 1,650.00 100.00 100.00 6.06 1,550.00 100-5210-98-01 Office Supplies 2,470.00 2,470.00 241.87 241.87 9.79 2,228.13 100-5212-98-01 Building Supplies 350.00 350.00 350.00 100-5220-98-01 Office Equipment 7,130.00 7,130.00 7,130.00 100-5230-98-01 Dues,Fees,& Subscriptions 3,155.00 3,155.00 3,155.00 100-5240-98-01 Postage and Delivery 280.00 280.00 9.36 9.36 3.34 270.64 100-5250-98-01 Publications 346.00 346.00 346.00 100-5280-98-01 Printing and Reproduction 200.00 200.00 200.00 100-5330-98-01 Copier Expense 840.00 840.00 840.00 100-5350-98-01 Vehicle Expense 200.00 200.00 10.04 10.04 5.02 189.96 100-5352-98-01 Fuel 45.83 45.83 - 45.83 100-5353-98-01 Oil/Grease/Inspections 250.00 250.00 250.00 100-5400-98-01 Uniform Expense 700.00 700.00 700.00 100-5410-98-01 Professional Services 30,000.00 30,000.00 17,048.84 17,048.84 65,301.16 56.83 - 52,350.00 100-5419-98-01 IT Licenses 2,250.00 2,250.00 2,250.00 100-5430-98-01 Legal Fees 10,000.00 10,000.00 2,071.05 2,071.05 20.71 7,928.95 100-5435-98-01 Legal Notices/Filings 2,400.00 2,400.00 187.40 187.40 7.81 2,212.60 100-5480-98-01 Contracted Services 960.00 960.00 120.00 120.00 12.50 840.00 100-5520-98-01 Telephones 3,575.00 3,575.00 170.56 170.56 4.77 3,404.44 100-5523-98-01 Water/Sewer Charges 172.00 172.00 14.25 14.25 8.29 157.75 100-5524-98-01 Gas 490.00 490.00 46.85 46.85 9.56 443.15 100-5526-98-01 Data Network 480.00 480.00 37.99 37.99 7.92 442.01 100-5530-98-01 Travel 3,660.00 3,660.00 36.00 36.00 0.98 3,624.00 100-5533-98-01 Mileage Expense 6,750.00 6,750.00 34.24 34.24 0.51 6,715.76 100-5536-98-01 Training/Seminars 4,399.00 4,399.00 4,399.00 100-5620-98-01 Tools & Equipment 1,000.00 1,000.00 59.99 59.99 6.00 940.01 100-7145-98-01 Transfer to VERF 12,677.00 12,677.00 140.78 140.78 1.11 12,536.22 150-4015-10-00 Water Impact Fees - 19,105.00 - 19,105.00 - 19,105.00 150-4020-10-00 Wastewater Impact Fees - 14,110.00 - 14,110.00 - 14,110.00 150-4040-10-00 East Thoroughfare Impact Fees - 332,938.00 - 332,938.00 - 332,938.00 150-4110-10-00 Property Taxes (Town)- 212,036.00 - 212,036.00 - 212,036.00 150-4111-10-00 Property Taxes (County)- 84,975.00 - 84,975.00 - 84,975.00 150-4120-10-00 Sales Taxes (Town)- 365,000.00 - 365,000.00 - 6,070.19 - 6,070.19 1.66 - 358,929.81 150-4121-10-00 Sales Taxes (PEDC)- 203,792.00 - 203,792.00 - 5,083.78 - 5,083.78 2.50 - 198,708.22 150-4610-10-00 Interest Income - 20,000.00 - 20,000.00 - 91.96 - 91.96 0.46 - 19,908.04 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 150-5820-10-00 Town Ad Valorem Tax Rebate 1,245,915.00 1,245,915.00 1,245,915.00 160-4041-10-00 W Thoro Impact Fee - 206,190.00 - 206,190.00 - 206,190.00 160-4610-10-00 Interest Income - 14.52 - 14.52 14.52 160-5810-10-00 W Thoro Impact Fee Rebate 206,978.00 206,978.00 206,978.00 200-4000-10-08 W/S Service Initiation - 88,000.00 - 88,000.00 - 6,400.00 - 6,400.00 7.27 - 81,600.00 200-4007-10-08 Sanitation - 1,061,760.00 - 1,061,760.00 - 81,909.36 - 81,909.36 7.71 - 979,850.64 200-4009-10-08 Late Fee-W/S - 99,225.00 - 99,225.00 - 9,701.28 - 9,701.28 9.78 - 89,523.72 200-4005-50-02 Water Revenue - 9,374,394.00 - 9,374,394.00 - 527,592.74 - 527,592.74 5.63 - 8,846,801.26 200-4010-50-02 Connection Tap & Construction - 875,830.00 - 875,830.00 - 74,125.00 - 74,125.00 8.46 - 801,705.00 200-4012-50-02 Saturday Inspection Fee - 13,432.00 - 13,432.00 - 13,432.00 200-4018-50-02 Internet Cr. Card Fees - 49,984.00 - 49,984.00 - 5,259.11 - 5,259.11 10.52 - 44,724.89 200-4019-50-02 Cr. Card Pmt Fees - 12,892.00 - 12,892.00 - 1,404.37 - 1,404.37 10.89 - 11,487.63 200-4060-50-02 NSF Fees - 1,850.00 - 1,850.00 - 75.00 - 75.00 4.05 - 1,775.00 200-4243-50-02 Backflow Prevention Inspection - 32,398.00 - 32,398.00 - 3,175.00 - 3,175.00 9.80 - 29,223.00 200-4610-50-02 Interest Income - 71,421.00 - 71,421.00 - 4,092.44 - 4,092.44 5.73 - 67,328.56 200-4910-50-02 Other Revenue - 117,178.00 - 117,178.00 - 11,173.34 - 11,173.34 9.54 - 106,004.66 200-4006-50-03 Sewer - 4,603,625.00 - 4,603,625.00 - 176,355.25 - 176,355.25 3.83 - 4,427,269.75 200-4010-50-03 Connection Tap & Construction - 366,914.00 - 366,914.00 - 31,600.00 - 31,600.00 8.61 - 335,314.00 200-5110-10-08 Salaries & Wages 172,626.00 172,626.00 11,319.91 11,319.91 6.56 161,306.09 200-5115-10-08 Salaries - Overtime 3,500.00 3,500.00 3,500.00 200-5140-10-08 Salaries - Longevity Pay 1,115.00 1,115.00 1,115.00 200-5145-10-08 Social Security Expense 10,989.00 10,989.00 667.75 667.75 6.08 10,321.25 200-5150-10-08 Medicare Expense 2,570.00 2,570.00 156.18 156.18 6.08 2,413.82 200-5155-10-08 SUTA Expense 684.00 684.00 684.00 200-5160-10-08 Health Insurance 23,520.00 23,520.00 1,646.48 1,646.48 7.00 21,873.52 200-5165-10-08 Dental Insurance 1,569.00 1,569.00 114.20 114.20 7.28 1,454.80 200-5170-10-08 Life Insurance/AD&D 362.00 362.00 28.14 28.14 7.77 333.86 200-5175-10-08 Liability (TML)/Workers' Comp 193.00 193.00 21.70 21.70 11.24 171.30 200-5180-10-08 TMRS Expense 24,639.00 24,639.00 1,537.11 1,537.11 6.24 23,101.89 200-5185-10-08 Long/Short Term Disability 322.00 322.00 21.50 21.50 6.68 300.50 200-5186-10-08 WELLE-Wellness Prog Reimb-Empl 1,500.00 1,500.00 100.00 100.00 6.67 1,400.00 200-5210-10-08 Office Supplies 2,140.00 2,140.00 2,140.00 200-5212-10-08 Building Supplies 1,275.00 1,275.00 132.34 132.34 10.38 1,142.66 200-5220-10-08 Office Equipment 4,595.00 4,595.00 4,595.00 200-5230-10-08 Dues,Fees,& Subscriptions 200.00 200.00 200.00 200-5240-10-08 Postage and Delivery 37,500.00 37,500.00 3,029.27 3,029.27 8.08 34,470.73 200-5280-10-08 Printing and Reproduction 3,636.00 3,636.00 479.90 479.90 13.20 3,156.10 200-5290-10-08 Other Charges and Services 300.00 300.00 300.00 200-5330-10-08 Copier Expense 1,386.00 1,386.00 1,386.00 200-5340-10-08 Building Repairs 400.00 400.00 400.00 200-5400-10-08 Uniform Expense 226.00 226.00 226.00 200-5418-10-08 IT Fees 10,200.00 10,200.00 10,200.00 200-5430-10-08 Legal Fees 3,150.00 3,150.00 3,150.00 200-5470-10-08 Trash Collection 1,287,692.00 1,287,692.00 76,144.98 76,144.98 5.91 1,211,547.02 200-5479-10-08 Household Haz. Waste Disposal 10,000.00 10,000.00 10,000.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-5480-10-08 Contracted Services 15,000.00 15,000.00 716.63 716.63 4.78 14,283.37 200-5520-10-08 Telephones 1,225.00 1,225.00 35.90 35.90 2.93 1,189.10 200-5523-10-08 Water/Sewer Charges 835.00 835.00 20.05 20.05 2.40 814.95 200-5530-10-08 Travel 500.00 500.00 500.00 200-5533-10-08 Mileage Expense 700.00 700.00 700.00 200-5536-10-08 Training/Seminars 1,500.00 1,500.00 1,500.00 200-5600-10-08 Special Events 900.00 900.00 900.00 200-7145-10-08 Transfer to VERF 887.00 887.00 73.92 73.92 8.33 813.08 200-7147-10-08 Transfer to GF 44,237.00 44,237.00 3,686.42 3,686.42 8.33 40,550.58 200-5176-10-99 TML-Prop & Liab Insurance 39,650.00 39,650.00 37,397.98 37,397.98 94.32 2,252.02 200-5295-10-99 General Fund Franchise Fee 225,539.00 225,539.00 225,539.00 200-5415-10-99 Tuition Reimbursement 6,018.00 6,018.00 6,018.00 200-6186-10-99 2013 Bond Payment 215,000.00 215,000.00 215,000.00 200-6192-10-99 2011 Refd Bond Pmt 183,000.00 183,000.00 183,000.00 200-6193-10-99 2012 CO Bond Payment 278,050.00 278,050.00 278,050.00 200-6199-10-99 08 CO Bond Payment 62,000.00 62,000.00 62,000.00 200-6201-10-99 2014 GO Bond Payment 365,000.00 365,000.00 365,000.00 200-6202-10-99 2014 CO Bond Payment 470,000.00 470,000.00 470,000.00 200-6205-10-99 2016 GO Bond Payment 340,900.00 340,900.00 340,900.00 200-6299-10-99 Bond Interest Expense 1,059,922.00 1,059,922.00 1,059,922.00 200-6610-10-99 Park Ops/Public Works Complex 2,000,000.00 2,000,000.00 2,000,000.00 200-7000-10-99 Contingency 50,000.00 50,000.00 4,352.90 45,647.10 200-5110-50-02 Salaries & Wages 1,043,500.00 1,043,500.00 69,562.45 69,562.45 6.67 973,937.55 200-5115-50-02 Salaries - Overtime 29,600.00 29,600.00 3,074.77 3,074.77 10.39 26,525.23 200-5126-50-02 Salaries-Vacation Buy-Out 4,006.00 4,006.00 4,006.00 200-5140-50-02 Salaries - Longevity Pay 4,455.00 4,455.00 4,455.00 200-5145-50-02 Social Security Expense 67,057.00 67,057.00 4,252.58 4,252.58 6.34 62,804.42 200-5150-50-02 Medicare Expense 15,683.00 15,683.00 994.59 994.59 6.34 14,688.41 200-5155-50-02 SUTA Expense 3,591.00 3,591.00 3,591.00 200-5160-50-02 Health Insurance 147,458.00 147,458.00 10,327.92 10,327.92 7.00 137,130.08 200-5165-50-02 Dental Insurance 8,180.00 8,180.00 550.82 550.82 6.73 7,629.18 200-5170-50-02 Life Insurance/AD&D 2,135.00 2,135.00 159.46 159.46 7.47 1,975.54 200-5175-50-02 Liability (TML)/Workers' Comp 45,246.00 45,246.00 1,478.03 1,478.03 3.27 43,767.97 200-5180-50-02 TMRS Expense 150,457.00 150,457.00 9,829.36 9,829.36 6.53 140,627.64 200-5185-50-02 Long/Short Term Disability 1,938.00 1,938.00 128.27 128.27 6.62 1,809.73 200-5186-50-02 WELLE-Wellness Prog Reimb-Empl 7,950.00 7,950.00 389.16 389.16 4.90 7,560.84 200-5210-50-02 Office Supplies 3,925.00 3,925.00 106.92 106.92 2.72 3,818.08 200-5212-50-02 Building Supplies 3,800.00 3,800.00 41.82 41.82 1.10 3,758.18 200-5220-50-02 Office Equipment 11,220.00 11,220.00 308.82 308.82 2.75 10,911.18 200-5230-50-02 Dues,Fees,& Subscriptions 20,000.00 20,000.00 36.00 36.00 0.18 19,964.00 200-5240-50-02 Postage and Delivery 130.00 130.00 26.28 26.28 20.22 103.72 200-5280-50-02 Printing and Reproduction 3,000.00 3,000.00 3,000.00 200-5310-50-02 Rental Expense 3,000.00 3,000.00 3,000.00 200-5320-50-02 Repairs & Maintenance 3,600.00 3,600.00 3,600.00 200-5330-50-02 Copier Expense 1,600.00 1,600.00 1,600.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-5340-50-02 Building Repairs 5,000.00 5,000.00 5,000.00 200-5350-50-02 Vehicle Expense 31,322.00 31,322.00 402.40 402.40 1.29 30,919.60 200-5352-50-02 Fuel 25,200.00 25,200.00 2,046.67 2,046.67 8.12 23,153.33 200-5353-50-02 Oil/Grease/Inspections 1,000.00 1,000.00 147.32 147.32 14.73 852.68 200-5400-50-02 Uniform Expense 20,150.00 20,150.00 425.00 425.00 2.11 19,725.00 200-5419-50-02 IT Licenses 17,000.00 17,000.00 17,000.00 200-5430-50-02 Legal Fees 1,000.00 1,000.00 1,000.00 200-5475-50-02 Credit Card Fees 51,000.00 51,000.00 7,108.84 7,108.84 13.94 43,891.16 200-5480-50-02 Contracted Services 51,500.00 51,500.00 846.00 846.00 1.64 50,654.00 200-5520-50-02 Telephones 9,855.00 9,855.00 589.00 589.00 5.98 9,266.00 200-5521-50-02 Cell Phone Expense 1,700.00 1,700.00 1,700.00 200-5523-50-02 Water/Sewer Charges 45,700.00 45,700.00 532.60 532.60 1.17 45,167.40 200-5524-50-02 Gas 1,000.00 1,000.00 1,000.00 200-5525-50-02 Electricity 243,660.00 243,660.00 28,111.39 28,111.39 11.54 215,548.61 200-5526-50-02 Data Network 4,320.00 4,320.00 265.93 265.93 6.16 4,054.07 200-5530-50-02 Travel 2,300.00 2,300.00 2,300.00 200-5533-50-02 Mileage Expense 1,000.00 1,000.00 1,000.00 200-5536-50-02 Training/Seminars 12,200.00 12,200.00 - 2.92 - 2.92 - 0.02 12,202.92 200-5540-50-02 Water Testing 4,000.00 4,000.00 4,000.00 200-5545-50-02 Meter Purchases 381,480.00 381,480.00 8,436.00 8,436.00 49,774.90 2.21 323,269.10 200-5550-50-02 Water Purchases 4,153,586.00 4,153,586.00 350,082.74 350,082.74 8.43 3,803,503.26 200-5620-50-02 Tools & Equipment 21,989.00 21,989.00 198.67 198.67 0.90 21,790.33 200-5630-50-02 Safety Equipment 10,600.00 10,600.00 10,600.00 200-5640-50-02 Signs & Hardware 1,612.00 1,612.00 1,612.00 200-5650-50-02 Maintenance Materials 3,000.00 3,000.00 205.00 205.00 6.83 2,795.00 200-5660-50-02 Chemical Supplies 9,080.00 9,080.00 123.69 123.69 1.36 8,956.31 200-5670-50-02 System Improvements 155,000.00 155,000.00 14,489.31 14,489.31 9.35 140,510.69 200-6125-50-02 CAPITAL EXPENSE-TECHNOLOGY 52,100.00 52,100.00 52,100.00 200-6140-50-02 Capital Expense-Equipment 132,200.00 132,200.00 132,200.00 200-6160-50-02 Capital Expense-Vehicles 51,618.00 51,618.00 45,805.00 5,813.00 200-7145-50-02 Transfer to VERF 180,232.00 180,232.00 15,019.33 15,019.33 8.33 165,212.67 200-7147-50-02 Transfer to GF 577,651.00 577,651.00 48,137.58 48,137.58 8.33 529,513.42 200-5110-50-03 Salaries & Wages 370,148.00 370,148.00 19,972.99 19,972.99 5.40 350,175.01 200-5115-50-03 Salaries - Overtime 15,000.00 15,000.00 2,168.19 2,168.19 14.46 12,831.81 200-5140-50-03 Salaries - Longevity Pay 1,635.00 1,635.00 1,635.00 200-5145-50-03 Social Security Expense 23,982.00 23,982.00 1,275.77 1,275.77 5.32 22,706.23 200-5150-50-03 Medicare Expense 5,608.00 5,608.00 298.35 298.35 5.32 5,309.65 200-5155-50-03 SUTA Expense 1,539.00 1,539.00 1,539.00 200-5160-50-03 Health Insurance 73,190.00 73,190.00 4,041.72 4,041.72 5.52 69,148.28 200-5165-50-03 Dental Insurance 3,739.00 3,739.00 205.74 205.74 5.50 3,533.26 200-5170-50-03 Life Insurance/AD&D 859.00 859.00 56.28 56.28 6.55 802.72 200-5175-50-03 Liability (TML)/Workers' Comp 19,202.00 19,202.00 532.53 532.53 2.77 18,669.47 200-5180-50-03 TMRS Expense 53,652.00 53,652.00 2,998.91 2,998.91 5.59 50,653.09 200-5185-50-03 Long/Short Term Disability 693.00 693.00 36.88 36.88 5.32 656.12 200-5186-50-03 WELLE-Wellness Prog Reimb-Empl 3,900.00 3,900.00 139.16 139.16 3.57 3,760.84 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 200-5210-50-03 Office Supplies 1,800.00 1,800.00 139.00 139.00 7.72 1,661.00 200-5212-50-03 Building Supplies 700.00 700.00 700.00 200-5220-50-03 Office Equipment 2,240.00 2,240.00 2,240.00 200-5230-50-03 Dues,Fees,& Subscriptions 8,467.00 8,467.00 8,467.00 200-5280-50-03 Printing and Reproduction 300.00 300.00 300.00 200-5310-50-03 Rental Expense 5,000.00 5,000.00 5,000.00 200-5320-50-03 Repairs & Maintenance 37,000.00 37,000.00 1,113.00 1,113.00 3.01 35,887.00 200-5335-50-03 Radio/Video Repairs 500.00 500.00 500.00 200-5340-50-03 Building Repairs 1,000.00 1,000.00 1,000.00 200-5350-50-03 Vehicle Expense 26,800.00 26,800.00 125.75 125.75 0.47 26,674.25 200-5352-50-03 Fuel 11,700.00 11,700.00 560.68 560.68 4.79 11,139.32 200-5353-50-03 Oil/Grease/Inspections 300.00 300.00 29.65 29.65 9.88 270.35 200-5400-50-03 Uniform Expense 9,200.00 9,200.00 178.50 178.50 1.94 9,021.50 200-5419-50-03 IT Licenses 14,000.00 14,000.00 14,000.00 200-5430-50-03 Legal Fees 100.00 100.00 100.00 200-5480-50-03 Contracted Services 63,750.00 63,750.00 63,750.00 200-5520-50-03 Telephones 1,500.00 1,500.00 147.25 147.25 9.82 1,352.75 200-5521-50-03 Cell Phone Expense 850.00 850.00 850.00 200-5523-50-03 Water/Sewer Charges 17,770.00 17,770.00 33.39 33.39 0.19 17,736.61 200-5525-50-03 Electricity 46,098.00 46,098.00 4,948.88 4,948.88 10.74 41,149.12 200-5526-50-03 Data Network 37.99 37.99 - 37.99 200-5530-50-03 Travel 500.00 500.00 500.00 200-5533-50-03 Mileage Expense 200.00 200.00 200.00 200-5536-50-03 Training/Seminars 13,200.00 13,200.00 13,200.00 200-5560-50-03 Sewer Management Fees 1,626,925.00 1,626,925.00 303,117.00 303,117.00 18.63 1,323,808.00 200-5620-50-03 Tools & Equipment 11,500.00 11,500.00 141.02 141.02 1.23 11,358.98 200-5630-50-03 Safety Equipment 15,700.00 15,700.00 300.00 300.00 1.91 15,400.00 200-5640-50-03 Signs & Hardware 250.00 250.00 250.00 200-5650-50-03 Maintenance Materials 2,000.00 2,000.00 30.75 30.75 1.54 1,969.25 200-5660-50-03 Chemical Supplies 3,000.00 3,000.00 534.65 534.65 17.82 2,465.35 200-5670-50-03 System Improvements 49,300.00 49,300.00 291.26 291.26 0.59 49,008.74 200-5680-50-03 Lift Station Expense 15,000.00 15,000.00 15,000.00 200-6140-50-03 Capital Expense-Equipment 20,000.00 20,000.00 20,000.00 200-6160-50-03 Capital Expense-Vehicles 411,200.00 411,200.00 372,600.65 38,599.35 200-7145-50-03 Transfer to VERF 64,858.00 64,858.00 5,404.83 5,404.83 8.33 59,453.17 200-7147-50-03 Transfer to GF 152,356.00 152,356.00 12,696.33 12,696.33 8.33 139,659.67 300-4105-10-00 Property Taxes -Delinquent - 141,463.00 - 141,463.00 - 3,886.14 - 3,886.14 2.75 - 137,576.86 300-4110-10-00 Property Taxes -Current - 4,810,042.00 - 4,810,042.00 - 88,771.51 - 88,771.51 1.85 - 4,721,270.49 300-4115-10-00 Taxes -Penalties - 35,520.00 - 35,520.00 - 1,426.75 - 1,426.75 4.02 - 34,093.25 300-4610-10-00 Interest Income - 36,000.00 - 36,000.00 - 1,178.59 - 1,178.59 3.27 - 34,821.41 300-5410-10-00 Professional Services 8,400.00 8,400.00 8,400.00 300-6186-10-00 2013 GO Ref Bond 155,000.00 155,000.00 155,000.00 300-6189-10-00 2012 GO TX Bond Payment 175,000.00 175,000.00 175,000.00 300-6192-10-00 2011 Ref Bond Pmt 117,000.00 117,000.00 117,000.00 300-6199-10-00 2008 Bond Payment 558,000.00 558,000.00 558,000.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 300-6200-10-00 Bond Administrative Fees 7,650.00 7,650.00 400.00 400.00 5.23 7,250.00 300-6201-10-00 2014 GO Debt payment 255,000.00 255,000.00 255,000.00 300-6203-10-00 2015 GO Debt Payment 170,000.00 170,000.00 170,000.00 300-6204-10-00 2015 CO Debt Payment 60,000.00 60,000.00 60,000.00 300-6205-10-00 2016 GO Debt Payment 374,100.00 374,100.00 374,100.00 300-6206-10-00 2016 CO Debt Payment 115,000.00 115,000.00 115,000.00 300-6207-10-00 2017 GO Bond Payment 575,000.00 575,000.00 575,000.00 300-6299-10-00 Bond Interest Expense 2,148,158.00 2,148,158.00 2,148,158.00 400-4610-10-00 Interest Earned - 53.24 - 53.24 53.24 410-4610-10-99 Interest - 15,000.00 - 15,000.00 - 897.87 - 897.87 5.99 - 14,102.13 410-4910-10-99 Other Reimbursements - 20,000.00 - 20,000.00 - 20,000.00 410-4995-10-99 Transfer In - 1,069,091.00 - 1,069,091.00 - 88,706.36 - 88,706.36 8.30 - 980,384.64 410-6125-10-01 Capital-Equipment (Technology) 1,500.00 1,500.00 1,500.00 410-6125-10-02 Capital-Equipment (Technology) 630.00 630.00 630.00 410-6125-10-03 Capital-Equipment (Technology) 3,000.00 3,000.00 3,000.00 410-6125-10-05 Capital-Equipment (Technology) 7,500.00 7,500.00 7,500.00 410-6125-10-07 Capital-Equipment (Technology) 1,500.00 1,500.00 1,500.00 410-6125-10-08 Capital-Equipment (Technology) 900.00 900.00 900.00 410-6125-20-01 Capital-Equipment (Technology) 29,970.00 29,970.00 29,970.00 410-6160-20-01 Capital-Vehicles 179,033.00 179,033.00 160,015.08 19,017.92 410-6125-20-05 Capital-Equipment (Technology) 5,000.00 5,000.00 5,000.00 410-6125-30-01 Capital-Equipment (Technology) 26,640.00 26,640.00 26,640.00 410-6160-30-01 Capital-Vehicles 105,500.00 105,500.00 59,127.64 46,372.36 410-6125-40-01 Capital-Equipment (Technology) 4,050.00 4,050.00 4,050.00 410-6125-40-02 Capital-Equipment (Technology) 630.00 630.00 630.00 410-6125-40-03 Capital-Equipment (Technology) 3,660.00 3,660.00 3,660.00 410-6140-50-01 Capital-Equipment 27,800.00 27,800.00 27,800.00 410-6125-50-02 Capital-Equipment (Technology) 900.00 900.00 900.00 410-6140-50-02 Capital-Equipment 21,000.00 21,000.00 21,000.00 410-6160-50-02 Capital-Vehicles 22,200.00 22,200.00 20,710.00 1,490.00 410-6125-60-01 Capital-Equipment(Technology) 2,130.00 2,130.00 2,130.00 410-6125-60-02 Capital-Equipment(Technology) 900.00 900.00 900.00 410-6160-60-02 Capital-vehicles 28,700.00 28,700.00 27,105.00 1,595.00 410-6125-98-01 Capital-Equipment(Technology) 5,790.00 5,790.00 5,790.00 450-4001-98-02 Storm Drainage Utility Fee - 528,351.00 - 528,351.00 - 15,500.90 - 15,500.90 2.93 - 512,850.10 450-4610-98-02 Interest Storm Utility - 10,000.00 - 10,000.00 - 297.67 - 297.67 2.98 - 9,702.33 450-5110-98-02 Salaries 111,555.00 111,555.00 8,443.04 8,443.04 7.57 103,111.96 450-5115-98-02 Salaries-Overtime 1,000.00 1,000.00 1,000.00 450-5140-98-02 Salaries-Longevity Pay 135.00 135.00 135.00 450-5145-98-02 Social Security Expense 6,987.00 6,987.00 515.92 515.92 7.38 6,471.08 450-5150-98-02 Medicare Expense 1,635.00 1,635.00 120.66 120.66 7.38 1,514.34 450-5155-98-02 SUTA Expense 342.00 342.00 342.00 450-5160-98-02 Health Insurance 6,796.00 6,796.00 503.80 503.80 7.41 6,292.20 450-5165-98-02 Dental Expense 434.00 434.00 36.12 36.12 8.32 397.88 450-5170-98-02 Life Insurance/AD&D 226.00 226.00 18.76 18.76 8.30 207.24 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 450-5175-98-02 Liability (TML) Workers Comp 5,000.00 5,000.00 182.36 182.36 3.65 4,817.64 450-5180-98-02 TMRS Expense 15,733.00 15,733.00 1,136.43 1,136.43 7.22 14,596.57 450-5185-98-02 Long/Short Term Disability 206.00 206.00 15.78 15.78 7.66 190.22 450-5186-98-02 WELLE-Wellness Prog Reimb Empl 600.00 600.00 600.00 450-5210-98-02 Office Supplies 150.00 150.00 150.00 450-5230-98-02 Dues, Fees, & Subscriptions 2,095.00 2,095.00 2,095.00 450-5240-98-02 Postage and Delivery 50.00 50.00 50.00 450-5310-98-02 Rental Expense 2,500.00 2,500.00 2,500.00 450-5320-98-02 Repairs & Maiantenance 800.00 800.00 800.00 450-5350-98-02 Vehicle Expense 500.00 500.00 27.77 27.77 5.55 472.23 450-5352-98-02 Fuel 1,000.00 1,000.00 121.71 121.71 12.17 878.29 450-5353-98-02 Oil/Grease/Inspections 200.00 200.00 200.00 450-5400-98-02 Uniforms 1,000.00 1,000.00 1,000.00 450-5410-98-02 Professional Services-Storm Dr 1,000.00 1,000.00 1,000.00 450-5480-98-02 Contract Services 4,250.00 4,250.00 4,250.00 - 8,500.00 450-5520-98-02 Telephones 1,500.00 1,500.00 65.04 65.04 4.34 1,434.96 450-5521-98-02 Cell Phone Expense 650.00 650.00 650.00 450-5526-98-02 Data Network 460.00 460.00 37.99 37.99 8.26 422.01 450-5530-98-02 Travel/Lodging/Meals Expense 500.00 500.00 500.00 450-5536-98-02 Training/Seminars 2,095.00 2,095.00 2,095.00 450-5620-98-02 Toosl & Equipment 500.00 500.00 500.00 450-5630-98-02 Safety Equipment 1,700.00 1,700.00 1,700.00 450-5650-98-02 Maintenance Materials 4,000.00 4,000.00 4,000.00 450-6193-98-02 2012 CO Bond Payment 56,950.00 56,950.00 56,950.00 450-6205-98-02 2016 CO Bond Payment 50,000.00 50,000.00 50,000.00 450-6208-98-02 2017 CO Bond Payment 35,000.00 35,000.00 35,000.00 450-6299-98-02 Bond Interest Expense 149,595.00 149,595.00 149,595.00 450-7145-98-02 Transfer to VERF 9,038.00 9,038.00 753.17 753.17 8.33 8,284.83 450-7147-98-02 Transfer to GF 122,390.00 122,390.00 10,199.17 10,199.17 8.33 112,190.83 560-4995-10-00 Transfer In 20,637.35 20,637.35 - 20,637.35 570-4537-10-00 Court Technology Revenue - 10,395.00 - 10,395.00 - 1,099.76 - 1,099.76 10.58 - 9,295.24 570-4610-10-00 Interest - 25.00 - 25.00 - 4.84 - 4.84 19.36 - 20.16 580-4536-10-00 Court Security Revenue - 7,700.00 - 7,700.00 - 824.79 - 824.79 10.71 - 6,875.21 580-4610-10-00 Interest - 240.00 - 240.00 - 14.52 - 14.52 6.05 - 225.48 580-5110-10-00 Salaries & Wages Payable 7,994.00 7,994.00 477.61 477.61 5.98 7,516.39 580-5145-10-00 Social Security Expense 496.00 496.00 29.61 29.61 5.97 466.39 580-5150-10-00 Medicare Expense 116.00 116.00 6.92 6.92 5.97 109.08 580-5155-10-00 SUTA expense 171.00 171.00 171.00 580-5175-10-00 Workers Comp 278.00 278.00 8.64 8.64 3.11 269.36 580-5204-10-00 Court Security Expense 1,044.00 1,044.00 172.78 172.78 16.55 871.22 610-4045-60-00 Park Dedication-Fees - 370,718.00 - 370,718.00 - 370,718.00 610-4610-60-00 Interest Income - 10,000.00 - 10,000.00 - 1,093.90 - 1,093.90 10.94 - 8,906.10 610-6610-60-00 CAPITAL PROJECT 60,000.00 60,000.00 60,000.00 610-6610-60-00 Frontier North Field Imp 440,657.72 - 440,657.72 610-6610-60-00 Park Ops/Public Works Complex 1,100,000.00 1,100,000.00 1,100,000.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 620-4055-60-00 Park Improvement - 398,000.00 - 398,000.00 - 398,000.00 620-4610-60-00 Interest Income - 8,000.00 - 8,000.00 - 844.63 - 844.63 10.56 - 7,155.37 620-4995-60-00 Transfer In - 900,000.00 - 900,000.00 - 900,000.00 620-6610-60-00 Frontier North Field Imprvmnts 803,984.69 - 803,984.69 620-6610-60-00 Cockrell Park Trail Connection 70,000.00 70,000.00 70,000.00 620-6610-60-00 Hays Park 50,000.00 50,000.00 50,000.00 620-6610-60-00 Stars Trail Park #1 450,000.00 450,000.00 450,000.00 630-4015-50-00 Impact Fees - 3,584,000.00 - 3,584,000.00 - 281,202.00 - 281,202.00 7.85 - 3,302,798.00 630-4615-50-00 Interest - 40,000.00 - 40,000.00 - 2,364.46 - 2,364.46 5.91 - 37,635.54 630-5489-50-00 DEVELOPER AGREEMENT REIMBURSE 1,709,275.00 - 1,709,275.00 630-5489-50-00 Dev Agrmnt-TVG Westside 975,000.00 975,000.00 975,000.00 630-5489-50-00 Dev Agrmt-Prsp Prtnrs West 129,750.00 129,750.00 129,750.00 630-5489-50-00 Dev Agrmnt-Parks @ Legacy 25,000.00 25,000.00 25,000.00 630-5489-50-00 Dev Agrmnt-PISD 89,525.00 89,525.00 89,525.00 630-5489-50-00 Dev Agrmnt-Prosper Lakes 97,500.00 97,500.00 97,500.00 630-5489-50-00 Dev Agrment-Star Trail 292,500.00 292,500.00 292,500.00 630-5489-50-00 Dev Agrmnt-TVG Windsong 100,000.00 100,000.00 100,000.00 630-6610-50-00 Prosper Trail EST 40,500.00 40,500.00 70,200.00 - 110,700.00 630-6610-50-00 County Line Elevated Storage 240,450.00 240,450.00 280,888.79 - 40,438.79 630-6610-50-00 24 WL Conn. Cnty Line EST/DNT 2,232,850.00 2,232,850.00 607,624.25 1,625,225.75 630-6610-50-00 Custer Road Pump Station Expan 889,350.00 889,350.00 100,175.78 789,174.22 630-6610-50-00 42" Lovers Lane Trnsmn Line 4,345.64 - 4,345.64 630-6610-50-00 Lower Pressure Plane Easements 1,487,150.00 1,487,150.00 1,487,150.00 640-4020-50-00 Impact Fees - 600,000.00 - 600,000.00 - 54,759.50 - 54,759.50 9.13 - 545,240.50 640-4620-50-00 Interest - 10,000.00 - 10,000.00 - 619.55 - 619.55 6.20 - 9,380.45 640-4905-50-00 Equity Fee - 19,000.00 - 19,000.00 19,000.00 640-5489-50-00 DEVELOPER AGREEMENT REIMBURSE 354,425.00 - 354,425.00 640-5489-50-00 Dev Agrmt TVG Westside Util 170,750.00 170,750.00 170,750.00 640-5489-50-00 Dev Agrmt Propser Partners 34,150.00 34,150.00 34,150.00 640-5489-50-00 Dev Agrmt Frontier Estates 51,225.00 51,225.00 51,225.00 640-5489-50-00 Dev Agrmnt LaCima 10,000.00 10,000.00 10,000.00 640-5489-50-00 Dev Agrmnt Brookhollow 5,000.00 5,000.00 5,000.00 640-5489-50-00 Dev Agrmnt TVG Windsong 68,300.00 68,300.00 68,300.00 640-5489-50-00 Dev Agrmnt All Storage 15,000.00 15,000.00 15,000.00 640-6610-50-00 Public Works Interceptor 165,130.00 165,130.00 72,891.54 72,891.54 85,672.09 44.14 6,566.37 660-4040-50-00 East Thoroughfare Impact Fees - 2,785,000.00 - 2,785,000.00 - 124,617.46 - 124,617.46 4.48 - 2,660,382.54 660-4610-50-00 Interest - 35,000.00 - 35,000.00 - 2,640.36 - 2,640.36 7.54 - 32,359.64 660-5489-50-00 DEVELOPER AGREEMENT REIMBURSE 150,000.00 150,000.00 150,000.00 660-6610-50-00 Frontier Pkwy BNSF Overpass 3,680,000.00 3,680,000.00 3,680,000.00 660-6610-50-00 Prosper Trail (Kroger to Coit) 3,000,000.00 3,000,000.00 3,000,000.00 660-6610-50-00 Prosper Trail (Coit - Custer) 43,104.80 43,104.80 383,477.53 - 426,582.33 660-6610-50-00 Coit Road (First - Frontier) 63,979.80 63,979.80 286,176.20 - 350,156.00 660-6610-50-00 FM2478 ROW (US380-FM1461) 80,000.00 80,000.00 80,000.00 80,000.00 100.00 670-4530-10-00 Police Donation Inc - 15,000.00 - 15,000.00 - 1,081.00 - 1,081.00 7.21 - 13,919.00 670-4531-10-00 Fire Donations - 14,000.00 - 14,000.00 - 1,112.00 - 1,112.00 7.94 - 12,888.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 670-4535-10-00 Child Safety Inc - 5,000.00 - 5,000.00 - 5,000.00 670-4538-10-00 Donations - ITTCC - 1,000.00 - 1,000.00 - 1,000.00 670-4550-10-00 LEOSE Revenue - 2,000.00 - 2,000.00 - 2,000.00 670-4610-10-00 Interest Income - 2,500.00 - 2,500.00 - 135.53 - 135.53 5.42 - 2,364.47 670-5205-10-00 Police Donation Exp 10,000.00 10,000.00 300.00 300.00 3.00 9,700.00 670-5206-10-00 Fire Dept Donation Exp 5,000.00 5,000.00 5,000.00 670-5208-10-00 Child Safety Expense 5,000.00 5,000.00 1,054.28 1,054.28 21.09 3,945.72 670-5212-10-00 Tree Mitigation Expense 10,000.00 10,000.00 10,000.00 670-5292-10-00 PD Seizure Expense 5,000.00 5,000.00 400.00 400.00 8.00 4,600.00 670-7144-10-00 Transfer Out - 20,637.35 - 20,637.35 20,637.35 680-4041-50-00 W Thoroughfare Impact Fees - 1,850,000.00 - 1,850,000.00 - 127,024.00 - 127,024.00 6.87 - 1,722,976.00 680-4610-50-00 Interest - 7,500.00 - 7,500.00 - 464.66 - 464.66 6.20 - 7,035.34 680-5405-50-00 Cook Lane - Land Acquisition 1,315.00 - 1,315.00 680-5489-50-00 DEVELOPER AGREEMENT REIMBURSE 1,650,000.00 1,650,000.00 1,650,000.00 730-4530-10-00 Employee Contributions - 507,750.00 - 507,750.00 - 39,745.53 - 39,745.53 7.83 - 468,004.47 730-4535-10-00 Employer Contributions - 1,582,120.00 - 1,582,120.00 - 106,705.04 - 106,705.04 6.74 - 1,475,414.96 730-4540-10-00 Contractor Insurance Premium - 1,705.96 - 1,705.96 1,705.96 730-4545-10-00 Stop Loss Reimbursement - 21,144.07 - 21,144.07 21,144.07 730-4610-10-00 Interest Income - 77.45 - 77.45 77.45 730-4995-10-00 Transfer In - 99,812.47 - 99,812.47 - 99,812.47 730-5160-10-00 Health Insurance 1,859,580.00 1,859,580.00 127,607.09 127,607.09 6.86 1,731,972.91 730-5161-10-00 PCORI Fees 600.00 600.00 600.00 730-5162-10-00 HSA Expense 117,024.00 117,024.00 714.26 714.26 0.61 116,309.74 730-5165-10-00 Dental Insurance 135,665.00 135,665.00 23,192.92 23,192.92 17.10 112,472.08 730-5170-10-00 Life Insurance/AD&D 30,000.00 30,000.00 2,336.46 2,336.46 7.79 27,663.54 730-5185-10-00 Long/Short Term Disability 22,110.00 22,110.00 1,502.12 1,502.12 6.79 20,607.88 730-5480-10-00 Contract Services 68,248.00 68,248.00 1,145.85 1,145.85 1.68 67,102.15 730-5600-10-00 Special Events 15,000.00 15,000.00 15,000.00 750-4610-10-00 Interest Income - 125,000.00 - 125,000.00 - 3,303.47 - 3,303.47 2.64 - 121,696.53 750-4611-10-00 Interest-2004 Bond - 172.54 - 172.54 172.54 750-4612-10-00 Interest-2006 Bond - 266.68 - 266.68 266.68 750-4613-10-00 Interest 2008 Bond - 69.81 - 69.81 69.81 750-4616-10-00 Interest 2012 GO Bond - 91.23 - 91.23 91.23 750-4618-10-00 Interest TXDOT Contributions - 3,261.66 - 3,261.66 3,261.66 750-4995-10-00 Transfer In - 920,000.00 - 920,000.00 - 76,666.67 - 76,666.67 8.33 - 843,333.33 750-4999-10-00 Bond Proceeds - 18,535,000.00 - 18,535,000.00 - 18,535,000.00 750-5405-10-00 W Prosper Rd Land Acq Svcs 2,450.00 2,450.00 - 2,450.00 750-5405-10-00 Land Acq Svcs Prspr Trl & Coit 46,946.00 46,946.00 - 46,946.00 750-5405-10-00 Land Acq Svcs First St 14,000.00 - 14,000.00 750-5419-10-00 Town Hall-Multipurpose Facilit 4,694.84 4,694.84 15,629.46 - 20,324.30 750-5419-10-00 Prosper Trail (Kroger to Coit) 20,415.00 - 20,415.00 750-5419-10-00 First Street (DNT to Coleman) 10,150.00 10,150.00 133,461.49 - 143,611.49 750-5430-10-00 Legal Fees-Prosper Trail (K-C) 2,289.50 2,289.50 - 2,289.50 750-5430-10-00 Legal Fees-First St (DNT-Clmn) 50,387.38 50,387.38 50,387.38 750-5430-10-00 Legal Fees - Town Hall FFE 114.00 114.00 - 114.00 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 750-5430-10-00 Acacia Parkway Legal Fees 1,136.99 1,136.99 - 1,136.99 750-6160-10-00 Windsong FS Apparatus 262,981.50 - 262,981.50 750-6610-10-00 Town Hall-Multipurpose Facil. 200,000.00 200,000.00 4,351.57 4,351.57 136,899.59 2.18 58,748.84 750-6610-10-00 Decorative Monument Signs 40,077.00 40,077.00 40,077.00 750-6610-10-00 Downtown Enhancements 1,702,400.00 1,702,400.00 21,000.00 1,681,400.00 750-6610-10-00 West Prosper Rd Improvements 5,136,841.50 - 5,136,841.50 750-6610-10-00 Old Town Streets 1,000,000.00 1,000,000.00 1,000,000.00 750-6610-10-00 Town Hall Infrastructure Imprv 206,607.00 206,607.00 200,765.00 200,765.00 502,906.56 97.17 - 497,064.56 750-6610-10-00 Town Hall Construction 385,500.00 385,500.00 9,124,284.76 - 8,738,784.76 750-6610-10-00 Frontier Park North 495,090.00 495,090.00 1,118,980.23 1,118,980.23 2,404,300.79 226.02 - 3,028,191.02 750-6610-10-00 Main Street (First-Broadway) 52,640.00 52,640.00 389,427.40 - 442,067.40 750-6610-10-00 Eighth Street (Church-PISD) 260,000.00 260,000.00 260,000.00 750-6610-10-00 Field Street (First-Broadway) 250,000.00 250,000.00 250,000.00 750-6610-10-00 Parvin St (Broadway-Eighth) 126,021.00 126,021.00 9,020.00 117,001.00 750-6610-10-00 Sixth Street (Coleman-Church) 177,702.00 177,702.00 58,502.75 58,502.75 123,425.50 32.92 - 4,226.25 750-6610-10-00 Third Street (Church-Lane) 87,236.00 87,236.00 115,341.25 115,341.25 225,164.50 132.22 - 253,269.75 750-6610-10-00 Median Lights-Coit (380-First) 450,000.00 450,000.00 450,000.00 750-6610-10-00 Public Safety Complex, Ph 1 1,000,000.00 1,000,000.00 1,000,000.00 750-6610-10-00 Town Hall FFE 1,362,000.00 1,362,000.00 1,115.00 1,360,885.00 750-6610-10-00 Acacia Parkway 1,022,782.00 1,022,782.00 1,022,782.00 750-6610-10-00 Fifth St (Coleman-Church) 375,000.00 375,000.00 375,000.00 750-6610-10-00 Third St (Main-Coleman) 250,000.00 250,000.00 250,000.00 750-6610-10-00 Traffic Signal-Coit/Prosper Tr 220,000.00 220,000.00 220,000.00 750-6610-10-00 Parks and Public Works Complex 900,000.00 900,000.00 900,000.00 750-6610-10-00 Wndsng Injection Stabilization 1,630,000.00 1,630,000.00 1,630,000.00 760-4610-10-00 Interest Income - 30,000.00 - 30,000.00 - 1,502.11 - 1,502.11 5.01 - 28,497.89 760-4999-10-00 Bond Proceeds - 11,150,000.00 - 11,150,000.00 - 11,150,000.00 760-5410-10-00 Old Town Drainage Land Acq 2,050.00 2,050.00 - 2,050.00 760-5419-10-00 Prosper Trail EST 25,981.00 25,981.00 9,650.00 16,331.00 760-5419-10-00 Lower Pressure Pln 42" Trns Ln 39,286.39 - 39,286.39 760-5430-10-00 Legal Fees Old Town Drainage 1,653.82 1,653.82 - 1,653.82 760-6410-10-00 Water Supply Line Ph I Esment 19,415,000.00 19,415,000.00 19,415,000.00 760-6610-10-00 Lower Pressure Pln 42" Trns Ln 1,250,000.00 1,250,000.00 1,250,000.00 760-6610-10-00 BNSF Railroad PRV's 50,000.00 50,000.00 50,000.00 760-6610-10-00 Old Town Drainage 448,800.00 448,800.00 12,460.00 436,340.00 760-6610-10-00 Coleman Rd Drainage 279,150.00 279,150.00 3,350.00 275,800.00 760-6610-10-00 Old Town Drainage Land Acq 285,654.00 175,000.00 460,654.00 450,000.00 450,000.00 10,000.00 97.69 654.00 760-6610-10-00 Old Town Drainage Trunk Main 66,218.00 66,218.00 1,235.00 - 67,453.00 760-6610-10-00 Fishtrap Elevated Storage Tank 5,415,000.00 5,415,000.00 5,415,000.00 760-6610-10-00 Water Supply Line Phase I 9,694,479.00 9,694,479.00 9,694,479.00 760-6610-10-00 Old Town Drng-First & Main 118,985.00 118,985.00 140,000.00 140,000.00 13,820.00 117.66 - 34,835.00 760-6610-10-00 Old Town Regional Retention 200,000.00 - 175,000.00 25,000.00 25,000.00 760-6610-10-00 Old Town Drng - Fifth St Trunk 400,000.00 400,000.00 400,000.00 770-4610-10-00 Interest Income - 991.14 - 991.14 991.14 771-4610-10-00 Interest Income - 1,629.90 - 1,629.90 1,629.90 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 772-4610-10-00 Interest Income - 1,762.21 - 1,762.21 1,762.21 773-4611-98-02 Interest - 2016 CO Proceeds - 526.83 - 526.83 526.83 774-4612-98-02 Interest - 2017 CO Proceeds - 729.60 - 729.60 729.60 780-4610-10-00 Interest Income - 992.44 - 992.44 992.44 781-4610-10-00 Interest Income - 116.00 - 116.00 116.00 800-4120-65-00 Sales Taxes - 2,047,473.00 - 2,047,473.00 - 152,360.06 - 152,360.06 7.44 - 1,895,112.94 800-4610-65-00 Interest Income - 36,000.00 - 36,000.00 - 3,704.00 - 3,704.00 10.29 - 32,296.00 800-5110-65-00 Salaries & Wages 374,333.00 374,333.00 28,908.84 28,908.84 7.72 345,424.16 800-5140-65-00 Salaries - Longevity Pay 85.00 85.00 85.00 800-5141-65-00 Salary-Incentive 20,000.00 20,000.00 20,000.00 800-5142-65-00 Car Allowance 14,400.00 14,400.00 1,200.00 1,200.00 8.33 13,200.00 800-5143-65-00 Cell Phone Allowance 2,580.00 2,580.00 125.00 125.00 4.85 2,455.00 800-5145-65-00 Social Security Expense 24,044.00 24,044.00 1,778.64 1,778.64 7.40 22,265.36 800-5150-65-00 Medicare Expense 5,624.00 5,624.00 415.98 415.98 7.40 5,208.02 800-5155-65-00 SUTA Expense 513.00 513.00 513.00 800-5160-65-00 Health Insurance 25,107.00 25,107.00 1,775.96 1,775.96 7.07 23,331.04 800-5165-65-00 Dental Insurance 1,382.00 1,382.00 115.14 115.14 8.33 1,266.86 800-5170-65-00 Life Insurance/AD&D 517.00 517.00 20.26 20.26 3.92 496.74 800-5175-65-00 Liability (TML)/Workers' Comp 388.00 388.00 57.21 57.21 14.75 330.79 800-5180-65-00 TMRS Expense 54,137.00 54,137.00 4,052.66 4,052.66 7.49 50,084.34 800-5185-65-00 Long/Short Term Disability 712.00 712.00 54.93 54.93 7.72 657.07 800-5186-65-00 WELLE-Wellness Prog Reimb-Empl 600.00 600.00 600.00 800-5189-65-00 Administrative Fees 15,000.00 15,000.00 1,250.00 1,250.00 8.33 13,750.00 800-5210-65-00 Office Supplies 2,500.00 2,500.00 76.99 76.99 3.08 2,423.01 800-5212-65-00 Building Supplies 500.00 500.00 500.00 800-5220-65-00 Office Equipment 25,000.00 25,000.00 69.23 69.23 0.28 24,930.77 800-5230-65-00 Dues,Fees,& Subscriptions 30,000.00 30,000.00 64.00 64.00 0.21 29,936.00 800-5240-65-00 Postage and Delivery 1,000.00 1,000.00 1,000.00 800-5265-65-00 Promotional Expense 75,000.00 75,000.00 75,000.00 800-5280-65-00 Printing and Reproduction 15,000.00 15,000.00 291.68 291.68 1.95 14,708.32 800-5305-65-00 Chapt 380 Program Grant Exp 81,177.00 81,177.00 5,083.78 5,083.78 6.26 76,093.22 800-5310-65-00 Rental Expense 47,500.00 47,500.00 4,070.30 4,070.30 8.57 43,429.70 800-5330-65-00 Copier Expense 5,500.00 5,500.00 5,500.00 800-5340-65-00 Building Repairs 500.00 500.00 500.00 800-5410-65-00 Professional Services 70,000.00 70,000.00 340.00 340.00 19,500.00 0.49 50,160.00 800-5412-65-00 Audit Fees 1,750.00 1,750.00 2,375.00 2,375.00 135.71 - 625.00 800-5430-65-00 Legal Fees 15,000.00 15,000.00 15,000.00 800-5480-65-00 Contracted Services 12,500.00 12,500.00 12,500.00 800-5520-65-00 Telephones 4,200.00 4,200.00 21.66 21.66 0.52 4,178.34 800-5523-65-00 Water 500.00 500.00 500.00 800-5524-65-00 Gas 400.00 400.00 14.06 14.06 3.52 385.94 800-5525-65-00 Electricity 2,100.00 2,100.00 117.72 117.72 5.61 1,982.28 800-5526-65-00 Data Network 75.98 75.98 - 75.98 800-5530-65-00 Travel 20,000.00 20,000.00 2,388.98 2,388.98 11.95 17,611.02 800-5531-65-00 Prospect Mtgs/Business Meals 6,000.00 6,000.00 117.05 117.05 1.95 5,882.95 Item 5b Account Description Current Current Currrent Current Current Encumbrances Percent YTD Current Year Year Year YTD Month %Remaining Adopted Budget Amendment Amended Budget Actual Actual Budget 800-5533-65-00 Mileage Expense 500.00 500.00 30.71 30.71 6.14 469.29 800-5536-65-00 Training/Seminars 15,000.00 15,000.00 15,000.00 Item 5b To: Mayor and Town Council From: LaShon Ross, Interim HR Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute an Ordinance increasing the maximum combined rates of the Town’s normal contributions and prior service contributions to the Texas Municipal Retirement System at a rate that does not exceed 15.50%. Description of Agenda Item: Each year, the Texas Municipal Retirement System (TMRS) notifies the Town of its actuarially determined contribution rates for retirement benefits. For 2018, the rate will be 13.53%. The 2017 rate is 13.46%. The 2018 full contribution rate of 13.53% is above the Town’s “Statutory Maximum Contribution Rate” (Stat Max) of 13.50% that has been in place since 2005. The Stat Max does not limit the cost of the plan, but it does limit the maximum amount a municipality is required to contribute to the plan to fully fund its benefit options. The Town’s 2018 actuarially determined minimum contribution rate is 13.53%, which exceeds its current Stat Max. If the Town does not raise or remove its Stat Max, the following results will be experienced: •The Town will not meet its minimum contribution requirements for TMRS benefits. •Benefits may be reduced, suspended, or eliminated o Updated Service Credits o Cost-of-living adjustments •There will be no option to make additional plan improvements. •Plan erosion may occur. o Future funding challenges as the Town later tries to make-up for inadequate funding of the adopted benefit provisions o Increase in unfunded actuarial liability because the difference between projections and contributions will be considered within future forecasts o Adjusted amortization schedule (25 years) o Deterioration of the Town’s funded ratio (currently 83.5%) A comparison of TMRS “2017 City Plan Provisions” was reviewed and revealed that the Town of Prosper’s retirement benefits are substantially competitive. Plan provisions from eleven (11) cities were included (Prosper, Allen, Colleyville, Coppell, Frisco, Keller, Little Elm, McKinney, Plano, Southlake, University Park). The Town of Prosper has monitored and adjusted its plan over the years to ensure the benefit remains competitive, attractive, and financially feasible. A historical look is reflected below. Prosper is a place where everyone matters. HUMAN RESOURCES Item 5c January 2009 20-year any age retirement adopted 70% annuity increase adopted, annually repeating 100% (T) USC adopted, annually repeating January 2005 Matching ratio changed from 1:1 to 2:1 70% annuity increase adopted, annually repeating 100% USC adopted, annually repeating January 2002 5-year vesting adopted February 1992 Deposit rate changed from 5% to 7% January 1992 70% annuity increase adopted, annually repeating 100% US adopted, annually repeating January 1989 SB 505 adopted 10-year vesting adopted April 1975 20-year vesting adopted Prior Service percent Deposit rate set to 5% Matching ratio set to 1:1 Among the 882 TMRS-member cities, 511 have no Stat Max limits. Although TMRS has removed the Stat Max for its employees and encourages its member cities to do the same, discussions among Town staff and the Town Council’s Finance Subcommittee have resulted in the Town’s recommendation to maintain a Stat Max and raise it from 13.50% to 15.50%. This recommendation falls within TMRS guidelines which state “Your city can adopt an ordinance each year to pay the required contribution rate, provided that rate does not exceed the statutory maximum contribution rate plus 2.00%. If your city chooses this option, your city will be paying the actuarially determined cost for the plan of benefits adopted.” Each year, the Town will review its benefit plan; consider whether to revise plan design; and determine the appropriateness of removing the cap or continue increasing the Stat Max as needed. These steps will continue to ensure that the Town meets its fiduciary responsibilities while also reassuring employees/retirees that funds will be available when they choose to access them. A projection of valuation results received from TMRS indicates establishing a Stat Max of 15.50% should be adequate to accommodate the Town’s contribution requirements for the next several years at the current benefit levels. Calendar Year 2017 2018 2019 2020 2021 2022 2023 2024 Full Rate 13.97% 13.53% 13.56% 13.62% 13.67% 13.73% 13.78% 13.83% Estimated Contribution 1,312,103 1,308,900 1,351,157 1,397,849 1,445,070 1,494,955 1,545,412 1,597,550 Funded Ratio 83.5% 85.6% 87.1% 88.3% 89.4% 90.3% 91.1% 91.8% Budget Impact: Based on the contribution rate of 13.53%, the Town is projected to contribute $1,308,900 to the fund in 2018. Future contribution amounts are reflected within the preceding table. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached Ordinance. Attached Documents: 1. TMRS notice of “2018 Municipal Contribution Rate” letter (dated 6/1/17) 2. TMRS “Projection of Valuation Results – Pension Only” 3. TMRS “Plan Change Study” (Illustrates plan option changes to be considered if the Town chooses to maintain the current Stat Max.) 4. TMRS “City Plan Provisions 2017” 5. Ordinance Item 5c Town Staff Recommendation: Staff recommends that the Town Council adopt an Ordinance increasing the maximum combined rates of the Town’s normal contributions and prior service contributions to the Texas Municipal Retirement System at a rate that does not exceed 15.50%. Proposed Motion: I move to adopt an Ordinance increasing the maximum combined rates of the Town’s normal contributions and prior service contributions to the Texas Municipal Retirement System at a rate that does not exceed 15.50%. Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c Item 5c TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, INCREASING THE MAXIMUM COMBINED RATES OF THE TOWN’S NORMAL CONTRIBUTIONS AND PRIOR SERVICE CONTRIBUTIONS TO THE TEXAS MUNICIPAL RETIREMENT SYSTEM, PURSUANT TO SECTION 855.501 OF THE TEXAS GOVERNMENT CODE, AS AMENDED; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council has determined that its contributions to the Texas Municipal Retirement System should be amended by increasing the maximum combined rates of the Town’s normal contributions and prior service contributions to the Texas Municipal Retirement System, as set forth herein; and WHEREAS, the Town Council has further determined that the aforementioned amendments will benefit and enhance employee retention with the Town, and will be in the best interests of the Town and its employees. 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 From and after the effective date of this Ordinance, pursuant to the provisions of Section 855.501(j) of Subtitle G of Title 8 of the Texas Government Code, as amended, the Town of Prosper agrees to be liable for the combined normal contribution rate and prior service contribution rate for the Town’s participation in the Texas Municipal Retirement System (the “System”), as those rates are approved by the System’s Board of Trustees from time to time under the provisions of the Texas Municipal Retirement System Act, provided that the combined rate does not exceed 15.50%. SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town 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. Item 5c SECTION 5 This Ordinance shall become effective and be in full force effective January 1, 2018, as provided by the Revised Civil Statues of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF DECEMBER, 2017. APPROVED: ________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 5c Page 1 of 1 To: Mayor and Town Council From: Alex Glushko, AICP, Planning Manager Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 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 are the Site Plans that were acted on by the Planning & Zoning Commission at their December 5, 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 Pinnacle Montessori 2.Site Plan for Silo Park Attachment Summary: Project Name Type Location Building Size Existing/ Proposed Uses Known Tenant(s) Pinnacle Montessori Site Plan South side of future Richland Boulevard, 1,400± feet east of Coit Road 10,970 square feet Child Day Care Center Pinnacle Montessori Silo Park Site Plan Northeast corner of Broadway Street and McKinley Street 1,500 square feet Food Truck Park Silo Park 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 5d Item 5d ////// /// /// /// /// /// /// /// /// /// /// /// /// /// // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /// /// / / / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / /// // / // / // / // / // / // / // / // / // / // / // / // / // / / / / / / / / / / /// /// /// /// /// /// /// /// /// /// /// /// /// ////// ////////////////////////////////////////////////////////////////// / / / / / / / / / / / / /// /// /// /// /// /// /// /// /// /// /// /////////////////////////////////////////////////////////////// WEST 5TH S T R E E T (EXISTING S T R E E T ) ASPHALT S U R F A C E MC K I N L E Y S T R E E T (E X I S T I N G S T R E E T ) AS P H A L T SU R F A C E W BRO A D W A Y S T R E E T (EXISTI N G S T R E E T ) CONCR E T E A N D A S P H A L T SURFA C E / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 6 5 5 6 5 6 65 5 65 4 65 5 65 6 657 6 5 8 65 4 65 5 65 6 6 5 7 65 8 6 5 4 65 5 655 655 656 656 6 5 8 658 CR O C K E T T S T R E E T NO S U R F A C E 30 ' R . O . W . VO L . 1 1 6 , P G . 1 6 2 P. R . C . C . T . CIRS 1/2" IRF 1/2" IRF 1/2" IRF TBM #1 MAG NAIL SET Z= 654.99' TBM #2 MAG NAIL SET Z= 657.70' TBM #3 MAG NAIL SET Z= 654.44' SSMH-RIM= 658.5' FL-8"PVC=650.7' (SE) FL-8"PVC=650.6' (S) SSMH-RIM= 658.2' FL-8"PVC=650.3' (N) FL-8"PVC=650.2' (E) FL-8"PVC=650.0' (W) SSMH-RIM= 654.7' (FLOODED) SSMH-RIM= 659.3' FL-2"PVC=656.7' (S) FL-4"PVC=655.3' (N) FL-4"PVC=653.3' (NW) FL-6"CLAY=653.1' (E) SSMH-RIM= 658.5' FL-8"PVC=651.3' (N) FL-8"PVC=650.4' (S) FL-8"PVC=650.3' (W) SSMH-RIM= 655.4' FL-12"PVC=644.1' (S) FL-12"PVC=644.0' (N) ////// /// /// /// /// /// /// /// /// /// /// /// /// /// // / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /// /// / / / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / // / /// // / // / // / // / // / // / // / // / // / // / // / // / // / / / / / / / / / / /// /// /// /// /// /// /// /// /// /// /// /// /// ////// ////////////////////////////////////////////////////////////////// / / / / / / / / / / / / /// /// /// /// /// /// /// /// /// /// /// /////////////////////////////////////////////////////////////// WEST 5TH S T R E E T (EXISTING S T R E E T ) ASPHALT S U R F A C E MC K I N L E Y S T R E E T (E X I S T I N G S T R E E T ) AS P H A L T SU R F A C E W BRO A D W A Y S T R E E T (EXISTI N G S T R E E T ) CONCR E T E A N D A S P H A L T SURFA C E / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 6 5 5 6 5 6 65 5 65 4 65 5 65 6 657 6 5 8 65 4 65 5 65 6 6 5 7 65 8 6 5 4 65 5 655 655 656 656 6 5 8 658 CR O C K E T T S T R E E T NO S U R F A C E 30 ' R . O . W . VO L . 1 1 6 , P G . 1 6 2 P. R . C . C . T . CIRS 1/2" IRF 1/2" IRF 1/2" IRF TBM #1 MAG NAIL SET Z= 654.99' TBM #2 MAG NAIL SET Z= 657.70' TBM #3 MAG NAIL SET Z= 654.44' SSMH-RIM= 658.5' FL-8"PVC=650.7' (SE) FL-8"PVC=650.6' (S) SSMH-RIM= 658.2' FL-8"PVC=650.3' (N) FL-8"PVC=650.2' (E) FL-8"PVC=650.0' (W) SSMH-RIM= 654.7' (FLOODED) SSMH-RIM= 659.3' FL-2"PVC=656.7' (S) FL-4"PVC=655.3' (N) FL-4"PVC=653.3' (NW) FL-6"CLAY=653.1' (E) SSMH-RIM= 658.5' FL-8"PVC=651.3' (N) FL-8"PVC=650.4' (S) FL-8"PVC=650.3' (W) SSMH-RIM= 655.4' FL-12"PVC=644.1' (S) FL-12"PVC=644.0' (N) PROSPER CO-OP GIN ASSOCIATION VOL. 853, PG. 336 D.R.C.C.T. 2.45 ACRES (106,897 SF) EXISTING ZONING: DOWNTOWN RETAIL PROPOSED ZONING: PD ±1 8 . 2 ' 21 ' ±2 3 . 1 ' ±2 3 . 4 ' ±21.2' ±20.3' 30' R.O.W. MITCHELL'S ADDITION VOL. 107, PG. 588 D.R.C.C.T. PART OF BLOCK 1 WATCH MANAGEMENT LLP CC#20071114001544900 O.P.R.C.T. COLLIN COUNTY SCHOOL LAND #12 VOL. 108, PG. 430 D.R.C.C.T. BLOCK 7, TRACT 89 RAY & SHARON LOVELESS CC#2000-0128544 D.R.C.C.T. BRYANTS #01 ADDITION VOL. 116, PG. 162 D.R.C.C.T. LOTS 1-4, BLOCK 1 EVANGELINA G. SANMINGUEL CC#20080218000188910 O.P.R.C.T. BRYANTS #01 ADDITION VOL. 116, PG. 162 D.R.C.C.T. LOTS 21-23, BLOCK 1 DAN CHRISTIE CC#2003-0215743 O.P.R.C.T. BRYANTS #01 ADDITION VOL. 116, PG. 162 D.R.C.C.T. LOTS 1 & 2, BLOCK 3 BILL REYNOLDS VOL. 1906, PG. 153 D.P.R.C.T. LOT 2 MATTHEW S. SAVOY CC#97-0012003 D.R.C.C.T. LOT 1 MATTHEW S. SAVOY CC#97-0012003 D.R.C.C.T. PRECISION ADDITION CAB. 1, SLIDE 132 D.R.C.C.T. RAILROAD PROSPER ADDITION VOL. 108, PG. 540 D.R.C.C.T. BLOCKS 28 & 29 ASSOCIATED GRAIN PRODUCERS, L.L.C. CC#2000-0043786 D.P.R.C.T. LOT 1A, BLOCK 27 SARAH NELL MORRIS TEMPLIN VOL. 5132, PG. 4351 D.R.C.C.T. RAILROAD PROSPER ADDITION VOL. 108, PG. 540 D.R.C.C.T. LOT 1F, BLOCK 27 TRACT 1 BRANDON & JAN VAN VOLKENBURGH CC#20060118000072230 O.P.R.C.C.T. LOT 1C, BLOCK 27 SARAH NELL MORRIS TEMPLIN CC#2006011800072230 O.P.R.C.C.T. LAND USE: VACANT ZONING: DOWNTOWN COMMERCIAL LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: DOWNTOWN OFFICE LAND USE: SINGLE FAMILY RESIDENTIAL ZONING: SINGLE FAMILY LAND USE: VACANT ZONING: COMMERCIAL LAND USE: ENTOURAGE MOTORS ZONING: DOWNTOWN RETAIL LAND USE: WAREHOUSE ZONING: DOWNTOWN COMMERCIAL LAND USE: STORAGE SILO ZONING: DOWNTOWN COMMERCIAL LAND USE: WAREHOUSE ZONING: DOWNTOWN COMMERCIAL LAND USE: AUTO REPAIR ZONING: DOWNTOWN COMMERCIAL LAND USE: DESIGNER ROOFING ZONING: DOWNTOWN COMMERCIAL LAND USE: DESIGNER ROOFING ZONING: DOWNTOWN COMMERCIAL 10 0 ' R. O . W . 50' R.O.W. 50 ' R. O . W . N78°36' 5 3 " W 375.19' N1 1 ° 2 5 ' 4 7 " E 29 9 . 8 5 ' S82°35'57"E 311.49' S0 ° 0 5 ' 1 8 " W 32 7 . 8 5 ' ±373' TO S. MAIN ST. ±371' TO S. MAIN ST. ±1 0 2 4 . 3 ' T O W . F I R S T S T . 3 0 ' 50' 2 0 ' PROP. BAR 1,500 SF FFE = 658.10 PATIO 1,000 SF 20 ' 20' STAGE A=400 SF 50' 25 ' KID AREA A=1,250 SF FOOD TRUCK PARKING 18' 25 ' 276.7' ±406.8' TO S. MAIN ST. 25' BUILDI N G LINE 25 ' BU I L D I N G LI N E OPEN SPACE OPEN SPACE 18 ' 29.8' 58 . 4 ' 30 ' 65.4' 53 . 9 ' 227.9' 9' TYP. PROP. FENCE PROP. FENCE 24' PROP. FENCE PROP. FENCE 5' R . O . W . DE D I C A T I O N 5' R.O. W . DEDICA T I O N 20 ' R . O . W . DE D I C A T I O N 13 6 . 5 9 ' 24 ' 17 4 . 7 7 ' CURB STOP (TYP) HANDICAP SIGN 20 ' 24 ' 20 ' 24 ' 20' 24' 20' R 1 5 ' R15' R30' R 3 0 ' R15' R 1 5 ' R15 ' R1 5 ' 1 3 ' 15' 4 5 ° R 1 5 ' R15' 9' TYP. 24' 19' 39.8 2 ' 12'18'5' 5'x5' CLIP SPROP. 1" DOMESTIC METER PROP. 1" IRRIG. METER PROP. 6" SEWER LINE 9'9'9' EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED EX. TREE TO BE REMOVED THESE PARKING LINES ARE SHOWN FOR CLARITY ONLY AND TO SHOW THE NUMBER OF PARKINGS PROVIDED. THERE ARE NO PARKING LINES ON FLEX BASE SURFACE (TYP). 6' TALL WOOD TRASH ENCLOSURE W/ WOOD GATES DA T E No . RE V I S I O N BY DATE: SHEET File No. 2017-134 CHECKED: JEV/MBT DRAWN:JEV/MBT DESIGN: SI L O P A R K PR O S P E R C O - O P G I N A S S O C I A T I O N VO L . 8 5 3 , P G . 3 3 6 D. R . C . C . 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 PL O T T E D B Y : DR E W D O N O S K Y PL O T D A T E : 1 2 / 1 / 2 0 1 7 6 : 5 9 A M LO C A T I O N : Z : \ P R O J E C T S \ P R O J E C T S \ 2 0 1 7 - 1 3 4 B R O A D W A Y F O O D T R U C K P A R K \ C A D D \ S H E E T S \ S P - 1 S I T E P L A N . D W G LA S T S A V E D : 1 2 / 1 / 2 0 1 7 6 : 5 5 A M TEXAS REGISTRATION #14199 MAM 12/01/ 2 0 1 7 11/30/2017 SI T E P L A N SP-1 COUNTY SURVEY:ABSTRACT NO. COLLIN COLLIN COUNTY SCHOOL LAND SURVEY 147 CITY:STATE: TOWN OF PROSPER TEXAS LEGAL DESCRIPTION: DEVELOPER: APPLICANT: CLAYMOORE ENGINEERING, INC. 1903 CENTRAL DRIVE, SUITE #406 BEDFORD, TX 76021 PH: 817.281.0572 SURVEYOR: EAGLE SURVEYING, LLC 210 SOUTH ELM STREET DENTON, TX 76201 PH: 940.222.3009 SILO PARK LLC 1061 N. COLEMAN, SUITE 90 PROSPER, TEXAS 750578 PH: 214.725.1104 PROSPER CO-OP GIN ASSOCIATION VOL. 853, PG. 336 D.R.C.C.T. SILO PARK CONTACT NAME: DOUG WALKER CONTACT NAME: MATT MOORE CONTACT NAME: LARRY SPRADLING SITE PLAN CASE #: D17-0068 0 GRAPHIC SCALE 1 inch = ft. 30 30 60 30 15 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" (UNSHADED) AND IS NOT WITHIN A SPECIAL FLOOD HAZARD AREA. FLOODPLAIN NOTE BENCHMARK NOTES: 1. THE BEARINGS SHOWN ON THIS SURVEY WERE DERIVED FROM WESTERN DATA SYSTEMS RTK NETWORK AND ARE REFERENCED TO THE TEXAS COORDINATE SYSTEM OF 1983, NORTH CENTRAL ZONE (4202) AND ARE BASED O THE AMERICAN DATUM OF 1983, 2011 ADJUSTMENT 2. ELEVATIONS ARE BASED ON NAVD88, REFERENCED TO NAD83, 2011 ADJUSTMENT AND WERE DERIVED FROM WESTERN DATA SYSTEMS RTK NETWORK *NO 100-YEAR FLOODPLAIN EXISTS ON THE SITE* N N.T.S. VICINITY MAP SITE E 1ST ST N P R E S T O N R D E BROADWAY ST S C O L E M A N S T S C R A I G R D MC K I N L E Y S T E PROSPER TRAIL LEGEND PROPOSED FLEXBASE PROPOSED DECOMPOSED GRANITE 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. FEMA LOMR: THIS SITE HAS BEEN DESIGNED PER FEMA LOMR EFFECTIVE JANUARY 18, 2018 Item 5d Page 1 of 2 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 2017 Agenda Item: Consider the Special Purpose District Committee’s recommendation to call an election to create two special purpose districts: Crime Control and Prevention District and a Fire Control, Prevention, and Emergency Medical Services District with those districts funded by the elimination of the 0.50% sales and use tax property tax relief; reallocate such sales and use tax by 0.25% to each specified district; and the current special purpose district committee members be appointed as the temporary board. Description of Agenda Item: Over the last month, Town staff have met with the Committee and presented the history of the creation of the 0.50% sales tax use for property tax relief, comparison with various of surrounding communities in the Collin and Denton County area, the various Special Purpose District’s offered within the Local Government Code, and the current structure along with projected sales tax revenue for the Town’s and EDC’s sales tax uses. A consultant provided an analysis of estimates of annual sales taxes that may be collected in Prosper, along with the demographics of consumers. Based on the consultant’s research, an estimated 36.3% of taxable sales in the Town were made by Prosper residents and non-residents made 63.7%. The Committee members were presented the following types of districts with the operations of the various areas, the pros and cons for such district, and ballot language for each. Crime Control and Prevention District Fire Control, Prevention, and Emergency Medical Services (EMS) District Library Sales and Use Tax District Street Maintenance Sales and Use Tax District Type B Economic Development Sales and Use Tax District Sports and Community Venue Sales and Use Tax District After review, the Committee members voted unanimously to recommend to Council to call for an election in order to eliminate the current 0.50% sales and use tax used for property tax relief and establish Crime and Fire Districts to be supported each with a 0.25% dedicated sales and use tax revenue stream. In order to establish such districts, the local government code requires that the governing body shall appoint seven persons to serve as temporary directors of the district. The temporary board must elect one of its members as presiding officer, and the board may call and hold a confirmation election only after the board adopts a service plan and a budget plan for the district. Such plans outlined within the code require a two-year plan identifying strategies to be supported by the Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 7 Page 2 of 2 district and a method of evaluating each year the effectiveness and efficiency of such strategies. A two-year budget plan is also required and must include the following: • Amount of funds to be budgeted to each district • Amount of expenditures to be budgeted for each district along with identifying the percentage of the total budget for administration • Subsequent year money available to the district from all sources • Account balances expected at the end of the years for which the budget is prepared • Estimated tax rate that will be required to support the budget A timeline of the required milestones the temporary board must complete is attached. A call for an election must be done on or before February 13, along with various notices outlined in the timeline. An election called for this purpose would be held on May 5, 2018. The Town staff will be bringing this item back to Council, January 9, 2018, to take formal action to propose the creation of such special purpose districts and appoint a seven member temporary board as required by the Texas Local Government Code Title 11, Chapter 344 of the Fire Control, Prevention, and Emergency Medical Services District and Chapter 363 of the Crime Control and Prevention District. Budget Impact: The creation of such district will shift the 0.50% of collected sales and use tax revenue from the General Fund to a Special Revenue Fund to support the budget plan approved by the temporary board with a successful election. Based on proposed budget projections for the current fiscal year budget, the projections are $2,055,278. Legal Obligations and Review: Jeff Moore of Brown & Hofmeister, L.L.P., has reviewed the requirements outlined in the Texas Local Government Code as well as the ballot language as to form and legality. Attached Documents: 1. Texas Comptroller Local Sales Tax Options flyer 2. Timeline for Temporary Board milestones Town Staff Recommendation: No action is required at this time as this is for informational purposes only. Based on the direction of the Committee, a formal action item will be brought forward to the Town Council for consideration at the January 9, 2018, Town Council meeting. Item 7 JANUARY 2016 1 Glenn Hegar Texas Comptroller of Public Accounts The Comptroller’s online sales tax rate tool locates all sales tax rates in effect for any Texas address. FOR MORE INFORMATION, VISIT OUR WEBSITE www.TexasAhead.org RECEIVE ECONOMIC DEVELOPMENT TAX HELP BY EMAIL AT econ.dev@cpa.texas.gov - - - This publication is intended as a general guide and not as a comprehensive resource on the subjects covered. It is not a substitute for legal advice. LOCAL SALES TAX OPTIONS A city, county or special purpose district may adopt a sales tax provided the combined rate of all local sales taxes would not exceed 2 percent at any location within its territorial limits. All local sales taxes require voter approval. SALES TAX OPTIONS FOR CITIES SALES AND USE TAX (Increments of 0.125 percent) – Most cities in Texas have this form of sales tax. It may be imposed by any incorporated city. Revenues are deposited into the city’s general revenue fund and may be used for any lawful purpose. (Tax Code, Chap. 321.) SALES TAX FOR ECONOMIC DEVELOPMENT* (Increments of 0.125 percent) – Two options are available for a city to adopt this tax: • Type A – This form of tax may be imposed by most incorporated cities. (There are exceptions in certain counties with mass transit systems). Revenues must be turned over to a development corporation formed to act on behalf of the city to carry out programs related to industrial development, business infrastruc ture and the promotion of new and expanded busi ness enterprises that create or retain primary jobs. • Type B – This form of tax may be imposed by any incorporated city. Revenues must be turned over to a development corporation formed to act on behalf of the city to carry out programs related to a wide variety of projects including business development and public parks. For more detailed information, see the Comptroller’s Economic Development Sales Tax brochure (PDF). (Loc. Govt. Code, Chap. 501-505.) STREET MAINTENANCE SALES TAX (Increments of 0.125 percent) – All cities are authorized to hold an election to adopt a sales tax to repair and maintain existing city streets. The tax expires after four years unless a new election is held to reauthorize the tax. The revenue from this tax may be used only to maintain and repair existing city streets and sidewalks. For more detailed information, see the Comptroller’s Street Maintenance Sales Tax brochure (PDF). (Tax Code, Chap. 327.) MUNICIPAL DEVELOPMENT CORPORATION* (0.125, 0.25, 0.375 or 0.5 percent) – A city may create a municipal development corporation to undertake projects that provide job training, early childhood education, after-school programs, schol arships, literacy promotion and other projects. * This tax is actually imposed by a board, district or authority created by and for the benefit of a city or county. Item 7 22 FOR MORE INFORMATION, VISIT OUR WEBSITE www.TexasAhead.org RECEIVE ECONOMIC DEVELOPMENT TAX HELP BY EMAIL AT econ.dev@cpa.texas.gov LOCAL SALe S TA x OPTIONS - - - - Voters in the city may authorize adoption of a sales tax to fund activities of the corporation. ( Loc. Govt. Code, Chap. 379A.) MUNICIPAL DEVELOPMENT DISTRICT* (0.125, 0.25, 0.375 or 0.5 percent) – Cities may hold an election in all or part of a city, including the extraterritorial jurisdiction, to create a municipal development district and adopt a sales tax to fund the district. The district may undertake a variety of projects including a convention center, civic cen ter, auditorium and other projects eligible for Type B Corporations under Chapter 505 of the Local Government Code. ( - Loc. Govt. Code, Chap. 377.) FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES (EMS) DISTRICTS* (0.125, 0.25, 0.375 or 0.5 percent) – Cities with a population between 25,000 and 550,000 or more than 1.9 million may create an EMS district. The district may include all or any part of a city. The district may finance the operation of a fire control, prevention and EMS program. (Loc. Govt. Code, Chap. 344, and Tax Code, Sect. 321.106.) MUNICIPAL SALES TAX FOR PROPERTY TAX RELIEF (Increments of 0.125 percent) – This “additional sales tax” may be imposed by most incorporated cities (there are exceptions in certain counties with rapid transit systems). Revenues are deposited into a city’s general revenue fund. Cities adopting this form of local sales tax must reduce the effective and rollback property tax rates within the city. For more detailed information, see the Comptroller’s Using Sales Tax To Reduce The Property Tax Rate brochure (PDF). (Tax Code, Chap. 321.) Local sales tax rates may not exceed a combined 2 percent. SALES TAX OPTIONS FOR CITIES & COUNTIES CRIME CONTROL AND PREVENTION DISTRICT* (Increments of 0.125 percent up to 0.5 percent maximum rate) — This sales tax may be imposed by a city located in a county with a population of more than 5,000 or by a county with a population of more than 130,000. The governing body in a municipality or commissioners court may specify the number of years (5, 10, 15 or 20) the district would be continued. Revenues from the sales tax may be used to finance a wide variety of crime control and prevention programs. (Loc. Govt. Code, Chap. 363, and Tax Code, Sec. 323.105.) VENUE TAX “STADIUM BILL” (Increments of 0.125 percent) — This sales tax is one of several revenue options available to a city or county to fund sports and community “venue” proj ects. Multiple cities and counties in any combina tion may join to form a venue district under Chapter 335, Local Government Code, as well. Some exam ples of a “venue” are a stadium, convention center, park or economic development-type facility. (The rate for a county imposing the tax is capped at one-half of one percent.) For more detailed information, see the Comptroller’s Sports and Community Venue Tax bro chure (PDF). (Loc. Gov. Code, Chap. 334 and 335.) METROPOLITAN AND RAPID TRANSIT AUTHORITIES/MUNICIPAL TRANSIT DEPARTMENTS* (0.25, 0.5, 0.75 or 1 percent) – In certain instances, authorities may be created to levy a sales tax to provide transportation services in participating cities. These are not offered statewide to all cities and are Item 7 3 FOR MORE INFORMATION, VISIT OUR WEBSITE www.TexasAhead.org RECEIVE ECONOMIC DEVELOPMENT TAX HELP BY EMAIL AT econ.dev@cpa.texas.gov LOCAL S ALeS TA x OPTIONS generally found in metropolitan areas. Cities may opt to join and, in some cases, withdraw from an authority with voter approval. The tax rate is gener ally implemented in 0.25-percent increments under - Transportation Code, Sect. 453.401. (Tax Code, Chap. 322 and Transportation Code, Chap. 451, 452, and 453.) SALES TAX OPTIONS FOR COUNTIES COUNTY SALES TAX FOR PROPERTY TAX RELIEF (0.5 or 1 percent) – This sales tax may be imposed by most by most counties also imposing an ad valorem tax. Revenues are deposited into a coun ty’s general revenue fund. The rate is 0.5 percent, except in counties with no territory within the limits of a municipality where the rate is 1 percent. Hospital districts also may impose this sales tax, but at different rates. - For more detailed information, see the Comptroller’s Using Sales Tax To Reduce The Property Tax Rate brochure (PDF). (Tax Code, Chap. 323.) COUNTY ASSISTANCE DISTRICT* (Increments of 0.125 percent) – Counties may hold an election in all or part of the county, to create one or more county assistance districts and adopt a sales tax to fund the districts. A district may under take a variety of projects including roads or high ways; provision of law enforcement and detention services; the maintenance or improvement of librar ies, museums, parks or other recreational facilities; or other services that benefit the public welfare. - - - For more detailed information, see the Comptroller’s County Assistance District Sales Tax brochure (PDF). (Loc. Govt. Code, Chap. 387.) EMERGENCY SERVICES DISTRICT (ESD)* (Increments of 0.125 percent) – Counties may hold an election in all or part of the county, to create one or more emergency services districts and adopt a sales tax to fund the districts. Funds may be used to hire emergency personnel, contract with other entities to provide emergency services, and/ or purchase equipment and facilities. (Health and Safety Code, Chapters 775.) * This tax is actually imposed by a board, district or authority created by and for the benefit of a city or count y. Sales taxes paid on purchases this month are generally remitted to the Comptroller next month and allocated to local taxing entities the following month. Item 7 Glenn Hegar Texas Comptroller of Public Accounts This publication is intended as a general guide and not as a comprehensive resource on the subjects covered. It is not a substitute for legal advice. WE’RE HERE TO HELP! If you have questions or need information, contact us: For more information, visit our website www.TexasAhead.org Receive economic development tax help by email at econ.dev@cpa.texas.gov Texas Comptroller of Public Accounts 111 East 17th Street Austin, Texas 78711-1440 Sign up to receive email updates on the Comptroller topics of your choice at comptroller.texas.gov/subscribe. The Texas Comptroller of Public Accounts is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age or disability in employment or in the provision of any services, programs or activities. In compliance with the Americans with Disabilities Act, this document may be requested in alternative formats by calling the appropriate toll-free number listed or by sending a fax to 512-475-0900. 1-800-252-5555 911 Emergency Service/ Equalization Surcharge Automotive Oil Fee Battery Fee Boat and Boat Motor Sales Tax Customs Broker Fireworks Tax Mixed Beverage Taxes Off-Road, Heavy-Duty Diesel Equipment Surcharge Oyster Fee Sales and Use Taxes 1-800-531-5441 Cement Tax Inheritance Tax Local Revenue Miscellaneous Gross Receipts Taxes Oil Well Servicing Tax Sulphur Tax 1-800-531-5441, ext. 3-3630 WebFile Help 1-800-252-1381 Bank Franchise Franchise Tax 1-800-252-7875 Spanish 1-800-531-1441 Fax on Demand (Most frequently requested Sales and Franchise tax forms) 1-800-252-1382 Clean Vehicle Incentive Program Manufactured Housing Tax Motor Vehicle Sales Surcharge, Rental and Seller Financed Sales Tax Motor Vehicle Registration Surcharge 1-800-252-1383 Fuels Tax IFTA LG Decals Petroleum Products Delivery Fee School Fund Benefit Fee 1-800-252-1384 Coastal Protection Crude Oil Production Tax Natural Gas Production Tax 1-800-252-1387 Insurance Tax 1-800-252-1385 Coin-Operated Machines Tax Hotel Occupancy Tax 1-800-252-1386 Account Status Officer and Director Information 1-800-862-2260 Cigarette and Tobacco 1-888-4-FILING (1-888-434-5464) TELEFILE: To File by Phone 1-800-252-1389 GETPUB: To Order Forms and Publications 1-800-654-FIND (1-800-654-3463) Treasury Find 1-800-321-2274 Unclaimed Property Claimants Unclaimed Property Holders Unclaimed Property Name Searches 512-463-3120 in Austin 1-877-44RATE4 (1-877-447-2834) Interest Rate Publication 96-1708 • Revised January 2016 Item 7 Fire and Crime Prevention Special Purpose District TIMELINE AND DEADLINES January 9 APPOINTMENT OF A SEVEN MEMBER TEMPORARY BOARD • No later than the 60th day after the day the governing body proposes to create a district under this chapter, the governing body shall appoint seven persons to serve as temporary directors of the district. January –February TEMPORARY BOARD MEETING HELD TO ORGANIZE THE BOARD • Not later than the 75th day after the date the governing body proposes to create the district, the temporary board shall conduct a meeting to organize the board. • Elect presiding officer of the board. – January 15th meeting January 16 PRESENT TEMPORARY BOARD BUDGET PLANS • Confirmation election after the board adopts a plans • Two-year plan • Detailed list of strategies to be supported by the district • Method of evaluating effectiveness and efficiency of strategies each year • Including budget plan o Two-year plan o Amount of money budgeted by the district for the strategies o Amount of money budgeted for total district and percentage of budget for administration o Estimated amount of money available from all sources during subsequent year o Account balances expected at the end of the years of which budget is prepared o Estimated tax rate that will be required to support the budget January 22 TEMPORARY BOARD ADOPT BUDGET PLANS January 22 CREATE PROPOSITION LANGUAGE • Ballot for an election shall be printed to permit voting for or against the proposition. • The Town Council, by resolution, shall appoint the Town Council as the permanent board of directors of the district, if the appointment is approved by the voters in a creation election, that the wording would also need to be part of the election ballot language. Item 7 ON OR BEFORE February 13 CALL AN ELECTION • After plans are adopted • Election order must include: • Nature of the election, including proposition that is to appear on the ballot • Date of the election • Hours during which polls will be open • Location of polling places • Summary of the proposed district’s budget plan • Proposed rate of the sales and use tax for the district (1/8, 1/4, 3/8 or 1/2 of one percent) ON OR PRIOR TO FEBRUARY 13 PUBLISH FIRST NOTICE OF ELECTION, AND AGAIN ONE WEEK LATER • In addition to election code requirements (Section 4.003 ( c) • Temporary board shall publish a substantial copy of the election order in a newspaper with general circulation in the proposed district once a week for two consecutive weeks. The first publication must appear before the 35th day before the date set for the election. May 5, 2018 ELECTION HELD • Election shall be held on the next uniform election date authorized by Section 41.001 (a), Election code after the date on which the election is ordered that affords sufficient time for election procedures to be carried out. May 7-May 18 CANVASS RETURNS • Not earlier than the second day and not later than the 13th day after the date of the election, the temporary board shall meet and canvass the returns of the election. AT MEETING TO CANVASS RETURNS ISSUE AN ORDER DECLARING THE DISTRICT CREATED OR May 5, 2018 or later ORDER ANOTHER ELECTION ON THE MATTER • Not earlier than the first anniversary of the date of the preceding election Item 7 TBD DISSOLUTION OF TEMPARY BOARD • If District has not been created by the 5th anniversary of the date the governing body first proposed the district, the temporary board is dissolved on that date and the proposed district may not be created. BUDGET ADOPTION PROCEDURES: • Plans under this section must be adopted in the same manner as provided for adoption of the proposed annual budget under section 344.204 unless the board holds at least one public hearing on alternative procedures before adopting alternative procedures. o 344.204 rules include the following:  Not later than 100th day before the date each fiscal year begins, the board shall hold a public hearing to consider the plan.  