02.23.2016 Town Council Packet
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
3. Announcements of recent and upcoming events.
4. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
4a. Consider and act upon minutes from the following Town Council meeting. (RB)
Regular Meeting – February 9, 2016
4b. Receive the Quarterly Investment Report ending December 31, 2015. (BP)
4c. Consider and act upon canceling the March 8, 2016, Regular Meeting. (RB)
4d. Consider and act upon authorizing the Town Manager to execute the Playground
Joint Use Agreement between the Prosper Independent School District and the
Town of Prosper, Texas, related to Windsong Park. (WM)
4e. Consider and act upon authorizing the Town Manager to execute a First
Amendment to License Agreement between TVG Texas I, LLC, Windsong Ranch
Community Association, Inc., and the Town of Prosper, Texas, related to the
installation and maintenance obligations of improvements consisting of
landscaping, trees, root barriers, irrigation and/or drainage facilities within the
right-of-ways of the public roads in Windsong Ranch, Phase 2A and Phase 3B.
(DH)
4f. Consider and act upon a resolution authorizing the Town Manager to execute an
application to the Texas State Library and Archives Commission for the FY 2016-
2017 Impact Grant. (LS)
4g. Consider and act upon whether to direct staff to submit a written notice of appeal
on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
Site Plan or Preliminary Site Plan. (AG)
AGENDA
Meeting of the Prosper Town Council
Prosper ISD Central Administration Building
605 E. Seventh Street, Prosper, TX
Tuesday, February 23, 2016
6:00 p.m.
Page 2 of 3
5. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please complete
a “Public Meeting Appearance Card” and present it to the Town Secretary prior to the
meeting.)
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting. Citizens wishing to address the Council for items listed as public
hearings will be recognized by the Mayor. Those wishing to speak on a non-public
hearing related item will be recognized on a case-by-case basis, at the discretion of the
Mayor and Town Council.)
DEPARTMENT ITEMS:
6. Consider and act upon authorizing the Town Manager to execute a Memorandum of
Understanding (MOU) between the Town of Little Elm, Texas, and the Town of Prosper,
Texas, related to the physical use and compensation of Prosper Fire Station No. 2 by
Little Elm for the purpose of facilitating Automatic Assistance. (RT)
7. Provide an update and project status regarding the development of a Regional Capacity,
Management, Operations, and Maintenance (CMOM) Program. (FJ)
8. Discussion on a proposed ordinance of the Town of Prosper amending Chapter 13,
“UTILITIES” of the Code of Ordinances of the Town of Prosper, Texas, by adding a new
Article 13.11 “Fats, Oils and Grease (FOG) Outreach Plan” and amending Appendix A
“Fee Schedule” to the Code of Ordinances of the Town of Prosper, Texas, by adding a
new section XIX, “FOG Outreach and Enforcement Fees.” (FJ)
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.
9c. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with annexation agreements in Town ETJ areas, development issues
associated with areas subject to annexation agreements, and all matters incident
and related thereto.
9d. Section 551.071 – Consultation with the Town Attorney regarding property repair
issues and contractual agreement regarding same.
Page 3 of 3
9e. Section 551.074 – To discuss appointments to the Board of
Adjustment/Construction Board of Appeals, Parks & Recreation Board, Library
Board, Prosper Economic Development Corporation Board, and Planning &
Zoning Commission.
9f. Section 551.074 – To discuss and review the Town Manager’s performance
evaluation.
10. Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
11. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Human Signs (JW)
12. 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 on February 19, 2016, by 5:00
p.m., and remained so posted at least 72 hours before said meeting was convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Noticed Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to
consult in closed session with its attorney and to receive legal advice regarding any item listed on this
agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are
limited to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes
with approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are
wheelchair accessible. For special services or assistance, please contact the Town Secretary’s Office at
(972) 569-1011 at least 48 hours prior to the meeting time.
Page 1 of 6
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Prosper is a place where everyone matters.
1. Call to Order/Roll Call.
The meeting was called to order at 6:01 p.m.
Council Members Present:
Mayor Ray Smith
Deputy Mayor Pro-Tem Curry Vogelsang, Jr.
Councilmember Michael Korbuly
Councilmember Kenneth Dugger
Councilmember Mike Davis (arrived at 6:06 p.m.)
Councilmember Jason Dixon
Council Members Absent:
Mayor Pro-Tem Meigs Miller
Staff Members Present:
Harlan Jefferson, Town Manager
Robyn Battle, Town Secretary
Terrence Welch, Town Attorney
Hulon Webb, Executive Director of Development and Community Services
John Webb, Development Services Director
Matt Richardson, Senior Engineer
Leslie Scott, Library Director
Julie Shivers, Recreation Services Coordinator
Betty Pamplin, Accounting Manager
Celia O’Dell, Court Administrator
Doug Kowalski, Chief of Police
Ronnie Tucker, Fire Chief
2. Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Councilmember Korbuly led the invocation. The Pledge of Allegiance and the Pledge to the
Texas Flag were recited.
3. Announcements of recent and upcoming events.
Prosper is in a competition with communities across the state to show who has the greatest
commitment to a healthy lifestyle. Mayor Smith is challenging businesses, schools,
organizations, churches and residents to participate in the "It's Time Texas Community
Challenge" by earning points for Prosper. To show your support and earn points for
Prosper, please register at www.ITTCommunityChallenge.com. The community that wins
the contest will receive a $1,200 grant for healthy school initiatives, and a banner and
trophy for the Town to display. The contest ends March 31. Prosper is currently in fourth
MINUTES
Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, February 9, 2016
Item 4a
Page 2 of 6
place, but we are moving up quickly. For questions, please contact Julie Shivers,
Recreation Services Coordinator.
Early Voting for the republican and democratic primary election will begin on Tuesday,
February 16. Collin County voters may vote in the Prosper Municipal Chambers during
early voting and at the Prosper ISD Central Administration Building on Election Day, which
is March 1. Denton County voters can find polling locations and hours at
www.votedenton.com. More information about the upcoming election is available on the
Town website.
The seventh annual Fishing Derby is set for Saturday, February 27, at Frontier Park from
9:00 a.m.-11:00 a.m. Prizes in a variety of categories and age groups will be awarded at
the conclusion of the event. To register for this free family event, please visit
www.prosperparksandrec.org
Mayor Smith skipped to Item 5.
5. CONSENT AGENDA:
(Items placed on the Consent Agenda are considered routine in nature and non-
controversial. The Consent Agenda can be acted upon in one motion. Items may be
removed from the Consent Agenda by the request of Council Members or staff.)
5a. Consider and act upon minutes from the following Town Council meetings.
(RB)
Regular Meeting – January 26, 2016
Strategic Planning Session – January 27, 2016
5b. Receive the December 2015 Financial Report. (BP)
5c. Consider and act upon accepting the 2015 Racial Profiling Report as required
by state law. (DK)
5d. Consider and act upon Resolution No. 16-10 ordering a General Election to be
held on May 7, 2016, and authorizing the Town Manager to execute contracts
with the Collin County Election Administration, the Denton County Election
Administration, and the Prosper Independent School District for joint election
services. (RB)
5f. Consider and act upon the appointment of members to the Capital
Improvements Advisory Committee. (MR)
5g. Consider and act upon Ordinance No. 16-12 rezoning 15.7± acres, from
Commercial (C) and Planned Development-25 (PD-25) to Planned
Development-Retail (PD-R), located on north side of US 380, 580± feet west of
Custer Road. (Z15-0011). (JW)
5h. Consider and act upon Ordinance No. 16-13 for a Special Purpose Sign
District for Kroger, on 23.4± acres, located on the northwest corner of US 380
and Custer Road. (MD15-0004). (JW)
Item 4a
Page 3 of 6
5i. Consider and act upon Ordinance No. 16-14 annexing 100.0± acres generally
located on the south side of Prosper Road, 2,500± feet west of Legacy Drive.
(A15-0003). (JW)
5j. Consider and act upon Resolution No. 16-15 authorizing the Texas Coalition
for Affordable Power, Inc. (TCAP) to negotiate an electric supply agreement
for five years for deliveries of electricity effective January 1, 2018; authorizing
TCAP to act as an agent on behalf of the Town to enter into a contract for
electricity; and authorizing the Town Manager of the Town of Prosper, Texas,
to execute an electric supply agreement for deliveries of electricity effective
January 1, 2018, committing to budget for energy purchases in 2018 through
2022 and to honor the Town’s commitments to purchase power for its
electrical needs in 2018 through 2022 through TCAP. (HJ)
Councilmember Vogelsang removed Item 5e from the Consent Agenda.
5e. Consider and act upon Ordinance No. 16-11 amending Section 12.09.003
"Speed Limits on Specific Streets" of Chapter 12 "Traffic and Vehicles" of the
Town's Code of Ordinances by modifying the prima facie speed limits on
certain streets. (MR)
Matt Richardson responded to questions from the Town Council on the state’s process for
designating speed limits, as well as programs the Town can use to promote speed limits
among residents, neighborhoods and homeowners associations. Councilmember
Vogelsang made a motion and Councilmember Dugger seconded the motion to approve
Item 5e. The motion was approved by a vote of 6-0.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to approve all remaining items on the Consent Agenda. The motion was approved by a
vote of 6-0.
6. CITIZEN COMMENTS:
(The public is invited to address the Council on any topic. However, the Council is
unable to discuss or take action on any topic not listed on this agenda. Please
complete a “Public Meeting Appearance Card” and present it to the Town Secretary
prior to the meeting.)
There were no Citizen Comments.
REGULAR AGENDA:
(If you wish to address the Council during the regular agenda portion of the meeting,
please fill out a “Public Meeting Appearance Card” and present it to the Town
Secretary prior to the meeting. Citizens wishing to address the Council for items
listed as public hearings will be recognized by the Mayor. Those wishing to speak
on a non-public hearing related item will be recognized on a case-by-case basis, at
the discretion of the Mayor and Town Council.)
Item 4a
Page 4 of 6
DEPARTMENT ITEMS:
7. Consider and act upon authorizing the Town Manager to execute a Professional
Engineering Services Agreement between the Town of Prosper, Texas, and Wier &
Associates, Inc., related to the Church & Parvin Drainage Improvements project. (MR)
Matt Richardson presented this item before the Town Council. The Old Town Drainage
Study, which was presented to Council on April 8, 2014, outlined various improvements to
be made over time to improve drainage conditions in the downtown area. Several projects
were incorporated into the FY 2015-2016 CIP, including the Church & Parvin Drainage
Improvements, and land acquisition for regional detention ponds. The proposed agreement
includes evaluation, design and land acquisition documents for two detention ponds, and
engineering, bid and construction phase services for the underground storm sewer system.
After discussion, Councilmember Korbuly made a motion and Councilmember Vogelsang
seconded the motion to authorize the Town Manager to execute a Professional Engineering
Services Agreement between the Town of Prosper, Texas, and Wier & Associates, Inc.,
related to the Church & Parvin Drainage Improvements project. The motion was approved
by a vote of 6-0.
8. Consider and act upon authorizing the Town Manager to execute a Contract
Amendment between the Town of Prosper, Texas, and Freese & Nichols, Inc., related
to the Lower Pressure Plane Pump Station and Transmission Line project. (MR)
Matt Richardson, Senior Engineer, presented this item before the Town Council. Freese &
Nichols, Inc., is nearing completion of an alignment study for the pipeline and siting analysis
for the Lower Pressure Plane Pump Station and Transmission Line Project. Blue Star Land
has recently submitted plans for the construction of four lanes of Lovers Lane between US
380 and Preston Road. The alignment study for the pipeline includes a segment of 42-inch
water line that will run within the right-of-way for this segment of Lovers Lane. To mitigate
future construction impacts and increased costs associated with traffic control and
pavement removals, Town staff has requested a proposal from Freese & Nichols to design
this segment of 42-inch water line immediately for the purpose of bidding construction by
May 2016.
Councilmember Korbuly made a motion and Councilmember Davis seconded the motion to
authorize the Town Manager to execute a Contract Amendment between the Town of
Prosper, Texas, and Freese & Nichols, Inc., related to the Lower Pressure Plane Pump
Station & Transmission Line project. The motion was approved by a vote of 6-0.
