02.25.20 Town Council Regular Meeting PacketPage 1 of 280
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Discussion Items.
1.Coronavirus (COVID-19) Update. (BB)
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. Zoning-related Public Hearing
items on the Consent Agenda have received a unanimous recommendation for approval by
the Planning & Zoning Commission, and no written opposition was received prior to the
posting of this agenda. Those wishing to speak on a Public Hearing item on the Consent
Agenda should complete a “Public Meeting Appearance Card” and present it to the Town
Secretary prior to the meeting.
2.Consider and act upon the minutes from the February 11, 2020, Town Council
meeting. (RB)
3.Consider and act upon an ordinance repealing Article 1.06, “Records Management,”
of Chapter 1, “General Provisions,” of the Town’s Code of Ordinances and replacing it
with a new Article 1.06, “Records Management.” (RB)
4.Consider and act upon repealing Resolution No. 13-51 and replacing with a resolution
delegating authority to the Town’s Purchasing Manager to determine the best method
of procurement for the purchase of goods and services. (JC)
5.Consider and act upon a resolution supporting and authorizing a grant application to
the Office of the Governor for a FY 2020-2021 Justice Assistance Grant (JAG). (KB)
6.Consider and act upon an ordinance repealing existing Subsection (c) of Section
1.04.032, “Number of Members,” of Division 1, “Library Board,” of Article 1.04, “Boards,
Commissions and Committees,” of Chapter 1, “General Provisions,” of the Code of
Ordinances of the Town of Prosper, Texas, by removing a Prosper Independent
School District non-voting member from the Library Board. (LS)
7.Consider and act upon amendments to Section 1.05, “Meetings,” of the Library Board’s
Bylaws to (1) change the Board’s meetings to quarterly meetings, or as needed, and
(2) to provide for the duties of a Board Secretary. (LS)
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, February 25, 2020
5:45 PM
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8. Consider and act upon awarding CSP No. 2020-42-A to Zayo Group, LLC. as
proposed by Sandler Partners, an internet provider distributor, related to dedicated
fiber internet services at Town Hall, and authorizing the Town Manager to execute a
construction agreement for same. (LJ)
9. Consider and act upon approving an annual fixed-price agreement for the purchase of
Neptune water meters and related items, at the unit prices guaranteed, from Core &
Main, a sole source provider. (FJ)
10. Consider and act upon awarding CSP No. 2020-25-B to Pavecon Public Works, LP,
related to construction services for the Cook Lane Phase 2 Improvement project; and
authorizing the Town Manager to execute a construction agreement for same. (PA)
11. Consider and act upon authorizing the Town Manager to execute a Water Impact Fee
Reimbursement Agreement between 1385 & 380 Investments LP, Prosper 1385
Investments LP, and the Town of Prosper, Texas, related to the extension of water
lines to serve the Westside development. (HW)
12. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between 1385 & 380 Investments LP and Prosper 1385 Investments LP,
and the Town of Prosper, Texas, related to the Westside development. (AG)
13. Consider and act upon an ordinance rezoning 1.6± acres from Single Family-15 (SF-
15) to Planned Development-Downtown Office (PD-DTO), located on the north side of
Broadway Street, west of Craig Road. (Z19-0023). (AG)
14. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Dugan P. Kelley and Matthew Clarke, and the Town of Prosper,
Texas, related to the Downtown Office development, located at 603 E. Broadway
Street. (AG)
15. Consider and act upon an ordinance amending the Future Land Use Plan from Low
Density Residential to Tollway District, generally located on the north side of Prosper
Trail, west of Shawnee Trail. (CA19-0005). [Companion Case Z19-0024] (AG)
16. Consider and act upon an ordinance to rezone 3.4± acres from Agricultural (A) to
Office (O) and 5.6± acres from Agricultural (A) to Single Family-15 (SF-15), located on
the north side of Prosper Trail, west of Shawnee Trail. (Z19-0024). [Companion Case
CA19-0005] (AG)
17. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between The Carnegie Holding Company, LLC, and the Town of Prosper,
Texas, related to the CHC Prosper Trail Office development. (AG)
18. Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.4±
acres from Single Family-15 (SF-15) to Downtown Office (DTO), located on the north
side of Broadway Street, east of Parvin Street (511 E. Broadway Street). (Z20-0001).
(AG)
19. Consider and act upon authorizing the Town Manager to execute a Development
Agreement between Lifelong Properties, LLC, and the Town of Prosper, Texas, related
to a downtown office located on the north side of Broadway Street, east of Parvin
Street (511 E. Broadway Street). (AG)
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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, please fill out a “Public Meeting Appearance Card” and present
it to the Town Secretary, preferably before the meeting begins. Pursuant to Section 551.007 of
the Texas Government Code, individuals wishing to address the Council for items listed as public
hearings will be recognized when the public hearing is opened. For individuals wishing to speak
on a non-public hearing item, they may either address the Council during the Citizen Comments
portion of the meeting or when the item is considered by the Town Council
Items for Individual Consideration:
20. Conduct a Public Hearing, and consider and act upon a request for a Sign Waiver for
Gates of Prosper, Phase 2, located on the southwest corner of Preston Road and
Lovers Lane, generally to allow for signage consistent with the signage located in
Gates of Prosper, Phase 1. (MD20-0001). (AG)
21. Conduct a Public Hearing, and consider and act upon an ordinance amending Planned
Development-99 (PD-99), on 19.4± acres, located on the northwest corner of Mahard
Parkway and US 380, generally to allow for the rental of cargo trucks as an incidental
use at Longo Toyota. (Z20-0002). (AG)
22. Consider and act upon a resolution creating a Special Citizens Bond Advisory
Committee for the proposed 2020 bond election and establishing a charge for the
Committee; and the appointment of Committee members. (HJ)
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:
Section 551.087 – To discuss and consider economic development incentives.
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.
Section 551.071 - Consultation with the Town Attorney regarding legal issues
associated with the Town's sign ordinance, and all matters incident and related
thereto.
Section 551-074 - To discuss and consider personnel matters and all matters incident
and related thereto.
Section 551.074 - To discuss and review the Town Manager's performance
evaluation.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
26. Reynolds Middle School Parking. (HJ)
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Adjourn.
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted at Prosper
Town Hall, located at 250 W. First Street, Prosper, Texas 75078, a place convenient and readily
accessible to the general public at all times, and said Notice was posted by 5:00 p.m., on
Friday, February 21, 2020, and remained so posted at least 72 hours before said meeting was
convened.
_______________________________ _________________________
Robyn Battle, Town Secretary Date Notice Removed
Pursuant to Section 551.071 of the Texas Government Code, the Town Council reserves the right to consult
in closed session with its attorney and to receive legal advice regarding any item listed on this agenda.
NOTICE
Pursuant to Town of Prosper Ordinance No. 13-63, all speakers other than Town of Prosper staff are limited
to three (3) minutes per person, per item, which may be extended for an additional two (2) minutes with
approval of a majority vote of the Town Council.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council meetings are wheelchair
accessible. For special services or assistance, please contact the Town Secretary’s Office at (972) 569 -
1011 at least 48 hours prior to the meeting time.
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 5:46 p.m.
Council Members Present:
Mayor Ray Smith
Mayor Pro-Tem Curry Vogelsang, Jr.
Deputy Mayor Pro-Tem Jason Dixon
Councilmember Marcus E. Ray
Councilmember Craig Andres
Councilmember Meigs Miller
Councilmember Jeff Hodges
Staff Members Present:
Harlan Jefferson, Town Manager
Terry Welch, Town Attorney
Robyn Battle, Town Secretary/Public Information Officer
Chuck Springer, Executive Director of Administrative Services
Betty Pamplin, Finance Director
Hulon Webb, Engineering Services Director
Pete Anaya, Assistant Director of Engineering Services – Capital Projects
Dan Heischman, Assistant Director of Engineering Services - Development
John Webb, Development Services Director
Alex Glushko, Planning Manager
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Councilmember Miller led the invocation. The Pledge of Allegiance and the Pledge to the Texas
Flag were recited.
Announcements of recent and upcoming events.
The Town Council invites residents to participate The Mayor’s Fitness Challenge now through
April 15. Join fellow Prosper residents in the challenge to walk or run 100 miles, or bike 500 miles
in just over 100 days. To register, please visit the Parks and Recreation page on the Town
website.
The Make 380 Safe Task Force has scheduled a town hall meeting on Wednesday, February 12,
at 6:00 p.m. at Braswell High School. Representatives from Denton County, State Representative
Jared Patterson, and TxDOT will provide updates on what is coming for the 380 corridor as well
as present the task force’s achievements.
Minutes
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, February 11, 2020
5:45 PM
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Item 2.
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The Annual Prosper Fishing Derby will take place on Saturday, February 22, from 9:00-11:00 a.m.
at Frontier Park. The pond will be stocked, and no fishing license is necessary. Prizes will be
awarded in various categories to kids under the age of 14. More information is available on the
Town website.
The Town’s Water Conservation Division will host a DIY Drip Irrigation course on March 19 from
6:00-8:00 p.m. in the Town Hall Community Room. Residents can learn how to install, convert
and maintain a drip irrigation system. Registration for this free event is available on the Town
website.
The Town Council wished everyone a very Happy Valentine’s Day.
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.
1. Consider and act upon the minutes from the January 28, 2020, Town Council
meeting. (RB)
2. Consider and act upon the minutes from the January 31, 2020, Town Council
Strategic Planning Session. (RB)
3. Consider and act upon Ordinance No. 2020-07 ordering a General Election to be
held on May 2, 2020, 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)
4. Receive the December Financial Report. (BP)
5. Receive the Quarterly Investment Report. (BP)
6. Consider and act upon approving the renewal of insurance policies with Mutual
of Omaha for Group and Voluntary Life, Accidental Death and Dismemberment,
Short-term Disability, and Long-term Disability coverages for employees and
their eligible dependents. (CS)
7. Consider and act upon whether to direct staff to submit a written notice of
appeal on behalf of the Town Council to the Development Services Department,
pursuant to Chapter 4, Section 1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning
Ordinance, regarding action taken by the Planning & Zoning Commission on any
Site Plan or Preliminary Site Plan. (AG)
Councilmember Hodges made a motion and Councilmember Ray seconded the
motion to approve all items on the Consent Agenda. The motion was approved by a
vote of 7-0.
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 Tow n Secretary prior to the meeting.
There were no Citizen Comments.
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Item 2.
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REGULAR AGENDA:
If you wish to address the Council, please fill out a “Public Meeting Appearance Card” and
present it to the Town Secretary, preferably before the meeting begins. Pursuant to Section
551.007 of the Texas Government Code, individuals wishing to address the Council for
items listed as public hearings will be recognized when the public hearing is opened. For
individuals wishing to speak on a non-public hearing item, they may either address the
Council during the Citizen Comments portion of the meeting or when the item is
considered by the Town Council
Items for Individual Consideration:
8. Conduct a Public Hearing, and consider and act upon a request to amend the
Future Land Use Plan from Low Density Single Family to Tollway District,
generally located on the north side of Prosper Trail, west of Shawnee Trail.
(CA19-0005). [Companion Case Z19-0024] (AG)
9. Conduct a Public Hearing, and consider and act upon a request to rezone 3.4±
acres from Agricultural (A) to Office (O) and 5.6± acres from Agricultural (A) to
Single Family-15 (SF-15), located on the north side of Prosper Trail, west of
Shawnee Trail. (Z19-0024). [Companion Case CA19-0005] (AG)
Mayor Smith opened Items 8 and 9 concurrently.
Planning Manager Alex Glushko presented both items before the Town Council
concurrently. Town staff received a request to rezone 5.6± acres of the subject
property from Agricultural (A) to Single Family-15 (SF-15) and to rezone 3.4± acres
from Agricultural (A) to Office (O). While the request to rezone to residential is in
conformance with the Future Land Use Plan, the request to rezone to office is not in
conformance with the Future Land Use Plan. The proposed amendment extends a
narrow area of the Tollway District west of Shawnee Trail.
The purpose of the zoning request is to rezone the northern portion of the property to
Single Family-15 (SF-15), where an existing house is currently located, and to zone
the southern portion of the property to Office (O) District, to allow for an office
development in the future. The applicant has been advised of the standards necessary
for development. Matt Moore of Claymoore Engineering spoke on behalf of the
applicant, and confirmed that mutual access to the existing home on the northern
section of the property will remain. The current owner plans to sell the existing
residential portion of the property, while the acreage fronting Prosper Trail will be
developed for office uses.
Mayor Smith opened the Public Hearings for Items 8 and 9 concurrently.
With no one speaking, Mayor Smith closed the Public Hearings.
Mr. Glushko confirmed that while the property is within the Tollway District on the
Comprehensive Plan, the Office (O) zoning district governs development of the
property, including building height. Mr. Moore confirmed that while it is possible to
provide enough parking for a two-story building on the property, he is only planning to
develop a one-story building at this time.
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Item 2.
Page 4 of 5
After discussion, Councilmember Ray made a motion and Councilmember Hodges
seconded the motion to approve the request to amend the Future Land Use Plan from
Low Density Single Family to Tollway District, generally located on the north side of
Prosper Trail, west of Shawnee Trail. The motion was approved by a vote of 7-0.
Councilmember Miller made a motion and Councilmember Andres seconded the
motion to approve the request to rezone 3.4± acres from Agricultural (A) to Office (O)
and 5.6± acres from Agricultural (A) to Single Family-15 (SF-15), located on the north
side of Prosper Trail, west of Shawnee Trail, subject to approval of a Development
Agreement regarding architecture and building materials. The motion was approved
by a vote of 7-0.
10. Consider and act upon a request to waive the Town’s Drainage System Design
Requirements for a wet or underground detention pond for the regional pond on
the original Worldwide Rock tract for the All Storage development. (DH)
Dan Heischman, Assistant Director of Engineering Services – Development,
presented this item before the Town Council. On August 14, 2018, the Town Council
approved a waiver from the wet detention pond requirement for the Worldwide Rock
development. The proposed pond would be behind a screening wall and include
evergreen screening to block the pond from being visible from public right-of-way.
The Worldwide Rock development is not proceeding at this time; however, an
agreement to provide regional detention still exists between the Worldwide Rock
development and the All Storage development to the south. The applicant for All
Storage is requesting to amend the waiver request to provide evergreen screening in
lieu of the original screening wall plan proposed with the Worldwide Rock
development. Matt Moore with Claymoore Engineering, representing the applicant,
spoke in favor of the request, stating that he believes the request is appropriate for the
property, since it is zoned for industrial/commercial uses.
After discussion, Councilmember Andres made a motion and Councilmember Hodges
seconded the motion to approve the request to allow a dry detention pond to serve the
Worldwide Rock tract for the All Storage development, with six-foot shrubbing at the
time of planting, along the north and west sides of the easement, as depicted in the
exhibit. The motion was approved by a vote of 7-0.
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:
Section 551.087 – To discuss and consider economic development incentives.
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.
Section 551.074 – To discuss and consider personnel matters and all matters
incident and related thereto.
Section 551.074 – To discuss and review the Town Manager’s performance
evaluation.
The Town Council recessed into Executive Session at 6:37 p.m.
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Item 2.
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Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened the Regular Session at 10:03 p.m.
Councilmember Miller made a motion and Councilmember Hodges seconded the motion to
authorize the Town Manager to execute the following:
1. Second Amendment to Economic Development Incentive Agreement with Northeast 423/380
Limited and Northwest 423/380 LP.
2. Second Amendment to Economic Development Incentive Agreement with the Prosper
Economic Development Corporation, Home Depot USA, Inc., and Northeast 423/380 Limited.
The motion was approved by a vote of 7-0.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
The Council directed staff to provide an update on the local response to the Coronavirus at the
next Council meeting.
Adjourn.
The meeting was adjourned at 10:06 p.m. on Tuesday, February 11, 2020.
These minutes approved on the 25th day of February 2020.
APPROVED:
Ray Smith, Mayor
ATTEST:
Robyn Battle, Town Secretary
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Item 2.
Page 1 of 2
To: Mayor and Town Council
From: Robyn Battle, Town Secretary/PIO
Through: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon an ordinance repealing Article 1.06, “Records Management,” of Chapter
1, “General Provisions,” of the Town’s Code of Ordinances and replacing it with a new Article 1.06,
“Records Management.”
Description of Agenda Item:
The current Article 1.06 of the Town’s Code of Ordinances regarding Records Management was
last updated in June 2005. The proposed ordinance updates Article 1.06 of the Code of
Ordinances. It is intended to simplify the language within the Code, and remove details that are
better suited to the Town’s Administrative Regulations. The proposed ordinance ensures
compliance with state regulations and establishes the authority and roles within the Town
necessary to implement a records management program.
The accompanying document, Chapter 20 of the Town’s Administrative Regulations, is intended
to complement the proposed ordinance by providing detailed policies and procedures for staff
regarding ongoing records management practices. Many of the details previously contained in
the Code of Ordinances are now located within the Administrative Regulations. While the
ordinance ensures compliance with state regulations for municipal records management
programs, Chapter 20 of the Administrative Regulations provides operational guidance for staff,
and memorializes the current records management practices of the Town. Upon approval of the
proposed ordinance, Chapter 20 of the Town’s Administrative Regulations will be submitted to the
Town Manager for approval.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and legality.
Attached Documents:
1. Ordinance
2. Current Article 1.06 - Redline Version
3. Chapter 20 – Administrative Regulations
Prosper is a place where everyone matters.
TOWN
SECRETARY
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Item 3.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance repealing Article 1.06, “Records
Management,” of Chapter 1, “General Provisions,” of the Town’s Code of Ordinances and
replacing it with a new Article 1.06, “Records Management.”
Proposed Motion:
I move to approve an ordinance repealing Article 1.06, “Records Management,” of Chapter 1,
“General Provisions,” of the Town’s Code of Ordinances and replacing it with a new Article 1.06,
“Records Management.”