Publish notice of public hearing in a newspaper with general circulation in the district not later than the 10th day before the date of the hearing.  Not later than the 80th day before the date of the fiscal year begins, the board shall adopt a budget.  Not later than the 10th day after the date the budget is adopted, the board shall submit the budget to the Town Council. Item 7 Page 1 of 3 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 2017 Agenda Item: Consider and act upon amending Ordinance No. 16-55 (FY 2016-2017 Budget). Description of Agenda Item: The proposed ordinance is amending final department balances for the FY 2016-2017 Budget. TIRZ #1 The TIRZ #1 fund includes all identified revenue outlined in the development and financing agreement with the Town and Blue Star Land, LP. The TIRZ fund received several various sources of identified revenue that was reimbursed back to the developer totaling $1,176,007 based on the agreement between such parties. At the time the FY 2016-2017 budget was adopted, no such activity was projected in the TIRZ #1 fund. TIRZ #2 The TIRZ #2 fund includes all identified revenue outlined in the development and financing agreement with the Town and MSW Prosper 380, LP. The TIRZ fund received several various sources of identified revenue that was reimbursed back to the developer totaling $153,629 based on the agreement between such parties. At the time the FY 2016-2017 budget was adopted, no such activity was projected in the TIRZ #2 fund. Special Revenue Funds: The Special Revenue Funds include specific revenue sources that are legally restricted for specific purposes. For example, grants and escrow funds. The Escrow Fund includes payment from developers held in escrow for development. A budget amendment is requested to increase transfers into the Water/Sewer CIP fund to offset the transfers out from the Special Revenue fund for $466,194 for the Westside Utilities project from TVG developer, $466,194 Water and Sewer Fund: The Water and Sewer fund is an enterprise fund ran like a business by charging fees for providing services to the citizens for water and sewer needs. Due to the volume of water consumption and sewer management fees, the actual water and sewer revenue was $104,282 and $351,151, respectively, in excess of budgeted revenue. In Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 8 Page 2 of 3 relation to the expenditures for the purchase of water and sewer management fees, we are only requesting a budget amendment to increase the budgeted expenditures from excess revenue by $186,020 in the Water-Sewer Fund. (Water purchases $53,802 and sewer management fees $132,218) VERF: The VERF fund includes expenditures associated with the replacement of vehicles and/or IT equipment. During the year, three departments exceeded their capital expenditures budget in the VERF. Police and Inspections had two Toughbook’s $2,954 and IPad $295, respectively, needing to be replaced before their replacement schedule due to unforeseen technical problems. A Parks Operations vehicle was over budget due to installation of lettering identifying the vehicle as a Town vehicle for $218. Signage in the future on vehicle replacements will be included in department budgets. The offset for the overages is coming from the auction proceeds received. True up allocations to the VERF reflects auction proceeds as well as historical costs. Storm Drainage Fund: The Storm Drainage fund is an enterprise fund ran like a business by charging fees for providing services to the citizens for stormwater drainage needs. The Storm Drainage fund transfer out to Water/Sewer Capital Projects Fund relates to the Hawk Ridge drainage project budgeted in FY 2015 but funds did not transfer out for the project until FY 2017 when the expenditure for such project was incurred. This budget amendment request is to re-establish the transfer out of the Storm Drainage fund to fund such project on a cash basis. Interest earnings exceeded the projected budgeted revenue so the net effect of the requested budget amendment is $22,582. Park Improvement Fund: The Park Improvement Fund collects developer fees used specifically for improvements to the Town’s parks. The Park Improvement Fund collected $262,500 from TVG on 7/10/2014 for future park improvements. These funds should have been reflected in the Escrow Fund to offset the refunded payment to TVG on 1/26/2016. This budget amendment and entry is to clean up prior year entries, by transferring the funds to the Escrow fund. West Thoroughfare Impact Fees Fund: The impact fees fund is established to ensure funding is provided for major capital projects needed due to development. West Thoroughfare Fund accounts for roadway capital improvement projects shown on the Town’s adopted Thoroughfare plan West of Preston Road. As noted on the monthly financial report, the revenue received for West Thoroughfare impact fees has exceeded the projected budget, which correlates to the expenditure issued to TVG for West Prosper roads reimbursement per the development agreement. The budget amendment reflects an increase in the revenue line item for $1,917,987 and an increase in the expenditure for the same amount to cause a neutral impact to the fund itself. Budget Impact: The Special Revenue funds will increase revenues by $2,386,296, the Water-Sewer CIP Fund will increase revenues by $466,194, and expenditures will increase $2,852,490. Water-Sewer Fund revenues and expenditures will increase by $186,020. The VERF will increase revenues and expenditures by $3,467. The Storm Drainage Fund will increase revenues by $7,598 and expenditures by $30,180. Park Improvement Fund will increase revenues and expenditures by Item 8 Page 3 of 3 $262,500. The W est Thoroughfare Impact Fees Fund will increase revenue and expenditures by $1,917. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the budget amendment ordinance as to form and legality. Attached Documents: 1. Ordinance Town Staff Recommendation: Town staff recommends approval of amending Ordinance No. 16-55 (FY 2016-2017 Budget) to fund increased revenues, transfers in, transfer out, and expenditures in the Special Revenue Funds including TIRZ # 1 and TIRZ #2, Water-Sewer Fund, VERF, Storm Drainage Fund, Park Improvement Fund, W est Thoroughfare Impact Fees Fund, and Water-Sewer CIP fund. Recommended Motion: I move to approve amending Ordinance No. 16-55 (FY2016-2017 Budget) to fund increased revenues, transfers in, transfer out, and expenditures in the Special Revenue Funds including TIRZ # 1 and TIRZ #2, Water-Sewer Fund, VERF, Storm Drainage Fund, Park Improvement Fund, W est Thoroughfare Impact Fees Fund, and Water-Sewer CIP fund. Item 8 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 16-55 (FY 2016-2017 BUDGET) AND ALLOCATING FUNDS TO FUND INCREASED REVENUES OF $1,176,007 AND INCREASED EXPENDITURES OF $1,176,007 IN THE TIRZ #1 FUND BUDGET; INCREASED REVENUES OF $153,629 AND INCREASED EXPENDITURES OF $153,629 IN THE TIRZ #2 FUND BUDGET; INCREASED REVENUES OF $1,056,660 AND $466,194 IN THE SPECIAL REVENUE AND WATER-SEWER CAPITAL PROJECT FUND BUDGETS AND INCREASED EXPENDITURES OF $1,522,854 IN THE SPECIAL REVENUE FUND BUDGET; INCREASED REVENUES OF $186,020 AND EXPENDITURES OF $186,020 IN THE WATER- SEWER FUND BUDGET; INCREASED REVENUE OF $3,467 AND EXPENDITURES OF $3,467 IN THE VERF BUDGET; INCREASED REVENUE OF $7,598 AND EXPENDITURES OF $30,180 IN THE STORM DRAINAGE FUND BUDGET; INCREASED REVENUE OF $262,500 AND INCREASE EXPENDITURES OF $262,500 IN THE PARK IMPROVEMENT FUND BUDGET; INCREASED REVENUE OF $1,917,987 AND INCREASED EXPENDITURES OF $1,917,987 IN THE WEST THOROUGHFARE IMPACT FEE FUND BUDGET; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 16-55 (FY 2016-2017 Budget) for the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, the changes will result in budgeted funds being reallocated among different funds and departments and an overall net increase in the budget for funding from fund balance in the Court Security fund. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to Ordinance No. 16-55 (FY 2016-2017 Budget). Ordinance No. 16-55 (FY 2016-2017 Budget) is hereby amended to allow for increases to revenues and appropriations as shown in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. Item 8 Ordinance No. 17- , Page 2 SECTION 4 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5 Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF DECEMBER, 2017. TOWN OF PROSPER, TEXAS ___________________________________ Ray Smith, Mayor ATTEST TO: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Item 8 TIRZ #1 Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Water Impact Fees $ - $ - $ 88,668 $ 88,668 Wastewater Impact Fees - - 69,460 $ 69,460 East Thoroughfare Impact Fees - - 790,121 $ 790,121 Property Taxes - - 227,758 $ 227,758 Total $ - $ - $ 1,176,007 $ 1,176,007 Expenditures: Thoro Impact Fee Rebate $ - $ - $ 648,902 $ 648,902 Water Impact Fee Rebate - - 81,027 $ 81,027 Wastewater Impact Fee Rebate - - 62,985 $ 62,985 Town Ad Valorem Tax Rebate - - 353,764 $ 353,764 County Ad Valorem Tax Rebate - - 29,329 29,329 Total $ - $ - $ 1,176,007 $ 1,176,007 TIRZ #2 Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: W Thoro Impact Fee $ - $ - $ 153,629 $ 153,629 Total $ - $ - $ 153,629 $ 153,629 Expenditures: W Thoro Impact Fee Rebate $ - $ - $ 153,629 $ 153,629 Total $ - $ - $ 153,629 $ 153,629 Special Revenue Funds Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Transfer In - Escrow $ - $ - $ 1,056,660 $ 1,056,660 Total $ - $ - $ 1,056,660 $ 1,056,660 Expenditures: Transfer Out - Escrow $ - $ 45,097 $ 686,609 $ 641,512 Transfer Out - Special Revenue - - 881,342 881,342 Total $ - $ 45,097 $ 1,567,951 $ 1,522,854 Water-Sewer Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Water Revenue $ 7,080,107 $ 7,846,619 $ 7,950,901 $ 104,282 Sewer Revenue 3,236,000 3,468,542 3,550,280 81,738 Total $ 10,316,107 $ 11,315,161 $ 11,501,181 $ 186,020 Expenditures: Water Purchases $ 2,748,305 $ 3,701,359 $ 3,755,161 $ 53,802 Sewer Management Fees 1,770,668 1,868,668 2,000,886 132,218 Total $ 4,518,973 $ 5,570,027 $ 5,756,047 $ 186,020 EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2016-2017 December 12, 2017 Item 8 EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2016-2017 December 12, 2017 VERF Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Other Reimbursements - Action Proceeds $ 18,000 $ 18,000 $ 21,467 $ 3,467 Total $ 18,000 $ 18,000 $ 21,467 $ 3,467 Expenditures: Capital-Equipment (Technology) - Police $ 3,950 $ 3,950 $ 6,904 $ 2,954 Capital-Equipment (Technology) - Inspections 3,100 3,100 3,395 295 Capital-vehicles - Park Ops 25,710 25,710 25,928 218 Total $ 32,760 $ 32,760 $ 36,227 $ 3,467 Storm Drainage Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Interest - 2016 CO Proceeds $ - $ - $ 7,598 $ 7,598 Total $ - $ - $ 7,598 $ 7,598 Expenditures: Transfer to Capital Project Fund - 32,400 62,580 30,180 Total $ - $ 32,400 $ 62,580 $ 30,180 Park Improvement Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Park Improvement Fees $ 100,000 $ 100,000 $ 362,500 $ 262,500 Total $ 100,000 $ 100,000 $ 362,500 $ 262,500 Expenditures: Transfer Out - - 262,500 262,500 Total $ - $ - $ 262,500 $ 262,500 W Thoroughfare Impact Fees Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: W Thoroughfare Impact Fees $ 100,000 $ 100,000 $ 2,017,987 $ 1,917,987 Total $ 100,000 $ 100,000 $ 2,017,987 $ 1,917,987 Expenditures: TVG West Prosper Rds Impact Fee Reimb - - 1,917,987 1,917,987 Total $ - $ - $ 1,917,987 $ 1,917,987 Water/Sewer Capital Projects Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Transfer In $ - $ - $ 466,194 $ 466,194 Total $ - $ - $ 466,194 $ 466,194 Total Revenue 5,230,062$ Total Expenditures 5,252,644 Net Effect All Funds (22,582)$ Item 8 Page 1 of 3 To: Mayor and Town Council From: Kelly Neal, Finance Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 2017 Agenda Item: Consider and act upon amending Ordinance No. 17-65 (FY 2017-2018 Budget) and Capital Improvement Plan. Description of Agenda Item: The proposed ordinance is amending the following balances for the FY 2017-2018 Budget and Capital Improvement Plan. Two Police Officers As noted in the adopted budget, the addition of two police officers was not budgeted in the Town’s attempt to apply for a grant to fund such positions. The Town submitted application for the funding under the 2017 Community Policing Development (CPD) program and it was noted that the Town demonstrated an understanding of the principles of community policing, identified project goals, and described how the activities would achieve those goals. Unfortunately, the demand for CPD funding in FY 2017 far exceeded the funding available under the program this year. As a result, the Community Oriented Policing Services Office was unable to award funding to 10 percent of the applicants per CPD. The Town will continue to leverage grant funding where applicable. This budget amendment will fund the two police officers, related equipment, and one vehicle for the remaining nine months of the budget year. The total budget request will come from the General Fund’s unrestricted fund balance for a total of $222,550 for two police officers, which will bring the sworn officers from 18 to 20 sworn police officers for the Town of Prosper. Fire Donations Fire is requesting the use of the Fire’s donations account received within the Special Revenue fund to purchase two chest compression systems to be onboard the two ambulances to assist the emergency response team. The Fire Department transitioned to a new medical control, BEST EMS, effective July 1. The new medical director strongly recommended the department purchase the LUCAS 3 chest compression system during the official onboarding during the month of September. However, the FY 2018 budget had already been completed. Since onboarding, there had been discussions with the medical control physicians encouraging the Town to seek opportunities to acquire the devices if at all possible for each of the two front line ambulances. The department would like to use funds from the donation fund to purchase both LUCAS 3 devices. The LUCAS 3 chest compression system is designed to help improve outcomes of sudden cardiac arrest victims and improve operations for medical responders. Performing 102 compressions per minute with a depth of 2.1”, LUCAS can be deployed quickly with minimal interruption to patient care. In prehospital use, at the scene and during transportation, LUCAS Prosper is a place where everyone matters. FINANCE DEPARTMENT Item 9 Page 2 of 3 has shown to significantly increase chest compression fractions to around 90% compared to manual CPR. Studies have shown manual chest compressions are inadequate after approximately 60 seconds. Out of 15 departments under the medical supervision of BEST EMS, the Prosper Fire Department is the only department that does not currently utilize the device. The balance in the Fire’s donation account is $42,040, which is received from the citizens that donate funds through their utility billing statement or received from various donations from corporate sponsors. The budget request is for $36,618 to purchase two LUCAS chest compression systems to assist in helping lifesaving teams in the field. This will leave a balance of $5,422 in the Fire’s donation account. Cook Lane (First-End) and E-W Collector (Cook Lane – DNT) As part of the FY 2016-2017 budget authority and Capital Improvement Plan, Town Council approved $200,000 to fund the design of the extension of Cook Lane from First Street, north to the E-W Collector and the design of the E-W Collector from Cook Lane, west to North Dallas Parkway. The project was delayed pending the right-of-way acquisition from the adjoining property owner that determined the design location for the centerline of the E-W Collector. Included in the budget amendment request is $50,000 for design fees and $25,000 for land acquisition. The funding source will be the West Thoroughfare Impact Fees Fund. Water fees After the FY 2017-2018 budget was adopted; the Town received a letter from North Texas Municipal Water District (NTMWD) dated 9/29/17 noting the water rate is being adjusted from $2.58 to $2.83 per 1,000 gallons. This was projected in the Town’s adopted budget along with the Town projecting the Town’s minimum annual demand of 1,404,496,052. NTMWD established the Town’s minimum annual demand for FY 2017-2018 of 1,484,478,000. This requires the Town to request additional funding to purchase water from NTMWD from $4,153,586 to $4,201,075. The budget request is to increase the water purchase line item by $47,489. This will be recaptured through charges for services. In FY 2016-2017, the Town’s actual water purchases from NTMWD was $3,829,953. This budget request reflects a 9.7% increase from actuals last year. As noted, the charges for services along with increase in water rates will help facilitate the increased costs for water. Sewer Management fees During the FY 2017-2018 budget process, staff presented a revised change in reducing the sewer management fees in error. In order to provide the correct budget authority as originally presented, the budget request is to increase the wastewater fees from $1,626,925 to $2,119,772. This is presented in the proposed budget but the budget was reduced in error at the adoption of the budget. The budget request is to increase sewer management fees line item by $492,847. This will be recaptured by charges for services. In FY 2016-2017, the Town expended $2,033,332 in sewer management fees. The budget request reflects a 4.25% increase from actuals last year. As noted, the charges for services along with an increase in sewer charges will help facilitate the increased sewer management fees. PO Roll Forward The Town of Prosper began using purchase orders to encumber funds in FY 2013-2014. We continue to utilize this process and at the end of September 30, 2017, the balances of open purchase orders require an amendment to the new budget by increasing the relevant line items in the new year by shifting budget authority from last year to the new year. Capital projects encumbrances are excluded from the budget amendment because Capital Project Fund monies are multi-year appropriations. The total amount of General Fund encumbrances to be brought forward is $742,728.99; the total encumbrances for the Water and Sewer Utility Fund to be brought forward is $4,352.90; and Stormwater Drainage Utility Fund encumbrances to be brought forward is $4,250. Item 9 Page 3 of 3 Budget Impact: The General Fund expenditures will increase $965,278.99. The Fire Department Donation expenditure will increase $36,618. West Thoroughfare Impact Fee fund expenditures will increase $75,000. Water-Sewer Utility fund revenues will increase $47,489 and expenditures will increase $544,688.90. Stormwater Drainage Utility fund expenditures will increase $4,250. All proposed budget amendments will be reflected by reducing such fund balances and/or increasing revenue respectively. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed and approved the budget amendment ordinance as to form and legality. Attached Documents: 1. Ordinance 2. CIP Plan 3. Detailed list of Purchase Order Roll Town Staff Recommendation: Town staff recommends approval of amending Ordinance No. 17-65 (FY 2017-2018 Budget) and Capital Improvement Plan to provide funding increase expenditures in the General Fund, Special Revenue Fund, West Thoroughfare Impact Fee Fund, Water-Sewer Utility Fund, and Stormwater Drainage Utility Fund. Recommended Motion: I move to approve amending Ordinance No. 17-65 (FY 2017-2018 Budget) and Capital Improvement Plan to provide funding increase expenditures in the General Fund, Special Revenue Fund, West Thoroughfare Impact Fee Fund, Water-Sewer Utility Fund, and Stormwater Drainage Utility Fund. Item 9 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING ORDINANCE NO. 17-65 (FY 2017-2018 BUDGET) AND ALLOCATING FUNDS TO FUND INCREASED EXPENDITURES OF $965,279 IN THE GENERAL FUND BUDGET; INCREASED EXPENDITURES OF $36,618 IN THE SPECIAL REVENUE FUND BUDGET; INCREASED EXPENDITURES OF $75,000 IN THE WEST THOROUGHFARE IMPACT FEE FUND BUDGET; INCREASED REVENUES OF $47,489 AND EXPENDITURES OF $544,689 IN THE WATER- SEWER FUND BUDGET; INCREASED EXPENDITURES OF $4,250 IN THE STORMWATER DRAINAGE UTILITY FUND BUDGET; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has investigated and determined that it will be beneficial and advantageous to the residents of the Town of Prosper, Texas (“Prosper”), to amend Ordinance No. 17-65 (FY 2017-2018 Budget) for the purposes listed in Exhibit “A,” attached hereto and incorporated herein by reference; and WHEREAS, the changes will result in budgeted funds being reallocated among different funds and departments and an overall net increase in the budget for funding from fund balance in the Court Security fund. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, THAT: SECTION 1 Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2 Amendment to Ordinance No. 17-65 (FY 2017-2018 Budget). Ordinance No. 17-65 (FY 2017-2018 Budget) is hereby amended to allow for increases to revenues and appropriations as shown in Exhibit “A,” attached hereto and incorporated herein by reference. SECTION 3 Savings/Repealing Clause. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed Ordinance, nor shall the repeal prevent prosecution from being commenced for any violation if occurring prior to the repeal of the Ordinance. Any remaining portions of conflicting ordinances shall remain in full force and effect. SECTION 4 Severability. Should any section, subsection, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Prosper hereby declares that it would have passed this Ordinance, and each section, Item 9 Ordinance No. 17- , Page 2 subsection, sentence, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared unconstitutional or invalid. SECTION 5 Effective Date. This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF DECEMBER, 2017. TOWN OF PROSPER, TEXAS ___________________________________ Ray Smith, Mayor ATTEST TO: Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Terrence S. Welch, Town Attorney Item 9 General Fund Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: Police Services Department 4,758,772.00$ 4,758,772.00$ 4,986,440.26$ 227,668.26$ Administration Department 5,651,869.00$ 5,651,869.00$ 5,656,869.00$ 5,000.00$ Development Services Department 2,666,840.00$ 2,666,840.00$ 2,670,340.00$ 3,500.00$ Community Services Department 3,959,067.00$ 3,959,067.00$ 4,196,262.28$ 237,195.28$ Public Works Department 4,135,913.00$ 4,135,913.00$ 4,545,478.45$ 409,565.45$ Engineering Department 1,010,269.00$ 1,010,269.00$ 1,092,619.00$ 82,350.00$ Total $ 22,182,730.00 $ 22,182,730.00 $ 23,148,008.99 $ 965,278.99 Special Revenue Fund Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: Fire Department Donation Expense 5,000.00$ 5,000.00$ 41,618.00$ 36,618.00$ Total $ 5,000.00 $ 5,000.00 $ 41,618.00 $ 36,618.00 West Thoroughfare Impact Fee Fund Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: Cook Lane/E-W Collector $ 200,000.00 $ 200,000.00 $ 275,000.00 $ 75,000.00 Total $ 200,000.00 $ 200,000.00 $ 275,000.00 $ 75,000.00 Water-Sewer Utility Fund Original Budget Current Budget Amended Budget Increase (Decrease) Revenues: Water Charges for Services 9,374,394.00$ 9,374,394.00$ 9,421,883.00$ 47,489.00$ Total $ 9,374,394.00 $ 9,374,394.00 $ 9,421,883.00 $ 47,489.00 Expenditures: Administration Department 3,993,280.00$ 3,993,280.00$ 3,997,632.90$ 4,352.90$ Water Purchases 4,153,586.00$ 4,153,586.00$ 4,201,075.00$ 47,489.00$ Sewer Management Fees 1,626,925.00$ 1,626,925.00$ 2,119,772.00$ 492,847.00$ Total $ 9,773,791.00 $ 9,773,791.00 $ 10,318,479.90 $ 544,688.90 Stormwater Drainage Utility Fund Original Budget Current Budget Amended Budget Increase (Decrease) Expenditures: Operating Expenditures $ 171,349.00 $ 171,349.00 $ 175,599.00 $ 4,250.00 Total $ 171,349.00 $ 171,349.00 $ 175,599.00 $ 4,250.00 Total Revenue 47,489.00$ Total Expenditures 1,625,835.89$ Net Effect All Funds (1,578,346.89)$ EXHIBIT "A" BUDGET AMENDMENT FISCAL YEAR 2017-2018 December 12, 2017 Item 9 To t a l Is s u e d D e b t U n i s s u e d D e b t U n i s s u e d D e b t R e i m b u r s e m e n t Pr i o r Y e a r s 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 1 2 0 2 1 - 2 0 2 2 2 0 2 2 - 2 0 2 7 C o s t Au t h o r i z e d A u t h o r i z e d U n a u t h o r i z e d R e s o l u t i o n 2 0 1 6 - 2 0 1 7 2 0 1 7 - 2 0 1 8 2 0 1 8 - 2 0 1 9 2 0 1 9 - 2 0 2 0 2 0 2 0 - 2 0 2 1 2 0 2 1 - 2 0 2 2 2 0 2 2 - 2 0 2 7 01 17 0 8 - S T C o o k L a n e ( F i r s t - E n d ) 10 0 , 0 0 0 1, 3 5 0 , 0 0 0 1, 4 5 0 , 0 0 0 10 0 , 0 0 0 A 1,350,000 1,350,000 02 17 0 8 - S T E- W C o l l e c t o r ( C o o k L a n e - D N T ) ; d e s i g n d o n e w / C o o k L a n e 10 0 , 0 0 0 80 0 , 0 0 0 90 0 , 0 0 0 10 0 , 0 0 0 A 800,000 800,000 01 17 0 8 - S T C o o k L a n e ( F i r s t - E n d ) 10 0 , 0 0 0 50 , 0 0 0 1 , 3 5 0 , 0 0 0 1, 5 0 0 , 0 0 0 15 0 , 0 0 0 A 1,350,000 1,350,000 02 17 0 8 - S T E- W C o l l e c t o r ( C o o k L a n e - D N T ) ; d e s i g n d o n e w / C o o k L a n e 10 0 , 0 0 0 25 , 0 0 0 80 0 , 0 0 0 92 5 , 0 0 0 12 5 , 0 0 0 A 800,000 800,000 A I m p a c t F e e s B G r a n t a n d I n t e r l o c a l F u n d s C D e v e l o p e r A g r e e m e n t s D G e n e r a l F u n d E W a t e r / W a s t e w a t e r F u n d F S t o r m w a t e r D r a i n a g e F u n d G P a r k D e v e l o p m e n t F u n d H T I R Z # 1 J T I R Z # 2 K E s c r o w s X N o n - C a s h C o n t r i b u t i o n s Z O t h e r S o u r c e s ( S e e D e t a i l ) Ot h e r De s c r i p t i o n C o d e s - O t h e r S o u r c e s Fu n d i n g S o u r c e s 01 Su m m a r y o f C a p i t a l I m p r o v e m e n t A m e n d m e n t - 1 2 / 1 2 / 1 7 Ge n e r a l F u n d P r o j e c t s Index St r e e t P r o j e c t s So u r c e s Unissued Debt ScheduleExhibit B - CIP Plan Item 9 Department PO Number Account No.9/30/2017 Description Status Engineering 15116 100-5410-98-01 13,450.00$ Professional Services for Prosper Trail (1,000 E of Preston Rd to Coit Rd)Project in progress; requesting to roll PO Engineering 17083 100-6110-50-01 7,939.00$ Professional Engineering Services to Design Median Lighting on Coit Road from US 380 to First Street Project in progress; requesting to roll PO Parks & Recreation Admin 17112 100-5410-60-01 6,850.00$ Professional Grant Services Project in progress; requesting to roll PO Parks & Recreation Admin 17127 100-5410-60-01 60,786.28$ Professional Engineering Services Prosper Gateway Monument Design Project Project in progress; requesting to roll PO TSO 17136 200-7000-10-99 4,352.90$ Speed of Trust Training Project in progress; requesting to roll PO Police Department 17138 100-5410-20-01 5,118.26$ SOQ No. 2017-15-B Needs Assessment Public Safety Facility Project in progress; requesting to roll PO Building Inspections 17141 100-5410-40-01 3,500.00$ Migration Fee TRAKiT to Onsite Hosting Project in progress; requesting to roll PO Streets 17193 100-6110-50-01 401,626.45$ Bid No. 2017-58-B Coit Road Median Lighting - US 380 to First St.Project in progress; requesting to roll PO Engineering 17195 100-5410-98-01 43,900.00$ Easement and ROW Acquisition Services - First Street (DNT-Coleman), Old Town Regional Detention/Retention, and Additional ROW Acquisition Services Project in progress; requesting to roll PO Engineering 17196 100-5410-98-01 25,000.00$ Professional Engineering Services: Quiet Zone, Railroad Grade Separation & East-West Connector Study Project in progress; requesting to roll PO Parks Operations 17203 100-6120-60-02 24,995.00$ RFP No. 2017-57-A Parks Video Intrusion Detection System Project in progress; requesting to roll PO Engineering 17207 450-5480-98-02 4,250.00$ Whitley Place Drainage Project Project in progress; requesting to roll PO Finance 17208 100-5410-10-03 5,000.00$ Sales Tax Analysis Project in progress; requesting to roll PO Parks Operations 17212 100-6120-60-02 144,564.00$ Purchase and installation of sports field lighting - Eagles Landing and Folsom Project in progress; requesting to roll PO Total 2016-2017 Open Encumbrances 751,331.89$ Operating Accounts - General Fund 100-5410-10-03 5,000.00$ 100-5410-20-01 5,118.26$ 100-5410-40-01 3,500.00$ 100-5410-60-01 67,636.28$ 100-5410-98-01 82,350.00$ 100-6110-50-01 409,565.45$ 100-6120-60-02 169,559.00$ Total 742,728.99$ Operating Accounts - Water and Sewer Fund 200-7000-10-99 4,352.90$ Total 4,352.90$ Operating Accounts - Stormwater Fund 450-5480-98-02 4,250.00$ Total 4,250.00$ GRAND TOTAL 751,331.89$ EXHIBIT "C" BUDGET AMENDMENT FISCAL YEAR 2017-2018 December 12, 2017 Item 9 Page 1 of 2 To: Mayor and Town Council From: Steve Glass P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 2017 Agenda Item: Consider and act upon an ordinance amending Subsections (b) and (c) of Section 10.01.001, “Engineering Design Standards,” of Article 10.01, “General Provisions,” of Chapter 10, “Subdivision Regulation,” of the Town’s Code of Ordinances by adopting new Water System Design Requirements and new Wastewater System Design Requirements. Description of Agenda Item: One of the recommendations of the Zucker Report was to identify and update codes and standards, as needed. To that end, Staff has reviewed and revised the standards relating to water and wastewater system design. A detailed summary noting the changes is attached. Additionally, the Prosper Developers’ Council (“PDC”) reviewed the proposed changes and the following are their comments along with staff responses and/or actions: Water System Design Requirements •PDC comment- “The additional language about dead-end lines in Section 2.01 is redundant to the language in 2.09 A, B, and C.” Staff response- Staff believes language is needed to help emphasize the requirement as well as include the general language for situations where 2.09 A, B, or C do not apply. •PDC comment- “In the newly labeled Section 2.09 Size Required, you moved that table from the Demand Variation section in the previous draft. The concern I got from the previous review comments is the Threshold column where anything above that had to do a system modeling exercise. Shouldn’t the Threshold column be removed from the table as part of the move to this Size Required section and only the Land Use and Water Demand Calculation columns remain as those are the design inputs in situations where modeling may be needed?” Staff response- Column of concern has been removed. Prosper is a place where everyone matters. ENGINEERING Item 10 Page 2 of 2 • PDC comment- “In Section 2.14 Water Services, water service sizing for larger residential homes could be tricky. Adding the min. lot size and/or min. home size language avoids the instances of one-off scenarios within a standard subdivision so that is good. Having the ability to have smaller meters based upon a technical memo if an owner builds a smaller/ more efficient home on a large lot and doesn’t require the larger meter is also good. The language about upsizing the entire water service to upsize the meter is very restrictive. The resolution would seem to err on the side of caution and install 1½” services during development in a large lot/large home community and then let the builder do the study to see if a 1” meter would suffice. Would a 1” meter on a 1½” service be a problem?” Staff response- Staff has reworded the requirement to state that 1½” services and meters are required if the development, as a whole, has a minimum lot size of half an acre or a minimum house size of 5,000 square feet. It also provides staff with the latitude of varying from this requirement, for extenuating circumstances by allowing the Executive Director of Development and Community Services or his designee to approve those situations where it is deemed appropriate. It is standing staff policy to require “size on size” services and meters, thereby using the correct meter for the amount of water used. Wastewater System Design Requirements • PDC comment- “In Section 3.13, the max depth of the lateral 10’ into the lot being left at 5’ still leaves the potential issue of lateral vs. franchise along the front of lots. I’m sure this is intended to avoid the scenario where the homebuilder goes looking for the sewer lateral and has to dig down 10’ deep to find it. However, I think adding the additional 1’ to the max from 5’ to 6’ would help while still addressing the too deep problem. I don’t see any language in this section for Engineering approval of variances to the stated max. depth.” Staff response- It was determined confusion was due to wording on a “maximum” depth, where intent is more for a “minimum” depth. Wording has been revised accordingly and addresses concerns by both sides. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has prepared the attached ordinance. Attached Documents: 1. Detailed Summary of Changes 2. Ordinance Town Staff Recommendation: Town staff recommends approval of an ordinance amending Subsections (b) and (c) of Section 10.01.001, “Engineering Design Standards,” of Article 10.01, “General Provisions,” of Chapter 10, “Subdivision Regulation,” of the Town’s Code of Ordinances by adopting new Water System Design Requirements and new Wastewater System Design Requirements. Proposed Motion: I move to approve an ordinance amending Subsections (b) and (c) of Section 10.01.001, “Engineering Design Standards,” of Article 10.01, “General Provisions,” of Chapter 10, “Subdivision Regulation,” of the Town’s Code of Ordinances by adopting new Water System Design Requirements and new Wastewater System Design Requirements. Item 10 Proposed Changes in the Water System Design Requirements 2.1 General • Deleted requirement for Engineer to list pipe sizes and material on plans • Moved requirement for Construction Staking to General Notes on plans • Several notes that are general in nature will be moved to the General Section of the Overall Engineering Design Manual 2.2 Water Main Location • Water mains 12” and larger to be installed at least 3’ back of curb and mains less than 12” to be installed 2’ back of curb, revised to water mains 16” and larger to be installed 5’ back of curb and mains 12” and smaller to be installed 2’ back of curb • Note regarding proximity of mains to trees moved to General Notes on plans • Encasement for water mains under creeks changed from concrete to steel, and added requirement for boring with option to open cut minor creeks. Also added requirement for isolation valves • Added conditions for water and sewer crossings to comply with TCEQ Chapter 290 requirements 2.3 Water Main Sizing • Current standard listed specific lengths to determine water main sizing of either 12” or 8” Proposed standards require 12” to be looped and generally located on a collector with 8” generally located within development for distribution • Added Maximum Daily Demand Table and requirement of no less than 1’ of head loss per 1,000’ of main • If dead end mains are approved by the Town, they must be 6”, not 8” 2.5 Valves • Modified Valve spacing to provide proper isolation of mains, minimizing the disruption of fire protection via fire hydrants. 2.6 Depth of Cover • Added max depth of 10’ 2.7 Water Services • Added a requirement for 1- ½ Service and Meter requirement for subdivisions that have ½ acre min. lot size and/or 5,000 sf minimum house size (1” meter and service will be allowed based on technical memo showing adequate service with a 1” meter) 2.8 Fire Hydrants • Breakaway requirements moved to General Notes Item 10 Proposed changes in the Wastewater System Design Standards 3.1 General • Moved requirement for construction staking to General Notes on plans • Several notes that are general in nature will be moved to the General Section of the Overall Engineering Design Manual 3.3 Materials • Added materials for various special conditions 3.4 Cleanouts and Manholes • Min. spacing changed from 300’ to 500’, 800’, or 1,000’ depending on size of pipe 3.9 Lift Stations • Added requirement for decorative fencing and landscaping 3.15 • Moved testing requirements to General Notes on plans Other additions • Added section regarding clearance to utilities and storm drain • Added section regarding creek crossings • Added section regarding trenchless technology Item 10 Ordinance No. 17-__, Page 1 TOWN OF PROSPER, TEXAS ORDINANCE NO. 17-__ AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, AMENDING SUBSECTIONS (b) AND (c) OF SECTION 10.01.001, “ENGINEERING DESIGN STANDARDS,” OF ARTICLE 10.01, “GENERAL PROVISIONS,” OF CHAPTER 10, “SUBDIVISION REGULATION,” OF THE TOWN’S CODE OF ORDINANCES BY ADOPTING NEW WATER SYSTEM DESIGN REQUIREMENTS AND NEW WASTEWATER SYSTEM DESIGN REQUIREMENTS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town Council has determined that the adoption of this Ordinance best serves the general welfare of the Town and its residents by providing new water and wastewater system design requirements, which requirements will preserve the public health, safety, and welfare, and will protect and enhance the Town’s design, environmental and aesthetic quality; and WHEREAS, the Town Council has further determined that the amendments provided herein will ensure the existing water and wastewater system design requirements are up-to-date and will reflect the enduring quality of development in the Town. 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 From and after the effective date of this Ordinance, existing Subsections (b) and (c) of Section 10.01.001, “Engineering Design Standards,” of Article 10.01, “General Provisions,” of Chapter 10, “Subdivision Regulation,” of the Town’s Code of Ordinances are hereby amended to read as follows: “Sec. 10.01.001 Engineering design standards * * * (b) There are hereby established, in the Town’s Engineering Design Standards Water System Design Requirements for the purpose of promoting the health, safety, and welfare of the Town and its inhabitants. The Water System Design Requirements are hereby established as “Section 2” of the Town’s Engineering Design Standards. The Water System Design Requirements are hereby established as set forth in Exhibit A, attached to this Ordinance and incorporated for all purposes. (c) There are hereby established in the Engineering Design Standards Wastewater System Design Requirements for the purpose of promoting the health, safety, and welfare of the Town and its inhabitants. The Wastewater System Design Requirements are hereby established as “Section 3” of the Town’s Engineering Design Standards. The Wastewater System Design Requirements are hereby established as set forth in Exhibit B, attached to this Ordinance and incorporated for all purposes.” Item 10 Ordinance No. 17-__, Page 2 SECTION 3 All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting ordinances shall remain in full force and effect. SECTION 4 If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. SECTION 5 Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to exceed the sum of five hundred dollars ($500.00) for each offense. SECTION 6 This Ordinance shall become effective and be in full force from and after its passage and publication, as provided by the Revised Civil Statues of the State of Texas and the Home Rule Charter of the Town of Prosper, Texas. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS, ON THIS 12TH DAY OF DECEMBER, 2017. APPROVED: ________________________________ Ray Smith, Mayor ATTEST: ___________________________________ Robyn Battle, Town Secretary APPROVED AS TO FORM AND LEGALITY: __________________________________ Terrence S. Welch, Town Attorney Item 10 Ordinance No. 17-__, Page 3 EXHIBIT A (Water System Design Requirements) Item 10 Ordinance No. 17-__, Page 4 EXHIBIT B (Wastewater System Design Requirements) Item 10 ENGINEERING DESIGN STANDARDS 2-1 SECTION 2 - WATER SYSTEM DESIGN REQUIREMENTS Item 10 ENGINEERING DESIGN STANDARDS 2-2 2.01. General The Town of Prosper shall approve the location of all water lines. The arrangement, character, extent, size and location of all water lines shall be in general conformity with the Town’s Buildout Water System Capital Improvement Projects, and should be considered in their relation to existing and planned streets, topographical and environmental considerations, and the land uses proposed to be served by such facilities. Design criteria for all water systems shall comply with Texas Commission on Environmental Quality (TCEQ) Chapter 290 (Rules and Regulations for Public Water Systems), latest revision. All railroad, State Highway and Dallas North Tollway crossings, etc., shall be as approved by the Executive Director of Development and Community Services, or his/her designee. Permits to agencies other than the Town must be submitted through the Town. Water lines shall be sized and extended through the limits of a property to serve adjacent properties. Dead end water mains are not allowed unless approved in writing by the Executive Director of Development and Community Services, or his/her designee however, if approved; a flushing device shall be provided. 2.02. Plan Requirements Plans for water mains sized twelve inches (12") and larger shall include both plan and profile views. Plans for water mains sized eight inches (8") and less may require a profile at the discretion of the Executive Director of Development and Community Services, or his/her designee where crossings or other complex design scenarios may exist. A full civil construction plan check list can be found in the Development Manual on the Town of Prosper website. 2.03. Easements Water mains located outside of public right-of-way shall be centered in a minimum fifteen feet (15') wide exclusive use water easement. Water easements running parallel to a property line shall be located wholly on one lot. At highway, railroad, creek, and other crossings or locations where the depth of the water main measured to bottom of pipe exceeds ten feet (10'), the width of the water easement shall be increased a minimum of one and one-half (1.5) times the depth of the water main. Fire hydrants located outside of public easements or right-of-way shall be located in a 10' x 10' exclusive use water easement. Water meters two inches (2") and smaller shall be located in a 5' x 5' exclusive use water easement. Water meters three inches (3") and larger shall be located in a 10' x 10' exclusive use water easement. Easements for other water system appurtenances and facilities not specifically provided for by this section shall be determined by the Executive Director of Development and Community Services, or his/her designee. Parallel public easements and right-of-way may be used to reduce the required width of a water easement with the approval of the Executive Director of Development and Community Services, or his/her designee provided that the water main is located wholly within the water easement and a minimum distance of one- half the required easement width shall be provided from the center of the water main to the outer edge of the easement. 2.04. Location Water mains sized sixteen inches (16”) and larger located in public right-of-way shall be located five feet (5') behind the back of curb to provide adequate clearance for curb inlets and sign posts. Item 10 ENGINEERING DESIGN STANDARDS 2-3 Water mains sized twelve inches (12”) and smaller located in public right-of-way shall be located two feet (2’) behind the back of curb. Water mains in right-of-way near storm inlets shall be constructed behind the inlet by pulling the pipe using longitudinal bending in accordance with the manufacturer’s requirements. Water mains located in easements shall be located in the center of the easement except as allowed elsewhere in this chapter when a parallel public easement or right-of-way is used to reduce the required easement width. 2.05. Horizontal Alignment Water mains constructed in public right-of-way shall follow the alignment of the roadway. Longitudinal bending of the pipe to match the radius of a roadway may be used, provided the radius is not less than the pipe manufacturer's recommendation, typically thirty times the diameter (30xD). All other changes in direction shall be constructed utilizing forty-five degree (45°) or smaller bends to reduce head losses and thrust on the joint. All junctions on lines sixteen inches (16") and larger shall be three-way junctions. Offset connections or dog- leg connections shall be used where a four-way junction is desired. Pipe sizing through junctions should be consistent with the largest pipe size or as determined by the Executive Director of Development and Community Services, or his/her designee. 2.06. Vertical Alignment Water mains sized sixteen inches (16") and greater shall have a minimum cover of six feet (6') which is generally sufficient to allow other utilities to cross over the water main. Water mains sized twelve inches (12") and less shall have a minimum cover of four feet (4'). Water mains constructed across or adjacent to rural roadways may be required to have greater cover to allow for future roadway grade changes as determined by the Executive Director of Development and Community Services, or his/her designee. The maximum depth of a water main measured to bottom of pipe shall not exceed ten feet (10') unless explicitly approved by the Executive Director of Development and Community Services, or his/her designee. Water mains shall be designed to have a consistent profile that avoids excessive numbers of high points and low points. Air release valves, drain valves, or other appurtenances may be required at high points and low points as determined by the Executive Director of Development and Community Services, or his/her designee. 2.07. Clearance to Other Utilities A. Wastewater The separation between water mains and wastewater mains, manholes, and other appurtenances is governed by Title 30 of the Texas Administrative Code, Part 1, Chapter 290, Subchapter D, Rule 290.44(e) and Chapter 217, Subchapter C, Rule 217.53(d). In general, water mains and wastewater mains, manholes, and other appurtenances shall be installed in separate trenches and shall have a separation distance of nine feet (9') in all directions measured from the outside surface of each facility. Crossings of water mains and wastewater mains may be accomplished by using wastewater pipe with a minimum pressure rating of 150 psi OR by encasing the water or wastewater main for a distance of nine feet (9') either side of the crossing with a casing pipe having a minimum pressure rating of 150 psi. Under either scenario, a minimum eighteen-foot (18') joint of water pipe shall be centered on the wastewater main with a minimum separation distance of twelve inches (12"). B. Storm Sewer Item 10 ENGINEERING DESIGN STANDARDS 2-4 Water mains shall maintain a minimum clearance of eighteen inches (18") from storm sewer systems measured from the outside surface of each facility. Where minimum clearance cannot be met, the water main shall be encased in six inches (6") of concrete. C. Other Utilities Water mains shall maintain a minimum clearance of twelve inches (12") from other public and private utilities measured from the outside surface of each facility. Where a water main encroaches into a private utility easement, the clearance shall be as specified by the private utility operator. All mains to be installed under existing Thoroughfares must be dry bored. Rust resistant steel casing minimum one-fourth-inch (1/4”) thick shall be used with Raci patented casing spacers, or approved equal. No wood skids will be allowed. Open cut crossings with Local roads, Collector roads, and Thoroughfares (where deemed necessary by the Executive Director of Development and Community Services, or his/her designee) may be allowed. 2.08. Creek Crossings Water mains installed under creeks shall be protected by steel encasement at a minimum of ten feet (10’) past the toe of the embankment on each side or otherwise as directed by the Executive Director of Development and Community Services, or his/her designee. Isolation valves shall be installed for maintenance and safety purposes. Any crossing with a creek must be bored. The length of the bore shall be ten feet (10 ft) outside the top of bank on each side of the creek. The Executive Director of Development and Community Services, or his/her designee may approve an open cut crossing for non-major creeks. If an open cut is approved, stream bank stabilization must be provided. 2.09. Size Required Water mains shall be sized to meet all demands (See Table 2.1) of each specific land use as well as ensure proper fire flows for all districts are obtained. Fire Flows shall be calculated with a minimum residual pressure of 20 psi under combined fire and domestic (Maximum Daily Demand) water flow conditions and/or the latest requirement by the TCEQ. Mains are to be sized to ensure less than 1 foot of head loss per 1000 feet of water main using a Hazen Williams coefficient of C = 100 for the Maximum Hourly Demand flow rates within the subdivision internal distribution system. TABLE 2.1 – Maximum Daily Demand Calculation Land Use Maximum Daily Demand Calculation Single Family 3.5 persons per lot x 230 gallons per person per day Multi Family 3.0 persons per unit x 230 gallons per person per day Commercial Industrial 1.0 persons per parking space x 50 gallons per person per day OR 1.0 persons per 400 SF floor space x 50 gallons per persons per day School 30 gallons per student per day Item 10 ENGINEERING DESIGN STANDARDS 2-5 Nursing Home 240 gallons per day per bed Hospital 720 gallons per bed per day Water main sizing will generally be as follows based on the land use being served: A. Single Family Residential A twelve-inch (12") water main shall be required to loop through a single-family district and shall typically be located along collector streets or at other locations as determined by the Executive Director of Development and Community Services, or his/her designee. An eight-inch (8") water main will generally be required to distribute water and provide fire protection within the single-family district. Where dead-end water mains are explicitly approved by the Executive Director of Development and Community Services, or his/her designee, a six-inch (6") water main shall be used for the final 200 feet provided it serves no more than seven (7) lots and one (1) fire hydrant. A blow off hydrant shall be installed at the end of the dead-end main for use by the Public Works Department. B. Multi-Family Residential A twelve-inch (12") water main shall be required to loop through a multi-family district. An eight-inch (8") water main will generally be required to distribute water and provide fire protection within the multi- family district provided that the water main does not exceed 600 feet in length or serve more than two (2) fire hydrants or fire sprinkler connections between water main junctions. Dead-end mains are not allowed except by Executive Director of Development and Community Services, or his/her designee’s approval. If dead-end mains are allowed, the developer shall install a blow off hydrant at the end of the dead-end main for use by the Public Works Department. C. Non-Residential A twelve-inch (12") water main shall be required to loop through a non-residential district. An eight-inch (8") water main will generally be required to distribute water and provide fire protection within the non- residential district provided that the water main does not exceed 1,200 feet in length or serve more than two (2) fire hydrants or fire sprinkler connections between water main junctions. Dead-end mains are not allowed except by Executive Director of Development and Community Services, or his/her designee’s approval. If dead-end mains are allowed, the developer shall install a blow off hydrant at the end of the dead-end main for use by the Public Works Department. 2.10. Materials Water main materials shall generally be as follows: A. PVC Pipe Eight-inch (8") and smaller water mains shall be AWWA C900 DR 14. Twelve-inch (12") water mains shall be AWWA C900 DR18. Sixteen-inch (16") and larger water mains shall be AWWA C905 DR18. Only potable PVC mains shall be blue in color. Item 10 ENGINEERING DESIGN STANDARDS 2-6 All mains supplying fire sprinkler systems outside of utility easements shall be minimum two hundred (200) psi working pressure and U.L. listed. B. Ductile Iron Pipe Sixteen-inch (16") and larger water mains shall be AWWA C151 / ANSI A21.50 with a minimum pressure class of 150 psi. It shall be the Engineer's responsibility to determine if a higher pressure class may be needed. Polyethylene encasement is required to be installed around the ductile iron pipe and related fittings and valves. This wrap shall be an eight-millimeter (8 mm) thickness polytube. Seams and overlaps shall be wrapped and held in place by two inch (2”) wide plastic backed adhesive tape. Polyken 900 or Scotchrap no. 50, or an approved equal, with approximately two-foot (2’) laps on the polytube. The wrap on the barrel of the pipe shall be loose enough to allow the film to shift with the soil. The wrap shall be installed without breaks, tears, or holes in the film. C. Other Pipe Materials Twenty-four-inch (24") and larger water mains may be Reinforced Concrete Cylinder Pipe (RCCP) complying with AWWA C303 with the explicit approval of the Executive Director of Development and Community Services, or his/her designee. The Design Engineer shall study all conditions that the pipe will be exposed to and provide corrosion protection for the RCCP. D. Pipe Fittings All fittings shall be ductile iron with mechanical joint restraints and thrust blocking where appropriate, with a minimum rated working pressure of two hundred-fifty (250) psi. All concrete shall be designed with appropriate sulfate resistant cement or equivalent based on local soil conditions. E. Valves Valves shall be Muller Model Series 2360, M&H Model Series 4067/7571 or American Flow Control Model Series 25000. All valves must meet a one hundred and fifty (150) psi test. F. Tapping Valves Connections to an existing line shall be made with full body ductile iron tapping sleeve and valve. In order to maintain a manageable parts inventory and working knowledge of tapping sleeve and valves, the following tapping sleeves are approved: Mueller, American Flow Control and U.S. Pipe. With prior approval by the Executive Director of Development and Community Services, or his/her designee, stainless steel Smith Blair 623 may be allowed for connection to existing lines twenty inches (20”) or larger. G. Bends Two (2) forty-five-degree (45°) turns shall be used at corners along mains. Ninety-degree (90°) turns are not permitted. H. Fire Hydrants Fire hydrants shall be Kennedy or American Flow Control (Waterous) traffic model WB 67-250, three- way standard thread with valve in lead or as approved by the Executive Director of Development and Community Services, or his/her designee. All main steamer nozzles have a nominal inside diameter of four and one-half inches (4.5”) with a Storz cap. Item 10 ENGINEERING DESIGN STANDARDS 2-7 I. Blow Off Hydrants (Flushing Device) Blow off hydrants shall be Eclipse No. 85 Ground Hydrant or equal as approved by the Executive Director of Development and Community Services, or his/her designee. 2.11. Fire Hydrants There shall be sufficient fire hydrants to concentrate the required fire flow, as recommended by the publication “GUIDE FOR DETERMINATION OF REQUIRED FIRE FLOW” published by the Insurance Service Office, and as determined by the Town of Prosper Fire Department. Fire hydrants shall be located at all entrances and at all intersecting streets and/or fire lanes. Fire hydrants shall be located between two feet (2') and six feet (6') behind back of curb and shall not be located within a sidewalk. Fire hydrant leads shall be six-inch (6") pipe and shall not exceed one hundred feet (100') in length. Fire hydrants shall not be located within thirty-five feet (35') of a non-residential structure except in urban mixed use or other zero setback districts. Fire hydrants required to supplement water supply for automatic fire protections systems shall be located within fifty feet (50') of the Fire Department Connection (FDC) for such a system. On public streets, fire hydrants at intersections shall be located ten feet (10') in advance of the curb return to allow adequate room for street lighting, signage, and sidewalk ramps. On fire lanes, fire hydrants at intersections shall be located at the curb return. Fire hydrants shall not be located within an intersection radius or along the top edge of a "T" intersection. All fire hydrants placed on private property shall be adequately protected by either curb stops or concrete posts or other methods as approved by the Executive Director of Development and Community Services, or his/her designee and the Fire Department and shall be in easements. Such stops or posts shall be the responsibility of the landowner on which the fire hydrant is placed. Major and minor thoroughfares, railroads, retaining walls, screening walls, creeks, dense landscaping, and other similar features will obstruct the route on which a fire hose will be laid and shall not be crossed to provide fire protection required by this section. Fire hydrant spacing will vary based on the land use being served: A. Single Family Residential Fire hydrants shall be located at all street intersections and at intermediate locations such that the spacing between fire hydrants does not exceed five hundred feet (500') measured along the centerline of the street. B. Multi-Family Residential Fire hydrants shall be located at all street and/or fire lane intersections and at intermediate locations such that the spacing between fire hydrants does not exceed three hundred feet (300') measured along the centerline of the street and/or fire lane. C. Non-Residential Item 10 ENGINEERING DESIGN STANDARDS 2-8 Fire hydrants shall be located at all street and/or fire lane intersections and at intermediate locations such that the spacing between fire hydrants does not exceed three hundred feet (300') measured along the centerline of the street and/or fire lane. D. Major/Minor Thoroughfares Fire hydrants shall be located at all street intersections and at intermediate locations along arterial roadways such that the maximum spacing between fire hydrants does not exceed five hundred feet (500') measured along the centerline of the roadway. Fire hydrants shall be alternate between both sides of the roadway. E. Undeveloped Areas F. Fire hydrants shall be spaced every 1,200 feet along water transmission mains in undeveloped areas. Fire hydrants in undeveloped areas outside of public right-of-way shall be marked with a water pipeline marker approved by the Executive Director of Development and Community Services, or his/her designee. 2.12. Water Valves Water valves shall be located on water mains twelve inches (12”) and smaller at all junctions, fire hydrant leads, fire sprinkler connections, and at other locations such that the spacing between valves does not exceed five hundred feet (500') in residential districts and six hundred feet (600') in non-residential districts. No segment between valves, when closed, shall leave more than one (1) fire hydrant or fire sprinkler connection out of service. Water valves shall be arranged in a manner such that preferably two (2) and no more than three (3) valves must be operated to shut down a segment of water main. Water valves shall be located on water mains sixteen inches (16") and larger at all junctions, fire hydrant leads, and other locations such that the spacing between valves does not exceed 1,200 feet. No segment between valves, when closed, shall leave more than one (1) fire hydrant out of service. The only exception will be along Major/Minor Thoroughfares where no more than two (2) fire hydrants may be out of service. No water valves shall be installed under parking stalls. Water valves shall be installed at the end of water mains that are planned to be extended in the future such that twenty feet (20') of pipe extend beyond the valve to anchor it. Water valves shall be installed on all fire hydrant leads and fire sprinkler connections. Water valves twelve inches (12") and smaller shall be resilient seal gate valves. Water valves sixteen inches (16") and larger shall be butterfly valves. Water valves located in undeveloped areas or in open spaces shall have pipeline markers installed indicating the location of the water valve. Water valves installed in developed areas shall be marked on the nearest curb with a sawed "V" pointing toward the water valve. 2.13. Water Services Water services shall be designed as follows: A. Residential Subdivision Item 10 ENGINEERING DESIGN STANDARDS 2-9 Water services for single-family, duplex, and townhome subdivisions shall consist of a one-inch (1") diameter service and one-inch (1") meter. A one and one-half inch (1 ½") service and one and one-half inch (1 ½") meter shall be used for developments with minimum lot size over one half (½) acre and/or with minimum home sizes over 5,000 square feet. Smaller (1” minimum) meter and service sizes can be allowed based a technical memo or similar verifying adequate flows and approved by the Executive Director of Development and Community Services, or his/her designee. Single-family homes requiring larger meter sizes than the service size installed with development shall be required to replace water service with same size so meter and service are “size-on-size”. Variations from this requirement may be allowed with approval of the Executive Director of Development and Community Services, or his/her designee. Services for single-family, duplex, and townhome lots shall be located two feet (2') off the side property line and should generally be grouped with the adjacent lot. Water services shall have a minimum separation distance of ten feet (10') from wastewater services. Services shall consist of PE 4710 pipe conforming with AWWA C901. Water meters shall be installed eighteen inches (18”) behind the back of curb at a maximum depth of twelve inches (12"). Water meter boxes shall be plastic with a locking lid and shall be eighteen inches (18") by fourteen inches (14") for one-inch (1") meters and twenty-eight inches (28") by eighteen inches (18") for one and one-half-inch (1 ½") meters. Water meters shall not be located in driveway or sidewalk pavement. B. Multi-Family and Non-Residential Development Water services for multi-family and non-residential developments shall consist of a minimum one-inch (1") diameter service and one-inch (1") meter. Larger services and meters may be used as determined by the Design Engineer, provided the service and the meter are the same size. All irrigation services require turbine meters. Water services shall be located as determined by the Design Engineer. A minimum of one service per building shall be provided. Water services shall have a minimum separation distance of ten feet (10') from wastewater services. Services shall consist of PE 4710 pipe conforming with AWWA C901. When located adjacent to a public street, water meters shall be installed immediately inside the right- of-way line at a maximum depth of twelve inches (12"). When installed adjacent to an interior driveway, water meters shall be installed two feet (2') behind back of curb. Water meter boxes shall be plastic with a locking lid and shall be sized such that the entire meter assembly is contained within the box with sufficient room to make minor adjustments. Water meters three inches (3") and larger shall be located in a concrete vault sized such that the entire meter assembly is contained within the vault with sufficient room to repair and replace the water meter if necessary. No meter box shall be installed in a paved area. C. Restrictions Water services shall not connect to a fire hydrant lead. Water services shall not exceed fifty feet (50') in length from the water main to the water meter. Bullhead water services shall not be permitted. Water services and water meters shall be identically sized. Parallel water meters serving the same facility shall not be permitted. Item 10 ENGINEERING DESIGN STANDARDS 3-1 SECTION 3 - WASTEWATER SYSTEM DESIGN REQUIREMENTS Item 10 ENGINEERING DESIGN STANDARDS 3-2 3.01. General The Town of Prosper shall approve the location of all wastewater lines. The arrangement, character, extent, size and location of all wastewater lines shall be in general conformity with the Town’s Buildout Wastewater System Capital Improvement Projects, and should be considered in their relation to existing and planned streets, topographical and environmental considerations, and the land uses proposed to be served by such facilities. Wastewater lines shall be sized and extended through the limits of a property to serve adjacent properties. In phased construction of thoroughfares, the sewer lines shall be extended the entire length of the thoroughfare being constructed. 3.02. Plan Requirements Plans for wastewater mains shall include both plan and profile views. A full checklist for civil construction plans can be found in the Development Manual on the Town of Prosper website. 3.03. Easements Wastewater mains located outside of public right-of-way shall be centered in a minimum fifteen feet (15') wide exclusive use wastewater easement. Wastewater easements running parallel to a property line shall be located wholly on one lot. At highway, railroad, creek, and other crossings or locations where the depth of the wastewater main measured to bottom of pipe exceeds ten feet (10'), the width of the wastewater easement shall be increased a minimum of one and one-half (1.5) times the depth of the wastewater main. Easements for wastewater lift stations and other facilities not specifically provided for by this section shall be determined by the Executive Director of Development and Community Services, or his/her designee. 3.04. Location Wastewater mains located in public right-of-way shall generally be located in the center of undivided streets and as determined by the Executive Director of Development and Community Services, or his/her designee on divided streets. Wastewater mains located adjacent to creeks and other waterways shall generally follow the alignment of the waterway and be located a minimum of ten feet (10’) behind the top of bank. Wastewater mains located in easements shall be located in the center of the easement. Wastewater mains shall not be located in alleys unless explicitly approved by the Executive Director of Development and Community Services, or his/her designee. Wastewater mains shall not cross residential lots unless explicitly approved by the Executive Director of Development and Community Services, or his/her designee. Trees shall not be planted within wastewater easements. Wastewater mains shall not be located within five feet (5’) of any existing tree. Upon approval of the Executive Director of Development and Community Services, or his/her designee, ornamental trees may be planted within the easement, but no closer than five feet (5’) to a wastewater main. 3.05. Horizontal Alignment Longitudinal bending of the pipe to match the radius of a roadway shall be used, provided the radius is not less than the pipe manufacturer's recommendation, typically three hundred times the diameter (300xD). Joint deflection of the pipe to match the radius of a roadway may be used, provided the angle of deflection is no more than 80% of the pipe manufacturer's recommendation. All other changes in direction shall occur at manholes. When not under a roadway, wastewater mains shall generally be straight from manhole to manhole. Item 10 ENGINEERING DESIGN STANDARDS 3-3 Where a parallel wastewater line is required due to excessive depth, the parallel line shall be offset from the wastewater main by five feet (5’) to the side of the street with the majority of wastewater services. 3.06. Vertical Alignment Wastewater mains shall be designed with a straight profile from manhole to manhole. No vertical curves or vertical bends shall be allowed between manholes. Wastewater mains shall have a minimum cover of four feet (4') within right-of-way or public easements. Additional cover may be required to allow a lateral to extend at 2% grade from the wastewater main to a minimum five-foot (5’) depth at a point ten-feet (10') beyond property line while maintaining clearance from water line or franchise utility lines. Excessively deep main lines shall be avoided if not required due to physical constraints. Wastewater mains shall be designed for a minimum velocity of two feet per second (2 fps) and a maximum velocity of ten feet per second (10 fps) at peak flow. Under gravity flow conditions, this corresponds to Table 3.1 with minimum and maximum grades using Manning's Equation for PVC pipe with a roughness coefficient of 0.013: Table 3.1 – Pipe Diameter Grade Limits Pipe Diameter (inches) Minimum Grade (percent) Maximum Grade (percent) 8" 0.33% 8.40% 10" 0.25% 6.23% 12" 0.20% 4.88% 15" 0.15% 3.62% 18" 0.11% 2.83% 21" 0.09% 2.30% 24" 0.08% 1.93% Where the depth of a wastewater main exceeds twelve feet (12'), a parallel wastewater line shall be constructed where laterals will be connected. 