9. Consider and act upon Ordinance No. 16-16 amending Subsection III, “All Weapons
Banned,” of Section 8.06, “Weapons Ban and Violence Prevention,” of Chapter 8,
“Work Environment,” of the Town of Prosper Personnel Policies and Procedures
Manual. (TW)
Town Attorney Terrence Welch presented this item before the Town Council. The purpose
of the proposed ordinance is to make the Town’s personnel policies consistent with state
law. In response to questions by the Town Council, Mr. Welch stated that employees would
be prohibited from possessing weapons in Town facilities and Town vehicles.
Councilmember Dugger made a motion and Councilmember Korbuly seconded the motion
to approve Ordinance No. 16-16 amending Subsection III, “All Weapons Banned,” of
Item 4a
Page 5 of 6
Section 8.06, “Weapons Ban and Violence Prevention,” of Chapter 8, “Work Environment,”
of the Town of Prosper Personnel Policies and Procedures Manual. The motion was
approved by a vote of 6-0.
10. 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:
10a. Section 551.087 – To discuss and consider economic development incentives.
10b. 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.
10c. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with annexation agreements in Town ETJ areas, development
issues associated with areas subject to annexation agreements, and all
matters incident and related thereto.
10d. Section 551.071 – Consultation with the Town Attorney regarding legal issues
associated with the Texas Department of Housing and Community Affairs HTC
Program, including requirements under Title 10, Chapter 10 of the Texas
Administrative Code, and all matters incident and related thereto.
The Town Council recessed into Executive Session at 6:29 p.m.
The Town Council reconvened the Regular Meeting briefly to present the following
Proclamation:
4. Presentations
Presentation of a Proclamation declaring February 2016 as Congenital Heart
Defect Awareness Month. (RB)
Melissa Hansen of Mended Little Hearts of Dallas was present to receive the Proclamation.
After the presentation, the Town Council recessed once again into Executive Session.
11. Reconvene in Regular Session and take any action necessary as a result of the
Closed Session.
The Town Council reconvened the Regular Session at 7:14 p.m. No action was taken as a
result of Executive Session.
12. Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
Frontier Park North
Hulon Webb, Executive Director of Development and Community Services discussed the
option of having one 300-foot field. He presented three concept plans. The Town Council
provided direction to move forward with Concept 1.
Item 4a
Page 6 of 6
Town Secretary Robyn Battle presented the Town Council with the option to cancel the
March 8 Regular Meeting, due to Spring Break. The Council agreed to cancel the meeting.
Development Services Director John Webb discussed the Nelson Brothers batch plant
SUP, which will expire next year. They have requested an expansion, which will require an
amendment to the current SUP. The Town Council discussed the option of extending the
SUP, and provided direction for staff to work with the company on an SUP amendment
now.
The Town Council discussed the Village at Prosper Trail storm drainage issue and the
financial responsibilities of the various parties involved. Terrence Welch, the Town Attorney
stated that the issue is under review.
13. Adjourn.
The meeting was adjourned at 7:32 p.m. on Tuesday, February 9, 2016.
These minutes approved on the 23rd day of February, 2016.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
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Town Page 5Item 4b
Page 1 of 1
To: Mayor and Town Council
From: Robyn Battle, Town Secretary
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 23, 2016
Agenda Item:
Consider and act upon canceling the March 8, 2016, Town Council meeting.
Description of Agenda Item:
Due to the upcoming Spring Break holiday, Town staff recommends canceling the March 8,
2016, Town Council meeting. The next Town Council meeting is scheduled for March 23, 2016.
Staff Recommendation:
Town staff recommends the Town Council cancel the March 8, 2016, Town Council meeting.
Proposed Motion:
I make a motion to cancel the March 8, 2016, Town Council meeting.
Prosper is a place where everyone matters.
TOWN SECRETARY’S
OFFICE
Item 4c
Page 1 of 2
To: Mayor and Town Council
From: Will Mitchell, Parks and Recreation Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 23, 2016
Agenda Item:
Consider and act upon authorizing the Town Manager to execute the Playground Joint Use
Agreement between the Town of Prosper, Texas, and Prosper Independent School District (PISD),
related to Windsong Park.
Description of Agenda Item:
The Prosper Independent School District is in the process of constructing Windsong Elementary
School. Town staff and PISD have worked together to provide shared facilities for the playground.
At their cost, PISD will be constructing additional parking on the southern perimeter of the school
that would function as parking for the park location adjacent to the school. The Town is giving park
improvement fee credit to Terra Verde, LLC, to construct the Windsong Park playground, pavilion
and other site amenities. The PISD will be maintaining the parking lot adjacent to Windsong Park
and the proposed playground and pavilion.
This agreement is similar to other joint use agreements between the Town and PISD. At Folsom
Park, the PISD paid for the parking spaces adjacent to the park and the Town and PISD shared
the cost for constructing the playground. At Cockrell Elementary, the Town paid for additional
parking spaces above what the PISD was constructing adjacent to Cockrell Park, and the Town
and PISD shared the cost for constructing the playground.
Budget Impact:
Funding will utilize the Park Improvement Fees generated with the Windsong Ranch Development
(Phases 1-4). The allocated funds for the neighborhood park are estimated to be $579,600, with
$168,578 allocated for the playground area. The parking lot is to be constructed by PISD at their
cost.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the Playground Joint Use Agreement
as to form and legality.
Attached Documents:
1. Playground Joint Use Agreement
Prosper is a place where everyone matters.
PARKS &
RECREATION
Item 4d
Page 2 of 2
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute the
Playground Joint Use Agreement between the Town of Prosper, Texas, and Prosper Independent
School District, related to Windsong Park.
Proposed Motion:
I move to authorize the Town Manager to execute the Playground Joint Use Agreement between
the Town of Prosper, Texas, and Prosper Independent School District, related to Windsong Park.
Item 4d
Page 1 of 7
PLAYGROUND JOINT USE AGREEMENT
THIS PLAYGROUND JOINT USE AGREEMENT (“Agreement”) is made and
entered into this ___ day of __________, 2016, by and between the Town of Prosper, Texas, a
municipal corporation organized under the laws of the State of Texas (“the Town”), and the
Prosper Independent School District, a political subdivision of the State of Texas (“the District”),
subject to the following terms and conditions. Collectively, the Town and the District may be
referred to as the “Parties.”
WHEREAS, the Town owns real property within the corporate limits of the Town
containing 7.546± acres, more or less, described as Windsong Ranch, Phase 2D-1, Lot 1, Block
H, as shown on attached Exhibit A (“Park Property”), incorporated by reference; and
WHEREAS, the Park Property is adjacent to Windsong Elementary School (“School”),
and the District has determined that an additional playground facility (as defined in Paragraph 1,
below) is needed for use by the students at the School; and
WHEREAS, the District has determined that space for the Playground is not available on
the School’s property; and
WHEREAS, the Town has determined that space for the Playground is available on the
Park Property; and
WHEREAS, the Parties mutually recognize the public interest in developing a
Playground, as reflected in attached Exhibit B, attached hereto and incorporated by reference, on
the Park Property, adjacent to the School; and
WHEREAS, the Town and the District also mutually recognize that the taxpayers of
each governmental entity are best served by the maximum utilization of the Park Property and
Playground, and such utilization will minimize the need for costly duplication of similar
facilities.
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
contained herein, the parties hereto agree as follows:
1. Obligations of the Parties.
A. Obligations of the Town. The Town at its cost shall construct the Playground, as
reflected in attached Exhibit B, which shall include the following improvements:
a pavilion, five (5) picnic tables, the four foot (4’) sidewalk around the play area,
stone benches, an outdoor grill and appropriate recreational equipment, as
determined by the Town, all of which shall be referenced herein collectively as
the “Playground.”
B. Obligations of the District. The District at its cost shall construct the parking
area adjacent to the Playground, as reflected in attached Exhibit B. The
construction of the parking area shall be subject to Town approval of all
engineering and design plans.
Item 4d
Page 2 of 7
2. Maintenance Obligations of the District. Upon completion of construction of
the Playground improvements by the Town, the District shall be responsible for any and all costs
associated with the maintenance, repair and operation of the Playground and the parking area
adjacent to the Playground. The District, as it deems necessary, may employ contractors or
subcontractors to perform maintenance and repair work and shall be responsible for all such
repair and maintenance costs.
3. Rules and Regulations. The Town and the District recognize that the District
has adopted, or will adopt, certain rules and regulations covering the use of the Playground and
the conduct of persons at or on such Playground, which rules may be amended from time to time
at the District’s sole discretion, in order to ensure the continued and uninterrupted operation of
the Playground and the safety of all users. The District agrees that it will adequately notify
Playground users of the rules and regulations promulgated b y the District relating to such
Playground. Playground users that fail to comply with the District’s rules may be suspended
from use of the Playground until the District and the Town receive written assurances that the
rules will be followed in the future, and both Parties mutually agree that the suspension from use
will be lifted. Additionally, the Town may adopt and enforce ordinances in conjunction with
District’s rules and regulations.
A. Use of the Playground
i) The Town and the District shall use the Playground only for the purposes
outlined in this Agreement.
ii) The Town and the District shall not use, or permit the use of, the
Playground in any manner that results in waste of the Playground or
constitutes a nuisance, nor shall the Town and the District use, or permit
the use of, the Playground for any illegal purpose.
iii) The Town and the District shall comply with all governmental laws,
ordinances and regulations applicable to the use of the Playground, and
shall comply with all governmental orders and directives for the
correction, prevention and abatement of nuisances and other activities in
or upon, or connected with the Playground.
iv) To the extent any alterations to the Playground identified in this
Agreement, subsequent to completion of construction of the Playground,
are required or otherwise mandated by the Americans with Disabilities
Act, as amended, or other applicable laws or regulations, the District shall
be responsible for one hundred percent (100%) of the expense of the
alterations.
v) Any signs installed by the Town and the District on the Playground shall
conform to applicable laws, deed restrictions on the Playground, and other
applicable requirements.
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B. Liability
i) The Town shall not be liable for any damage or injury to the persons,
business (or any loss of income), goods, inventory, furnishings, fixtures,
equipment, merchandise or other property of the District, the District’s
employees, invitees or licensees, whether the damage or injury is caused
by or results from: (a) fire, steam, electricity, water, gas or wind; (b) the
breakage, leakage, obstruction or other defects of pipes, sprinklers, wires,
appliances, plumbing, air conditioning or lighting fixtures or any other
cause; (c) conditions arising on or about the Playground or upon other
portions of any building of which the Playground is a part, or from other
sources or places; or (d) any act or omission of the District. The Town
shall not be liable for any damage or injury even though the cause of or
the means of repairing the damage or injury are not accessible to the
District. The Town does not waive its right of sovereign immunity by
entering into or performing the terms and conditions of this Agreement.
ii) The District shall not be liable for any damage or injury to the persons,
business (or any loss of income), goods, inventory, furnishings, fixtures,
equipment, merchandise or other property of the Town proximately caused
by the intentional misconduct or negligence of the Town, its employees,
officers, or agents after the effective date of this Agreement. The District
does not waive its right of sovereign immunity by entering into or
performing the terms and conditions of this Agreement.
C. Compliance with the Law
The Parties shall insure that all operations and vendor or concessionaire activities, if any,
will comply with applicable federal, state and local laws. The District and the Town shall
not be responsible for the compliance of third parties with this provision.
D. Maintenance and Surrender
i) The District shall, at all times, keep the Playground in good order,
condition and repair, ordinary wear and tear excepted, including, but not
limited to, maintenance and repairs as provided in this Agreement.
ii) The Town, shall comply with all laws, rules, orders, ordinances,
directions, regulations and requirements of federal, state, county and
municipal authorities pertaining to the Town’s use of the Playground and
with the recorded covenants, conditions and restrictions, regardless of
when they become effective, including, without limitation, all applicable
federal, state and local laws, regulations or ordinances pertaining to air
and water quality, hazardous materials waste disposal, air emissions and
other environmental matters, all zoning and other land use matters, and
with any direction of any public officer or officers, pursuant to law, which
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impose any duty upon the Town with respect to the use or occupancy of
the Playground.
4. Incidents. All accidents to persons or damage to the Playground shall be reported
by the party receiving the report of the accident or damage to the other party verbally within
twenty-four (24) hours, verbal notice may include leaving a voice mail message at the contact
numbers identified in Paragraph 9 below, and in writing within three (3) business days from the
date of such accident or damage.