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Item 3.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING ARTICLE 1.06, “RECORDS MANAGEMENT,” OF
CHAPTER 1, “GENERAL PROVISIONS,” OF THE TOWN’S CODE OF
ORDINANCES AND REPLACING IT WITH A NEW ARTICLE 1.06, “RECORDS
MANAGEMENT”; PROVIDING FOR REPEALING, SAVINGS, AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Title 6, Subtitle C, of the Local Government Code (Local Government
Records Act) provides that a municipality must establish by ordinance an active and continuing
records management program to be administered by a Records Management Officer; and
WHEREAS, the Town Council of the Town of Prosper, Texas, (“Town Council”) desires to
adopt updated records management policies and procedures consistent with the Local
Government Records Act; and
WHEREAS, the Town Council hereby finds and determines that it will be advantageous,
beneficial, and in the best interests of the citizens of the Town to revise the Town’s records
management policies and procedures, as hereinafter referenced.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Article 1.06, “Records
Management,” of Chapter 1, “General Provisions,” to the Town’s Code of Ordinances is hereby
amended by repealing existing Article 1.06 “Records Management,” and replacing it with a new
Article 1.06, “Records Management,” to read as follows:
“ARTICLE 1.06 RECORDS MANAGEMENT
Sec. 1.06.001 Definitions
Department head - the officer who by ordinance or administrative policy is in charge of an office
of the Town that creates or receives records.
Permanent record - any record of the Town for which the retention period on a records control
schedule is given as permanent.
Record retention schedule - a document prepared by or under the authority of the Records
Management Officer listing the records maintained by the Town, their retention periods, and other
records disposition information that the records management program may require.
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Item 3.
Ordinance No. 2020-__ Page 2
Records management - the application of management techniques to the creation, use,
maintenance, retention, preservation, and disposal of records for the purposes of reducing the
costs and improving the efficiency of recordkeeping. The term includes the development of
records control schedules, the management of filing and information retrieval systems, the
protection of vital and permanent records, the economical and space-effective storage of inactive
records, control over the creation and distribution of forms, reports, and correspondence, and the
management of micrographics and electronic and other records storage systems.
Records management officer - the person designated in Section 1.06.005 of this ordinance.
Records management plan - the plan developed under Section 1.06.006 of this ordinance.
Retention period - the minimum time that must pass after the creation, recording, or receipt of a
record, or the fulfillment of certain actions associated with a record, before it is eligible for
destruction.
Town record - any document, paper, letter, book, map, photograph, sound or video recording,
microfilm, magnetic tape, electronic media, or other information-recording media, regardless of
physical form or characteristic and regardless of whether public access to it is open or restricted
under the laws of the state, created or received by the Town or any of its officers or employees
pursuant to law, including an ordinance, or in the transaction of public business is hereby declared
to be a record of the Town, and such record shall be created, maintained, and disposed of in
accordance with provisions of this article and procedures authorized by it.
Vital record - any record of the Town necessary to the resumption or continuation of its operations
in an emergency or disaster, to the re-creation of its legal and financial status, or to the protection
and fulfillment of obligations to the people of the state.
Sec. 1.06.002 Town records declared public property
All Town records as defined in this ordinance are hereby declared to be property of the Town. No
Town official or employee has, by virtue of his/her position, any personal or property right to such
records even though he or she may have developed or compiled them. The unauthorized
destruction, removal from files, or use of such records is prohibited.
Sec. 1.06.003 Policy
It is hereby declared to be the policy of the Town to provide for a records management program
that will provide efficient, economical, and effective controls over the creation, distribution,
organization, maintenance, use, and disposition of all Town records through a comprehensive
system of integrated procedures for the management of records from their creation to their
ultimate disposition, consistent with the requirements of the Texas Local Government Records
Act and accepted records management practices.
Sec. 1.06.004 Adoption of records retention schedules
The Texas State Library and Archives Commission Local Government Retention Schedules, as
they exist or may be amended, are hereby adopted as the records retention schedules of the
Town. All records of the Town shall be maintained and kept in accordance with this article and
the adopted records retention schedules.
Sec. 1.06.005 Designation of Records Management Officer
The Town Secretary, and the successive holders of said office, or his/her designee, shall serve
as Records Management Officer for the Town. As provided by state law, each successive holder
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Item 3.
Ordinance No. 2020-__ Page 3
of the office shall file his/her name with the director and librarian of the Texas State Library within
thirty days of the initial designation, or of taking up the office, as applicable.
Sec. 1.06.006 Records Management Plan to be Developed; Approval of Plan; Authority
of Plan
(a) The Records Management Officer shall develop and implement a Records Management
Plan for the Town for approval by the Town Manager. The plan must contain
administrative policies and procedures designed to reduce the costs and improve the
efficiency of recordkeeping, to adequately protect the vital records of the Town, and to
properly preserve those records of the Town that are of historical value. The plan must
be designed to enable the Records Management Officer to carry out his/her duties
prescribed by state law and this ordinance effectively.
(b) Once approved by the Town Manager, the Records Management Plan shall be binding on
all offices, departments, divisions, programs, commissions, boards, commissions,
committees, or similar entities of the Town, and records shall be created, maintained,
stored, scanned, or disposed of in accordance with the plan.
Sec. 1.06.007 Duties of Records Management Officer
In addition to other duties assigned in this ordinance, the Records Management Officer shall have
the following duties:
(a) Administer the Records Management Plan and provide assistance to department heads
in its implementation.
(b) Plan, formulate, and prescribe basic records management and records disposition
policies, systems, standards, and procedures.
(c) In cooperation with Town officials and department heads, identify vital and permanent
records and establish a disaster plan for each Town office and department to ensure
maximum availability of records for reestablishing operations quickly and with minimum
disruption and expense.
(d) Develop procedures to ensure the permanent preservation of the historically valuable
records of the Town.
(e) Monitor records retention schedules and administrative rules issued by the Texas State
Library and Archives Commission to determine if the records management program is in
compliance with state regulations.
(f) Disseminate to Town officials and department heads information concerning state laws
and administrative rules relating to local government records.
(g) Ensure that the maintenance, preservation, destruction, or other disposition of the records
of the Town are carried out in accordance with the policies and procedures of the records
management program and the requirements of state law.
(h) Maintain records on the volume of records destroyed under approved record retention
schedules.
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Item 3.
Ordinance No. 2020-__ Page 4
Sec. 1.06.008 Duties of Town officials and Department Heads
a) Cooperate with the Records Management Officer in carrying out the policies and procedures
established by the Town for the efficient and economical management of records and in
carrying out the requirements of this article;
b) Adequately document the transaction of government business and the services, programs,
and duties for which the department head and his/her staff are responsible;
c) Maintain the records in his/her care and carry out their preservation, destruction, or other
disposition of records only in accordance with the policies and procedures of the Records
Management Plan of the Town and the requirements of this article.
d) Designate at least one qualified staff member in his/her Department to serve as Records
Liaison Officer for the implementation of this article and other applicable Town policies.
Sec. 1.06.009 Public access to records
All requests received for records, and any fees or charges made therefor (including fees for
research and all other fees authorized by state law), shall be handled by the Town Secretary or
his/her designee in accordance with the Texas Public Information Act, Chapter 552 of the Texas
Government Code, as it exists or may be amended. Any fees shall be collected by the Town
Secretary, or his/her designee, prior to or upon the distribution of said records to members of the
public.
Sec. 1.06.010 Destruction of Records Under Record Retention Schedules
A record whose retention period has expired on a record retention schedule shall be destroyed
unless an open records request is pending on the record, the subject matter of the record is
pertinent to a pending law suit, or the department head requests in writing to the Records
Management Officer that the record be retained for an additional period.”
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
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Item 3.
Ordinance No. 2020-__ Page 5
SECTION 5
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY 2020.
APPROVED:
________________________________
Ray Smith, Mayor
ATTEST:
___________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Terrence S. Welch, Town Attorney
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Item 3.
ARTICLE 1.06 RECORDS MANAGEMENT
Sec. 1.06.001 Definitions of town records
Department head - the officer who by ordinance or administrative policy is in charge of an office of the Town that creates
or receives records.
Permanent record - any record of the Town for which the retention period on a records control schedule is given as
permanent.
Record retention schedule - a document prepared by or under the authority of the Records Management Officer listing
the records maintained by the Town, their retention periods, and other records disposition information that the records
management program may require.
Records management - the application of management techniques to the creation, use, maintenance, retention,
preservation, and disposal of records for the purposes of reducing the costs and improving the efficiency of
recordkeeping. The term includes the development of records control schedules, the management of filing and
information retrieval systems, the protection of vital and permanent records, the economical and space-effective storage
of inactive records, control over the creation and distribution of forms, reports, and correspondence, and the management
of micrographics and electronic and other records storage systems.
Records management officer - the person designated in Section 1.06.005 of this ordinance.
Records management plan - the plan developed under Section 1.06.006 of this ordinance.
Retention period - the minimum time that must pass after the creation, recording, or receipt of a record, or the fulfillment
of certain actions associated with a record, before it is eligible for destruction.
Town record - any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape,
electronic media, or other information-recording media, regardless of physical form or characteristic and regardless of
whether public access to it is open or restricted under the laws of the state, created or received by the Town or any of its
officers or employees pursuant to law, including an ordinance, or in the transaction of public business is hereby declared
to be a record of the Town, and such record shall be created, maintained, and disposed of in accordance with provisions
of this article and procedures authorized by it.
Vital record - any record of the Town necessary to the resumption or continuation of its operations in an emergency or
disaster, to the re-creation of its legal and financial status, or to the protection and fulfillment of obligations to the people
of the state.
Any document, paper, letter, book, map, photograph, sound or video recording, microfilm, magnetic tape, electronic
medium, or other information recording medium, regardless of physical form or characteristic and regardless of
whether public access to it is open or restricted under the laws of the state, created or received by the town or any of its
officers or employees pursuant to law, including an ordinance, or in the transaction of public business is hereby
declared to be a record of the town, and such record shall be created, maintained, and disposed of in accordance with
provisions of this article and procedures authorized by it. The term “town record” does not include:
(1)Extra identical copies of documents created only for convenience of reference or research by officers
or employees of the town;
CHAPTER 1 GENERAL PROVISIONS
ARTICLE 1.06 RECORDS MANAGEMENT*
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(2) Notes, journals, diaries, and similar documents created by an officer or employee of the town for the
officer’s or employee’s personal convenience;
(3) Blank forms;
(4) Stocks of publications;
(5) Library and museum materials acquired solely for the purposes of reference or display;
(6) Copies of documents in any media furnished to members of the public to which they are entitled
under chapter 552, Government Code, or other state law; or
(7) Any records, correspondence, notes, memoranda, or documents, other than a final written agreement
described by section 2009.054(c), Government Code, associated with a matter conducted under an alternative
dispute resolution procedure in which personnel of a state department or institution, local government,
special district, or other political subdivision of the state participated as a party, facilitated as an impartial
third party, or facilitated as the administrator of a dispute resolution system or organization.
(Ordinance adopting Code)
Sec. 1.06.002 Town records declared public property
All records as defined in this ordinance are hereby declared to be property of the town. No town official or employee has, by
virtue of his/
ARTICLE 1.06 RECORDS MANAGEMENT*
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or her position, any personal or property right to such records even though he or she may have developed or compiled
them. The unauthorized destruction, removal from files, or use of such records is prohibited. (Ordinance 05-47, sec.
4, adopted 6/14/05)
Sec. 1.06.003 Policy
It is hereby declared to be the policy of the town to provide for a records management program that will provide
efficient, economical, and effective controls over creation, distribution, organization, maintenance, use, and disposition
of all Town records through a comprehensive system of integrated procedures for the management of records from
their creation to their ultimate disposition, consistent with the requirements of the Texas Local Government Records
Act and accepted records management practices. (Ordinance 05-47, sec. 5, adopted 6/14/05)
Sec. 1.06.004 Adoption of records retention schedules; adoption of policies
The Texas Sstate lLibrary and aArchives cCommission Local Government records rRetention sSchedules for local
governments, as they exist or may be amended, are hereby adopted as the records retention schedules of the town. The
town secretary, or his/her designee, is hereby authorized to adopt any policies necessary to aid in complying with this
article and the records retention schedules. All records of the town shall be maintained and kept in accordance with this
article, and the adopted records retention schedules. and said policies. (Ordinance 05-47, sec. 6, adopted 6/14/05)
Sec. 1.06.005 Duties of town secretary Designation of Records Management Officer
The Town Secretary, and the successive holders of said office, or his/her designee, shall serve as Records Management
Officer for the Town. As provided by state law, each successive holder of the office shall file his/her name with the
director and librarian of the Texas State Library within thirty days of the initial designation, or of taking up the office, as
applicable.
The town secretary, or his/her designee, shall have the following duties:
(1)Planning, formulating, and prescribing basic files management and records disposition policies,
systems, standards, and procedures.
(2)Identifying vital and permanent records, and providing the records retention schedules for all records
to each town department. Retention periods may be altered, but shall be no shorter than the time set forth in
the records retention schedule, if deemed necessary by either the town administrator, the town attorney, or
the town secretary.
(3)Reviewing this article and related policies annually and update or change as needed.
(4)Coordinating the town-wide files management and records disposition programs and evaluating
ARTICLE 1.06 RECORDS MANAGEMENT*
ARTICLE 1.06 RECORDS MANAGEMENT*
ARTICLE 1.06 RECORDS MANAGEMENT*
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program effectiveness in an annual report to the town administrator.
(5) Providing records management advice and assistance to all town offices and departments,
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by preparation of manuals of procedures and policies and by on-site consultation, as needed.
(6)Developing, analyzing, and coordinating files maintenance and records disposition procedures,
including but not limited to those prescribed by this article, to meet the current and long-term information
needs of the town.
(7)Carry out at the proper time actions such as microfilming, destruction and/or transfers that are required
by the records retention schedule.
(8)Establish and monitor compliance with standards for filing and storage equipment and supplies in
all town offices and departments, and report to the town administrator failure of any office or department to
comply with standards.
(9)Develop a town-wide forms design and control system.
(10)Establish in cooperation with other responsible town officials a disaster plan for each town office
and department to ensure maximum availability of records for reestablishing operations quickly and with
minimum disruption and expense.
(Ordinance 05-47, sec. 7, adopted 6/14/05)
Sec. 1.06.006 Records Management Plan to be Developed; Approval of Plan; Authority of Plan
(a)The Records Management Officer shall develop and implement a Records Management Plan for the
Town for approval by the Town Manager. The plan must contain administrative policies and
procedures designed to reduce the costs and improve the efficiency of recordkeeping, to adequately
protect the vital records of the Town, and to properly preserve those records of the Town that are of
historical value. The plan must be designed to enable the Records Management Officer to carry out
his/her duties prescribed by state law and this ordinance effectively.
(b)Once approved by the Town Manager, the Records Management Plan shall be binding on all offices,
departments, divisions, programs, commissions, boards, commissions, committees, or similar entities
of the Town, and records shall be created, maintained, stored, scanned, or disposed of in accordance
with the plan.
Sec. 1.06.007 Duties of Records Management Officer
In addition to other duties assigned in this ordinance, the Records Management Officer shall have the following duties:
(a)Administer the Records Management Plan and provide assistance to department heads in its
implementation.
(b)Plan, formulate, and prescribe basic records management and records disposition policies, systems,
standards, and procedures.
(c)In cooperation with Town officials and department heads, identify vital and permanent records and
establish a disaster plan for each Town office and department to ensure maximum availability of records
for reestablishing operations quickly and with minimum disruption and expense.
(d)Develop procedures to ensure the permanent preservation of the historically valuable records of the
Town.
(e)Monitor records retention schedules and administrative rules issued by the Texas State Library and Archives
Commission to determine if the records management program is in compliance with state regulations.
(f)Disseminate to Town officials and department heads information concerning state laws and administrative rules
relating to local government records.
(g)Ensure that the maintenance, preservation, destruction, or other disposition of the records of the Town are carried
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out in accordance with the policies and procedures of the records management program and the
requirements of state law.
(h)Maintain records on the volume of records destroyed under approved record retention schedules.
Sec. 1.06.0086 Duties of Town Officials and Responsibilities of town dDepartment hHeads
(a)All town officers and department heads are responsible for implementation and operation of effective files
operations, records transfers and dispositions and other activities in accordance with the provisions of this article, within
their departments and areas of responsibility, including all boards and commissions related to the functions of the
department. Department heads shall:
(a)Cooperate with the Records Management Officer town secretary in carrying out the policies and procedures
established by the town for the efficient and economical management of records and in carrying out the
requirements of this article;
(b)Adequately document the transaction of government business and the services, programs, and duties for which
the department head and his/her staff are responsible;
(a)
(b)Identify vital and permanent records of their departments;
(c)Maintain the records in his/her care and carry out their preservation, or destruction, or other disposition of records
only in accordance with the ordinances, policies and procedures of the Records Management Plan of the Town
and the requirements of this town, including this article;
(c)Review this article and related policies annually and make suggestions to the town secretary regarding needed
updates or changes;
(d)Implement and enforce the files management and records disposition programs, including but not limited to those
prescribed by this article, within their departments and monitor compliance therewith within their departments
and report to the town secretary any failure to comply with standards; and
(e)Act as the custodian of records for his/her department and ensure the integrity and safety of the records of his/her
department.
ARTICLE 1.06 RECORDS MANAGEMENT*
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(d)Designate at least one qualified staff member in his/her Department to serve as Records Liaison Officer for the
implementation of this article and other applicable Town policies.
(d)Department heads shall also designate at least one (1) qualified member of his/her staff to serve as records liaison
officer within their departments for the implementation of this article and other applicable laws. Persons designated
as records liaison officers shall assist the department head with his/her duties set forth herein, as requested to do
so by the department head, and be thoroughly familiar with all records created and maintained by their department.
Each department’s records liaison officer may act as the department head’s agent in the issuance and certification
of copies of records of the department. In the event of the resignation, retirement, dismissal or removal of the
employee designated as the records liaison officer, the department head shall promptly designate another person
to fill the vacancy. A department head may serve as the records liaison officer. Each department head shall provide
the town secretary the name of such designee(s) under their supervision.