3.07. Clearance to Other Utilities A. Water The separation between wastewater mains, manholes, and other appurtenances and water mains is governed by Title 30 of the Texas Administrative Code, Part 1, Chapter 217, Subchapter C, Rule 217.53(d) and Chapter 290, Subchapter D, Rule 290.44(e). In general, wastewater mains, manholes, and other appurtenances and water mains shall be installed in separate trenches and shall have a separation distance of nine feet (9') in all directions measured from the outside surface of each facility. Crossings of wastewater mains and water mains may be accomplished by using wastewater pipe with a minimum pressure rating of 150 psi OR by encasing the water or wastewater main for a distance of nine feet (9') either side of the crossing with a casing pipe having a minimum pressure rating of 150 psi. Under either scenario, a minimum eighteen-foot (18') joint of water pipe shall be centered on the wastewater main with a minimum separation distance of twelve inches (12"). B. Storm Drain Wastewater mains shall maintain a minimum clearance of eighteen inches (18") from storm drain systems measured from the outside surface of each facility. Where minimum clearance cannot be met, the wastewater main shall be encased in six inches (6") of concrete. Item 10 ENGINEERING DESIGN STANDARDS 3-4 C. Other Utilities Wastewater mains shall maintain a minimum clearance of twelve inches (12") from other public and private utilities measured from the outside surface of each facility. Where a wastewater main encroaches into a private utility easement, the clearance shall be as specified by the private utility operator. 3.08. Creek Crossings Wastewater mains shall be designed to cross under creeks and other waterways. The creek crossing shall consist of a watertight steel encasement pipe and a wastewater main supported by approved spacers. Manholes shall be provided ten feet (10’) outside the top of bank on both sides of a creek crossing. Creek banks and channels disturbed by construction shall be shall be stabilized to prevent erosion of the backfill materials. Creek channels shall be analyzed to determine if stabilization is necessary to prevent erosion that may expose or damage the wastewater infrastructure. Aerial crossings may be used only when alternatives for crossing under a creek have been found to be not technically feasible. The aerial crossing shall consist of a rust-resistant steel encasement pipe with welded joints and a wastewater main supported by approved spacers. Manholes shall be provided at the top of bank on both sides of an aerial crossing. A structural engineer shall design the aerial crossing to support the dead loads of the structure and the live loads of the wastewater main under full flow conditions with no deflection. Buoyancy of the aerial crossing and the impact of debris must be considered if partially of fully submerged by a 100-year rainfall event. Supporting piers shall not obstruct the normal channel of the waterway. A scour analysis shall be conducted and provided to the Town for review. Armoring of the channel may be required to prevent erosion. 3.09. Size Required Wastewater mains shall be sized for the peak flow of the contributing basin under gravity flow conditions with no surcharges. Manning's Equation shall be used to determine the full-flow capacity of each segment of the wastewater system using a roughness coefficient of 0.013 for PVC pipe. No wastewater, other than laterals or force mains, shall be less than eight-inch (8") diameter. The peak flow shall be calculated based on Table 3.2 or other industry-standard assumptions approved by the Executive Director of Development and Community Services, or his/her designee: Item 10 ENGINEERING DESIGN STANDARDS 3-5 Table 3.2 – Peak Flow Calculation Land Use Assumptions Peak Flow Dry Peak Flow Wet** Single Family 3.5 lots per acre (assumed) 3.5 persons per lot 100 gallons per person per day 4.0 peak factor 4,900 GPAD* 5,550 GPAD Multi Family 15 units per acre (assumed) 3.0 persons per unit 100 gallons per person per day 4.0 peak factor 18,000 GPAD 18,650 GPAD Commercial Industrial 50 parking spaces per acre (assumed) 1.0 persons per parking space 20 gallons per person per day 4.0 peak factor 4,000 GPAD 4,650 GPAD School 20 gallons per student per day 4.0 peak factor 80 gal/student/day 80 gal/student/day + 650 GPAD Nursing Home 100 gallons per bed per day 4.0 peak factor 400 gallons per bed per day 400 gal/bed/day + 650 GPAD Hospital 200 gallons per bed per day 4.0 peak factor 800 gallons per bed per day 800 gal/bed/day + 650 GPAD *Gallons per acre per day (GPAD) **Infiltration shall be 650 gallons per acre per day (GPAD). Where calculated wastewater flows exceed 2 MGD, the peak factor for the basin may be reduced to 3.0. Where approved zoning or existing development has resulted in densities less than or greater than the assumed densities indicated above, the density of the approved zoning or existing development may be substituted for the assumed density. Other peaking factors for larger basins may be approved by the Executive Director of Development and Community Services, or his/her designee. 3.10. Pipe Materials Wastewater main materials shall generally be as follows: A. PVC Pipe (Non-Pressure Rated) Fifteen-inch (15") and smaller wastewater mains shall be ASTM D3034 SDR 35 (less than 15' deep) or SDR 26 (greater than 15' deep). Eighteen-inch (18") and larger wastewater mains shall be ASTM F679. B. PVC Pipe (Pressure Rated) Twelve-inch (12") and smaller wastewater mains shall be ASTM D2241 SDR 26 with a minimum pressure rating of 160 psi. Fifteen-inch (15") and larger wastewater mains shall be AWWA C905 DR25 with a minimum pressure rating of 165 psi. The Design Engineer shall make a recommendation for any pipe over 165 psi. Item 10 ENGINEERING DESIGN STANDARDS 3-6 C. Other Pipe Materials No other pipe materials may be used without the explicit approval of the Executive Director of Development and Community Services, or his/her designee. A technical memorandum detailing design criteria and construction methods may be required to support alternative pipe materials. 3.11. Manholes and Cleanouts Manholes shall be constructed at all junctions of wastewater lines sized six inches (6") and greater; at changes of grade, direction, and pipe size; at the beginning and end of segments installed by other than open cut; within thirty feet (30') of the beginning and end of aerial crossings; and at other locations such that the spacing between manholes does not exceed the following in Table 3.3: Table 3.3 – Manhole Spacing Pipe Diameter (inches) Maximum Manhole Spacing (feet) 15" and less 500' 18" thru 30" 800' 33" and larger 1,000' Manholes shall be sized as shown in Table 3.4. Table 3.4 – Manhole Diameter Pipe Diameter (inches) Manhole Diameter (feet) 27" and less 5' 30" and larger 6' Manholes on mains twelve inches (12”) or smaller shall have a minimum drop of 1/10 foot across the invert. Due to physical constraints, the 1/10 ft drop may be eliminated with the approval of the Executive Director of Development and Community Services or his/her designee. Where different size pipes enter a manhole, the pipe crowns shall be at the same elevation or the smaller pipe shall be higher. Drop manholes shall be required where the inflow elevation is more than two feet (2”) above the outflow elevation. New drop structures shall be constructed on the exterior of the manhole. Interior drop structures will be allowed on existing manholes. Where multiple wastewater pipes enter a manhole, the minimum distance between pipes, measured along the outer surface of the manhole, shall be eighteen inches (18") for cast-in-place manholes and per the manufacturer's recommendation for precast manholes. If a lesser clearance is necessary, a special structural design may be required as determined by the Executive Director of Development and Community Services, or his/her designee. Where manholes must be constructed in a floodplain, sealed manholes shall be provided to prevent the inflow of storm water. Where more than three (3) consecutive manholes are to be sealed, every 3rd manhole shall be vented two feet (2') above the ultimate 100-year water surface elevation or six feet (6') above the adjacent ground elevation, whichever is greater. The Engineer shall provide the 100-year water surface elevation on the plans, along with a reference to the source of information. Item 10 ENGINEERING DESIGN STANDARDS 3-7 A cleanout may be installed at the end of a line provided it is no more than 250 feet upstream of the nearest manhole. For a line to be extended in the future, a cleanout or manhole may be installed at the end of the line or a single joint of pipe may be installed and capped, provided that the future connection point is located outside or roadway paving. 3.12. Lift Stations and Force Mains The wastewater system shall be laid out so that all wastewater mains shall be gravity flow. The use of a wastewater lift station and force main may be approved by the Executive Director of Development and Community Services, or his/her designee and the Director of Public Works where terrain and/or municipal boundaries prohibit the extension of a wastewater main by gravity flow. All wastewater lift stations and force mains shall be designed in accordance with TCEQ requirements. The Engineer shall prepare a technical memorandum detailing the technical characteristics and design features of the wastewater lift station, including service area map with flow analysis, sizing of the wet wells, pumps, and force main. The lift station shall be connected to the Town's Supervisory Control and Data Acquisition (SCADA) system for remote monitoring of the lift station's status. The Developer shall be responsible for all costs associated with design, implementation, and testing of the lift station and related systems, including integration with the Town's existing SCADA system. Wastewater lift stations shall be surrounded by an eight-foot (8') decorative metal fence with masonry columns and a sixteen-foot (16') sliding gate. A twelve-foot (12') wide concrete drive with a twenty-foot (20’) long turnaround consisting of reinforced concrete subgrade that meets the current fire lane standards shall be provided. This drive shall be used for maintenance access to the lift station and shall provide access to the control panel and wet wells. A landscape and irrigation plan shall be provided around the lift station as determined by the Executive Director of Development and Community Services, or his/her designee. All lift stations shall provide the ability for odor control (charcoal canisters or other). Wastewater force mains shall be white-colored pressure rated PVC pipe. The minimum size for force mains shall be six inches (6") unless explicitly approved by the Executive Director of Development and Community Services, or his/her designee. Force mains shall include plug valves at 1,200' spacing along the force main to isolate segments for repair. Where force mains connect to the wastewater main, the manhole shall have a sulfate resistant coating. 3.13. Wastewater Laterals Wastewater laterals shall be designed as follows: A. Residential Subdivision Every lot shall have a minimum of one (1) wastewater lateral. Wastewater laterals for single-family, duplex, and townhome subdivisions shall consist of a minimum five-inch (5") diameter pipe on a minimum one percent (2%) grade for each lot. Laterals for single-family lots shall be located at the center of the lot. Laterals for duplex and townhome lots shall be consistently located within the development. Laterals shall have a minimum separation distance of ten feet (10') from the water service. Wastewater laterals for residential subdivisions shall be extended to a point ten feet (10') beyond the property line at a minimum depth of five feet (5') to bottom of lateral. The lateral shall then be extended upward at a 1:1 slope to a point four feet (4') above the ground elevation and capped. Item 10 ENGINEERING DESIGN STANDARDS 3-8 B. Multi-Family and Non-Residential Development Wastewater laterals for multi-family and non-residential developments shall be minimum six-inch (6") diameter pipe on a minimum two percent (2%) grade. A minimum of one lateral per building shall be provided. Laterals shall have a minimum separation distance of ten feet (10') from water services. A manhole shall be provided where the lateral connects to the wastewater main. A larger wastewater lateral may be required where peak flows are anticipated to exceed 350 gallons per minute (gpm). Examples of this may include hospitals, nursing homes, athletic facilities, hotels, high-density apartments, and manufacturing facilities. C. Restrictions Wastewater laterals shall be connected via wye fittings only. Tees and boots will not be allowed. 3.14. Trenchless Construction A. Launching and receiving pits for trenchless construction shall be a minimum of five feet (5’) from the edge of pavement. B. The location, size and depth of the launching and receiving pits for trenchless construction shall be evaluated during construction plan review. C. Approved Methods 1. Horizontal Boring: All horizontal bores shall be dry bored unless approved by the Executive Director of Development and Community Services, or his/her designee. Rust resistant steel casing minimum of one forth inch (1/4”) thick, or thicker if deemed necessary by the Design Engineer, shall be used with Raci patented casing spacers, or approved equal. 2. Pipe Jacking: Pipe shall be designed to withstand all jacking forces with a factor of safety of two (2.0) during construction. 3. Tunneling: Tunneling may be used after approval from the Executive Director of Development and Community Services, or his/her designee. D. All mains installed under existing roadways shall be installed by bore unless otherwise approved by the Executive Director of Development and Community Services, or his/her designee. Item 10 Page 1 of 2 To: Mayor and Town Council From: Steve Glass P.E., Deputy Director of Engineering Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the design of the Cook Lane and E-W Collector project. Description of Agenda Item: As part of the FY 2016-2017 Budget and Capital Improvement Plan, Town Council approved the funding for the design of the extension of Cook Lane from First Street, north to the E-W Collector and the design of the E-W Collector from Cook Lane, west to North Dallas Parkway. The scope of this contract includes right-of-way documents, geotechnical borings near the proposed box culverts and the design of a 36-foot, two-lane concrete section for Cook Lane and the E-W Collector, including a right turn lane on the North Dallas Parkway, as well as the design of the storm sewer system. The design plans are scheduled to be complete in August 2018. Per the schedule on the current Capital Improvement Plan, the construction for Cook Lane is proposed to be funded in FY 2018-2019, and the E-W Collector in FY 2019-2020. At the August 27, 2016, Town Council meeting, the Town Council approved a list of qualified engineering firms which included services for roadway design. Garver, LLC, is one of the firms included on the list. Budget Impact: The cost for the design work is $249,686.00. As part of the FY 2016-2017 budget authority and Capital Improvement Plan, Town Council approved $200,000 to fund the design of the extension of Cook Lane from First Street, north to the E-W Collector and the design of the E-W Collector from Cook Lane, west to North Dallas Parkway. The project was delayed pending the right-of-way acquisition from the adjoining property owner that determined the design location for the centerline of the E-W Collector. Included in the budget amendment request is $50,000 for additional design fees and $25,000 for land acquisition. Funding for the design work will be from Account Number 750-6610-10-00-1708 ST. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Engineering Services Agreement as to form and legality. Prosper is a place where everyone matters. ENGINEERING Item 11 Page 2 of 2 Attached Documents: 1. Professional Engineering Services Agreement 2. Location Map Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the design of the Cook Lane and E-W Collector project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Services Agreement between Garver, LLC, and the Town of Prosper, Texas, related to the design of the Cook Lane and E-W Collector project. Item 11 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 I t e m 1 1 Proposed extension of Cook Lane south to First Street and the construction of an E-W Collector from Cook to North Dallas Parkway. Item 11 Page 1 of 2 To: Mayor and Town Council From: Dudley Raymond, RLA, Parks and Recreation Director Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 2017 Agenda Item: Consider and act upon authorizing the Town Manager to execute a Professional Engineering Services Agreement between BW2 Engineers, Inc., and the Town of Prosper, Texas, related to the design of the Whitley Park Trail Extension project. Description of Agenda Item: The purpose of this project is to provide a critical link in the overall trail system on the east side of Town. This connection will be from the trail in Whitley Place Park to Prosper Road (Cockrell Elementary School) and include amenities such as picnic tables and a pavilion adjacent to the existing playground. The added amenities will ensure that residents can enjoy the area and create a safe route to school for children coming from Whitley Place. The proposed design services for the project include; design development, construction drawings, boundary and topographic surveying, hydraulic analysis and report, geotechnical exploration, and required engineering. The design scope includes approximately 2,470 linear feet of a ten-foot (10’) wide multi-use concrete trail, related improvements, and a one-hundred ten foot (110’) long by ten- foot (10’) wide pre-fabricated steel pedestrian bridge. Following an internal departmental review of potential firms, BW2 Engineers, Inc., was selected for this project. The selection was based on their previous survey and platting work of the Patin Property in 2015 (this project falls on the Patin Property), knowledge of floodplain studies, and their work on similar trail projects throughout the Dallas-Fort Worth area. This project was recently submitted to the Texas Parks & Wildlife Department for a Non-Urban Outdoor Grant, requesting funds of $500,000 towards construction of this project. Budget Impact: The budget for this agreement is $67,750.00. The funding was approved in the FY 2017-2018 Adopted Budget as a decision package and will be funded from the professional services account #620-6610-60-00-1801-PK. Legal Obligations and Review: Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard Professional Engineering Services Agreement as to form and legality. Prosper is a place where everyone matters. PARKS & RECREATION Item 12 Page 2 of 2 Attached Documents: 1. Location Map 2. Professional Engineering Services Agreement Town Staff Recommendation: Town staff recommends that the Town Council authorize the Town Manager to execute a Professional Engineering Services Agreement between BW2 Engineers, Inc., and the Town of Prosper, Texas, related to the design of the Whitley Park Trail Extension project. Proposed Motion: I move to authorize the Town Manager to execute a Professional Engineering Services Agreement between BW2 Engineers, Inc., and the Town of Prosper, Texas, related to the design of the Whitley Park Trail Extension project. Item 12 17 . 1 Ac r e s Co c k r e l l Pa r k (T o w n of Pr o s p e r ) Co c k r e l l Pa r k (T o w n of Pr o s p e r ) (8 . 4 8 ac r e s ) Cockrell Elementary School Ex i s t i n g  Pl a y g r o u n d Gr e e n b e l t (3 . 6 ac r e s ) (T o w n of Pr o s p e r ) Fl o o d Pl a i n (B l u e ) 11 0 ’ Pe d e s t r i a n Br i d g e Hi k e an d Bi k e Tr a i l (1 0 ’ ) Ex i s t i n g Hi k e an d Bi k e Tr a i l Hi k e an d Bi k e Tr a i l (1 0 ’ ) (c o n n e c t to fu t u r e Si d e w a l k ) Wh i t l e y Pl a c e Tr a i l Ex t e n s i o n > Ž Đ Ă ƚ ŝ Ž Ŷ  D Ă Ɖ  (dž Ś ŝ ď ŝ ƚ   ) Fu t u r e Fi r e St a t i o n (1 . 5 Ac r e s ) (N o t ap a r t of 17 . 1 ac r e s ) Wh i t l e y Pl a c e Pa r k  (T o w n of Pr o s p e r ) (7 . 2 7 ac r e s ) Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 1 OF 13 PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND BW2 ENGINEERS, INC. FOR THE WHITLEY PLACE TRAIL EXTENSION PROJECT (PRJ#1801-PK) This Agreement for Professional Engineering Services, hereinafter called “Agreement,” is entered into by the Town of Prosper, Texas, a municipal corporation, duly authorized to act by the Town Council of said Town, hereinafter called “Town,” and BW2 Engineers, Inc., a Texas corporation, acting through a duly authorized officer, hereinafter called “Consultant,” relative to Consultant providing professional engineering services to Town. Town and Consultant when mentioned collectively shall be referred to as the “Parties.” W I T N E S S E T H: WHEREAS, Town desires to obtain professional engineering services in connection with the Whitley Place Trail Extension Project (PRJ#1801-PK), hereinafter called “Project”; For the mutual promises and benefits herein described, Town and Consultant agree as follows: 1. Term of Agreement. This Agreement shall become effective on the date of its execution by both Parties, and shall continue in effect thereafter until terminated as provided herein. 2. Services to be Performed by Consultant. The Parties agree that Consultant shall perform such services as are set forth and described in Exhibit A - Scope of Services and incorporated herein as if written word for word. All services provided by Consultant hereunder shall be performed in accordance with the degree of care and skill ordinarily exercised under the same or similar circumstances by competent members of their profession in the locality. In case of conflict in the language of Exhibit A and this Agreement, this Agreement shall govern and control. Deviations from the Scope of Services or other provisions of this Agreement may only be made by written agreement signed by all Parties to this Agreement. 3. Prompt Performance by Consultant. Consultant shall perform all duties and services and make all decisions called for hereunder promptly and without unreasonable delay as is necessary to cause Consultant’s services hereunder to be timely and properly performed. Notwithstanding the foregoing, Consultant agrees to use diligent efforts to perform the services described herein and further defined in any specific task orders, in a manner consistent with these task orders; however, the Town understands and agrees that Consultant is retained to perform a professional service and such services must be bound, first and foremost, by the principles of sound professional judgment and reasonable diligence. 4. Compensation of Consultant. Town agrees to pay to Consultant for satisfactory completion of all services included in this Agreement a total fee of sixty seven thousand, seven hundred and fifty dollars and no cents ($67,750.00) for the Project as set forth and described in Exhibit B - Compensation Schedule and incorporated herein as if written word for word. Lump sum fees shall be billed monthly based on the percentage of completion. Hourly not to exceed fees shall be billed monthly based on hours of work that have been completed. Direct Costs for expenses such as mileage, copies, scans, sub-consultants, and similar costs are included in fees and shall be billed as completed. Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 2 OF 13 Consultant agrees to submit statements to Town for professional services no more than once per month. These statements will be based upon Consultant's actual services performed and reimbursable expenses incurred, if any, and Town shall endeavor to make prompt payments. Each statement submitted by Consultant to Town shall be reasonably itemized to show the amount of work performed during that period. If Town fails to pay Consultant within sixty (60) calendar days of the receipt of Consultant's invoice, Consultant may, after giving ten (10) days written notice to Town, suspend professional services until paid. Nothing contained in this Agreement shall require Town to pay for any work that is unsatisfactory as reasonably determined by Town or which is not submitted in compliance with the terms of this Agreement. The Scope of Services shall be strictly limited. Town shall not be required to pay any amount in excess of the original proposed amount unless Town shall have approved in writing in advance (prior to the performance of additional work) the payment of additional amounts. 5. Town’s Obligations. Town agrees that it will (i) designate a specific person as Town’s representative, (ii) provide Consultant with any previous studies, reports, data, budget constraints, special Town requirements, or other pertinent information known to Town, when necessitated by a project, (iii) when needed, assist Consultant in obtaining access to properties necessary for performance of Consultant’s work for Town, (iv) make prompt payments in response to Consultant’s statements and (v) respond in a timely fashion to requests from Consultant. Consultant is entitled to rely upon and use, without independent verification and without liability, all information and services provided by Town or Town’s representatives. 6. Ownership and Reuse of Documents. Upon completion of Consultant’s services and receipt of payment in full therefore, Consultant agrees to provide Town with copies of all materials and documents prepared or assembled by Consultant under this Agreement and that Town may use them without Consultant's permission for any purpose relating to the Project. Any reuse of the documents not relating to the Project shall be at Town's risk. Consultant may retain in its files copies of all reports, drawings, specifications and all other pertinent information for the work it performs for Town. 7. Town Objection to Personnel. If at any time after entering into this Agreement, Town has any reasonable objection to any of Engineer’s personnel, or any personnel, professionals and/or consultants retained by Engineer, Engineer shall promptly propose substitutes to whom Town has no reasonable objection, and Engineer’s compensation shall be equitably adjusted to reflect any difference in Engineer’s costs occasioned by such substitution. 8. Insurance. Consultant shall, at its own expense, purchase, maintain and keep in force throughout the duration of this Agreement applicable insurance policies as described in Exhibit C - Insurance Requirements and incorporated herein as if written word for word. Consultant shall submit to Town proof of such insurance prior to commencing any work for Town. 9. Indemnification. CONSULTANT DOES HEREBY COVENANT AND AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TOWN AND ITS OFFICIALS, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES AND INVITEES FROM AND AGAINST LIABILITY, CLAIMS, SUITS, DEMANDS AND/OR CAUSES OF ACTION, (INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY’S FEES AND COSTS OF LITIGATION), Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 3 OF 13 WHICH MAY ARISE BY REASON OF DEATH OR INJURY TO PROPERTY OR PERSONS BUT ONLY TO THE EXTENT OCCASIONED BY THE NEGLIGENT ACT, ERROR OR OMISSION OF CONSULTANT, ITS OFFICIALS, OFFICERS, AGENTS, EMPLOYEES, INVITEES OR OTHER PERSONS FOR WHOM CONSULTANT IS LEGALLY LIABLE WITH REGARD TO THE PERFORMANCE OF THIS AGREEMENT. IN THE EVENT THAT TOWN AND CONSULTANT ARE CONCURRENTLY NEGLIGENT, THE PARTIES AGREE THAT ALL LIABILITY SHALL BE CALCULATED ON A COMPARATIVE BASIS OF FAULT AND RESPONSIBILITY AND THAT NEITHER PARTY SHALL BE REQUIRED TO DEFEND OR INDEMNIFY THE OTHER PARTY FOR THAT PARTY’S NEGLIGENT OR INTENTIONAL ACTS, ERRORS OR OMISSIONS. 10. Notices. Any notices to be given hereunder by either Party to the other may be affected either by personal delivery, in writing, or by registered or certified mail to the following addresses: BW2 Engineers, Inc. Jim Waldbauer, P.E. President 1919 S. Shiloh Road Suite 500 Garland, Texas 75042 Town of Prosper Harlan Jefferson Town Manager 121 W. Broadway PO Box 307 Prosper, TX 75078 11. Termination. The obligation to provide further services under this Agreement may be terminated by either Party in writing upon thirty (30) calendar days notice. In the event of termination by Town, Consultant shall be entitled to payment for services rendered through receipt of the termination notice. 12. Sole Parties and Entire Agreement. This Agreement shall not create any rights or benefits to anyone except Town and Consultant, and contains the entire agreement between the Parties. Oral modifications to this Agreement shall have no force or effect. 13. Assignment and Delegation. Neither Town nor Consultant may assign their rights or delegate their duties without the written consent of the other Party. This Agreement is binding on Town and Consultant to the extent permitted by law. Nothing herein is to be construed as creating any personal liability on the part of any Town officer, employee or agent. 14. Texas Law to Apply; Successors; Construction. This Agreement shall be construed under and in accordance with the laws of the State of Texas. It shall be binding upon, and inure to the benefit of, the Parties hereto and their representatives, successors and assigns. Should any provisions in this Agreement later be held invalid, illegal or unenforceable, they shall be deemed void, and this Agreement shall be construed as if such provision had never been contained herein. 15. Conflict of Interest. Consultant agrees that it is aware of the prohibited interest requirements of the Town Charter and the Town’s Code of Ordinances and will abide by the same. Consultant agrees that it is further aware of the vendor disclosure requirements set forth in Chapter 176, Local Government Code, as amended, and will abide by the same. In this connection, a lawful representative of Consultant shall execute the Conflict of Interest Questionnaire, Form CIQ, attached Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 4 OF 13 hereto as Exhibit D - Conflict of Interest Questionnaire and incorporated herein as if written word for word. 16. Venue. The Parties herein agree that this Agreement shall be enforceable in Prosper, Texas, and if legal action is necessary to enforce it, exclusive venue shall lie in Collin County, Texas. 17. Mediation. In the event of any disagreement or conflict concerning the interpretation of this Agreement, and such disagreement cannot be resolved by the signatories hereto, the signatories agree to submit such disagreement to non-binding mediation. 18. Prevailing Party. In the event a Party initiates or defends any legal action or proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees (including its reasonable costs and attorney’s fees on any appeal). 19. Signatories. Town warrants and represents that the individual executing this Agreement on behalf of Town has full authority to execute this Agreement and bind Town to the same. Consultant warrants and represents that the individual executing this Agreement on its behalf has full authority to execute this Agreement and bind Consultant to same. IN WITNESS WHEREOF, the Parties, having read and understood this Agreement, have executed such in duplicate copies, each of which shall have full dignity and force as an original, on the _______ day of _______________________, 20____. BW2 ENGINEERS, INC. By: Signature Jim Waldbauer, P.E. Printed Name President Title Date TOWN OF PROSPER, TEXAS By: Signature Harlan Jefferson Printed Name Town Manager Title Date Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 5 OF 13 EXHIBIT A SCOPE OF SERVICES PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND BW2 ENGINEERS, INC. FOR THE WHITLEY PLACE TRAIL EXTENSION PROJECT (PRJ#1801-PK) I. PROJECT DESCRIPTION The Whitley Place Trail Extension Project will provide a critical link in the overall trail system by providing a connection from Whitley Place Park to Prosper Road (Cockrell Elementary School). See attached exhibit for additional information. This project generally consists of approximately 2,470 l.f. of 10’ wide multi-use concrete trail and related improvements, crossing Wilson Creek just north of Whitley Place Park with an approximate 110’ long by 10’ wide pre-fabricated steel pedestrian bridge. The estimate construction cost for this project is $559,222 (not including easements, right of way, engineering or administrative costs, or any permitting and/or mitigation costs). II. PROJECT MANAGER Jim Waldbauer, P.E. President 1919 S. Shiloh Road Suite 500 Garland, Texas 75042 jwaldbauer@bw2inc.com III. TASK SUMMARY Task 1 – Design Development BW2 will perform Design Development of the Whitley Place Trail Extension Project based on the general alignment as determined by preliminary discussions and exhibits prepared by the TOWN. BW2 will also utilize as a guide previously prepared plans for the Cockrell Park Improvements as completed by others. This task generally includes: (A) Participate in up to three (3) design meetings with representatives of the TOWN. (B) Gather data to determine requirements and constraints as they relate to design of facilities. (C) Analyze collected data. (D) Prepare a schematic alignment of the trail based on the preliminary discussions with TOWN staff, completed topographic survey and on-site field visits. (E) Examine field conditions, if required. Identify any areas requiring additional topographic survey. Task 2 – Construction Documents BW2 will perform engineering design of the Whitley Place Trail Extension Project based on the general alignment as determined by the Design Development phase. This task generally includes: (A) Participate in up to three (3) design meetings with representatives of the TOWN. Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 6 OF 13 (B) Gather data to determine requirements and constraints as they relate to design of facilities. (C) Analyze collected data. (D) Prepare a schematic alignment of the trail based on the preliminary discussions with TOWN staff, completed topographic survey and on-site field visits. (E) Examine field conditions, if required. Identify any areas requiring additional topographic survey. (F) Prepare 30% progress drawings of the proposed trail based on preliminary layouts. Furnish two (2) copies of the progress drawings to the TOWN and attend a project design review meeting with the TOWN to gather comments. The drawings will include preliminary trail alignments and profiles, general location of structures, and other major design features as needed for general overall project review. (G) Review 30% progress drawings with the TOWN and make any necessary adjustments in trail alignments and/or other appurtenances. (H) Prepare 65% progress drawings of the proposed trail design. Furnish two (2) copies of progress drawings to the TOWN for review and comment. The drawings will include design for paving, storm drain lines, pedestrian bridge, and other related improvements for the Whitley Place Trail Extension Project. (I) Coordinate with franchise utilities and NTMWD regarding location of any aerial or underground facilities. This will include meeting with these entities and responding to any comments to accommodate construction of the entire project. (J) Coordinate with various governmental agencies and third party entities, including the TOWN, with regards to design and approval of trail project. (K) Furnish to the TOWN, where required by the circumstances of the assignment, the engineering data necessary for applications for routine permits required by local, State and Federal authorities (as distinguished from detailed applications and supporting documents for government agencies such as floodplain permits or water rights applications) and assist the TOWN in procuring said permits. (L) Whenever preparation of detailed final drawings is approximately 90% complete, the ENGINEER shall: a. Furnish two (2) copies of 90% progress drawings to the TOWN for review and comment. b. Make modifications and additions to the drawings resulting from the TOWN review. c. Insert into the construction plans a set of drawings for improvements to the pavilion, plaza area, picnic tables, trash cans, etc., as prepared by the TOWN. The construction plans for these improvements will be included in the final construction plan set for bidding purposes. No design of these elements will be completed by BW2. (M) Prepare detailed 100% final drawings. (N) Prepare specifications and contract documents for the Whitley Place Trail Extension Project as one publicly bid project. (O) Furnish to the TOWN four (4) full-size copies of the final and approved drawings and specifications including digital PDF files and digital Autocad files. (P) Prepare a detailed statement of the ENGINEER’s opinion of the construction cost. The ENGINEER’s opinion of construction cost will be based on materials and labor prices prevailing at the time of preparation, without consideration of inflationary increases in costs. The ENGINEER does not warrant the accuracy of the cost estimate. Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 7 OF 13 Task 3 – Construction Administration BW2 will perform limited construction administration for the project in accordance with the final bid documents. This task generally includes: (A) Attend the pre-construction meeting with the TOWN and its authorized representatives regarding the project. (B) Assist the TOWN in the distribution of bid sets of plans and specifications (including preparation of addenda and fielding Contractor’s questions). (C) Assist the TOWN in the tabulating, and analyzing of bids for construction and advise the TOWN of action to be taken, based on the engineering considerations involved. (D) Advise and consult with the TOWN, and review relative RFI’s and Construction Submittals as requested by the TOWN. (E) Participate in three (3) on-site meetings with the TOWN to review the progression of the work and address any other input needed from the ENGINEER. (F) The ENGINEER shall be, in the first instance, the interpreter of the requirements of the construction contract documents and the impartial judge of the performance thereunder by both the TOWN and the Contractor. At the written request of the TOWN, the ENGINEER will be required to make certain interpretations of the contract documents. These interpretations shall be in the form of written recommendations and conclusions sent to the appointed representative of the TOWN. (G) The ENGINEER shall not be responsible for the acts or omissions of the Contractor, or any Subcontractor, or any of the Contractor’s or Subcontractor’s agents or employees, or any other person performing any of the work on the project, except those employees, agents and Subcontractors of the ENGINEER. Task 4 – Surveying for Design BW2 will perform surveying services for the design of the Whitley Place Trail Extension Project based on the general alignment as determined by preliminary discussions and related site improvements by others. This task generally includes: (A) Establishment of a control network utilizing GPS and Town of Prosper published datum. Unless otherwise required, horizontal datum will be NAD 83 and vertical datum will be NAVD 88. (B) Establishment of vertical control benchmarks within the project limits on existing permanent structures (minimum of 2). (C) Identify properties by subdivision, lot number, street address and/or business name. (D) Tie benchmarks to as-built plans for correlation of datum. (E) Tie right-of-way lines, property lines and corners pertinent to project corridor. (F) Locate and tie existing pavement along and through the project corridor. (G) Tie fences and other above ground ancillary features through the project corridor. (H) Tie visible water appurtenances such as water valves, water meters and fire hydrants. (I) Tie visible sanitary sewer appurtenances such as cleanouts and manholes. (J) Tie drainage structures, channels, swales, ponds and creeks. (K) Locate existing trees within the project area (6” diameter and larger), however, a Tree Mitigation Plan is not being prepared for this project. Every effort will be made for the trail alignment to avoid existing significant trees. (L) Contact Texas811 and request a “locate” of all utilities within the project limits. Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 8 OF 13 Task 5 – Hydraulic Analyses and Report BW2 will perform the following services with regard to the hydraulic analyses and report for the Whitley Place Trail Extension Project: (A) Site Visit and Discussions with Town Engineer will visit the site once to perform field reconnaissance to verify drainage basin characteristics, stream conditions, existing vegetation, and drainage structures. In addition, the Engineer shall gather available information from Town staff, and other pertinent agencies pertaining to record drawings, construction plan documents, topographic and aerial data, and other documents pertaining to the tract. The Engineer will discuss with the Town of Prosper and FEMA, the floodplain study requirements. The Engineer will gather available information from Town staff, FEMA, and other pertinent agencies pertaining to computer models, construction plan documents, topographic and aerial data, and other documents pertaining to Wilson Creek. (B) Hydraulic Modeling Engineer will secure the existing hydraulic models for Wilson Creek within the project area. The existing model and floodway model will be updated based on newly obtained topographic information. If possible, the models will be converted to HEC-RAS format. The models will be reviewed to determine resulting water surface elevations, velocities and floodway location. This updated information will serve as the existing condition model for hydraulic design calculations. The existing condition model will then be modified for the proposed trail and pedestrian bridge crossing. The initial model for proposed conditions will be based on the preliminary design plans prepared by BW2. The proposed improvements will be incorporated into the hydraulic model and resulting impacts will be determined. This will include impacts to: 1. Water surface elevations. 2. Channel and overbank velocities. 3. Valley storage within the floodplain. Based on the results of the initial analysis, BW2 will modify the proposed condition model, as necessary. These adjustments may include relocation and/or resizing of the proposed pedestrian bridge and related appurtenances in order to minimize effects to the water surface elevations, velocities, and/or valley storage. The hydraulic results and design evaluations will be summarized in a technical hydraulic report. The report will tabulate baseline conditions with respect to flood elevations, channel velocities, stream conveyance properties, and valley storage within the project area. The impacts of the proposed improvements will also be documented. The report will also outline any necessary regulatory permits that may be required to implement the proposed improvements. Engineer will provide two (2) copies of the report for review and comment, and appropriate revisions will be made. Wilson Creek has been included in the National Flood Insurance Program as a detailed study Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 9 OF 13 area. However, no documents and supporting information will be prepared for a Conditional Letter of Map Revision (CLOMR) submittal to FEMA. It is assumed that no Section 404 Permit will be required as it is the intent with the proposed pedestrian bridge to span the entire creek channel. Task 6 – Record Drawings BW2 will prepare record drawings of the construction plans after the completion of construction. The record drawings will be based on information provided by the Contractor and the Town and will also incorporate any changes to the drawings initiated by addendums and/or field changes. Task 7 – Geotechnical Exploration BW2 will retain the services of a geotechnical engineering firm to perform the following services in relation to the Whitley Place Trail Extension Project: (A) Perform the necessary soils investigation and provide recommendations for use during the design of the pedestrian bridge structural elements. This will include exploring subsurface soil conditions, obtaining physical soil properties by laboratory testing and providing recommendations for use during design of the pedestrian bridge. In general, the field investigation will consist of two (2) soil borings at the proposed bridge location, one on each side of the main channel of the creek (outside the top of bank) to a depth of 40’ below grade or 10’ into gray limestone, whichever is shallower. IV. DELIVERABLES Task 1 - Design Development Schematic Alignment Task 2 - Construction Documents 30% Construction Documents 60% Construction Documents 90% Construction Documents 100% Final Construction Documents Specifications and Contract Documents Task 3 - Construction Administration None Task 4 - Surveying for Design Final AutoCad Topographic Survey Task 5 - Hydraulic Analyses and Report Technical Hydraulic Report of the Existing and Proposed Conditions Hydrologic Model of Wilson Creek Task 6 - Record Drawings One (1) 22x34 bond copy of the record drawings One (1) 22x34 mylar copy of the record drawings One (1) PDF copy of each sheet of the record drawings One (1) DWG of the record drawings base map Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 10 OF 13 EXHIBIT B COMPENSATION SCHEDULE PROFESSIONAL ENGINEERING SERVICES AGREEMENT BETWEEN THE TOWN OF PROSPER, TEXAS, AND BW2 ENGINEERS, INC. FOR THE WHITLEY PLACE TRAIL EXTENSION PROJECT (PRJ#1801-PK) I. COMPENSATION SCHEDULE Task Completion Schedule Compensation Schedule Notice-to-Proceed 12/13/17 Task 1 - Design Development 02/01/18 $4,250 Task 2 - Construction Documents 08/01/18 $36,200 Task 3 – Construction Administration 02/01/19 $2,750 Task 4 – Surveying for Design 01/01/18 $5,400 Task 5 – Hydraulic Analysis and Report 07/01/18 $11,000 Task 6 – Record Drawings 03/01/19 $900 Task 7 – Geotechnical Exploration 05/01/18 $6,500 Reimbursable Expenses $750 Total Compensation $67,750 II. COMPENSATION SUMMARY Basic Services (Lump Sum) Amount Task 1 – Design Development $4,250 Task 2 – Construction Documents $36,200 Task 3 – Construction Administration $2,750 Task 6 – Record Drawings $900 Total Basic Services: $44,100 Special Services (Hourly Not-to-Exceed) Amount Task 4 – Surveying for Design $5,400 Task 5 – Hydraulic Analysis and Report $11,000 Task 7 – Geotechnical Exploration $6,500 Total Special Services: $22,900 Direct Expenses Amount Reimbursable Expenses (Printing, copying) $750 Total Direct Expenses: $750 Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 11 OF 13 EXHIBIT C INSURANCE REQUIREMENTS PROFESSIONAL SERVICES Services performed by consultants or other professionals, including but not limited to: Accountants, Attorneys, Architects, Engineers, Surveyors, Veterinarians, Real Estate Appraisal, Optometry, Landscape Architects, Medical Doctors, and Materials Testing. Service provider shall procure and maintain for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the vendor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the service provider. A certificate of insurance meeting all requirements and provisions outlined herein shall be provided to the Town prior to any services being performed or rendered. Renewal certificates shall also be supplied upon expiration. A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. ISO Form Number GL 00 01 (or similar form) covering Commercial General Liability. “Occurrence” form only, “claims made” forms are unacceptable, except for professional liability. 2. Workers Compensation insurance as required by the Labor Code of the State of Texas, including Employers’ Liability Insurance. 3. Automobile Liability as required by the State of Texas, covering all owned, hired, or non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used under this contract. 4. Professional Liability, also known as Errors and Omissions coverage. B. MINIMUM LIMITS OF INSURANCE Service Provider shall maintain throughout contract limits not less than: 1. Commercial General Liability: $500,000 per occurrence /$1,000,000 in the aggregate for third party bodily injury, personal injury and property damage. Policy will include coverage for: a. Premises / Operations b. Broad Form Contractual Liability c. Products and Completed Operations d. Personal Injury e. Broad Form Property Damage 2. Workers Compensation and Employer’s Liability: Workers Compensation limits as required by the Labor Code of the State of Texas and Statutory Employer’s Liability minimum limits of $100,000 each accident, $300,000 Disease- Policy Limit, and $100,000 Disease- Each Employee. 3. Automobile Liability: $500,000 Combined Single Limit. Limits can only be reduced if approved by the Town. Automobile liability shall apply to all owned, hired, and non-owned autos. 4. Professional Liability aka Errors and Omissions: $500,000 per occurrence and in the aggregate. C. DEDUCTIBLES AND SELF-INSURED RETENTIONS Any deductible or self-insured retentions in excess of $10,000 must be declared to and approved by the Town. Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 12 OF 13 D. OTHER INSURANCE PROVISIONS The policies are to contain, or be endorsed to contain the following provisions: 1. General Liability and Automobile Liability Coverages a. The Town, its officers, officials, employees, boards and commissions and volunteers are to be added as “Additional Insured’s” relative to liability arising out of activities performed by or on behalf of the provider, products and completed operations of the provider, premises owned, occupied or used by the provider. The coverage shall contain no special limitations on the scope of protection afforded to the Town, its officers, officials, employees or volunteers. b. The provider’s insurance coverage shall be primary insurance in respects to the Town, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Town, its officers, officials, employees or volunteers shall be in excess of the provider’s insurance and shall not contribute with it. c. Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Town, its officers, officials, employees, boards and commissions or volunteers. d. The provider’s insurance shall apply separately to each insured against whom the claim is made or suit is brought, except to the insured’s limits of liability. 2. Workers Compensation and Employer’s Liability Coverage: The insurer shall agree to waive all rights of subrogation against the Town, its officers, officials, employees and volunteers for losses arising from work performed by the provider for the Town. 3. All Coverages: Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled or non-renewed by either party, reduced in coverage or in limits except after 30 days written notice to the Town for all occurrences, except 10 days written notice to the Town for non-payment. 4. Professional Liability and / or Errors and Omissions: “Claims made” policy is acceptable coverage which must be maintained during the course of the project, and up to two (2) years after completion and acceptance of the project by the Town. E. ACCEPTABILITY OF INSURERS The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no less than A- VI, or better. F. VERIFICATION OF COVERAGE Service Provider shall provide the Town with certificates of insurance indicating the coverages required. The certificates are to be signed by a person authorized by that insurer to bind coverage on its behalf. Certificates of insurance similar to the ACORD Form are acceptable. Town will not accept Memorandums of Insurance or Binders as proof of insurance. The Town reserves the right to require complete, certified copies of all required insurance policies at any time. Item 12 PROFESSIONAL ENGINEERING SERVICES AGREEMENT PAGE 13 OF 13 EXHIBIT D Item 12 Page 1 of 2 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 2017 Agenda Item: Discussion on adopting the 2015 International Property Maintenance Code. Background/Description of Agenda Item: At the October 10, 2017, Town Council meeting, staff brought this to the Council’s attention and noted the need to adopt the most current version of the Property Maintenance Code. The Town currently operates under the 2006 International Property Maintenance Code. Similar to the recently adopted Food Establishment Ordinance, staff wants to ensure we strive to keep current with adopted codes pertaining to public health, safety, and welfare. While the Property Maintenance Code provides standards for interiors of structures, its primary use in Prosper is to: 1) provide the necessary standards and tools to maintain the integrity of the exterior of structures and properties; 2) prevent the decline or blighting effects on neighborhoods; 3)ensure property values are protected; and 4) that the quality of life is preserved in the Town. For the most part, the changes between the 2006 and 2015 Codes are technical but reflect the recognized best practices. The list of key changes is attached. As with the 2005 Property Maintenance Code, the new version when brought to the Council for adoption by ordinance will contain a list of “local amendments.” This is similar to the Town’s building, electrical, plumbing, etc., codes that ensure the adopted version does not conflict with other codes in the Town, nor mandates desired lesser or greater standards. As an example, an area in the 2015 Property Maintenance Code which is silent is bulk trash. Staff is suggesting the local amendment require that bulk waste not be placed at its collection point no earlier than five (5)days prior to the scheduled pick up date. This is in response to numerous complaints in the older neighborhoods. It is also important to note the 2015 International Property Maintenance Code will serve as the base guide for developing the multifamily rental inspection program as previously discussed with the Town Council. Prosper is a place where everyone matters. PLANNING Item 13 Page 2 of 2 Attached Documents: 1. List of Key Changes between the 2006 and 2015 Property Maintenance Codes 2. 2015 International Property Maintenance Code Town Staff Recommendation: Town recommends that the Town Council provide feedback and direction. Per the feedback, staff and the Town Attorney will prepare an ordinance adopting the 2015 International Property Maintenance Code with the local amendments for action by the Town Council at a future meeting. Item 13 Key Property Maintenance Code Changes between 2006 and 2016 Chapter 1 101.2 Adds “owners authorized agents” (added throughout the code) 102.10 Clarifies the PMC does not nullify other local, state or federal codes 103.2 Removes language regarding removal of code official (authority delegated to the town) 1034.1 Adds language regarding defense of charges or suits against code official is responsibility of the jurisdiction 103.5 Fees – Need to note local amendment stating fees shall be established in the Town of Prosper Appendix A as it exists or may be amended. Deleted section regarding ability of the code officer to adopt and promulgate rules 104.3 Clarifies code officer’s “right of entry” to conduct inspections 108.1.5 New section defining “dangerous structure or premise.” 108.2.1 New section providing authority to disconnect utilities on vacant structures. 108.6 New section requiring owner to abate unsafe conditions of a structure. 108.7 New section requiring code official to create a report of the unsafe condition 110.0 In lieu of demolition, new option to board up the structure for future repairs of dilapidated or dangerous structures for up to one year unless more time granted by building official Chapter 2 Definitions: adding the following new terms • Anchored • Cost of Such Demolition or Repairs • Detached • Deterioration • Equipment Support • Historic Building • Neglect • Pest Elimination • Ultimate Deformation Chapter 3 General Requirements 304.1.1 Added specific list of criteria for unsafe conditions for the exterior of structures 304.19 Added provision for the maintenance of exterior gates 305.1.1 Added specific list of criteria for unsafe conditions for the interior of structures 306 Added specific list of criteria for unsafe conditions for all other components of structures and equipment Item 13 Chapter 6 Mechanical and Electrical Requirements 604.3 Added list of electrical components which may be repaired 605.4 Added provision prohibiting flexible cords to be used as permanent wiring Item 13 Item 13 2015 IPMC® INTERNATIONAL Property Maintenance Code® CODE ALERT! Subscribe now to receive critical code updates. Signup is easy! www.iccsafe.org/2015alert Item 13 2015 International Property Maintenance Code® First Printing: May 2014 Second Printing: July 2014 Third Printing: May 2015 Fourth Printing: December 2015 ISBN: 978-1-60983-484-5 (soft-cover edition) COPYRIGHT © 2014 by INTERNATIONAL CODE COUNCIL, INC. Date of First Publication: May 30, 2014 ALL RIGHTS RESERVED. This 2015 International Property Maintenance Code® is a copyrighted work owned by the Interna- tional Code Council, Inc. Without advance written permission from the copyright owner, no part of this book may be repro- duced, distributed or transmitted in any form or by any means, including, without limitation, electronic, optical or mechanical means (by way of example, and not limitation, photocopying or recording by or in an information storage retrieval system). For information on permission to copy material exceeding fair use, please contact: Publications, 4051 West Flossmoor Road, Coun- try Club Hills, IL 60478. Phone 1-888-ICC-SAFE (422-7233). Trademarks: “International Code Council,” the “International Code Council” logo and the “International Property Maintenance Code” are trademarks of the International Code Council, Inc. T018515 PRINTED IN THE U.S.A. Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®iii PREFACE Introduction Internationally, code officials recognize the need for a modern, up-to-date property maintenance code governing the maintenance of existing buildings. The International Property Maintenance Code, in this 2015 edition, is designed to meet this need through model code regulations that con- tain clear and specific property maintenance requirements with required property improvement provisions. This 2015 edition is fully compatible with all of the International Codes (I-Codes) published by the International Code Council (ICC), including the International Building Code, International Energy Conservation Code, International Existing Building Code, International Fire Code, Interna- tional Fuel Gas Code, International Green Construction Code, International Mechanical Code, ICC Performance Code, International Plumbing Code, International Private Sewage Disposal Code, International Residential Code, International Swimming Pool and Spa Code, International Wildland-Urban Interface Code and International Zoning Code. The International Property Maintenance Code requirements provide many benefits, among which is the model code development process that offers an international forum for code officials and other interested parties to discuss performance and prescriptive code requirements. This forum provides an excellent arena to debate proposed revisions. This model code also encourages international consistency in the application of provisions. Development The first edition of the International Property Maintenance Code (1998) was the culmination of an effort initiated in 1996 by a code development committee appointed by ICC and consisting of repre- sentatives of the three statutory members of the International Code Council at that time, including: Building Officials and Code Administrators International, Inc. (BOCA), International Conference of Building Officials (ICBO) and Southern Building Code Congress International (SBCCI). The committee drafted a comprehensive set of regulations for existing buildings that was consistent with the exist- ing model property maintenance codes at the time. This 2015 edition presents the code as originally issued, with changes reflected through the previous 2012 edition and further changes developed through the ICC Code Development Process through 2013. A new edition of the code is promul- gated every 3 years. This code is founded on principles intended to establish provisions consistent with the scope of a property maintenance code that adequately protects public health, safety and welfare; provisions that do not unnecessarily increase construction costs; provisions that do not restrict the use of new materials, products or methods of construction; and provisions that do not give preferential treat- ment to particular types or classes of materials, products or methods of construction. Adoption The International Code Council maintains a copyright in all of its codes and standards. Maintaining copyright allows ICC to fund its mission through sales of books, in both print and electronic formats. The International Property Maintenance Code is designed for adoption and use by jurisdictions that recognize and acknowledge the ICC’s copyright in the code, and further acknowledge the substan- tial shared value of the public/private partnership for code development between jurisdictions and the ICC. The ICC also recognizes the need for jurisdictions to make laws available to the public. All ICC codes and ICC standards, along with the laws of many jurisdictions, are available for free in a non- downloadable form on the ICC’s website. Jurisdictions should contact the ICC at adoptions@icc- safe.org to learn how to adopt and distribute laws based on the International Property Maintenance Code in a manner that provides necessary access, while maintaining the ICC’s copyright. Item 13 iv 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Maintenance The International Property Maintenance Code is kept up to date through the review of proposed changes submitted by code enforcing officials, industry representatives, design professionals and other interested parties. Proposed changes are carefully considered through an open code develop- ment process in which all interested and affected parties may participate. The contents of this work are subject to change through both the code development cycles and the governmental body that enacts the code into law. For more information regarding the code development process, contact the Codes and Standards Development Department of the Interna- tional Code Council. While the development procedure of the International Property Maintenance Code ensures the highest degree of care, the ICC, its members and those participating in the development of this code do not accept any liability resulting from compliance or noncompliance with the provisions because the ICC does not have the power or authority to police or enforce compliance with the contents of this code. Only the governmental body that enacts the code into law has such authority. Code Development Committee Responsibilities (Letter Designations in Front of Section Numbers In each code development cycle, proposed changes to this code are considered at the Committee Action Hearings by the International Property Maintenance/Zoning Code Development Committee, whose action constitutes a recommendation to the voting membership for final action on the pro- posed changes. Proposed changes to a code section having a number beginning with a letter in brackets are considered by a different code development committee. For example, proposed changes to code sections that have the letter [F] in front of them (e.g., [F] 704.1) are considered by the International Fire Code Development Committee at the Committee Action Hearings. The content of sections in this code that begin with a letter designation is maintained by another code development committee in accordance with the following: [A] = Administrative Code Development Committee; [F] = International Fire Code Development Committee; [P] = International Plumbing Code Development Committee; [BE] = IBC – Means of Egress Code Development Committee; and [BG]= IBC – General Code Development Committee. For the development of the 2018 edition of the I-Codes, there will be three groups of code devel- opment committees and they will meet in separate years. Note that these are tentative groupings. 0b_pref_ipmc_15.fm Page iv Friday, May 2, 2014 12:05 PM Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®v Note: Proposed changes to the ICC Performance Code will be heard by the Code Development Committee noted in brackets [ ] in the text of the code. Code change proposals submitted for code sections that have a letter designation in front of them will be heard by the respective committee responsible for such code sections. Because differ- ent committees hold code development hearings in different years, it is possible that some propos- als for this code will be heard by committees in both the 2015 (Group A) and the 2016 (Group B) code development cycles. For instance, every section of Chapter 1 of this code is designated as the responsibility of the Administrative Code Development Committee, and that committee is part of the Group B portion of the hearings. This committee will hold its code development hearings in 2016 to consider all code change proposals for Chapter 1 of this code and proposals for Chapter 1 of all I-Codes except the International Energy Conservation Code, International Residential Code and ICC Performance Code. Therefore, any proposals received for Chapter 1 of this code will be assigned to the Administrative Code Development Committee for consideration in 2016. It is very important that anyone submitting code change proposals understand which code devel- opment committee is responsible for the section of the code that is the subject of the code change proposal. For further information on the code development committee responsibilities, please visit the ICC website at www.iccsafe.org/scoping. Marginal Markings Solid vertical lines in the margins within the body of the code indicate a technical change from the requirements of the 2012 edition. Deletion indicators in the form of an arrow ( ) are provided in the margin where an entire section, paragraph, exception or table has been deleted or an item in a list of items or a table has been deleted. A single asterisk [*] placed in the margin indicates that text or a table has been relocated within the code. A double asterisk [**] placed in the margin indicates that the text or table immediately Group A Codes (Heard in 2015, Code Change Proposals Deadline: January 12, 2015) Group B Codes (Heard in 2016, Code Change Proposals Deadline: January 11, 2016) Group C Codes (Heard in 2017, Code Change Proposals Deadline: January 11, 2017) International Building Code – Fire Safety (Chapters 7, 8, 9, 14, 26) – Means of Egress (Chapters 10, 11, Appendix E) – General (Chapters 2-6, 12, 27-33, Appendices A, B, C, D, K) Administrative Provisions (Chapter 1 of all codes except IRC and IECC, adminis- trative updates to currently referenced standards, and designated definitions) International Green Construction Code International Fuel Gas Code International Building Code – Structural (Chapters 15-25, Appendices F, G, H, I, J, L, M) International Existing Building Code International Energy Conservation Code International Mechanical Code International Fire Code International Plumbing Code International Residential Code – IRC-B (Chapters 1-10, Appendices E, F, H, J, K, L M, O, R, S, T, U) International Private Sewage Disposal Code International Wildland-Urban Interface Code International Property Maintenance Code International Residential Code – IRC-Mechanical (Chapters 12-24) – IRC-Plumbing (Chapter 25-33, Appendices G, I, N, P) International Swimming Pool and Spa Code International Zoning Code 0b_pref_ipmc_15.fm Page v Friday, May 2, 2014 11:34 AM Item 13 vi 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® following it has been relocated there from elsewhere in the code. The following table indicates such relocations in the 2015 edition of the International Property Maintenance Code. Italicized Terms Selected terms set forth in Chapter 2, Definitions, are italicized where they appear in code text. Such terms are not italicized where the definition set forth in Chapter 2 does not impart the intended meaning in the use of the term. The terms selected have definitions that the user should read carefully to facilitate better understanding of the code. 2015 LOCATION 2012 LOCATION None None 0b_pref_ipmc_15.fm Page vi Friday, May 2, 2014 11:35 AM Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®vii EFFECTIVE USE OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE The International Property Maintenance Code (IPMC) is a model code that regulates the minimum maintenance requirements for existing buildings. The IPMC is a maintenance document intended to establish minimum maintenance standards for basic equipment, light, ventilation, heating, sanitation and fire safety. Responsibility is fixed among owners, operators and occupants for code compliance. The IPMC provides for the regulation and safe use of existing structures in the interest of the social and economic welfare of the community. Arrangement and Format of the 2015 IPMC Before applying the requirements of the IPMC it is beneficial to understand its arrangement and for- mat. The IPMC, like other codes published by ICC, is arranged and organized to follow sequential steps that generally occur during an inspection. The IPMC is divided into eight different parts: The following is a chapter-by-chapter synopsis of the scope and intent of the provisions of the Inter- national Property Maintenance Code: Chapter 1 Scope and Administration. This chapter contains provisions for the application, enforcement and administration of subsequent requirements of the code. In addition to establish- ing the scope of the code, Chapter 1 identifies which buildings and structures come under its pur- view. Chapter 1 is largely concerned with maintaining “due process of law” in enforcing the property maintenance criteria contained in the body of the code. Only through careful observation of the administrative provisions can the building official reasonably expect to demonstrate that “equal protection under the law” has been provided. Chapter 2 Definitions. All terms that are defined in the code are listed alphabetically in Chapter 2. While a defined term may be used in one chapter or another, the meaning provided in Chapter 2 is applicable throughout the code. Where understanding of a term’s definition is especially key to or necessary for understanding of a particular code provision, the term is shown in italics wherever it appears in the code. This is true only for those terms that have a meaning that is unique to the code. In other words, the generally understood meaning of a term or phrase might not be sufficient or consistent with the meaning pre- scribed by the code; therefore, it is essential that the code-defined meaning be known. Guidance is provided regarding tense, gender and plurality of defined terms as well as terms not defined in this code. Chapters Subjects 1 Administration 2 Definitions 3 General Requirements 4 Light, Ventilation and Occupancy Limitations 5 Plumbing Facilities and Fixture Requirements 6 Mechanical and Electrical Requirements 7 Fire Safety Requirements 8 Referenced Standards Item 13 viii 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Chapter 3 General Requirements. Chapter 3, “General Requirements,” is broad in scope. It includes a variety of requirements for the exterior property areas as well as the interior and exterior elements of the structure. This chapter provides requirements that are intended to maintain a min- imum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building’s structural and weather-resistance performance. Chapter 3 provides specific criteria for regulating the installation and maintenance of specific building components; mainte- nance requirements for vacant structures and land; requirements regulating the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; accessory structures; vehicle storage regulations and establishes who is responsible for complying with the chapter’s provisions. This chapter also contains the requirements for swimming pools, spas and hot tubs and the requirements for protective barriers and gates in these barriers. Chapter 3 establishes the responsible parties for exterminating insects and rodents, and maintaining sanitary conditions in all types of occupancies. Chapter 4 Light, Ventilation and Occupancy Limitations. The purpose of Chapter 4 is to set forth these requirements in the code and to establish the minimum environment for occupiable and habitable buildings, by establishing the minimum criteria for light and ventilation and identifies occupancy limitations including minimum room width and area, minimum ceiling height and restric- tions to prevent overcrowding. This chapter also provides for alternative arrangements of windows and other devices to comply with the requirements for light and ventilation and prohibits certain room arrangements and occupancy uses. Chapter 5 Plumbing Facilities and Fixture Requirements. Chapter 5 establishes the mini- mum criteria for the installation, maintenance and location of plumbing systems and facilities, including the water supply system, water heating appliances, sewage disposal system and related plumbing fixtures. Sanitary and clean conditions in occupied buildings are dependent upon certain basic plumbing principles, including providing potable water to a building, providing the basic fixtures to effectively utilize that water and properly removing waste from the building. Chapter 5 establishes the mini- mum criteria to verify that these principles are maintained throughout the life of a building. Chapter 6 Mechanical and Electrical Requirements. The purpose of Chapter 6 is to establish minimum performance requirements for heating, electrical and mechanical facilities and to estab- lish minimum standards for the safety of these facilities. This chapter establishes minimum criteria for the installation and maintenance of the following: heating and air-conditioning equipment, appliances and their supporting systems; water heating equipment, appliances and systems; cooking equipment and appliances; ventilation and exhaust equipment; gas and liquid fuel distribution piping and components; fireplaces and solid fuel-burning appliances; chimneys and vents; electrical services; lighting fixtures; electrical receptacle outlets; electrical distribution system equipment, devices and wiring; and elevators, escalators and dumb- waiters. Chapter 7 Fire Safety Requirements. The purpose of Chapter 7 is to address those fire hazards that arise as the result of a building’s occupancy. It also provides minimum requirements for fire safety issues that are most likely to arise in older buildings. This chapter contains requirements for means of egress in existing buildings, including path of travel, required egress width, means of egress doors and emergency escape openings. Chapter 7 establishes the minimum requirements for fire safety facilities and fire protection sys- tems, as these are essential fire safety systems. Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®ix Chapter 8 Referenced Standards. The code contains numerous references to standards that are used to regulate materials and methods of construction. Chapter 8 contains a comprehensive list of all standards that are referenced in the code. The standards are part of the code to the extent of the reference to the standard. Compliance with the referenced standard is necessary for compli- ance with this code. By providing specifically adopted standards, the construction and installation requirements necessary for compliance with the code can be readily determined. The basis for code compliance is, therefore, established and available on an equal basis to the code official, contractor, designer and owner. Chapter 8 is organized in a manner that makes it easy to locate specific standards. It lists all of the referenced standards, alphabetically, by acronym of the promulgating agency of the standard. Each agency’s standards are then listed in either alphabetical or numeric order based upon the stan- dard identification. The list also contains the title of the standard; the edition (date) of the standard referenced; any addenda included as part of the ICC adoption; and the section or sections of this code that reference the standard. Item 13 x 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®xi LEGISLATION Jurisdictions wishing to adopt the 2015 International Property Maintenance Code as an enforceable regulation governing exist- ing structures and premises should ensure that certain factual information is included in the adopting legislation at the time adop- tion is being considered by the appropriate governmental body. The following sample adoption legislation addresses several key elements, including the information required for insertion into the code text. SAMPLE LEGISLATION FOR ADOPTION OF THE INTERNATIONAL PROPERTY MAINTENANCE CODE ORDINANCE NO.________ A[N] [ORDINANCE/STATUTE/REGULATION] of the [JURISDICTION] adopting the 2015 edition of the International Property Main- tenance Code, regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures in the [JURISDICTION]; providing for the issuance of permits and collection of fees therefor; repealing [ORDINANCE/STATUTE/REGULATION] No. ______ of the [JURISDICTION] and all other ordinances or parts of laws in conflict therewith. The [GOVERNING BODY] of the [JURISDICTION] does ordain as follows: Section 1. That a certain document, three (3) copies of which are on file in the office of the [TITLE OF JURISDICTION’S KEEPER OF RECORDS] of [NAME OF JURISDICTION], being marked and designated as the International Property Maintenance Code, 2015 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the [JURISDICTION], in the State of [STATE NAME] for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and struc- tures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the [JURISDICTION] are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in Sec- tion 2 of this ordinance. Section 2. The following sections are hereby revised: Section 101.1. Insert: [NAME OF JURISDICTION] Section 103.5. Insert: [APPROPRIATE SCHEDULE] Section 112.4. Insert: [DOLLAR AMOUNT IN TWO LOCATIONS] Section 302.4. Insert: [HEIGHT IN INCHES] Section 304.14. Insert: [DATES IN TWO LOCATIONS] Section 602.3. Insert: [DATES IN TWO LOCATIONS] Section 602.4. Insert: [DATES IN TWO LOCATIONS] Section 3. That [ORDINANCE/STATUTE/REGULATION] No. ______ of [JURISDICTION] entitled [FILL IN HERE THE COMPLETE TITLE OF THE LEGISLATION OR LAWS IN EFFECT AT THE PRESENT TIME SO THAT THEY WILL BE REPEALED BY DEFINITE MEN- TION] and all other ordinances or parts of laws in conflict herewith are hereby repealed. Section 4. That if any section, subsection, sentence, clause or phrase of this legislation is, for any reason, held to be unconstitu- tional, such decision shall not affect the validity of the remaining portions of this ordinance. The [GOVERNING BODY] hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 5. That nothing in this legislation or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired Item 13 xii 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® or existing, under any act or ordinance hereby repealed as cited in Section 3 of this law; nor shall any just or legal right or rem- edy of any character be lost, impaired or affected by this legislation. Section 6. That the [JURISDICTION’S KEEPER OF RECORDS] is hereby ordered and directed to cause this legislation to be pub- lished. (An additional provision may be required to direct the number of times the legislation is to be published and to specify that it is to be in a newspaper in general circulation. Posting may also be required.) Section 7. That this law and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effect [TIME PERIOD] from and after the date of its final passage and adoption. Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®xiii TABLE OF CONTENTS CHAPTER 1 SCOPE AND ADMINISTRATION . . . . 1 PART 1—SCOPE AND APPLICATION. . . . . . . . . . . . . 1 Section 101 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 102 Applicability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PART 2—ADMINISTRATION AND ENFORCEMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Section 103 Department of Property Maintenance Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 104 Duties and Powers of the Code Official. . . . . . . . . 2 105 Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 106 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 107 Notices and Orders. . . . . . . . . . . . . . . . . . . . . . . . . 3 108 Unsafe Structures and Equipment . . . . . . . . . . . . . 4 109 Emergency Measures . . . . . . . . . . . . . . . . . . . . . . . 5 110 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 111 Means of Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . 6 112 Stop Work Order . . . . . . . . . . . . . . . . . . . . . . . . . . 7 CHAPTER 2 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . 9 Section 201 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 202 General Definitions . . . . . . . . . . . . . . . . . . . . . . . . 9 CHAPTER 3 GENERAL REQUIREMENTS. . . . . . . 11 Section 301 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 302 Exterior Property Areas . . . . . . . . . . . . . . . . . . . . 11 303 Swimming Pools, Spas and Hot Tubs . . . . . . . . . 11 304 Exterior Structure . . . . . . . . . . . . . . . . . . . . . . . . . 12 305 Interior Structure . . . . . . . . . . . . . . . . . . . . . . . . . 13 306 Component Serviceability . . . . . . . . . . . . . . . . . . 14 307 Handrails and Guardrails . . . . . . . . . . . . . . . . . . . 15 308 Rubbish and Garbage . . . . . . . . . . . . . . . . . . . . . . 15 309 Pest Elimination . . . . . . . . . . . . . . . . . . . . . . . . . . 15 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS . . . . . . 17 Section 401 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 402 Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 403 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 404 Occupancy Limitations . . . . . . . . . . . . . . . . . . . . 17 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS . . . . . . . 19 Section 501 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 502 Required Facilities. . . . . . . . . . . . . . . . . . . . . . . . 19 503 Toilet Rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 504 Plumbing Systems and Fixtures. . . . . . . . . . . . . . 19 505 Water System. . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 506 Sanitary Drainage System . . . . . . . . . . . . . . . . . . 20 507 Storm Drainage . . . . . . . . . . . . . . . . . . . . . . . . . . 20 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS. . . . . . . . . . . . . . . . . 21 Section 601 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 602 Heating Facilities. . . . . . . . . . . . . . . . . . . . . . . . . 21 603 Mechanical Equipment . . . . . . . . . . . . . . . . . . . . 21 604 Electrical Facilities. . . . . . . . . . . . . . . . . . . . . . . . 21 605 Electrical Equipment . . . . . . . . . . . . . . . . . . . . . . 22 606 Elevators, Escalators and Dumbwaiters. . . . . . . . 22 607 Duct Systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 CHAPTER 7 FIRE SAFETY REQUIREMENTS . . . 25 Section 701 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 702 Means of Egress. . . . . . . . . . . . . . . . . . . . . . . . . . 25 703 Fire-resistance Ratings. . . . . . . . . . . . . . . . . . . . . 25 704 Fire Protection Systems . . . . . . . . . . . . . . . . . . . . 25 CHAPTER 8 REFERENCED STANDARDS. . . . . . . 27 APPENDIX A BOARDING STANDARD. . . . . . . . . . . 29 Section A101 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 A102 Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 A103 Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 A104 Referenced Standard . . . . . . . . . . . . . . . . . . . . . . 29 INDEX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 0e_TOC_ipmc_15.fm Page xiii Friday, May 2, 2014 11:37 AM Item 13 xiv 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®1 CHAPTER 1 SCOPE AND ADMINISTRATION PART 1 — SCOPE AND APPLICATION SECTION 101 GENERAL [A] 101.1 Title. These regulations shall be known as the International Property Maintenance Code of [NAME OF JURISDICTION], hereinafter referred to as “this code.” [A] 101.2 Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary mainte- nance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties. [A] 101.3 Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occu- pancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provi- sions shall be altered or repaired to provide a minimum level of health and safety as required herein. [A] 101.4 Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code. SECTION 102 APPLICABILITY [A] 102.1 General. Where there is a conflict between a gen- eral requirement and a specific requirement, the specific requirement shall govern. Where differences occur between provisions of this code and the referenced standards, the pro- visions of this code shall apply. Where, in a specific case, dif- ferent sections of this code specify different requirements, the most restrictive shall govern. [A] 102.2 Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, owner’s authorized agent, operator or occupant shall cause any service, facility, equipment or utility that is required under this section to be removed from, shut off from or discontinued for any occupied dwelling, except for such temporary interruption as necessary while repairs or altera- tions are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing struc- tures. Except as otherwise specified herein, the owner or the owner’s authorized agent shall be responsible for the mainte- nance of buildings, structures and premises. [A] 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the International Building Code, International Existing Building Code, International Energy Conservation Code, Interna- tional Fire Code, International Fuel Gas Code, International Mechanical Code, International Residential Code, Interna- tional Plumbing Code and NFPA 70. Nothing in this code shall be construed to cancel, modify or set aside any provi- sion of the International Zoning Code. [A] 102.4 Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and insanitary. [A] 102.5 Workmanship. Repairs, maintenance work, alter- ations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions. [A] 102.6 Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings where such buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare. [A] 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 8 and considered part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Exception: Where enforcement of a code provision would violate the conditions of the listing of the equipment or appliance, the conditions of the listing shall apply. [A] 102.7.1 Conflicts. Where conflicts occur between pro- visions of this code and the referenced standards, the pro- visions of this code shall apply. [A] 102.7.2 Provisions in referenced codes and stan- dards. Where the extent of the reference to a referenced code or standard includes subject matter that is within the scope of this code, the provisions of this code, as applica- ble, shall take precedence over the provisions in the refer- enced code or standard. [A] 102.8 Requirements not covered by code. Require- ments necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the pub- Item 13 SCOPE AND ADMINISTRATION 2 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® lic safety, health and general welfare, not specifically covered by this code, shall be determined by the code official. [A] 102.9 Application of references. References to chapter or section numbers, or to provisions not specifically identi- fied by number, shall be construed to refer to such chapter, section or provision of this code. [A] 102.10 Other laws. The provisions of this code shall not be deemed to nullify any provisions of local, state or federal law. PART 2 — ADMINISTRATION AND ENFORCEMENT SECTION 103 DEPARTMENT OF PROPERTY MAINTENANCE INSPECTION [A] 103.1 General. The department of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. [A] 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction. [A] 103.3 Deputies. In accordance with the prescribed proce- dures of this jurisdiction and with the concurrence of the appointing authority, the code official shall have the authority to appoint a deputy(s). Such employees shall have powers as delegated by the code official. [A] 103.4 Liability. The code official, member of the board of appeals or employee charged with the enforcement of this code, while acting for the jurisdiction, in good faith and with- out malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not thereby be ren- dered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. [A] 103.4.1 Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the juris- diction until the final termination of the proceedings. The code official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code. [A] 103.5 Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule. [JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] SECTION 104 DUTIES AND POWERS OF THE CODE OFFICIAL [A] 104.1 General. The code official is hereby authorized and directed to enforce the provisions of this code. The code official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically pro- vided for in this code. [A] 104.2 Inspections. The code official shall make all of the required inspections, or shall accept reports of inspection by approved agencies or individuals. Reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The code official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority. [A] 104.3 Right of entry. Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the code official has reasonable cause to believe that there exists in a structure or upon a premises a condition in viola- tion of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or per- form the duties imposed by this code, provided that if such structure or premises is occupied the code official shall pres- ent credentials to the occupant and request entry. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent or other person having charge or control of the structure or premises and request entry. If entry is refused, the code official shall have recourse to the remedies provided by law to secure entry. [A] 104.4 Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code. [A] 104.5 Notices and orders. The code official shall issue all necessary notices or orders to ensure compliance with this code. [A] 104.6 Department records. The code official shall keep official records of all business and activities of the depart- ment specified in the provisions of this code. Such records shall be retained in the official records for the period required for retention of public records. SECTION 105 APPROVAL [A] 105.1 Modifications. Whenever there are practical diffi- culties involved in carrying out the provisions of this code, the code official shall have the authority to grant modifica- tions for individual cases upon application of the owner or owner’s authorized agent, provided the code official shall first find that special individual reason makes the strict letter of this code impractical, the modification is in compliance with the intent and purpose of this code and that such modifi- cation does not lessen health, life and fire safety require- ments. The details of action granting modifications shall be recorded and entered in the department files. [A] 105.2 Alternative materials, methods and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any method of con- struction not specifically prescribed by this code, provided Item 13 SCOPE AND ADMINISTRATION 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®3 that any such alternative has been approved. An alternative material or method of construction shall be approved where the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the pur- pose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, dura- bility and safety. Where the alternative material, design or method of construction is not approved, the code official shall respond in writing, stating the reasons the alternative was not approved. [A] 105.3 Required testing. Whenever there is insufficient evidence of compliance with the provisions of this code or evidence that a material or method does not conform to the requirements of this code, or in order to substantiate claims for alternative materials or methods, the code official shall have the authority to require tests to be made as evidence of compliance at no expense to the jurisdiction. [A] 105.3.1 Test methods. Test methods shall be as speci- fied in this code or by other recognized test standards. In the absence of recognized and accepted test methods, the code official shall be permitted to approve appropriate testing procedures performed by an approved agency. [A] 105.3.2 Test reports. Reports of tests shall be retained by the code official for the period required for retention of public records. [A] 105.4 Used material and equipment. The use of used materials that meet the requirements of this code for new materials is permitted. Materials, equipment and devices shall not be reused unless such elements are in good repair or have been reconditioned and tested where necessary, placed in good and proper working condition and approved by the code official. [A] 105.5 Approved materials and equipment. Materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval. [A] 105.6 Research reports. Supporting data, where neces- sary to assist in the approval of materials or assemblies not specifically provided for in this code, shall consist of valid research reports from approved sources. SECTION 106 VIOLATIONS [A] 106.1 Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code. [A] 106.2 Notice of violation. The code official shall serve a notice of violation or order in accordance with Section 107. [A] 106.3 Prosecution of violation. Any person failing to comply with a notice of violation or order served in accor- dance with Section 107 shall be deemed guilty of a misde- meanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liabil- ity offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the struc- ture is located and shall be a lien upon such real estate. [A] 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be prosecuted within the limits provided by state or local laws. Each day that a vio- lation continues after due notice has been served shall be deemed a separate offense. [A] 106.5 Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. SECTION 107 NOTICES AND ORDERS [A] 107.1 Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3. [A] 107.2 Form. Such notice prescribed in Section 107.1 shall be in accordance with all of the following: 1. Be in writing. 2. Include a description of the real estate sufficient for identification. 3. Include a statement of the violation or violations and why the notice is being issued. 4. Include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code. 5. Inform the property owner or owner’s authorized agent of the right to appeal. 6. Include a statement of the right to file a lien in accor- dance with Section 106.3. [A] 107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is: 1. Delivered personally; 2. Sent by certified or first-class mail addressed to the last known address; or 3. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicu- ous place in or about the structure affected by such notice. Item 13 SCOPE AND ADMINISTRATION 4 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® [A] 107.4 Unauthorized tampering. Signs, tags or seals posted or affixed by the code official shall not be mutilated, destroyed or tampered with, or removed without authoriza- tion from the code official. [A] 107.5 Penalties. Penalties for noncompliance with orders and notices shall be as set forth in Section 106.4. [A] 107.6 Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dis- pose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with, or until such owner or the owner’s authorized agent shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall fur- nish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowl- edging the receipt of such compliance order or notice of vio- lation and fully accepting the responsibility without condition for making the corrections or repairs required by such com- pliance order or notice of violation. SECTION 108 UNSAFE STRUCTURES AND EQUIPMENT [A] 108.1 General. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, such struc- ture shall be condemned pursuant to the provisions of this code. [A] 108.1.1 Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occu- pants in the event of fire, or because such structure con- tains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construc- tion or unstable foundation, that partial or complete col- lapse is possible. [A] 108.1.2 Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that such equipment is a hazard to life, health, property or safety of the public or occupants of the premises or struc- ture. [A] 108.1.3 Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illu- mination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. [A] 108.1.4 Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more per- sons than permitted under this code, or was erected, altered or occupied contrary to law. [A] 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing build- ings. 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure or appurte- nance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appur- tenance or ornamentation on the exterior thereof that is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one-half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or move- ment of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure to their dan- ger, becomes a harbor for vagrants, criminals or immoral persons, or enables persons to resort to the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. Item 13 SCOPE AND ADMINISTRATION 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®5 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or dis- ease. 10. Any building or structure, because of a lack of suf- ficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel con- nections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or por- tion thereof as an attractive nuisance or hazard to the public. [A] 108.2 Closing of vacant structures. If the structure is vacant and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is autho- rized to post a placard of condemnation on the premises and order the structure closed up so as not to be an attractive nui- sance. Upon failure of the owner or owner’s authorized agent to close up the premises within the time specified in the order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. [A] 108.2.1 Authority to disconnect service utilities. The code official shall have the authority to authorize dis- connection of utility service to the building, structure or system regulated by this code and the referenced codes and standards set forth in Section 102.7 in case of emer- gency where necessary to eliminate an immediate hazard to life or property or where such utility connection has been made without approval. The code official shall notify the serving utility and, whenever possible, the owner or owner’s authorized agent and occupant of the building, structure or service system of the decision to disconnect prior to taking such action. If not notified prior to discon- nection the owner, owner’s authorized agent or occupant of the building structure or service system shall be notified in writing as soon as practical thereafter. [A] 108.3 Notice. Whenever the code official has condemned a structure or equipment under the provisions of this section, notice shall be posted in a conspicuous place in or about the structure affected by such notice and served on the owner, owner’s authorized agent or the person or persons responsible for the structure or equipment in accordance with Section 107.3. If the notice pertains to equipment, it shall be placed on the condemned equipment. The notice shall be in the form prescribed in Section 107.2. [A] 108.4 Placarding. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the notice provisions within the time given, the code official shall post on the premises or on defective equipment a placard bearing the word “Condemned” and a statement of the penal- ties provided for occupying the premises, operating the equipment or removing the placard. [A] 108.4.1 Placard removal. The code official shall remove the condemnation placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated. Any person who defaces or removes a condemnation placard without the approval of the code official shall be subject to the penal- ties provided by this code. [A] 108.5 Prohibited occupancy. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner, owner’s authorized agent or per- son responsible for the premises who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by this code. [A] 108.6 Abatement methods. The owner, owner’s autho- rized agent, operator or occupant of a building, premises or equipment deemed unsafe by the code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition or other approved correc- tive action. [A] 108.7 Record. The code official shall cause a report to be filed on an unsafe condition. The report shall state the occu- pancy of the structure and the nature of the unsafe condition. SECTION 109 EMERGENCY MEASURES [A] 109.1 Imminent danger. When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure that endangers life, or when any structure or part of a structure has fallen and life is endan- gered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empow- ered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows: “This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazard- ous condition or of demolishing the same. [A] 109.2 Temporary safeguards. Notwithstanding other provisions of this code, whenever, in the opinion of the code official, there is imminent danger due to an unsafe condition, the code official shall order the necessary work to be done, Item 13 SCOPE AND ADMINISTRATION 6 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® including the boarding up of openings, to render such struc- ture temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency. [A] 109.3 Closing streets. When necessary for public safety, the code official shall temporarily close structures and close, or order the authority having jurisdiction to close, sidewalks, streets, public ways and places adjacent to unsafe structures, and prohibit the same from being utilized. [A] 109.4 Emergency repairs. For the purposes of this sec- tion, the code official shall employ the necessary labor and materials to perform the required work as expeditiously as possible. [A] 109.5 Costs of emergency repairs. Costs incurred in the performance of emergency work shall be paid by the jurisdic- tion. The legal counsel of the jurisdiction shall institute appropriate action against the owner of the premises or owner’s authorized agent where the unsafe structure is or was located for the recovery of such costs. [A] 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the appeals board, be afforded a hearing as described in this code. SECTION 110 DEMOLITION [A] 110.1 General. The code official shall order the owner or owner’s authorized agent of any premises upon which is located any structure, which in the code official’s or owner’s authorized agent judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the code official shall order the owner or owner’s authorized agent to demolish and remove such structure, or board up until future repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the building official. [A] 110.2 Notices and orders. Notices and orders shall com- ply with Section 107. [A] 110.3 Failure to comply. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the struc- ture is located and shall be a lien upon such real estate. [A] 110.4 Salvage materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the per- son who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state. SECTION 111 MEANS OF APPEAL [A] 111.1 Application for appeal. Any person directly affected by a decision of the code official or a notice or order issued under this code shall have the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or the require- ments of this code are adequately satisfied by other means. [A] 111.2 Membership of board. The board of appeals shall consist of not less than three members who are qualified by experience and training to pass on matters pertaining to prop- erty maintenance and who are not employees of the jurisdic- tion. The code official shall be an ex-officio member but shall have no vote on any matter before the board. The board shall be appointed by the chief appointing authority, and shall serve staggered and overlapping terms. [A] 111.2.1 Alternate members. The chief appointing authority shall appoint not less than two alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alter- nate members shall possess the qualifications required for board membership. [A] 111.2.2 Chairman. The board shall annually select one of its members to serve as chairman. [A] 111.2.3 Disqualification of member. A member shall not hear an appeal in which that member has a personal, professional or financial interest. [A] 111.2.4 Secretary. The chief administrative officer shall designate a qualified person to serve as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of the chief administrative offi- cer. [A] 111.2.5 Compensation of members. Compensation of members shall be determined by law. [A] 111.3 Notice of meeting. The board shall meet upon notice from the chairman, within 20 days of the filing of an appeal, or at stated periodic meetings. [A] 111.4 Open hearing. Hearings before the board shall be open to the public. The appellant, the appellant’s representa- Item 13 SCOPE AND ADMINISTRATION 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®7 tive, the code official and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of a minumum of two-thirds of the board mem- bership. [A] 111.4.1 Procedure. The board shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandate that only relevant information be received. [A] 111.5 Postponed hearing. When the full board is not present to hear an appeal, either the appellant or the appel- lant’s representative shall have the right to request a post- ponement of the hearing. [A] 111.6 Board decision. The board shall modify or reverse the decision of the code official only by a concurring vote of a majority of the total number of appointed board members. [A] 111.6.1 Records and copies. The decision of the board shall be recorded. Copies shall be furnished to the appellant and to the code official. [A] 111.6.2 Administration. The code official shall take immediate action in accordance with the decision of the board. [A] 111.7 Court review. Any person, whether or not a previ- ous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law. Application for review shall be made in the manner and time required by law following the filing of the decision in the office of the chief administrative officer. [A] 111.8 Stays of enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the enforcement of the notice and order until the appeal is heard by the appeals board. SECTION 112 STOP WORK ORDER [A] 112.1 Authority. Whenever the code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code or in a dangerous or unsafe manner, the code official is authorized to issue a stop work order. [A] 112.2 Issuance. A stop work order shall be in writing and shall be given to the owner of the property, to the owner’s authorized agent, or to the person doing the work. Upon issu- ance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order and the conditions under which the cited work is authorized to resume. [A] 112.3 Emergencies. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping the work. [A] 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars. Item 13 8 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®9 CHAPTER 2 DEFINITIONS SECTION 201 GENERAL 201.1 Scope. Unless otherwise expressly stated, the follow- ing terms shall, for the purposes of this code, have the mean- ings shown in this chapter. 201.2 Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. 201.3 Terms defined in other codes. Where terms are not defined in this code and are defined in the International Building Code, International Existing Building Code, Inter- national Fire Code, International Fuel Gas Code, Interna- tional Mechanical Code, International Plumbing Code, International Residential Code, International Zoning Code or NFPA 70, such terms shall have the meanings ascribed to them as stated in those codes. 201.4 Terms not defined. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies. 201.5 Parts. Whenever the words “dwelling unit,” “dwell- ing,” “premises,” “building,” “rooming house,” “rooming unit,” “housekeeping unit” or “story” are stated in this code, they shall be construed as though they were followed by the words “or any part thereof.” SECTION 202 GENERAL DEFINITIONS ANCHORED. Secured in a manner that provides positive connection. [A] APPROVED. Acceptable to the code official. BASEMENT. That portion of a building which is partly or completely below grade. BATHROOM. A room containing plumbing fixtures includ- ing a bathtub or shower. BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit. [A] CODE OFFICIAL. The official who is charged with the administration and enforcement of this code, or any duly authorized representative. CONDEMN. To adjudge unfit for occupancy. COST OF SUCH DEMOLITION OR EMERGENCY REPAIRS. The costs shall include the actual costs of the demolition or repair of the structure less revenues obtained if salvage was conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to demolition or emergency repairs, such as asbestos survey and abatement if necessary; costs of inspectors, testing agencies or experts retained relative to the demolition or emergency repairs; costs of testing; surveys for other materials that are controlled or regulated from being dumped in a landfill; title searches; mailing(s); postings; recording; and attorney fees expended for recovering of the cost of emergency repairs or to obtain or enforce an order of demolition made by a code official, the governing body or board of appeals. DETACHED. When a structural element is physically dis- connected from another and that connection is necessary to provide a positive connection. DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness. [BG] DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, includ- ing permanent provisions for living, sleeping, eating, cooking and sanitation. [Z] EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be per- mitted to be for use under, on or above a said lot or lots. EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that trans- mit gravity load, lateral load and operating load between the equipment and the structure. EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises. GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food. [BE] GUARD. A building component or a system of build- ing components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. [BG] HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not con- sidered habitable spaces. HISTORIC BUILDING. Any building or structure that is one or more of the following: 1. Listed or certified as eligible for listing, by the State Historic Preservation Officer or the Keeper of the National Register of Historic Places, in the National Register of Historic Places. 2. Designated as historic under an applicable state or local law. 02_ipmc_15.fm Page 9 Friday, May 2, 2014 11:39 AM Item 13 DEFINITIONS 10 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3. Certified as a contributing resource within a National Register or state or locally designated historic district. HOUSEKEEPING UNIT. A room or group of rooms form- ing a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not con- tain, within such a unit, a toilet, lavatory and bathtub or shower. IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time. INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or other pests. INOPERABLE MOTOR VEHICLE. A vehicle which can- not be driven upon the public streets for reason including but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair, or incapable of being moved under its own power. [A] LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evalua- tion that maintains periodic inspection of the production of the above-labeled items and whose labeling indicates either that the equipment, material or product meets identified stan- dards or has been tested and found suitable for a specified purpose. LET FOR OCCUPANCY or LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land. NEGLECT. The lack of proper maintenance for a building or structure. [A] OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied. OCCUPANT. Any individual living or sleeping in a build- ing, or having possession of a space within a building. OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors. OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy. [A] OWNER. Any person, agent, operator, firm or corpora- tion having legal or equitable interest in the property; or recorded in the official records of the state, county or munici- pality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. PERSON. An individual, corporation, partnership or any other group acting as a unit. PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimina- tion methods. [A] PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon. [A] PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appro- priated to the public for public use. ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling. ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes. RUBBISH. Combustible and noncombustible waste materi- als, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible mate- rials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, min- eral matter, glass, crockery and dust and other similar materi- als. [BG] SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for liv- ing, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units. STRICT LIABILITY OFFENSE. An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do. [A] STRUCTURE. That which is built or constructed or a portion thereof. TENANT. A person, corporation, partnership or group, whether or not the legal owner of record, occupying a build- ing or portion thereof as a unit. TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower. ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sus- tainable load reduces to 80 percent or less of the maximum strength. [M] VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space. WORKMANLIKE. Executed in a skilled manner; e.g., gen- erally plumb, level, square, in line, undamaged and without marring adjacent work. [Z] YARD. An open space on the same lot with a structure. Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®11 CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the require- ments of this chapter. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condi- tion. 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any struc- ture located thereon. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ardous conditions. 302.4 Weeds. Premises and exterior property shall be main- tained free from weeds or plant growth in excess of [JURIS- DICTION TO INSERT HEIGHT IN INCHES]. Noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein- festation. 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant. 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair. SECTION 303 SWIMMING POOLS, SPAS AND HOT TUBS 303.1 Swimming pools. Swimming pools shall be main- tained in a clean and sanitary condition, and in good repair. 303.2 Enclosures. Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier not less than 48 inches (1219 mm) in height above the fin- ished ground level measured on the side of the barrier away from the pool. Gates and doors in such barriers shall be self- closing and self-latching. Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate, Item 13 GENERAL REQUIREMENTS 12 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® the release mechanism shall be located on the pool side of the gate. Self-closing and self-latching gates shall be maintained such that the gate will positively close and latch when released from an open position of 6 inches (152 mm) from the gatepost. No existing pool enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a safety barrier. Exception: Spas or hot tubs with a safety cover that com- plies with ASTM F 1346 shall be exempt from the provi- sions of this section. SECTION 304 EXTERIOR STRUCTURE 304.1 General. The exterior of a structure shall be main- tained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare. 304.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Siding and masonry joints including joints between the building envelope and the perimeter of windows, doors and skylights are not main- tained, weather resistant or water tight; 5. Structural members that have evidence of deterio- ration or that are not capable of safely supporting all nominal loads and load effects; 6. Foundation systems that are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects; 7. Exterior walls that are not anchored to supporting and supported elements or are not plumb and free of holes, cracks or breaks and loose or rotting materials, are not properly anchored or are not capable of supporting all nominal loads and resist- ing all load effects; 8. Roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage, or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; 9. Flooring and flooring components with defects that affect serviceability or flooring components that show signs of deterioration or fatigue, are not properly anchored or are incapable of supporting all nominal loads and resisting all load effects; 10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features not prop- erly anchored or that are anchored with connec- tions not capable of supporting all nominal loads and resisting all load effects; 11. Overhang extensions or projections including, but not limited to, trash chutes, canopies, marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not properly anchored or that are anchored with connections not capable of support- ing all nominal loads and resisting all load effects; 12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto, including guards and handrails, are not structurally sound, not properly anchored or that are anchored with connections not capable of supporting all nominal loads and resisting all load effects; or 13. Chimneys, cooling towers, smokestacks and simi- lar appurtenances not structurally sound or not properly anchored, or that are anchored with con- nections not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted where approved by the code official. 304.2 Protective treatment. Exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be main- tained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treat- ment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or cor- rosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabili- zation by oxidation are exempt from this requirement. [F] 304.3 Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the prop- erty. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet let- ters. Numbers shall be not less than 4 inches (102 mm) in height with a minimum stroke width of 0.5 inch (12.7 mm). Item 13 GENERAL REQUIREMENTS 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®13 304.4 Structural members. Structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads. 304.5 Foundation walls. Foundation walls shall be main- tained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests. 304.6 Exterior walls. Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weath- erproof and properly surface coated where required to pre- vent deterioration. 304.7 Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drain- age shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gut- ters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. 304.8 Decorative features. Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition. 304.9 Overhang extensions. Overhang extensions including, but not limited to, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. Where required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coat- ing materials, such as paint or similar surface treatment. 304.10 Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurte- nances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads. 304.11 Chimneys and towers. Chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. Exposed sur- faces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather- coating materials, such as paint or similar surface treatment. 304.12 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 304.13 Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather tight. 304.13.1 Glazing. Glazing materials shall be maintained free from cracks and holes. 304.13.2 Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being held in position by window hardware. 304.14 Insect screens. During the period from [DATE] to [DATE], every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are pro- cessed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good work- ing condition. Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. 304.15 Doors. Exterior doors, door assemblies, operator sys- tems if provided, and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and sleep- ing units shall tightly secure the door. Locks on means of egress doors shall be in accordance with Section 702.3. 304.16 Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water. 304.17 Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents. 304.18 Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be pro- vided with devices designed to provide security for the occu- pants and property within. 304.18.1 Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort and shall have a minimum lock throw of 1 inch (25 mm). Such deadbolt locks shall be installed according to the manufacturer’s specifications and main- tained in good working order. For the purpose of this sec- tion, a sliding bolt shall not be considered an acceptable deadbolt lock. 304.18.2 Windows. Operable windows located in whole or in part within 6 feet (1828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a window sash locking device. 304.18.3 Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or house- keeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry. 304.19 Gates. Exterior gates, gate assemblies, operator sys- tems if provided, and hardware shall be maintained in good condition. Latches at all entrances shall tightly secure the gates. SECTION 305 INTERIOR STRUCTURE 305.1 General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of Item 13 GENERAL REQUIREMENTS 14 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® the structure that they occupy or control in a clean and sani- tary condition. Every owner of a structure containing a room- ing house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupan- cies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property. 305.1.1 Unsafe conditions. The following conditions shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Existing Building Code as required for existing buildings: 1. The nominal strength of any structural member is exceeded by nominal loads, the load effects or the required strength; 2. The anchorage of the floor or roof to walls or col- umns, and of walls and columns to foundations is not capable of resisting all nominal loads or load effects; 3. Structures or components thereof that have reached their limit state; 4. Structural members are incapable of supporting nominal loads and load effects; 5. Stairs, landings, balconies and all similar walking surfaces, including guards and handrails, are not structurally sound, not properly anchored or are anchored with connections not capable of support- ing all nominal loads and resisting all load effects; 6. Foundation systems that are not firmly supported by footings are not plumb and free from open cracks and breaks, are not properly anchored or are not capable of supporting all nominal loads and resisting all load effects. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted when approved by the code official. 305.2 Structural members. Structural members shall be maintained structurally sound, and be capable of supporting the imposed loads. 305.3 Interior surfaces. Interior surfaces, including win- dows and doors, shall be maintained in good, clean and sani- tary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plas- ter, decayed wood and other defective surface conditions shall be corrected. 305.4 Stairs and walking surfaces. Every stair, ramp, land- ing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair. 305.5 Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. 305.6 Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware. SECTION 306 COMPONENT SERVICEABILITY 306.1 General. The components of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. 306.1.1 Unsafe conditions. Where any of the following conditions cause the component or system to be beyond its limit state, the component or system shall be determined as unsafe and shall be repaired or replaced to comply with the International Building Code or the International Exist- ing Building Code as required for existing buildings: 1. Soils that have been subjected to any of the follow- ing conditions: 1.1. Collapse of footing or foundation system; 1.2. Damage to footing, foundation, concrete or other structural element due to soil expan- sion; 1.3. Adverse effects to the design strength of foot- ing, foundation, concrete or other structural element due to a chemical reaction from the soil; 1.4. Inadequate soil as determined by a geotechni- cal investigation; 1.5. Where the allowable bearing capacity of the soil is in doubt; or 1.6. Adverse effects to the footing, foundation, concrete or other structural element due to the ground water table. 2. Concrete that has been subjected to any of the fol- lowing conditions: 2.1.Deterioration; 2.2.Ultimate deformation; 2.3. Fractures; 2.4. Fissures; 2.5. Spalling; 2.6. Exposed reinforcement; or 2.7.Detached, dislodged or failing connections. 3. Aluminum that has been subjected to any of the fol- lowing conditions: 3.1.Deterioration; 3.2. Corrosion; 3.3. Elastic deformation; 3.4.Ultimate deformation; 3.5. Stress or strain cracks; 3.6. Joint fatigue; or 3.7.Detached, dislodged or failing connections. Item 13 GENERAL REQUIREMENTS 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®15 4. Masonry that has been subjected to any of the fol- lowing conditions: 4.1.Deterioration; 4.2.Ultimate deformation; 4.3. Fractures in masonry or mortar joints; 4.4. Fissures in masonry or mortar joints; 4.5. Spalling; 4.6. Exposed reinforcement; or 4.7.Detached, dislodged or failing connections. 5. Steel that has been subjected to any of the following conditions: 5.1.Deterioration; 5.2. Elastic deformation; 5.3.Ultimate deformation; 5.4. Metal fatigue; or 5.5.Detached, dislodged or failing connections. 6. Wood that has been subjected to any of the follow- ing conditions: 6.1.Ultimate deformation; 6.2.Deterioration; 6.3. Damage from insects, rodents and other ver- min; 6.4. Fire damage beyond charring; 6.5. Significant splits and checks; 6.6. Horizontal shear cracks; 6.7. Vertical shear cracks; 6.8. Inadequate support; 6.9.Detached, dislodged or failing connections; or 6.10. Excessive cutting and notching. Exceptions: 1. Where substantiated otherwise by an approved method. 2. Demolition of unsafe conditions shall be per- mitted where approved by the code official. SECTION 307 HANDRAILS AND GUARDRAILS 307.1 General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, bal- cony, porch, deck, ramp or other walking surface that is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall be not less than 30 inches (762 mm) in height or more than 42 inches (1067 mm) in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall be not less than 30 inches (762 mm) in height above the floor of the landing, balcony, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code. SECTION 308 RUBBISH AND GARBAGE 308.1 Accumulation of rubbish or garbage. Exterior prop- erty and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. 308.2 Disposal of rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. 308.2.1 Rubbish storage facilities. The owner of every occupied premises shall supply approved covered contain- ers for rubbish, and the owner of the premises shall be responsible for the removal of rubbish. 308.2.2 Refrigerators. Refrigerators and similar equip- ment not in operation shall not be discarded, abandoned or stored on premises without first removing the doors. 308.3 Disposal of garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. 308.3.1 Garbage facilities. The owner of every dwelling shall supply one of the following: an approved mechanical food waste grinder in each dwelling unit; an approved incinerator unit in the structure available to the occupants in each dwelling unit; or an approved leakproof, covered, outside garbage container. 308.3.2 Containers. The operator of every establishment producing garbage shall provide, and at all times cause to be utilized, approved leakproof containers provided with close-fitting covers for the storage of such materials until removed from the premises for disposal. SECTION 309 PEST ELIMINATION 309.1 Infestation. Structures shall be kept free from insect and rodent infestation. Structures in which insects or rodents are found shall be promptly exterminated by approved pro- cesses that will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent rein- festation. 309.2 Owner. The owner of any structure shall be responsi- ble for pest elimination within the structure prior to renting or leasing the structure. 309.3 Single occupant. The occupant of a one-family dwell- ing or of a single-tenant nonresidential structure shall be responsible for pest elimination on the premises. 309.4 Multiple occupancy. The owner of a structure contain- ing two or more dwelling units, a multiple occupancy, a Item 13 GENERAL REQUIREMENTS 16 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® rooming house or a nonresidential structure shall be responsi- ble for pest elimination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for pest elimination. 309.5 Occupant. The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure. Exception: Where the infestations are caused by defects in the structure, the owner shall be responsible for pest elimination. Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®17 CHAPTER 4 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS SECTION 401 GENERAL 401.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure. 401.2 Responsibility. The owner of the structure shall pro- vide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the require- ments of this chapter. 401.3 Alternative devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the International Building Code shall be permitted. SECTION 402 LIGHT 402.1 Habitable spaces. Every habitable space shall have not less than one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than 3 feet (914 mm) from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required mini- mum total window area for the room. Exception: Where natural light for rooms or spaces with- out exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the inte- rior room or space, but a minimum of 25 square feet (2.33 m2). The exterior glazing area shall be based on the total floor area being served. 402.2 Common halls and stairways. Every common hall and stairway in residential occupancies, other than in one- and two-family dwellings, shall be lighted at all times with not less than a 60-watt standard incandescent light bulb for each 200 square feet (19 m2) of floor area or equivalent illu- mination, provided that the spacing between lights shall not be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior means of egress, stairways shall be illuminated at all times the building space served by the means of egress is occupied with not less than 1 footcandle (11 lux) at floors, landings and treads. 402.3 Other spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures. SECTION 403 VENTILATION 403.1 Habitable spaces. Every habitable space shall have not less than one openable window. The total openable area of the window in every room shall be equal to not less than 45 percent of the minimum glazed area required in Section 402.1. Exception: Where rooms and spaces without openings to the outdoors are ventilated through an adjoining room, the unobstructed opening to the adjoining room shall be not less than 8 percent of the floor area of the interior room or space, but not less than 25 square feet (2.33 m2). The venti- lation openings to the outdoors shall be based on a total floor area being ventilated. 403.2 Bathrooms and toilet rooms. Every bathroom and toi- let room shall comply with the ventilation requirements for habitable spaces as required by Section 403.1, except that a window shall not be required in such spaces equipped with a mechanical ventilation system. Air exhausted by a mechani- cal ventilation system from a bathroom or toilet room shall discharge to the outdoors and shall not be recirculated. 403.3 Cooking facilities. Unless approved through the certif- icate of occupancy, cooking shall not be permitted in any rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in the rooming unit or dormitory unit. Exceptions: 1. Where specifically approved in writing by the code official. 2. Devices such as coffee pots and microwave ovens shall not be considered cooking appliances. 403.4 Process ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any space. 403.5 Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manu- facturer’s instructions. Exception: Listed and labeled condensing (ductless) clothes dryers. SECTION 404 OCCUPANCY LIMITATIONS 404.1 Privacy. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces. Item 13 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS 18 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 404.2 Minimum room widths. A habitable room, other than a kitchen, shall be not less than 7 feet (2134 mm) in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet (914 mm) between counterfronts and appliances or counterfronts and walls. 404.3 Minimum ceiling heights. Habitable spaces, hall- ways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a minimum clear ceiling height of 7 feet (2134 mm). Exceptions: 1. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and projecting a maximum of 6 inches (152 mm) below the required ceiling height. 2.Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a minimum ceiling height of 6 feet 8 inches (2033 mm) with a minimum clear height of 6 feet 4 inches (1932 mm) under beams, girders, ducts and similar obstructions. 3. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear ceiling height of 7 feet (2134 mm) over not less than one- third of the required minimum floor area. In calcu- lating the floor area of such rooms, only those por- tions of the floor area with a minimum clear ceiling height of 5 feet (1524 mm) shall be included. 404.4 Bedroom and living room requirements. Every bed- room and living room shall comply with the requirements of Sections 404.4.1 through 404.4.5. 404.4.1 Room area. Every living room shall contain not less than 120 square feet (11.2 m2) and every bedroom shall contain not less than 70 square feet (6.5 m2) and every bedroom occupied by more than one person shall contain not less than 50 square feet (4.6 m2) of floor area for each occupant thereof. 404.4.2 Access from bedrooms. Bedrooms shall not con- stitute the only means of access to other bedrooms or hab- itable spaces and shall not serve as the only means of egress from other habitable spaces. Exception: Units that contain fewer than two bed- rooms. 404.4.3 Water closet accessibility. Every bedroom shall have access to not less than one water closet and one lava- tory without passing through another bedroom. Every bed- room in a dwelling unit shall have access to not less than one water closet and lavatory located in the same story as the bedroom or an adjacent story. 404.4.4 Prohibited occupancy. Kitchens and nonhabit- able spaces shall not be used for sleeping purposes. 404.4.5 Other requirements. Bedrooms shall comply with the applicable provisions of this code including, but not limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the plumbing facilities and water-heating facilities require- ments of Chapter 5; the heating facilities and electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape requirements of Chapter 7. 404.5 Overcrowding. Dwelling units shall not be occupied by more occupants than permitted by the minimum area requirements of Table 404.5. TABLE 404.5 MINIMUM AREA REQUIREMENTS For SI: 1 square foot = 0.0929 m 2. a. See Section 404.5.2 for combined living room/dining room spaces. b. See Section 404.5.1 for limitations on determining the minimum occupancy area for sleeping purposes. 404.5.1 Sleeping area. The minimum occupancy area required by Table 404.5 shall not be included as a sleeping area in determining the minimum occupancy area for sleeping purposes. Sleeping areas shall comply with Sec- tion 404.4. 404.5.2 Combined spaces. Combined living room and dining room spaces shall comply with the requirements of Table 404.5 if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room. 404.6 Efficiency unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following require- ments: 1. A unit occupied by not more than one occupant shall have a minimum clear floor area of 120 square feet (11.2 m2). A unit occupied by not more than two occu- pants shall have a minimum clear floor area of 220 square feet (20.4 m2). A unit occupied by three occu- pants shall have a minimum clear floor area of 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by Items 2 and 3. 2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a minimum clear working space of 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided. 3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower. 4. The maximum number of occupants shall be three. 404.7 Food preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equip- ment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. SPACE MINIMUM AREA IN SQUARE FEET 1-2 occupants 3-5 occupants 6 or more occupants Living rooma, b 120 120 150 Dining rooma, b No requirement 80 100 Bedrooms Shall comply with Section 404.4.1 Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®19 CHAPTER 5 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS SECTION 501 GENERAL 501.1 Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures to be provided. 501.2 Responsibility. The owner of the structure shall pro- vide and maintain such plumbing facilities and plumbing fix- tures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this chapter. SECTION 502 REQUIRED FACILITIES [P] 502.1 Dwelling units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink that shall be maintained in a sanitary, safe working con- dition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located. A kitchen sink shall not be used as a substitute for the required lavatory. [P] 502.2 Rooming houses. Not less than one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units. [P] 502.3 Hotels. Where private water closets, lavatories and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants. [P] 502.4 Employees’ facilities. Not less than one water closet, one lavatory and one drinking facility shall be avail- able to employees. [P] 502.4.1 Drinking facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms. [P] 502.5 Public toilet facilities. Public toilet facilities shall be maintained in a safe, sanitary and working condition in accordance with the International Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occu- pancy of the premises. SECTION 503 TOILET ROOMS [P] 503.1 Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling. [P] 503.2 Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing not more than one flight of stairs and shall have access from a common hall or pas- sageway. [P] 503.3 Location of employee toilet facilities. Toilet facil- ities shall have access from within the employees’ working area. The required toilet facilities shall be located not more than one story above or below the employees’ working area and the path of travel to such facilities shall not exceed a dis- tance of 500 feet (152 m). Employee facilities shall either be separate facilities or combined employee and public facilities. Exception: Facilities that are required for employees in storage structures or kiosks, which are located in adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet (152 m) from the employees’ regular working area to the facilities. [P] 503.4 Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard, nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition. SECTION 504 PLUMBING SYSTEMS AND FIXTURES [P] 504.1 General. Plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. Plumbing fixtures shall be maintained in a safe, sanitary and functional condition. [P] 504.2 Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning. [P] 504.3 Plumbing system hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be cor- rected to eliminate the hazard. SECTION 505 WATER SYSTEM 505.1 General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. Kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied Item 13 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS 20 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® with hot or tempered and cold running water in accordance with the International Plumbing Code. [P] 505.2 Contamination. The water supply shall be main- tained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker. 505.3 Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and appurtenances in sufficient volume and at pres- sures adequate to enable the fixtures to function properly, safely, and free from defects and leaks. 