5. Insurance.
A. Liability Insurance
Each party hereto shall maintain during the term of this Agreement a general liability
insurance policy covering damages arising out of personal or bodily injury or death and
damage to property, including the loss thereof, occurring on or in any way related to the
use of the Playground covered by this Agreement, with limits of not less than one million
dollars ($1,000,000.00) dollars annual aggregate limit or five hundred thousand
($500,000.00) dollars single limit per occurrence annual aggregate. Such insurance
policy shall provide that the insurer shall give not less than thirty (30) days prior written
notice of the cancellation thereof to the other party. Each party shall give the other party
evidence of such insurance coverage within thirty (30) days from the execution date of
this Agreement.
B. Property Insurance
The Town shall maintain property damage insurance on the Park Property.
6. Default. The failure of a party to abide by any of the terms and conditions of this
Agreement shall constitute an Event of Default. In the event of a non-monetary default, the non-
defaulting party shall notify the defaulting party of such event of default in writing. If the non-
monetary event of default does not involve the safety of person or property, in the sole
determination of the non-defaulting party, the defaulting party shall have thirty (30) days from
the date of notice within which to cure the default; or if the default is not susceptible of being
cured within such thirty (30) day period, the defaulting party shall have ten (10) days from the
date of notice to commence cure of the default and shall continuously and vigorously pursue the
same to completion. If the non-monetary event of default involves the safety of person or
property, in the sole discretion of the non-defaulting party, the defaulting party shall have
twenty-four (24) hours within which to cure such default, failing which the non-defaulting party
shall have the right to suspend the defaulting party’s right to use the Playground until the default
is cured. In the event of a monetary default or a non-monetary default which has not been cured
within the time set forth above, the non-defaulting party shall have the right to immediately
terminate this Agreement.
7. Term. The term of this Agreement shall be for thirty (30) years, and unless
written notice is given by one Party to the other that this Agreement shall terminate at the
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conclusion of said thirty (30) years, then this Agreement shall automatically renew for an
additional five (5) year term.
8. District Board of Trustees and Town Council Approval. This Agreement is
entered into by District pursuant to action taken by its Board of Trustees dated _________, 2016,
authorizing the Superintendent to execute the same on behalf of the Prosper Independent School
District, and by Town pursuant to action taken by its Town Council on __________, 2016,
authorizing the Town Manager to execute the same on behalf of the Town of Prosper.
9. Miscellaneous Provisions.
A. Notices. Any notice required or permitted under this Agreement shall be given
when actually delivered or when deposited in the United States mail as certified
mail addressed as follows:
To the District: Prosper Independent School District Superintendent
P. O. Box 100
Prosper, Texas 75078
Telephone: 972-346-3316
Facsimile: 972-346-9247
To the Town: Town of Prosper
Town Manager
P.O. Box 307
Prosper, Texas 75078
Telephone: 972-346-2640
Facsimile: 972-346-9335
B. Entire Agreement. This Agreement contains the entire agreement of the Parties
with respect to the matters contained herein and may not be modified or
terminated except upon the provisions hereof or by the mutual written agreement
of the parties hereto.
C. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
D. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is
forever confessed.
E. Sovereign Immunity. Nothing in this Agreement shall be deemed a waiver of
the governmental, sovereign, or official immunity afforded by law to either the
Town or the District.
F. Non-Transferable. Neither party hereto shall sublet, transfer or assign any of its
rights hereunder to a third party.
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G. Cumulative Remedies. All rights and remedies of the Town and the District
under this Paragraph shall be cumulative, and none shall exclude any other right
or remedy provided by law, or by any other provisions of the Agreement. All
such rights and remedies may be exercised and enforced concurrently and
whenever, and as often, as occasion for their exercise arises.
H. Waiver of Breach. A waiver by either the Town or the District of a breach of the
Agreement by the other party does not constitute a continuing waiver or a waiver
of any subsequent breach of the Agreement.
I. Parties Bound. The Agreement shall be binding upon, and inure to the benefit
of, the Parties to the Agreement and their respective heirs, executors,
administrators, legal representatives, successors, and assigns when permitted by
this Agreement.
J. Legal Construction. In case any one or more of the provisions contained in the
Agreement shall for any reason be held by a court of competent jurisdiction to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or
unenforceability shall not affect any other provision of the Agreement, and the
Agreement shall be construed as if the invalid, illegal, or unenforceable provision
had never been included in the Agreement.
K. Drafted Equally by all Parties. The Agreement shall be deemed drafted equally
by all parties hereto. The language of all parts of the Agreement shall be
construed as a whole according to its fair meaning, and any presumption or
principle that the language herein is to be construed against any party shall not
apply.
L. Amendment. No amendment, modification, or alteration of the terms of the
Agreement shall be binding unless it is in writing, dated subsequent to the date of
the Agreement, and duly executed by the parties to the Agreement.
M. Force Majeure. Neither the Town nor the District shall be required to perform
any term, condition, or covenant in the Agreement so long as performance is
delayed or prevented by force majeure, which shall mean acts of God, strikes,
lockouts, material or labor restrictions by any governmental authority, civil riots,
floods, and any other cause not reasonably within the control of the Town or the
District and which by the exercise of due diligence the Town or the District is
unable, wholly or in part, to prevent or overcome.
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TOWN OF PROSPER, TEXAS
By: ________________________________
Harlan Jefferson, Town Manager
Date: ______________________
ATTEST:
_________________________________
Robyn Battle, Town Secretary
PROSPER INDEPENDENT
SCHOOL DISTRICT
By: ________________________________
Drew Watkins, Superintendent
Date: _______________________
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EXHIBIT B
Windsong Neighborhood Park/ Exhibit"B"
December 8, 2015Prosper, TX Terra Verde Group
N O R T H
0 100'50'25'10'
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To: Mayor and Town Council
From: Daniel L. Heischman, P.E., Senior Engineer
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 23, 2016
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a First Amendment to License
Agreement between TVG Texas I, LLC, Windsong Ranch Community Association, Inc., and the
Town of Prosper, Texas, related to the installation and maintenance obligations of improvements
consisting of landscaping, trees, root barriers, irrigation and/or drainage facilities within the right-of-
ways of the public roads in Windsong Ranch, Phase 2A and Phase 3B.
Description of Agenda Item:
In 2013, the Planning and Zoning Commission approved the preliminary plats for the phases 2A
and 3B of the Windsong Ranch development, with the option to install street trees within the right-
of-ways of the public roads. In 2015, Town entered into a license agreement for Windsong Ranch,
Phase 1 to allow street trees within the public right-of-way.
Town staff and TVG Texas I, LLC, developed the License Agreement to clarify the installation and
maintenance obligations of the improvements. The First Amendment to the License Agreement will
add phases 2A and 3B to the existing License Agreement.
Attached Documents:
1. License Agreement
2. Windsong Ranch Phase 2A Preliminary Plat
3. Windsong Ranch Phase 3B Preliminary Plat
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a First
Amendment to License Agreement between TVG Texas I, LLC, Windsong Ranch Community
Association, Inc., and the Town of Prosper, Texas, related to the installation and maintenance
obligations of improvements consisting of landscaping, trees, root barriers, irrigation and/or
drainage facilities within the right-of-ways of the public roads in Windsong Ranch, Phase 2A and
Phase 3B.
ENGINEERING
Prosper is a place where everyone matters.
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Proposed Motion:
I move to authorize the Town Manager to execute a First Amendment to License Agreement
between TVG Texas I, LLC, Windsong Ranch Community Association, Inc., and the Town of
Prosper, Texas, related to the installation and maintenance obligations of improvements consisting
of landscaping, trees, root barriers, irrigation and/or drainage facilities within the right-of-ways of
the public roads in Windsong Ranch, Phase 2A and Phase 3B.
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C:\Users\dheischam\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4EL91ES0\FIRST AMENDMENT TO
LICENSE AGREEMENT.docx
FIRST AMENDMENT TO LICENSE AGREEMENT
THIS FIRST AMENDMENT TO LICENSE AGREEMENT (this “Amendment”)
is made as of the __ day of ______________ 2016, by and between the TOWN OF
PROSPER, TEXAS (the “Town”), TVG TEXAS I, LLC, a Texas limited liability
company (“Property Owner”) and WINDSONG RANCH COMMUNITY
ASSOCIATION, INC., a Texas non-profit corporation (the “Association”) hereinafter
collectively referred to as the “Parties,” for the purposes and consideration therein
expressed.
RECITALS
A. The Parties are parties to that certain License Agreement dated as of
November 10, 2014 (the “Agreement”) (all terms not defined herein shall have the
meaning set forth herein.
B. The Parties desire to amend the Agreement.
NOW, THEREFORE, the Town, Property Owner and the Association agree as
follows:
1. The term “Property” shall include Windsong Ranch Phase 2A, as described
in the plat thereof recorded as Document Number 2014-392, Plat Records of Denton
County, Texas, and Windsong Ranch Phase 3B, as described in the plat thereof recorded
as Document Number 2015-35, Plat Records of Denton County, Texas.
2. Exhibit “C” to the Agreement is amended by adding Exhibit C-Page 2, as
attached hereto.
3. Except as amended hereby, the Agreement is and shall remain in full force
and effect.
The rest of this page is left blank-signature and notary pages to follow.
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C:\Users\dheischam\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4EL91ES0\FIRST AMENDMENT TO
LICENSE AGREEMENT.docx
SIGNATURE PAGE FOR THE TOWN
TOWN:
THE TOWN OF PROSPER
By: _____________________________
Harlan Jefferson, Town Manager
STATE OF TEXAS §
§
COUNTY OF ___________ §
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared Harlan Jefferson, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purpose and consideration expressed, and in the capacity
therein stated.
Given under my hand and seal of office this _____ day of _______________,
2016.
______________________________________
Notary public in and for the State of Texas
My commission expires: ________________________
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C:\Users\dheischam\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4EL91ES0\FIRST AMENDMENT TO
LICENSE AGREEMENT.docx
SIGNATURE PAGE FOR PROPERTY OWNER
PROPERTY OWNER:
TVG TEXAS I, LLC, a Texas limited liability
company
By: BP-Terra Verde Investors, LLC, a
Delaware limited liability company, its
Sole Member
By: Terra Verde BP Manager, LLC, a
Delaware limited liability
company, its Managing Member
By: ________________________
D. Craig Martin, Manager
STATE OF TEXAS §
§
COUNTY OF ___________ §
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared D. Craig Martin, Manager of Terra Verde BP
Manager, LLC, a Delaware limited liability company, Managing Member of BP-Terra
Verde Investors, LLC, a Delaware limited liability company, the Sole Member of TVG
TEXAS I, LLC, a Texas limited liability company, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed
the same for the purpose and consideration expressed, and in the capacity therein stated.
Given under my hand and seal of office this _____ day of _______________,
2016.
______________________________________
Notary public in and for the State of Texas
My commission expires: ________________________
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C:\Users\dheischam\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\4EL91ES0\FIRST AMENDMENT TO
LICENSE AGREEMENT.docx
SIGNATURE PAGE FOR THE ASSOCIATION
THE ASSOCIATION:
WINDSONG RANCH COMMUNITY
ASSOCIATION, INC., a Texas non-profit
corporation
By: _________________________________
David R. Blom, President
STATE OF TEXAS §
§
COUNTY OF ___________ §
Before me, the undersigned authority, a notary public in and for the State of
Texas, on this day personally appeared David R. Blom, President of Windsong Ranch
Community Association, Inc., a Texas non-profit corporation, known to me to be the
person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purpose and consideration expressed, and in the
capacity therein stated.
Given under my hand and seal of office this _____ day of _______________,
2016.
______________________________________
Notary public in and for the State of Texas
My commission expires: ________________________
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POINT OF
BEGINNING
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-
To: Mayor and Town Council
From: Leslie Scott, Library Director
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 23, 2016
Agenda Item:
Consider and act upon a resolution authorizing the Town Manager to execute an application to
the Texas State Library and Archives Commission for the FY 2017 Impact Grant.
Description of Agenda Item:
The Texas State Library and Archives Commission (TSLAC) Impact Grant is offered each year
to encourage Texas libraries to create or expand their programs and services in innovative ways
that directly impact the lives of Texans. Impact Grants for Library Innovation and Improvement
focus on broad community needs for economic recovery, early childhood literacy, and electronic
access to information.
The Library’s goal is to obtain two Early Learning Stations through grant funding each year so
that there are four to move into the new Town Hall/Library. These stations offer touch screens
for the youngest of computer users and color-coded keyboards for the child beginning to
recognize letters and keyboard placement. The computers are aligned to STEM/STEAM,
Common Core, and bilingual Spanish education, as well as offering over 4,000 activities in a
safe and controlled (non-Internet) fun learning environment.