(e)(Ordinance 05-47, sec. 8, adopted 6/14/05)
Sec. 1.06.0097 Public access to records
All requests received for records, and any fees or charges made therefor (including fees for research and all other
fees authorized by state law), shall be handled by the Town Secretary or his/her designee custodian of said records in
accordance with the Texas Public Information Act, chapter 552 of the Texas Government Code, as it exists or may be
amended. Any fees shall be collected by the Town Secretary, custodian of the records, or his/her designee, prior to or
upon the distribution of said records to members of the public. (Ordinance 05-47, sec. 9, adopted 6/14/05)
Sec. 1.06.010 Destruction of Records Under Record Retention Schedules
A record whose retention period has expired on a record retention schedule shall be destroyed unless an open records
request is pending on the record, the subject matter of the record is pertinent to a pending law suit, or the department
head requests in writing to the Records Management Officer that the record be retained for an additional period.
ARTICLE 1.06 RECORDS MANAGEMENT*
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Chapter 20: Records Management
Purpose and Overview……………………………………………………………………………………20.01
Authority and Governance…………………………………………………….………………………..20.02
Roles and Responsibilities……………………………………………………………….……………...20.03
Record Retention Schedules................................................................................................... 20.04
Boxing Instructions…………………………………………………………………………………… 20.05
Storage Standards……………………………………………………………………………………… 20.06
Records Disposition and Destruction…………………………………………………... …………20.07
Electronic Storage…………………………………………………………………….……………….. 20.08
Records Retrieval……………………………………………………………….……………………... 20.09
Public Information Requests…………………………………………………………………….. 20.10
Litigation Holds……………………………………………………………………………………….. 20.11
Disaster Prevention and Recovery………………………………………………………………….. 20.12
Email Retention………………………………………………………………………………………….. 20.13
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Item 3.
Town of Prosper
ADMINISTRATIVE REGULATIONS
CHAPTER 20: RECORDS MANAGEMENT PLAN
SECTION 20.01 PURPOSE AND OVERVIEW
Records management is an essential component to local government. A successful records
management program ensures the safety and security of the Town’s records, provides for the timely
response to inquiries for information, allows for the regular and systematic disposition and
destruction of records, and ensures that all legal requirements regarding records are met. This
Records Management Plan outlines policies intended to ensure compliance with Article 1.06 –
Records Management of the Code of Ordinances, to provide for efficient, economical, and effective
controls over the creation, distribution, organization, maintenance, use, retention, and disposition of
all records of the Town of Prosper. The policy will be implemented through a system of integrated
procedures for the management of records from their creation to their ultimate disposition,
consistent with the requirements of the Local Government Records Act, the Texas Public Information
Act, the Town Charter, the Code of Ordinances, and accepted records management practices.
A comprehensive Records Management policy accomplishes the following objectives:
Ensures compliance with Texas State Library and Archives Commission (TSLAC) guidelines and
standards
Provides a system for the efficient and secure storage and retrieval of records for internal and
public use
Preserves vital and historical Town records
Maximizes the efficiency and minimizes the cost of records management and storage
Provides for the timely disposition and destruction of eligible records
Minimizes litigation risks
This policy will provide a framework for developing and implementing a comprehensive and
sustainable records management program.
SECTION 20.02 AUTHORITY AND GOVERNANCE
The Town of Prosper records management program is governed by the Local Government Records
Act (Local Government Code Chapters 201-205), Texas Government Code Section 441, Article 1.06
of the Town’s Code of Ordinances, the Town Charter, and the standards set by the Texas State Library
and Archives Commission (TSLAC).
SECTION 20.03 ROLES AND RESPONSIBILITIES
A. Records Management Officer
Section 1.06.005 of the Town’s Code of Ordinances designates the Town Secretary as the Records
Management Officer of the Town. In addition to the responsibilities specified in the Code of
Ordinances, the Town Secretary (RMO) shall have the following duties:
1. Develop and maintain the Town’s Administrative Regulations regarding records
management, establishing basic records management and records disposition policies,
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Item 3.
systems, standards, and procedures.
2. Identify and preserve the Town’s vital and permanent records, and those that have historical
value to the Town.
3. Provide the records retention schedules for all records to each Town department. Retention
periods may be altered, but shall be no shorter than the time set forth in the records retention
schedule, if deemed necessary by either the Town Manager, Town Secretary and/or a
Department Head/Director.
4. Monitor records retention schedules and administrative rules issued by the Texas State
Library and Archives Commission to determine if the Records Management Plan is in
compliance with state regulations.
5. Disseminate to Town officials and Department Heads/Directors information concerning state
laws and administrative rules relating to local government records.
6. Consult and assist Town departments in all areas of records management as needed,
including records maintenance, storage, retrieval, disposition, and developments in
technology that would benefit operations.
7. Maintain a secure, off-site records center to store and preserve vital, permanent, historical,
and inactive records prior to disposition.
8. Establish a disaster recovery plan for the Town detailing the procedures to be followed by
Town employees in the event of a disaster, to ensure maximum availability of records for
reestablishing operations quickly, and with minimum disruption and expense.
9. Ensure that the maintenance, preservation, destruction, or other disposition of the records of
the Town are carried out in accordance with guidelines set by the Texas State Library and
Archives Commission, state law, and this policy.
B. Town Officials and Department Heads/Directors
All Town officials and Department Heads/Directors are responsible for the implementation of
effective records management activities in accordance with the provisions of the Code of
Ordinances and this policy within their departments and areas of responsibility, including all
boards and commissions related to the functions of the department. Town officials and
Department Heads/Directors shall:
1. Cooperate with the Town Secretary in carrying out the policies and procedures established
by the Town for the efficient and economical management of records, and in carrying out the
requirements of this policy.
2. Adequately document the transaction of government business and the services, programs,
and duties for which the Department Head/Director and his/her staff are responsible.
3. Ensure that all records in his/her department are stored and maintained in compliance with
the standards set by this policy.
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4. Carry out the disposition or destruction of records only in accordance with the standards set
by this policy.
5. Designate at least one qualified staff member in his/her Department to serve as Records
Liaison Officer.
C. Record Liaison Officers
Persons designated as Records Liaison Officers shall assist the Department Head/Director with
his/her duties set forth herein, as requested to do so by the Department Head/Director, and be
thoroughly familiar with all records created and maintained by his/her department. Each
department’s Records Liaison Officer may act as the Department Head/Director’s agent in the
issuance of copies of departmental records. Records Liaison Officers shall:
1. Ensure all inactive records are properly boxed, labeled, indexed, transferred, and stored
according to the standards set by this policy.
2. Maintain an accurate departmental filing system to keep track of all active and inactive paper
and electronic departmental records and their locations.
3. Review departmental records regularly to purge and transfer inactive records to the off-site
facility, or to process for destruction.
5. Review active records periodically to ensure they are properly protected and to ensure that
vital and historical records are so classified.
7. Consult with the RMO to resolve any questions or problems related to records management.
8. Notify the Department Head/Director and the RMO of pending litigation to ensure the safe
keeping of all records pertaining to the litigation.
9. Acquire knowledge of the department’s electronic storage applications in order to
communicate desired changes or additional needs to the Department Head/Director and/or
RMO.
SECTION 20.04 RECORD RETENTION SCHEDULES
The Town of Prosper has submitted a Declaration of Compliance in accordance with the Local
Government Records Act, and has adopted records retention schedules in compliance with the Texas
State Library and Archives Commission (TSLAC). The retention period of a record established by the
TSLAC retention schedules determines the minimum length of time that a record must be retained.
The TSLAC Retention Schedules may be obtained by the Town Secretary, or on the TSLAC website:
https://www.tsl.texas.gov/slrm/localretention#PW
Before records can be stored off-site, in Laserfiche, or destroyed, a retention code (record series)
must be assigned to each record category. The assigned code will designate the amount of time the
Town record is to be retained before it is eligible for destruction. If departments wish to retain
records beyond the mandatory retention period, the Department Head/Director may do so upon
notifying the Town Secretary in writing. All records must be retained for at least the minimum
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amount of time stipulated by the retention schedule. Records may be kept for longer than the
minimum amount of time established by the TSLAC if determined to be necessary by the Town
Manager, Town Secretary and/or a Department Head/Director.
A. Definition of a Record
A “Town record” refers to any document, paper, letter, book, map, photograph, sound or video
recording, microfilm, magnetic tape, electronic media, or other information-recording media,
regardless of physical form or characteristic and regardless of whether public access to it is open
or restricted under the laws of the state, created or received by the Town or any of its officers or
employee pursuant to law, including an ordinance, or in the transaction of public business.
Not all documents that are created or received by the Town are considered records. Documents
or information may be considered non-records when they are not the original or official copies
of a document and do not furnish information on the organization’s function, policy, procedure,
operation, or other activities, and/or are retained in addition to the official copy. Some examples
are:
Periodicals, advertisements, or unsolicited marketing materials received in the mail
Convenience copies (duplicate copies of memos, letters, emails, invoices, etc., created for an
employee’s convenience or reference)
Blank forms
Surplus copies of publications, circulars, or bulletins created by the Town (one record copy
must be retained)
B. The Life Cycle of a Record:
The diagram below describes the life cycle of a record, and a more detailed description of Town
records.
1. Creation/Receipt
Information becomes a Town record if it is created, maintained or received by a Town official
or employee in the transaction of Town business, regardless of format. Paper, electronic,
audio, or video information may be considered a Town record. The Retention Schedules are
used to determine whether a piece of information is a record, and how long the record must
be retained.
2. Active Records
Records in Active Storage refers to those records that are retained and/or stored in an
employee’s work area or within the department’s files. These are records created or
maintained in the day-to-day operations of the department. Records that are in Active
Storage are those that have been recently created or received (for example, within the last
fiscal year or two), or those that the department needs to reference on a regular basis.
3. Inactive Records
Creation/Receipt:
Information
created, received,
or maintained by
the Town
regarding public
business
Active Records:
Records
maintained, stored
and used within
individual Town
departments
Inactive Records:
Records
transferred from
departments to
off-site storage
Final
Disposition:
Destruction of
eligible records,
or permanent
storage
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Item 3.
Records that are no longer referenced by the department on a regular basis are considered
Inactive Records. It is recommended that these records be stored off-site until they have met
their minimum retention period. It is advisable that departments purge their files regularly
of inactive records to minimize the amount of file storage equipment needed within the
department, and to decrease the amount of time necessary to search for records.
4. Final Disposition
Once records have met their minimum retention, they may be scheduled for destruction.
Records that have a Permanent retention will be stored permanently.
C. Determining the Appropriate Retention Schedule
The Town of Prosper has adopted the following TSLAC Retention Schedules:
EL – Records of Elections and Voter Registration
GR – Records Common to All Local Governments
HR – Records of Public Health Agencies
LC – Records of Justice and Municipal Courts
PS – Records of Public Safety Agencies (Police, Fire, EMS)
PW – Records of Public Works and other Government Services
TX – Records of Property Taxation
UT – Records of Utility Services
Contact the Town Secretary’s Office for assistance in determining the appropriate retention
schedule for a particular record.
D. Establishing a Retention Period
Once the appropriate schedule is established, the next step is to identify the correct record series.
Below is a sample of a common Town record.
The above example is from the GR Retention Schedule (Records Common to All Local Governments).
The retention code (or Record Number) for this particular type of record is GR1000-26b. The Record
Title indicates the category of record (Correspondence, Internal Memoranda, and Subject Files). The
Record Description provides additional information to the user to ensure the Town record meets the
criteria for the selected retention code. This particular retention code would apply to most Town-
related correspondence, including mail or email correspondence. The Retention Period indicates the
minimum amount of time the record must be retained before it is eligible for destruction , which is 2
years from the creation or receipt of the correspondence. The Remarks section advises users of
important considerations that may need to be made before destroying a record.
The following codes are helpful when trying to determine a retention period:
AV=administratively valuable (the record should be retained for as long as it is useful to the
individual or department, at which time it may be destroyed at any time)
CE=calendar year end (must be retained through December 31 of the year in which the retention
period is met)
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FE = fiscal year end (must be retained through September 30 of the year in which the retention period
is met)
US = until superseded (when a new version is created/submitted, the outdated version may be
destroyed at any time)
Contact the Town Secretary’s Office for assistance in determining the appropriate record series or
retention code for a particular record.
SECTION 20.05 BOXING INSTRUCTIONS
A. General Guidelines
1. Use only the labels provided by the Town Secretary’s Office.
2. Use only heavy duty record storage boxes with lids, 10”x12”x15,” such as Staples Item
#23490.
3. Box items of the same type together, based on the Records Retention Schedule; use only one
retention code per box.
4. Box items using a logical system; alphabetical, chronological, by case number, etc.
5. Use a standard permanent market, (not the ultra-fine point) to fill out the box labels. The ink
does not fade over time and it is easier to read at a distance.
6. Do not tape the box lids on.
7. Remove any binder clips, three-ring binders, or any thick metal, as they will not go through
the shredder when it’s time to destroy the documents. Paper clips, staples, and rubber bands
are acceptable.
8. Full boxes are preferred, but leave 1-2 inches of space in the box so records can be retrieved
if needed.
9. The box lid must fit securely for stacking purposes; do not overfill.
10. Contact the Town Secretary with any questions.
B. Labeling Instructions:
Record Retention Code: Use the Record Number found in the Retention Schedule. Example:
PS4125-05b. Using the appropriate code is important, since the Retention Period is driven by the
code that is used.
Record Title: Use the appropriate Record Title that corresponds to the code used from the
Retention Schedule. Example: Offense Investigation Records
Description of Contents: Provide a brief description of the contents. You may either repeat the
Record Title, or use terminology to further describe the contents. Example: Class A
misdemeanors
Department: Use your department or division name. Example: Police
Dept. Box ID: Leave this blank; the Town Secretary’s Office will create a numbering system later
Start Range and End Range: Use the first and last file in the box to determine the range.
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Example: If you are filing alphabetically, and the first record starts with “A,” (Adams) and the last
file starts with “J,” (Johnson) then the Start Range would be “A” and the End Range would be “J,”
or you could use “Adams” – “Johnson”
If filing chronologically: (Example: March 1, 2015 through July 31, 2015)
Start Range: 3-1-2015
End Range: 7-31-2015
If filing by Case Number: (Example: Case Number 15004100 through 15005200)
Start Range: 15004100
End Range: 15005200
Start Date and End Date: Use the date of the oldest record in the box and the date of the most
recent record in the box. For example, if the records are from March 2015 through July 2015, the
Start Date would be 3-1-2015 and the End Date would be 7-31-2015. Entering the correct dates
is very important. You will use the end date, and then add the appropriate retention time to
determine the correct the Destroy Date.
Packing Date: Use the date you put the label on the box
Destroy Date: This is the date that the records in the box are eligible for destruction. It is very
important to calculate this correctly to ensure the retention period is met. Start with the End
Date on the label, and then add the appropriate retention time, plus one day. This is the Destroy
Date.
Example: You have a box full of Offense Investigation Records, Class A misdemeanors, (PS4125-
05b). The Start Range is “Adams” and the End Range is “Johnson.” The End Date on the label is
July 31, 2015. The retention for Class A misdemeanors, according to the Retention Schedule, is 2
years. If you add 2 years to July 31, 2015, you get July 31, 2017. The records may be destroyed
on the following day, so the Destroy Date is August 1, 2017.
C. Paper Records Converted to Digital Images: Paper records that have been scanned or
otherwise saved as a digital image on the Town’s servers, Town-provided cloud storage, or in
Laserfiche, are considered convenience copies and may be destroyed at the discretion of the
Department Head/Director.
The Department Head/Director is responsible for ensuring that all paper records that have been
converted to digital images have been checked for image quality, can be easily located through a
search function, and are stored in a logical electronic folder structure established by the
department.
Paper records with a retention of ten years or longer that have been converted to digital images
shall be forwarded to the Town Secretary’s Office for destruction. Complete the box label
according to the above instructions to identify the records in the box, leaving the Destroy Date
blank. In the “Description” section, indicate that the records have been scanned to digital images.
The Town Secretary’s Office will document the destruction of these records. Paper records with
a retention of less than ten years that have been converted to digital images may also be
forwarded to the Town Secretary’s Office for destruction.
Page 31
Item 3.
D. Convenience Copies: Extra copies of records may be destroyed at any time, as long as one
source document is retained for the minimum retention period. Copies of records for which the
Department is not the custodian may also be destroyed when they are no longer valuable to the
Department. Examples of Convenience Copies would be extra copies of the following:
P-Card statements – source documents are retained by Purchasing Division
Invoices – source documents are retained by Finance Department
Timesheets – source documents are retained by Finance Department
Contracts and Agreements – source documents are retained by Town Secretary
Town Council, Board and Commission Meeting Agendas and Minutes – source documents are
retained by Town Secretary
Contact the Town Secretary’s Office with questions about the custodianship of any record.
Paper records that are Convenience Copies may be forwarded to the Town Secretary’s Office for
destruction. Place the items in a standard records box and write “Convenience Copies” on the
label. Convenience Copies will be stored until the next scheduled destruction date.
SECTION 20.06 STORAGE STANDARDS
Appropriate steps should be taken to protect Town records from damage or destruction due to
improper storage or exposure to the elements. The TSLAC has established recommended standards
for the proper care and storage of local government records. Town Departments shall ensure that
records with a permanent retention are stored in a manner that complies with the following:
1. Protection from fire, water, steam, structural collapse, unauthorized access, theft, and other
similar hazards
2. Protection from exposure to direct sunlight
3. Records or storage boxes shall not be stored in contact with the floor
4. Records shall be protected by an operational fire detection system, or the facility must be in
compliance with local fire codes
5. Records shall not be stored in an area or building located in a 100-year flood plain area
Records with a non-permanent retention shall be stored in accordance with the above standards to
the extent that is practical. At a minimum, paper records with a non-permanent retention shall not
be stored on the floor, and shall be stored in a climate controlled environment with consistent
temperature and humidity controls. Access to records of a confidential nature shall be limited only
to authorized personnel, as determined by the Town Secretary and Department Head/Directors.
SECTION 20.07 RECORDS DISPOSITION AND DESTRUCTION
In accordance with TSLAC guidelines, the following procedures should be followed when destroying
records of any kind.
A. Disposition of non-records
Non-records may be recycled, shredded, or boxed as “Convenience Copies” at any time without
consulting with the Town Secretary. See Section 20.04 for more information on determining
whether a document is a record or a non-record.
B. Destruction of Records
Page 32
Item 3.