505.4 Water heating facilities. Water heating facilities shall be properly installed, maintained and capable of providing an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a minimum temperature of 110°F (43°C). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination tem- perature and pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained on water heat- ers. SECTION 506 SANITARY DRAINAGE SYSTEM [P] 506.1 General. Plumbing fixtures shall be properly con- nected to either a public sewer system or to an approved pri- vate sewage disposal system. [P] 506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. [P] 506.3 Grease interceptors. Grease interceptors and auto- matic grease removal devices shall be maintained in accor- dance with this code and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sew- age treatment plant or processes. Records of maintenance, cleaning and repairs shall be available for inspection by the code official. SECTION 507 STORM DRAINAGE [P] 507.1 General. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance. Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®21 CHAPTER 6 MECHANICAL AND ELECTRICAL REQUIREMENTS SECTION 601 GENERAL 601.1 Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment to be provided. 601.2 Responsibility. The owner of the structure shall pro- vide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that does not comply with the requirements of this chapter. SECTION 602 HEATING FACILITIES 602.1 Facilities required. Heating facilities shall be pro- vided in structures as required by this section. 602.2 Residential occupancies. Dwellings shall be provided with heating facilities capable of maintaining a room temper- ature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating. Exception: In areas where the average monthly tempera- ture is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.3 Heat supply. Every owner and operator of any build- ing who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to fur- nish heat to the occupants thereof shall supply heat during the period from [DATE] to [DATE] to maintain a minimum temper- ature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Exceptions: 1. When the outdoor temperature is below the winter outdoor design temperature for the locality, mainte- nance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter out- door design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code. 2. In areas where the average monthly temperature is above 30°F (-1°C), a minimum temperature of 65°F (18°C) shall be maintained. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from [DATE] to [DATE] to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. Exceptions: 1. Processing, storage and operation areas that require cooling or special temperature conditions. 2. Areas in which persons are primarily engaged in vigorous physical activities. 602.5 Room temperature measurement. The required room temperatures shall be measured 3 feet (914 mm) above the floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall. SECTION 603 MECHANICAL EQUIPMENT 603.1 Mechanical appliances. Mechanical appliances, fire- places, solid fuel-burning appliances, cooking appliances and water heating appliances shall be properly installed and main- tained in a safe working condition, and shall be capable of performing the intended function. 603.2 Removal of combustion products. Fuel-burning equipment and appliances shall be connected to an approved chimney or vent. Exception: Fuel-burning equipment and appliances that are labeled for unvented operation. 603.3 Clearances. Required clearances to combustible mate- rials shall be maintained. 603.4 Safety controls. Safety controls for fuel-burning equipment shall be maintained in effective operation. 603.5 Combustion air. A supply of air for complete combus- tion of the fuel and for ventilation of the space containing the fuel-burning equipment shall be provided for the fuel-burning equipment. 603.6 Energy conservation devices. Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. SECTION 604 ELECTRICAL FACILITIES 604.1 Facilities required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section and Section 605. Item 13 MECHANICAL AND ELECTRICAL REQUIREMENTS 22 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 604.2 Service. The size and usage of appliances and equip- ment shall serve as a basis for determining the need for addi- tional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a minimum rating of 60 amperes. 604.3 Electrical system hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient receptacle and lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. 604.3.1 Abatement of electrical hazards associated with water exposure. The provisions of this section shall gov- ern the repair and replacement of electrical systems and equipment that have been exposed to water. 604.3.1.1 Electrical equipment. Electrical distribu- tion equipment, motor circuits, power equipment, trans- formers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case circuit breakers, low-voltage fuses, lumi- naires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provi- sions of the International Building Code. Exception: The following equipment shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved man- ufacturer’s representative indicates that the equip- ment has not sustained damage that requires replacement: 1. Enclosed switches, rated a maximum of 600 volts or less; 2. Busway, rated a maximum of 600 volts; 3. Panelboards, rated a maximum of 600 volts; 4. Switchboards, rated a maximum of 600 volts; 5. Fire pump controllers, rated a maximum of 600 volts; 6. Manual and magnetic motor controllers; 7. Motor control centers; 8. Alternating current high-voltage circuit breakers; 9. Low-voltage power circuit breakers; 10. Protective relays, meters and current trans- formers; 11. Low- and medium-voltage switchgear; 12. Liquid-filled transformers; 13. Cast-resin transformers; 14. Wire or cable that is suitable for wet loca- tions and whose ends have not been exposed to water; 15. Wire or cable, not containing fillers, that is suitable for wet locations and whose ends have not been exposed to water; 16. Luminaires that are listed as submersible; 17. Motors; 18. Electronic control, signaling and communi- cation equipment. 604.3.2 Abatement of electrical hazards associated with fire exposure. The provisions of this section shall govern the repair and replacement of electrical systems and equip- ment that have been exposed to fire. 604.3.2.1 Electrical equipment. Electrical switches, receptacles and fixtures, including furnace, water heat- ing, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the International Building Code. Exception: Electrical switches, receptacles and fix- tures that shall be allowed to be repaired where an inspection report from the equipment manufacturer or approved manufacturer’s representative indicates that the equipment has not sustained damage that requires replacement. SECTION 605 ELECTRICAL EQUIPMENT 605.1 Installation. Electrical equipment, wiring and appli- ances shall be properly installed and maintained in a safe and approved manner. 605.2 Receptacles. Every habitable space in a dwelling shall contain not less than two separate and remote receptacle out- lets. Every laundry area shall contain not less than one grounding-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain not less than one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the loca- tion. 605.3 Luminaires. Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room and fur- nace room shall contain not less than one electric luminaire. Pool and spa luminaires over 15 V shall have ground fault circuit interrupter protection. 605.4 Wiring. Flexible cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings. SECTION 606 ELEVATORS, ESCALATORS AND DUMBWAITERS 606.1 General. Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumb- Item 13 MECHANICAL AND ELECTRICAL REQUIREMENTS 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®23 waiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the code official. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N, except where otherwise specified by the authority having jurisdiction. 606.2 Elevators. In buildings equipped with passenger eleva- tors, not less than one elevator shall be maintained in opera- tion at all times when the building is occupied. Exception: Buildings equipped with only one elevator shall be permitted to have the elevator temporarily out of service for testing or servicing. SECTION 607 DUCT SYSTEMS 607.1 General. Duct systems shall be maintained free of obstructions and shall be capable of performing the required function. Item 13 24 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®25 CHAPTER 7 FIRE SAFETY REQUIREMENTS SECTION 701 GENERAL 701.1 Scope. The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facili- ties and equipment to be provided. 701.2 Responsibility. The owner of the premises shall pro- vide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the require- ments of this chapter. SECTION 702 MEANS OF EGRESS [F] 702.1 General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall comply with the International Fire Code. [F] 702.2 Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed. [F] 702.3 Locked doors. Means of egress doors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the International Building Code. [F] 702.4 Emergency escape openings. Required emergency escape openings shall be maintained in accordance with the code in effect at the time of construction, and the following. Required emergency escape and rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles, grates or similar devices are per- mitted to be placed over emergency escape and rescue open- ings provided the minimum net clear opening size complies with the code that was in effect at the time of construction and such devices shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the escape and res- cue opening. SECTION 703 FIRE-RESISTANCE RATINGS [F] 703.1 Fire-resistance-rated assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures, partitions and floors shall be maintained. [F] 703.2 Opening protectives. Required opening protec- tives shall be maintained in an operative condition. Fire and smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or otherwise made inoperable. SECTION 704 FIRE PROTECTION SYSTEMS [F] 704.1 General. Systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable con- dition at all times in accordance with the International Fire Code. [F] 704.1.1 Automatic sprinkler systems. Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with NFPA 25. [F] 704.1.2 Fire department connection. Where the fire department connection is not visible to approaching fire apparatus, the fire department connection shall be indi- cated by an approved sign mounted on the street front or on the side of the building. Such sign shall have the letters “FDC” not less than 6 inches (152 mm) high and words in letters not less than 2 inches (51 mm) high or an arrow to indicate the location. Such signs shall be subject to the approval of the fire code official. [F] 704.2 Single- and multiple-station smoke alarms. Sin- gle- and multiple-station smoke alarms shall be installed in existing Group I-1 and R occupancies in accordance with Sections 704.2.1 through 704.2.3. [F] 704.2.1 Where required. Existing Group I-1 and R occupancies shall be provided with single-station smoke alarms in accordance with Sections 704.2.1.1 through 704.2.1.4. Interconnection and power sources shall be in accordance with Sections 704.2.2 and 704.2.3. Exceptions: 1. Where the code that was in effect at the time of construction required smoke alarms and smoke alarms complying with those requirements are already provided. 2. Where smoke alarms have been installed in occu- pancies and dwellings that were not required to have them at the time of construction, additional smoke alarms shall not be required provided that the existing smoke alarms comply with require- ments that were in effect at the time of installa- tion. 3. Where smoke detectors connected to a fire alarm system have been installed as a substitute for smoke alarms. [F] 704.2.1.1 Group R-1. Single- or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. Item 13 FIRE SAFETY REQUIREMENTS 26 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.2.1.2 Groups R-2, R-3, R-4 and I-1. Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4 and I-1 regardless of occupant load at all of the following locations: 1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bed- rooms. 2. In each room used for sleeping purposes. 3. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. [F] 704.2.1.3 Installation near cooking appliances. Smoke alarms shall not be installed in the following locations unless this would prevent placement of a smoke alarm in a location required by Section 704.2.1.1 or 704.2.1.2. 1. Ionization smoke alarms shall not be installed less than 20 feet (6096 m) horizontally from a permanently installed cooking appliance. 2. Ionization smoke alarms with an alarm-silencing switch shall not be installed less than 10 feet (3048 mm) horizontally from a permanently installed cooking appliance. 3. Photoelectric smoke alarms shall not be installed less than 6 feet (1829 mm) horizontally from a permanently installed cooking appliance. [F] 704.2.1.4 Installation near bathrooms. Smoke alarms shall be installed not less than 3 feet (914 mm) horizontally from the door or opening of a bathroom that contains a bathtub or shower unless this would pre- vent placement of a smoke alarm required by Section 704.2.1.1 or 704.2.1.2. [F] 704.2.2 Interconnection. Where more than one smoke alarm is required to be installed within an individual dwelling or sleeping unit, the smoke alarms shall be inter- connected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed. Exceptions: 1. Interconnection is not required in buildings that are not undergoing alterations, repairs or con- struction of any kind. 2. Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement avail- able that could provide access for interconnection without the removal of interior finishes. [F] 704.2.3 Power source. Single-station smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and with- out a disconnecting switch other than as required for over- current protection. Exceptions: 1. Smoke alarms are permitted to be solely battery operated in existing buildings where no construc- tion is taking place. 2. Smoke alarms are permitted to be solely battery operated in buildings that are not served from a commercial power source. 3. Smoke alarms are permitted to be solely battery operated in existing areas of buildings undergo- ing alterations or repairs that do not result in the removal of interior walls or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available that could pro- vide access for building wiring without the removal of interior finishes. [F] 704.2.4 Smoke detection system. Smoke detectors listed in accordance with UL 268 and provided as part of the building’s fire alarm system shall be an acceptable alternative to single- and multiple-station smoke alarms and shall comply with the following: 1. The fire alarm system shall comply with all applica- ble requirements in Section 907 of the International Fire Code. 2. Activation of a smoke detector in a dwelling or sleeping unit shall initiate alarm notification in the dwelling or sleeping unit in accordance with Section 907.5.2 of the International Fire Code. 3. Activation of a smoke detector in a dwelling or sleeping unit shall not activate alarm notification appliances outside of the dwelling or sleeping unit, provided that a supervisory signal is generated and monitored in accordance with Section 907.6.5 of the International Fire Code. Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®27 CHAPTER 8 REFERENCED STANDARDS This chapter lists the standards that are referenced in various sections of this document. The standards are listed herein by the promulgating agency of the standard, the standard identification, the effective date and title and the section or sections of this document that reference the standard. The application of the referenced standards shall be as specified in Section 102.7. ASME American Society of Mechanical Engineers Three Park Avenue New York, NY 10016-5990 Standard Referenced reference in code number Title section number ASME A17.1/CSA B44—2013 Safety Code for Elevators and Escalators. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .606.1 ASTM ASTM International 100 Barr Harbor Drive West Conshohocken, PA 19428-2959 Standard Referenced reference in code number Title section number F 1346—91 (2010) Performance Specifications for Safety Covers and Labeling Requirements for All Covers for Swimming Pools, Spas and Hot Tubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .303.2 ICC International Code Council 500 New Jersey Avenue, NW 6th Floor Washington, DC 20001 Standard Referenced reference in code number Title section number IBC—15 International Building Code®. . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 702.3 IEBC—15 International Existing Building Code®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 305.1.1, 306.1.1 IFC—15 International Fire Code®. . . . . . . . . . . . . . . . . . . . . 102.3, 201.3, 604.3.1.1, 604.3.2.1, 702.1, 702.2, 704.1, 704.2 IFGC—15 International Fuel Gas Code®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.3 IMC—15 International Mechanical Code® . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3 IPC—15 International Plumbing Code®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.3, 201.3, 505.1, 602.2, 602.3 IRC—15 International Residential Code®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3 IZC—15 International Zoning Code®. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.3, 201.3 NFPA National Fire Protection Association 1 Batterymarch Park Quincy, MA 02269 Standard Referenced reference in code number Title section number 25—14 Standard for the Inspection, Testing and Maintenance of Water-Based Fire Protection Systems . . . . . . . 704.1.1 70—14 National Electrical Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.4, 201.3, 604.2 Item 13 28 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®29 APPENDIX A BOARDING STANDARD The provisions contained in this appendix are not mandatory unless specifically referenced in the adopting ordinance. A101 GENERAL A101.1 General. Windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons and shall be painted to correspond to the color of the existing structure. A102 MATERIALS A102.1 Boarding sheet material. Boarding sheet material shall be minimum 1/2-inch-thick (12.7 mm) wood structural panels complying with the International Building Code. A102.2 Boarding framing material. Boarding framing material shall be minimum nominal 2-inch by 4-inch (51 mm by 102 mm) solid sawn lumber complying with the Interna- tional Building Code. A102.3 Boarding fasteners. Boarding fasteners shall be minimum 3/8-inch-diameter (9.5 mm) carriage bolts of such a length as required to penetrate the assembly and as required to adequately attach the washers and nuts. Washers and nuts shall comply with the International Building Code. A103 INSTALLATION A103.1 Boarding installation. The boarding installation shall be in accordance with Figures A103.1(1) and A103.1(2) and Sections A103.2 through A103.5. A103.2 Boarding sheet material. The boarding sheet mate- rial shall be cut to fit the door or window opening neatly or shall be cut to provide an equal overlap at the perimeter of the door or window. A103.3 Windows. The window shall be opened to allow the carriage bolt to pass through or the window sash shall be removed and stored. The 2-inch by 4-inch (51 mm by 102 mm) strong back framing material shall be cut minimum 2 inches (51 mm) wider than the window opening and shall be placed on the inside of the window opening 6 inches (152 mm) minimum above the bottom and below the top of the window opening. The framing and boarding shall be pre- drilled. The assembly shall be aligned and the bolts, washers and nuts shall be installed and secured. A103.4 Door walls. The door opening shall be framed with minimum 2-inch by 4-inch (51 mm by 102 mm) framing material secured at the entire perimeter and vertical members at a maximum of 24 inches (610 mm) on center. Blocking shall also be secured at a maximum of 48 inches (1219 mm) on center vertically. Boarding sheet material shall be secured with screws and nails alternating every 6 inches (152 mm) on center. A103.5 Doors. Doors shall be secured by the same method as for windows or door openings. One door to the structure shall be available for authorized entry and shall be secured and locked in an approved manner. A104 REFERENCED STANDARD IBC—12 International Building Code A102.1, A102.2, A102.3 Item 13 APPENDIX A 30 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® 3/8″ carriage bolts. Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior with a nut. 2″ x 4″ strong backs Window frame 2″ x 4″ strong backs ½″ CDX plywood or performance-rated OSB. 3/8″ carriage bolts. Bolts shall be long enough to extend from the exterior plywood through the interior plywood and strong backs and fastened from the interior with a nut. 12″ 6″ FIGURE A103.1(1) BOARDING OF DOOR OR WINDOW FIGURE A103.1(2) BOARDING OF DOOR WALL Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®31 INDEX A ACCESS Emergency egress . . . . . . . . . . . . . . . . . . . . . . . . 702 From bedrooms . . . . . . . . . . . . . . . . . . . . . . . 404.4.2 Plumbing fixtures, access for cleaning . . . . . . . .504.2 To public way . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1 Toilet room as passageway . . . . . . . . . . . . . . . .503.1 Water closet . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.3 ADJACENT Privacy (hotel units, rooming units). . . . . . . . . . .404.1 ADMINISTRATION Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 AGENT (See also OPERATOR, OWNER) Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 AIR Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . .603.5 AISLES Minimum width . . . . . . . . . . . . . . . . . . . . . . . . . .702.2 ALTERATION Applicability of other codes. . . . . . . . . . . . . . . . .102.3 Inspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.2 Prosecution. . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.3 Unlawful acts . . . . . . . . . . . . . . . . . . . . . . . . . . .106.1 ANCHOR Anchored, definition . . . . . . . . . . . . . . . . . . . . . . . 202 Architectural trim. . . . . . . . . . . . . . . . . . . . . . . . .304.8 Signs, marquees and awnings . . . . . . . . . . . . . .304.9 Unsafe conditions. . . . . . . . . . . . . . . . . . . . . . 304.1.1 APPEAL Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Board decision . . . . . . . . . . . . . . . . . . . . . . . . . .111.6 Board of appeals . . . . . . . . . . . . . . . . . . . . . . . .111.2 Court review . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.7 Disqualification . . . . . . . . . . . . . . . . . . . . . . . . 111.2.3 Financial interest . . . . . . . . . . . . . . . . . . . . . . 111.2.3 Hearing, emergency orders . . . . . . . . . . . . . . . .109.6 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.2 Notice of appeal . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Postponed hearing . . . . . . . . . . . . . . . . . . . . . . .111.5 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.6 Right to appeal . . . . . . . . . . . . . . . . . . . . . . . . . .111.1 Vote . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111.6 APPLIANCE Cooking . . . . . . . . . . . . . . . . . . . . . . . . . 403.3, 602.2 Mechanical . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 APPLICABILITY Application of references . . . . . . . . . . . . . . . . . .102.9 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.1 Other laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.10 Referenced codes and standards. . . . . . . . . . . 102.7 APPROVAL Alternatives. . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2 Authority . . . . . . . . . . . . . . . . . . . . . . . . . 104.1, 105.2 Modifications. . . . . . . . . . . . . . . . . . . . . . . . . . . 105.1 Research reports . . . . . . . . . . . . . . . . . . . . . . . 105.6 Used material and equipment. . . . . . . . . . . . . . 105.4 APPROVED Alternative materials, methods and equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Energy conservation devices . . . . . . . . . . . . . . 603.6 Garbage storage facilities. . . . . . . . . . . . . . . . 308.3.1 Modifications. . . . . . . . . . . . . . . . . . . . . . . . . . . 105.1 Used materials and equipment. . . . . . . . . . . . . 105.4 ARTIFICIAL Lighting of habitable rooms. . . . . . . . . . . . . . . . 401.3 Lighting of other spaces . . . . . . . . . . . . . . . . . . 402.3 AUTOMOBILE Motor vehicles. . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 AWNING Signs, marquees and awnings . . . . . . . . . . . . . 304.9 B BALCONY Handrails and guardrails. . . . . . . . . . . . . . . . . 304.12 BASEMENT Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Hatchways . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.16 Windows . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.17 BATHROOM Common bathrooms . . . . . . . . . . . . . . . . 502.3, 503.1 Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Locks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1 Outlets required . . . . . . . . . . . . . . . . . . . . . . . . 605.2 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1 Ventilation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.2 BATHTUB Dwelling units . . . . . . . . . . . . . . . . . . . . . . . . . . 502.1 Rooming houses. . . . . . . . . . . . . . . . . . . . . . . . 502.2 Sewage system. . . . . . . . . . . . . . . . . . . . . . . . . 506.1 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . 505.1 Item 13 INDEX 32 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® BOARDING Boarding standard . . . . . . . . . . . . . . . . . . Appendix A BOILER Unsafe equipment . . . . . . . . . . . . . . . . . . . . . 108.1.2 C CAPACITY Heating facilities. . . . . . . . . . . . . . 602.2, 602.3, 602.4 CAR (See AUTOMOBILE) CEILING Basement rooms . . . . . . . . . . . . . . . . . . . . . . . . 404.3 Fire-resistance ratings. . . . . . . . . . . . . . . . . . . . 703.1 Interior surfaces. . . . . . . . . . . . . . . . . . . . . . . . . 305.3 Minimum height . . . . . . . . . . . . . . . . . . . . . . . . . 404.3 Sleeping rooms . . . . . . . . . . . . . . . . . . . . . . . . . 404.3 CHANGE, MODIFY Application of other codes . . . . . . . . . . . . . . . . . 102.3 CHIMNEY Exterior structure . . . . . . . . . . . . . . . . . . . . . . . 304.11 Flue . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.2, 603.3 CLEANING Access for cleaning . . . . . . . . . . . . . . . . . . . . . . 504.2 Disposal of garbage. . . . . . . . . . . . . . . . . . . . . . 308.3 Disposal of rubbish . . . . . . . . . . . . . . . . . . . . . . 308.2 Interior and exterior sanitation . . . . . . . . . . . . . . 308.1 Interior surfaces. . . . . . . . . . . . . . . . . . . . . . . . . 305.3 Plumbing facilities, maintained . . . . . . . . . . . . . 504.1 Required plumbing facilities. . . . . . . . . . . . . . . . . 502 Responsibility of persons. . . . . . . . . . . . . . . . . . 305.1 Trash containers . . . . . . . . . . . . . . . . . . . . . . 308.3.2 Vacant structures and land . . . . . . . . . . . . . . . . 301.3 CLEARANCE Heating facilities. . . . . . . . . . . . . . . . . . . . . . . . . 603.3 Plumbing fixtures . . . . . . . . . . . . . . . . . . . . . . . . 504.2 CLOSING Streets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109.3 Vacant structures. . . . . . . . . . . . . . . . . . . . . . . . 108.2 CLOTHES DRYER Exhaust . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.5 CODE OFFICIAL Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Duties. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Emergency order . . . . . . . . . . . . . . . . . . . . . . . . . 109 Enforcement authority . . . . . . . . . . . . . . . . . . . . 104.1 Failure to comply with demolition order . . . . . . . 110.3 Identification. . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.3 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.2 Liability, relief of personal . . . . . . . . . . . . . . . . . 103.4 Membership of board of appeals . . . . . . . . . . . . 111.2 Notice of violation . . . . . . . . . . . . . . . . . . . 104.5, 107 Notices and orders. . . . . . . . . . . . . . . . . . . . . . . . 107 Official records. . . . . . . . . . . . . . . . . . . . . . . . . .104.6 Personal liability. . . . . . . . . . . . . . . . . . . . . . . . .103.4 Placarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.4 Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.3 Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 Transfer of ownership . . . . . . . . . . . . . . . . . . . .107.6 Vacant structures. . . . . . . . . . . . . . . . . . . . . . . .108.2 Voting of appeals board. . . . . . . . . . . . . 111.2, 111.6 COMBUSTION Combustion air. . . . . . . . . . . . . . . . . . . . . . . . . .603.5 COMPONENT SERVICEABILITY Unsafe conditions. . . . . . . . . . . . . . . . . . . . . . 306.1.1 CONDEMNATION Closing of vacant structures. . . . . . . . . . . . . . . .108.2 Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .110.3 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Notices and orders. . . . . . . . . . . . . . . . . 108.2, 108.3 Placarding . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.4 Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1 CONFLICT Conflict of interest . . . . . . . . . . . . . . . . . . . . . 111.2.3 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.1 CONNECTION Sewage system . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Water heating. . . . . . . . . . . . . . . . . . . . . . . . . . .505.4 Water system. . . . . . . . . . . . . . . . . . . . . . . . . . .505.1 CONSTRUCTION Existing structures . . . . . . . . . . . . . . . . . . . . . . .101.2 CONTAINER Garbage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 308.3.2 Rubbish storage. . . . . . . . . . . . . . . . . . . . . . . 308.2.1 CONTINUOUS Unobstructed egress . . . . . . . . . . . . . . . . . . . . .702.1 CONTROL Rodent control . . . . . . . . . . . . . . . . . . . . 302.5, 304.5 Safety controls . . . . . . . . . . . . . . . . . . . . . . . . . .603.4 Weed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .302.4 COOLING Cooling towers . . . . . . . . . . . . . . . . . . . . . . . . .304.11 CORRIDOR Accumulation of rubbish. . . . . . . . . . . . . . . . . . .308.1 Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402.2 Lighting fixtures . . . . . . . . . . . . . . . . . . . . . . . . .605.3 Obstructions. . . . . . . . . . . . . . . . . . . . . . 702.1, 702.2 Ratings maintained . . . . . . . . . . . . . . . . . . . . . . . 703 D DAMP, DAMPNESS Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.7 Item 13 INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®33 Window, door frames . . . . . . . . . . . . . . . . . . . .304.13 DANGEROUS, HAZARDOUS Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Electrical hazards . . . . . . . . . . . . . . . . .604.3, 604.3.1 Existing remedies . . . . . . . . . . . . . . . . . . . . . . . .102.4 Imminent danger. . . . . . . . . . . . . . . . . . . . . . . . . . 202 Unsafe equipment . . . . . . . . . . . . . . . . . . . . . 108.1.2 Unsafe structures or premises . . . . . . . . . . . . 108.1.5 DECKS Handrails and guardrails. . . . . . . . . . . . . . . . . .304.12 Maintenance. . . . . . . . . . . . . . . . . . . . . 304.2, 304.10 DEMOLITION Existing remedies . . . . . . . . . . . . . . . . . . . . . . . .102.4 Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .110.3 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .110.2 Salvage materials. . . . . . . . . . . . . . . . . . . . . . . .110.4 DETECTORS Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 704 DETERIORATION Components of systems. . . . . . . . . . . . . . . . . 306.1.1 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Exterior structure . . . . . . . . . . . . . . . . . . . . . . 304.1.1 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . . . . .304.6 DIRECT Egress . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.1 DISPOSAL Disposal of garbage . . . . . . . . . . . . . . . . . . . . . .308.3 Disposal of rubbish. . . . . . . . . . . . . . . . . . . . . . .308.2 DOOR Exit doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Fire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .703.2 Hardware . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.15 Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Locks . . . . . . . . . . . . . . . . . . . . . . . . . . 304.15, 702.3 Maintenance. . . . . . . . . . . . . . . . . . . . 304.13, 304.15 Weather tight . . . . . . . . . . . . . . . . . . . . . . . . . .304.13 Window and door frames . . . . . . . . . . . . . . . . .304.13 DORMITORY (ROOMING HOUSE, HOTEL, MOTEL) Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . 503.1, 503.2 DRAIN, DRAINAGE Basement hatchways . . . . . . . . . . . . . . . . . . . .304.16 Plumbing connections . . . . . . . . . . . . . . . . . . . . . 506 Storm drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . 507 DUCT Exhaust duct. . . . . . . . . . . . . . . . . . . . . . . . . . . .304.9 Duct systems . . . . . . . . . . . . . . . . . . . . . . . . . . . . 607 DUST Process ventilation . . . . . . . . . . . . . . . . . . . . . . 403.4 DWELLING Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 305.1, 308.1 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Electrical . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.1 Heating facilities . . . . . . . . . . . . . . . . . . . . . . . . . . 602 Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 E EGRESS Aisles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.2 Emergency escape. . . . . . . . . . . . . . . . . . . . . . 702.4 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.1 Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402.2 Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . 702.3 Obstructions prohibited. . . . . . . . . . . . . . . . . . . 702.1 Stairs, porches and railings. . . . . . . . . . . . . . . 304.10, 305.4, 305.5, 307.1 ELECTRIC, ELECTRICAL EQUIPMENT Abatement of hazards, fire exposure . . . . . . . 604.3.2 Abatement of hazards, water exposure . . . . . 604.3.1 Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . 108.1 Electrical equipment . . . . . . . . . . . . . . . . . . 604.3.1.1 Facilities required . . . . . . . . . . . . . . . . . . . . . . . 604.1 Hazards. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.3 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.1 Lighting fixtures. . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Receptacles . . . . . . . . . . . . . . . . . . . . . . 604.3, 605.2 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . 601.2 Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 604.2 ELEVATOR, ESCALATORS, DUMBWAITERS Condemnation. . . . . . . . . . . . . . . . . . . . . . . . . . 108.1 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 606.1 Maintenance . . . . . . . . . . . . . . . . . . . . . . 606.1, 606.2 EMERGENCY Emergency escape openings . . . . . . . . . . . . . . 702.4 Emergency measures. . . . . . . . . . . . . . . . . . . . . . 109 Emergency orders. . . . . . . . . . . . . . . . . . . . . . . 109.1 ENFORCEMENT Duties and powers . . . . . . . . . . . . . . . . . . . . . . . . 104 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 EQUIPMENT Alternative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2 Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . 603.5 Condemnation. . . . . . . . . . . . . . . . . . . 108.1.2, 108.3 Electrical installation . . . . . . . . . . . . . . . . . . . . . 605.1 Emergency order . . . . . . . . . . . . . . . . . . . . . . . 109.1 Energy conservation devices . . . . . . . . . . . . . . 603.6 Installation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.1 Item 13 INDEX 34 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Interior structure. . . . . . . . . . . . . . . . . . . . . . . . . 305.1 Placarding . . . . . . . . . . . . . . . . . . . . . . . 108.4, 108.5 Prohibited use . . . . . . . . . . . . . . . . . . . . . . . . . . 108.5 Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . 601.2 Safety controls. . . . . . . . . . . . . . . . . . . . . . . . . . 603.4 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Scope, mechanical and electrical . . . . . . . . . . . 601.1 Support, definition . . . . . . . . . . . . . . . . . . . . . . . . 202 Unsafe . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.2 Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.4 EXHAUST Clothes dryer . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.5 Exhaust ducts . . . . . . . . . . . . . . . . . . . . . . . . . . 304.9 Process ventilation. . . . . . . . . . . . . . . . . . . . . . . 403.4 EXISTING Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.4 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Structural members . . . . . . . . . . . . . . . 304.1.1, 304.4 Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.3 EXTERIOR Decorative features . . . . . . . . . . . . . . . . . . . . . . 304.8 Exterior structure . . . . . . . . . . . . . . . . . . . . . . . . . 304 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.6 Painting . . . . . . . . . . . . . . . . . . . . . . . . . 304.2, 304.6 Rodent harborage . . . . . . . . . . . . . . . . . 302.5, 304.5 Sanitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.1 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1 Stair . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.10 Street numbers . . . . . . . . . . . . . . . . . . . . . . . . . 304.3 Unsafe conditions . . . . . . . . . . . . . . . . . . . . . 304.1.1 Weather tight . . . . . . . . . . . . . . . . . . . . . . . . . . 304.13 F FAN Exhaust vents . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6 FEES, EXPENSES, COST Closing vacant structures . . . . . . . . . . . . . . . . . 108.2 Demolition . . . . . . . . . . . . . . . . . . 110.1, 110.3, 110.4 Extermination. . . . . . . . . . 309.2, 309.3, 309.4, 309.5 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103.5 Relief from personal liability. . . . . . . . . . . . . . . . 103.4 FENCE Accessory . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.7 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.2 FIRE Automatic sprinkler systems . . . . . . . . . . . . . 704.1.1 Fire-resistance-rated assemblies. . . . . . . . . . . . 703.1 Fire department connection. . . . . . . . . . . . . . 704.1.2 Fire protection systems . . . . . . . . . . . . . . . . . . . . 704 Responsibility, fire safety. . . . . . . . . . . . . . . . . . 701.2 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Scope, fire safety . . . . . . . . . . . . . . . . . . . . . . . .701.1 Smoke alarms . . . . . . . . . . . . . . . . . . . . . . . . . .704.2 FLAMMABLE LIQUID Containers . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.2 FLOOR, FLOORING Area for sleeping purposes . . . . . . . . . . . . . . 404.4.1 Fire-resistance ratings . . . . . . . . . . . . . . . . . . . .703.1 Interior surfaces . . . . . . . . . . . . . . . . . . . 305.1, 305.3 Space requirements. . . . . . . . . . . . . . .404.4.1, 404.6 FOOD PREPARATION Cooking equipment . . . . . . . . . . . . . . . . . . . . . .403.3 Sanitary condition. . . . . . . . . . . . . . . . . . 305.1, 404.7 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . .403.4 FOUNDATION Condemnation . . . . . . . . . . . . . . . . . . . . . . . . 108.1.1 Foundation walls . . . . . . . . . . . . . . . . . . . . . . . .304.5 Unsafe conditions. . . . . . . . . . . . . . . 304.1.1, 305.1.1 FRAME Window and door frames. . . . . . . . . . . . . . . . .304.13 G GAS Energy conservation devices. . . . . . . . . . . . . . .603.6 Exhaust vents. . . . . . . . . . . . . . . . . . . . . . . . . . .302.6 GLAZING Materials. . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.13.1 GRADE Drainage. . . . . . . . . . . . . . . . . . . . . . . . . . .302.2, 507 GUARD Anchorage and maintenance. . . . . . . . . . . . . .304.12 Basement windows . . . . . . . . . . . . . . . . . . . 304.18.2 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 H HABITABLE Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Minimum ceiling height. . . . . . . . . . . . . . . . . . . .404.3 Minimum room width . . . . . . . . . . . . . . . . . . . . .404.2 Required plumbing facilities. . . . . . . . . . . . . . . . . 502 Residential heating facilities. . . . . . . . . . 602.2, 602.3 Space requirements. . . . . . . . . . . . . . . . . . . . 404.4.1 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 HANDRAILS AND GUARDRAILS Handrails . . . . . . . . . . . . . . . . . .304.12, 305.5, 307.1 Stairs and porches. . . . . . . . . . . . . . . . . . . . . .304.10 HARDWARE Door hardware . . . . . . . . . . . . . . . . . . . 304.15, 702.3 Openable windows. . . . . . . . . . . . . . . . . . . . 304.13.2 Item 13 INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®35 HAZARDOUS (See DANGEROUS, HAZARDOUS) HEAT, HEATING Energy conservation devices . . . . . . . . . . . . . . .603.6 Fireplaces. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 Heating . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .603.1 Mechanical equipment . . . . . . . . . . . . . . . . . . . .603.1 Required capabilities . . . . . . . . . . . . . . . . . . . . . . 602 Residential heating. . . . . . . . . . . . . . . . . 602.2, 602.3 Supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .602.3 Water heating facilities . . . . . . . . . . . . . . . . . . . .505.4 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 HEIGHT Minimum ceiling height. . . . . . . . . . . . . . . . . . . .404.3 HOT (See HEAT, HEATING) HOTELS, ROOMING HOUSES AND DORMITORY UNITS, MOTELS Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 HOUSEKEEPING UNIT Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 I IDENTIFICATION Code official . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.4 INFESTATION Condemnation . . . . . . . . . . . . . . . . . . . . . . . . 108.1.3 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Insect and rodent . . . . . . . . . . . .302.5, 304.14, 309.1 INSECTS Infestation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .309.1 Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . . . 309 INSPECTIONS General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.2 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 INSPECTOR Identification . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.4 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.2 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104.6 INTENT Code. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.3 INTERIOR Interior structure . . . . . . . . . . . . . . . . . . . . . . . . . . 305 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Means of egress. . . . . . . . . . . . . . . . . . . . . . . . . . 702 Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .305.1 Unsafe conditions. . . . . . . . . . . . . . . . . . . . . . 305.1.1 J JURISDICTION Title. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.1 K KITCHEN Electrical outlets required . . . . . . . . . . . . . . . . . 605.2 Minimum width . . . . . . . . . . . . . . . . . . . . . . . . . 404.2 Prohibited use. . . . . . . . . . . . . . . . . . . . . . . . . 404.4.4 Room lighting . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Water heating facilities . . . . . . . . . . . . . . . . . . . 505.4 L LANDING Handrails and guards . . . . . . . . . . . . . . . . . . . 304.12, 305.5, 306.1 Maintenance . . . . . . . . . . . . . . . . . . . . . 304.10, 305.4 LAUNDRY Room lighting . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 LAVATORY Hotels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3 Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 Rooming houses. . . . . . . . . . . . . . . . . . . . . . . . 502.2 Sanitary drainage system . . . . . . . . . . . . . . . . . . . 506 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 LEASE (SELL, RENT) Heat supplied . . . . . . . . . . . . . . . . . . . . . . . . . . 602.3 Salvage materials . . . . . . . . . . . . . . . . . . . . . . . 110.4 Transfer of ownership. . . . . . . . . . . . . . . . . . . . 107.6 LIEN Closing of vacant structures . . . . . . . . . . . . . . . 108.2 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.3 Failure to comply. . . . . . . . . . . . . . . . . . . . . . . . 110.3 LIGHT, LIGHTING Common halls and stairways . . . . . . . . . 402.2, 605.3 General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Habitable rooms . . . . . . . . . . . . . . . . . . . . . . . . 402.1 Kitchen . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Laundry rooms . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Luminaires . . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 Other spaces. . . . . . . . . . . . . . . . . . . . . . . . . . . 402.3 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . 401.2 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . 605.3 LIVING ROOM Room area . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.1 Item 13 INDEX 36 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® LOAD, LOADING Elevators, escalators and dumbwaiters. . . . . . . 606.1 Handrails and guardrails . . . . . . . . . . . 304.12, 305.5 Live load . . . . . . . . . . . . . . . . . . . . . . . . 304.4, 305.2 Stairs and porches. . . . . . . . . . . . . . . . 304.10, 305.2 Structural members . . . . . . . . . . . . . . . . 304.4, 305.2 M MAINTENANCE Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.2 MATERIAL Alternative . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.2 Salvage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.4 Used . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.4 MEANS OF EGRESS (See EGRESS) MECHANICAL Installation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.1 Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . . 601.2 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 601.1 Ventilation, general . . . . . . . . . . . . . . . . . . . . . . . 403 Ventilation, toilet rooms . . . . . . . . . . . . . . . . . . . 403.2 MINIMUM Ceiling height. . . . . . . . . . . . . . . . . . . . . . . . . . . 404.3 Room area. . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.1 Room width . . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.2 MODIFICATION Approval. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.1 MOTEL (See HOTELS) MOTOR VEHICLES Inoperative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 Painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 N NATURAL Lighting . . . . . . . . . . . . . . . . . . . . . . . . . . . 401.3, 402 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . 401.3, 403 NOTICES AND ORDERS Appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111.1 Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.2 Method of service . . . . . . . . . . . . . . . . . . . . . . . 107.3 Orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Owner, responsible person . . . . . . . . . . . . . . . . 107.1 Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107.5 Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Transfer of ownership . . . . . . . . . . . . . . . . . . . . 107.6 Unauthorized tampering . . . . . . . . . . . . . . . . . . 107.4 Vacating structure . . . . . . . . . . . . . . . . . . . . . . . 108.2 NOXIOUS Process ventilation. . . . . . . . . . . . . . . . . . . . . . . 403.4 Weeds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.4 NUISANCE Closing of vacant structures. . . . . . . . . . . . . . . .108.2 O OBSTRUCTION Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .402.1 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 OCCUPANCY (See USE) OPENABLE Locked doors . . . . . . . . . . . . . . . . . . . . . . . . . . .702.3 Windows. . . . . . . . . . . . . . . . . . . . . . .304.13.2, 403.1 OPERATOR Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 ORDER (See NOTICE) ORDINANCE, RULE Applicability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 102 Application for appeal. . . . . . . . . . . . . . . . . . . . .111.1 OUTLET Electrical. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .605.2 OWNER Closing of vacant structures. . . . . . . . . . . . . . . .108.2 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .110.3 Insect and rat control . . . . . . . . . .302.5, 309.2, 309.4 Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . 107.1, 108.3 Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . .309.2 Placarding of structure. . . . . . . . . . . . . . . . . . . .108.4 Responsibility. . . . . . . . . . . . . . . . . . . . . . . . . . .301.2 Responsibility, fire safety . . . . . . . . . . . . . . . . . .701.2 Responsibility, light, ventilation . . . . . . . . . . . . .401.2 Responsibility, mechanical and electrical. . . . . .601.2 Responsibility, plumbing facilities. . . . . . . . . . . .501.2 Right of entry . . . . . . . . . . . . . . . . . . . . . . . . . . .104.3 Rubbish storage. . . . . . . . . . . . . . . . . . . . . . . 308.2.1 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Transfer of ownership . . . . . . . . . . . . . . . . . . . .107.6 P PASSAGEWAY Common hall and stairway. . . . . . . . . . . . . . . . .402.2 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Toilet rooms, direct access . . . . . . . . . . . . . . . .503.1 PENALTY Notices and orders. . . . . . . . . . . . . . . . . . . . . . .107.5 Placarding of structure. . . . . . . . . . . . . . . . . . . .108.4 Prohibited occupancy. . . . . . . . . . . . . . . . . . . . .108.5 Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.4 Item 13 INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®37 PEST ELIMINATION Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Insect and rodent control 302.5, 304.5, 304.14, 309.1 Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . .309.1 Responsibility of owner. . . . . . . . . . . . . . 301.2, 309.2 Responsibility of tenant-occupant.309.3, 309.4, 309.5 PLACARD, POST Closing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108.2 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . .108.1 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Emergency, notice . . . . . . . . . . . . . . . . . . . . . . .109.1 Notice to owner. . . . . . . . . . . . . . . . . . . . 107.1, 108.3 Placarding of structure . . . . . . . . . . . . . . . . . . . .108.4 Prohibited use. . . . . . . . . . . . . . . . . . . . . . . . . . .108.5 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.4.1 PLUMBING Clean and sanitary . . . . . . . . . . . . . . . . . . . . . . .504.1 Clearance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .504.2 Connections . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.1 Contamination . . . . . . . . . . . . . . . . . . . . . . . . . .505.2 Employee’s facilities . . . . . . . . . . . . . . . . . . . . . .503.3 Fixtures. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .504.1 Required facilities . . . . . . . . . . . . . . . . . . . . . . . . . 502 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . .501.2 Sanitary drainage system. . . . . . . . . . . . . . . . . . . 506 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .501.1 Storm drainage. . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Supply. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 Water heating facilities . . . . . . . . . . . . . . . . . . . .505.4 PORCH Handrails . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.12 Structurally sound. . . . . . . . . . . . . . . . . . . . . . .304.10 PORTABLE (TEMPORARY) Cooking equipment. . . . . . . . . . . . . . . . . . . . . . .603.1 PRESSURE Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 PRIVATE, PRIVACY Bathtub or shower . . . . . . . . . . . . . . . . . . . . . . .503.1 Occupancy limitations. . . . . . . . . . . . . . . . . . . . .404.1 Required plumbing facilities . . . . . . . . . . . . . . . . . 502 Sewage system . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Water closet and lavatory. . . . . . . . . . . . . . . . . .503.1 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . .505.1 PROPERTY, PREMISES Cleanliness. . . . . . . . . . . . . . . . . . . . . . . 304.1, 308.1 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Emergency measures. . . . . . . . . . . . . . . . . . . . . . 109 Exterior areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302 Failure to comply. . . . . . . . . . . . . . . . . . . . . . . . 110.3 Grading and drainage. . . . . . . . . . . . . . . . . . . . 302.2 Pest elimination, multiple occupancy . . . 302.5, 309.4 Pest elimination, single occupancy. . . . . 302.5, 309.3 Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . 301.2 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1 Storm drainage . . . . . . . . . . . . . . . . . . . . . . . . . . . 507 Vacant structures and land. . . . . . . . . . . . . . . . 301.3 PROTECTION Basement windows. . . . . . . . . . . . . . . . . . . . . 304.17 Fire protection systems. . . . . . . . . . . . . . . . . . . . . 704 Signs, marquees and awnings . . . . . . . . . . . . . 304.9 PUBLIC Cleanliness . . . . . . . . . . . . . . . . . . . . . . . 304.1, 305.1 Egress. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 702.1 Hallway . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 502.3 Sewage system. . . . . . . . . . . . . . . . . . . . . . . . . 506.1 Toilet facilities . . . . . . . . . . . . . . . . . . . . . . 502.5, 503 Vacant structures and land. . . . . . . . . . . . . . . . 301.3 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 PUBLIC WAY Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 R RAIN (PREVENTION OF ENTRY INTO BUILDING EXTERIOR ENVELOPE) Basement hatchways . . . . . . . . . . . . . . . . . . . 304.16 Exterior walls. . . . . . . . . . . . . . . . . . . . . . . . . . . 304.6 Grading and drainage. . . . . . . . . . . . . . . . . . . . 302.2 Roofs. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.7 Window and door frames . . . . . . . . . . . . . . . . 304.13 RECORD Official records . . . . . . . . . . . . . . . . . . . . . . . . . 104.6 REPAIR Application of other codes. . . . . . . . . . . . . . . . . 102.3 Chimneys . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.11 Demolition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110.1 Exterior surfaces. . . . . . . . . . . . . . . . . . . . . . . . 304.1 Intent. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.3 Maintenance . . . . . . . . . . . . . . . . . . . . . . . . . . . 102.2 Signs, marquees and awnings . . . . . . . . . . . . . 304.9 Stairs and porches . . . . . . . . . . . . . . . . . . . . . 304.10 Weather tight. . . . . . . . . . . . . . . . . . . . . . . . . . 304.13 Workmanship . . . . . . . . . . . . . . . . . . . . . . . . . . 102.5 REPORTS Test reports. . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.2 RESIDENTIAL Pest elimination. . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Residential heating . . . . . . . . . . . . . . . . . . . . . . 602.2 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 Item 13 INDEX 38 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® RESPONSIBILITY Pest elimination . . . . . . . . . . . . . . . . . . . . . . . . . . 309 Fire safety . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 701.2 Garbage disposal. . . . . . . . . . . . . . . . . . . . . . . . 308.3 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.2 Mechanical and electrical . . . . . . . . . . . . . . . . . 601.2 Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1 Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Plumbing facilities . . . . . . . . . . . . . . . . . . . . . . . 501.2 Rubbish storage. . . . . . . . . . . . . . . . . . . . . . . 308.2.1 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2, 301.1 REVOKE, REMOVE Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Existing remedies . . . . . . . . . . . . . . . . . . . . . . . 102.4 Removal of placard . . . . . . . . . . . . . . . . . . . . 108.4.1 Rubbish removal . . . . . . . . . . . . . . . . . . . . . . 308.2.1 RIGHT OF ENTRY Duties and powers of code official. . . . . . . . . . . 104.3 Inspections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104.2 RODENTS Basement hatchways. . . . . . . . . . . . . . . . . . . . 304.16 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Foundations. . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.5 Guards for basement windows . . . . . . . . . . . . 304.17 Harborage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.5 Insect and rodent control . . . . . . . . . . . . . . . . . . 309.1 Pest elimination . . . . . . . . . . . . . . . . . . . . . 302.5, 309 ROOF Exterior structure . . . . . . . . . . . . . . . . . . . . . . . . 304.1 Roofs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.7 Storm drainage . . . . . . . . . . . . . . . . . . . . . . . . . . 507 ROOM Bedroom and living room. . . . . . . . . . . . . . . . . . 404.4 Cooking facilities . . . . . . . . . . . . . . . . . . . . . . . . 403.3 Direct access. . . . . . . . . . . . . . . . . . . . . . . . . . . 503.2 Habitable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402.1 Heating facilities. . . . . . . . . . . . . . . . . . . . . . . . . . 602 Light. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Minimum ceiling heights . . . . . . . . . . . . . . . . . . 404.3 Minimum width. . . . . . . . . . . . . . . . . . . . . . . . . . 404.2 Overcrowding. . . . . . . . . . . . . . . . . . . . . . . . . . . 404.5 Prohibited use . . . . . . . . . . . . . . . . . . . . . . . . 404.4.4 Temperature . . . . . . . . . . . . . . . . . . . . . . . . . . . 602.5 Toilet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 Ventilation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 ROOMING HOUSES (See DORMITORY) RUBBISH Accumulation . . . . . . . . . . . . . . . . . . . . . . . . . . . 308.1 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Disposal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .308.2 Garbage facilities . . . . . . . . . . . . . . . . . . . . . . 308.3.1 Rubbish storage. . . . . . . . . . . . . . . . . . . . . . . 308.2.1 S SAFETY, SAFE Fire safety requirements . . . . . . . 701, 702, 703, 704 Safety controls . . . . . . . . . . . . . . . . . . . . . . . . . .603.4 SANITARY Cleanliness. . . . . . . . . . . . . . . . . . . . . . . 304.1, 305.1 Disposal of garbage. . . . . . . . . . . . . . . . . . . . . .308.3 Disposal of rubbish. . . . . . . . . . . . . . . . . . . . . . .308.2 Exterior property areas. . . . . . . . . . . . . . . . . . . .302.1 Exterior structure . . . . . . . . . . . . . . . . . . . . . . . .304.1 Food preparation . . . . . . . . . . . . . . . . . . . . . . . .404.7 Furnished by occupant. . . . . . . . . . . . . . . . . . . .302.1 Grease interceptors . . . . . . . . . . . . . . . . . . . . . .506.3 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Plumbing fixtures . . . . . . . . . . . . . . . . . . . . . . . .504.1 Required plumbing facilities. . . . . . . . . . . . . . . . . 502 Scope. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101.2 SCREENS Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 SECURITY Basement hatchways. . . . . . . . . . . . . . . . . . 304.18.3 Building . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.18 Doors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.18.1 Vacant structures and land . . . . . . . . . . . . . . . .301.3 Windows. . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.18.2 SELF-CLOSING SCREEN DOORS Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 SEPARATION Fire-resistance ratings . . . . . . . . . . . . . . . . . . . . . 703 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .404.1 Separation of units. . . . . . . . . . . . . . . . . . . . . . .404.1 SERVICE Electrical. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .604.2 Method. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .107.3 Notices and orders. . . . . . . . . . . . . . . . . 107.1, 108.3 Service on occupant. . . . . . . . . . . . . . . . . . . . . .108.3 SEWER General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Maintenance. . . . . . . . . . . . . . . . . . . . . . . . . . . .506.2 SHOWER Bathtub or shower . . . . . . . . . . . . . . . . . . . . . . .502.1 Rooming houses . . . . . . . . . . . . . . . . . . . . . . . .502.2 Water-heating facilities. . . . . . . . . . . . . . . . . . . .505.4 Water system. . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 Item 13 INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®39 SIGN Signs, marquees and awnings . . . . . . . . . . . . . .304.9 Unauthorized tampering . . . . . . . . . . . . . . . . . . .107.4 SINGLE-FAMILY DWELLING Extermination . . . . . . . . . . . . . . . . . . . . . . . . . . . . 309 SINK Kitchen sink . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.1 Sewage system . . . . . . . . . . . . . . . . . . . . . . . . . . 506 Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 SIZE Efficiency unit . . . . . . . . . . . . . . . . . . . . . . . . . . .404.6 Habitable room, light. . . . . . . . . . . . . . . . . . . . . . . 402 Habitable room, ventilation. . . . . . . . . . . . . . . . . . 403 Room area . . . . . . . . . . . . . . . . . . . . . . . . . . . 404.4.1 SMOKE ALARMS Alarms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .704.2 Installation near bathrooms . . . . . . . . . . . . . . 704.2.2 Installation near cooking appliances. . . . . . . . 704.2.1 Interconnection. . . . . . . . . . . . . . . . . . . . . . . . . .704.4 Power source . . . . . . . . . . . . . . . . . . . . . . . . . . .704.3 SPACE General, light . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 General, ventilation. . . . . . . . . . . . . . . . . . . . . . . . 403 Occupancy limitations. . . . . . . . . . . . . . . . . . . . . . 404 Privacy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .404.1 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .401.1 STACK Smoke . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .304.11 STAIRS Common halls and stairways, light. . . . . . . . . . .402.2 Exit facilities . . . . . . . . . . . . . . . . . . . . . . . . . . . .305.4 Exterior property areas. . . . . . . . . . . . . . . . . . . .302.3 Handrails . . . . . . . . . . . . . . . . . . . . . . . 304.12, 305.5 Lighting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .605.3 Stairs and porches . . . . . . . . . . . . . . . . . . . . . .304.10 STANDARD Referenced. . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.7 STOP WORK ORDER Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.1 Emergencies. . . . . . . . . . . . . . . . . . . . . . . . . . . .112.3 Failure to comply . . . . . . . . . . . . . . . . . . . . . . . .112.4 Issuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112.2 STORAGE Food preparation . . . . . . . . . . . . . . . . . . . . . . . .404.7 Garbage storage facilities. . . . . . . . . . . . . . . . . .308.3 Rubbish storage facilities . . . . . . . . . . . . . . . . 308.2.1 Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .308.1 STRUCTURE Accessory structures . . . . . . . . . . . . . . . . . . . . .302.7 Closing of vacant structures . . . . . . . . . . . . . . . .108.2 Definition. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 Emergency measures. . . . . . . . . . . . . . . . . . . . . . 109 General, condemnation. . . . . . . . . . . . . . . . . . . . . 110 General, exterior. . . . . . . . . . . . . . . . . . . . . . . . 304.1 General, interior structure. . . . . . . . . . . . . . . . . 305.1 Placarding of structure . . . . . . . . . . . . . . . . . . . 108.4 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 301.1 Structural members. . . . . . . . . . . . . . . . . 304.4, 305.2 Vacant structures and land. . . . . . . . . . . . . . . . 301.3 SUPPLY Combustion air . . . . . . . . . . . . . . . . . . . . . . . . . 603.5 Public water system . . . . . . . . . . . . . . . . . . . . . 505.1 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 Water supply. . . . . . . . . . . . . . . . . . . . . . . . . . . 505.3 Water system . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 SURFACE Exterior surfaces. . . . . . . . . . . . . . . . . . . 304.2, 304.6 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . 305.3 SWIMMING Enclosure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 303.2 Safety covers . . . . . . . . . . . . . . . . . . . . . . . . . . 303.2 Swimming pools . . . . . . . . . . . . . . . . . . . . . . . . 303.1 T TEMPERATURE Nonresidential structures . . . . . . . . . . . . . . . . . 602.4 Residential buildings. . . . . . . . . . . . . . . . . . . . . 602.2 Water-heating facilities . . . . . . . . . . . . . . . . . . . 505.4 TENANT Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101.2 TEST, TESTING Agency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.1 Methods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.1 Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3.2 Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105.3 TOXIC Process ventilation . . . . . . . . . . . . . . . . . . . . . . 403.4 TRASH Rubbish and garbage . . . . . . . . . . . . . . . . . . . . . . 308 U UNOBSTRUCTED Access to public way. . . . . . . . . . . . . . . . . . . . . 702.1 General, egress . . . . . . . . . . . . . . . . . . . . . . . . 702.1 UNSAFE STRUCTURES AND EQUIPMENT Abatement methods . . . . . . . . . . . . . . . . . . . . . 108.6 Dangerous structure or premises . . . . . . . . . . 108.1.5 Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.2 Existing remedies . . . . . . . . . . . . . . . . . . . . . . . 102.4 General, condemnation. . . . . . . . . . . . . . . . . 108, 110 General, demolition. . . . . . . . . . . . . . . . . . . . . . . . 110 Item 13 INDEX 40 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Notices and orders. . . . . . . . . . . . . . . . . . . 107, 108.3 Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.7 Structures . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.1.1 USE Application of other codes . . . . . . . . . . . . . . . . . 102.3 General, demolition . . . . . . . . . . . . . . . . . . . . . . . 110 UTILITIES Authority to disconnect . . . . . . . . . . . . . . . . . 108.2.1 V VACANT Abatement methods. . . . . . . . . . . . . . . . . . . . . . 108.6 Authority to disconnect service utilities . . . . . 108.2.1 Closing of vacant structures . . . . . . . . . . . . . . . 108.2 Emergency measure . . . . . . . . . . . . . . . . . . . . . . 109 Method of service . . . . . . . . . . . . . . . . . 107.3, 108.3 Notice to owner or to person responsible. . . . . . . . . . . . . . . . . 107, 108.3 Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108.7 Vacant structures and land . . . . . . . . . . . . . . . . 301.3 VAPOR Exhaust vents . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6 VEHICLES Inoperative. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 Painting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 302.8 VENT Plumbing hazard . . . . . . . . . . . . . . . . . . . . . . . . 504.3 Exhaust vents . . . . . . . . . . . . . . . . . . . . . . . . . . 302.6 Flue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 603.2 VENTILATION Clothes dryer exhaust . . . . . . . . . . . . . . . . . . . . 403.5 Combustion air. . . . . . . . . . . . . . . . . . . . . . . . . . 603.5 Definition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 General, ventilation . . . . . . . . . . . . . . . . . . . . . . . 403 Habitable rooms. . . . . . . . . . . . . . . . . . . . . . . . . 403.1 Process ventilation. . . . . . . . . . . . . . . . . . . . . . . 403.4 Recirculation . . . . . . . . . . . . . . . . . . . . . 403.2, 403.4 Toilet rooms. . . . . . . . . . . . . . . . . . . . . . . . . . . . 403.2 VERMIN Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Insect and rodent control . . . . . . . . . . . . . . 302.5, 309 VIOLATION Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . 106.2 General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107, 108.3 Separate offenses . . . . . . . . . . . . . . . . . . . . . . . 106.4 Placarding of structure. . . . . . . . . . . . . . . . . . . . 108.4 Prosecution . . . . . . . . . . . . . . . . . . . . . . . . . . . .106.3 Strict liability offense . . . . . . . . . . . . . . . . .106.3, 202 Transfer of ownership . . . . . . . . . . . . . . . . . . . .107.6 W WALK Sidewalks. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .302.3 WALL Accessory structures . . . . . . . . . . . . . . . . . . . . .302.7 Exterior surfaces . . . . . . . . . . . . . . . . . . 304.2, 304.6 Exterior walls . . . . . . . . . . . . . . . . . . . . . . . . . . .304.6 Foundation walls . . . . . . . . . . . . . . . . . . . . . . . .304.5 General, fire-resistance rating . . . . . . . . . . . . . .703.1 Interior surfaces . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Outlets required . . . . . . . . . . . . . . . . . . . . . . . . .605.2 Temperature measurement . . . . . . . . . . . . . . . .602.5 WASTE Disposal of garbage. . . . . . . . . . . . . . . . . . . . . .308.3 Disposal of rubbish. . . . . . . . . . . . . . . . . . . . . . .308.2 Garbage storage facilities . . . . . . . . . . . . . . . 308.3.1 WATER Basement hatchways. . . . . . . . . . . . . . . . . . . .304.16 Connections. . . . . . . . . . . . . . . . . . . . . . . . . . . .506.1 Contamination . . . . . . . . . . . . . . . . . . . . . . . . . .505.2 General, sewage . . . . . . . . . . . . . . . . . . . . . . . . . 506 General, storm drainage . . . . . . . . . . . . . . . . . . . 507 General, water system. . . . . . . . . . . . . . . . . . . . . 505 Heating. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.4 Hotels. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.3 Kitchen sink . . . . . . . . . . . . . . . . . . . . . . . . . . . .502.1 Required facilities. . . . . . . . . . . . . . . . . . . . . . . . . 502 Rooming houses . . . . . . . . . . . . . . . . . . . . . . . .502.2 Supply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505.3 System. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 505 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 503 Water-heating facilities. . . . . . . . . . . . . . . . . . . .505.4 WEATHER, CLIMATE Heating facilities. . . . . . . . . . . . . . . . . . . . . . . . . . 602 WEEDS Noxious weeds. . . . . . . . . . . . . . . . . . . . . . . . . .302.4 WIDTH Minimum room width . . . . . . . . . . . . . . . . . . . . .404.2 WINDOW Emergency escape . . . . . . . . . . . . . . . . . . . . . .702.4 Glazing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304.13.1 Guards for basement windows. . . . . . . . . . . . .304.17 Habitable rooms. . . . . . . . . . . . . . . . . . . . . . . . .402.1 Insect screens . . . . . . . . . . . . . . . . . . . . . . . . .304.14 Interior surface. . . . . . . . . . . . . . . . . . . . . . . . . .305.3 Item 13 INDEX 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®41 Light . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 402 Openable windows . . . . . . . . . . . . . . . . . . . . 304.13.2 Toilet rooms . . . . . . . . . . . . . . . . . . . . . . . . . . . .403.2 Ventilation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 403 Weather tight . . . . . . . . . . . . . . . . . . . . . . . . . .304.13 Window and door frames . . . . . . . . . . . . . . . . .304.13 WORKMANSHIP General. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102.5 Item 13 42 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 13 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE®43 EDITORIAL CHANGES – SECOND PRINTING Page 10, definition INFESTATION now reads . . .INFESTATION. The presence, within or contiguous to, a structure or prem- ises of insects, rodents, vermin or other pests. EDITORIAL CHANGES – THIRD PRINTING Page 27, referenced standard IBC—15: section numbers now read . . .102.3, 201.3, 304.1.1, 305.1.1, 306.1.1, 401.3, 702.3 Page 27, referenced standard IEBC—15: section numbers now read . . .102.3, 305.1.1, 306.1.1 Page 27, referenced standard IFC—15: section numbers now read . . .102.3, 201.3, 604.3.1.1, 604.3.2.1, 702.1, 702.2, 704.1, 704.2 Page 27, referenced standard IPC—15: section numbers now read . . .102.3, 201.3, 505.1, 602.2, 602.3 Page 27, referenced standard IRC—15: section numbers now read . . .102.3, 201.3 EDITORIAL CHANGES – FOURTH PRINTING Page 11, Section 303.2: line 8 now reads . . .less than 54 inches (1372 mm) above the bottom of the gate, Item 13 44 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE® Item 13 Special Inspection Program for Building Departments Building departments can approve special inspection agencies with confidence, at no cost, with help from IAS. • Ensures IBC Chapter 17 Compliance • Saves Time• Standardizes Inspections • Shows Due Diligence• Easy to Use • Cost Effective FOR MORE INFORMATION: 1-866-427-4422 www.iasonline.org/si Part of the Accreditation Suite for Building Departments 14-09059 Item 13 14-09332 People Helping People Build a Safer World® At ICC Plan Review Services, our code experts love a good challenge Like reviewing your most complex plan reviews. Our licensed and ICC-certified code experts specialize in delivering the most accurate code analysis to your most complex and complicated projects. After all, no other plan review firm has as much expertise in ALL the International Codes (I-Codes) as the code experts at ICC Plan Review Services. For I-Codes expertise you can trust, visit the ICC Plan Review web page at www.iccsafe.org/PLRF2 or call David Hunter at 888-422-7233, ext. 5577. Item 13 The International Code Council’s Training and Education Department Industry professionals look to ICC to provide the critical knowledge and experiences necessary to excel in today’s challenging world. ICC’s educational programs cover a broad spectrum of code and construction related topics, offering some of the highest quality instruction direct from the source. INSTITUTES Acquire Skills, Share Experiences, Earn CEUs ICC’s training institutes offer a comprehensive education experience and a great way to earn much needed CEUs. Learn best practices from the leading experts in the field, build your network of professional contacts and share experiences. Institutes are held across the country throughout the year. To see the full schedule go to www.iccsafe.org/training. HIRE ICC TO TEACH Bring ICC On-Site and Earn CEUs Give your group the confidence they need to meet tough challenges head-on so they can reach their full potential. ICC’s course catalog contains a wide variety of educational topics that are available for contract at a location of your choice. Customized training is also available to fit your needs. For our full course catalogue go to www.iccsafe.org/hireicc. ICC ONlINE CAmpUS Earn CEUs at Your Own Pace Online courses offer access to a comprehensive training and education portal, providing you with an effective and convenient tool to enhance your professional skills. Courses are available anytime for 99 days following registration. For a quick and easy way to earn CEUs towards your certification, try our Online Certifications Renewal section. Go to www.iccsafe.org/onlinecampus for our full offerings. For more information about ICC’s Training please contact us at 888-ICC-SAFE (422-7233) ext. 33818 or email us at icctraining@iccsafe.org. 14-09372 People Helping People Build a Safer World® Item 13 Growing your career is what ICC Membership is all about As your building career grows, so does the need to expand your code knowledge and job skills. Whether you’re seeking a higher level of certification or professional quality training, Membership in ICC offers the best in I-Code resources and training for growing your building career today and for the future. • Learn new job skills to prepare for a higher level of responsibility within your organization • Improve your code knowledge to keep pace with the latest International Codes (I-Codes) • Achieve additional ICC Certifications to open the door to better job opportunities Plus, an affordable ICC Membership provides exclusive Member-only benefits including: • Free code opinions from I-Code experts • Free I-Code book(s) to new Members* • Access to employment opportunities in the ICC Career Center • Discounts on professional training & Certification renewal exams • Savings of up to 25% off on code books & training materials • Free benefits - Governmental Members: Your staff can receive free ICC benefits too* • And much more! Join the International Code Council (ICC) and start growing your building career now! Visit our Member page at www.iccsafe.org/membership for an application. *Some restrictions apply. Speak with an ICC Member Services Representative for details. People Helping People Build a Safer World® 14-09333 Item 13 Page 1 of 3 To: Mayor and Town Council From: John Webb, AICP, Director of Development Services Through: Harlan Jefferson, Town Manager Re: Town Council Meeting – December 12, 2017 Agenda Item: Discussion on proposed amendments to the Sign Code. (MD17-0009) Background/Description of Agenda Item: The most recent, comprehensive amendments to the Sign Code occurred in 2010, when the Town Council approved an ordinance making the following major changes: •Increased the maximum height of a unified development sign from 10 feet to 12 feet. •Increased the maximum height of a unified development sign that fronts on the Dallas North Tollway or US 380 corridor from 10 feet to 20 feet and increases the maximum area from 120 square feet to 240 square feet. •Increased the maximum height of a monument sign from 6 feet 5 inches to 8 feet and increased the maximum area from 60 square feet to 64 square feet. •Added a provision to allow a property owner or developer to create a Special Purpose Sign District (SPSD) to allow deviations to the sign regulations for multi-tract developments. •Amended the sign variance process by requiring variances to be considered by Town Council in lieu of the Board of Adjustment. The current Sign Code, for the most part, is a similar copy of the City of Frisco’s 2011 ordinance. Frisco adopted comprehensive amendments to its sign regulations in 2016. Staff recommends the Prosper sign code be amended in its entirety due to the following: •In 2015, the United States Supreme Court issued an opinion about local government sign regulations that literally upended years of precedent, resulting in every local government being required to review and amend its sign regulations. The case was Reed v. Town of Gilbert, 135 S.Ct. 2218 (2015), and it addressed to what extent local sign regulations may be based on the message/content of a sign. •With the increase in non-residential development in the Town, certain aspects of our current code have been tested, resulting in certain retailers asking for variances – most notably the maximum height of wall signs. •There is a desire to provide a balance of adequate signage to identify the location of businesses vs. the visual pollution in instances of too many or too large of certain signs. Prosper is a place where everyone matters. PLANNING Item 14 Page 2 of 3 Key Changes: • Sign Types are determined on a content-neutral basis to the greatest degree possible • Measurement of a Sign with Multiple Elements Better illustrations on the methods of measuring irregular-shaped signs • Wall Sign o Changed the way the maximum effective sign area is determined to allow larger wall signs in accordance with recently approved variances  Previously it was determined by wall height: 0-20 feet 3 feet max sign height 75% max percentage of wall length >20-30 feet 4 feet max sign height 60% max percentage of wall length >30 feet 5 feet max sign height 50% max percentage of wall length o Revision states all signs on each façade may not exceed 60 square feet of effective sign area or 10% of the façade, whichever is greater o Separate criteria for freestanding buildings, tenants within a strip center, and tenants within a multi-tenant building • Prohibited Signs Added Balloons/Gas-filled figures to the list • Removed Sign Types in their entirety o Secondary Roof Sign o Subdivision Monument – treated and permitted as a structure, not as a sign o Zoning Sign – to be regulated by the Zoning Ordinance o All Temporary Off-Premise Signage:  Residential (builder)/Civic Directional Sign  Stake Sign  Garage Sale Sign  Civic Sign • Flags The area and heights of the flags were amended in accordance to US Flag Etiquette. Max. pole height in residential area: 30 feet (no change), max pole height in non-residential area: 40 feet (10-foot increase) Limit non-governmental (advertising flags) to max of one (1) - previously max. of three (3) • Monument Sign o Separate criteria for single tenant, multi-tenant, and model home monument signs o Added additional criteria: base size and the requirement of a masonry border around all sides of the sign o Limit size of digital sign display area to 50% of total sign area (32 sq. ft. for a max 64 sq. ft. monument sign; limit the location to signs properties abutting US 380, Preston Rd, and the DNT/Dallas Parkway • Size of Graphics/Text Removed minimum size of graphics/text Item 14 Page 3 of 3 • Political Signs Amended criteria to be consistent with the Texas Election Code by permitting six square foot signs on public property polling locations during early voting and voting day. • Residential Yard Sign Combined Home Improvement Signs, Residential Real Estate Signs, and Yard Signs for content neutral purposes • Wood Frame Sign – Renamed “Property” Sign o Amended name of sign to recognition of varied sign materials o Decreased the maximum effective sign area from 96 square feet to 64 square feet o Removal criteria revised to allow signage until 90% of finish out spaces within a shell building received a Certificate of Occupancy • New Sign Types o Blade Sign – on-premise signs typically hanging above walkways o Downtown Sign – smaller than monument sign in recognition of smaller lots and structures in the downtown area o Incidental Sign – such as on-premise directional signs • Variances o Defined more definitive process for seeking a waiver to the requirement o Council Public Hearing still required, but eliminated notice in newspaper (not required by state law); notice to property owners within 200 feet of request maintained • Awning Sign Added additional criteria: maximum effective sign area, maximum height, minimum clearance • Sign Coordination Plan/Unified Development Zone/Special Purpose Sign District Revised to match what is the current procedure for these types of submittals Attached Documents: 1. Proposed Draft Sign Code 2. Current Sign Code Town Staff Recommendation: Town recommends that the Town Council provide feedback and on the proposed amendments. Following Council input, staff will provide the draft copy to the Prosper Developers Council for their review and feedback. Item 14 Latest Revision 12/3/2017 SIGN ORDINANCE DRAFT Item 14 1 | Page Table of Contents Section Subsection Heading Page 1.01 Purpose 4 1.02 Authority and Jurisdiction 4 1.03 Definitions 4 1.04 Permit Requirements 10 A Permit Required 10 B Application 10 C Fees 10 D Work without a Permit 10 E Permit Expiration 10 1.05 Sign Contractor Registration 11 A Requirement 11 B Timeframe 11 C Fees 11 D Violations 11 1.06 Sign Contractor Certificate of Insurance/Bond 11 A Requirement 11 B Cancellation 11 1.07 Inspections 12 A Compliance Inspections 12 B Periodic Inspections 12 C Notice of non-compliance 12 D Order of Removal 12 1.08 Sign Specifications and Design 12 A Compliance 12 B Visibility 13 C Restrictions 13 D Multiple Signs on a Property or Building 13 E Independent School District (ISD) / Town of Prosper Signage 13 1.09 Sign Measurement 15 A Area 15 B Multiple Elements 16 C Height 17 D Supports 17 Item 14 2 | Page 1.10 Prohibited Signs 18 1.11 Removal/Impoundment of Prohibited Signs 19 A Notification 19 B Expired Signs 19 C Failure to Comply 19 D Town-owned Property 19 1.12 Criteria for Permissible Signs 20 A Attached Signage 20 (1) Awning Sign 20 (2) Banner Sign 20 (3) Blade Sign 22 (4) Canopy Sign 22 (5) Outdoor Machine Sign 23 (6) Projecting Sign 24 (7) Vehicular Sign 24 (8) Wall Sign 25 (9) Window Sign 26 B Freestanding Signage 27 (1) Downtown Sign 27 (2) Flags 28 (3) Human Sign 29 (4) Incidental Sign 29 (5) Menu Board Sign 31 (6) Monument Sign 31 (7) Political Sign 34 (8) Residential Yard Sign 35 (9) Sandwich Board (A-frame) Sign 36 (10) Scoreboard 36 (11) Subdivision Entry Sign 37 (12) Unified Development Sign 38 (13) Property Sign 40 1.13 Sign Coordination Plan 41 A General 41 B Purpose 41 C Application 41 D Procedure 41 1.14 Unified Development Zone (UDZ) 42 A General 42 B Purpose 42 C Application 42 D Procedure 42 Item 14 3 | Page 1.15 Special Purpose Sign District (SPSD) 42 A General 42 B Purpose 42 C Application 43 D Procedure 43 1.16 Sign Requirements Relief Procedure 43 A Petition for Waiver 43 B Application 43 C Procedure 43 1.17 Violations in or on Public Property 44 1.18 Recovery of Impounded Signs 45 1.19 Neglected and Abandoned Signs 45 1.20 Nonconforming Signs 46 1.21 Appeals 47 Item 14 4 | Page 1.01 PURPOSE The purpose of this Article is to regulate the location, size, construction, duration, use, and maintenance of all signs within the Town of Prosper and its extraterritorial jurisdiction on a content-neutral basis. The general objectives of this Article are to balance the rights of individuals to convey their messages through the lawful use of signs with the rights of the public to be protected from potential harm, to promote the health, safety, and welfare of the general public, and to aid in achieving the following goals: A. Safety. To promote the safety of persons and property by providing that signs do not: (1) Create a hazard due to collapse, fire, decay, and/or abandonment; (2) Obstruct firefighting or police observation; or, (3) Create traffic hazards by confusing or distracting pedestrians, motorists, or cyclists. B. Provide information. To promote the efficient transfer of information through the effective use of signs, with messages that: (1) Afford priority to the conveyance of public safety messages; (2) Allow businesses and services to identify themselves to the public; (3) Allow potential customers to locate a business or service; and, (4) Ensure that the right of free speech is preserved. C. Environmental preservation and aesthetics. To protect the public welfare and to preserve and enhance the appearance and economic value of the built environment, by providing that signs: (1) Do not interfere with any scenic views; (2) Do not create visual clutter to persons using the public rights-of-way; (3) Do not create a nuisance to occupants or customers of adjacent property by sign size, height, brightness, or materials; and, (4) Do not have a detrimental effect on land or property values. D. Any pictures or graphics depicted in this ordinance are not intended to portray the content or intended message of a sign but rather to provide a visual example of the applicable requirements. 1.02 AUTHORITY AND JURISDICTION The terms and conditions of this Ordinance shall apply to all signs located within the Town of Prosper and its extraterritorial jurisdiction (ETJ). The Administrative Official shall be responsible for interpreting and administering this Ordinance. Allegations of errors in orders, decisions, and/or determinations by the Administrative Official in the administration of this Ordinance shall be handled in accordance with Section 1.21 of this Ordinance. 1.03 DEFINITIONS Item 14 5 | Page For the purpose of this Ordinance, the following words shall have the following definitions ascribed to them. Words not defined in this Ordinance shall be given their common and ordinary meaning. Abandoned Sign. A sign that remains in place and continues to advertise a business, lessor, service, owner, product, or activity that has ceased operations or has closed for thirty (30) days or more, or pertains to a time, event, or purpose which no longer applies. Administrative Official. A Town employee appointed by the Town Manager to interpret and/or enforce the regulations of this Ordinance. Attached Sign. Any sign affixed to, applied on, or supported by any part of a building located on-premise. Awning Sign. A permanent sign that is directly applied, attached, or painted onto an awning, which is a projection, shelter, or structure of canvas, metal, wood, or other similar approved material, which covers a pedestrian walkway and is intended for protection from the weather or as a decorative architectural feature. Banner Sign. A temporary attached sign having characters, letters, or illustrations applied to plastic, cloth, canvas, or other light fabric, with the only purpose of such non-rigid material being for background. Billboard Sign. A large freestanding sign, generally supported by a metal frame, and consisting of two (2) parallel sign faces which are oriented in opposite directions, used for the display of posters, printed, or painted advertisements that generally direct attention a location other than the premise on which the sign is located. Blade Sign. A permanent sign mounted under an awning or other roof-like structure of a building façade that extends perpendicular to the normal flow of pedestrian traffic. Building. Any structure that has a roof supported by columns or walls for shelter, support, or enclosure intended for persons, animals, or material goods for any use or occupancy. When separated by dividing walls without openings in a manner sufficient to prevent the spread of fire, each portion of such structure separated may be deemed a separate building. Canopy Sign. A permanent sign that is applied, attached, painted, or affixed on a canopy or other roof-like cover over gasoline fuel pumps, vacuum area at car detail facilities, drive-through ATMs (when structure is not attached to the machine), or other areas where services are provided to a patron in a vehicle in which the structure is intended for protection from the weather or as a decorative embellishment. Certificate of Occupancy. An official certificate issued by the Town which indicates conformance with building, zoning, and health safety regulations and authorizes legal use and occupancy of the premises for which it is issued. Changeable Electronic Message/Reader Board Component or Sign (CEMS). A permanent sign or portion of a permanent sign designed to allow advertising or wording to be changed at periodic intervals, either manually or electronically, and is operated whereby light is turned on and off intermittently. This definition includes any illuminated sign in which such illumination is not kept stationary or constant in intensity and color at all times when said sign is in use, including a light emitting diode (“LED”) or digital sign. A term “changeable electronic message/reader board sign” does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices approved by the Federal Highway Administrator as the National Standard. Item 14 6 | Page Dilapidated. Any surface element, background, panels, or support of any sign that has finished materials that are missing, broken, bent, cracked, decayed, dented, harmful, hazardous, illegible, leaning, splintered, ripped, torn, twisted, or unsightly. Dilapidated is further defined as when the sign or its elements are not in compliance with the requirements of the National Electrical Code and/or the International Building Code currently adopted by the Town. DNT/US 380 Corridors. The DNT/US 380 corridors includes the Dallas Parkway/Dallas North Tollway right-of-way and/or the University Drive/US 380 right-of-way. Downtown Sign. A freestanding permanent sign fabricated by using one or more visible posts to support the sign body. Elevations. Drawings to scale of the external face of a building or structure. Effective Sign Area. The area of the sign that is utilized for display of information, does not include the framework or base of the sign. Façade. Any separate face of a building, including parapet walls and omitted wall lines, or any part of a building which encloses or covers usable space. Where separate faces are oriented in the same direction, or in directions within forty-five (45) degrees of one another, they are to be considered as part of a single façade. Flag. A piece of fabric attached to a staff or cord on one (1) end and generally used as a symbol of a nation, state, political subdivision, or organization. Flagpole. A freestanding device permanently placed in the ground for the purpose of flying a flag of the nation, state, political division, or organization. Frame Duration. The time during which the frame continues on a CEMS. Graffiti. Pictures, words, slogans, images, or other artwork painted, drawn, scratched, or applied in any manner to exterior walls, fences, structures, vehicles, stone, statues, buildings, or other items in public view. Graffiti includes the illegal or unauthorized defacing of a building, wall, or other edifice or object by painting, or otherwise, marking it with words, pictures, symbols, advertising, logos, relations with a group, indecent/vulgar images, or offensive language. Human Sign. Any hand-carried or held sign, symbol, or display on persons visible from the public right-of-way, which may include persons dressed in costume. Impounded Sign. A sign that is legally removed by the Administrative Official in accordance with the provisions of this Ordinance. Incidental Sign. A sign that is normally incidental to the allowed use on the property such as, but not limited to, directional signs, entrance, exit, or overhead clearance. Logo. Any registered or recognized design, insignia, or other mark which is used in advertising to identify an organization, individual, company, or product. Major Thoroughfare. A four (4) to six (6) lane divided roadway measuring a minimum 120 feet from right-of-ways, per the Town of Prosper Thoroughfare Design Standards. Minor Thoroughfare. A four (4) lane divided roadway measuring a minimum ninety (90) feet and a maximum 110 feet from right-of-ways, per the Town of Prosper Thoroughfare Design Standards. Mechanical Sign. Any sign which rotates, shakes, or moves by means of a motor, battery, or other means. Item 14 7 | Page Menu Board Sign. A permanent freestanding sign used in conjunction with a drive-through or drive-in for patrons who remain in a vehicle. Merchandise Display. Any goods, wares, merchandise, or other advertising object or structure suspending from any building, pole, structure, sidewalk, parkway, driveway, parking area, or fuel pump island for the purpose of advertising such items. Message Transition. The process or period of changing from one (1) message to another on a CEMS. Model Home Monument. A temporary freestanding sign located within a residential district on a lot containing either a model home that is open to the public for view by customers or a construction or sales trailer for purpose of builder identification. Monument Sign. A permanent freestanding sign that is supported from grade to the bottom of the sign, having or appearing to have a solid and opaque base independent of the principle building or structure, and generally used to identify the name of a business and/or development on the property. Multi-Tenant Monument Sign. A permanent freestanding sign that is supported from grade to the bottom of the sign, having or appearing to have a solid and opaque base independent of the principle building or structure, and generally used to identify multiple businesses within a single lot. Neglected Sign. A sign that has rust, loose parts, or damage as in missing panels, burned out lights, missing letters or characters, faded from its original color, or supports or framework with missing parts and is generally not maintained. Nonconforming Sign. A sign and its supporting structure which do not conform to all or part of the provisions of this Ordinance. Non-Residential Use. Any structure or use not included in the definition of ‘Residential Use’ contained in this Ordinance including, but not limited to, a home-builder model home, a temporary sales trailer, and an apartment leasing office. Notice. A notice required by this Ordinance shall be sufficient if it is submitted by personal delivery, registered or certified mail with return receipt requested, and/or sending the notice through the United States Postal Service. Obscene Sign. A sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. Obsolete. No longer produced or used; out of date. Off-Premise Sign. A sign that advertises, promotes, or pertains to a business, person, organization, activity, event, place, service, product, etc. at a location other than where the sign is located. On-Premise. The property or location on which a business, person, organization, activity, event, place, service, product, etc. is located. Outdoor Machine Sign. A sign located on an outdoor machine, device, or equipment which may include, but are not limited to, coin-operated vending machines, fuel dispensing pumps, telephone facilities, automatic teller machines, automotive vacuum cleaners, amusement rides, and similar machines, devices, or equipment. Item 14 8 | Page Person. Any person, firm, partnership, corporation, company, organization, or business entity of any kind. Pole Sign. A freestanding sign which is constructed on a vertical framework consisting of one (1) upright support secured in the ground. Political Sign. A temporary sign announcing or supporting political candidates or issues in connection with a national, state, or local election. Portable Sign. Any sign not permanently attached to the ground or to a building, which is designed to be easily transported or conveyed to different locations. This term includes, but is not limited to: signs on wheels or affixed to trailers or skids, tent signs, sandwich board (A- frame) signs, T-shaped signs, airborne signs, and similar devices. Premise. A lot, parcel, tract, or plot of land together with the buildings and structures thereon. Prima facie. Accepted as correct until proven otherwise. Prohibited Sign. Signs that do not comply with this or other applicable Ordinances. Signs that are otherwise not allowed within Town boundaries. Projecting Sign. A permanent attached sign that is wholly or partially dependent upon a building for support and extends more than twelve (12) inches from said building, generally at a right angle. Pylon Sign. A permanent freestanding sign that has two (2) or more supports and is permanently affixed to the ground by such supports, but not having the appearance of a solid base. Residential Use. A structure where the primary purpose is to provide a permanent place of residence to an individual or family. Residential Yard Sign. An on-site temporary residential sign used to publicize or announce information at the discretion of the homeowner or tenant of the property such as, but not limited to home improvement signs, residential real estate signs, or school affiliation signs. Revolving Sign. A sign that turns, spins, partially revolves, or completely revolves 360 degrees on an axis. Right-of-Way. The area on, below, or above a public roadway, highway, street, public sidewalk, waterway, or utility easement in which the Town has an interest. Roof Sign. A sign mounted on and supported by the roof portion of a building, above the uppermost edge of a parapet wall and is supported by the building, or a sign that is painted directly upon the roof or top of a building. Sandwich Board (A-frame) Sign. A portable sign consisting of two (2) panels of equal size, which are hinged at the top and placed on the ground or pavement so as to be self-supporting. Scoreboard. A sign located on or adjacent to an athletic field or stadium which is used to display information pertaining to an event at the field or stadium. Sculpted Aluminum Panel. An aluminum sign panel with text or graphic depictions cut out from the panel, typically with a translucent material covering the cut-out from the inner side of the panel. Searchlight. Any use of lighting intended to attract the general public by the waving or moving of light beams. Item 14 9 | Page Sign. Any form of publicity or advertising which directs attention to an individual, business, commodity, service, activity, or product, by means of words, figures, numerals, emblems, devices, trade names, or trademarks, or other pictorial matter that communicates information of any kind to the public. Sign Coordination Plan. A document used to determine consistency and uniformity among signs, their overall location(s) on a given property, and the relationship of the signs to surrounding existing, proposed, and future improvements. Sign Variance. An official written request to the Town Council to allow exceptions to regulations or requirements of this Ordinance. Special Purpose Sign District (SPSD). An overlay district approved by Town Council that exclusively addresses sign regulations within a Unified Development Zone. Subdivision. The division of a lot, tract, or parcel of land into two (2) or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. Subdivision Entry Sign. A sign mounted to a screening wall or engraved into a masonry façade used to identify a residential development. Temporary Sign. Any sign intended for display for a limited period of time and is designated with a timeframe as referenced in this Ordinance. Town. The Town of Prosper. Town Manager. The Town Manager and/or other Town employee appointed by the Town Manager. Unified Development Sign. A freestanding permanent sign that is supported from grade to the bottom of the sign, having or appearing to have a solid and opaque base, independent of the principle building or structure, and generally used to identify the name of multiple non- residential tenants within a Unified Development Zone. Unified Development Zone (UDZ). Multiple lots depicted on the same Site Plan that will be united through common building architecture, building color, building materials, signage, landscaping, access, and parking on contiguous parcels. Vehicle. A motorized machine on wheels, treads, or runners by which any person, material, commodity, or property is or may be transported. Vehicular Sign. A sign painted upon or applied directly to (including magnetic) any truck, car, bus, trailer, boat, recreational vehicle, motorcycle, or other vehicle. Vehicular signs shall exclude bumper stickers, license plates, and inspection and registration stickers. Wall Sign. A permanent sign affixed to or painted on an exterior wall and extending not more than twelve (12) inches from the façade of any building to which it is attached, supported throughout its entire length by the building face. Wind Device. Any pennant flag, streamer, spinner, balloon, or similar device made of cloth, canvas, plastic, or any flexible material designed to float or move freely. Window Sign. A sign affixed to any surface of a window (internal or external) or is located within three (3) feet from the interior window of any establishment. Wood Frame Sign. A temporary freestanding sign that is used to advertise new or future improvement or the sale of the commercial property on which the sign is located. In no case Item 14 10 | Page shall a Wood Frame Sign contain information pertaining to off-premise use. Although Wood Frame Signs are generally constructed of wood, the definition does not exclude metal or plastic signs used for the same purpose. 1.04 PERMIT REQUIRMENTS A. Permit Required. No sign, other than those listed in Section 1.12 of this Ordinance as exempt from the requirement of permit, shall be constructed, placed, attached, altered, displayed, and/or secured to the ground, any building, and/or any structure, until a permit for such sign has been issued by the Development Services Department of the Town of Prosper. B. Application. (1) An application for a sign permit may be obtained from the Development Services Department of the Town of Prosper. The Administrative Official shall complete the review of an application for a sign permit within thirty (30) days of the receipt of said application by the Town. A permit shall be approved if a proposed sign conforms to all Town Ordinances and any currently adopted Building Codes that may be applicable. (2) A diagram shall be provided showing the location of the sign on the property, any applicable dimensions of the proposed sign, as well as any applicable proposed electrical connections. (3) Any sign may be required to provide engineer sealed plans, at the discretion of the Administrative Official, upon review. (4) Incorrect information shall be grounds for revocation of the proposed permit. (5) Plan review comments not addressed within ninety (90) days of comments being sent shall result in the voiding of said permit. C. Fees. (1) Fees for sign permit applications shall be assessed in accordance with the Town’s currently adopted fee schedule. (2) Religious Organizations and non-profit organizations are exempt from any applicable permit fees for temporary signage. They are, however, required to obtain a permit (if applicable) and comply with Ordinance regulations. D. Work without a Permit. A fee of two (2) times the amount of the permit fee shall be assessed for any work done without or prior to the issuance of a permit. E. Permit Expiration. (1) A permit for a sign shall expire if the construction of said sign is not completed and inspected within 180 days from the date the permit is issued. (2) Additional time may be approved by the Administrative Official with just cause, upon receipt of written request prior to expiration of said permit. (3) Upon expiration of a sign permit, any work conducted will therefore be considered as work without a permit and shall be removed per Section 1.11(B) of this Ordinance or shall be re-permitted with additional fees to be assessed. Item 14 11 | Page 1.05 SIGN CONTRACTOR REGISTRATION A. Requirement. A sign contractor who is registered with the Town of Prosper under this Section is authorized to install, construct, or maintain any sign within the Town of Prosper as well as contract for such service. To be registered under this Section, a sign contractor shall submit a Contractor Registration Form, along with a valid state trade license (when applicable), a valid photo identification card, and proof of general liability insurance to the Development Services Department. A registration will be processed if all requirements of Town Ordinances are met. B. Timeframe. A registration is valid for the calendar year in which it was submitted. C. Fees. Please refer to the Town’s approved fee schedule for any applicable registration fees. D. Violations. The registration of any sign contractor may be cancelled at the discretion of the Administrative Official, when such contractor repeatedly violates the requirements of this Ordinance. Conviction in court, whether appealed or not, on two (2) or more violations over a period of twelve (12) months, shall constitute evidence of repeated violation. Any registration thus cancelled shall not be renewed for such contractor, or anyone operating in collaboration with such contractor, until all such violations have been corrected. Once violations have been corrected and approval has been received by the Administrative Official, the contractor's registration may be renewed upon furnishing the bond required in Section 1.06. 1.06 SIGN CONTRACTOR CERTIFICATE OF INSURANCE/BOND A. Requirement. No registration for the installation, placement, and/or maintenance of signs shall be issued to any person nor shall any person install, place, or maintain any sign until such person has provided proof of general liability insurance in the amount of $100,000 to the Administrative Official or filed with the Town Secretary a surety bond in the sum of $5,000. Such bond shall be approved by the Town Manager and shall be conditioned for the installation and/or construction of signs in accordance with the Ordinances of the Town and the laws of the State. Said bond shall provide for the indemnification of the Town for any and all damages or liability which may accrue against it by reason of faulty installation, construction, demolition, repair, removal, defects in, or collapse of any sign for a period of one (1) year after construction or for such a period of time that said sign is maintained or serviced under the direction of the maker of such bond, whichever is longer. Such bond shall further provide for the indemnification of any person who shall, while upon public property or in any public place, incur damage for which the principal name in the bond is legally liable. B. Cancellation. Item 14 12 | Page When any sign contractor’s license has been cancelled as provided in Section 1.05(D), such license shall not be renewed until the contractor furnishes an additional bond in the amount of $5,000 guaranteeing compliance with the provisions of this Ordinance. Said bond will be in place for a period of two (2) years following the renewal of the license and shall be provided on a form approved by the Town Attorney. 1.07 INSPECTIONS A. Compliance Inspections. All signs that require a permit be obtained prior to construction shall require inspection by the Administrative Official as indicated on Town approved permit and/or plan set. B. Periodic Inspections. The Administrative Official reserves the right to perform periodic inspections of all signs regulated by this Ordinance. The purpose of the inspection is to ascertain whether the same is obsolete, unsafe or insecure, dilapidated or deteriorated, and to ensure that the sign has been constructed in accordance with this Ordinance, other applicable Ordinances, and any applicable permits. The method and time of such inspections shall be determined by the Administrative Official. C. Notice of non-compliance. If the Administrative Official determines that any sign is unsafe, insecure, dilapidated, or deteriorated, he shall give written notice to remove or replace said sign to the person or persons responsible, in accordance with this Ordinance. D. Order of Removal. 1. If the permit holder, owner of the sign, or owner of the property on which the sign is located fails to remove or repair the sign within ten (10) days after said notice or fails to file an allegation of error in accordance with this Ordinance, the Administrative Official is hereby authorized to cause the removal of such sign. 2. Any expense incident to the removal of said sign shall be paid by the permit holder, owner of the sign, or owner of the property on which the sign is located. 3. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign which is determined by the Administrative Official to be an immediate threat or danger to the health, safety, and general welfare of the public. 4. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the health, safety, and general welfare of the public. 5. The Town is authorized to file a lien against any property, which is not otherwise exempt, to recover expenses incurred by the Town for the removal of a sign or portion of a sign from the property. 1.08 SIGN SPECIFICATIONS AND DESIGN A. Compliance. All sign structures shall comply with this Ordinance, the Zoning Ordinance for the Town of Prosper, the Building Code as currently adopted, the National Electric Code as currently Item 14 13 | Page adopted, and other Town Ordinances. If the standards as described herein are more restrictive, the provisions of this Ordinance shall apply. B. Visibility. All signs shall observe all visibility requirements. Signs shall not be placed within visibility triangles, corner clips, or V.A.M. (Visibility, Access, and Maintenance) easements. No sign shall be constructed or displayed in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device. C. Restrictions. Unless otherwise permitted within this Ordinance, no person shall post or cause to be posted, attach, or maintain any sign: (1) Upon any Town-owned property or right-of-way without the written permission of the Town Manager; (2) Upon any utility easement. Should a property owner be able to demonstrate to the Administrative Official and/or franchise utility company that there is no other viable location, a sign may be located within the utility easement, subject to written approval from the Administrative Official and/or franchise utility company, and a letter provided by the property owner releasing the Town of any liability for repair or replacement of a sign damaged as a result of work occurring within said utility easement; (3) Upon any tree, publicly-owned light pole, or any utility pole or structure; (4) Upon any fence, railing, or wall, except in accordance with Section 1.12(B)(11); (5) Upon any sidewalk within the right-of-way or a sidewalk easement, curb, gutter, or street, with the exception of house numbers or fire lane designations; (6) Upon or to the supporting members of any fire escape, nor shall it be guyed to or supported by any portion of the fire escape; (7) No sign shall be constructed closer than two (2) feet from any telephone cable, power line, or any street light standard; (8) No sign shall be constructed as to block, partially block, or interfere in any way with a required means of egress from any building or window; (9) No sign shall block, interfere, or otherwise hinder pedestrian or vehicular traffic on a public sidewalk, a public thoroughfare, a fire lane easement, or a driveway required to access parking; and, (10) Signs constructed of glass or other materials which may shatter upon impact are prohibited over public right-of-way. D. Multiple Signs on a Property or Building. The permitting of a sign on a property or building shall not prevent the permitting of other types of signs on a property or building unless the signs are expressly prohibited herein. E. Independent School District (ISD) / Town of Prosper Signage. Signs located on property owned by an Independent School District (ISD) that are used for the purposes related to ISD-sponsored events or activities that do not meet the requirements for a sign in Section 1.09 or permitted in Section 1.12 of this Ordinance are Item 14 14 | Page permitted and are not subject to the Sign Requirements Relief Procedure in Section 1.16 of this Ordinance. Signs prohibited by Section 1.10 of this Ordinance shall not be permitted. Signs located on property owned by the Town of Prosper and operated under direction of Town staff for the purposes related to Town sponsored events or activities or providing information to the general public shall not be required to meet the requirements of this Ordinance. Item 14 15 | Page He i g h t Width 1.09 SIGN MEASUREMENT A. Area. The area of a sign shall be measured as follows: (1) For signs in the shape of a square, rectangle, circle, or similar standard geometric shape, the area shall be calculated by using the standard mathematical formula (height multiplied by width, 3.14 multiplied by radius squared, etc.). (2) For signs with an irregular shape, the area shall be measured by drawing a box around the entire body of the sign, enclosing the sign elements with four (4) intersecting lines. (3) The area of a spherical, cylindrical, or other three-dimensional sign shall be measured by calculating the area of a two-dimensional drawing of the largest elevation of the sign. Area = Height X Width of Face D Item 14 16 | Page (4) Where a sign has two (2) faces, the area of the largest sign face shall be used to determine the area of the sign provided the two (2) faces are within thirty (30) degrees from parallel. Where a sign has two (2) or more faces that are greater than thirty (30) degrees from parallel, the sign area shall either be calculated as the sum of the area of each face, or the sign will constitute two (2) signs (a V-shaped sign). (5) Letters forming a word or name shall be considered a single sign, regardless of the spacing between letters. B. Multiple Elements. (1) When two (2) or more separate items in a sign are separated horizontally or vertically by LESS than the width or height of the largest letter, the items shall be considered a single sign and the area shall be determined by measuring the area enclosing the sign elements with straight, intersecting lines. Item 14 17 | Page (2) When two (2) or more separate items in a sign are separated horizontally or vertically by MORE than the width or height of the largest letter, the items shall be considered separate signs and the area shall be determined individually. C. Height. The height of all signs shall be measured from the top edge of the sign and/or support structure to the average finished grade of the ground below the sign and/or support structure. If a sign is located on a mound, berm, or other raised area for the sole purpose of increasing the height of the sign, the height of the mound, berm, or other raised area shall be included in the height of the sign. D. Supports. The supports of a freestanding sign shall not be included in calculating the area of the sign, but shall be included in the measurement of the height of the sign. Item 14 18 | Page 1.10 PROHIBITED SIGNS The following signs are specifically prohibited: A. Abandoned Signs; B. Merchandise Displays, except as authorized by the Zoning Ordinance; C. Balloons, pennants, streamers, feather signs, air or gas-filled figures, or similar attention- getting devices or wind-activated devices, excluding flags and banners as authorized by this Ordinance; D. Billboard Signs; E. Graffiti; F. Portable Signs, unless specifically permitted within this Ordinance; G. Revolving/Mechanical Signs; H. Roof Signs; I. Wind Devices; J. Pole/Pylon Signs; K. Obscene Signs; L. LED, string or similar lighting outlining windows, doors, or other similar building features; M. Skylights/Searchlights, beacons, or laser lights, unless used in conjunction with a Town authorized Special Event; and, N. Other Signs: (1) Signs which move and/or are animated by means of flashing, traveling, or blinking lights, or other means not providing constant illumination, unless specifically allowed herein; (2) Any sign which emits audible sound, odor, or visible matter; (3) Any lighted sign placed or displayed within 150 feet of a residentially zoned property, or designated as residential on the Future Land Use Plan, unless the lighting is shielded from view of the residential property and indirect light does not exceed ½ lumen measured from any property line of the residential property; (4) Any sign placed on any traffic control device or utility support structure or pole, or over public right-of-way or other public property, unless the sign is placed by the Town, He i g h t He i g h t Item 14 19 | Page County, State, or other authorized governmental agency, or with the permission of the Town, for public purposes, unless permitted within this Ordinance; (5) Temporary Signs remaining after expiration of permit issued by the Town; (6) Off-premise signs, unless specifically permitted within this Ordinance; (7) Any sign placed without a permit, either prior to or after the adoption of this Ordinance, if a permit is required; and, (8) Any sign not referenced within, or governed by this Ordinance. 1.11 REMOVAL/IMPOUNDMENT OF PROHIBITED SIGNS A. Notification. All signs listed in this Section and other prohibited or non-compliant signs shall be considered a public nuisance and are prohibited by this Ordinance. Upon identification of any prohibited sign, the Administrative Official shall provide written notification of the violation to the owner of the property on which the prohibited sign is located and/or the permittee of the sign. The notification shall state that the offending sign shall be removed by the property owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located within the time period prescribed by the Administrative Official. The notification shall further state that if the prohibited sign is not removed within a specific time frame (not to exceed ten (10) days) a citation may be issued and the Town may resort to any civil remedy available, up to and including impoundment. If any sign is determined to present an immediate danger to the health, safety, and general welfare of the public, the Town shall remove it immediately. Within ten (10) days of the removal of the sign, the Town shall notify the owner of the property on which the sign was located of the reason(s) for removal of the sign. B. Expired Signs. Signs authorized by a sign permit with an expiration date shall be removed promptly upon the date of expiration. Signs remaining after the date of expiration shall be deemed prohibited. The sign permit listing the expiration date shall be considered adequate notice of violation. C. Failure to Comply. It shall be unlawful for any person, firm, or corporation receiving such written notice or having an expired permit to fail to comply with the direction of the notice. In the event that there is failure to comply with such notice, provided under Section 1.11(A), the Administrative Official is hereby authorized to cause the removal and impoundment of said sign. Any expenses incident to the removal of said sign shall be the responsibility of the owner, agent, or person having beneficial use of the land, building, or structure upon which said sign was located. D. Town-owned Property. If a sign is placed within the public right-of-way or on a Town-owned property in violation of this Ordinance, the sign shall be immediately removed and impounded. Item 14 20 | Page 1.12 CRITERIA FOR PERMISSIBLE SIGNS The following signs are permissible, subject to the following conditions and the specifications listed in Section 1.08 of this Ordinance. Signs that do not comply with the following conditions and specifications or are not covered within this Ordinance are considered prohibited. A. Attached Signage. (1) Awning Sign (a) Location Permitted in conjunction with non- residential uses or in a residential zoning district for apartment uses for which a building permit and/or Certificate of Occupancy has been issued. The supporting structure may not extend into or over the street right-of- way. No building shall have both a wall sign and an awning sign on the same building face. (b) Maximum Effective Sign Area 75% of the width of the awning (c) Maximum Height 4 feet from base of awning (d) Minimum Clearance 9 feet in height (e) Design Canvas, metal, wood, or other material approved by the Administrative Official. Minimum height for text or graphic elements shall be six (6) inches. Awning shall be secured to the building and may not move in any manner. (f) Permit Required Yes Sign reface requires a separate permit. (g) Fees Per the Town’s currently adopted Fee Schedule Item 14 21 | Page (2) Banner Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. All four (4) corners shall be securely attached to the front, side, or rear surface of a building, excluding banners located on public school property. Shall not face a residential neighborhood unless separated by a major or minor thoroughfare. Public School Banner: Shall be located only on property owned by a public school. Shall be placed no closer than ten (10) feet from the street pavement. (b) Maximum Total Sign Area Forty-eight (48) square feet The width of the sign shall not exceed the storefront width. (c) Minimum Clearance 9 feet in height, when installed in a location that may restrict pedestrian travel. (d) Design Minimum height for text or graphic elements shall be six (6) inches. (e) Maximum Number of Signs One (1) at any given time for any given business. (f) Maximum Number of Occurrences/Year Three (3), two (2) week periods per business per calendar year. Can be consecutive. (g) Exceptions Prior to Business Certificate of Occupancy: One (1) per business for the life of the business. Shall not be counted against the allowances provided above. Special Event Banner: Shall coincide with a Special Event Permit that has been approved by Town staff. Religious organizations that operate in a school or other temporary facility may place a banner during times of worship. The banner cannot be placed earlier than two (2) hours prior to worship and shall be removed no later than two (2) hours after worship. This banner shall not count against the businesses’ annual allowance. With written permission of the Town Manager, banner signs may be placed during social or athletic events at a park or other Town-owned Item 14 22 | Page property. The banners shall be attached to pavilions, fences, vehicles, stakes, or poles. (h) Timeframe Each permit is valid for a two (2) week period. Prior to Business Certificate of Occupancy: Permit shall be issued after issuance of a building permit and within six (6) weeks after the issuance of the Certificate of Occupancy for a period not to exceed two (2) weeks. Special Event Banner: Maximum twenty-one (21) days, unless otherwise approved by Town Council. (i) Removal Shall be removed on the day of the expiration of the permit. Special Event Banner: No later than twenty-four (24) hours after the event. (j) Permit Required Yes (k) Fees Per the Town’s currently adopted Fee Schedule (3) Blade Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Shall be located in the visual path of pedestrians, under covered walkways within a development. (b) Maximum Total Sign Area Three (3) square feet (c) Maximum Height Eighteen (18) inches (d) Minimum Clearance Nine (9) feet (e) Design The upper edge of a blade sign shall not extend vertically above the eave line of a structure. (f) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs One (1) per tenant per elevation (h) Support Shall be supported from the top edge of the sign in an approved manner. (i) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. Item 14 23 | Page (4) Canopy Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Shall be attached to the face of the canopy band that is parallel to a public street. Shall not project more than twelve (12) inches from said band, and shall not project above, below, or beyond the edge of said band. (b) Maximum Effective Sign Area Forty-five (45) square feet No greater than fifty (50) percent of the length of any one (1) side of the canopy band shall be used for signage. (c) Maximum Height Three (3) feet (d) Design Shall only contain the name and/or logo of the company. Pricing and/or sale specials are prohibited. (e) Lighting Canopy signs may only be internally lit. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (f) Maximum Number of Signs Two (2) per public street frontage (g) Canopy Banding Refer to Chapter 3, Section 1.4 (3) of the Town of Prosper Zoning Ordinance. (h) Permit Required Yes (i) Fees Per the Town’s currently adopted Fee Schedule (5) Outdoor Machine Sign (a) Location Shall be directly attached to and flat, not projecting from a machine. May be attached to a canopy, however, said canopy shall be attached as a part of a machine. Shall not obstruct pedestrian or vehicular travel. Item 14 24 | Page (b) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (c) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. (6) Projecting Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. May project into right-of-way but shall be located a minimum of three (3) feet from back of curb of any adjacent street or drive. (b) Maximum Total Sign Area Twelve (12) square feet (c) Minimum Clearance above Sidewalk or Walkway Nine (9) feet (d) Design Minimum height for text or graphic elements shall be six (6) inches. Shall not extend above a building wall. May extend no more than three (3) feet from the façade of a building. (e) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (f) Maximum Number of Signs One (1) per tenant per elevation (g) Support Shall be supported from the side edge of the sign in an approved manner. (h) Permit Required Yes Sign reface requires a separate permit. (i) Fees Per the Town’s currently adopted Fee Schedule Item 14 25 | Page (7) Vehicular Sign (a) Location Shall not be used primarily as static displays, to advertise products and/or services, storage, shelter, or distribution points for commercial products and/or services for the general public. During periods of inactivity, such vehicle may not be parked in the right-of- way or placed in a manner that the sign is readily visible from adjacent public rights-of-way. “For Sale” signs placed in or on vehicles when the vehicle is parked or placed in a manner that the sign is readily visible from adjacent public rights-of-way are prohibited with the exception that one (1) vehicle containing a “For Sale” sign parked or placed at an occupied single-family, two-family, townhome, or multi-family dwelling unit is permitted. (b) Design The signs shall be painted upon or applied directly to an integral part of the vehicle. (c) Maintenance The vehicle shall be in operating condition, currently registered and licensed to operate on public streets, and actively used in the daily function of the business to which such sign relates. (d) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. (8) Wall Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Shall not be allowed on any façade (other than the main front of the building) that faces property zoned or designated on the Future Land Use Plan, for single-family uses, if the sign is within 150 feet of the property line of said residential property. Tenant within a strip center: Signage shall be restricted to the façade of the tenant space on the building. (b) Maximum Effective Sign Area The total of all effective sign area on each façade, shall not exceed sixty (60) square feet or 10% of the façade, whichever is greater. Tenant within a strip center: Shall be measured by the size of the façade of the tenant space. Item 14 26 | Page (c) Minimum Clearance above sidewalk, walkway or street Nine (9) feet above grade. If sign is painted on the wall, there is no minimum clearance. (d) Design When projections on the wall face prevent the placement of the sign flat against the wall face, the space between the back of the sign and the wall shall be closed at the top, bottom, and ends with incombustible materials. In no case shall an attached sign project above the roof line or parapet wall of any building. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant height of the text or graphic elements. Minimum height allowed for text or graphic elements shall be six (6) inches. (e) Lighting Wall signs with visible or exposed neon, florescent, or LED lighting are prohibited. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (f) Maximum Number of Signs Signage for tenants within a multi-tenant building with a single entry shall be limited to a maximum of two (2) signs per elevation. (g) Permitting Stipulation Signage for tenants within a multi-tenant building with a single entry shall be required to provide a letter from the owner of the building authorizing placement of sign and location at permit submittal. (h) Permit Required Yes Sign reface requires a separate permit. (i) Fees Per the Town’s currently adopted Fee Schedule (9) Window Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Shall be affixed to any surface of a window or within three (3) feet of the interior window glazing. (b) Maximum Total Sign Area Twenty-five (25) percent of the total window area per façade/elevation per tenant. (c) Lighting Illuminated window signs shall not be allowed within three (3) feet of the interior window glazing with the exception of open/closed signs. All lighting shall comply with the currently adopted National Electric Code. Item 14 27 | Page Any electrical work that requires an addition or extension of circuits shall require a separate permit. (d) Exceptions Addresses, open/closed signs, hours of operation, and window signs required by the Town of Prosper are exempt from meeting the maximum sign area criteria as required in this Section of the Ordinance. (e) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. B. Freestanding Signage. 1. Downtown Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued within the area designated as the “Old Town District” in the Town’s Future Land Use Plan. Shall be located a minimum fifteen (15) feet from any property line. (b) Maximum Effective Sign Area Twenty (20) square feet (c) Maximum Height Six (6) feet (d) Design The supporting structure shall be constructed of Trex©, metal, or plastic and painted to match the front building façade of the principal building on the same lot. (e) Lighting May only be illuminated utilizing a ground lighting source where the light itself and supporting structure are not visible from any public right-of-way. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (f) Maximum Number of Signs One (1) per street frontage per lot (g) Minimum Spacing between Signs Seventy-five (75) feet (h) Permitting Stipulation Shall not be permitted on the same lot as a Monument or Unified Development Sign. (i) Permit Required Yes (j) Fees Per the Town’s currently adopted Fee Schedule Item 14 28 | Page 2. Flags (a) Location Permitted in conjunction with any use for which a building permit and/or Certificate of Occupancy has been issued. Shall be located only on private real property with the consent of the property owner. No flags shall be placed in or encroach over or onto any public right-of-way or medians and shall not be attached to fences or trees. Residential: Shall be placed in ground in the front or rear yard of the lot or attached to the primary structure. (b) Maximum Total Area Residential: Forty (40) square feet Non-Residential: Sixty (60) square feet (c) Maximum Height Residential: Thirty (30) feet. Non-Residential: Forty (40) feet. (d) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (e) Maximum Number of Flags Residential: Three (3) Non-Residential: Three (3), however, no more than one (1) non- governmental entity flag may be flown on any property. (f) Support Flagpoles over twenty (20) feet in height, require a professional contractor to install. (g) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. Item 14 29 | Page 3. Human Sign (a) Location Shall be located on private property. Shall not be located within a distance of 300 feet from an intersection of two (2) public streets or thoroughfares for the purpose of traffic and pedestrian safety. May not hold or carry any prohibited signs. (b) Maximum Effective Sign Area Six (6) square feet (c) Exceptions Signs may not be placed or propped on the ground or against any structure or the sign will be considered prohibited. (d) Timeframe Between the hours of 7 am and 8 pm (e) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. 4. Incidental Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Minimum twenty (20) foot setback from front property line. Side and rear setback shall be equal to the height of the sign. Shall be attached to the ground. (b) Maximum Effective Sign Area Five (5) square feet (c) Minimum Base Size Twelve (12) inches (d) Maximum Height Thirty (30) inches (e) Design The design, materials, and finish of the base shall match those of the front building façade of the primary structure on the same lot. The base shall be consistent with the building elements and materials of the Unified Development signs and Monument signs on the same lot, if part of a SPSD. Item 14 30 | Page (f) Lighting All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs Two (2) per acre per lot, additional may be approved through a Sign Coordination Plan as referenced in Section 1.13. (h) Minimum Spacing between Signs Fifty (50) feet (i) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. (j) Fees Yes, per currently adopted Fee Schedule. 5. Menu Board Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued that includes a drive- through or drive-in. Drive-Through Menu Boards and Drive- Through Pre-order Sign: shall be located at the side or rear of the principal building on the lot. Drive-Through Menu Board: Twenty-five (25) foot setback from front property line (b) Maximum Effective Sign Area Drive-Through Menu Board: Forty-eight (48) square feet Drive-Through Pre-Order Sign: Eighteen (18) square feet Drive-In Menu Board: Nine (9) square feet (c) Base Size Shall be supported from the grade to the bottom of the sign having or appearing to have a solid base on a minimum of 80% of the overall sign width, not to be less than twelve (12) inches in height. (d) Maximum Height Six (6) feet (e) Design The design, materials, and finish shall match those of the front building façade on the same lot. If the drive-in stalls are covered by a canopy, the signs may be attached directly to the canopy support columns. (f) Lighting Internal lighting may be utilized. All lighting shall comply with the currently adopted National Electric Code. Item 14 31 | Page Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs Drive-Through Menu Board: One (1) per drive-through lane Drive-Through Pre-Order Sign: One (1) at the entrance of a drive-through lane. Drive-In Menu Board: One (1) per ordering station (h) Spacing Between Signs Drive-Through Pre-Order Sign shall be setback twenty (20) feet from a Drive-Through Menu Board in the same drive-through lane. (i) Permit Required Yes Sign reface requires a separate permit. (j) Fees Per the Town’s currently adopted Fee Schedule 6. Monument Sign (a) Location Single Tenant Monument Sign: Permitted in conjunction with non- residential uses or on a lot containing a multi-family use for which a building permit and/or Certificate of Occupancy has been issued. Multi-Tenant Monument Sign: Permitted in conjunction with multiple non-residential uses established on one (1) lot for which a building permit and/or Certificate of Occupancy has been issued. Single Tenant/Multi-Tenant Monument Sign: allowed on the same lot as a Unified Development Sign, but the total number of Unified Development Signs and Single Tenant/Multi-Tenant Monument Signs shall not exceed the total number of lots located within the UDZ unless additional Single Tenant/Multi-Tenant Monuments or Unified Development signs are allowed in accordance with Section 1.12(B)(6)(h) and Section 1.12(B)(12)(g). Single Tenant/Multi-Tenant Monument Sign: Minimum fifteen (15) foot setback from all property lines. May be reduced to one (1) foot for a monument sign located in the City of Irving waterline easement adjacent to US 380 (University Drive) with approval documentation from the City of Irving. Model Home Monument Sign: Permitted in conjunction of a commercial use on a residentially zoned property for which a building permit and/or Certificate of Occupancy has been issued. Item 14 32 | Page Model Home Monument Sign: Shall only be placed on a lot with a model home or sales trailer. Model Home Monument Sign: Front Setback: Fifteen (15) feet, Side/Rear Setback: Ten (10) feet. The front setback may be reduced to three (3) feet for townhome lots, but in no instance shall the sign block visibility on a corner lot. (b) Maximum Total Sign Area Single Tenant Monument Sign: Sixty-four (64) square feet, including the masonry border Multi-Tenant Monument Sign: Eighty (80) square feet, including the masonry border Model Home Monument Signs: Twenty-four (24) square feet, including the masonry border (c) Base Size The height of the base of any monument sign shall be at least twelve (12) inches in height. (d) Maximum Height Single Tenant Monument Sign: Eight (8) feet Multi-Tenant Monument Sign: Ten (10) feet Model Home Monument Sign: Four (4) feet (e) Design Shall be constructed of the same primary masonry materials as the front building façade of the principal building on the same lot and shall be of similar architectural style. Monument signs shall contain a minimum one (1) foot masonry with mortar border around all sides. Monument signs shall be consistent with the building elements and materials of the Unified Development Signs and Incidental Signs within a UDZ. Architectural embellishments may be considered through the review of the Sign Coordination Plan, as defined in Section 1.13. (f) Lighting Single Tenant/Multi-Tenant Monument Sign: may only be illuminated utilizing internal lighting, with the exception of sculpted aluminum panels. For sculpted aluminum panels, a ground lighting source where the light itself and supporting structure are not visible from any public right-of-way may be used. A light detection device and/or photocell sensor shall be installed as part of the sign to ensure the sign’s brightness is dimmed when ambient light conditions darken. No sign within 150 feet of an adjacent residential tract shall create a light nuisance. No sign adjacent to a thoroughfare shall create a light nuisance or an impairment of vision creating a hazard for vehicular or pedestrian traffic. All lighting shall comply with the currently adopted National Electric Code. Item 14 33 | Page Any electrical work that requires an addition or extension of circuits shall require a separate permit. Model Home Monument Sign: Ground lighting where the light itself and supporting structure are not visible from public right-of-way is allowed. (g) Changeable Electronic Message/Reader Board Component Only allowed on Single Tenant Monument Sign located on lots adjacent to a major thoroughfare. Electronic fuel prices are permitted only on the same lot as the fuel center. Maximum fifty (50%) of the effective sign area. Shall be permitted only on properties abutting Preston Road, US 380, and the Dallas North Tollway/Dallas Parkway. Frame Duration shall not be less than ten (10) seconds and shall occur simultaneously on the entire electronic sign face. Message transition shall not be greater than one (1) second. Frame effects such as flashing shall be prohibited. May not be used to display commercial messages relating to products or services that are not offered on-premises. (h) Maximum Number of Signs Single Tenant/Multi-Tenant Monument Sign: One (1) per street frontage per lot. Model Home Monument Sign: One (1) per lot per builder per platted single-family or two-family subdivision. (i) Minimum Spacing Between Signs Where more than one (1) sign is on a lot, minimum spacing required is 150 feet. The distance required between two (2) Single Tenant/Multi- Tenant Monument Signs on adjacent properties is seventy-five (75) feet. (j) Permitting Stipulation Engineer sealed plans for the foundation of the structure is required with permit submittal for a monument sign. Engineer sealed plans for the entire structure is required with permit submittal for a monument sign in excess of eight (8) feet in height. (k) Timeframe Model Home Monument Sign: Permit shall not be issued until a building permit for the model home or sales trailer for said lot has been approved and issued. (l) Removal Model Home Monument Sign: Shall be removed prior to final inspection of home when model is transitioned to a single-family dwelling or upon removal of sales trailer from same lot. (m) Permit Required Yes Sign reface requires a separate permit. (n) Fees Per the Town’s currently adopted Fee Schedule Item 14 34 | Page 7. Political Sign (a) Location Signs are not permitted on Town property or within any righ-of-way, except as required by Texas Election Code Section 61.003 or 85.036. Shall be located on private real property with the consent of the property owner, and not within ten (10) feet of the edge of the street pavement. Shall be allowed in any zoning district. Shall not be located on any utility, light, traffic signal, sign pole, within public right-of-way, and cannot be a traffic or safety hazard. Polling Place: For so long as required by Texas Election Code Section 61.003 and 85.036, may be located on public property upon which there is located a polling place, outside the area described in §61.003, and within the area which is allowed to have signs posted. The sign shall not be located in a manner as to impede pedestrian or vehicular access or create a traffic or safety hazard. (b) Maximum Total Sign Area Thirty-six (36) square feet Polling Place: Six (6) square feet (c) Maximum Height Eight (8) feet Polling Place: Four (4) feet (d) Design Shall not be illuminated or contain any moving elements or parts. (e) Maximum Number of Signs No restrictions. (f) Timeframe Polling Place: Sign shall be allowed to be placed any time during the first day of early voting or election day, whichever is applicable. The sign may remain during the entire period of early voting. Should the polling location also be the site of the election day voting, the sign may remain on the site between the dates of early voting and election day voting. (g) Removal Shall be removed within ten (10) days after the election is decided. Polling Place: Shall be removed within twenty-four (24) hours of the closing of the early voting polling location. Should the polling location also be the site of the election day voting, signage shall be removed within twenty-four (24) hours of the close of the election day polling location. Item 14 35 | Page (h) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. 