A one year’s TumbleBooks Library Deluxe subscription is also included in the grant application.
TumbleBooks is an online collection of animated talking picture books which teach children the
joy of reading from anywhere they may access their library account.
The grant application window will not open until February 18, 2016, and therefore a sample
grant application is attached at this time.
Budget Impact:
The requested amount from the FY 2017 Impact Grant is $6,453.00 for two Early Learning
Stations and one year’s subscription to TumbleBooks Library Deluxe. If awarded, an increase
in expense account of $6,453.00 in account 67-5220-10-00 will be offset by an increase of
$6,453.00 in estimated revenue in account 67-4560-10-00. The net effect on fund balance in
Fund 67 Special Revenue is -0-.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P. has approved the standard resolution as to form
and legality.
COMMUNITY
LIBRARY
+
Prosper is a place where everyone matters.
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Attached Documents:
1. Resolution
2. Sample TSLAC Grant Application
3. Photo of Early Learning Station
Town Staff Recommendation:
Town staff recommends that the Town Council consider and act upon a resolution authorizing
the Town Manager to execute an application to the Texas State Library and Archive
Commission for the FY 2017 Impact Grant.
Proposed Motion:
I move to approve a resolution authorizing the Town Manger to execute an application to the
Texas State Library and Archive Commission for the FY 2017 Impact Grant.
Item 4f
TOWN OF PROSPER, TEXAS RESOLUTION NO. 16-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, HEREBY AUTHORIZING THE TOWN MANAGER OF THE TOWN OF
PROSPER, TEXAS, TO EXECUTE AN APPLICATION TO THE TEXAS STATE
LIBRARY AND ARCHIVES COMMISSION FOR THE FY 2017 IMPACT
GRANT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
The Town Manager of the Town of Prosper, Texas, is hereby authorized to execute, on
behalf of the Town Council of the Town of Prosper, Texas, an application to Texas State Library
and Archives Commission for the FY 2017 Impact Grant.
SECTION 2
This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THIS THE 23rd DAY OF FEBRUARY, 2016.
_________________________
Ray Smith, Mayor
ATTEST:
___________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
___________________________
Terrence S. Welch, Town Attorney
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FY 2017 TSLAC SAMPLE COMPETITIVE GRANT APPLICATION RESPONSES
(Application opens 2/18/16)
PROGRAM ABSTRACT
The Prosper Community Library proposes to purchase two AWE Early Literacy Stations to enhance its
preschool programs, story time, and early literacy programs. The library intends to make these stations
available for public access use by children and their families. We also propose beginning a TumbleBooks
subscription, an interactive digital library where young children grades K-3 can explore picture books,
chapter books, graphic novels, math stories, and educational videos. This subscription will allow our
youngest of patrons the experience of digital literacy learning outside of the library. The library will
educate parents and children in person, during workshops, and in directional handouts on how to use
the AWE Early Literacy stations and how to access and utilize TumbleBooks. Workshops, directions,
demonstrations, and inclusion in children’s programs and events will all assist in educating the
community on how to utilize the new equipment and offerings.
AWE Early Literacy Stations offer touch screens for the youngest of computer users and child-sized
color-coded keyboards for the child beginning to recognize letters and keyboard placement. The
computers are aligned to STEM/STEAM, Common Core, and bilingual Spanish education, as well as
offering over 4,000 activities in a safe and controlled (non-Internet) fun learning environment.
A one-year TumbleBooks Library Deluxe subscription is also included in the grant application.
TumbleBooks is an online collection of animated talking picture books which teach children the joy of
reading from anywhere they may access their library account. Text is read to a child as it’s highlighted
for them to follow along. No check-out time or limits, no downloads, and unlimited access creates an
easy anytime literature offering. Spanish and French are also offered for both the ESL learner and first-
language readers.
APPLICANT INFORMATION — Applicants describe their library, their mission, strategic goals, and
their capacity to complete the project successfully.
Prosper Community Library is located 35 miles north of Dallas. Currently sharing space in the Prosper
Independent School District Reynolds Middle School, the community library has become a vibrant part
of the public in recent years. So much so in fact, town leadership passed a recommendation to create
space inside our new Town Hall facility to include the library. This will be the first time the community
library will cease sharing space with another school or library entity.
Prosper Community Library’s mission is to inform, encourage, engage and entertain citizens by providing
resources and services that respect individuals and ideas, inspire life-long learning, and build
community. The library upholds and supports the Library Bill of Rights.
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Our goals include serving the community, connecting the community with technology, utilize literacy
awareness, enriching lives, and increasing not only the physical collection, but also the collection
formats available. With our town’s rapidly growing diverse population from other cities, states, and
countries, it is important to continue to stay relevant in the beginning stages of literacy education.
One full-time director and one part-time Children's Librarian will facilitate this grant if selected.
Adequate space is currently available to set up an area for the Early Learning Stations, as well as owning
a child-sized table and chairs for immediate use. Many families in our community own cellular phones,
tablet devices, and computers, so we believe they will also immediately begin utilizing and enjoying the
TumbleBooks subscription in their homes or anywhere they may take their electronic devices. Library
laptops and iPads are available in the library for patrons to access the TumbleBooks as well.
COMMUNITY NEED/NEEDS ASSESSMENT — Describe why the program is needed, the
program goals and the audience. Describe the greater community to be served using demographic
statistics, library records, or surveys to support these statements.
This program is needed because we currently lack computers specifically for children to meet their
technology needs. We currently only offer laptop computers for use in the library. These laptops are not
child-friendly, are connected to the Internet, and do not offer any educational software for small
children. Parents and caregivers are typically uncomfortable allowing their children to borrow the laptop
computers for fear of damage and liability or their lack of having feature and software for small children.
Our goals include offering technology to children, creating an environment of literacy fun, offer another
avenue children are exposed to literacy education, begin building a computer literacy foundation for the
library, and provide a safe and secure technology based education for children inside and outside the
library.
Both AWE Early Literacy Stations and TumbleBooks are fun, engaging, and interactive ways for children
to develop computer skills and literacy advancement. Target audience is toddler to 4th grade. Because
both offerings have languages other than English, ESL learners or other users of all ages may benefit.
Prosper is considered a small town and community, but our population is increasing quickly. The Town
of Prosper was incorporated in 1914 with a commission form of government and a population of 500.
Surviving the war and the depression, the mechanization of farming provided the next big impact on
Prosper's population. In 1980, the introduction of light industry, combined with the growth of the
Metroplex, led to a comeback for Prosper. Today, Prosper is the home to 17,800 residents and more
than 300 businesses.
The Prosper Community Library service area is made up of 5,923 households, of which 5,275 single
family homes and 648 are multifamily homes. The library’s service area is concurrent with the Prosper
Independent School District, as well as residents of Denton and Collin counties.
The Prosper Community Library is chartered to serve the residents of Prosper, Collin County, Denton
County, as well as neighboring town and counties. The total holdings for the library are 10,452 items,
with additional electronic holdings of 14,617 eBook and 1,812 downloadable audiobooks. The library
counts 2,289 active cardholders and maintains a circulation of over 21,000 items per year. In 2015, the
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library counted an attendance of 15,367 library visits for the year. Due to the sharing of the school’s
facility, each week during the school year we offer children’s story time programs at a church, which is
highly attended. This allows us to continue to provide a library presence and early literature exposure to
families with small children when we are unable to open the library during school hours. In fiscal year
2015, the library offered 63 program sessions, with program attendance at 2,878. The library maintains
a staff of 2.5 full time equivalents. The library offers, in addition to print and electronic books,
audiobooks, music CDs, DVDs, newspapers, magazines, and TexShare databases. The library also offers a
subscription to Ancestry.com and ABC Mouse for use in the library.
Three years ago there were only two children’s programs offered at the library with approximately 60
total participants. Through a new library director’s determination and vision, the library now offers: a
high quality physical collection, databases, ILL, an interactive web site, social media presence, adult
programs, children’s programs, summer reading programs, new ILS, an annual book sale, long range
plan, quarterly goals, STEM/STEAM activities and items to checkout, community story time held at local
business, and much more.
PROJECT DESIGN/ACTIVITIES — Thoroughly describe the services, programs, and activities and
the locations where they will be offered. Explain how these services will attract shared library users.
Collaborative projects have priority and inclusion of relevant community organizations is encouraged.
Early Literacy Stations are designed specifically for children. Young minds learning styles vary greatly,
which these units are ideal for. Auditory, visual, tactile & kinesthetic learners will all have their specific
learning methods offered. These computers are designed specifically for the young child and features
over 4,000 localized learning activities. They are aligned to STEM/STEAM and correlated to Common
Core State Standards and state specific academic standards. The fun, interactive and engaging content
spans all seven curricular areas: math, science and nature, social studies and geography, reading, art and
music, writing and computer skills, and reference. Self-contained in their offerings, they only contain
safe content, so there is no Internet connection for web wondering. A touch screen allows for motor
skills and eye-hand coordination and the child-sized mouse also assists with learning mouse/computer
interaction. First keyboard experiences happen with colorful child-sized keys.
TumbleBooks describes their service as: “animated, talking picture books which teach kids the joy of
reading in a format they'll love. TumbleBooks are created by taking existing picture books, adding
animation, sound, music and narration to produce an electronic picture book which you can read, or
have read to you.” A subscription to TumbleBooks will allow our library patrons to access over 500 story
books and chapter books, puzzles, games, and videos. Books are also read in Spanish and French, which
will appeal to first-language learners as well as ESL learners. TumbleBooks is an excellent way to reach
our readers outside the library and to meet their evolving needs.
The Early Literacy Stations and TumbleBooks meet literacy needs for children both inside and outside
the library physically and virtually. They offer educational options during library hours and around the
clock. They both also offer educational tools besides just the words on the page, such as games, puzzles,
animation, languages other than English, and a way for caregivers to interact with their child’s literacy
development.
Item 4f
IMPACT — Describe the impact your project will have on library services and users locally, as well as
regionally, or statewide. This may include how the proposed project is a model program that would
benefit other communities.
We anticipate both the Early Literacy Stations and TumbleBooks will be utilized heavily. Prosper
Community Library does not charge for its library cards, nor are card holders required to have a Prosper
address, and therefore our ability to offer our services is not limited to just our small community. A
library card will only be required to access the TumbleBooks and the Early Learning Stations will be
available to anyone present in the library.
We will be able to track usage of both new offerings and assess their success closely. Intangible
outcomes are difficult to measure other than statics, as children’s learning is not measurable through
these offerings in an absolute way. Our ultimate goal is to see both new programs succeed to the point
where an expanded subscription is needed for Tumblebooks and additional Early Learning Stations are
needed to meet the demand for usage.
We believe these goals are both measurable and achievable. However, we anticipate other intangible
outcomes that are more difficult to measure. We also believe that this grant provides a model for other
libraries. The program will serve to raise awareness of the library in the community; it leverages funding
from private business and demonstrates the benefits of public/ private collaborations and partnerships.
With minimal expense any library could recreate this program in a suitable scale to match their
resources.
INNOVATION/IMPROVEMENT — Applicants describe how the project is innovative for their
community, or provide an explanation of how project will enhance/improve current programs and
services and its potential replicability as a best practice in the fields.
Currently, there are no designated children’s literacy stations or computers offered at the library. By
adding the Early Learning Stations, a learning hub will be created. This will begin a foundation to
cultivate 21st century skills to children from which we may continue to develop and increase units and
offerings. These additions will bring value to the library, expand services, match and support community
learning needs and demands, and offer a variety of learning tools to children and families both in and
outside the library.
According to Pew Research, the “public wants libraries to advance education, improve digital literacy
and serve key groups.” Statistics that support our need for this grant to assist with purchasing Early
Learning Stations and TumbleBooks include: “86% want libraries to offer free early literacy programs
and 78% want libraries to teach digital literacy.” (Pew Research Center, 2015)
Versatile technology and literacy outreach will improve our current children’s programs and services.
This grant would assist in providing the tools to meet strategic goals of literacy emersion, digital literacy,
and scholastic experiences, as well as a fun safe digital experience.
Item 4f
PERSONNEL — Applicants describe who is responsible for project activities and their qualifications to
perform these duties.
Part-Time Youth Services Librarian: New Hire April 2016: MLIS from accredited program or currently
enrolled in program. Will be responsible for Youth Services programs, activities, and collection
development. They will develop promotional materials, organize workshops, and carry out early literacy
training. 10 hours per week.