1. All records that are to be destroyed are to be processed through the Town Secretary’s Office
and destroyed according to the Records Management Policy. Simply throwing away or
recycling records that have reached their retention period is not permitted. The TSLAC
requires that the destruction of records be documented.
2. Inactive records that have been appropriately boxed, and transferred to the custody of the
Town Secretary’s Office will be retained until their retention period expires. Records with a
permanent retention will be retained permanently.
3. The Town Secretary’s Office will coordinate a destruction of all eligible records on a regular
basis, approximately once per year. The Town Secretary will provide a list of all boxed
records that have met their retention period and are eligible for destruction to each
Department Head/Director. The Department Head/Director will be required to approve all
records to be destroyed.
4. The Town Secretary will coordinate the records destruction with a reputable document
shredding service to ensure that documents are destroyed in accordance with TSLAC
guidelines, and will maintain a record of all documents that are destroyed.
SECTION 20.08 ELECTRONIC STORAGE
The Town is utilizing Laserfiche software and each department is responsible for scanning its records
into Laserfiche. Request the assistance of the Town Secretary’s Office if assistance is needed to set
up folder structures.
The Town of Prosper has authorization from the TSLAC to store records with a retention of 10 years
or longer electronically, as long as the Town complies with TSLAC Local Government Bulletin B –
Electronic Records Standards and Procedures. Department Heads/Directors may authorize these
records to be stored electronically, and the paper records to be destroyed, as long as the Town
complies with storage, security, and retrieval requirements in Bulletin B.
Records Liaison Officers and/or those persons responsible for scanning records should take steps to
ensure that scanned records are legible, complete, in color if necessary, and include all pages of the
document. Quality control is critical to ensure that scanned records have the same image quality as
paper records, especially if the department intends to destroy the paper records and keep the
scanned document as the source document.
SECTION 20.09 RECORDS RETRIEVAL
Records Liaison Officers will be provided with a list of their boxes in storage by the Town Secretary’s
Office. If a box, or a file within a box, is needed by a department, please contact the Town Secretary’s
Office and provide the appropriate box number and/or file information, and a member of the Town
Secretary’s staff will retrieve the box or file. When the department is finished with the records, the
Town Secretary’s Office will return the file or box to inactive storage.
Page 33
Item 3.
SECTION 20.10 PUBLIC INFORMATION REQUESTS
Public Information Requests (PIRs) are handled through the Town Secretary’s Office, with the
exception of requests for police records, which are handled directly through the Police Department.
PIRs are considered to be received on the date they are received in writing by the Town Secretary’s
Office. Requests may be made using the online form on the Town website, a paper form available in
the Town Secretary’s Office, or emailing a request directly to the Town Secretary. All PIRs are
handled in accordance with the Texas Public Information Act (TPIA).
Upon receipt of a PIR, the Town Secretary will contact the Record Liaison Officer or appropriate staff
to obtain the responsive records. To ensure that the requestor receives a response within ten
business days as required by the TPIA, departments are encouraged to provide responsive
documents to the Town Secretary’s Office in a timely manner. In some cases, the requested
information may need to be reviewed by the Town Attorney, or the Attorney General’s Office to
determine whether the information requested is releasable. The Town may withhold or redact
information that is allowed to be withheld in accordance with the TPIA.
SECTION 20.11 LITIGATION HOLDS
In the event the Town or a department is involved in any legal action, any records which may be
involved must be retained and safeguarded from destruction or tampering regardless of the
retention period specified in the Town's Record Retention Schedules.
SECTION 20.12 DISASTER PREVENTION AND RECOVERY
The availability of records is critical to the administration of Town operations. The Town Secretary’s
Office will develop and maintain a Records Disaster and Recovery Plan to preserve and restore Town
records in the event of a disaster, and to assist Town departments with restoring critical Town
operations in the event of a disaster. The plan will be implemented with the assistance of the Town’s
Emergency Management Coordinator, Town Department Heads/Directors and IT staff.
The Records Disaster and Recovery Plan will follow guidelines and industry standards approved by
the TSLAC. It will include procedures and operations necessary to respond to the nature and extent
of the disaster, or the disruption of normal Town operations.
SECTION 20.13 EMAIL RETENTION
The Town of Prosper maintains an electronic messaging system to provide a quick, accessible, and
efficient platform for conducting business. This section of the Records Management policy covers
general guidelines for purging and retaining correspondence stored on the Town’s email
communication system. Local government records in any format, including email communication,
are to be retained in accordance with TSLAC guidelines and Article 1.06 of the Town’s Code of
Ordinances.
The Town of Prosper imposes space and time limits on all Town email accounts. All electronic
information maintained on Town systems remains the property of the Town and employees have no
right of privacy in the use of the system. Periodic purging of emails is necessary to maintain reliable
performance of the email system and manage available space. Users are responsible for determining
Page 34
Item 3.
the classification of their sent and received emails and managing them according to the guidelines
and procedures of this policy. For acceptable use of the Town’s email communication system, see
Section 8.01 of the Town’s Personnel Policies and Regulations Manual.
A. Email Retention
1. Any email that is not work-related is considered a non-record. Non-records may be deleted
at any time.
2. Emails left on the messaging system will be automatically deleted after the default time limit
as determined by the Town Secretary’s Office and the IT Department.
3. If there is a litigation hold on email records, they must be printed or retained separately and
stored until the litigation is resolved.
4. Attachments to email communications are considered to be part of the message, and must
therefore be retained with the email communication.
5. The time period of the applicable retention period of email correspondence is determined by
the content of the message, and must follow guidelines set by the TSLAC Retention Schedules
adopted by the Town. Email correspondence generally falls into one of three categories:
Administrative correspondence – Retention Code 1000-26a – retain for 5 years
Incoming/outgoing and internal correspondence pertaining to the formulation, planning,
implementation, modification, or redefinition of the policies, programs, services, or projects
of the Town.
General correspondence – Retention Code 1000-26b – retain for 2 years
Incoming/outgoing and internal correspondence pertaining to the routine administration or
operation of the policies, programs, services, and projects of the Town.
Transitory Information – 1000-26c – retain as long as it is useful
Records of temporary usefulness that are not an integral part of a records series, and are
required for only a limited period of time for the completion of an action by an employee or
official.
6. When an employee leaves the Town’s employment, the Department Head/Director or the
employee’s Supervisor will be given access to said employee’s archived email account for 90
days. All emails that need to be kept for official record purposes shall be printed and stored.
After the 90 days, the email account/email of a former employee will be deleted.
7. The responsibility for determining retention of an email rests on the individual user. Please
contact the Town Secretary’s Office with questions about the retention of a particular email
communication.
Page 35
Item 3.
8. Email correspondence may be requested as part of a Public Information Request. Employees
may be asked to compile responsive emails in response to a PIR. To determine whether an
employee is the custodian of a particular message, use the following guidelines:
Internally sent messages – sender (Town employee) is the responsible custodian.
Externally received messages – the first Town employee in the “To:” field is the
responsible owner/custodian. Employees in the “CC” or “Bcc” fields are not the
custodians of the messages.
The Town Secretary’s Office and the IT Division are responsible for general enforcement of this
section of the policy. Each Department Head is responsible for implementation and maintenance of
this section in their area.
Page 36
Item 3.
Page 1 of 4
To: Mayor and Town Council
From: January Cook, CPPO, CPPB, Purchasing Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon repealing Resolution No. 13-51 and replacing with a resolution delegating
authority to the Town’s Purchasing Manager to determine the best method of procurement for the
purchase of goods and services.
Description of Agenda Item:
On September 24, 2013, the Town Council approved Resolution No. 13-51 delegating authority
to the Town’s Purchasing Agent to determine the best method of procurement for the purchase of
goods and services, excluding alternative construction methods referenced in Chapter 2269 of the
Texas Government Code.
Staff is proposing to set parameters and standardize the evaluation criteria for each alternative
construction method to be utilized by the Town. This will streamline the procurement process and
provide for consistency in how the Town evaluates and awards construction projects. Additionally,
granting authority to the Purchasing Manger to determine the best method of procurement, based
on these parameters, will alleviate the requirement for staff to request approval from Town Council
to utilize an alternative construction method for each individual project, therefore resulting in time
savings.
Staff has outlined the methods of procurement for the purchase of construction services, based
on the proposed parameters listed below, and will incorporate into the Town’s Purchasing Policy,
contingent upon approval. Please note there is a difference between the evaluation criteria
established for the Competitive Sealed Proposal (CSP) and the Construction Manager -At-Risk
(CMAR) methods. The CMAR method is utilized for facilities construction, and the goal is to select
a CMAR at the beginning of the facility design phase, with experience building same or similar
facilities. Therefore, timeline is not a consideration during the CMAR selection process. Timeline
is addressed when the Guaranteed Maximum Price (GMP) is being negotiated.
Prosper is a place where everyone matters.
FINANCE
DEPARTMENT
Page 37
Item 4.
Page 2 of 4
1. Competitive Bidding Method
A bid is utilized to purchase one-time construction services over $50,000, and is subject to
the competitive bid laws of the State of Texas. Solicitations at this dollar threshold are
processed by the Purchasing Office.
a. Traditional Low Bid
Award is made to the lowest responsive and responsible bidder. Negotiations are not
permitted. A written contract is required. Please allow 6-8 weeks at a minimum to
complete the process.
b. A+B Bidding
Award is made to the lowest responsive and responsible bidder, taking into consideration
the number of days bid. The number of days bid will be multiplied by the value of a
calendar day as listed below, and added to each bidder’s base bid. This is also sometimes
referred to as ‘A+B’ bidding. The Town reserves the right to set a maximum value to the
total number of days. Negotiations are not permitted. A written contract is required.
Please allow 6-8 weeks at a minimum to complete the process.
Amount of Contract ($) Value of a Calendar Day ($)
$1,500,000 to $1,999,999.99 $500 per day
$2,000,000 to $2,999,999.99 $1,000 per day
$3,000,000 to $3,999,999.99 $1,500 per day
$4,000,000.00 or more $2,000 per day
If applicable, any incentives offered by the Town will be solely at the direction of the Town
Council.
2. Competitive Sealed Proposal (CSP) Method
This is an alternative construction method, as defined in Texas Government Code, Chapter
2269. A CSP can be utilized to purchase one-time construction services under $1.5 million,
and is subject to the competitive bid laws of the State of Texas. Solicitations at this dollar
threshold are processed by the Purchasing Office. Award is made to the contractor that offers
the best value to the Town, based on pre-determined evaluation criteria. Negotiations are
permitted with the top-ranked contractor, in order to obtain the best value for the Town. A
written contract is required. Please allow 8-12 weeks at a minimum to complete this process.
The standard evaluation criteria established for construction services is as follows:
• Qualifications and Experience (30%)
o Contractor and sub-contractor experience with similar projects.
o Qualifications of key personnel assigned to this project.
o References
• Project Timeline (20%)
• Cost Proposal (50%)
Page 38
Item 4.
Page 3 of 4
3. Construction Manager-At-Risk (CMAR) Method
This is an alternative construction method, as defined in Texas Government Code, Chapter
2269. This method can be utilized to purchase facilities construction services over $50,000,
and is subject to the competitive bid laws of the State of Texas. The Town contracts with an
architect/engineer for design and construction phase services, and contracts separately with
a construction manager-at-risk to serve as the general contractor and to provide consultation
during the design and construction, rehabilitation, alteration, or repair of a facility. Award is
made to the contractor that offers the best value to the Town, based on pre-determined
evaluation criteria. Negotiations are permitted with the top-ranked contractor, in order to
obtain the best value for the Town. A written contract is required. Please allow 8-12 weeks
at a minimum to complete this process.
The standard evaluation criteria established for construction manager-at-risk services is as
follows:
• Overall Ability to Meet Town Objectives (10%)
• Experience with Similar Facility Construction (20%)
• Qualifications of Project Personnel (20%)
• References (10%)
• Cost Proposal (40%)
4. All Other Alternative Construction Methods
The use of other alternative construction methods, as defined in Texas Government Code,
Chapter 2269, not specifically outlined above, will not be allowable until the Town sets
parameters for use.
5. Liquidated Damages
In order to emphasize that time is of the essence for construction services, for each day that
any work shall remain uncompleted after the time specified in the Contract or in an executed
Change Order, including milestone completion dates, substantial completion, and final
completion, the Town may deduct the following sum from monies due to the Contractor for
each day the work remains uncompleted:
Less than $100,000 $100 per day
$100,000 to $1,000,000 $250 per day
Greater than $1,000,000 $500 per day
In the case of a project where expenses are definitively quantifiable, a higher liquidated
damage value can be assessed, and will be published in the Special Conditions section of the
bid/proposal document for that specific project.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P, has reviewed the Resolution as to form and legality.
Attached Documents:
1. Resolution No. 13-51
2. Replacement Resolution
Page 39
Item 4.
Page 4 of 4
Town Staff Recommendation:
Staff recommends repealing Resolution No. 13-51 and replacing with a resolution delegating
authority to the Town’s Purchasing Manager to determine the best method of procurement for the
purchase of goods and services.
Proposed Motion:
I move to repeal Resolution No. 13-51 and replace with a resolution delegating authority to the
Town’s Purchasing Manager to determine the best method of procurement for the purchase of
goods and services.
Page 40
Item 4.
Attachment 1
Page 41
Item 4.
Attachment 1
Page 42
Item 4.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2020-____
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DELEGATING AUTHORITY TO THE TOWN’S PURCHASING
MANAGER TO DETERMINE THE BEST METHOD OF PROCUREMENT FOR
THE PURCHASE OF GOODS AND SERVICES; MAKING FINDINGS; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper is a home-rule municipal corporation duly organized
under the laws of the State of Texas; and
WHEREAS, Section 252.021(c) of the Texas Local Government Code, as amended,
provides, in part, that “[t]he governing body of a municipality that is considering using a method
other than competitive sealed bidding must determine before notice is given the method of
purchase that provides the best value for the municipality” and “may delegate, as appropriate, its
authority under this subsection to a designated representative”; and
WHEREAS, that same section of the Texas Local Government Code further provides that
“[i]f the competitive sealed proposals requirement applies to the contract, the municipality shall
consider the criteria described by Section 252.043(b) [of the Texas Local Government Code] and
the discussions conducted under Section 252.042 [of the Texas Local Government Code] to
determine the best value for the municipality”; and
WHEREAS, Section 2269.056(a) of the Texas Government Code, as amended, provides,
in part, that “[t]he governing body of a governmental entity that considers a construction contract
using a method authorized by this chapter other than competitive sealed bidding must, before
advertising, determine which method provides the best value for the governmental entity”; and
WHEREAS, Section 2269.055(a) of the Texas Government Code, as amended, provides
the criteria to consider in determining the award of a contract under this chapter; and
WHEREAS, Section 2269.053(a) of the Texas Government Code, as amended, provides
that “The governing body of a governmental entity may delegate its authority under this cha pter
regarding an action authorized or required by this chapter to a designated representative,
committee, or other person”; and
WHEREAS, Section 2269.063(b) of the Texas Government Code, as amended, provides
that “The governmental entity shall provide notice of the delegation, the limits of the delegation,
and the name or title of each person designated under Subsection (a) by rule or in the request for
bids, proposals, or qualification or in an addendum to the request”; and
WHEREAS, it is the desire of the Town Council to delegate such authority to the Town’s
Purchasing Manager, and to direct the Purchasing Manager to determine the best method of
procurement of goods and services for the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
Page 43
Item 4.
Resolution No. 2020-__, Page 2
SECTION 1
All of the above premises are found to be true and correct and are incorporated into the
body of this Resolution as if copied in their entirety.
SECTION 2
The Town Council hereby delegates to and authorizes the Town’s Purchasing Manager
to determine the best method of procurement of goods and services for the Town.
SECTION 3
This Resolution is effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, THIS 25TH DAY OF FEBRUARY, 2020.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 44
Item 4.
Page 1 of 1
To: Mayor and Town Council
From: Kent Bauer, Emergency Management Coordinator
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon a resolution supporting and authorizing a grant application to the Office of
the Governor for a FY 2020-2021 Justice Assistance Grant (JAG).
Description of Agenda Item:
This resolution is required by the State of Texas, Office of the Governor, to apply for funds through
the Justice Assistance Grant (JAG) which will fully fund one virtual training simulator. This
equipment will assist law enforcement with real-world de-escalation tactics, training, and decision
making skills.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., prepared the attached resolution.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends adopting a resolution supporting and authorizing a grant application to
the Office of the Governor for a FY 2020-2021 Justice Assistance Grant (JAG).
Proposed Motion:
I move to approve a resolution supporting and authorizing a grant application to the Office of the
Governor for a FY 2020-2021 Justice Assistance Grant (JAG).
Prosper is a place where everyone matters.
POLICE
DEPARTMENT
Page 45
Item 5.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2020-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, SUPPORTING APPLICATION TO THE OFFICE OF THE GOVERNOR
FOR A FY 2020-2021 JUSTICE ASSISTANCE GRANT; MAKING FINDINGS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper finds it is in the best interest of the citizens of the Town
of Prosper that the police training simulator be operated at the beginning Fiscal Year 2020-2021;
and
WHEREAS, the Town of Prosper agrees to provide applicable matching funds for the
said project as required by the FY 2020-2021 Justice Assistance Grant application; and
WHEREAS, the Town of Prosper agrees that in the event of loss or misuse of the Office
of the Governor funds, the Town of Prosper assures that the funds will be returned to the Office
of the Governor; and
WHEREAS, the Town of Prosper designates the Town Manager, Harlan Jefferson, as
the grantee’s authorized official, who is given the power to apply for, accept, reject, alter or
terminate the grant on behalf of the Town of Prosper.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
The Town of Prosper approves submission of the grant application for the police training
simulator to the Office of the Governor, grant number 4043001, and further authorizes the Town
Manager to apply for, accept, reject, alter or terminate the grant on behalf of the Town of Prosper.
SECTION 3
This Resolution shall be effective from and after its passage by the Town Council.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2020.
___________________________________
Ray Smith, Mayor
Page 46
Item 5.
Resolution No. 20-__, Page 2
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 47
Item 5.