8. Residential Yard Sign (a) Location Permitted in conjunction with a lot containing a single-family, two-family, dwelling or amulti-family dwelling for which a Certificate of Occupancy has been issued. Shall be located only on private real property with the consent of the property owner. Shall not be placed closer than ten (10) feet from the edge of the street pavement. (b) Maximum Sign Area Six (6) square feet (c) Maximum Height Four (4) feet (d) Maximum Number of Signs Two (2) per lot (e) Permit Required No, but shall comply with the above conditions and specifications listed in Section 1.08. Item 14 36 | Page 9. Sandwich Board (A-frame) Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued. Shall be located a minimum of three (3) feet from the curb or any adjacent street, drive, or parking lot. Shall not be placed in public right-of- way. (b) Maximum Total Sign Area Twelve (12) square feet per side (c) Maximum Height Four (4) feet (d) Minimum Clearance If placed on or adjacent to a sidewalk or walkway, that is not in a public right-of-way, an unobstructed pedestrian clearance of at least four (4) feet in width shall be provided adjacent to the sign. (e) Maximum Number of Signs One (1) per business or tenant (f) Minimum Spacing Between Signs Twenty (20) feet (g) Timeframe May be placed on properties during business hours only. (h) Removal Shall be taken inside place of business at completion of business hours each day. (i) Permit Required Yes (j) Fees Per the Town’s currently adopted Fee Schedule 10. Scoreboard (a) Location Shall be constructed within the limits of and face into the athletic field or stadium. (b) Lighting All lighting shall comply with the currently adopted National Electric Code. Item 14 37 | Page Any electrical work that requires an addition or extension of circuits shall require a separate permit. (c) Changeable Electronic Message/Reader Board Component Allowed (d) Permit Required Yes (e) Fees Per the Town’s currently adopted Fee Schedule 11. Subdivision Entry Sign (a) Location Shall be located within the platted limits of a residential subdivision. Alternative types of subdivision entry signs, including, but not limited to, neighborhood entry signs within an overall subdivision, shall be approved as part of a Sign Coordination Plan as outlined in Section 1.13. (b) Maximum Effective Sign Area Sixty (60) square feet (c) Minimum Base Size Minimum twelve (12) inches (d) Maximum Height Eight (8) feet (e) Design May be in the form of a sign mounted to a screening wall, so long as the sign does not project above the top of the screening wall. (f) Lighting Ground lighting where the light itself and supporting structure are not visible from public right-of-way. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs One (1) Monument Sign or two (2) signs attached to screening walls (not a combination of both) per street entrance. (h) Permit Required Yes (i) Fees Per the Town’s currently adopted Fee Schedule Item 14 38 | Page 12. Unified Development Sign (a) Location Permitted in conjunction with non- residential uses for which a building permit and/or Certificate of Occupancy has been issued within an established Unified Development Zone (UDZ), as referenced in Section 1.14. A Unified Development Sign is allowed on the same lot as a Single Tenant/Multi-Tenant Monument Sign, but the total number of Unified Development Signs and Single Tenant/Multi-Tenant Monument Signs shall not exceed the total number of lots located within the UDZ, unless additional Unified Development Signs and Single Tenant/Multi-Tenant Monument Signs are allowed in accordance with Section 1.12(B)(6)(h) and Section 1.12(B)(12)(g). Fifteen (15) foot setback from front property line. May be reduced to one (1) foot for a Unified Development Sign located in the City of Irving waterline easement adjacent to US 380 (University Drive) with approval documentation from the City of Irving. (b) Maximum Total Sign Area UDZ of 10 acres or less: Eighty (80) square feet UDZ of over 10 acres: may be increased by ten (10) square feet for each acre over ten (10) acres, not to exceed a maximum 120 square feet UDZ of at least thirty (30) acres and signage that fronts along the DNT or US 380 corridors: 240 square feet (c) Minimum Base Size Twenty-four (24) inches (d) Maximum Height UDZ of 10 acres or less: ten (10) feet UDZ of over 10 acres: twelve (12) feet UDZ of at least thirty (30) acres and signage that fronts along the DNT or US 380 corridors: twenty (20) feet (e) Design Shall be constructed of the same primary masonry materials as the front building façade of the principal or main building in the UDZ and shall be of similar architectural style. Shall contain a minimum one (1) foot masonry with mortar border around all sides. Item 14 39 | Page No more than fifty-five (55) percent of the area may be used for the cabinet or text area displaying the tenants of the development The name of the development shall not exceed twenty (20) percent of the overall area. (f) Lighting May only be illuminated utilizing internal lighting, with the exception of sculpted aluminum panels. For sculpted aluminum panels, a ground lighting source where the light itself and supporting structure are not visible from any public right-of-way may be used. A light detection device and/or photocell sensor shall be installed as part of the sign to ensure the sign’s brightness is dimmed when ambient light conditions darken. No sign within 150 feet of an adjacent residential tract shall create a light nuisance. No sign adjacent to a thoroughfare shall create a light nuisance or an impairment of vision creating a hazard for vehicular or pedestrian traffic. All lighting shall comply with the currently adopted National Electric Code. Any electrical work that requires an addition or extension of circuits shall require a separate permit. (g) Maximum Number of Signs One (1) per street frontage of the UDZ. One additional is permitted for each additional 750 linear feet, or portion thereof, of street frontage. (h) Minimum Spacing Between Signs Seventy-five (75) feet from any Single Tenant/Multi-Tenant Monument Sign and/or another Unified Development Sign within an adjacent UDZ. 750 feet, per street frontage, from an additional Unified Development Sign within the same UDZ. (i) Permitting Stipulation A sign permit shall not be issued to construct or place a Unified Development Sign on a property until: i. A Sign Coordination Plan is approved as provided in Section 1.13; ii. A Unified Development Zone (UDZ) is approved by the Town Manager as provided in Section 1.14; and, iii. The proposed Unified Development Sign meets all of the applicable requirements as set forth in Section 1.12(B)(12). (j) Permit Required Yes Sign reface requires a separate permit. (k) Fees Per the Town’s currently adopted Fee Schedule Item 14 40 | Page 13. Property Sign (a) Location Shall be located a minimum fifteen (15) feet from any property line. The minimum setback from the right-of- way may be reduced to one (1) foot when located in the City of Irving waterline easement adjacent to US 380 with approval documentation from the City of Irving. Shall not face a residential neighborhood, unless separated by a major thoroughfare. (b) Maximum Effective Sign Area Sixty-four (64) square feet (c) Maximum Height Twelve (12) feet (d) Design May be constructed of wood, metal or plastic or equivalent during material. Shall have attached, written, or painted in a weatherproof manner the date of placement and the permit number of the sign, in letters not less than one (1) inch in height, in a conspicuous place thereon. (e) Maximum Number of Signs One (1) per property per street frontage DNT or US 380 corridors: Two (2) per street frontage A platted single-family or two-family subdivision shall be considered a single property for the purpose of this Section. (f) Minimum Spacing Between Signs 200 feet (g) Permitting Stipulation Single-Family, Two-Family, or Future Land Use Plan designation: Shall not be located on a lot that contains a structure. (h) Removal Single-Family, Two-Family, or Future Land Use Plan designation: The sign shall be removed upon the completion of the Building Final Inspection for ninety-five (95) percent of the homes within the single-family or two- family subdivision being advertised. Agricultural, Multi-Family, or non-residential zoning, or Future Land Use Plan designation: The sign shall be removed prior to the issuance of the Certificate of Occupancy for any building on the property or ninety (90) percent of finish out spaces within a shell building on the property. (i) Permit Required Yes (j) Fees Per the Town’s currently adopted Fee Schedule Item 14 41 | Page 1.13 SIGN COORDINATION PLAN A. General. A Sign Coordination Plan is required to be prepared for Unified Development Zones, Unified Development Signs, Subdivision Monuments, Special Purpose Sign Districts, and/or Variance requests. B. Purpose. A Sign Coordination Plan is required prior to the permitting of specified signs to determine overall sign locations on a property, the relationship of the sign surrounding existing, proposed, and future improvements, and to determine consistency and uniformity among buildings and signs within a UDZ or residential development. C. Application. A Sign Coordination Plan shall contain the following information: (1) Elevations i. Elevations of the signs illustrating the materials of construction, colors, lighting, font of letters, and dimensions of the signs. ii. If the sign is to be attached to a building, the elevation shall be a composite of the sign and the building. iii. Elevations depicting the size of the signs in relation to the size of the buildings within the development. (2) Site Plan i. A plan drawn to preliminary site plan or site plan specifications of the site illustrating the location of existing and proposed signs on the property and, if required by Town staff, on adjacent properties. ii. For non-residential and multi-family developments, the Sign Coordination Plan shall be submitted to the Town for review with a preliminary site plan or site plan of the property. For single family and two-family developments, the Sign Coordination Plan shall be submitted to the Town for review with a preliminary plat or final plat of the property. iii. Other information to illustrate the consistency and uniformity of the signs, as required by Town staff. D. Procedure. (1) A Sign Coordination Plan required of specific signs shall be submitted to the Development Services Department. (2) The plan shall be reviewed and considered for approval by Town staff. (3) Should staff deny a Sign Coordination Plan, the plan may be forwarded to the Town Manager for their review and consideration upon receipt of a written appeal request. The written appeal request shall be presented to staff in the form of a standard letter, addressed to the Town Manager, and including a narrative describing the Sign Coordination Plan and explaining the intent and reasoning as to why the plan should be approved. Item 14 42 | Page (4) Staff and the Town Manager may approve or deny a Sign Coordination Plan for any reason. (5) The Town Manager’s decision is final. 1.14 UNIFIED DEVELOPMENT ZONE (UDZ). A. General. A Unified Development Zone is required to be prepared for any Unified Development Signs throughout a specified development or area that contains multiple lots. B. Purpose. A Unified Development Zone is required prior to the permitting of specified signs to determine overall Unified Development Sign locations on a property, the relationship of the sign surrounding existing, proposed, and future improvements, and to determine consistency and uniformity among buildings and signs within a development. Only those properties and businesses included within the UDZ shall be allowed to be included on the Unified Development Signs placed within said Unified Development Zone. C. Application. A Unified Development Zone application shall be submitted on a form provided by the Town and contain the information as noted in the Development Manual. D. Procedure. (1) A Unified Development Zone required for Unified Development Signs shall be submitted to the Development Services Department. (2) The plan shall be reviewed and considered for approval or denial by Town staff in accordance with the Sign Code. Any proposed deviations shall require the submittal of an application for a Special Purpose Sign District. 1.15 SPECIAL PURPOSE SIGN DISTRICT (SPSD). A. General. The SPSD is an overlay district that exclusively addresses sign regulations. It allows an applicant, subject to approval of the Town Council, the option of designating an area where the signs may deviate from the underlying sign regulations, to the extent so expressly provided in the Ordinance adopting the particular SPSD. If not so expressly provided, the underlying sign regulations shall control. B. Purpose. (1) Promote consistency among signs within a development thus creating visual harmony between signs, buildings, and other components of the property; (2) Enhance the compatibility of signs with the architectural and site design features within a development; (3) Encourage signage that is in character with planned and existing uses thus creating a unique sense of place; and, Item 14 43 | Page (4) Encourage multi-tenant commercial uses to develop a unique set of sign regulations in conjunction with development standards. C. Application. Each applicant for the creation or amendment of an SPSD shall submit a completed SPSD application to the Development Services Department which shall contain all required supporting material as listed in the Development Manual. The application shall be accompanied by payment of the appropriate fee as established by the Town in the adopted fee schedule, on or before a scheduled submission date. Applications shall be complete for acceptance. D. Procedure. (1) Consideration for the creation or amendment to an SPSD may be initiated only with written consent of the property owners or by the Town Council on its own motion when it finds that public benefit will be derived from consideration of such matter. (2) The Development Services staff shall review the application and create a report for the Town Council. Every application shall automatically be forwarded to the Town Council for action. No change, however, shall become effective until after the adoption and publication of an ordinance for the proposed SPSD. (3) Town Council may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application for any reason. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the Town for six (6) months from the original date of denial. 1.16 SIGN REQUIREMENTS RELIEF PROCEDURE. A. Petition for Waiver. A petition for a Waiver to a particular standard or requirement of this ordinance is to determine whether such particular standard or requirement should be applied to an application or modified. A Waiver is a change to the standards, not otherwise permitted by this ordinance B. Application. (1) A request for a Waiver to a particular standard or requirement of this ordinance shall be submitted on a form provided by the Town and accompanied by the prescribed fee set forth in the adopted Fee Schedule. (2) The Applicant’s petition shall state the grounds for Waiver. (3) The Applicant bears the burden of proof to demonstrate in the application the following: (i) the requirement for which the Waiver is requested imposes an undue hardship on the Applicant, (ii) the proposed sign shall be of a unique design or configuration, (iii) the waiver is needed due to a hardship caused by restricted area, shape, topography, or physical features that are unique to the property or structure on which the proposed sign would be placed, and such hardship is not self-imposed; and Item 14 44 | Page (iv) the waiver will substantially improve the convenience and welfare of the public and does not violate the intent of this Ordinance (4) Incomplete applications shall not be accepted. (5) An application for a Waiver shall not be accepted for a sign that is prohibited by Section 1.10 of this Ordinance. C. Procedure. (1) The Development Services staff shall review the application and create a report for the Town Council. Every application shall automatically be forwarded to the Town Council for consideration as a Public Hearing item. (2) Prior to the tenth (10th) day before the Town Council Public Hearing, written notice of the proposed waiver shall be sent to each owner, as indicated by the most recently approved Municipal Tax Roll, of property within two hundred (200) feet of the property in which the waiver is proposed. (3) Town Council may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application for a waiver for any reason. 1.17 VIOLATIONS IN OR ON PUBLIC PROPERTY A. Unless permitted by this Ordinance, any sign of any nature that is placed, constructed, or maintained on public property in violation of the Sign Ordinance, shall be subject to the following: (1) The sign may be subject to confiscation by Town personnel. i. Signs confiscated may be retained for a period of five (5) calendar days from the day after confiscation; (2) It shall be prima facie evidence that the property owner of record at the address specified on a confiscated sign is responsible for the offense of placing, constructing, or maintaining such sign, and upon conviction, that person shall be guilty of a misdemeanor; and, (3) If such a sign contains no identifying information other than a telephone number, such information shall be prima facie evidence that the property owner of record at the telephone number specified on a confiscated sign is responsible for the offense of placing, constructing, or maintaining such sign, and upon conviction, that person shall be guilty of a misdemeanor. B. The following evidence relative to the name, address, or telephone number contained in the following records is prima facie evidence of the contents of the record. (1) Name. An authenticated photograph of the sign showing the name of the person allegedly responsible, or the sign itself. (2) Address. A certified copy of that section of the most recent tax roll or appraisal district record which shows the name and address of the record property owner and an authenticated photograph of the sign or the sign itself. Item 14 45 | Page (3) Telephone Number. An authenticated photograph of the sign or the sign itself showing the telephone number and a copy of the most recent telephone directory showing the listing, or a letter or other document from the telephone company showing the listed person and address at that telephone number. C. Any presumption contained in this Section is rebuttable and shall have the effects and consequences set forth in V.T.C.A. Penal Code §2.05. 1.18 RECOVERY OF IMPOUNDED SIGNS A. Impounded signs may be recovered by the owner within five (5) days from impoundment by paying a fee as established by the Town in the adopted fee schedule. B. Signs not recovered within five (5) days of impoundment may be disposed of by the Town in any manner it shall elect. 1.19 NEGLECTED AND ABANDONED SIGNS A. Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited by this Ordinance. B. Upon written notification to the permit holder by the Administrative Official, such abandoned signs shall be removed from the premises and neglected signs shall be repaired or removed from the premises by the property owner, agent, or person having beneficial use of the land, building, or structure upon which said sign is located. C. The notification shall state that the offending sign shall be repaired or removed by the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located within ten (10) days. The notification shall further state that if the sign is not removed or repaired, a citation may be issued and the Town may resort to any civil remedy available to remove or repair the sign, up to and including impoundment. D. If any sign is determined to present an immediate danger to the health, safety, and general welfare of the public, the Town shall remove it immediately. Within ten (10) days of the removal of the sign, the Town shall notify the owner of the property on which the sign was located of the reason(s) for removal of the sign. E. It shall be unlawful for any person, firm, or corporation receiving such written notice to fail to comply with the direction of the notice. In the event of failure to comply with such notice provided under Section 1.07(C), the Administrative Official is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent, or person having beneficial use of the land, building, or structure upon which such sign was located. Item 14 46 | Page 1.20 NONCONFORMING SIGNS A. A nonconforming sign: (1) Was in existence and lawfully placed prior to the effective date of this Ordinance; (2) Was in existence and lawfully located and used in accordance with the provisions of the prior Ordinance applicable thereto, or which was considered legally nonconforming thereunder, and has since been in continuous or regular use; or, (3) Was in existence, located, and used on the premises at the time it was annexed into the Town and has since been in regular and continuous use. B. Any nonconforming sign and its supporting structure, which is destroyed, damaged, dilapidated, or deteriorated, shall not be replaced, repaired, or renovated, in whole or in part, if such replacement, repair, or renovation would require an expenditure of monies in excess of sixty (60) percent of the cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated, or deteriorated. Changing an internal panel of a nonconforming sign is permitted in all cases. C. No sign or supporting structure which is lawfully reproduced, repaired, or renovated as a nonconforming sign shall be increased in area or height. D. Notwithstanding any other provision of this Ordinance, any sign which is a legally existing nonconforming sign hereunder may be relocated on the same lot or tract of property upon which the sign is located in, when acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its power of eminent domain. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this Ordinance. E. A nonconforming sign in the Town or its extraterritorial jurisdiction (ETJ) may be relocated, reconstructed, or removed as provided by law including, but not limited to, Chapter 216 of the Texas Local Government Code as it exists or may be amended. F. If a nonconforming sign is required to be relocated, reconstructed, or removed by the Town, the Mayor shall appoint a municipal board in accordance with Section 216.004 of the Texas Local Government Code, as it exists or may be amended, to be known as the “Municipal Board on Sign Control for Nonconforming Signs”. Once appointed, Board members shall serve for two (2) year terms unless they are removed by the Mayor, they resign, they fail to qualify to serve, or are otherwise removed. 1.21 APPEALS Allegations of errors in orders, decisions, or determinations by the Administrative Official in administration of the sign regulations shall be made in writing by the applicant and heard by the Town Council. An application for such appeal may be obtained from the Town. The Town Council shall hear, if possible, the allegation of errors within thirty (30) days after receipt of a completed application and applicable application fees. The application will require written authorization from the property owner. The Town Council’s decision is final. Item 14 i Regulation of Signs Ordinance Number 10-010 Updated June 26, 2012 Item 14 ii TABLE OF CONTENTS Section Subsection Heading Page 1.01 Definitions 1 1.02 Applicability 2 1.03 Permit Required to erect or install a sign 2 1.04 License Required 3 1.05 Sign Contractor Bond Required 4 1.06 Inspection 4 1.07 Sign specifications and Design 5 1.08 Measurement of Sign Area and Height 6 1.09 Permissible Signs that Require the Issuance of a Sign Permit 8 A Awning Signs 8 B Banner Signs 9 C Inflatable Signs 10 D Monument Signs 10 E Internal Directional Signs 12 F Menu Board Signs 13 G Unified Development Signs 14 H Residential/Civic Directional Signs 16 I Projecting Signs 17 J Secondary Roof Signs 18 K Sandwich Board Signs 18 L Subdivision Entry Signs 19 M Subdivision Monuments 19 N Wall Signs 20 O Wood Frame Signs 21 P Scoreboards 22 Q Canopy Signs 22 R Stake Signs 23 S Garage Sale Signs 24 1.10 Permissible Signs that do not Require the Issuance of a Sign Permit 25 A Flags 25 B Human Signs 25 C Instructional Signs 26 D Vending Machine Signs 26 E Civic Signs 26 F Government Signs 27 G Home Improvement Signs 27 H Residential Real Estate Signs 27 I Yard Signs 27 J Vehicle Signs 28 K Window Signs 28 L Zoning Signs 29 M Political Signs 29 Item 14 iii TABLE OF CONTENTS (CONT.) 1.11 Prohibited Signs 30 A Signs on Vacant Buildings 30 B Merchandise Displays 30 C Balloons or Other Floating Devices 30 D Commercial Billboard Signs 30 E Graffiti 30 F Portable Signs 30 G Revolving Signs 31 H Roof Signs 31 I Wind Device Signs 31 J Pole Signs 31 K Obscene Signs 31 L Other Signs 31 1.12 Special Purpose Sign District 32 1.13 Removal/Impoundment of Prohibited Signs 38 1.13.1 Presumption; Violation in or on Public Property 38 1.14 Recovery of Impounded Signs 39 1.15 Neglected and Abandoned Signs 39 1.16 Nonconforming Signs 40 1.17 Variances 41 1.18 Special Events Signage 42 1.19 Sign Coordination Plan 42 1.20 Illustrations 44 Item 14 1 1.01 DEFINITIONS For the purpose of this Ordinance, the following words shall have the following definitions ascribed to them. Definitions may also be provided elsewhere in this Ordinance. Words not defined in this Ordinance shall be given their common and ordinary meaning: BUILDING OFFICIAL - The Building Official or other Town employee appointed by the Building Official. CHANGEABLE ELECTRONIC VARIABLE MESSAGE SIGN (CEVMS) - means a sign which permits light to be turned on or off intermittently or which is operated in a way whereby light is turned on or off intermittently, including any illuminated sign on which such illumination is not kept stationary or constant in intensity and color at all times when such sign is in use, including light emitting diode (LED) or electronic message board or digital display, and which varies in intensity or color. A CEVMS does not include a sign located within the right-of-way that functions as a traffic control device and that is described and identified in the Manual on Uniform Traffic Control Devices (MUTCD) approved by the Federal Highway Administration or the Texas Department of Transportation. DEVELOPED - A developed property is a non-residential property for which a Certificate of Occupancy has been issued by the Town to occupy a building on the property or a residential property for which a Certificate of Final Acceptance has been issued by the Town. DIGITAL DISPLAY - for the purpose of this code shall have the same meaning as an Electronic Message Board (EMB) or a Changeable Electronic Variable Message Sign (CEVMS). DNT/380 CORRIDOR - means either the Dallas Parkway/Dallas North Tollway right of way or the University Drive/U.S. Hwy. 380 right of way. ELECTRONIC MESSAGE BOARD (EMB) - means any sign with a fixed or changing display/message composed of a series of lights that may be changed through electronic means. Signs that contain alphabetic, pictographic or symbolic informational content can be changed or altered on a fixed display screen composed of electrically illuminated segments. GARAGE SALE SIGN - An off-site or on-site temporary sign that advertises or conveys information relating to the date, time, location, directions, operation, and/or name of a garage sale, neighborhood sale, estate sale, yard sale or similar event. NON-RESIDENTIAL USE - Any structure, activity, or use not included in the definition of Residential Use contained in this ordinance. A home builder model home, a temporary sales trailer, and an apartment leasing office are included in this definition. NOTICE - Notice required by this Ordinance shall be sufficient if it is affected by personal delivery, registered or certified mail, return receipt requested, and/or depositing the notice with the United States mail. ON-PREMISE - The area of real property designated as a lot on a final plat approved by the Town and filed with the County Clerk's Office, or an unplatted tract of land as shown on an abstract. PERSON - Any person, firm, partnership, corporation, company, organization or business entity of any kind. Item 14 2 PROHIBITED SIGN - Any sign listed in Section 1.11 herein, signs that do not comply with this or other applicable ordinances, and signs that are otherwise prohibited. PUBLIC VIEW - A view from any public or Town right-of-way or access easement. RESIDENTIAL USE - Any detached single family, attached single family, duplex, town home, condominium, multifamily, agricultural, or other structure, activity, or use occupied or operated primarily to provide a place of residence to an individual or family. SIGN - Any form of publicity or advertising which directs attention to an individual, business, commodity, service, activity, or product, by means of words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names or trademarks, or other pictorial matter designed to convey such information and displayed by means of print, bills, posters, panels, or other devices erected on an open framework, or attached or otherwise applied to stakes, posts, poles, trees, buildings, or other structures or supports. This definition shall also include any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of a person or entity, or communicate information of any kind to the public. STAKE SIGN - An off-site or on-site sign of a temporary nature supported by a metal or wood stake placed in the ground. Such signs may advertise the sale of a product, good or service or other similar venture with an economic purpose to include but not limited to directional signs, real estate signs, moving services, housekeeping services, lawn care services or any other type of service or sales. Signs may also be utilized for supporting, encouraging, expressing or identifying a philosophy, theory, belief, view, principle, concept, insight or opinion, political posture, position or event, public services or civic announcement or advisory event and/or personal or individual use without a commercial intent. Such signs may include but are not limited to political signs, ideological signs, no trespassing, special event or public services announcements, alarm signs and beware of dog signs, but do not include, among other things, garage sale signs. TOWN - The Town of Prosper. TOWN MANAGER - The Town Manager or other Town employee appointed by the Town Manager. UNDEVELOPED - An undeveloped property is a property for which a Certificate of Occupancy has not been issued by the Town to occupy a building on the property or a residential property for which a Certificate of Final Acceptance has not been issued by the Town. VEHICLE - Any device in, upon, or by which any person or property is or may be transported. 1.02 APPLICABILITY The terms and conditions of this Ordinance shall apply to signs located within the Town of Prosper and its extraterritorial jurisdiction (ETJ). 1.03 PERMIT REQUIRED TO ERECT OR INSTALL A SIGN A. PERMIT REQUIRED. No sign, other than those exceptions listed in Section 1.10 of this Ordinance, shall be erected, placed, attached, altered, displayed, or secured to Item 14 3 the ground, any building, or any structure, until a permit for such sign has been issued by the Building Official. An application for a sign permit may be obtained from the Town’s Public Works/Inspection Department. The Building Official shall approve or deny an application for a sign permit within thirty (30) days of the Town’s receipt of the application. A permit will be issued if a proposed sign conforms to all Town ordinances. Upon request by the Town, a diagram shall be provided showing the location of all signs on the property and/or adjacent properties. Incorrect information shall be grounds for revocation of a permit. B. PERMIT EXPIRATION. If the work authorized by a permit issued under this ordinance has not been commenced within one hundred eighty (180) days after the date of issuance, the permit shall become null and void. C. TO WHOM ISSUED. No permit for the erection of any sign, with the exception of banner and sandwich board signs, shall be issued to any person other than those licensed and bonded in Prosper in accordance with this Ordinance. D. FEES.  The fee for sign permits, excluding garage sale signs, shall be seventy-five (75) dollars per sign.  The permit fee for a garage sale sign shall be ten dollars ($10.00) or as amended in the Town’s Garage Sale Ordinance.  The fee for a variance request to the sign ordinance shall be two hundred dollars ($200.00), plus the costs incurred by the Town for the postage and newspaper publishing for the required public hearing notices.  The fee for a Special Purpose Sign District request shall be five hundred dollars ($500.00), plus the cost incurred by the Town for the postage and newspaper publishing for the required public hearing notices. E. INVESTIGATION. Whenever any work for which a permit is required by this ordinance has been commenced or completed without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then subsequently issued. The investigation fee shall be double the amount of the permit fee required by this ordinance. F. INTERPRETATION AND ADMINISTRATION. The Building Official shall be responsible for interpreting and administering this Ordinance. Allegations of errors in orders, decisions, or determinations of the Building Official in the administration of this Ordinance shall be in accordance with Section 1.16 of this Ordinance. 1.04 LICENSE REQUIRED A. Only a sign contractor licensed under this Section is authorized to install, erect or maintain any sign, except banner and sandwich board signs and all signs for which a permit is not required, or contract for such service. To be licensed under this Section, a sign contractor must apply to the Building Official for a license to install, erect and/or maintain signs. The Building Official shall approve or deny an application for a license within thirty (30) days of the Town’s receipt of the application. A license will be issued if all requirements of Town ordinances are met. The fee for such license shall be one hundred dollars ($100.00) per year. A license is valid twelve (12) months from the date of issuance. Item 14 4 B. The license of any sign contractor may be canceled by the Building Official, when such contractor repeatedly violates the requirements of this Ordinance. Conviction in court, whether appealed or not, on two (2) violations over a period of twelve (12) months, shall constitute evidence of repeated violation. Any license thus canceled shall not be renewed for such contractor or anyone operating in concert with such contractor until all such violations have been corrected. Upon correction of violations, the contractor's license may be renewed upon furnishing the bond required in Section 1.05. 1.05 SIGN CONTRACTOR BOND REQUIRED A. No license for the installation, erection and/or maintenance of signs shall be issued to any person nor shall any person install, erect or maintain any sign, except banner and sandwich board signs and all signs for which a permit is not required, or medium of display or advertising, electric or otherwise, until such person has provided proof of general liability insurance in the amount of one hundred thousand dollars ($100,000.00) to the Building Official or filed with the Town Secretary a surety bond in the sum of five thousand dollars ($5,000.00). Such bond shall be approved by the Town Manager or his/her designee and shall be conditioned for the installation and erection of signs in accordance with the ordinances of the Town and the laws of th e state, and shall provide for the indemnification of the Town for any and all damages or liability which may accrue against it by reason of faulty installation, erection, demolition, repair, removal or defects in, or collapse of, any sign for a period of one (1) year after erection or for such period of time that such sign is maintained or serviced by or under the direction of the maker of such bond, whichever is longer. Such bond shall further provide for the indemnification of any person who shall, while upon public property or in any public place, incur damage for which the principal name in the bond is legally liable. B. When any sign contractor's license has been canceled as provided in Section 1.04(B), such license shall not be renewed until the contractor furnishes an additional bond in the amount of five thousand dollars ($5,000.00) guaranteeing compliance with the provisions of this Ordinance, which bond shall be for a period of two (2) years following renewal of the license, in a form approved by the Town Attorney. 1.06 INSPECTION A. The Building Official reserves the right to perform periodic inspections of all signs regulated by this ordinance. The purpose of the inspection is to ascertain whether the same is obsolete, is unsafe or insecure, is dilapidated or deteriorated, and to ensure that the sign has been constructed in accordance with this Ordinance, any other applicable ordinances, and the applicable permits. The method and time of such inspections shall be determined by the Building Official. B. If the Building Official determines that any sign is unsafe or insecure, or is dilapidated or deteriorated, he shall give written notice to remove or replace (in accordance with this ordinance) said sign to the person or persons responsible for such sign. If the permit holder, owner of the sign or owner of the property on which the sign is located fails to remove or repair the sign within ten (10) days after such notice or to file an allegation of error in accordance with this ordinance, the Building Official is hereby authorized to cause the removal of such sign. Nothing contained herein shall prohibit the immediate removal, without notice, of any sign or portion of a sign which Item 14 5 is determined by the Building Official to be an immediate threat or danger to the public health, safety, or welfare. Any expense incident to the removal of a sign pursuant to this paragraph shall be paid by the permit holder, owner of the sign or owner of the site on which the sign is located. The removal of the sign or portion of the sign shall be limited to the extent necessary to eliminate the threat to the public health, safety and welfare. C. The Town is authorized to file a lien against any property which is not otherwise exempt to recover expenses incurred by the Town for the removal of a sign or portion of a sign from the property. 1.07 SIGN SPECIFICATIONS AND DESIGN A. Compliance with Zoning Ordinance, Building Code, National Electrical Code, and other ordinances – All sign structures shall comply with the Town's Zoning Ordinance, the Building Code, the National Electrical Code, and other Town ordinances, as they currently exist or may be amended. If the standards as described herein are more restrictive, then the provisions of this Ordinance shall apply. B. Visibility – All signs shall observe all visibility requirements. Signs shall not be placed within visibility triangles, corner clips, and V.A.M. (Visibility, Access, and Maintenance) easements. C. Signs Posted in Specified Areas – Unless otherwise permitted within this Ordinance, no person shall post or cause to be posted, attach or maintain any sign upon: 1. Any Town owned property or right-of-way without the written permission of the Town Manager; 2. Any utility easement. Should a property owner be able to demonstrate to the Building Official and/or franchise utility company that there is no other viable location for a sign other than a utility easement, a sign may be located within the utility easement subject to written approval from the Building Official and/or franchise utility company and subject to the providing of a letter to the Town releasing the Town of any liability for repair or replacement of a sign damaged by work occurring within the utility easement. 3. Any tree, light pole, or any utility pole or structure; 4. Any fence, railing or wall, except in accordance with Section 1.09(L) and 1.09(M); or 5. Any sidewalk within the right-of-way or a sidewalk easement, curb, gutter, or street, except for house numbers or fire lane designation. D. Signs Attached to Fire Escapes – No sign shall be attached in any manner to any fire escape or to the supporting members of any fire escape, nor shall it be guyed to or supported by any part of the fire escape. E. Traffic Signs, Signals, or Devices – No sign shall be erected or displayed in such a manner as to interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device, including, but not limited to, signs making use of the words “stop”, “go”, “look”, “slow”, “danger”, or any other similar word, phrase, symbol or character or employ any red, yellow, green, or other colored lamp or light in such a Item 14 6 manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. F. Accumulation of Rainwater – All signs shall be constructed so as to prevent the accumulation of rainwater in the sign. G. Location Near Telephone Cable, Power Line, or Street Light – No sign shall be erected nearer than two (2) feet from any telephone cable, power line or any street light standard. H. Signs Not to Block or Interfere with Exits or Windows and Pedestrian and Vehicular Traffic – No sign shall be so erected as to block, partially block, or interfere in any way with a required means of exit from any building nor with any window. No sign shall block, interfere, or otherwise hinder pedestrian or vehicular traffic on a public sidewalk, a public thoroughfare, a fire lane easement, or a driveway required to access parking. I. Glass Signs over Public Property – Signs constructed of glass or other materials which may shatter upon impact are prohibited over public right-of-way. J. Identification Marking Required – All wood frame signs permitted after adoption of this Ordinance shall have attached, written, or painted in a weatherproof manner and in a conspicuous place thereon, in letters not less than one (1) inch in height, the date of erection and the permit number of the sign. K. Assumed Wind Load for Design Purposes – For the purposes of design of structural members in signs, an assumed wind load of thirty (30) pounds per square foot shall be used. All signs shall be constructed to receive dead loads as required by the Uniform Building Code. The sign permit application must include a statement signed by the applicant which states compliance with these requirements. L. Multiple Signs on a Property or Building – The permitting of a sign on a property or building shall not preclude the permitting of other types of signs on a property or building unless the signs are expressly prohibited herein. M. Exemptions – Signs located within a building with the exception of window signs shall not be regulated by this Ordinance. N. Signs on property owned by the Town of Prosper or an Independent School District (ISD) – Signs located on property owned by the Town of Prosper or an Independent School District (ISD), for the purpose of advertising Town or ISD sponsored events or activities, that do not meet the requirements for a sign permitted in Sections 1.09 and 1.10 of this ordinance, may be permitted upon approval by the Town Council and are not subject to the variance process in Section 1.16 of this ordinance. Signs prohibited by Section 1.11 of this ordinance shall not be approved by the Town Council. 1.08 MEASUREMENT OF SIGN AREA AND HEIGHT A. The area of a sign shall be measured as follows: 1. For signs in the shape of a square, rectangle, circle, or similar standard geometric shape, the area shall be calculated by using the standard mathematical formula (height multiplied by width, 3.14 multiplied by radius squared, etc.). This method of measurement is most commonly used for monument signs, wood frame signs, and stake signs. Item 14 7 2. For signs with an irregular shape, the area shall be measured by enclosing the sign elements with intersecting lines. This method of measurement is most commonly used for wall signs with individual lettering and for irregularly shaped monument signs. (See diagram) 3. The area of a spherical, cylindrical, or other three-dimensional sign shall be measured by calculating the area of a two-dimensional drawing of the largest elevation of the sign. B. Where a sign has two faces, the area of the largest sign face shall be used to determine the area of the sign provided the two faces are within five (5) degrees of parallel. Where a sign has two or more faces that are greater than five (5) degrees from parallel, the sign area shall either be calculated as the sum of the area of each face, or the sign will constitute two signs (a V-sign). C. The area of wall signs containing multiple elements shall be calculated as follows: 1. Regardless of the spacing between letters, letters forming a word or name shall be considered a single sign. 2. When two or more separate items in a sign, such as a word or logo, are separated horizontally or vertically by less than the width or height of the largest item, the items shall be considered a single sign and the area shall be determined by measuring the area enclosing the sign elements with straight, intersecting lines. The following sign elements are considered one sign: Area equals 3.14 multiplied by radius squared Area equals height multiplied by width A & Towing Co. Item 14 8 Town of Prosper 3. When two or more separate items in a sign, such as a word or logo, are separated horizontally or vertically by more than the width or height of the largest item, the items shall be considered a separate sign and the area of each item shall be determined individually. The following sign elements are considered two signs: Town of Prosper D. The supports of a stake sign or wood frame sign shall not be included in calculating the area of the sign, but shall be included in the measurement of the height of the sign. E. The height of all signs shall be measured from the top edge of the sign and/or support structure to the average finished grade of the ground below the sign and/or support structure. If a sign is located on a mound, berm, or other raised area for the sole purpose of increasing the height of the sign, the height of the mound, berm, or other raised area shall be included in the height of the sign. 1.09 PERMISSIBLE SIGNS THAT REQUIRE THE ISSUANCE OF A SIGN PERMIT The following signs are permissible, upon issuance of a sign permit, subject to the following conditions and the specifications listed in Section 1.07 of this Ordinance. Signs that do not comply with the following conditions and the specifications are considered prohibited. A. AWNING SIGNS 1. Definition – An awning sign is a sign which is applied to, attached, or painted on an awning or other roof-like cover, intended for protection from the weather or as a decorative embellishment, projecting from a wall or roof of a structure over a window, walk, door, or the like. 2. Awning signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time – A permit shall not be issued to erect or place an awning sign on a property until a site plan and/or final plat has been approved by the Town for development of the property. b. Place – Less than X Length of X Length of X Length greater than X Item 14 9 1. Awning signs are permitted in conjunction with a non-residential use. 2. In no case shall the supporting structure of an awning sign extend into or over the street right-of-way. c. Manner - No building shall have both a wall sign and an awning sign on the same building face. B. BANNER SIGNS 1. Definition - A banner sign is a sign having characters, letters, or illustrations applied to plastic, cloth, canvas, or other light fabric, with the only purpose of such non-rigid material being for background. 2. Banner signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time – 1. A sign permit shall not be issued to erect or place a banner sign on a property until a site plan and/or final plat has been approved by the Town for development of the property. 2. One banner sign may be placed on a building for three (3) two (2) week periods per calendar year. The periods may be combined. Each suite within a retail development shall be considered a building and shall therefore be allowed to erect a banner sign accordingly. 3. New businesses shall be permitted to place a banner on their building prior to the issuance of a Certificate of Occupancy if the business has been issued a building permit and up to six (6) weeks after the date of issuance of a Certificate of Occupancy. The banner(s) shall not count against the allowances provided in Section 1.09(B)(2)(a)(2). 4. Religious organizations that operate in a school or other temporary facility may erect a banner during times of worship provided the banner is placed no earlier than two (2) hours prior to worship and is removed no later than two (2) hours after worship. The banner shall not count against the allowances provided in Section 1.09(B)(2)(a)(2). b. Place – 1. All four corners of a banner sign shall be securely attached to the front, side, or rear surface of a building. However, such sign shall not face a residential neighborhood unless separated by a major or minor thoroughfare. 2. Banner signs are permitted only in conjunction with a non-residential use. 3. With written permission of the Town Manager or his/her designee, banner signs may also be erected during social or athletic events at a park or other Town owned property. The banners shall be attached to pavilions, fences, vehicles, stakes, or poles. c. Manner - The maximum area of a banner sign is forty-eight (48) square feet, and the width of a banner sign may not exceed seventy-five percent (75%) of the width of the building or lease upon which the banner sign is located. Item 14 10 C. INFLATABLE SIGNS 1. Definition – An inflatable sign is a sign manufactured of plastic, cloth, canvas, or other light fabric and inflated with air. 2. Inflatable signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time – 1. A sign permit for an inflatable sign shall not be issued until the Town has issued a Certificate of Occupancy for a building on the property. 2. An inflatable sign may be erected on a lot for no more than three (3) two (2) week periods per calendar year. In the case of multiple businesses or tenants located on a single lot, each business is allowed to erect an inflatable sign on the lot for three (3) two (2) week periods provided that no more than one inflatable sign is located on the lot at any one time and provided a minimum of thirty (30) days transpires between the removal of an inflatable sign permitted by one business and the placement of another inflatable sign permitted by another business. b. Place – 1. Inflatable signs shall not be located in required parking spaces, driveways that provide access to parking spaces, or fire lanes, nor shall the sign or its securing devices encroach into the right-of-way. 2. Inflatable signs are permitted only in conjunction with a non-residential use. c. Manner – 1. Inflatable signs shall be secured directly to, and not suspended from, the ground. Inflatable signs may not be placed on a roof or suspended from a building. A balloon or other floating device as discussed in Section 1.11(C) is not an inflatable sign. 2. The maximum height of an inflatable sign is thirty (30) feet. 3. An inflatable sign shall not be installed within two hundred (200) feet of any other inflatable sign, measured in a straight line in any direction. A banner sign may be applied to an inflatable sign without the banner counting towards the allotted number of banner signs per calendar year. The maximum area of a sign placed or applied to an inflatable sign shall be forty-eight (48) square feet. D. MONUMENT SIGNS 1. Definition - A monument sign is a sign that is supported from the grade to the bottom of the sign having or appearing to have a solid and opaque base and generally used to identify the name of a business or development. 2. A monument sign is permissible subject to the following conditions and upon the issuance of a sign permit: a. Time – A sign permit shall not be issued to erect or place a monument sign on a property until a site plan and/or final plat has been approved by the Item 14 11 Town for development of the property and after the issuance of a building permit for a building on the property. b. Place – 1. Monument signs are permitted only in conjunction with a non-residential use or on a lot containing a multifamily use. 2. A monument sign is permitted on the same lot as a unified development sign, but the total number of unified development signs and monument signs located within a unified development zone shall generally not exceed the number of lots located within the unified development zone. The total number of signs shall be permitted to exceed the number of lots when additional monument or unified development signs are permitted on a property in accordance with Section 1.09(D)(2)(c)(3) and 1.09(G)(2)(c)(5). 3. Minimum setback is fifteen (15) feet from the front, side, and rear property lines. The minimum setback from the property line may be reduce to one (1) foot for a monument sign located in the City of Irving waterline easement adjacent to U.S. 380 (University Drive). (Ordinance 12-17, sec 2, adopted 6/26/12) c. Manner – 1. Monument signs shall be constructed of the same primary masonry materials as the front building façade of the principal or main building on the same lot or shall be stone or brick and shall be of similar architectural style. All sign text and graphic elements shall be attached to this masonry structure not closer than six (6) inches from the top and side edges and twelve (12) inches from the bottom edge of the sign structure. The minimum height permitted for text and graphic elements is six (6) inches. 2. Monument signs constructed in conjunction with unified development and internal directional signs shall be consistent with the building elements and materials of the unified development and internal directional signs on the same lot and/or within the unified development. Architectural embellishments are also encouraged and may be considered through the review of the sign coordination plan defined in Section 1.18. 3. A lot is allowed a maximum of one (1) monument sign per street frontage. 4. The maximum area of a monument sign, including the masonry border, is sixty four (64) square feet. 5. The maximum height of a monument sign is eight (8) feet. 6. Monument signs may only be illuminated utilizing internal lighting for sculpted aluminum panels or a ground lighting source where the light itself and supporting structure are not visible from any public right-of-way. 3. A Digital Display Sign, as defined in Section 1.01, may only be permitted as part of an approved Monument Sign as defined in paragraph 1. a. Time – A Digital Display Sign may only be permitted in conjunction with an approved Monument Sign, whether new or retrofitting an existing monument Item 14 12 sign. In the case of retrofitting an existing Monument Sign, all current provisions of the sign code, as they exist or may be amended, shall apply. b. Place – A Digital Display Sign shall meet the same requirements as a Monument Sign. c. Manner – 1. A Digital Display Sign shall meet the same requirements as a Monument Sign, including the minimum height for text and graphic elements shall be six inches (6”). 2. A light detection device and/or photocell sensor shall be installed as part of the sign to ensure the sign’s brightness is dimmed when ambient light conditions darken. No sign within one hundred fifty feet (150’) of an adjacent residential tract shall create a light nuisance. No sign adjacent to a thoroughfare shall create a light nuisance or an impairment of vision creating a hazard for vehicular or pedestrian traffic. 3. Duration of message display shall not be less than 10 seconds. Public Service information such as date, time, temperature, weather, or information related to a public emergency (local, regional, state or national) shall be permitted to display not less than 5 seconds. This is also referred to as Hold Time or Frame Duration. 4. Message transition such as entry or exit effect shall not be greater than 1 second, meaning the message should transition from one message to another within 1 second. 5. Frame effects such as flashing shall be prohibited. 6. All Digital Display Signs shall be maintained and kept in good working order. Reasonable accommodations shall be made within thirty (30) days to repair damaged or non-working displays. 7. Digital Display Signs may not be used to display commercial messages relating to products or services that are not offered on the premises. E. INTERNAL DIRECTIONAL SIGNS 1. Definition – An internal directional sign is a sign that is supported from the grade to the bottom of the sign having or appearing to have a solid base and generally used to provide direction to drive-through lanes and to buildings and tenants within large multi-tenant retail, multi-family, or office developments. 2. An internal directional sign is permissible subject to the following conditions and upon the issuance of a sign permit: a. Time – A sign permit shall not be issued to erect or place an internal directional sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after issuance of a building permit on a building on the property. b. Place – 1. Internal directional signs are permitted only in conjunction with a non- residential or multifamily use. Item 14 13 2. The minimum front yard setback for an internal directional sign shall be fifty (50) feet from the property line. The minimum side yard and rear yard setback for an internal directional sign shall be equal to the height of the internal directional sign. c. Manner – 1. The design, materials, and finish of internal directional signs shall match those of the front building façade of the primary structure on the same lot. Signs constructed in conjunction with unified development and monument signs shall be consistent with the building elements and materials of the unified development and monument signs on the same lot and within the unified development. 2. If a property that is larger than five (5) acres averages more than two (2) internal directional signs per acre, a sign coordination plan as defined in Section 1.18 shall be approved for the placement of the signs. Properties smaller than five (5) acres shall not be permitted to exceed two (2) internal directional signs per acre. 3. The maximum area of an internal directional sign is six (6) square feet. 4. The maximum height of an internal directional sign is thirty (30) inches. F. MENU BOARD SIGNS 1. Definition – A menu board sign is a sign erected in conjunction with a use that incorporates a drive-through or drive-in and generally used to provide service and/or product options and pricing for customers who remain in their vehicles. 2. A menu board sign is permissible subject to the following conditions and upon the issuance of a sign permit: a. Time – A sign permit shall not be issued to erect or place a menu board sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after issuance of a building permit on a building on the property. b. Place – 1. Menu board signs are permitted only in conjunction with a non-residential use that includes a drive-through or drive-in. 2. Minimum front yard setback shall be twenty-five (25) feet. c. Manner – 1. Drive-through menu board: a. Shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. b. The design, materials, and finish of a drive-through menu board shall match those of the front façade of the building(s) on the same lot. Internal lighting may be utilized for the sign panels. c. One drive-through menu board sign is permitted per drive-through lane. Item 14 14 d. The maximum area of a drive-through menu board is forty-eight (48) square feet with a maximum height of six (6) feet. e. Drive-through menu boards shall be located at the side or rear of the principal building(s) on the lot. 2. Drive-through pre-order sign: a. Shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. b. The design, materials, and finish of a drive-through menu board shall match those of the front façade of the building(s) on the same lot. Internal lighting may be utilized for the sign panels. c. One drive-through pre-order sign is permitted at the entrance of a drive-through lane and shall be setback a minimum of twenty (20) feet from the drive-through menu board in the same drive-through lane. d. The maximum area of a drive-through pre-order sign is eighteen (18) square feet with a maximum height of six (6) feet. e. Drive-through pre-order signs shall be located at the side or rear of the principal building(s) on the lot. 3. Drive-in menu board: a. Shall be supported from the grade to the bottom of the sign having or appearing to have a solid base. If the drive-in stalls are covered by a canopy, the drive-in menu board signs may be attached directly to the canopy support columns. b. The design, materials, and finish of a drive-in menu board’s sign base shall match those of the front façade of the building(s) on the same lot. Internal lighting may be utilized for the sign panels. c. One drive-in menu board sign is permitted per ordering station. d. The maximum area of a drive-in menu board sign is nine (9) square feet with a maximum height of six (6) feet. G. UNIFIED DEVELOPMENT SIGNS 1. Definition - A unified development sign is a sign that is supported from the grade to the bottom of the sign having or appearing to have a solid base and is used to identify multiple non-residential tenants within a unified development zone. 2. A unified development sign may not be erected without a sign permit issued by the Town. A sign permit shall not be issued to erect or place a unified development sign on a property until: (1) a unified development zone is approved by the Town Manager or his/her designee; (2) a sign coordination plan is approved as provided for herein; and (3) the proposed unified development sign meets all of the applicable requirements as set forth in this Ordinance. 3. The Town Manager or his/her designee shall approve a proposed unified development zone if: a. It consists of multiple lots within the same subdivision or depicted on the same preliminary site plan, final plat, or site plan, and which are united Item 14 15 through common building architecture, color, materials, landscaping, and parking; and if b. all property owners located with the proposed unified development zone have submitted notarized letters to the Town authorizing the creation of the unified development zone; or c. covenants, conditions, restrictions, reciprocal easement agreements, or a similar recorded document exist, apply to all of the property and property owners within the area of the proposed unified development zone, and bind the property owners within the proposed unified development zone to consent to the unified development zone for purposes of allowing a unified development sign. 4. Approval of a Sign Coordination Plan. A sign coordination plan as defined in Section 1.19 must be approved as part of a final plat or site plan for the area that is part of the unified development zone in accordance with Section 1.19. 5. General Restrictions on Unified Development Signs a. Except as otherwise provided, a unified development sign is permitted on the same lot as a monument sign, but the total number of unified development signs and monument signs located within a unified development zone shall not exceed the number of lots located within the unified development zone. The total number of signs shall be permitted to exceed the number of lots when additional unified development signs are permitted on a property in accordance with Section 1.09 (G)(2); 1.09 (G)(3b); and 1.09 (G)(8). b. The minimum front yard setback for a unified development sign is fifteen (15) feet from the property line. The minimum setback from the front property line may be reduced to one (1) foot for a unified development sign located in the City of Irving waterline easement adjacent to U.S. 380 (University Drive). (Ordinance 12-17, sec. 3, adopted 06/26/12). c. No minimum side and rear yard setbacks are required for a unified development sign, but a unified development sign shall not be located closer than seventy-five (75) feet to another unified development sign or a monument sign. d. A unified development sign shall be constructed of the same primary masonry materials as the front building façade of the principal or main building in the unified development zone, or shall be stone or brick, and shall be of similar architectural style. All sign text and graphic elements shall be attached to this masonry structure not closer than six (6) inches from the top and side edges and twelve (12) inches from the bottom edge of the sign structure. The minimum height permitted for text and graphic elements is six (6) inches. e. The maximum area of a unified development sign shall be based on the size of the unified development zone. The maximum area of a unified development sign for a unified development zone of ten (10) acres or less shall be eighty (80) square feet. For every whole acre over ten (10) acres, the area of the sign may be increased by ten (10) square feet with the maximum area of a unified development sign being one hundred twenty (120) square feet. But when the unified development sign is located in a unified Item 14 16 development zone of at least thirty (30) acres and the content of a unified development sign is intended to be read from the DNT/380 Corridor: 1. the maximum area of a unified development sign shall be two hundred forty (240) square feet; and 2. no more than fifty-five percent (55%) of the area of the unified development sign may be used for the cabinet or text area displaying the development’s tenants; and 3. the name of the subdivision or development may be displayed on the unified development sign, but shall not exceed twenty (20%) of the area of the unified development sign. 6. The maximum height of a unified development sign shall be twelve (12) feet. But, when the unified development sign is located in a unified development zone of at least thirty (30) acres and the content of a unified development sign is intended to be read from the DNT/380 Corridor, the maximum height is twenty (20) feet. 7. Architectural embellishments for unified development monument signs are encouraged. 8. One unified development monument sign is permitted per street frontage of the unified development zone. One additional unified development monument sign is permitted along a street for each additional 750 linear feet, or portion thereof, of street frontage that exceeds 750 linear feet of street frontage. H. RESIDENTIAL/CIVIC DIRECTIONAL SIGNS 1. Definition - A residential/civic directional sign is a temporary off-site sign that advertises and directs traffic to developing single-family or two-family subdivisions and civic uses, such as schools, Town facilities, or churches. 2. A residential/civic directional sign is permissible subject to the conditions listed below and upon the issuance of a sign permit. A sign permit for a residential/civic directional sign is only valid for a period of one (1) year. Upon expiration of a sign permit, a new permit may be issued so long as each of the conditions below are still satisfied. However, a maximum of four (4) new permits may be issued for any single residential/civic directional sign, for a maximum total of five (5) years for the life of the sign. The sign applicant shall remove the sign from the property within thirty (30) days after the final expiration of the sign permit. If the applicant fails to remove the sign within the thirty (30) days, the Town will remove the sign. The applicant shall provide a one thousand (1,000) dollar deposit at the time of the original permit application for removal of the sign. If the applicant removes the sign within the thirty (30) days referenced above, the one thousand (1,000) dollar deposit will be refunded to the applicant with fourteen (14) business days of a written request for refund. a. Time – A sign permit shall not be issued to erect or place a residential/civic directional sign on a property until a final plat for the single-family or two (2) family subdivision, being advertised has been filed at the County or until a certificate of Occupancy has been issued for the civic use being advertised. The sign shall be removed upon the issuance of Certificates of Occupancy for ninety-five (95) percent of the homes within the single-family or two (2) family subdivision being advertised. b. Place – Item 14 17 1. Residential/civic directional signs are permitted on a property that is adjacent to a Major Thoroughfare, as designated on the Town’s Thoroughfare Plan with the exception that residential/civic directional signs are not permitted where they are visible from University Drive. 