Library Director: 2003 graduate from the University of Illinois with an MLIS. Prepares and implements
library budget; Oversees management of day-to-day running of the library; Oversees all collection
development; Creates promotional and marketing materials in print, for website, and social media
outlets; Prepares and presents programs in the community and library, as well as collects, maintains,
compiles and prepares reports for Town Manager and Town Council; Orders, disseminates, and
prepared contracts for all materials, supplies, databases, and subscriptions; Initiates and maintains
professional contacts with schools, businesses, and organizations in the community.
Library Technicians: two part-time experienced library technicians will be responsible for day-to-day
supervision, training, and upkeep of Early Learning Stations. They will discuss TumbleBooks with new
and existing patrons, as well as offer technical assistance for this online offering.
TIMETABLE — Present a timetable for project activities within the fiscal year (i.e., a list of actions
with a date by which they will be accomplished); provide verification that facilities will be available,
equipment and materials delivered; and explain how the staff will be hired and trained in time to carry
out the services as planned.
October 2016
Begin contractual agreement with TumbleBooks
Process paperwork and financial arrangement for both TumbleBooks and AWE
Staff will train and utilize TumbleBooks before being offered to library card holders
Create information/directional fliers for Tumblebooks
November 2016-December 2016
Launch TumbleBooks
Begin marketing TumbleBooks on Library’s social media (Facebook and Instagram) and web site
An article will be published in the local newspaper promoting new service
Receive Early Learning Stations
Early Learning Stations will be set up in library staff area for staff training
Item 4f
Create signage, tutorial, and publicity for Early Learning Stations
Continue to promote Tumblebooks to new card applicants, program attendees, and general public
Monitor and assess Tumblebooks successful usage and any trends (both in usage and troubleshooting
December 2016 – January 2017
Set up Early Learning Stations in children’s area for public use
Promote and market Early Learning Stations on library’s social media (Facebook and Instagram) and web
site
An article will be published in the local newspaper promoting the new computers
Promote Early Learning Stations at events, during library tours, to new and existing card holders, and
general public
No new staff will be hired, but adequate time will be allowed for staff to be trained to use, troubleshoot,
and assist patrons with usage of both new services. The library director is also a staff writer for the
Prosper Press Newspaper, and therefore has the ability to promote library events and offerings in the
local paper.
EVALUATION — Set achievable, measurable outcomes and present a reasonable method to collect
data. Present a method to count users of the services, as well as the effectiveness of the service.
Applicants are encouraged to use the IMLS Outcomes Logic Model.
Outcome #1: The technology offerings will help meet literacy educational needs for youth library users.
The Early Literacy Stations will offer hands-on learning activities. The TumbleBooks promotes bringing
children’s literature into the 21st century through animated-talking books. As highlighted text is read to
the child, animation is happening as well to assist with learning.
Outcome #2: Patron usage of both resources will increase through time. Both AWE and TumbleBooks
offer mechanisms to receive statistical data by day, month, and year. Growth in usage should occur from
initial offering, through increased awareness, and then through growth in patron numbers.
Outcome #3: Although difficult to measure, patron satisfaction should be evident in usage. Library staff
inquiry and conversations will be utilized to receive feedback from both new users and repeat users.
An indicator to success will be observable through watching our young patrons, discussions with
caregivers, and through statistical data.
Item 4f
BUDGET
Budget Category Grant Funds Description Total Costs
Subscription $ 599.00 TumbleBooks
Library Deluxe
(K-3)
$599.00
Equipment
Supplies
Supplies
Supplies
$5,800.00
$40.00
$6.00
$8.00
2 AWE Early
Learning Stations
2 AWE
Headphones
2 Audio Y-Splitter
Cables
2 AWE Mouse
Pads
$5,800
$40.00
$6.00
$8.00
TOTAL
$6453.00
Item 4f
Item 4f
To: Mayor and Town Council
From: Alex Glushko, AICP, Senior Planner
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 23, 2016
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 Preliminary Site Plans and Site Plans acted on by the Planning & Zoning
Commission at the February 16, 2015, 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. Preliminary Site Plan for Prosper Plaza (Kroger)
2. Site Plan for Prosper United Methodist Church (Parking Lot)
3. Site Plan for Lakewood Amenity Center
4. Site Plan for Stone Creek Commercial (Building #5)
Town Staff Recommendation:
Town staff recommends that the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
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Page 1 of 1
To: Mayor and Town Council
From: Ronnie Tucker, Fire Chief
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 23, 2016
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Memorandum of
Understanding (MOU) between the Town of Little Elm, Texas, and the Town of Prosper, Texas,
related to the physical use and compensation of Prosper Fire Station No. 2, and providing for a
Facility Use Agreement and automatic assistance.
Description of Item:
This Memorandum of Understanding (MOU) is a non-binding agreement that sets forth the
general understanding of the parties to define the physical use and compensation of Prosper
Fire Station No. 2 by Little Elm for the purpose of facilitating automatic assistance.
Budget Impact :
Where Little Elm is the initial and primary Mobile Intensive Care Unit (MICU) in Proper’s fire
protection limits and in the Automatic Assistance area as defined in the MOU, Little Elm agrees
to pay Prosper the medical fees collected for services rendered. There will be a cost savings of
approximately $440,000 per year as Prosper will not have to hire staff to place the Medic in
service. This figure does not include Little Elm’s cost of a new Medic and equipment which will
be approximately $300,000.
Legal Review
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the MOU as to form and legality.
Attachments:
1. Memorandum of Understanding between Little Elm and Prosper
Town Staff Recommendation:
Town staff recommends the Town Council authorize the Town Manager to execute a
Memorandum of Understanding (MOU) between the Town of Little Elm, Texas, and the Town of
Prosper, Texas, related to the physical use and compensation of Prosper Fire Station No. 2,
and providing for a Facility Use Agreement and automatic assistance.
Proposed Motion:
I move to authorize the Town Manager to execute a Memorandum of Understanding (MOU)
between the Town of Little Elm, Texas, and the Town of Prosper, Texas, related to the physical
use and compensation of Prosper Fire Station No. 2, and providing for a Facility Use Agreement
and automatic assistance.
Prosper is a place where everyone matters.
FIRE
Item 6
Page 1 of 5
MEMORANDUM OF UNDERSTANDING
Providing for a Facility Use Agreement and Automatic Assistance
Between
The Little Elm and Prosper Fire Departments
The purpose of this Memorandum of Understanding (“MOU”) is to outline a Facilities
Use Agreement and the procedures of an Automatic Assistance response between the
Town of Little Elm Fire Department (LEFD), hereinafter referred to as “Little Elm” and
the Town of Prosper Fire Department (PFD), hereinafter referred to as “Prosper.”
This MOU is a non-binding agreement that sets forth the general understanding of the
parties to define the physical use and compensation of Prosper Fire Station No. 2 (PFD
Station 2) by Little Elm for the purposes of facilitating Automatic Assistance, as defined
herein.
This MOU is a guide for routine operations and is not intended to replace or adjust any
Mutual Aid Agreements currently in effect between Little Elm and Prosper.
I. Facility Use
This agreement is for the shared use of physical property owned, operated and maintained
by Prosper in exchange for a mobile unit and human resources, for automatic assistance,
and for financial compensation as defined herein.
Physical Location
The location of the shared facility known as Prosper Fire Station No. 2 is located at:
1140 S. Teel Parkway
Prosper, Texas 75078
Mobile Unit and Human Resources
Prosper will provide a Paramedic Engine with a minimum staffing of four personnel to be
housed 24 hours a day/7 days a week at PFD Station 2.
Little Elm will provide a MICU with a minimum staffing of two personnel to be housed
24 hours a day/7 days a week at PFD Station 2.
Compensation
Where Little Elm is the initial responding MICU to a call for service as defined in this
agreement, all medical billing will be processed by Little Elm.
Item 6
Page 2 of 5
Where Little Elm is the initial and primary MICU in Proper’s fire protection limits and in
the Automatic Assistance area as defined herein, Little Elm agrees to pay Prosper the
medical fees collected for services rendered in the area defined herein.
Where Little Elm is the initial and primary MICU in Little Elm’s fire protection limits
and in the Automatic Assistance are as defined herein, Little Elm will retain medical fees
collected for services rendered in the area defined herein.
Little Elm will provide payment payable to the Town of Prosper an amount equal to the
fees collected within 30 calendar days after receipt of the previous months medical
billing collection report for the fees collected as indicated above.
Fees collected for medical care on mutual aid responses to areas defined herein will be
collected and retained in full by the agency providing medical services.
II. Amount and Type of Assistance
This agreement is for the pre-planned exchange of fire, EMS, and other emergency
response services in specified response areas. Fire apparatus, MICU (medical), and
Special Operations (rescue) will respond to emergencies, if designated, in the agreed
upon response areas. Resources required in addition to an automatic aid response as
herein defined will be requested in accordance with standing mutual aid procedures.
III. Response Areas
Response areas will be determined by the mutual agreement of both Fire Chiefs and
periodically reviewed for continued Automatic Assistance coverage. It is specifically
recognized and agreed that adjustments to the listed areas may be made by agreement of
the Chiefs of Prosper and Little Elm as necessary to facilitate emergency response to any
portion of either Town .
Calls for Service in Little Elm District 3:
Little Elm will request Prosper to send one fire apparatus (if available) to each reported
call within the fire protection limits of Little Elm’s District 3.
Calls for Service in Prosper District 2:
Prosper will request Little Elm to send one MICU (if available) to any reported call
within the fire protection limits of the Town of Prosper District 2.
IV. Incident Command
The first arriving company at the emergency scene will assume Command in accordance
with NIMS and its Department’s incident management procedure. Upon arrival of an
Item 6
Page 3 of 5
officer from the department in whose corporate limit the emergency is occurring, the role
of Incident Commander will be systematically transferred to that officer as soon as
practical and appropriate.
Nothing in this agreement will preclude an officer operating in a Town not his/her own
from retaining or accepting the incident command role when mutually approved and
properly communicated by the highest ranking on-scene representatives from each
department.
V. Communications Procedures
Units responding to the automatic assistance requests will check enroute and operate on
the assigned incident channel of the primary jurisdiction. When responding as automatic
assistance, the unit providing assistance shall contact their dispatch to be placed on a call
in the receiving agencies jurisdiction.
VI. Limitations
If the agreed upon response from either department is not available or is temporarily
depleted, the assisting department will advise the requesting department and need not
respond. However, if a fill-in company is in quarters at a fire station that is part of this
Agreement, that company will respond.
VII. Training
Joint training exercises are to be conducted, as needed. The training exercises will be
coordinated and observed by the respective training staffs of the two departments for the
purpose of maintaining coordination in fire fighting procedures, emergency medical
procedures, dispatching, and communications.
VIII. Incident Reporting
The following guidelines will be followed for emergency incident reporting:
1. Where Little Elm MICU is the prior medical unit on a call for service requiring patient
contact/care, a patient report will be completed by Little Elm. If a secondary medical unit
is called, regardless of the agency, that unit will complete the appropriate patient care
report. A department EMS report will be completed by each agency providing patient
care which will document care given up to the point of patient transfer.
Example: Prosper E2 responds on a MVC call in Little Elm. Prosper E2 completes their
EMS report covering patient care until the patient is assumed by a Little Elm MICU. The
Little Elm MICU crew completes a Little Elm EMS report for care given from the time of
patient transfer forward.
Item 6
Page 4 of 5
2. A department NFIRS report will be completed for each incident by each agency
providing response to the scene.
Example: Prosper E1 and Little Elm Med 3 respond on a MVC in Little Elm. Prosper
E1 completes a Prosper NFIRS report and patient care report showing care until the
patient was turned over to Little Elm for transport; Little Elm Med 3 completes a Little
Elm NFIRS report and patient care report indicating care from receipt of patient until
final transportation is completed.
3. In those cases where a department receives automatic aid, the responding department
will complete an NFIRS report for their agency showing “Automatic Aid Given.” The
receiving department will create an NFIRS report showing “Automatic Aid Received.”
The necessary Incident Report Numbers will be exchanged by each responding agency
for reporting accuracy purposes.
IX. Revisions/Termination
This Memorandum of Understanding may be revised or amended in writing at any time
by mutual agreement of Little Elm and Prosper. The agreement is in effect for twenty-
four (24) months and can be terminated without cause upon 90 days advanced written
notice.