Page 1 of 1
To: Mayor and Town Council
From: Leslie Scott, Director of Library Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon an ordinance repealing existing Subsection (c) of Section 1.04.032,
“Number of Members,” of Division 1, “Library Board,” of Article 1.04, “Boards, Commissions and
Committees,” of Chapter 1, “General Provisions,” of the Code of Ordinances of the Town of
Prosper, Texas, by removing a Prosper Independent School District non-voting member from the
Library Board.
Description of Agenda Item:
This ordinance removes the PISD liaison from the Library Board. Library Board members
discussed and supported removing the PISD liaison, due to the library no longer utilizing Reynolds
Middle School facility. A survey of comparison cities found that their library boards do not include
an ISD representative. Melissa Surratt, the Reynolds Middle Scholl librarian is the PISD liaison.
Ms. Surratt is supportive of elimination the liaison position and has not attended a Library Board
meeting since the spring of 2019.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends approval of an ordinance repealing existing Subsection (c) of Section
1.04.032, “Number of Members,” of Division 1, “Library Board,” of Article 1.04, “Boards,
Commissions and Committees,” of Chapter 1, “General Provisions,” of the Code of Ordinances
of the Town of Prosper, Texas, by removing a Prosper Independent School District non-voting
member from the Library Board.
Proposed Motion:
I move to approve an ordinance repealing existing Subsection (c) of Section 1.04.032, “Number
of Members,” of Division 1, “Library Board,” of Article 1.04, “Boards, Commissions and
Committees,” of Chapter 1, “General Provisions,” of the Code of Ordinances of the Town of
Prosper, Texas, by removing a Prosper Independent School District non-voting member from the
Library Board.
Prosper is a place where everyone matters.
LIBRARY
Page 48
Item 6.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, REPEALING EXISTING SUBSECTION (c) OF SECTION 1.04.032,
“NUMBER OF MEMBERS,” OF DIVISION 1, “LIBRARY BOARD,” OF ARTICLE
1.04, “BOARDS, COMMISSIONS AND COMMITTEES,” OF CHAPTER 1,
“GENERAL PROVISIONS,” OF THE CODE OF ORDINANCES OF THE TOWN
OF PROSPER, TEXAS, BY REMOVING A PROSPER INDEPENDENT SCHOOL
DISTRICT NON-VOTING MEMBER FROM THE LIBRARY BOARD; PROVIDING
FOR REPEALING, SAVINGS AND SEVERABLITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town’s Library Board includes a non-voting position for a Prosper
Independent School District liaison; and
WHEREAS, the inclusion of a PISD non-voting liaison as a non-voting member of the
Library Board was premised upon the Town’s former library being located inside Reynolds Middle
School; and
WHEREAS, with the Town having recently opened a new library at the Town Hall site, it
is no longer necessary that a PISD liaison be retained as a non-voting Library Board member.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, existing Subsection (c) of Section
1.04.032, “Number of members,” of Division 1, “Library Board,” of Article 1.04, “Boards,
Commissions and Committees,” of Chapter 1, “General Provisions,” of the Town’s Code of
Ordinances is hereby repealed in its entirety, thereby eliminating a Prosper Independent School
District non-voting member as a member of the Library Board.
SECTION 3
Should any section, subsection, sentence, clause or phrase of this Ordinance be declared
unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any
and all remaining portions of this Ordinance shall remain in full force and effect. The Town hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses
and phrases be declared unconstitutional or invalid.
Page 49
Item 6.
Ordinance No. 19-__, Page 2
SECTION 4
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict, and any remaining portions of said ordinances shall remain in full force
and effect.
SECTION 5
This Ordinance shall become effective from and after its adoption and publication as
required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2020.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 50
Item 6.
Page 1 of 1
To: Mayor and Town Council
From: Leslie Scott, Director of Library Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon amendments to Section 1.05, “Meetings,” of the Library Board’s Bylaws to
(1) change the Board’s meetings to quarterly meetings, or as needed, and (2) to provide for the
duties of a Board Secretary.
Description of Agenda Item:
The proposed amendments to the Library Board Bylaws change the meeting schedule from
monthly to quarterly and formally adopt a Board Secretary position and associated duties. Both of
these changes were requested by the Town’s Library Board at meetings in 2019. The continued
success of the new library facility creates limited items for the Library Board to discuss monthly,
therefore meeting quarterly or when needed is a more efficient use of Board and staff time. The
Board Secretary position was not included in the original Library Bylaws and is a valuable function
of a board member in creation of agendas and keeping minutes of meetings.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.P., has approved the bylaws as to form and legality.
Attached Documents:
1. Library Board Bylaws
Town Staff Recommendation:
Town staff recommends approving amendments to Section 1.05, “Meetings,” of the Library
Board’s Bylaws to (1) change the Board’s meetings to quarterly meetings, or as needed, and (2)
to provide for the duties of a Board Secretary.
Proposed Motion:
I move to approve amendments to Section 1.05, “Meetings,” of the Library Board’s Bylaws to (1)
change the Board’s meetings to quarterly meetings, or as needed, and (2) to provide for the duties
of a Board Secretary.
Prosper is a place where everyone matters.
LIBRARY
Page 51
Item 7.
1
LIBRARY BOARD
Bylaws
Division 1. Library Board
Sec. 1.01 Establishment
There is hereby created and established within the Town a Library Board which shall be
subject to the jurisdiction of the Town Council and shall constitute an advisory board to
the Town Council.
Sec. 1.02 Number of members
The Library Board shall be composed of seven (7) regular members appointed by the
Town Council. Each member of the Library Board shall meet the eligibility requirements
established by the Town Charter and the Board and Commission Appointment Policies
and Procedures. The Library Director serves as staff liaison. The members shall serve
at the pleasure of the Town Council and may be removed at the discretion of the Town
Council.
Sec. 1.03 Term of office
The term of office of each Library Board regular member shall be two (2) years. Places
2, 4, and 6 shall be appointed in even-numbered years, and Places 1, 3, 5, and 7 shall
be appointed in odd-numbered years.
Sec. 1.04 Officers
The Library Board shall have a Chair and a Vice-Chair, whose terms shall be one (1)
year but not more than two (2) consecutive terms in one (1) office. No regular member
shall serve for a total period of more than two (2) consecutive years as Chair or Vice-
Chair. The Chair and Vice-Chair shall be nominated by a majority vote of the Library
Board.
The Chair and Vice-chair shall be elected each year at the first regular meeting after
Library Board members are appointed and have taken their oath of office.
Vacancies in office shall be handled as follows:
a. In the event of resignation or incapacity of the Chair; the Vice-Chair shall
become the Chair for the unexpired portion of the term.
Page 52
Item 7.
2
b. Vacancy of the Vice-Chair shall be filled for the unexpired term by special
election.
Duties of the officers shall be as follows:
a. Chair:
i. Preside at all meetings.
ii. Represent the Library Board at public functions of the Town of Prosper
and at events such as special Library events, local, state, or national
advocacy activities for the Library or for local, state, or national
association activities.
iii. Appoint standing, special, or ad hoc committees.
iv. Assist Library Director in establishing the agenda for each meeting.
Agenda items requested by any Library Board member will be
included.
v. Liaison with the governing authority regarding library issues.
b. Vice-chair:
i. Assist the Chair in directing the affairs of the Library Board and act in
the Chair’s absence.
ii. Serve as Chair of ad hoc or special committees or projects such as
Chair of an advocacy initiative.
Sec. 1.05 Meetings
The regular meeting of the Library Board shall be held quarterly, or as needed, at a time
designated by the Library Board in the Library or such other place the Library Board
may determine and at such other times as the Library Board, Town Council, and/or the
Library Director deem necessary and appropriate. All meetings shall be held in a public
place with public notice as prescribed by law.
A simple majority of the regular members shall constitute a quorum at all meetings of
the Library Board. If a quorum is not present, the meeting shall be cancelled.
All questions presented for a vote of the Library Board shall be decided by a simple
majority of the quorum, including the vote of the Chair.
Robert’s Rules of Order, Newly Revised, shall govern the parliamentary procedure of
the Library Board in all cases to which they are applicable.
Page 53
Item 7.
3
Agendas for meetings and minutes of Library Board meetings shall be prepared by a
Library Board Secretary. Any meeting agenda shall be subject to the approval of the
Library Director prior to posting. Draft minutes of Library Board meetings shall be
subject to the approval of the Library Director before inclusion in an agenda packet.
The Library Board Secretary shall be a member of the Library Board, appointed for such
purpose by the Library Board. The Library Board Secretary is not an officer of the
Library Board.
Sec. 1.06 Removal from office/absences
The regular members shall serve at the pleasure of the Town Council and may be
removed at the discretion of the Town Council. Library Board regular members are
expected to maintain regular attendance at meetings in accordance with the attendance
policy established by the Town Charter and the Board and Commission Appointment
Policies and Procedures.
Sec. 1.07 Powers and authority
Library Board members provide opinion, support, and expertise as needed, but do not
have governing authority. Library Board members shall:
a. Provide advice and counsel to the Library Director, Executive Director of
Development and Community Services, the Town Manager, and the Town
Council, as requested, in matters relating to the services rendered by the
Library.
b. Study the need for, and encourage the development of, adequate Library
facilities.
c. Recommend general policies of Library service for approval by the Town
Council.
d. Recommend to the Town Council suggested programs for the development of
Library facilities and necessary financial support for those facilities.
e. Receive, in the name of and for the Town, donations, gifts, and bequests
whether of land, money, securities, books, and manuscripts, collections of
historical nature or materials, or local historical relics to be devoted to Library
uses or purposes.
f. Make any recommendations to the Town Council regarding Library matters
that it deems advisable.
g. Assist in strategic planning.
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Item 7.
4
h. The Library Board shall develop for Town Council review the rules and
regulations as may be prescribed by the Town Council for the conduct of its
business.
i. Encourage in every possible way the development and advancement of the
public library at local, regional, state, and national levels.
j. Participate in advocacy initiatives including, but not limited to, local issues,
including funding issues and requests, state advocacy activities, and federal
advocacy initiatives.
Sec. 1.08 Amendments
These bylaws may be amended by a majority vote of the Library Board regular
members at any regular meeting, provided all members have been notified of the
proposed amendment. Such amendment would then be subject to approval by the
Town Council.
Page 55
Item 7.
Page 1 of 2
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon awarding CSP No. 2020-42-A to Zayo Group, LLC, as submitted by
Sandler Partners, an internet provider distributor, related to dedicated fiber internet services at
Town Hall, and authorizing the Town Manager to execute a Service Order for same.
Description of Agenda Item:
On March 14, 2017, the Town Council approved a two-year agreement with AT&T for 100 megabit
per second fiber internet service at Town Hall. After the expiration of that agreement, the Town
issued CSP No. 2020-42-A in order to obtain proposals for a 1 gigabit fiber internet connection.
The Town received four proposals. The evaluation committee, comprised of three (3) I.T. staff,
evaluated the proposals based on the following criteria:
Price (50%)
Technical Compliance (25%)
Project Implementation (25%)
After completion of the evaluation process, staff recommends awarding the CSP to Zayo Group,
LLC, as submitted by Sandler Partners, as the best value proposal. The service term will be 60
months.
Budget Impact:
The recurring service fee is $896.99 a month/$10,763.88 annually, and $53,819.40 for the 60
month term. This agreement will result in an annual savings of $7,356.00 over the current month-
to-month agreement with AT&T. Funding for this service is included in Information Technology’s
operating budget, and will be funded from 100-5526-10-05 (Data Network). Subsequent annual
expenditures will be subject to budget appropriations granted in future fiscal years.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the Service Order as to form and
legality.
Prosper is a place where everyone matters.
INFORMATION
TECHNOLOGY
Page 56
Item 8.
Page 2 of 2
Attached Documents:
1. Evaluation Matrix
2. Zayo Service Order
3. Zayo Master Customer Agreement
4. Customer Schedule
5. IP Justification Form
Town Staff Recommendation:
Staff recommends awarding CSP No. 2020-42-A to Zayo Group, LLC, as submitted by Sandler
Partners, an internet provider distributor, related to dedicated fiber internet services at Town Hall,
and authorizing the Town Manager to execute a Service Order for same.
Proposed Motion:
I move to award CSP No. 2020-42-A to Zayo Group, LLC, as submitted by Sandler Partners, an
internet provider distributor, related to dedicated fiber internet services at Town Hall, and
authorizing the Town Manager to execute a Service Order for same.
Page 57
Item 8.
CSP NO. 2020-42-A
EVALUATION MATRIX - BASE SERVICES
Evaluation Criteria Weighting WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Technical Compliance 45%5.00 2.25 5.00 2.25 5.00 2.25 5.00 2.25
Project Implementation 10%4.33 0.43 3.67 0.37 5.00 0.50 7.00 0.70
Price 30%7.12 2.14 1.82 0.54 10.00 3.00 7.87 2.36
TOTAL 85%4.82 3.16 5.75 5.31
DEDICATED FIBER INTERNET CONNECTIVITY
Cequel Communications, LLC dba
Suddenlink
Grayson Collin Communications
(Cutter Communications, Inc.)
Sandler Partners (Zayo) Sandler Partners (NextLink)
Attachment 1
Page 58
Item 8.
Master Customer Agreement (Ver. 2.1.2019)
Confidential and Proprietary
1
MASTER CUSTOMER AGREEMENT
This Master Customer Agreement (“MCA”) is made effective as of (Month) (Day) , 20 (YR) (“Effective Date”)
between Zayo Group, LLC, a Delaware limited liability company, and its Affiliates (defined below), with an address of
1821 30th Street, Unit A, Boulder, CO 80301 (collectively “Zayo” and each Affiliate a “Zayo Affiliate”) and (Insert
Customer Name) ,a (Insert Country/State/Province/etc) (Insert corporation/limited liability company/partnership/etc.)
with an address of (Insert Address) (“Customer”). Zayo and Customer each may be referred to herein as a “Party” and
collectively as the “Parties”. “Affiliate” shall mean any entity controlled by, controlling or under common control with
the applicable Party.
ARTICLE 1 - GENERAL
1.1 Agreement Structure. This MCA provides general terms and conditions under which Customer may from
time to time purchase access to and utilization of selected portions of the Zayo fiber network and associated
infrastructure ("Access") and certain related telecommunications and infrastructure services (“Services”) from Zayo.
Terms and conditions that apply to Access and to each type of Service are set forth in customer schedules (each a
“Customer Schedule”) and in the supplemental terms and conditions (“Supplemental Terms and Conditions”)
attached to Customer Orders (defined below). This MCA, applicable Customer Schedules, applicable Supplemental
Terms and Conditions, Customer Orders and any other attachments and/or addendums are hereby incorporated herein
and shall collectively be referred to as the “Agreement”. Customer acknowledges and accepts the applicable terms
and conditions of the Agreement by signing the Agreement and/or by using Access or Services or allowing others to
do so. Any part of the Agreement may be entered into and performed by any Zayo Affiliate, including a Zayo Affiliate
authorized to provide Access or Services in any country or jurisdiction, and any independent contractor or other third
party may perform any obligations of Zayo under the Agreement.
1.2 Orders for Access and/or Services. Customer may request that Zayo provide Access and/or Services by
submitting a customer order in a form provided by Zayo (“Customer Order”). Customer is responsible for the accuracy
of all information that it provides to Zayo. Each accepted Customer Order shall be subject to the Agreement. Customer
Orders shall set forth the term, pricing, Access and Service type and location(s), monthly recurring charge (“MRC”),
non-recurring charge (“NRC”) and any additional terms applicable to the Access and/or Services. All Customer Orders
shall be subject to availability and acceptance by Zayo.
1.3 Term. The term of each Customer Order shall commence on the Activation Date (as defined in the applicable
Customer Schedule) for such Access and/or Service and continue for the period of time specified in that Customer
Order, and thereafter shall automatically renew for one (1) year periods (collectively, the “Order Term”) until terminated
by either Party upon at least ninety (90) days written notice prior to the end of the Order Term. Customer shall continue
to be responsible for payment to Zayo for the Access and Services to be terminated through the end of the ninety (90)
day notice period. Following the initial Order Term, Zayo reserves the right to increase rates for any Access and
Services provided thereunder upon at least thirty (30) days’ notice. The term of the Agreement is coterminous with the
longest Order Term thereunder.
1.4 Order of Precedence. In the event of an express conflict between terms in the Agreement, precedence will
be given, as applicable, in the following order: (a) the Customer Order, (b) the Supplemental Terms and Conditions, (c)
the Customer Schedule and (d) the MCA.
ARTICLE 2 - PAYMENT TERMS
2.1 Credit Approval/Deposits. Zayo may require a deposit as a condition to accepting a Customer Order or if
Customer fails to timely pay its invoices. Zayo shall refund any deposit, less any amount Customer owes to Zayo, when
Access or Services are discontinued or when Zayo determines that such deposit is no longer required.
2.2 Invoicing and Payment Terms. Zayo may commence billing and Customer shall be liable for payment upon
the Activation Date. Zayo will provide Customer with a monthly itemized invoice for the Access and Services together
with all other charges due. Customer shall pay to Zayo all amounts due in full, without offset or reduction, within thirty
(30) days from the date of the invoice (“Due Date”). Invoice amounts not paid on or before the Due Date shall bear
interest at the rate of one and one-half percent (1.5%) per month or the highest lawful rate, whichever is lower. Unless
otherwise stated in the Agreement, Zayo shall invoice Customer for any NRC upon acceptance of a Customer Order.
2.3 Invoice Disputes. Customer is responsible for all charges respecting the Access and Services, even if
incurred as the result of unauthorized use. If Customer reasonably disputes any portion of an invoice, Customer shall
timely pay all undisputed amounts and shall notify Zayo in writing and provide detailed documentation supporting its
dispute within thirty (30) days of the invoice date or Customer’s right to any billing adjustment shall be waived. If the
Attachment 3
Page 59
Item 8.
Master Customer Agreement (Ver. 2.1.2019)
Confidential and Proprietary
2
dispute is resolved against Customer, Customer shall pay such amounts due plus interest, as set forth in Section 2.2
above, from the date the payment was originally due.