2. Residential/civic directional signs are permitted on a property that is either undeveloped or used for agricultural purposes. Upon development or change of use from agricultural, the sign shall be removed. 3. Minimum setback is fifteen (15) feet from the front, side, and rear property lines. There shall be a minimum separation of one thousand (1,000) feet between any two (2) residential/civic directional signs located on the same side of the same street. c. Manner – 1. A maximum of three (3) residential/civic directional signs shall be permitted for each single-family or two (2) family subdivision, including those subdivisions with multiple phases, or civic use being advertised. 2. A maximum of one (1) residential/civic directional sign shall be placed on a property per street frontage. If multiple residential/civic directional signs are permitted on a tract of land, only one (1) sign shall be placed along each street frontage. It shall be the responsibility of the sign applicant to secure the necessary permission from the owner of the property on which the sign is to be installed, including permission for the Town to access the property to remove the sign, if necessary. Proof of this permission shall be submitted for review prior to issuance of a sign permit. 3. Residential/civic directional signs may only be used to advertise single- family or two-family subdivisions or civic uses that are located within the Town. 4. Residential/civic directional signs shall have a solid stone border, a minimum of twelve (12) inches thick, along at least two (2) sides of the sign. 5. The maximum area of a residential/civic directional sign, including the one-foot stone border, is eighty (80) square feet. 6. The maximum height of a residential/civic directional sign is eight (8) feet. 7. The minimum height permitted for text and graphic elements is six (6) inches. 8. Residential/civic directional signs may not be illuminated. I. PROJECTING SIGNS 1. Definition – A projecting sign is a sign attached to and projecting out from a building face or wall more than twelve (12) inches, generally at a right angle to the building. 2. Projecting signs are permissible only in conjunction with a non-residential use and subject to the following conditions and upon the issuance of a sign permit: a. Time – A sign permit shall not be issued to erect or place a projecting sign on a property until a building permit has been issued for the building on which the sign is to be attached. Item 14 18 b. Place – 1. Projecting signs are permitted in conjunction with a non-residential use. 2. If a projecting sign is constructed over a sidewalk, a minimum of nine (9) feet shall be provided between the grade of the sidewalk and the lowest portion of the projecting sign. c. Manner – The maximum area of a projecting sign is twelve (12) square feet. J. SECONDARY ROOF SIGNS 1. Definition – A secondary roof sign is a sign that is mounted to or that projects from a canopy or secondary roof over an entry to a building, but that does not project above the highest point of the building. Secondary roof signs may also be attached to parapet walls. 2. Secondary roof signs are permissible only in conjunction with a non-residential use and subject to the following conditions and upon issuance of a sign permit: a. Time – A sign permit shall not be issued to erect or place a secondary roof sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after issuance of a building permit on a building on the property. b. Place – 1. Secondary roof signs are permitted in conjunction with a non-residential structure or use. 2. In lieu of a wall sign, a secondary roof sign may be erected on a parapet wall provided the parapet wall extends around the entire perimeter of the building at the same elevation. 3. Secondary roof signs may also be erected on a canopy or a secondary roof over an entry to a building. c. Manner – The structural or mechanical elements of a secondary roof sign shall not be visible from six (6) feet above the grade of adjacent streets. K. SANDWICH BOARD SIGNS 1. Definition – A sandwich board sign is a sign constructed in such a manner as to form an "A" or a tent-like shape, hinged or not hinged at the top and each angular face held at an appropriate distance by a supporting member. 2. Sandwich board signs are permissible only in conjunction with a non-residential use and subject to the following conditions and upon the issuance of a sign permit: 1. Time – 1. A sign permit shall not be issued to erect or place a sandwich board sign on a property until a Certificate of Occupancy has been issued for a building on the property. 2. Sandwich board signs may be placed on properties during business hours only. b. Place – Item 14 19 1. Sandwich board signs must be located a minimum of three (3) feet from the curb of any adjacent street, drive, or parking lot. 2. Should a sandwich board sign be placed on or adjacent to a sidewalk, an unobstructed pedestrian clearance of at least four (4) feet in width must be provided adjacent to the sign. c. Manner – 1. The maximum size of a sandwich board sign is fifteen (15) square feet with a maximum height of four (4) feet. 2. A maximum of one sandwich board sign may be placed per business or tenant on the property the sandwich board sign(s) are located. 3. Sandwich board signs shall be placed no closer that twenty (20) feet from other sandwich board signs. L. SUBDIVISION ENTRY SIGNS 1. Definition – A subdivision entry sign is a sign that generally identifies a residential development and that generally refers to the platted name of the subdivision. 2. Subdivision entry signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time – A sign permit shall not be issued to erect or place a subdivision entry sign on a property until a final plat has been approved by the Town for development of the property. b. Place - All subdivision entry signs shall be located within the platted limits of a residential subdivision. c. Manner – 1. Subdivision entry signs may be in the form of a sign mounted to a screening wall, so long as the sign does not project above the top of the wall. 2. Subdivision entry signs shall have a maximum area of sixty (60) square feet and a maximum height of eight (8) feet. 3. The maximum number of subdivision entry signs shall equal one (1) monument sign or two (2) signs attached to screening walls (not a combination of both) per street entrance. 4. Alternative types of subdivision entry signs, including, but not limited to neighborhood entry signs within an overall subdivision, shall be approved as part of a sign coordination plan as outlined in Section 1.18. The sign coordination plan shall be submitted for review with the final plat, landscaping, and screening wall plans. M. SUBDIVISION MONUMENTS 1. Definition – Subdivision monuments are physical improvements such as signs, walls, or structures, constructed to draw attention to or enhance a subdivision or its surrounding area. 2. Subdivision monuments are permissible subject to the following conditions and upon the issuance of a sign permit: Item 14 20 a. Time – A sign and/or building permit shall not be issued to erect or place subdivision monuments on a property until a site plan has been approved by the Town for development of multifamily or non-residential use or a final plat has been approved by the Town for development of a single-family or two (2)- family use. The requirement to prepare the fore mentioned plans may be waived should the owner of the property on which the monument is proposed to be located or his/her representative prepare written and/or graphic documentation to the satisfaction of Town staff to explain the relationship of the proposed monument to future land uses on the property. b. Place – 1. Subdivision monuments placed on private property shall observe all building line and setback requirements. A non-habitable monument may encroach into a required setback provided all visibility clips and easements are observed and the monument is deemed by Town staff not to negatively impact fire protection of existing or future development. 2. Subdivision monuments may be placed in the right-of-way subject to Town Council approval and so long as the requirements of Section 1.07 can be met. 3. Subdivision monuments may not be erected within an area designated as future right-of-way on the Town’s Thoroughfare Plan, unless otherwise approved by the Town Council and so long as the requirements of Section 1.07 can be met. c. Manner – 1. The developer of the subdivision monument must provide a plan for future maintenance of the monument to the Town for review. 2. The maximum height of subdivision monuments shall be twenty-five (25) feet, unless otherwise approved by the Town Council. 3. Subdivision monuments shall be approved as part of a sign coordination plan as outlined in Section 1.19. The sign coordination plan shall be submitted for review with the final plat, landscaping, and screening wall plans. N. WALL SIGNS 1. Definition - A wall sign is a sign painted on or erected parallel to and extending not more than twelve (12) inches from the façade of any building to which it is attached, supported throughout its entire length by the building face. 2. Wall signs are permissible only in conjunction with a non-residential use, subject to the following conditions, and upon the issuance of a sign permit: a. Time – A sign permit shall not be issued to erect or place a wall sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after the issuance of a building permit for a building on the property. b. Place – 1. Wall signs are permitted in conjunction with a non-residential use. Item 14 21 2. Wall signs of any character placed directly on the face of a wall shall be set at a minimum of nine (9) feet above the grade. 3. When projections on the wall face prevent the erection of the sign flat against the wall face, the space between the back of the sign and the wall shall be closed at the top, bottom and ends with incombustible materials. 4. In no case shall an attached sign project above the roof line or parapet wall of any building. Signs shall be no closer vertically to the eave of the roofline or overhang than the predominant height of the text or graphic elements. c. Manner – 1. Wall signs with visible or exposed neon, florescent, or LED lighting are not allowed. 2. Wall signs shall not be allowed on any façade (other than the main front of the building) that faces property zoned, or designated on the Future Land Use Plan, for single-family uses if the sign is within one hundred fifty (150) feet of the property line of said residential property. 3. The minimum height allowed for text or graphic elements shall be six (6) inches. 4. The maximum size of wall signs shall be as follows: Wall Height (Does not include roof) Maximum Sign Height Maximum Percentage of Wall Length* 0 feet - 20 feet 3 feet 75% 20+ feet - 30 feet 4 feet 60% 30+ feet 5 feet 50% O. WOOD FRAME SIGNS 1. Definition – A wood frame sign is a sign that is generally used to advertise a new building, opening dates, leasing opportunities, and/or to identify the property owner, architect, contractor, engineer, landscape architect, or financier engaged in the design, construction or improvement of the premises on which the sign is located. Wood frame signs are also used to advertise sales and zoning information of properties. In no case shall a wood frame sign contain information pertaining to off-premise uses. Although wood frame signs are generally constructed of wood, the definition does not exclude metal or plastic signs used for the same purpose. A wood frame V-sign shall be prohibited. 2. Wood frame signs are permissible subject to the following conditions and upon the issuance of a sign permit: a. Time – 1. For properties with single-family or two-family zoning or Future Land Use Plan designation, the sign shall be removed upon the issuance of Certificates of Occupancy for ninety-five (95) percent of the homes within a single-family or two-family subdivision. Item 14 22 2. For properties with Agricultural, Multi-Family, or non-residential zoning or Future Land Use Plan designation, the sign shall be removed prior to the issuance of the Certificate of Occupancy for any building on the property. b. Place – 1. The sign shall be located no closer than fifteen (15) feet to any property line. The minimum setback from the right-of-way may be reduced to one (1) foot for a wood frame sign located in the City of Irving waterline easement adjacent to U.S. 380 (University Drive). (Ordinance 12-17, sec. 4, adopted 6/26/12). 2. The minimum distance between wood frame signs is two hundred (200) feet. c. Manner – 1. The maximum area of a wood frame sign is ninety-six (96) square feet. 2. The maximum height of a wood frame sign is twelve (12) feet. 3. A maximum of one (1) wood frame sign shall be placed on a property per street frontage. If multiple wood frame signs are permitted on a tract of land, only one (1) sign shall be placed along each street frontage. A platted single-family or two-family subdivision shall be considered a single property for the purpose of this provision. P. SCOREBOARDS 1. Definition – Scoreboards are signs erected at an athletic field or stadium and which are generally used to maintain the score or time expired in an event at the field or stadium. This definition shall also include signs mounted or applied to the outfield wall within a baseball field. 2. Scoreboards are permissible subject to the following conditions: a. Time – No restrictions. b. Place – Scoreboard signs shall be erected within the limits of and face into the athletic field or stadium. c. Manner – No restrictions. Q. CANOPY SIGNS (ORD. NO. 10-090) 1. Definition – A canopy sign is a sign that is applied to, attached, or painted on a canopy or other roof-like cover over gasoline fuel pumps, intended for protection from the weather or as a decorative embellishment. 2. Canopy Signs are permissible only in conjunction with a non-residential use, subject to the following conditions and upon the issuance of a sign permit: a. Time – A sign permit shall not be issued to erect or place a canopy sign on a property until a site plan and/or final plat has been approved by the Town for development of the property and after the issuance of a building permit for a building on the property. b. Place – 1. Canopy signs may only be erected on the sides of the canopy band that face a public street. Item 14 23 2. A maximum of two canopy signs shall be permitted per public street frontage. c. Manner – 1. The maximum area of a canopy sign shall be forty-five (45) square feet. 2. The maximum height of a canopy sign shall be three (3) feet. 3. The minimum height for text or graphic elements shall be six (6) inches. 4. No greater than fifty percent (50%) of the length of any one side of the canopy band shall be used for signage. 5. Canopy signs shall be attached directly to or painted on the face of the canopy band, shall not project more than twelve (12) inches from the canopy band, and shall not project above, below, or beyond the edge of the canopy band. R. STAKE SIGNS 1. Stake signs are permissible upon the issuance of a sign permit. Stake sign permits are available for a single weekend event or yearly. A stake sign with a yearly permit may be re-used every weekend from the date the permit was issued to the end of that same calendar year. 2. Time – A stake sign shall not be erected earlier than 8:00 a.m. on the Friday before the sale or event and must be removed by 8:00 a.m. on the Monday following the sale or event. Stake signs may also be erected not earlier than 8:00 a.m. on the day before a Town holiday and must be removed by 8:00 a.m. on the day after a Town holiday. 3. Place – a. Stake signs shall not be placed so as to impair the corner visibility of intersections of streets, driveways and alleys. b. Stake signs shall not be placed closer than thirty (30) feet from another stake sign. c. Stake signs shall not be placed within the public right-of-way (ROW). d. Stake signs shall not be placed on public property including but not limited to parks, public facilities and public open spaces. e. Stake signs shall only be erected on private property with owner consent. f. Stake signs shall not be affixed to utility poles, official signs or any traffic control devices. g. Stake signs shall comply with Section 1.07 (Sign Specifications and Design) of the sign code, as amended. 4. Manner – a. Stake signs shall not exceed six (6) square feet in area. b. Stake signs shall not exceed three (3) feet in height. c. Stake signs may only be used to advertise or convey information relating to the date, time, location, directions, operation, and/or name of a sale or event that is located within the Town and its extraterritorial jurisdiction (ETJ). Item 14 24 d. The number of yearly stake signs that may be permitted for any one (1) advertised entity, sale, or event at the same location shall be a maximum of twenty (20) signs. e. The number of single weekend event stake signs that may be permitted for any one (1) advertised entity, sale, or event at the same location shall be a maximum of twenty (20) signs. Exceptions: The portion of the Stake Sign definition that reads: “Signs may also be utilized for supporting, encouraging, expressing or identifying a philosophy, theory, belief, view, principle, concept, insight or opinion, political posture, position or event, public services or civic announcement or advisory event and/or personal or individual use without a commercial intent. Such signs may include but are not limited to political signs, ideological signs, no trespassing, special event or public services announcements, alarm signs and beware of dog signs.”, shall be exempt from the requirements of Section 1.09(R)(1), (2) & (4)(d). Political signs shall continue to meet the requirements of Section 1.10(M), unless otherwise allowed or exempted by the sign code. S. GARAGE SALE SIGNS 1. Garage sale signs issued by the Town in accordance with the Town’s Garage Sale ordinance, as it exists or may be amended, are permissible. 2. Time – A garage sale sign may only be erected at times authorized by the Town’s Garage Sale ordinance, as it exists or may be amended. 3. Place – a. Garage sale signs shall not be placed so as to impair the corner visibility of intersections of streets, driveways and alleys. b. Garage sale signs shall not be placed closer than sixty (60) feet from another garage sale sign. c. Garage sale signs shall not be placed within the public right-of-way (ROW). d. Garage sale signs shall not be placed on public property including but not limited to parks, public facilities and public open spaces. e. Garage sale signs shall only be erected on private property with owner consent. f. Garage sale signs shall not be affixed to utility poles, official signs or any traffic control devices. g. Garage sale signs shall comply with Section 1.07 (Sign Specifications and Design) of the sign code, as amended. 4. Manner – a. Garage sale signs shall not exceed six (6) square feet in area. b. Garage sale signs shall not exceed three (3) feet in height. c. Garage sale signs must be issued by the Town in accordance with the Town’s Garage Sale ordinance. Garage sale signs may only be used to advertise or convey information relating to the date, time, location, directions, Item 14 25 operation, and/or name of a sale or event that is located within the Town or its extraterritorial jurisdiction (ETJ). 1.10 PERMISSIBLE SIGNS THAT DO NOT REQUIRE THE ISSUANCE OF A SIGN PERMIT The following signs are permissible and do not require the issuance of a sign permit provided the signs comply with the following conditions and the specifications listed in Section 1.07, unless otherwise specified. Signs that do not comply with the following conditions and the specifications are considered prohibited. A. FLAGS 1. Definition – A flag is a piece of fabric attached to a staff or cord on one end and generally used as a symbol of a nation, state, political subdivision, or organization. 2. Flags are permissible subject to the following conditions: a. Time – No restrictions. b. Place – 1. Flags are permitted in conjunction with both residential and non- residential uses. 2. A flag and its supporting structure shall be located on private property behind the property line. 3. Flags may be placed at parks during social and athletic events. c. Manner – 1. The maximum height of a flag pole or other supporting structure shall be thirty (30) feet. 2. The maximum area of a flag is sixty (60) square feet. 3. A maximum of three (3) flags shall be located on a property. B. HUMAN SIGNS 1. Definition – A human sign is a sign held by or attached to a human for the purposes of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product. A person dressed in costume for the purpose of advertising or otherwise drawing attention to an individual, business, commodity, service, activity, or product shall also be construed as a human sign. 2. Human signs are permissible subject to the following conditions: a. Time – Human signs are permitted between the hours of 7am to 8pm. b. Place – All human signs shall be located on private property. Human signs shall not be located within a distance of three hundred (300) feet of an intersection of two public streets or thoroughfares for the purpose of traffic and pedestrian safety. c. Manner – The maximum area of a human sign shall be six (6) square feet. Item 14 26 C. INSTRUCTIONAL SIGNS 1. Definition - An instructional sign is a sign that provides instruction, information, or direction to the general public. The sole purpose of an instructional sign is to provide instruction, information, or direction to the general public that is essential to the health, safety, and public welfare of the community. An instructional sign shall contain no other message, copy, announcement, or decoration other than the essential instruction, information, or direction and shall not advertise or otherwise draw attention to an individual, business, commodity, service, activity, or product. Such signs shall include, but are not limited to, the following: signs identifying a property’s street address, rest rooms, public telephones, handicap parking spaces, reserved parking spaces, freeze warning, no trespassing, no dumping, no loitering, and construction entrance signs. Signs erected by the municipal, state or federal government for the purpose of public instruction, warning, street or highway designation, control of traffic and similar uses incidental to the public interests shall be considered instructional signs. An instructional sign also includes signs of a warning, directive or instructional nature erected by a public utility company that operates under a franchise agreement with the Town. 2. Instructional signs are permissible subject to the following conditions: a. Time – No restrictions. b. Place – No restrictions. c. Manner – The maximum area of an instructional sign is sixteen (16) square feet. D. VENDING MACHINE SIGN 1. Definition – A vending machine sign is a sign that is attached to a vending machine or gasoline pump and which generally advertises the products dispensed from the vending machine or gasoline pump. 2. Vending machine signs are permissible subject to the following conditions: a. Time – No restrictions. b. Place – No restrictions. c. Manner - Vending machine signs shall be directly attached to a vending machine or gasoline pump. The signs shall be flat and shall not project from the vending machine or gasoline pump. E. CIVIC SIGNS 1. Definition – A civic sign is a temporary stake sign that publicizes times or locations of meetings or special events of homeowners associations, religious organizations or groups, or civic groups. This definition excludes directional signs for regularly scheduled religious events. A civic sign may also publicize times or locations of special events for schools and athletic team registrations. 2. Time – Civic signs shall be erected no more than seven (7) days prior to the meeting or event and removed no more than forty-eight (48) hours after the meeting or event. 3. Place – See Section 1.07 (Sign Specifications and Design). Item 14 27 4. Manner – Civic signs shall not exceed six (6) square feet in area. F. GOVERNMENT SIGNS 1. Definition – A government sign is a temporary stake sign used to convey information to the public regarding Town, State, or Federal government activities and events. 2. Time – No restrictions. 3. Place – See Section 1.07 (Sign Specifications and Design). 4. Manner – No restrictions. G. HOME IMPROVEMENT SIGN 1. Definition – A home improvement sign is a temporary stake sign that displays the name of a roofing, fence, pool, paint, landscape, or other home improvement contractor. 2. Time – The home improvement sign shall be removed after thirty (30) days of being installed or when the home improvement work is completed, whichever occurs first. 3. Place – A home improvement sign shall be erected on the lot on which the home improvement is occurring. In general, a home improvement sign shall not be erected closer than ten (10) feet from the edge of the street pavement. 4. Manner – a. Home improvement signs shall not exceed six (6) square feet in area. b. A maximum of one (1) home improvement sign shall be erected on a lot. H. RESIDENTIAL REAL ESTATE SIGN 1. Definition – A residential real estate sign is a temporary stake sign that advertises a home or property for sale or lease. 2. Time – No restrictions. 3. Place – A residential real estate sign shall be erected only on the lot on which the home or property is for sale or lease. In general, a residential real estate sign shall be erected no closer than ten (10) feet from the street pavement. 4. Manner – a. Residential real estate signs shall not exceed six (6) square feet in area. b. A maximum of one (1) residential real estate sign shall be erected on a lot. I. YARD SIGN 1. Definition – A yard sign is a temporary stake sign that publicizes the arrival of a newborn or the participation of a family member in a school activity or sport. Yard signs shall also include signs that advertise the presence of a home security system and seasonal decorations. 2. Time – No restrictions. Item 14 28 3. Place – Yard signs shall be located only on lots containing an occupied single- family, two-family, or multi-family dwelling. In general, a yard sign shall be erected no closer than ten (10) feet from the street pavement. 4. Manner – Signs advertising the presence of a home security system shall not exceed one (1) square foot in area. J. VEHICLE SIGNS 1. Definition - A vehicle sign is a sign that is attached to or placed in or on a truck, bus, car, trailer, boat, recreational vehicle, or any other vehicle. Vehicle signs shall exclude bumper stickers, license plates, and inspection and registration stickers. 2. Vehicle signs are subject to the following conditions: a. Time – No restrictions. b. Place – 1. Vehicle signs are permitted provided that during periods of inactivity such vehicle is not parked in the right-of-way or placed in a manner that the sign is readily visible from adjacent public right-of-way. 2. "For Sale" signs placed in or on vehicles when the vehicle is parked or placed in a manner that the sign is readily visible from adjacent public right-of-way are prohibited with the exception that one (1) vehicle containing a “For Sale” sign parked or placed at an occupied single- family, two-family, townhome, or multi-family dwelling unit is permitted. c. Manner – Vehicle signs are permitted provided that: 1. The primary purpose of such vehicle is not for display of the sign; 2. The signs are painted upon or applied directly to an integral part of the vehicle; 3. The vehicle is in operating condition, currently registered and licensed to operate on public streets, and actively used in the daily function of the business to which such sign relates; and 4. The vehicles are not used primarily as static displays, advertising a product or service, not utilized as storage, shelter or distribution points for commercial products or services for the general public. K. WINDOW SIGNS 1. Definition – A window sign is a sign that is visible from a public street or sidewalk and that is posted, attached, painted, placed, or affixed in or on a window or a sign that is located within ten (10) feet of a window. 2. Window signs are permissible subject to the following conditions: a. Time – No restrictions. b. Place – No illuminated window signs shall be allowed within ten (10) feet of the window glazing except for open/closed signs. c. Manner – 1. The number of window signs per window shall not exceed four (4). Item 14 29 2. The maximum aggregate area for all window signs shall be ten percent (10%) of the total window area per façade/elevation per tenant. Addresses, open/closed signs, hours of operation, and window signs required by the Town of Prosper are exempt from 1.10(K)(2)(c). L. ZONING SIGNS 1. Definition – A zoning sign is a sign erected to publicize the request for zoning or rezoning of a property. 2. Zoning signs are permissible subject to the following conditions: a. Time – 1. The property owner or his/her representative shall erect the sign on the property ten(10) days prior to the first public hearing scheduled to discuss the applicable zoning case. The property owner shall be responsible for maintaining the sign on the property throughout the entire zoning case. 2. The property owner or his/her representative must provide verification with a photograph that the zoning sign is in place one (1) week prior to the first public hearing meeting date. 3. The property owner or his/her representative must remove the sign within three (3) days after the Town’s approval of the ordinance rezoning the property or after the Town denies the request. b. Place – 1. The sign shall be placed in a location visible from all streets adjacent to the property included in the zoning request. 2. Signs shall be located no greater than twenty (20) feet from front property line, unless otherwise directed by the Director of Planning or his/her designee. c. Manner – 1. One (1) zoning sign shall be erected adjacent to each street frontage of the property. 2. The area of a zoning sign shall be sixteen (16) square feet. 3. The width of a zoning sign shall be four (4) feet. 4. The sign shall be constructed in accordance with Prosper's design standards for zoning signs. M. POLITICAL SIGNS 1. Definition – A sign (1) relating to the election of a person to a public office, (2) relating to a political party, (3) relating to a matter to be voted upon at an election called by a public body, or (4) containing primarily a political message. 2. Time – No restrictions. 3. Place – a. Political signs shall be located only on private real property with the consent of the property owner. In general, a political sign shall not be erected closer than ten (10) feet from the edge of the street pavement. Item 14 30 b. See Section 1.07 (Sign Specifications and Design). 4. Manner – a. Political signs shall not exceed thirty-six (36) square feet in area. b. Political signs shall not exceed eight (8) feet in height measured from the ground to the highest point of the sign. c. Political signs shall not be illuminated. d. Political signs shall not contain any moving elements or parts. 5. A sign (i) not meeting each of the requirements of this Section M; or (ii) containing primarily a political message on a temporary basis and that is generally available for rent or purchase to carry commercial advertising or other messages that are not primarily political, is not exempt from the requirements of obtaining a permit, assuming the sign is otherwise allowed by this Ordinance. 1.11 PROHIBITED SIGNS The following signs and activities are prohibited. A. Signs on Vacant Buildings - No sign shall be permitted to remain on any vacant building, except a sign pertaining to the lease or sale of the building, or a sign which is under lease from an owner or his agent, when such sign is maintained by a person operating under his own bond. B. Merchandise Displays - No person shall suspend from any building, or pole, structure, sidewalk, parkway, driveway, parking area, or fuel pump island any goods, wares, merchandise or other advertising object or structure for the purpose of advertising such items, other than a sign as defined, regulated and prescribed by this Ordinance, except as otherwise allowed by any ordinance of Prosper. C. Balloons or Other Floating Devices - No person shall erect, maintain or permit the erection of any balloon or other floating device anchored to the ground, vehicle, structure, or any other fixed object for the purpose of advertising or drawing attention to a business, commodity, service, sale, or product, except as permitted in Section 1.09(C). D. Commercial Billboard Signs - A large sign, generally supported by a metal frame and consisting of two parallel sign faces oriented in opposite directions, used for the display of posters, printed or painted advertisements that generally direct attention to goods, merchandise, entertainment, or services conducted, sold, or offered at a location other than the premises on which the sign is located. The conversion of existing traditional static commercial billboard signs to signs employing digital or any similar electronic technology shall be prohibited. E. Graffiti - Pictures, words or slogans, images or other artwork painted, drawn, scratched or applied in any manner to exterior walls, fences, structures, vehicles, stone, statues, buildings, or other items in public view. Graffiti includes the illegal or unauthorized defacing of a building, wall, or other edifice or object by painting, or otherwise, marking it with words, pictures, or symbols, advertising, logos, relations with a group, indecent/vulgar images or offensive language(s). Graffiti is prohibited. F. Portable Signs - Signs designed or intended to be relocated from time to time, whether or not it is permanently attached to a building or structure, or is located on the ground, are prohibited. Portable signs include signs on wheels or on portable or Item 14 31 mobile structures, such as, among other things, trailers, skids, tent signs, A-frame, or T-shaped signs and similar devices, and airborne signs. G. Revolving Signs – Signs that turns, spins, or partially revolves or completely revolves 360 degrees on an axis. Revolving Signs are prohibited. H. Roof Signs - Signs painted directly upon or mounted on the roof of any building are prohibited. I. Wind Device Signs - With the exception of inflatable signs addressed in Section 1.09(C) and the flags addressed in Section 1.10(A), a pennant, streamer, spinners, balloon, inflatable object or similar device made of cloth, canvas, plastic, or any flexible material that moves or is designed to move freely in the wind, with or without a frame or other supporting structure, used for the purpose of advertising or drawing attention to a business, commodity, service, sale, or product, is prohibited. J. Pole Signs - A sign which is erected on a vertical framework consisting of one (1) or more uprights supported by the ground is prohibited, with the exception of the pole signs specifically authorized by this Ordinance such as wood frame signs and zoning signs. K. Obscene Signs - No person shall erect or display on any site a sign in which the dominant theme of material taken as a whole appeals to a prurient interest in sex, or is patently offensive because it affronts community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value. L. Other Signs - The following signs are prohibited: 1. Signs which move and/or are animated by means of flashing, traveling or blinking lights, or other means not providing constant illumination; unless specifically allowed herein; 2. Skylights and searchlights; 3. Appendages to primary signs which have flashing, blinking, or traveling lights; unless specifically allowed herein; 4. Any sign which emits audible sound, odor, or visible matter; 5. Any sign located on a property where the contents of that sign do not pertain to a person, activity, idea, business, or product being sold, promoted, or expressed on the premises where the sign is located, unless specifically permitted within this ordinance; 6. Any sign not referenced within, or governed by this Ordinance; 7. Any sign erected without a permit, either prior to or after the adoption of this Ordinance, if a permit was required; 8. Any sign erected in or over public right-of-way or other public property, unless the same is erected by the Town, County, State or other authorized governmental agency, or with the permission of the Town, for public purposes, unless permitted within this ordinance; and 9. Any lighted sign erected or displayed within one-hundred fifty (150) feet of a residentially zoned property, or designated as residential on the Future Land Use Plan, unless the lighting is shielded from view of the residential property and Item 14 32 indirect light does not exceed ½ lumen measured from any property line of the residential property. 1.12. SPECIAL PURPOSE SIGN DISTRICT A. GENERAL - A Special Purpose Sign District (“SPSD”) is an overlay district that exclusively addresses sign regulations. It allows an applicant, subject to approval of the Town Council, the option of designating an area where the signs may deviate from the underlying sign regulations, to the extent so expressly provided in the ordinance adopting the particular SPSD. If not so expressly provided, the underlying sign regulations shall control. B. THE PURPOSE OF THE SPSD IS TO: 1. Promote consistency among signs within a development thus creating visual harmony between signs, buildings, and other components of the property; 2. Enhance the compatibility of signs with the architectural and site design features within a development; 3. Encourage signage that is in character with planned and existing uses thus creating a unique sense of place; and 4. Encourage multi-tenant commercial uses to develop a unique set of sign regulations in conjunction with development standards. C. APPLICATION PROCESS. 1. Each applicant for the creation or amendment of an SPSD shall submit an SPSD application (available from the Development Services Department) to the Development Services Department on or before a scheduled submission date and shall be accompanied by payment of the appropriate fee as established by the Town. All applications received on a date other than an official submittal date shall be dated received on the next official submittal date. Applications must be complete for acceptance. 2. Consideration for the creation or amendment to an SPSD may be initiated only with written consent of the property owners or by the Town Council on its own motion when it finds that public benefit will be derived from consideration of such matter. In the event the ownership stated on an application and that shown on the Town records are different, the applicant shall submit written proof of ownership acceptable to the Town. 3. To ensure the submission of adequate information, the Development Services staff is hereby empowered to maintain and distribute a list of specific requirements for SPSD applications. Upon periodic review, the Planning staff shall have the authority to update such requirements for SPSD application details. 4. The Development Services Staff shall review the application and shall make a report to the Town Council. Every application shall automatically be forwarded to the Town Council for setting and holding of public hearing thereon. No change, however, shall become effective until after the adoption of an ordinance for same and its publication. Item 14 33 5. Notice of Town Council hearing shall be given by publication in the official newspaper of the Town, stating the time and place of such hearing, a minimum of fifteen (15) days prior to the date of the public hearing. Prior to the tenth (10th) day before each public hearing before the Town Council, written notice of the hearing shall be sent to each owner, as indicated by the most recently approved Municipal Tax Roll, of property within two (200) hundred feet outside of the proposed boundary for the SPSD. The notice may be served by its deposit by the municipality, properly addressed with postage paid, in the United States mail. 6. Town Council, after the public hearing is closed, may vote to approve, approve with amendments and conditions, table, or deny in whole or in part the application. Should the applicant wish to submit a request to table, the request shall be submitted in writing to the Development Services Department a minimum of seven (7) days prior to the meeting. The Town Council may deny an application if the applicant or representative fails to appear at one (1) or more hearings before the Town Council. 7. The Town Council may deny any request with prejudice. If a request has been denied with prejudice, the same or similar request may not be resubmitted to the Town for six (6) months from the original date of denial. 8. Approval of any SPSD application, including amendments to existing SPSDs, shall constitute an instruction to Town staff to prepare the appropriate ordinance for final formal passage at a subsequent time. If the ordinance is finally approved by the required number of votes, the ordinance shall be executed by the Mayor. 9. The ordinance creating the SPSD, or any amendments thereto, shall expressly state how the sign regulations in the SPSD differ from the standards set forth in the Town’s Sign Ordinance and shall include any other regulations that the Town Council deems appropriate. 10. The ordinance creating the SPSD, or any amendments thereto, shall include a statement as to the purpose and intent of the SPSD granted therein, including a general statement citing the reason for the SPSD request. 11. The ordinance creating the SPSD, or any amendments thereto, shall include a legal description of the area of the SPSD. 12. The SPSD District shall conform to all sections of the Town’s Sign Ordinance unless specifically addressed in the ordinance creating or amending the SPSD District. 13. The application for an SPSD shall also include additional information set forth in Section 1.12(D) below and shall generally comply with the Design Guidelines set forth in Section 1.12(E) below. 14. No request for establishing or amending an SPSD shall be accepted for filing or processing unless such request is accompanied by a completed application and all documents required by and prepared in accordance with the requirements of the Town’s Sign Ordinance. The acceptance or processing by a Town official of an SPSD application prior to the time a complete application is submitted hereby is deemed to be null and void and, upon discovery, shall be grounds for denial or revocation of such application. A typographical error shall not constitute an incomplete application. The applicant will be notified, and the reasons for such Item 14 34 denial or revocation shall be sent within ten (10) business days of submitting a complete application. D. ADDITIONAL INFORMATION REQUIRED - The application for an SPSD shall also include the following or the application shall be considered incomplete. 1. A depiction of all the signs that the applicant intends will deviate from the underlying sign regulations, including but not limited to Unified Development Signs, wall or other attached building signs, monument signs, window signs, directional/way finding signs, directory signs, pedestrian oriented signs, subdivision monument signs. 2. Location of all proposed signs in the proposed SPSD. 3. Size and number of all signs in the proposed SPSD, including maximum area, letter height, and height. 4. Materials proposed for all signs and sign structures in the proposed SPSD. 5. Color and style for all signs in the proposed SPSD (letter colors, background colors, text, fonts, etc…) including context of where signs are to be placed on any given façade. 6. Type of illumination (external, internal, etc…) for all signs in the proposed SPSD. 7. Landscaping and/or ornamental structures including fences, fountains, public art, ground cover, and other landscaping elements that are intended to complement those proposed signs that would deviate from the underlying sign regulations. 8. The Town Council or the Director of Development Services may request any other information to be included in the applications that they deem necessary. E. DESIGN GUIDELINES - The sign design guidelines are designed to help ensure quality signs that communicate their message in a clear fashion; however, the “guidelines” are not as strict as sign “standards.” The Town Council may interpret the design guidelines with some flexibility in their application to specific signs/projects, as not all design criteria may be workable or appropriate for each sign or project. In some circumstances, one guideline may be relaxed to facilitate compliance with another guideline determined by the Town Council to be more important in the particular case. The overall objective is to ensure that the intent and spirit of the design guidelines are followed. 1. Compatibility with surroundings. a. Proportional size and scale. The scale of signs should be based on the building façade on which they are placed and the area in which they are located. The size and shape of a sign should be proportional with the scale of the structure. Large storefronts such as big boxes may be allowed to have proportionally larger signs than smaller storefronts. Signs should not overwhelm the section of the building façade on which it is placed upon. b. Integrate signs with the building. Signs should be designed so that they are integrated with the design of the building. A well designed building facade or storefront is created by the careful coordination of Item 14 35 sign and architectural design, and a coordinated color scheme. Signs in multiple tenant buildings should be designed to complement or enhance the other signs in the building. Sign placement and design should be reviewed within the context of building. c. Corporate Franchise Signage. Corporate franchise signage should conform to the community’s visual desires while maintaining some elements of corporate identity. Corporate logos should fit the context, color, scale, and building elements. 2. Location and mounting. a. Signs should be mounted in locations that respect the design of a building and site, including the arrangement of bays and openings. Signs should not obscure windows, (including second story windows), window trim/molding, grillework, piers, pilasters, and other ornamental features. b. Attached signs on fascias above storefront windows should be sized to fit within existing friezes, lintels, spandrels, and other such features and not extend above, below, or beyond them. Typically, attached signs should be centered on horizontal surfaces (e.g., over a storefront opening). c. When a large building contains several storefronts, signs for the individual businesses should relate well to each other in terms of locations, height, proportion, color, and illumination. Maintaining continuity will reinforce the building’s facade composition while still retaining each business’s identity. 3. Color. a. Avoid using too many colors. Colors or color combinations that interfere with legibility of the sign copy or that interfere with viewer identification of other signs should be avoided. b. Use contrasting colors. Contrast is an important influence on the legibility of signs. A substantial contrast should be provided between the color and material of the background and the letters or symbols to make the sign easier to read in both day and night. Light letters on a dark background or dark letters on a light background are most legible. Light letters on a dark background work best for both day and night time use. 4. Materials. a. Compatibility of materials. Sign materials should be compatible with the design of the facade on which they are placed. Consider the architectural design of the building’s facade and select materials that complement the design. The selected materials should also contribute to the legibility of the sign. For example, glossy finishes are often difficult to read because of glare and reflections. b. Appropriate materials. Sign materials should be extremely durable. Paper and cloth signs are not suitable for exterior use (except on Item 14 36 awnings) because they deteriorate quickly. If wood is used, it should be properly sealed to keep moisture from soaking into the wood and causing the sign’s lettering to deteriorate. 5. Sign legibility. a. Concise Name Identification. A concise name or limited lines of copy should be used whenever possible given the limited amount of time the vehicle traveling public has to identify and read the sign. The fewer number of words, the more effective the sign. A simple and succinct sign is easier to read and looks more attractive because it is less cluttered. b. Use symbols and logos. Symbols and logos can be used in place of words whenever appropriate. Pictographic images will usually register more quickly in the viewer’s mind than a written message. And, they can be an expression of the owner’s creativity. c. Limit the number of letter styles. The number of lettering styles that are used on a sign should be limited in order to increase legibility. As a general rule, limit the number of different letter types to no more than two for small signs and three for larger signs. Intricate typefaces and symbols that are difficult to read reduce the sign’s ability to communicate. 6. Sign illumination. a. Internal illumination. Individually illuminated letters, either internally illuminated or backlit solid letters (reverse channel) are a preferred alternative to internally illuminated plastic cabinet signs. Signs comprised of individual letters mounted directly on a structure can often use a distinctive element of the structure’s facade as a backdrop, thereby providing a better integration of the sign with the structure. b. Use a projected light source. Signs along roadways with slower moving traffic or in pedestrian oriented environment should consider illumination by a projected light source (e.g., spotlight). Projection lighting is usually a better alternative because the sign will appear to be integrated with the building's architecture. Light fixtures supported in front of the sign cast light on the sign and generally a portion of the building's face as well. Projected lighting emphasizes the continuity of the structure's surface and signs become an integral part of the façade. The use of small, unobtrusive fixtures for external (projection) lighting is encouraged. Avoid the use of oversized fixtures that are out of scale with the sign and structure. Whenever projection lighting is used (fluorescent or incandescent), care should be taken to properly shield the light source to prevent glare from spilling over into residential areas and any public right-of-way. Signs should be lighted only to the minimum level required for nighttime readability. c. Cabinet signs. The use of internally illuminated cabinet signs is discouraged. When such signs are proposed, the background field is required to be opaque so that only the lettering appears illuminated Item 14 37 (e.g., routed or push-through lettering/graphics). When the background is not opaque, the entire sign face becomes bright and the sign becomes visually separated from the building. As a result, this type of sign can disrupt the continuity of the facade. d. Electrical raceways and conduits. Electrical transformer boxes and raceways are required to be concealed from public view. If a raceway cannot be mounted internally behind the finished exterior wall, the exposed metal surfaces of the raceway should be finished to match the background wall, or integrated into the overall design of the sign. If raceways are necessary, they should be as thin and narrow as possible and should never extend in width or height beyond the area of the sign's lettering or graphics. All exposed conduit and junction boxes should also be concealed from public view. e. Neon Signs. Neon/L.E.D. or similar types of lighting are discouraged. 7. Shopping Center Monument Signs. a. Freestanding signs are allowed to display a limited number of individual tenant signs and the name of the center. Multiple message panels make the sign ineffective in conveying a message and could potentially be a safety hazard. b. Individual tenant sign panels should be uniform in size. The address, the name of the center or the major tenant may have a larger sign panel. c. The sign structure should be architecturally designed and incorporate design details, materials, and colors of the associated buildings. d. Sign panels should be limited in size to the width of the architectural support elements of the sign. e. Signs should be externally illuminated. f. The size of the sign should be primarily dependent on the speed of the traffic viewing the sign and the distance from the roadway. g. Monument signs should include a landscaping element. 8. Shopping Center Store Signage. a. Require consistency (color, size, etc.) of tenant signage in shopping centers. b. Signs should be designed to complement or enhance the other signs in the center. c. A coordinated sign program should be encouraged for multi-tenant development. 9. Multi-story Corporate Offices and Hotels. a. Signs should be limited to monuments signs and possibly a single façade sign of appropriate scale and size that identifies the name of the major tenant or building. Item 14 38 1.13 REMOVAL/IMPOUNDMENT OF PROHIBITED SIGNS A. All signs listed in Section 1.11 and other prohibited or non-compliant signs shall be considered a public nuisance and are prohibited by this Ordinance. Upon identification of any prohibited sign, the Building Official shall provide written notification of the violation to the owner of the property on which the prohibited sign is located and/or the permittee of the sign. The notification shall state that the offending sign shall be removed by the property owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within the time period prescribed after written notification to do so by the Building Official. The notification shall further state that if the prohibited sign is not removed within a specific time frame (not to exceed ten (10) days) a citation may be issued and the Town may resort to any civil remedy available up to and including impoundment. If any sign is determined to present an immediate danger to public health, safety, or welfare, the Town shall remove it immediately. Within ten (10) days of the removal of the sign, the Town shall notify the owner of the property on which the sign was located of the reasons for removal of the sign. Signs authorized by a sign permit with an expiration date shall be removed promptly upon the date of expiration. Signs remaining after the date of expiration shall be deemed prohibited. The sign permit listing the expiration date shall be considered adequate notice of violation. B. It shall be unlawful for any person, firm or corporation receiving such written notice or having an expired permit to fail to comply with the direction of the notice. In the event failure to comply with such notice provided under Section 1.12(A), the Building Official is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent or person having beneficial use of the land, building or structure upon which such sign was located. C. If a sign is placed within the public right-of-way or on a Town-owned property in violation of this Ordinance, the sign may be immediately removed and impounded. 1.13.1 PRESUMPTION; VIOLATIONS IN OR ON PUBLIC PROPERTY A. If any sign of any nature is erected, constructed or maintained on public property in violation of the sign code, as amended, including but not limited to garage sales, yard sales, estate sales, neighborhood sales, directional signs, real estate signs, moving services, housekeeping services, lawn care services or any other type of service or sales, such sign shall be subject to the following: 1. The sign may be subject to confiscation by town personnel. a. Signs confiscated will be retained for a period of five (5) calendar days from the day after confiscation; b. Confiscated signs may be reclaimed by the owner within the five (5) day retention period provided that an impoundment fee as set forth in section 1.13 of the sign code, as amended, is paid; 2. When any address appears on such a sign, it shall be prima facie evidence that the record property owner at the address so specified is responsible for the offense of erecting, constructing or maintaining such sign, and that person shall be guilty of a misdemeanor, upon conviction; and Item 14 39 3. If such a sign contains no identifying information other than a telephone number, such information shall be prima facie evidence that the record property owner at the telephone number so specified is responsible for the offense of erecting, constructing or maintaining such sign, and that person shall be guilty of a misdemeanor, upon conviction. B. The following evidence relative to the name, address or telephone number contained in the following records is prima facie evidence of the contents of the record. 1. Name. An authenticated photograph of the sign showing the name of the person allegedly responsible, or the sign itself. 2. Address. A certified copy of that section of the most recent tax roll or appraisal district record which shows the name and address of the record property owner and an authenticated photograph of the sign or the sign itself. 3. Telephone number. An authenticated photograph of the sign or the sign itself, showing the telephone number, and a copy of the most recent telephone directory showing the listing, or a letter or other document from the telephone company showing the listed person and address at that telephone number. C. Any presumption contained in this section is rebuttable and shall have the effects and consequences set forth in V.T.C.A. Penal Code § 2.05. 1.14 RECOVERY OF IMPOUNDED SIGNS A. Impounded signs may be recovered by the owner within five (5) days from impoundment by paying a fee as follows: 1. The first violation shall result in a fee of ten dollars ($10.00) per sign for signs that are six (6) square feet or less in area. All subsequent violations shall result in a fee of twenty dollars ($20.00) per sign for sign that are six (6) square feet or less in area. 2. The first violation shall result in a fee of two hundred dollars ($200.00) per sign for signs that are greater than six (6) square feet in area. All subsequent violations shall result in a fee of four hundred dollars ($400.00) per sign for signs that are greater than six (6) square feet in area. B. Signs not recovered within five (5) days of impoundment may be disposed of by the Town in any manner it shall elect. 1.15 NEGLECTED AND ABANDONED SIGNS A. A neglected sign is a sign which contains any of the following characteristics: 1. Missing, cracked, or broken panels, missing cabinets or cans, burned out or broken lights, missing or broken letters, rust, loose parts, missing or flaking paint, is faded from its natural color, has damage or is not maintained. 2. A visibly bent, broken, dented, or torn structural support or frame. 3. Is twisted, leaning, or at angles other than those at which the sign was originally erected. B. An abandoned sign is a sign which, for at least thirty (30) continuous days, does not identify or advertise a bona fide business, lessor, service, owner, product, or activity; or pertains to a time, event, or purpose which no longer applies. Item 14 40 C. Abandoned signs and neglected signs shall be considered a public nuisance and are prohibited by this Ordinance. Upon written notification to the permit holder by the Building Official, such abandoned signs shall be removed from the premises and neglected signs shall be repaired or removed from the premises by the property owner, agent, or person having beneficial use of the land, building, or structure upon which such sign is located. The notification shall state that the offending sign shall be repaired or removed by the owner, agent or person having beneficial use of the land, building or structure upon which such sign is located within ten (10) days after written notification to do so by the Building Official. The notification shall further state that if the sign is not removed or repaired, a citation may be issued and the Town may resort to any civil remedy available to remove or repair the sign, up to and including impoundment. If any sign is determined to present an immediate danger to public health, safety, or welfare, the Town shall remove it immediately. Within ten (10) days of the removal of the sign, the Town shall notify the owner of the property on which the sign was located of the reasons for removal of the sign. D. It shall be unlawful for any Person, firm or corporation receiving such written notice to fail to comply with the direction of the notice. In the event failure to comply with such notice provided under Section 1.14(C), the Building Official is hereby authorized to cause the removal and impoundment of such sign. Any expenses incident thereto shall be the responsibility of the owner, agent or person having beneficial use of the land, building or structure upon which such sign was located. 1.16 NONCONFORMING SIGNS A. Definition - A nonconforming sign is a sign and its supporting structure which does not conform to all or part of the provisions of this Ordinance, and: 1. Was in existence and lawfully erected prior to the effective date of this Ordinance; 2. Was in existence and lawfully located and used in accordance with the provisions of the prior ordinance applicable thereto, or which was considered legally nonconforming there under, and has since been in continuous or regular use; or 3. Was in existence, located, and used on the premises at the time it was annexed into the Town and has since been in regular and continuous use. B. Any nonconforming sign and its supporting structure, which is destroyed, damaged, dilapidated or deteriorated, shall not be replaced, repaired, or renovated, in whole or in part, if such replacement, repair or renovation would require an expenditure of monies in excess of sixty (60) percent of the cost of a new sign, including its supporting structure, which is substantially the same or similar to the nonconforming sign destroyed, damaged, dilapidated or deteriorated. Changing an interior panel of a nonconforming sign is permitted in all cases. C. No sign or supporting structure which is lawfully reproduced, repaired, or renovated as a nonconforming sign shall be increased in area or height. D. Notwithstanding any other provision of this Ordinance, any sign which is a legally existing nonconforming sign hereunder may be relocated on the same lot or tract of land, if the sign is required to be removed from its present location because the property upon which the sign is located is acquired by any governmental agency or other entity which has or could have acquired the property through the exercise of its Item 14 41 power of eminent domain. Such relocated sign shall be placed, insofar as possible, as to comply with all the provisions of this Ordinance. E. A nonconforming sign in the Town or its extraterritorial jurisdiction (ETJ) may be relocated, reconstructed or removed as provided by law, including but not limited to Chapter 216 of the Texas Local Government Code as it exists or may be amended. F. If a nonconforming sign is required to be relocated, reconstructed or removed by the Town, the Mayor of the Town, or the person fulfilling the duties of the Mayor if the Mayor is unable to act, shall appoint a municipal board in accordance with Section 216.004 of the Texas Local Government Code, as it exists or may be amended, to be known as the “Municipal Board on Sign Control for Nonconforming Signs”. Once appointed, Board members shall serve for two (2) year terms unless they are removed by the Mayor, they resign, they fail to qualify to serve, or are otherwise removed. 1.17 VARIANCES A. Requests for variances to sign regulations and all allegations of errors in orders, decisions, or determinations by an administrative official in administration of the sign regulations shall be made in writing by the applicant and heard by the Town Council at a public hearing. An application for such appeal may be obtained from the Town. The Town Council shall hear, if possible, the request for a variance or the allegation of error within thirty (30) days after receipt of a completed application and applicable application fees. The application will require written authorization from the property owner. B. Before the tenth (10th) day of the date of the public hearing conducted by the Town Council, written notice of the public hearing shall be sent by its deposit in the United States mail to each owner, as indicated by the most recently approved Municipal Tax Roll, of property within two hundred feet (200') of the property on which the variance is proposed. The notice shall include a description of the time and place of such hearing, a description of the location of the subject property, and a description of the requested variance. In addition, the notice shall be published in the official newspaper of the Town, stating the time and place of such hearing, a minimum of ten (10) days prior to the date of the public hearing. C. In order to approve a request for a variance, the Town Council shall determine that the request meets four (4) of the following five (5) criteria: 1. The literal enforcement of the sign regulations will create an unnecessary hardship or a practical difficulty on the applicant; 2. The proposed sign shall not adversely impact and will be wholly compatible with the use and permitted development of the adjacent property (visibility, size, etc.); 3. The proposed sign shall be of a unique design or configuration; 4. The special exception is needed due to a hardship caused by restricted area, shape, topography, or physical features that are unique to the property or structure on which the proposed sign would be erected, and such hardship is not self imposed; 5. The special exception will substantially improve the public convenience and welfare and does not violate the intent of this Ordinance. Item 14 42 D. A variance shall not be approved for a sign that is prohibited by Section 1.11 of this Ordinance. 1.18 SPECIAL EVENTS SIGNAGE A. Special events are generally defined as a festival, fair, tournament, or other similar happening. Should Town staff question a proposed activity or celebration as a valid special event, a description of the proposed activity or celebration will be prepared by the applicant and forwarded to the Town Council by Town staff for the Town Council’s consideration of the event as a special event. Business promotions such as grand openings and sales events shall not be classified as a special event. B. Banner signs, stake signs, and inflatable signs may not be erected to advertise a special event until a sign coordination plan as defined in Section 1.18 has been approved by the Town. The sign coordination plan will be required to illustrate the location of the banners, stake signs, and inflatable signs to be used for a special event. C. Signage associated with a special event may be erected for a maximum of twenty- one (21) days, unless otherwise approved by the Town Council. All signage associated with a special event shall be removed no later than twenty-four (24) hours after the event. 1.19 SIGN COORDINATION PLAN A. A sign coordination plan is required to be prepared for variance requests. A sign coordination plan is also required prior to the permitting of specified signs to determine overall sign locations on a property, the relationship of the signs to surrounding existing, proposed, and future improvements, and to determine consistency and uniformity among buildings and signs within a unified development zone or residential development. The sign coordination plan shall be submitted to the Development Services Department. A calendar of official submittal dates shall be published by the Town thirty (30) days prior to the beginning of each calendar year. All applications received on a date other than an official submittal date shall be dated received on the next official submittal date. B. A sign coordination plan shall contain the following information: 1. Elevations of the signs illustrating the materials of construction, colors, lighting, font of letters, and dimensions of the signs. If the sign is to be attached to a building, the elevation shall be a composite of the sign and the building. 2. Elevations depicting the size of the signs in relation to the size of the buildings within the development. 3. A plan drawn to preliminary site plan or site plan specifications of the site illustrating the location of existing and proposed signs on the property and, if required by Town staff, on adjacent properties. 4. Other information to illustrate the consistency and uniformity of the signs. 5. For unified development signs, the sign coordination plan shall identify a unified development zone. Only those properties and businesses included within the unified development zone shall be included on the unified development signs erected within the unified development zone. Item 14 43 C. For non-residential and multi-family developments, the sign coordination plan shall be submitted to the Town for review with a preliminary site plan or site plan of the property. For single family and two-family developments, the sign coordination plan shall be submitted to the Town for review with a preliminary plat or final plat of the property. D. A sign coordination plan required of specified signs shall be submitted to the Development Services Department. The plan will be reviewed in accordance with the Town’s Development Review Schedule and considered for approval by Town staff. Staff may approve or deny a sign coordination plan. Should staff deny a sign coordination plan, the plan may be forwarded to the Town Council for their review and consideration upon receipt of a written appeal request. The Town Council may approve or deny the plan. The decision of staff and the Town Council is discretionary. The Town Council’s decision is final. This Space Intentionally Left Blank Item 14 44 1.20 ILLUSTRATIONS A. Permissible signs that require the issuance of a sign permit. 1. Awning Sign 2. Banner Sign 3. Inflatable Sign 4. Monument Sign 5. Internal Directional Sign 6. Menu Board Signs Item 14 45 7. Unified Development Sign 8. Projecting Sign 9. Secondary Roof Sign 10. Sandwich Board Sign 11. Subdivision Entry Sign Item 14 46 12. Subdivision Monument 13. Wall Sign 14. Wood Frame Sign 15. Scoreboard 16. Canopy Sign 17. Stake Sign Item 14 47 B. Permissible signs that do not require the issuance of a sign permit. 1. Flags 2. Human Sign 3. Instructional Sign 4. Vending Machine Sign 5. Civic Sign 6. Vehicle Sign Item 14 48 7. Window Sign 8. Zoning Sign C. Prohibited Signs 1. Commercial Billboard Sign 2. Portable Sign 1. 3. Roof Sign 4. Pole Sign Item 14