X. Correspondence
Any and all correspondence related to this MOU and the parties herein shall be directed
as follows:
When to Prosper:
Harlan Jefferson, Town Manager
Town of Prosper
P.O. Box 307
Prosper, Texas 75078
When to Little Elm:
Matt Mueller, Town Manager
Town of Little Elm
100 W. Eldorado Parkway
Little Elm, Texas 75068
Item 6
Page 5 of 5
IN WITNESS WEREOF, this Agreement is executed on this _____ day of
____________________, 2016, in duplicate originals.
TOWN OF LITTLE ELM, TEXAS TOWN OF PROSPER, TEXAS
_____________________________ _____________________________
Matt Mueller, Town Manager Harlan Jefferson, Town Manager
ATTEST: ATTEST:
_____________________________ _____________________________
Kathy Phillips, Town Secretary Robyn Battle, Town Secretary
Item 6
Page 1 of 2
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 23, 2016
Agenda Item:
Provide an update and project status regarding the development of a Regional Capacity,
Management, Operations, and Maintenance (CMOM) Program.
Description of Agenda Item:
Last year the Environmental Protection Agency (EPA) inspected the North Texas Municipal
Water District (NTMWD) and its Member and Customer Cities (Communities) regarding a
possible Clean Water Act enforcement action relating to their respective sanitary sewer
collection systems and sanitary sewer overflows. The Communities include Allen, Forney,
Frisco, Heath, McKinney, Mesquite, Plano, Princeton, Prosper, Richardson, Rockwall, and
Seagoville. At this time, no Communities have received EPA enforcement fines, but some have
received Administrative Orders requiring the completion of a CMOM Program. The Town of
Prosper received an Administrative Order (AO) on December 15, 2015. Based on the findings,
the Town is required to do the following:
a. Submit a list of corrective actions taken to address the Sanitary Sewer Overflows
(SSO) in 30 days. (Completed)
b. Within 120 days submit a detailed CMOM Program. (Being prepared)
c. Complete and submit a CMOM Program with corrective actions measures and
schedules to prevent SSOs in 365 days.
The NTMWD and all its Communities have been requested by the EPA to complete a CMOM
Program. In an effort to improve the wastewater collection capacity, management, operations,
and maintenance program of the respective regional systems, the North Texas Municipal Water
District (NTMWD) and its Communities have agreed to form a standardized CMOM. Just
recently, the NTMWD provided the Communities a model CMOM Program that will assist the
EPA in reviewing the programs and shows that the NTMWD Communities are committed to the
work ahead.
The model CMOM Program provided by the NTMWD to the Communities establishes the
following aspects of the NTMWD’s and Communities’ practices, assets, and programs:
o Emergency response and mitigation plan;
o Implementation of future staff requirements;
o Collection system cleaning program;
o Comprehensive Fats, Oils and Grease (FOG) Outreach Plan;
PUBLIC WORKS
Item 7
Page 2 of 2
o Condition assessment: Force mains, lift stations, manholes, gravity sewers, and service
laterals;
o Hydraulic modeling capacity assessment;
o Formalized operation and maintenance (O&M) training program including standard
operation procedures and classroom training;
o Point of entry and flow metering program;
o Maintenance management system; and
o Framework for identification and implementation of NTMWD and Community capital
project needs resulting from condition and capacity assessments.
Attached Documents:
1. Model Regional Collection System Capacity, Management, Operation and Maintenance
(CMOM) Program
Town Staff Recommendation:
Town staff requests feedback from the Town Council on the implementation of Capacity,
Management, Operation and Maintenance (CMOM) Program.
Proposed Motion:
No motion required.
Item 7
Regional Collection System
Capacity, Management, Operation, and
Maintenance (CMOM) Program
Model CMOM Plan
Prepared for
North Texas Municipal Water District and
Regional Wastewater Member Cities
February 2016
TBPE No. F-3699 TBPE No. F-6538
CH2M HILL Engineers, Inc. Pipeline Analysis
12750 Merit Drive, Suite 1100 1115 Main Street
Dallas, TX 75251 Garland, TX 75040
Released under the authority of
Mia Rhodes Welch, PE James H. Forbes, Jr., PE
Licensed Professional Engineer 96001 Licensed Professional Engineer 43529
Item 7
02-02-15 - VERSION 1 1
The CMOM Plan is a written description of the ongoing Capacity Management Operation and
Maintenance programs used to optimize collection system performance and minimize sanitary sewer
overflows. Following is a model of the CMOM Plan table of contents and descriptions of what could be
addressed in each section.
Section Description
1. CMOM Background
1.1 Introduction
This section of the CMOM Plan should provide sufficient background on the
community and information specific to the collection system including customers
served, system age, lift stations, length by pipe size, number of manholes, materials
of construction, etc.
1.2 CMOM Plan Version
If this is the first CMOM Plan designate it as Version 1, or date of last update.
1.3 City’s Mission and Purpose of the CMOM Programs
Summarize CMOM mission statement. Describe the objectives of the CMOM Plan
that may include items such as:
a. Ensures that communities have adequate wastewater collection capacity.
b. Improves the operation and performance of the municipal sanitary sewer
collection system.
c. Evaluates areas of excessive infiltration and/or inflow of precipitation or
groundwater into the system.
d. Conducts maintenance and repairs needed to prevent problems.
e. Reduces the frequency and occurrence of sewer overflows and backups into
residences.
f. Provides more effective public notification when overflows do occur.
g. Protects human health including drinking water
h. Protect infrastructure investment by properly maintaining the sewers to reduce
emergency repairs and extend the system life
1.4 Report Organization
Describe CMOM Plan Report contents, appendices, and process for updating.
1.5 CMOM Program Activities, Resources and Enhancements
Describe the various support programs that are integrated into the CMOM Plan.
Items may include GIS, Information Management System, Hydraulic Modeling,
standard specifications, Finance, etc.
1.6 Guidance Documents and Industry Standards
List documents and industry standards used in development of the CMOM such as:
USEPA Guide for Evaluating Capacity, Management, Operation and Maintenance
Programs for Sanitary Sewer Collection Systems; Office of Enforcement and
Compliance Assurance. EPA 305-B-05-002; January 2005.
Item 7
Section Description
02-02-15 - V1 2
2. Management Plan
2.1 Background
A Management Plan describes the approach that is used to implement your CMOM
Plan. The Management Plan consists of the following components:
a. Mission Statement and Program Goals
b. Organization
c. Management of Assets
d. Customer Service
e. Legal Authority
f. Fiscal
g. Data Management
h. Engineering Standard Design, Construction and Inspection
i. Training
j. Performance Measurements
2.2 CMOM Program Goals
The example CMOM goals outlined below are typical:
a. Comply with TCEQ regulations
b. Minimize the occurrence of problematic overflows
c. Improve or maintain system reliability
d. Maintain assets cost-effectively through a rehabilitation and replacement
program based on a risk-based condition assessment
e. Provide superior customer service
f. Reduce the potential threat to human health from sewer overflows
g. Ensure adequate capacity to convey peak flows
h. Manage infiltration/inflow
i. Protect safe workplace for workers and public
j. Provide a sustainable CMOM Program supported by adequate funding and
schedule
k. Maintain annual cleaning and inspection programs
l. Optimize collection system performance
2.3 Organizational Structure
Provide an organization chart and key staff positions that will responsible for
implementing, managing and updating the CMOM Plan.
2.4 Management of Assets
Describe the activities how those activities will be used to manage the collection
system assets.
a. Cleaning
b. Hot spot cleaning
c. Condition assessment
d. Capacity assessment
e. Flow monitoring
f. Smoke testing
g. Dye testing
Item 7
Section Description
02-02-15 - V1 3
h. CCTV
i. System rehabilitation
j. Others – i.e., lateral inspections, etc.
2.5 Customer Service
Describe activities that are used to inform customers of current and future projects
including use of website, door hangers, billing inserts, social media, etc. Describe
how customer calls are documented and any follow-up activities.
2.6 Legal Authority
Describe the legal authority to enforce local codes and ordinances including
prohibited discharges, FOG program, infiltration/inflow from private laterals, etc.
The Community should select and enforce the legal authority necessary to regulate
the volume of flow entering the collection system, including residential and
commercial customers, other satellite communities and industrial users. The legal
authority may take the form of sewer use ordinances, contracts, service
agreements, and other legally binding documents. This section should describe and
cite documentation and ordinances that provide legal authority to the Community
to enforce the various requirements when implementing the CMOM Plan.
2.7 Fiscal Programs
Reference current rate structure in an Appendix and frequency of review. Describe
budget process. The Community should describe the basis for sewer fees and verify
that the sewer rates are adequate to fund the operation and maintenance and
capital improvements in the collection system. The frequency of rate reviews and
the factors used in reviewing the adequacy of rates should be presented in this
section.
2.8 Data Management
Describe how work orders, SSO data, preventive maintenance, asset management,
inventory data is collected and stored. Detail the software system used and if data
is linked to GIS mapping applications. Describe how the data can be sorted and
retrieved for analysis and reporting.
2.9 Engineering Standard Design, Construction and Inspection
Describe if the Community has standard design drawings and specifications for use
by engineers to standardize collection system construction and rehabilitation.
Describe the process for design review/approval, construction inspection, as-built
plans, maps, hydraulic modeling, capacity assurance, new development reviews,
preliminary/final plans, etc.
2.10 Training and Safety Manual
Summarize the staff training required for each staff position. Describe the safety
training program and include safety manual in appendix along with associated
policy.
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Section Description
02-02-15 - V1 4
2.11 Performance Measures
Performance measures are used to measure and monitor the effectiveness of the
various CMOM elements. The following are typical performance measures for
consideration:
a. Number of Sanitary Sewer Overflows by quantity and cause
b. Number of repeat SSOs
c. FOG program – Number of citations
d. FOG program – Number of grease interceptor inspections and % of total
e. Inspect all sewers, manholes and lift stations on established cycle
f. Cleaning and condition assessment goals
g. Quantity rehabilitated or replaced (sewers and manholes)
h. Number of sewer pipeline emergency repairs by cause
i. Number of lift station/force main failures by cause
j. Ensure maintenance activities were performed
k. Prioritized list of sewers and manholes to rehabilitate
l. Number of customer complaints
m. Perform flow monitoring and assess capacity issues and I/I trends
n. Rehabilitate and replace sewers and manholes
o. Review compliance with Administrative Order
p. Review and document update to CMOM Plan annually
3. Operation and Maintenance Plan
3.1 Background
Summarize the various O&M programs that may include:
a. Pipeline CCTV Inspection
b. Inspection of Manholes
c. Code Compliance
d. Sewer Cleaning
e. Smoke Testing
f. Dye Water Flooding
g. Lateral Inspections
3.2 Pipeline CCTV Inspection
Summarize the CCTV Inspection program along with goals of unique segments and
revisited segments and footages to be inspected per year. Provide additional detail
in appendix if needed to describe the collection and use of the data in prioritizing
repairs.
3.3 Manhole Inspection
Summarize the Manhole Inspection program along with goals of number of unique
manholes to be inspected per year. Provide additional detail in appendix if needed
to describe the information collected and how the data is used to prioritize repairs.
3.4 Code Compliance
Describe how code/ordinance support prohibited discharges including wet weather
inflow on private property.
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Section Description
02-02-15 - V1 5
3.5 Sewer Cleaning Program
Describe sewer hot spot cleaning and system-wide cleaning programs. Detail how
specific line segments are added and deleted from the hot spot cleaning program
and how frequency of cleaning is determined.
3.6 Smoke Testing Program
Describe the use of smoke testing to locate wet weather inflow sources, how the
data is collected, managed and used to recommend repairs. Include goals for linear
feet of smoke testing to be accomplished.
3.7 Dye Water Flooding
Describe the use of dye water flooding to document illicit connections, tract flows or
pinpoint specific defects.
3.8 Lateral Inspections
Summarize the Lateral Inspection program along with goals of unique building
laterals and footages to be inspected per year. Provide additional detail in appendix
if needed to describe the collection and use of the data in prioritizing repairs,
particularly at the connection to mainline, or entire lateral depending on
Community’s vs. Homeowner’s responsibilities.
4. Capacity Plan
4.1 Background
Describe commitment to provide sufficient capacity by periodically evaluating the
system dry and wet weather capacity. If included in master planning effort, detail
where results can be found and date of last capacity study.