2.4 Taxes and Other Fees and Surcharges. Excluding taxes based on Zayo’s net income, Customer shall be
responsible for all Taxes (defined below) and Other Fees and Surcharges (defined below) arising in any jurisdiction
imposed on or incident to the provision, sale or use of Access or Services, including but not limited to value added,
consumption, sales, use, gross receipts, foreign withholding (which will be grossed up), excise, access and bypass
(collectively “Taxes”) and any property, franchise, rights of way, license or permit, regulatory or other taxes, duties,
fees, charges or surcharges (collectively “Other Fees and Surcharges”), imposed on Zayo, Customer or a Customer’s
end user (“End User(s)”). Charges for Access and Services are exclusive of any Taxes and Other Fees and
Surcharges. Taxes and Other Fees and Surcharges may be recovered through imposition of a percentage surcharge
on the charges for Access and Services to Customer. Customer may present Zayo with a valid exemption certificate
(in a form reasonably acceptable to Zayo) eliminating Zayo’s liability to pay certain Taxes and Other Fees and
Surcharges; Zayo will give effect thereto prospectively.
ARTICLE 3 - DEFAULT
If Customer fails to make any payment due under the Agreement and such failure continues for five (5) days after
receiving notice thereof, or if a Party fails to cure any material breach of any term of the Agreement within thirty (30)
days of receiving notice of the breach from the other Party, then the non-breaching Party may: (a) terminate the
Agreement in whole or in part and (b) subject to the liability limitations stated herein, pursue any available remedies at
law or in equity.
ARTICLE 4 - LIABILITIES
4.1 General Limitations. To the extent allowed by law, Zayo shall enjoy any statutory protections granted to utility
and infrastructure providers and shall not be liable for injury to or death of any person and for damage to or loss of any
property arising out of or attributable to its operations and performance under the Agreement. Customer’s sole and
exclusive remedy for any non-performance, defect or failure to deliver the Access or Service are the performance
credits and/or other remedies expressly stated in the relevant Customer Schedule. Zayo’s total liability for any and all
causes and claims whether based in contract, warranty, tort or otherwise shall be limited to the lesser of (a) the actual
direct damages sustained by Customer in connection with the affected Customer Order and affected Access or Service,
or (b) an amount equivalent to the total MRC payable by Customer over the preceding three (3) months for the Access
or Service affected or if the claim arises prior to the Activation Date, an amount equivalent to the total MRC payable by
Customer for the first three (3) months of the Order Term.
4.2 Special Damages. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 4.5 OF THIS MCA, NEITHER
PARTY SHALL BE LIABLE TO THE OTHER PARTY FOR ANY DAMAGES FOR LOST PROFITS, LOST REVENUES,
LOSS OF GOODWILL, LOSS OF DATA, ANTICIPATED SAVINGS OR COST OF PURCHASING REPLACEMENT
SERVICES, OR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES ARISING OUT OF THE PERFORMANCE OR FAILURE TO PERFORM UNDER THIS MCA OR ANY
CUSTOMER ORDER.
4.3 No Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, ZAYO MAKES NO
WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW,
STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF DESCRIPTION, QUALITY, COMPLETENESS,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OF THE ACCESS OR SERVICES
HEREUNDER OR ANY OTHER MATTER AND ANY SUCH WARRANTIES ARE HEREBY EXCLUDED AND
DISCLAIMED.
4.4 No Liability for Certain Actions. Zayo exercises no control over and is not responsible for the content of any
information transmitted or received through the use of the Access or the Services. Other than as expressly stated in
the Agreement, Customer shall be solely responsible for all of the security and confidentiality of information it transmits
using the Access or Service. Customer shall be solely responsible for all customer support, pricing and service plans,
billing and collections with respect to its End Users, including obtaining all necessary legal or regulatory approvals to
provide or terminate the provision of the access, product or service to its End Users. Use of the Access and Services
is at Customer's own risk.
4.5 Indemnification. Each Party (an “Indemnifying Party”) shall indemnify, defend and hold harmless the other
Party, its directors, officers, employees, agents, contractors, successors and assigns (“Indemnified Party”) harmless
from and against all losses, damages, costs, expenses and liabilities (including reasonable attorney’s fees and
expenses) incurred by such Indemnified Party arising from any third party claims relating to any physical damage to
Attachment 3
Page 60
Item 8.
Master Customer Agreement (Ver. 2.1.2019)
Confidential and Proprietary
3
tangible property, or personal injury or death, caused by the gross negligence or willful misconduct of the Indemnifying
Party, provided, however, that Zayo is not obligated to indemnify Customer, and Customer shall defend and indemnify
Zayo as an Indemnified Party, for any claims or actions commenced by any third party, including End Users, arising
from or in connection with goods or services provided by Customer that incorporate any of the Access or Services,
including without limitation claims relating to or arising from Access or Service degradation or outage.
ARTICLE 5 – MISCELLANEOUS PROVISIONS
5.1 Confidentiality. Information or documentation exchanged between the Parties in performing this Agreement,
including the terms of this Agreement, are subject to the terms of any non-disclosure agreement in effect between the
Parties, and if none, the Parties agree to keep any such information which is of a confidential nature confidential and
not disclose such information to third parties (other than to vendors and Affiliates).
5.2 Force Majeure. Neither Party shall be liable, nor shall any credit allowance or other remedy be extended, for
any failure or hindrance of performance hereunder due to causes beyond its reasonable control. The Party claiming
relief under this Section shall notify the other Party of the occurrence or existence of the event and of the termination
of such event.
5.3 Subject to Laws. Each Party is responsible for complying with applicable laws and regulations, including but
not limited to applicable: (a) federal, state and local laws; (b) regulations, rulings and orders of government agencies;
(c) data protection legislation; (d) laws, statutes, regulations and codes relating to anti-bribery and anti-corruption; and
(e) import, export and economic sanction laws and regulations. Neither Party shall use the Access or Services for any
unlawful purposes.
5.4 Governing Law; Venue. The Agreement shall be governed by and construed in accordance with the laws of
Colorado, without giving effect to any conflict of law principles. Venue for any dispute arising under the Agreement shall
be Denver, Colorado. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
5.5 Prevailing Party. If suit is brought or an attorney is retained by either party to enforce the terms of the
Agreement or to collect any money as due hereunder or to collect any money damages for breach hereof, the prevailing
party shall be entitled to recover its reasonable attorneys’ fees and related expenses incurred in connection therewith.
5.6 Assignment. Customer shall not transfer or assign, voluntarily or by operation of law or otherwise, its
obligations under the Agreement without the prior written consent of Zayo. Zayo may assign in whole or in part the
Agreement or any of its rights and obligations hereunder to any Zayo Affiliate without prior notice to Customer. The
Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
5.7 Notices. Notices under this MCA shall be in writing and delivered by certified mail, return receipt requested,
or by a nationally recognized courier to the persons whose names and business addresses appear below, and such
notice shall be effective on the date of receipt, or refusal of delivery, by the receiving Party. In addition to the foregoing
notice requirement, if Customer is disconnecting Access or discontinuing Service(s) of any type for any
reason, Customer must submit the disconnection request through the form located at
https://www.zayo.com/disconnectservice/
If to Zayo: If to Customer:
Zayo Group, LLC [INSERT]
Attn: General Counsel, Legal Attn: (Insert Name)
1821 30th Street, Unit (Address)
Boulder, CO 80301 City, St, Zip
Billing Disputes: (if this “Customer” section is left blank, notice shall be
deemed effective if delivered to Customer’s registered
office address or the last Customer address provided
to Zayo by Customer)
Zayo Group, LLC
Attn: Accounts Receivable
1821 30th Street, Unit A
Boulder, CO 80301
customerservice@zayo.com
Attachment 3
Page 61
Item 8.
Master Customer Agreement (Ver. 2.1.2019)
Confidential and Proprietary
4
5.8 No Third Party Beneficiaries. The representations, warranties, covenants and agreements of the Parties set
forth herein are not intended for, nor shall they be for the benefit of or enforceable by, any third party or person not a
Party hereto, including without limitation, End Users.
5.9 Entire Agreement; Amendment. The Agreement constitutes the entire and final agreement and
understanding between the Parties, expressed or implied, with respect to the Access and Services and supersedes all
other prior or contemporaneous representations, understandings or agreements. No alteration or variation of the terms
of any provision shall be valid unless made in writing and signed by the Parties. If any provision of the Agreement shall
be held to be invalid or unenforceable, the remaining provisions of the Agreement shall be unimpaired and shall remain
in effect and be binding upon the Parties. No course of dealing and no failure to exercise any right hereunder shall be
construed as a waiver of any provision hereof.
5.10 Relationship and Counterparts. The Agreement does not create a partnership, joint venture or agency
relationship between the Parties. Neither Party shall have any authority to bind the other Party to any agreement,
understanding or other instrument, in any manner whatsoever. The Agreement may be executed in one or more
counterparts, all of which taken together shall constitute one instrument. The Agreement may be executed via a
recognized electronic signature service (e.g., Docusign) and/or may be delivered by facsimile transmission and/or
signed, scanned and emailed to Zayo, and any such signatures shall be treated as original signatures.
ZAYO GROUP, LLC [CUSTOMER NAME]
Signature: Signature:
Name: Name:
Title: Title:
Attachment 3
No signature required
Page 62
Item 8.
Page 1 of 6
Ethernet, IP, and WANs Customer Schedule (Ver. 2.26.19)
Confidential and Proprietary
CUSTOMER SCHEDULE
Ethernet, IP, & WANs
This Ethernet, IP, and WANs Customer Schedule (“Customer Schedule”) dated MONTH DAY, 20 YR, is subject to, and made a part of,
that Master Customer Agreement or Master Service Agreement (“MCA” or “Master Customer Agreement”) dated MONTH DAY, 20 YR
entered into between the undersigned Parties. Zayo owns and operates fiber networks and other related telecommunications facilities
and is in the business of providing certain Ethernet, IP, and WANs connectivity offerings (each, an “Offering”, collectively, "Offerings").
Capitalized terms not defined herein will have the meaning ascribed to such terms in the MCA.
1.DEFINITIONS. The following additional definitions shall apply to Offerings:
1.1 95th Percentile Calculation means the calculation method used to measure Bandwidth usage for Customer Orders which
specify Burst Bandwidth. Samples of average Bandwidth utilization rates of both inbound and outbound traffic from Customer
port(s) are collected in five (5) minute intervals over a calendar month. The higher of such samples (Inbound or Outbound)
are placed on a list and sorted from highest to lowest in amount of Mbps. The highest five percent (5%) of samples are
discarded and the next highest sample is chosen to represent the 95th percentile calculation for that month.
1.2 Allocated MRC means, for a multipoint Offering, a portion of MRC allocated by Offering and/or each Customer location as
specified on a Customer Order, and if not so specified in a Customer Order then prorated based on the number of locations
associated with the Offering.
1.3 Bandwidth means the amount of data (quantified as Mbps (“M”) or Gbps (“G”)) made available to Customer as specified in
a Customer Order, or in the event of usage based billing, the amount of data actually transmitted by Customer’s Equipment.
1.4 Bandwidth Commitment means the Customer’s commitment to pay for a certain level of Bandwidth on a monthly basis.
Customer agrees to pay the MRC specified on the Customer Order as a minimum monthly charge regardless of actual usage.
Any applicable Bandwidth Commitment will be specified on a Customer Order.
1.5 Burst Bandwidth means the amount of Bandwidth usage, based on the 95th Percentile Calculation, in excess of a Bandwidth
Commitment. Any usage in excess of the Bandwidth Commitment will incur additional MRC based on the 95th Percentile
Calculation. Burst Bandwidth must be specified on a Customer Order to be applicable.
1.6 Demarcation Point means the interface port where Zayo hands off service to Customer unless otherwise specified on a
Customer Order.
1.7 NNI means “Network-to-Network Interface” and is an interface used to interconnect a customer’s network to Zayo’s network.
1.8 Off-Net means any Offering which does not meet the definition of On-Net in Section 1.9.
1.9 On-Net means any Offering which connects two locations to which Zayo is already providing the same type of Offering at
the time of the Customer Order and which is provisioned entirely on Zayo facilities and does not include any Third Party
Offerings (as defined herein) or special construction.
1.10 Protected Offering means an Offering which includes a protection scheme that allows traffic to be rerouted in the event of
a fiber cut or equipment failure. For an Offering to be deemed a Protected Offering hereunder, the Customer Order for such
Offering shall specifically state that such Offering is a Protected Offering.
1.11 Offering Element means each Offering element set forth in Section 6 for which a Performance Level Target is prescribed
(e.g. Availability and Latency).
1.12 Third Party Cloud Provider (TPCP) means a non-Zayo entity to which Customer desires to interconnect an Offering and
with which Customer has a direct commercial relationship.
1.13 UNI means “User Network Interface” and is an interface used to interconnect a customer’s network to Zayo’s network.
1.14 Unprotected Offering means Offering which does not include a protection scheme that allows traffic to be rerouted in the
event of a fiber cut or equipment failure. Any Offering not expressly designated as a Protected Offering on the applicable
Customer Order shall be deemed an Unprotected Offering.
2.ACCEPTABLE USE POLICY. All Offerings are subject to and conditioned upon Zayo’s Acceptable Use Policy published at
www.zayo.com, which is hereby incorporated into this Customer Schedule.
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3. OFFERING DESCRIPTIONS
3.1 IP Transit/DIA Offerings
a) IP Transit (“IP Transit”) provides multiservice 1G, 10G and/or 100G ports (minimum 1G commit for a 10G port) available
only in designated Zayo IP Points of Presence (“POP”). Customer provides cross-connect within POP.
b) Dedicated Internet Access (“DIA”) is connectivity and access to the Internet via Zayo’s peering arrangements with
various Internet service providers. DIA is provided from a Zayo POP to a customer location.
c) Additional Features: Customer may request related services, including additional IP addresses, aggregated billing, Burst
Bandwidth, primary and secondary domain name service (“DNS”), or border gateway protocol (“BGP”) services.
d) DDoS Protection Offering. Distributed denial of service (“DDoS”) attacks may from time to time affect the Offering that
Zayo provides to Customer by flooding Customer’s system with incoming traffic. Zayo’s DDoS protection Offering (“DDoS
Protection”) is an optional service which attempts to mitigate DDoS attacks in accordance with the following procedure:
1. Prior to the Activation Date, Customer and Zayo shall agree on a list of IP addresses to which the DDoS
Protection applies;
2. Upon service activation, Zayo will perform an analysis of Customer’s normal Internet traffic and use this traffic
profile to identify potential anomalies that could indicate a DDoS attack;
3. Upon detection of anomaly that is indicative of a DDoS attack, Zayo will notify pre-determined Customer
contacts that traffic patterns indicate a DDoS attack;
4. DDoS Protection includes managed re-routing of Customer’s DDoS-impacted traffic to one of Zayo’s global
scrubbing facilities which attempts to identify and remove the offending traffic; and
5. DDoS Protection does not include: load balancing of traffic or of the Offerings; permanent archival/storage of
log files; forensics or investigations; legal case preparation or PR incident support; security consulting
services; disaster recovery planning; or permanent filtering/cleaning of traffic.
6. DDoS Unpredictability - Customer acknowledges and agrees that: (1) due to the unpredictable nature of DDoS
attacks, there is no guarantee or warranty hereunder concerning the ability of the DDoS Protection to mitigate
or defeat any DDoS attack; and (2) Zayo shall have no liability whatsoever for damages related to lost data,
lost profits or lost revenues, even if Zayo has been advised of the possibility of such damages, or damages
which result from any failure or inability of the DDoS Protection to mitigate or defeat any one or more DDoS
attacks.
7. Special Terms for Sustained DDoS Attack - Zayo may suspend or blackhole Customer’s traffic without notice
if Customer suffers a sustained DDoS attack whereby Customer’s traffic materially impacts Zayo’s network.
3.2 Ethernet LAN (“ELAN”) is a layer 2 service comprised of a connection to a Zayo POP providing multipoint-to-multipoint
Ethernet transport between Customer locations. ELAN Offering can support unicast traffic and a limited amount of multicast
or broadcast traffic. ELAN can be provided with QoS which allows Customer to differentiate traffic within the ELAN and on
the Zayo network.
3.3 Ethernet (“Ethernet”) is a layer 2 service that provides dedicated or shared point-to-point or point-to-multipoint connectivity
for transport of voice, data, video or other forms of communications traffic. Ethernet Offerings meet IEEE 802.3 standards
and uses 802.1Q VLAN tagging and stacking to support certain configurations. Ethernet Offerings generally follow the Metro
Ethernet Forum definitions of Ethernet Private Line (“EPL”) and Ethernet Virtual Private Line (“EVPL”) network configurations
and can be purchased with the following configurations:
a) EPL: Metro or intercity Offering comprised of a UNI at each Customer site connected via an Ethernet virtual circuit (“EVC”)
providing point-to-point Ethernet transport.
b) EVPL – UNI: A UNI handoff which connects to an NNI via an EVC.
c) EVPL – NNI: A NNI handoff which aggregates multiple EVC Offerings.
3.4 IP for Virtual Private Networks (“IP-VPN”) is a layer 3 service leveraging Zayo’s IP network. IP-VPN provides a virtual
private network (“VPN”) that supports the interconnection of multiple Customer locations through Zayo’s multiprotocol label
switching (“MPLS”) network backbone. IP-VPN is delivered to the Customer premises over On-Net or Off-Net facilities, and
distributed as a Layer 3 Internet Protocol (“IP”) service from the Customer premises equipment (“CPE”) router. IP-VPN can
be provided with On-Net QoS which allows Customer to differentiate traffic within the IP-VPN Offering and on the Zayo
network.
a) Management Type: IP-VPN Offering may be available with the following managed service options on a per-location basis.
1. Unmanaged: Access to utilization reporting in the Tranzact portal.
2. Basic Management: Access to utilization and performance reporting in the Tranzact portal and Offering may
be offered with Proactive Notification (see Section 3.7) as an optional service.
3. Advanced Management: Includes Basic Management features plus router configuration, change
management, and hardware support.
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b)IP-VPN Managed Router: Customer may request Zayo provide a CPE router to enable the following Zayo-managed
configurations. Advanced Management is required for this option.
1.Customer edge routing protocol enablement
2.Dynamic Host Configuration Protocol (DHCP) server or DHCP relay
3.Access Control Lists (ACL)
4.Static routes
5.Secondary IP address
6.Read Only Simple Network Management Protocol (ROSNMP) access
7.Netflow to Customer collector
3.5 Software-Defined Wide Area Network (“SD-WAN”) is a virtual overlay to IP-VPN or DIA which provides a fully-meshed,
private VPN service. SD-WAN is a managed service using controllers, network gateways, and Zayo-provided hardware and
software at the Customer premises. SD-WAN may be configurable with QoS and application level traffic steering and includes
an online portal. Off-Net access methods for SD-WAN may include “bring-your-own-Internet-access” over wired or wireless
connectivity. After SD-WAN activation, Customer may submit change requests to Zayo or request access to self-manage
configurations via the portal. Zayo will provide up to five (5) configuration changes per network, per month, subject to
availability, at no additional charge, however, Zayo may charge Customer for excessive changes or corrections.
3.6 WAN CloudLink is an Offering that enables Customer to extend their IP-VPN, SD-WAN, or ELAN to a TPCP in order to
share TPCP services to one (1) or more Customer locations on the IP-VPN, SD-WAN, or ELAN. WAN CloudLink service is
provided from an On-Net provider edge router (“PE”) with direct connectivity to the TPCP location.
a)BGP Management: Customer must establish a direct relationship with each TPCP and is solely responsible for all charges
or costs from the TPCP. Customer is responsible for: (1) all BGP sessions connecting to and within the TPCP network;
and (2) all public and private addresses required by the TPCP.
b)Managed IP-VPN Option: IP-VPN connectivity for CloudLink may include Zayo-provided managed routers at the Customer
premises. This option may include Network Address Translation (NAT) for the integration of public TPCP offerings.
3.7 Proactive Notification is an option for IP-VPN, ELAN, SD-WAN, IP Transit, and DIA in which Zayo monitors the network
delivering an Offering for Outages, correlates an event to an Offering, and provides notification of such outage to Customer.
Proactive Notification is provided in two configurations:
a)Basic Notification: Zayo will send notification of a detected outage to Customer. Customer is responsible to verify the
Offering outage and contact the NCC to open a trouble ticket.
b)Advanced Notification: Zayo will send notification of a detected outage to Customer and open a trouble ticket.
4.COMPONENTS AND INSTALLATION.
4.1 Zayo Components. Zayo, or its agent, may provide, install, maintain, repair, operate and control Zayo’s components and
equipment (“Zayo Components”). The Zayo Components shall remain the sole and exclusive property of Zayo, and nothing
contained herein shall give or convey to Customer, or any other person, any ownership right, title or interest whatsoever in
the Zayo Components (other than the access rights included within an Offering), notwithstanding that such Zayo Components
may be, or become, attached to, or embedded in, realty. Customer shall not tamper with, remove or conceal any identifying
plates, tags or labels identifying Zayo’s ownership interest in the Zayo Components. Customer shall not adjust, align, attempt
to repair, relocate or remove the Zayo Components, except as expressly authorized in writing by Zayo. Customer shall be
liable for any loss of or damage to the Zayo Components caused by Customer’s negligence, intentional acts, or unauthorized
maintenance and shall reimburse Zayo for the same within thirty (30) days after receipt by Customer of a request for
reimbursement. Customer, at its sole cost and expense, shall be required to obtain space and power to support the Zayo
Components for the Offering for the duration of the Order Term.
4.2 Access and Customer Premises Obligations. Customer, at its sole cost and expense, shall provide Zayo with all
necessary information and access to all applicable Customer locations for purposes of providing the Offerings, including
installation, maintenance, and repair of Zayo Components on Customer premises. For purposes of the preceding sentence,
“access” shall include without limitation any necessary license(s) to access, occupy and conduct telecommunication
operations within each respective building and or property for the duration of the Order Term (including any necessary rights
for Zayo to enter and access each building, and for providing all necessary cable pathways, building access and/or occupancy
fees, riser fees, cross-connects and cross-connect fees, coordination at any third party owned location, and, where
applicable, necessary space for Zayo’s fiber termination panel). However, notwithstanding Customer’s foregoing
responsibility, if Zayo is required by a third party to obtain and maintain any such license to access the building or property,
Customer agrees to reimburse Zayo for its costs related to obtaining and maintaining such licenses during the Order Term.
Zayo shall provide reasonable notice under the circumstances to Customer prior to entering Customer’s point of presence to
install, maintain or repair any of the Zayo Components. Customer will provide a safe place to work and comply with all
applicable laws regarding the working conditions on the Customer premises.
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4.3 Customer Equipment. Customer is responsible, at its sole cost and expense, for connecting to the Demarcation Point
specified in the Customer Order. Components, equipment and operations beyond the Demarcation Point and/or
interconnection between Zayo’s facilities and terminal components and the wiring at the Demarcation Point shall be the
responsibility of Customer (“Customer Equipment”). Customer must procure and maintain, at its sole cost and expense,
Customer Equipment which is technically compatible with the Offering and the Zayo network. Zayo shall have no obligation
to install, maintain or repair any non-Zayo components or equipment, including any Customer Equipment. If, on responding
to a Customer-initiated service call, Zayo reasonably determines that the cause of the deficiency was a failure, malfunction
or the inadequacy of components or equipment other than the Zayo Components, Customer shall compensate Zayo for
actual time and materials expended during the service call.
5.SERVICE REQUESTS AND DELIVERY.
5.1 Acceptance and Projected Activation Date. Within five (5) business days of Zayo’s acknowledgment to Customer of
receipt of a Customer Order for On-Net Offerings, or within two (2) business days after Zayo’s receipt of its Off-Net provider’s
projected service activation date for Off-Net Offerings, Zayo will notify Customer (in writing or electronically) of its acceptance
of such Customer Order (“Customer Order Acceptance”), at which time such Customer Order becomes a binding obligation
to purchase the Offerings therein, or rejection of such Customer Order, in which case Zayo will communicate to Customer
why it is unable to accept such Customer Order. Zayo may accept or reject any submitted Customer Order in its sole
discretion.
5.2 Firm Order Commitment Date. Zayo will provide a firm order commitment date (“FOC Date”), a date by which Zayo
estimates it will turn over Offering for Customer’s use, unless a FOC Date is already stated in a Customer Order. For Off-
Net Offerings, Zayo shall notify Customer of the FOC Date within two (2) business days after Zayo receives an installation
date from its Third Party Provider.
5.3 Offering Activation. After Zayo has determined that the Offering conforms to the relevant Customer Order, Zayo will notify
Customer that the Offering has been activated in accordance with the Customer Order and is available for use by Customer
(“Offering Activation Notice”). The “Activation Date” shall be the earlier of (i) the date on which Customer begins using
the Offering for any purpose other than testing; or (ii) the date that Zayo has sent the Offering Activation Notice to Customer.
Customer shall have two (2) days following the Activation Date in which to notify Zayo that it is rejecting the Offering because
the Offering does not conform to the Customer Order. If Customer has notified Zayo within such two (2) day period that the
Offering does not conform to the Customer Order, then Zayo shall take such steps reasonably necessary to conform the
Offering to the Customer Order, at which time Zayo shall issue a new Offering Activation Notice and the acceptance process
above shall be repeated. If the Activation Date is delayed as a result of Customer’s failure to meet its responsibilities under
the MCA or this Customer Schedule, the Activation Date will be deemed to be the later of (a) the FOC Date or (b) the date
that Zayo has completed its tasks to deliver the Offering to the best of its ability.
5.4 Incrementally Delivered Offerings. Unless otherwise specified in a Customer Order, Zayo may incrementally deliver
individual Offerings, when ready, which may result in different Activation Dates for such incrementally delivered Offerings.
For multipoint Offerings, Zayo may incrementally deliver Offering to each Customer location when ready. The Order Term
for incrementally delivered multipoint Offerings shall begin on the Activation Date of the first location and/or circuit delivered
and shall end after the period specified as the Order Term from the Activation Date of the last location and/or circuit delivered.
Unless otherwise set forth in a Customer Order, the charges associated with a delivered service will be based upon the
Allocated MRC. Any Bandwidth Commitment for an incrementally delivered service will be proportionally reduced to reflect
the number of locations incrementally delivered out of the total number of locations included under such Bandwidth
Commitment and Burst Bandwidth will be determined by using the level then in effect as of the last day of each calendar
month. For all multipoint Offerings, Outage Credits shall be granted only to affected Customer locations based on Allocated
MRC.
6.PERFORMANCE LEVEL TARGETS
6.1 Availability: For IP-VPN, ELAN, CloudLink, SD-WAN, and Ethernet, “Availability” means the percentage of time that a
Customer location is connected to and can be reached by one or more other Customer locations on the same Customer
network. For DIA and IP Transit, Availability means the percentage of time a Customer location can access the Internet. The
Availability measurement period begins when a Zayo trouble ticket is opened and is calculated on a calendar month basis.
The Offering Credit available to Customer is ten percent (10%) of Allocated MRC for each full hour that the Offering is
unavailable following the Performance Level Target set forth below. Outage Credits are available for On-Net Offerings only
for IP-VPN, ELAN, DIA, IP Transit, CloudLink, and Ethernet and for On-Net and Off-Net Offerings for SD-WAN (as described
below).
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6.2 Latency (Inter-frame Delay): “Latency” means time it takes for a packet of data to get from one Customer premises to a
separate Customer premises and back. The Performance Level Target for Latency is applicable to packets that traverse a
single network and conform to the performance attributes of the Offering. Latency Performance Level Targets are available
for On-Net IP-VPN, ELAN, SD-WAN, and Ethernet Offerings and Outage Credits are calculated as ten percent (10%) of
Allocated MRC for each hour beyond two (2) hours that the Offering fails to meet the Performance Level Target.
Geography Performance Level Target
On-Net National or regional
(distances up to 2500 miles) < 65 ms
On-Net National or regional
(distances over 2500 miles) < 85 ms
On-Net Global < 300 ms
6.3 Packet Delivery: “Packet Delivery” means the percentage of IP packets that are successfully transmitted across the
Customer’s network without loss, measured in each direction between Zayo PEs serving the applicable Customer location.
The Performance Level Target for Packet Delivery is applicable to packets that traverse a single network and conform to the
performance attributes of the Offering. Packet Delivery Performance Level Targets are applicable to On-Net IP-VPN, ELAN,
SD-WAN, and Ethernet Offerings and Outage Credits are calculated as ten percent (10%) of Allocated MRC for each hour
beyond two (2) hours that the Offering fails to meet the Performance Level Target.
Geography Performance
Level Target
Distance up to 2500 miles 99.995%
Distance over 2500 miles 99.95%
Global 99.9%
6.4 Jitter (Inter-frame Deviation): “Jitter” means the one-way variance in the arrival time of packets at a Zayo PE serving the
applicable Customer location, given that the packets are of equal size and presented at a constant rate, without error, and
within contracted delivery rates. Zayo calculates Jitter as an average of each direction’s jitter between two Customer locations.
Jitter Performance Level Targets are applicable to On-Net IP-VPN, ELAN, and SD-WAN Offerings and Outage Credits are
calculated as ten percent (10%) of Allocated MRC for each hour beyond two (2) hours that the Offering fails to meet the
Performance Level Target.
CE to CE Distance Performance Level
Target
Regional (intracontinental) < 3 ms
Global (intercontinental) < 10 ms
6.5 Quality of Offering: “QoS” means the option for prioritized traffic from applications that may compete for the same network
resources by assigning pre-determined levels of network priority to bandwidth. QoS Performance Level Targets are applicable
to On-Net Ethernet Offerings and Outage Credits are calculated as ten percent (10%) of Allocated MRC for each hour beyond
two (2) hours that the Offering fails to meet the Performance Level Target. The following levels of QoS may be available
(“QoS Classes”):
Availability
Offering Configuration Performance Level
Target
IP-VPN
Unprotected
Protected, single PE
Protected, dual PE
99.5%
99.9%
99.99%
ELAN
Unprotected
Protected, single PE
Protected, dual PE
99.5%
99.9%
99.99%
DIA Unprotected
Protected
99.5%
99.95%
IP Transit Unprotected
Protected
99.5%
99.95%
CloudLink Protected 100%
SD-WAN
On-Net, single CPE, single access
On-Net/Off-Net, single CPE, dual diverse access
On-Net/Off-Net, dual CPE, 3 or more diverse access
99.9%
99.99%
100%
Ethernet Unprotected
Protected
99.5%
99.99%
Attachment 4
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Item 8.
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Ethernet, IP, and WANs Customer Schedule (Ver. 2.26.19)
Confidential and Proprietary
6.6 DDoS: If purchased, Zayo will initiate DDoS Protection (“Protection Initiation”) within fifteen (15) minutes after Zayo receives
authorization from the Customer to begin protection and a trouble ticket is opened (“Authorization”). If Protection Initiation
does not occur within fifteen (15) minutes of Authorization, then the Offering Credit is ten percent (10%) of Allocated MRC for
each subsequent fifteen (15) minute period that Protection Initiation has not yet occurred.
7 OUTAGE CREDITS.
7.1 Outage. Zayo will issue Outage Credits to Customer for circuits affected by interruptions in Offering for Offering Element
failures set forth in Section 6 (“Outage"); provided, however, that any such interruption or failure of an Offering Element will
not be deemed an Outage if caused by: (a) any act or omission of the Customer or its End User Customers, or their
representatives, contractors, agents, authorized invitees, successors or assigns; (b) the configuration, failure or malfunction
of non-Zayo equipment or systems; (c) scheduled maintenance or planned enhancements or upgrades to Zayo's network;
(d) Zayo not being given reasonable access to the premises; (e) Customer exceeding the maximum capacity of a port
connection or any other rate limitation as set forth in the applicable Customer Order; or (f) a Force Majeure Event. Each of
the events described in this Section 8 (a), (b), (c), (d), (e) and (f) shall be deemed an “Excused Outage.”
7.2 Outage Credit. In the event of an Outage not due to an Excused Outage, Customer may be entitled to one of the service
credits set forth in Section 6 (“Outage Credit”). For any multipoint Offering, the Allocated MRC shall be used for purposes
of calculating Outage Credit per the table in Section 6. For purposes of determining the amount of an Outage Credit, the
duration of an Outage begins when Zayo records a trouble ticket number and ends when the Offering is restored or not failing
to meet the Performance Level Targets in Section 6 ("Outage Duration"). Outage Duration is applicable to specific affected
circuits and shall not be aggregated among circuits for purposes of determining Outage Credit. Unless otherwise specified,
the Performance Level Objectives applicable to CloudLink Offerings shall be the Performance Level Objectives applicable to
the underlying Offering used to deliver such CloudLink Offering. In the event of an Outage during which Customer
experiences multiple Offering Element failures and/or Outages, the Outage Credits for each affected Offering Element shall
not be aggregated; rather, the Outage Credit shall be the greater of the Outage Credit applicable to any individual Offering
Element in Section 6. The maximum Outage Credit in a calendar month for any affected circuit shall not exceed 50% of the
Allocated MRC for the affected circuit.
8 ISSUANCE OF CREDITS. In order to receive Outage Credit, Customer must (a) immediately report the Outage to the NCC and
open a trouble ticket and (b) make a written request for an Outage Credit within seven (7) days following the end of the month in
which the Outage occurred. Upon receipt of Customer’s request, Zayo will investigate the claim under the terms described in this
Customer Schedule. Credits will be granted only if Customer has paid all outstanding invoices by the Due Dates thereof. The
issuance of credits pursuant to this Section is Zayo's sole obligation and Customer's sole remedy for any failure or non-performance
of Offerings set forth in this Customer Schedule. Outage Credits shall be deducted from the charges payable by Customer
hereunder and shall be expressly indicated on the Customer invoice.
9 THIRD PARTY SERVICES. The Offerings may incorporate services provided by a third party (“Third Party Provider”), including,
but not limited to, interconnect services (collectively “Third Party Offerings”). The costs of Third Party Offerings will be reflected
in the applicable Customer Order provided that, following written notice to Customer, Zayo may adjust the rates for Offerings that
incorporate Third Party Offerings to reflect, without mark up, any increases in costs imposed on Zayo for Third Party Offerings
after the effective date of the applicable Customer Order. The service-specific terms and performance metrics associated with
Third Party Offerings, including any available credits for non-performance or service degradation, are limited to Zayo’s terms with,
and credits collected from, the applicable Third Party Provider. If Customer cancels an Offering that incorporates Third Party
Offerings without cause prior to the expiration of the applicable Order Term, Customer shall reimburse Zayo for any costs incurred
by Zayo to terminate such Third Party Offerings. Where a Customer has requested a disconnect for an Offering for which an
LOA/CFA was required, the Customer must produce documentation of disconnect confirmation (disconnect FOC or other) from
the Third Party Provider.
ZAYO GROUP, LLC COMPANY NAME
Signature: Signature:
Name: Name:
Title: Title:
QoS Classes Performance
Level Target
Critical 99.8%
Preferred 99.7%
Attachment 4
No signature required
Page 68
Item 8.
IPv4 Configuration & Address Request Form
Customer Information
Company Name:Request Date:2/14/2020
Technical Contact:Email:leigh_johnson@prospertx.gov
Title:Phone Number:972-569-1150
Site Location:SO, SOC, or CID
Instructions
Zayo IP Address Policy
Acceptable IP Justification Plans
Customers should provide at least one of the following types of descriptions:
(1) A network plan showing machine utilization and/or customer links. Describe expected future growth.
(2) A list of IP addresses being returned to different ISP. Must include a letter from the other ISP stating that the space will be returned.
(3) A list of Virtual Hostnames and a technical reason why an IP is required for that virtual host.
Current Address Space Usage (List address space in use in your network from all sources)
Assigned By Date Assigned % currently in Use
AT&T 5/1/2017 100
Speed of Light Broadband 2/1/2017 61
List Upstream providers and Peers (if applicable)
Number of new public hosts you will be numbering in the next 3 mos.
Briefly describe products and services offered by your company
Public IPv4 IP Address Space Requested
/31
None
IP Configuration Details
Optional BGP or static configuration parameters.
Who is the specific contact from your NAME:
company that will turn up this location?PHONE:
EMAIL:
IP Address Justification Plan (As appropriate, please attach a separate page or worksheet. See above for acceptable submissions.)
12.189.44.240
38.135.40.0
/29
/27
If BGP, what route-type would you like Zayo to
advertise to you?