4.2 Capacity Constraints
Describe how hydraulic analysis is used to identify potential capacity constraints
within the collection system and how that analysis may lead to system upgrades and
CIP projects.
4.3 Flow and Rainfall Monitoring
Describe the process used to record and analyze actual flow and rainfall data for
hydraulic analysis, model calibration, wet weather infiltration and inflow, etc.
Include the frequency of flow and rainfall monitoring and if permanent flow meters
or rain gauges are utilized within the system.
4.4 Hydraulic Modeling
Describe the hydraulic modeling performed on the collection system, including if
Community-wide modeling has been performed, when last updated, how/if flow
and rainfall analysis results used to calibrate the model, specify assessment storm
event used for analysis, etc.
5. Sanitary Sewer Overflow Response Plan (SSORP)
5.1 Background
Describe the SSORP Program and reference the written plan in the Appendix.
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Section Description
02-02-15 - V1 6
6. Fats, Oils and Grease Plan
6.1 Background
Describe the FOG Program and reference the written plan in the Appendix.
7. Condition Assessment Plan
7.1 Background
Summarize the activities used to establish the condition of collection system assets,
including lift stations, if applicable. Include frequency of inspections and
documentation requirement. Reference SOPs if applicable.
7.2 Condition Assessment Key Elements
Summarize and describe the following:
a. Process and forms used to inspect gravity sewer pipelines and manholes
b. Process and forms used to inspect lift stations and force mains, including ARVs
c. How condition assessment data will be used to prioritized remedial measures
and estimate the cost and schedule for implementation and budgeting
requirements for meeting schedule
d. How condition assessment data will be used to determine the frequency of
future inspections
e. For lift stations, the process of preventive maintenance tasks, documentation,
process for scheduling necessary maintenance and repair activities, and
scheduling and addressing larger issues via engineering and CIP
7.3 Condition Assessment Remedial Measures Plan
Describe the development of recommendations to repair, replace, and rehabilitate
the assets based on the results of the condition assessment. Describe how
recommendations will be used in the O&M budgeting process, project definition,
and CIP development and implementation.
8. Communication and Reporting
8.1 Background
Describe how staff communicates with EPA, TCEQ, City Council and customers on a
regular basis.
8.2 Methods of Communication
Detail method used to communicate including website, social media, printed media,
etc.
8.3 CMOM Communication
Describe how CMOM related topics will be communicated to stakeholders and staff
through updates, performance indicators, annual reviews, etc.
8.4 Reporting Methods
Describe reporting requirements including those from the SSORP, FOG and TCEQ
SSO reporting. Reference appropriate appendix for example reporting forms, if
applicable.
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Section Description
02-02-15 - V1 7
9. CMOM Annual Review and Reporting
9.1 Annual Review and Reporting
Describe the following in an annual CMOM review:
a. Review the CMOM Plan Protocols and program elements for applicability and
relevance
b. Review CMOM budget and schedule vs. accomplishments to date, for adequacy
to meet recommendations
c. Monitor performance indicators and interpret results. Revise CMOM based on
annual review.
d. Determine if goals remain applicable, and modify as needed
e. Provide recommendations
f. Update the written CMOM Plan
g. Prepare summary report of annual review
List of Tables
1. Collection System Inventory by Pipe Size and Service Area
2. CMOM Program Goals
List of Figures
1. Wastewater Collection System Inventory by Pipe Size
2. Organization Chart
List of Possible Appendices providing additional detail
A. Sewer Cleaning
B. Condition Assessment
C. Capacity Assessment
D. Manhole Inspection
E. Smoke Testing
F. Dye Testing
G. Closed Circuit Television Inspection (CCTV)
H. Standard Operating Procedures (SOPs) and Policies
I. Performance Indicators and CMOM Self-audit Findings
J. Reporting Requirements
K. User Rates/Budget
L. Satellite Contract(s)
M. Sanitary Sewer Overflow Response Plan (SSORP)
N. FOG Program Manual
O. Safety Policy and Manual
P. Lateral Inspections
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Page 1 of 3
To: Mayor and Town Council
From: Frank E. Jaromin, P.E., Director of Public Works
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 23, 2016
Agenda Item:
Discussion on a proposed ordinance of the Town of Prosper amending Chapter 13, “UTILITIES” of
the Code of Ordinances of the Town of Prosper, Texas, by adding a new Article 13.11 “Fats, Oils
and Grease (FOG) Outreach Plan”; amending Appendix A “Fee Schedule” to the Code of
Ordinances of the Town of Prosper, Texas, by adding a new section XIX, “FOG Outreach and
Enforcement Fees”.
Description of Agenda Item:
After the 2015 Environmental Protection Agency (EPA) inspection, the Town of Prosper has been
working with North Texas Municipal Water District, Member and Customer Cities to develop a
Capacity, Management, Operation, and Maintenance (CMOM) Program in order to comply with the
demands made by the EPA. Under the CMOM Program, the Town is required to develop a written
FOG Program Manual and a FOG Public Outreach Program.
The purpose of the FOG Outreach Plan is to educate applicable customers on the importance of
keeping the Wastewater Lines void of FOG and the outcome when lines are clogged with fats, oils,
and greases. The Public Outreach Program will also include information on items that should not
be poured down the drain. The FOG Outreach Plan will provide guidelines on the installation,
cleaning, maintenance, and treatment of grease trap/interceptors.
New facilities, food processing or food service facilities which are newly proposed or constructed,
or existing facilities which will be expanded or renovated to include a food service facility, where
such facility did not previously exist, shall be required to design, install, operate and maintain a
grease trap/interceptor in accordance with the most current adopted Plumbing Code. Grease
traps/interceptors shall be installed and inspected prior to issuance of a Certificate of Occupancy,
and shall be sized using the Uniform Plumbing Code Formula found in Appendix B of this Plan,
with a minimum liquid capacity of 500 gallons. Existing facilities and existing grease
traps/interceptors must be operated and maintained in accordance with the manufacturer's
recommendations and in accordance with this plan, unless specified in writing and approved by the
Publicly Owned Treatment Works (POTW.)
Prosper is a place where everyone matters.
PUBLIC WORKS
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Page 2 of 3
Initially, the Public Works Department staff will inspect grease traps/interceptors monthly or bi-
monthly to insure compliance with the FOG Outreach Plan. Staff will work with the operators to
properly schedule, clean and maintain the grease traps/interceptors. Once staff and the private
operator establish a cleaning schedule, monthly or bi-monthly inspections can be revaluated. No
grease trap/interceptor shall go more than 90 days without cleaning.
Staff is also working with area municipalities to have one regional list of approved transporters.
This will enable the transporter to be inspected once by one municipality and not be required to be
inspected by each town or city.
Administrative Fees. Administrative fees for violations of the Town’s FOG Outreach Plan shall be
added to a wastewater account holder’s regular monthly Town utility bill, or billed to the generator,
as follows:
First Offense Certified letter with five (5) days to comply
Second Offense $1,000
Third Offense $1,500
Fourth Offense and Subsequent Offenses Increase of $500 with each violation
Unpaid assessed administrative fees related to violations of the FOG Outreach Plan shall incur late
payment penalties and may result in termination of services.”
The Town of Prosper is one of the first to complete the FOG program in the North Texas Municipal
Water District group. In discussions staff feels the administrative fees will be comparable to the
area.
Prior to implementation, the following outreach program will be conducted by staff to help educate
our water customers:
1) Staff will provide customers detailed information and direction to the Town’s website.
2) Meet with operators.
3) Post the restrictions in the weekly Resident Updates and on Social Media starting.
Contesting Violations: A customer may request a hearing before a hearing officer(s) appointed by
the Executive Director of Development and Community Services within fifteen (15) business days
after the date on the Notice. The hearing officer(s) shall evaluate all information offered by the
petitioner at the hearing. The customer shall bear the burden of proof to show why, by
preponderance of the evidence, the administrative fee should not be assessed. The hearing
officer(s) shall render a decision in writing within three (3) business days of the conclusion of the
hearing. A customer may appeal the decision from the hearing officer(s) in writing to the Executive
Director of Development and Community Services within three (3) business days from the receipt
of the written appeal. The decision by the Executive Director of Development and Community
Services is final and binding.
Budget Impact:
Costs associated with a new position and associated equipment needed could either be funded in
the current fiscal year through a budget amendment, or funded in next year’s fiscal budget 2016-
2017.
Current year 2016-2017 Budget
Salary & Benefits $ 27,820.33 $ 58,178.51
Office Equipment/Supplies $ 4,000.00 $ 6,500.00
Vehicle $ 20,000.00 $ 20,000.00
Total $ 51,820.33 $ 84,678.51
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Page 3 of 3
The anticipated cost for implementing the FOG Outreach Plan this fiscal year is $51,820 with an
estimated yearly cost of $64,679, as shown on the previous page. If the FOG Outreach Plan was
funded in the 2016-2017 Budget, it would be $84,679, with an estimated yearly cost of $64,679.
Attached Documents:
1. Fats, Oils and Grease (FOG) Outreach Plan
Town Staff Recommendation:
Town staff recommends that the Town Council provide feedback on the implementation of the
FOG Outreach Plan by proceeding with the creation of an ordinance adopting the program at a
future council meeting and submittal of a Decision Package in the 2016-2017 Budget for $84,679,
to fund the new position and associated equipment effective October 1, 2016.
Proposed Motion:
No motion required
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FOG OUTREACH PLAN
TOWN OF PROSPER
FEBRUARY 2016
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i
TABLE OF CONTENTS
1. APPLICABILITY AND PROHIBITIONS ............................................................................. ......1-1
2. DEFINITIONS ....................................................................................................................... 2-1
3. INSTALLATION AND MAINTENANCE REQUIREMENTS ....................................................... 3-1
3.1 Installations .................................................................................................................... 3-1
3.2 Cleaning and Maintenance ............................................................................................. 3-1
3.3 Self-Cleaning ................................................................................................................... 3-1
3.4 Cleaning Schedules ......................................................................................................... 3-3
3.5 Manifest Requirements .................................................................................................. 3-4
3.6 Alternative Treatment .................................................................................................... 3-5
4. SCHEDULE OF PENALTIES.................................................................................................4-1
APPENDICES
APPENDIX A Adoption of FOG Outreach Plan
Town of Prosper Ordinance Adopting Fats, Oils, and Grease (FOG)
Plan
APPENDIX B Grease Interceptor Sizing Worksheet
APPENDIX C Standard Sample Well Detail for Interceptors
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1. APPLICABILITY AND PROHIBITIONS
The measures included in this FOG (Fats, Oils, and Grease) Outreach Plan ("Plan") are intended to
provide non-domestic users of the Publicly Owned Treatment Works (POTW), standards, education and
guidelines for grease traps or grease interceptors to protect the public wastewater system for the Town
of Prosper.
This Plan shall apply to all non-domestic users of the Publicly Owned Treatment Works
(POTW), as defined in Section 2 of the Plan.
Grease traps or grease interceptors shall not be required for residential users.
Facilities generating fats, oils, or greases as a result of food manufacturing, processing,
preparation, or food service shall install, use, and maintain appropriate grease traps or
interceptors as required in Section 3 of the Plan. These facilities include but are not limited
to restaurants, food manufacturers, food processors, hospitals, hotels and motels, prisons,
nursing homes, and any other facility preparing, serving, or otherwise making any foodstuff
available for consumption.
No user may intentionally or unintentionally allow the direct or indirect discharge of any
petroleum oil, non-biodegradable cutting oil, mineral oil, or any fats, oils, or greases of
animal or vegetable origin into the POTW system in such amounts as to cause interference
with the collection and treatment system, or as to cause pollutants to pass through the
treatment works into the environment.
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2. DEFINITIONS
1. ACT means Federal Water Pollution Control Act, also known as the Clean Water Act, as
amended, 33 U.S.C. 1251, et. seq.
2. BOD means the value of the 5-day test for Biochemical Oxygen Demand, as described in the
latest edition of “Standard Methods for the Examination of Water & Wastewater.” The amount
must not be greater than 275 mg/L.
3. COD means the value of the test for Chemical Oxygen Demand, as described in the latest edition
of “Standard Methods for the Examination of Water & Wastewater.”
4. EPA means the United States Environmental Protection Agency.
5. FATS, OILS, AND GREASES (FOG) means organic polar compounds derived from animal and/or
plant sources that contain multiple carbon chain triglyceride molecules. These substances are
detectable and measurable using analytical test procedures established in 40 CFR 136, as may
be amended from time to time. All are sometimes referred to herein as "grease" or "greases."
6. GENERATOR means any person who owns or operates a grease trap/grease interceptor, or
whose act or process produces a grease trap waste.
7. GREASE TRAP or INTERCEPTOR means a device designed to use differences in specific gravities
to separate and retain light density liquids, waterborne fats, oils, and greases prior to the
wastewater entering the sanitary sewer collection system. These devices also serve to collect
settleable solids, generated by and from food preparation activities, prior to the water exiting
the trap and entering the sanitary sewer collection system. Grease traps and interceptors are
also referred to herein as "grease traps/interceptors.”
8. GREASE TRAP WASTE means material collected in and from an grease trap/interceptor in the
sanitary sewer service line of a commercial, institutional, or industrial food service or processing
establishment, including the solids resulting from de-watering processes.
9. INDIRECT DISCHARGE or DISCHARGE means the introduction of pollutants into a POTW from any
non-domestic source.
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10. INTERFERENCE means a discharge which alone or in conjunction with a discharge or discharges
from other sources inhibits or disrupts the POTW, its treatment processes or operations or its
sludge processes, use or disposal, or is a cause of a violation of the town's TPDES permit.
11. pH means the measure of the relative acidity or alkalinity of water and is defined as the negative
logarithm (base 10) of the hydrogen ion concentration. A pH of 6-9 is acceptable.
12. POTW or PUBLICLY OWNED TREATMENT WORKS means a treatment works which is owned by a
state or municipality as defined by section 502(4) of the Clean Water Act. This definition
includes any devices and systems used in the storage, treatment, recycling and reclamation of
municipal sewage or industrial wastes of a liquid nature. It also includes all sewers, pipes and
other conveyances that convey wastewater to a POTW Treatment Plant. The term also means
the municipality as defined in section 502(4) of the Act, which has jurisdiction over the indirect
discharges to and the discharges from such a treatment works. For purposes of this plan, the
terms “sanitary sewer system” and “POTW” may be used interchangeably.
13. TCEQ means the Texas Commission on Environmental Quality, and its predecessor and
successor agencies.
14. TRANSPORTER means a person who is registered with and authorized by the TCEQ to transport
sewage sludge, water treatment sludge, domestic septage, chemical toilet waste, grit trap
waste, or grease trap waste in accordance with 30 TEXAS ADMINISTRATIVE CODE §312.142.
15. TSS means the value of the test for Total Suspended Solids, as described in the latest edition of
“Standard Methods for the Examination of Water & Wastewater.” The amount must not be
greater than 300 mg/L.
16. USER means any person, including those located outside the jurisdictional limits of the town,
who contributes, causes or permits the contribution or discharge of wastewater into the POTW,
including persons who contribute such wastewater from mobile sources.
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3. INSTALLATION AND MAINTENANCE REQUIREMENTS
3.1 INSTALLATIONS
New Facilities. Food processing or food service facilities which are newly proposed or
constructed, or existing facilities which will be expanded or renovated to include a food
service facility, where such facility did not previously exist, shall be required to design,
install, operate and maintain a grease trap/interceptor in accordance with the most current
adopted Plumbing Code. Grease traps/interceptors shall be installed and inspected prior to
issuance of a Certificate of Occupancy, and shall be sized using the Uniform Plumbing Code
Formula found in Appendix B of this Plan, with a minimum liquid capacity of 500 gallons. All
newly installed grease traps/interceptors shall be installed outdoors. Sample well stations
will be required if the interceptor does not flow directly to a manhole for sampling. A
standard sample well detail for interceptors can be found in Appendix C of this Plan.
Existing Facilities. Existing grease traps/interceptors must be operated and maintained in
accordance with the manufacturer's recommendations and in accordance with this plan,
unless specified in writing and approved by the POTW.
All grease trap/interceptor waste shall be properly disposed of at a facility in accordance
with federal, state, or local regulation.
3.2 CLEANING AND MAINTENANCE
Grease traps and grease interceptors shall be maintained in an efficient operating condition
at all times.
Each grease trap pumped shall be fully evacuated unless the trap volume is greater than the
tank capacity on the vacuum truck in which case the transporter shall arrange for additional
transportation capacity so that the trap is fully evacuated within a 24-hour period, in
accordance with 30 TEXAS ADMINISTRATIVE CODE §312.143.
Records must be kept by the customer onsite for one year and must be made available upon
request.
3.3 SELF-CLEANING
Grease trap self-cleaning operators must receive approval from the POTW annually prior to
removing grease from their own grease trap(s) located inside a building, provided:
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o the grease trap is no more than fifty (50) gallons in liquid/operating capacity;
o proper on-site material disposal methods are implemented (e.g. absorb liquids
into solid form and dispose into trash);
o the local solid waste authority allows such practices;
o grease trap waste is placed in a leak proof, sealable container(s) located on the
premises and in an area for the transporter to pump-out; and
o detailed records on these activities are maintained.
Grease trap self-cleaning operators must submit a completed self-cleaning request to the
POTW for approval. The written request shall include the following information:
o Business name and street address;
o Grease trap/interceptor operator name, title, and phone number;
o Description of maintenance frequency, method of disposal, method of cleaning
and size (in gallons) of the grease trap/interceptor; and
o Signed statement that the operator will maintain records of waste disposal and
produce them for compliance inspections.
Self-cleaners must adhere to all the requirements; procedures and detailed record keeping
outlined in their approved application, to ensure compliance with the ordinance. A
maintenance log shall be kept by self-cleaning operators that indicates, at a minimum, the
following information:
o Date the grease trap/interceptor was serviced;
o Name of the person or company servicing the grease trap/interceptor;
o Waste disposal method used;
o Gallons of grease removed and disposed of;
o Waste oil added to grease trap/interceptor waste; and
o Signature of the operator after each cleaning that certifies that all grease was
removed, disposed of properly, grease trap/interceptor was thoroughly cleaned,
and that all parts were replaced and in operable condition.
Violations incurred by grease trap self-cleaners will be subject to enforcement action
including fines and/or removal from the self-cleaner program.
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3.4 CLEANING SCHEDULES
Grease traps and grease interceptors shall be cleaned as often as necessary to ensure that
sediment and floating materials do not accumulate to impair the efficiency of the grease
trap/interceptor; to ensure the discharge is in compliance with local discharge limits; and to
ensure no visible grease is observed in discharge.
The POTW has the ability to inspect and evaluate grease traps and grease interceptors at
any time.
Grease traps and grease interceptors subject to these standards shall be completely
evacuated a minimum of every ninety (90) days, or more frequently when:
o twenty-five (25) percent or more of the wetted height of the grease trap or
grease interceptor, as measured from the bottom of the device to the invert of
the outlet pipe, contains floating materials, sediment, oils or greases; or
o the discharge exceeds BOD, COD, TSS, FOG, pH, or other pollutant levels
established by the POTW; or
o if there is a history of non-compliance.
Any person who owns or operates a grease trap/interceptor may submit to the POTW a
request in writing for an exception to the ninety (90) day pumping frequency of their grease
trap/interceptor. The POTW may grant an extension for required cleaning frequency on a
case-by-case basis when:
o the grease trap/interceptor owner/operator has demonstrated the specific
trap/interceptor will produce an effluent, based on defensible analytical results,
in consistent compliance with established local discharge limits such as BOD,
TSS, FOG, or other parameters as determined by the POTW, or
o less than twenty-five (25) percent of the wetted height of the grease trap or
grease interceptor, as measured from the bottom of the device to the invert of
the outlet pipe, contains floating materials, sediment, oils or greases.
In any event, a grease trap and grease interceptor shall be fully evacuated, cleaned, and
inspected at least once every 180 days.
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3.5 MANIFEST REQUIREMENTS
Each pump-out of a grease trap or interceptor must be accompanied by a manifest to be
used for record keeping purposes.
Persons who generate, collect and transport grease waste shall maintain a record of each
individual collection and deposit. Such records shall be in the form of a manifest. The
manifest shall include:
o name, address, telephone, and commission registration number of transporter;
o name, signature, address, and phone number of the person who generated the
waste and the date collected;
o type and amount(s) of waste collected or transported;
o name and signature(s) of responsible person(s) collecting, transporting, and
depositing the waste;
o date and place where the waste was deposited;
o identification (permit or site registration number, location, and operator) of the
facility where the waste was deposited;
o name and signature of facility on-site representative acknowledging receipt of
the waste and the amount of waste received;
o the volume of the grease waste received;
o a consecutive numerical tracking number to assist transporters, waste
generators, and regulating authorities in tracking the volume of grease
transported; and,
o the percentage of the wetted height of the grease trap or grease interceptor, as
measured from the bottom of the device to the invert of the outlet pipe,
contains floating materials, sediment, oils or greases.
Manifests shall be divided into five parts and records shall be maintained as follows.
o One part of the manifest shall have the generator and transporter information
completed and be given to the generator at the time of waste pickup.
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o The remaining four parts of the manifest shall have all required information
completely filled out and signed by the appropriate party before distribution of
the manifest.
o One part of the manifest shall go to the receiving facility.
o One part shall go to the transporter, who shall retain a copy of all manifests
showing the collection and disposition of waste.
o One copy of the manifest shall be returned by the transporter to the person
who generated the wastes within 15 days after the waste is received at the
disposal or processing facility.
o One part of the manifest shall go to the local authority.
Copies of manifests returned to the waste generator shall be retained for five years and be
readily available for review by the POTW.
3.6 ALTERNATIVE TREATMENT
A person commits an offense if the person introduces, or causes, permits, or suffers the
introduction of any surfactant, solvent or emulsifier into a grease trap. Surfactants, solvents,
and emulsifiers are materials which allow the grease to pass from the trap into the
collection system, and include but are not limited to enzymes, soap, diesel, kerosene,
terpene, and other solvents.
It is an affirmative defense to an enforcement of Section 3.6.1 that the use of surfactants or
soaps is incidental to normal kitchen hygiene operations.
Bioremediation media may be used with the POTW’s approval if the person has proved to
the satisfaction of the POTW that laboratory testing which is appropriate for the type of
grease trap to be used has verified that:
o The media is a pure live bacterial product which is not inactivated by the use of
domestic or commercial disinfectants and detergents, strong alkalis, acids,
and/or water temperatures of 160F (71C).
o The use of the media does not reduce the buoyancy of the grease layer in the
grease trap and does not increase the potential for oil and grease to be
discharged to the sanitary sewer.
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o The use of the bioremediation media does not cause foaming in the sanitary
sewer.
o The BOD, COD, and TSS discharged to the sanitary sewer after use of the media
does not exceed the BOD, COD, and TSS which would be discharged if the
product were not being used and the grease trap was being properly
maintained. pH levels must be between 6 and 9.
o All testing designed to satisfy the criteria set forth in Section 3.6.3 shall be
scientifically sound and statistically valid. All tests to determine oil and grease,
TSS, BOD, COD, pH, and other pollutant levels shall use appropriate tests which
have been approved by the Environmental Protection Agency and the Texas
Commission on Environmental Quality and which are defined in Title 40, Code of
Federal Regulations, Part 136 or Title 30, TEXAS ADMINISTRATIVE CODE §319.11.
Testing shall be open to inspection by the POTW, and shall meet the POTW’s
approval.
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4. SCHEDULE OF PENALTIES
Administrative Fees. Administrative fees for violations of the Town’s FOG Outreach Plan
shall be added to a wastewater account holder’s regular monthly Town utility bill, or billed
to the generator, as follows:
o First Offense Certified letter with five (5) days to comply
o Second Offense $1,000
o Third Offense $1,500
o Fourth Offense and Subsequent Offenses Increase of $500 with each violation
Unpaid assessed administrative fees related to violations of the FOG Outreach Plan shall
incur late payment penalties and may result in termination of services.”
Contesting Violations: A customer may request a hearing before a hearing officer(s)
appointed by the Executive Director of Development and Community Services within fifteen
(15) business days after the date on the Notice. The hearing officer(s) shall evaluate all
information offered by the petitioner at the hearing. The customer shall bear the burden of
proof to show why, by preponderance of the evidence, the administrative fee should not be
assessed. The hearing officer(s) shall render a decision in writing within three (3) business
days of the conclusion of the hearing. A customer may appeal the decision from the hearing
officer(s) in writing to the Executive Director of Development and Community Services
within three (3) business days from the receipt of the written appeal. The decision by the
Executive Director of Development and Community Services is final and binding.
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