26
We are a local government offering many web-accessible services to residents, most via https.
Leigh Johnson
Additional Zayo Static or BGP block size? (CIDR notation)
(requires justification as cited above*)
Zayo connected/local interface IPv4 address block size? (CIDR)
If BGP, what is your ASN? (Zayo = AS6461)
If static, are there networks you already own that you'd
like Zayo to route to you over this connection?
Optional BGP MD5 authentication?
(Zayo default is no MD5 password)
If BGP, please provide prefixes you will announce.
Zayo default accepts all subnets of listed networks.
(Use IPv4.prefix tab for longer lists*)
972-569-1150
leigh_johnson@prospertx.gov
Network prefix (e.g. 111.22.33.0)Size (e.g. /24)
Town of Prosper
Leigh Johnson
Director of Information Technology
250 W. First St. Prosper, TX 75078
Please provide your IP Address Justification Plan to your sales representative. Please allow 1-3 working days for Zayo approval and IP reassignment.
Temporary, emergency addresses are available through Zayo's Network Management Center (NMC).
This form must be completed by the customer so that Zayo can properly configure and activate the ordered Zayo Service(s). If not requesting IP Addresses from Zayo and using static
routing, or requesting less than a /24, complete only the IP Configuration Details section. If running BGP with Zayo, complete the entire form. This form is for IPv4 addresses. If also
requesting IPv6 addresses, you must also complete the IPv6 Configuration & Address Request Form. A new form must be completed by the customer and submitted to Zayo each
time the customer requests additional IP addresses.
Customers with direct IP allocations from ARIN/RIPE must receive additional IP space from ARIN/RIPE.
Zayo will not allocate IP resources to any customer with a direct ARIN/RIPE allocation.
Customers requesting a /23 or greater will be referred to the appropriate regional registry. With all other requests, Customers must provide an IP justification plan that explains how the
IP addresses will be used. IP addresses assigned to customers by Zayo are in conjunction with their Zayo Service. Upon termination of service, the assigned IP addresses must be
returned to Zayo. Please see Address-Pricing tab for associated monthly charges.
Customers MUST use 60% of the IP addresses requested on the day of installation, with a one-week grace period to cover equipment problems. This means that if Customers request
16 IP addresses, at least 9 addresses must be able to be "pinged" one week after installation. This also means that inverse names must be assigned for each of these addresses.
Customers MUST use 80% of assigned addresses within 3 months, or the addresses will be withdrawn.
Customers MUST use 90% of assigned addresses before Zayo will issue any additional addresses.
One or more justification plans are required by Zayo's IP reassignment policy (also refer to RFC-2050 & ARIN Number Resource Policy Manual, at www.arin.net/policy/nrpm.html or
RIPE-492 (IPv4), RIPE-481 (IPv6) at www.ripe.net/ripe/docs/index.html. Additionally, Customer must provide reverse DNS names for IP addresses and contact information to be
published in ARIN's whois (swip) database. Zayo may reevaluate previous reassignments before granting additional IP space.
None Static BGP
Prosper IP Justification Form.xlsx
Page 69
Item 8.
Firewall
Page 70
Item 8.
Page 1 of 2
To: Mayor and Town Council
From: Frank E. Jaromin, Public Works
Through: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon approving an annual fixed-price agreement for the purchase of Neptune
water meters and related items, at the unit prices guaranteed, from Core & Main, a sole source
provider.
Description of Agenda Item:
Due to high demand and long lead time for orders, staff is requesting to establish an annual fixed-
price agreement for the purchase of the Town’s standard Neptune water meters, in order to create
a more efficient ordering process. Core & Main, the only authorized distributor of Neptune
products in our area, has provided a guaranteed price list for products effective through the end
of 2020. Orders will be placed on an as-needed basis only, and at the guaranteed price. For each
subsequent year, the price list will be updated accordingly.
This purchase falls within the definition of a procurement that is available from only one source
(Chapter 252 of the Local Government Code) and is exempt from competitive bidding
requirements. Core & Main is the only authorized distributor of Neptune water meters in the North
Texas region.
Budget Impact:
This is an approved FY 2019-2020 budget item for meter purchases (200-5545-50-02). The
estimated expenditure for this FY is $199,516.30. Subsequent annual expenditures will be subject
to appropriations granted in future fiscal years.
Attached Documents:
1. Neptune Authorized Distributor List
2. Core & Main Price List
3. Summation of Quantities
Prosper is a place where everyone matters.
PUBLIC WORKS
Page 71
Item 9.
Page 2 of 2
Town Staff Recommendation:
Staff recommends approving an annual fixed-price agreement for the purchase of Neptune water
meters and related items, at the unit prices guaranteed, from Core & Main, a sole source provider.
Proposed Motion:
I move to approve an annual fixed-price agreement for the purchase of Neptune water meters and
related items, at the unit prices guaranteed, from Core & Main, a sole source provider.
Page 72
Item 9.
Page 73Item 9.
Page 74
Item 9.
5/8" PD Meter $95.61 30 $2,868.30
1" Pro Coder Meter $174.00 750 $130,500.00
1 1/2" Pro Coder Meter $376.00 10 $3,760.00
1 1/2" HPT Meter $579.00 10 $5,790.00
2" Pro Coder Meter $463.00 50 $23,150.00
2" HPT Meter $612.00 48 $29,376.00
3" Compound Meter $2,036.00 2 $4,072.00
Total: $199,516.30
2020 Meter Pricing Price Quantity Total
Page 75
Item 9.
Page 1 of 2
To: Mayor and Town Council
From: Pete Anaya, P.E., Assistant Director of Engineering Services – Capital
Projects
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon awarding CSP No. 2020-25-B to Pavecon Public Works, LP, related to
construction services for the Cook Lane Phase 2 Improvement project; and authorizing the Town
Manager to execute a construction agreement for same.
Description of Agenda Item:
On December 6, 2019, at 2:00 p.m., eight Competitive Sealed Proposals (CSP) were received for
the Cook Lane Phase 2 Improvement project. The project was advertised using the Competitive
Sealed Proposal alternative procurement method to allow the Town to award the project to the
contractor that offers the best value proposal based on the following criteria:
Qualifications and Experience (30%)
o Outline contractor and subcontractor experience with similar projects.
o Outline qualifications of key personnel assigned to this project.
o Provide references.
Project Timeline (20%)
Cost Proposal (50%)
The verified cost proposals ranged between $1,160,086.65 and $1,960,328.26. The Engineer's
estimate was $1,053,981. The proposed final completion times ranged from 120 calendar days to
215 calendar days. Pavecon Public Works, LP (Pavecon) was the firm ranked the highest after
consideration of Costs, Time, and Qualifications with a cost of $1,160,086.65, and a project
timeline of 120 calendar days. Once the ranking of firms was complete with Pavecon ranking the
highest, negotiations with Pavecon allowed the final construction amount to be lowered to
$1,130,824.47, a cost savings of $29,262.18.
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
Page 76
Item 10.
Page 2 of 2
Budget Impact:
The FY 2019-2020 Capital Improvement Program includes $2,100,000 in roadway improvements
for the Cook Lane Phase 1 & 2 projects. The funding source is Account No. 750-6610-50-00-1708-
ST.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard construction
agreement as to form and legality.
Attached Documents:
1. Proposal Evaluation Matrix
2. Construction Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council Award CSP No. 2020-25-B to Pavecon Public
Works, LP, related to construction services for the Cook Lane Phase 2 project; and authorize the
Town Manager to execute a construction agreement for same.
Proposed Motion:
I move to award CSP No. 2020-25-B to Pavecon Public Works, LP, related to construction services
for the Cook Lane Phase 2 project; and authorize the Town Manager to execute a construction
agreement for same.
Page 77
Item 10.
CSP NO. 2020-25-B
EVALUATION CRITERIA WEIGHTING POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
POINTS WEIGHTED
SCORE
Qualifications and Experience 30%7.50 2.25 8.50 2.55 6.00 1.80 6.00 1.80 6.00 1.80 8.00 2.40 8.00 2.40 7.50 2.25
Proposed Project Timeline 20%7.06 1.41 7.13 1.43 5.83 1.17 10.00 2.00 5.83 1.17 8.41 1.68 7.13 1.43 4.67 0.93
Cost Proposal 50%9.41 4.71 9.64 4.82 6.08 3.04 5.92 2.96 9.01 4.50 10.00 5.00 9.11 4.55 7.97 3.99
TOTAL 100% 8.37 8.80 6.01 6.76 7.47 9.08 8.38 7.17
COOK LANE PHASE 2
ED BELL
CONSTRUCTION
COMPANY
GROD
CONSTRUCTION, LLC
HQS CONSTRUCTION JOE FUNK
CONSTRUCTION, INC.
MARIO SINACOLA &
SONS EXCAVATING,
INC.
PAVECON PUBLIC
WORKS, LP
TISEO PAVING CO. XIT PAVING AND
CONSTRUCTION, INC.
EVALUATION MATRIX - BASE SERVICES
Page 78
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
1
CONTRACT DOCUMENTS AND SPECIFICATIONS
FOR
COOK LANE PHASE 2
CSP NO. 2020-25-B
TOWN OF PROSPER
COLLIN COUNTY, TEXAS
TOWN OFFICIALS
Ray Smith, Mayor
Curry Vogelsang, Jr., Mayor Pro-Tem
Jason Dixon, Deputy Mayor Pro-Tem
Marcus E. Ray, Place 1
Craig Andres, Place 2
Meigs Miller, Place 4
Jeff Hodges, Place 5
Harlan Jefferson, Town Manager
Page 79
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
2
TABLE OF CONTENTS
TABLE OF CONTENTS .................................................................................................. 2
LEGAL NOTICE .............................................................................................................. 3
INSTRUCTIONS TO PROPOSERS ................................................................................ 4
SAMPLE CONSTRUCTION AGREEMENT .................................................................... 5
PERFORMANCE BOND ............................................................................................... 17
PAYMENT BOND.......................................................................................................... 20
MAINTENANCE BOND ................................................................................................. 23
SPECIAL CONDITIONS ................................................................................................ 26
TECHNICAL SPECIFICATIONS ................................................................................... 30
Page 80
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
3
LEGAL NOTICE
The Town of Prosper is accepting competitive sealed proposals for CSP NO. 2020-25-B COOK LANE
PHASE 2. Proposals will be accepted online through IonWave.net, the Town’s e-procurement system, or in
hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St.,
Prosper, Texas 75078 until 2:00 P.M. on Wednesday, December 4, 2019. Any proposals received after
this time will not be accepted, and will be returned unopened. Proposals will be publicly opened and read
aloud in the Finance Conference Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St.,
Prosper, Texas 75078, immediately following the proposal deadline.
The Project consists of furnishing all labor, equipment and materials (except as otherwise specified), and
performing all work necessary for the construction of Cook Lane Phase 2.
Each proposal submitted shall be accompanied by a cashier's check in the amount of 5% of the maximum
amount proposed, payable without recourse to the Town of Prosper, or a Bid Bond in the same amount from
a reliable surety company as a guarantee that, if awarded the contract, the successful Contractor will execute
a Construction Agreement with the Town, including all required bonds and other documents.
The successful Contractor shall furnish a Performance Bond in the amount of 115% of the contract amount,
and a Payment Bond in the amount of 100% of the contract amount, as well as evidence of all required
insurance coverage within ten (10) calendar days of notice of award. The successful Contractor shall also
furnish a Maintenance Bond in the amount of 100% of the contract amount covering defects of material and
workmanship for two calendar years following the Town's approval and acceptance of the construction. An
approved surety company, licensed in the State of Texas, shall issue all bonds in accordance with Texas
law.
Copies of Plans, Specifications, and Contract Documents may be examined at Town of Prosper
Engineering Department, 250 W. First Street, Prosper, Texas, 75078, Phone: (972) 569-1198 without
charge. These documents may be acquired from that office for the non-refundable purchase price of $50 per
set, payable to the Town of Prosper. Copies of Plans, Specifications, and Contract Documents may also be
downloaded free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/business/bid-opportunities/.
Questions and requests for clarifications in regards to this proposal should be emailed directly to January
Cook, CPPO, CPPB, Purchasing Manager, at january_cook@prospertx.gov. The deadline for receipt of
questions and requests for clarifications is 12:00 P.M. on Friday, November 22, 2019. After that day and
time, no further questions or requests for clarifications will be accepted or answered by the Engineer or Town.
Page 81
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
4
INSTRUCTIONS TO PROPOSERS
1. Submittal Deadline: Proposals will be accepted until 2:00 P.M. on Wednesday, December 4, 2019.
2. Submittal Location: Proposals will be accepted online through IonWave.net, the Town’s e-procurement
system, or in hard copy in the Purchasing Office located in the 3rd Floor Finance Suite of Town Hall, 250
W. First St., Prosper, Texas 75078.
3. Electronic Submittal Requirements: If submitting proposal through IonWave.net, Proposer shall complete
all requested information and submit all required documents.
4. Hard Copy Submittal Requirements: If submitting proposal in hard copy, Proposer shall submit one (1)
original and one (1) copy of their proposal in a sealed envelope clearly marked with their name and CSP
NO. 2020-25-B COOK LANE PHASE 2. Proposer shall complete all requested information and submit
all required documents.
5. Proposal Opening: Proposals will be publicly opened and read aloud in the Finance Conference Room,
located in the 3rd Floor Finance Suite of Town Hall, 250 W. First St., Prosper, Texas 75078, immediately
following the proposal deadline.
6. Proposal Documents: Copies of Plans, Specifications, and Contract Documents may be examined
without charge at the following location:
Town of Prosper
Engineering Department
250 W. First Street
Prosper, TX 75078
Phone: 972-569-1198
or
Download free of charge from Current Bidding Opportunities, at the following link:
http://www.prospertx.gov/business/bid-opportunities/.
7. Questions and Requests for Clarification: Questions and requests for clarifications in regard to this
proposal should be emailed directly to January Cook, CPPO, CPPB, Purchasing Manager, at
january_cook@prospertx.gov. The deadline for receipt of questions and requests for clarifications is
12:00 P.M. on Wednesday, November 20, 2019. After that day and time, no further questions or
requests for clarifications will be accepted or answered by the Engineer or Town.
8. Addenda: If it becomes necessary to provide additional information to potential Proposers, the Town of
Prosper will issue an addendum containing the necessary information.
9. Pre-Proposal Meeting: A pre-proposal meeting will not be held for this project.
10. Site Visit: N/A
Page 82
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
5
CONSTRUCTION AGREEMENT
THE STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
This Construction Agreement (the "Agreement") is made by and between Pavecon Public Works,
LP, a Texas Limited Partnership, (the "Contractor") and the Town of Prosper, Texas, a municipal
corporation (the "Owner"). For and in consideration of the payment, agreements and conditions hereinafter
mentioned, and under the conditions expressed in the bonds herein, Contractor hereby agrees to complete
the construction of improvements described as follows:
CSP NO. 2020-25-B
COOK LANE PHASE 2
in the Town of Prosper, Texas, and all extra work in connection therewith, under the terms as stated in the
terms of this Contract, including all Contract Documents incorporated herein; and at his, her or their own
proper cost and expense to furnish all superintendence, labor, insurance, equipment, tools and other
accessories and services necessary to complete the said construction in accordance with all the Contract
Documents, incorporated herein as if written word for word, and in accordance with the Plans, which include
all maps, plats, blueprints, and other drawings and printed or written explanatory manner therefore, and the
Specifications as prepared by Town of Prosper or its consultant hereinafter called Engineer, who has been
identified by the endorsement of the Contractor's written proposal, the General Conditions of this Contract,
the Special Conditions of this Contract, the payment, performance, and maintenance bonds hereto attached;
all of which are made a part hereof and collectively evidence and constitute the entire Contract.
A. Contract Documents and Order of Precedence
The Contract Documents shall consist of the following documents:
1. this Construction Agreement;
2. properly authorized change orders;
3. the Special Conditions of this Contract;
4. the General Conditions of this Contract;
5. the Technical Specifications & Construction Drawings of this Contract;
6. the OWNER's Standard Construction Details;
7. the OWNER's Standard Construction Specifications;
8. the OWNER’s written notice to proceed to the CONTRACTOR;
9. the Contractor’s Cost Proposal;
10. any listed and numbered addenda;
11. the Performance, Payment, and Maintenance Bonds; and,
12. any other proposal materials distributed by the Owner that relate to the Project.
These Contract Documents are incorporated by reference into this Construction Agreement as if set
out here in their entirety. The Contract Documents are intended to be complementary; what is called for by
one document shall be as binding as if called for by all Contract Documents. It is specifically provided,
however, that in the event of any inconsistency in the Contract Documents, the inconsistency shall be
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Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
6
resolved by giving precedence to the Contract Documents in the order in which they are listed herein above.
If, however, there exists a conflict or inconsistency between the Technical Specifications and the Construction
Drawings it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions
control before undertaking any work on that component of the project. Should the Contractor fail or refuse
to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that
component of the project, the Contractor shall be solely responsible for the costs and expenses - including
additional time - necessary to cure, repair and/or correct that component of the project.
B. Total of Payments Due Contractor
For performance of the Work in accordance with the Contract Documents, the Owner shall pay the
Contractor in current funds an amount not to exceed One Million One Hundred Twenty-Seven Thousand
Nineteen Dollars and Twenty-Seven cents ($1,127,019.27). This amount is subject to adjustment by
change order in accordance with the Contract Documents.
C. Dates to Start and Complete Work
Contractor shall begin work within ten (10) calendar days after receiving a written Notice to Proceed
or written Work Order from the Owner. All Work required under the Contract Documents shall be substantially
completed within 110 calendar days after the date of the Notice to Proceed for the base proposal. Within 10
additional calendar days after Substantial Completion, all outstanding issues shall be addressed and ready
for final payment.
Under this Construction Agreement, all references to “day” are to be considered “calendar days”
unless noted otherwise.
D. CONTRACTOR'S INDEMNITY TO THE OWNER AND OTHERS
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY,
DEFEND AND HOLD HARMLESS THE TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR
AND TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH
THEIR PUBLIC AND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL CITATIONS, CLAIMS,
COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES,
SUITS OR CAUSES OF ACTION OF EVERY KIND INCLUDING ALL EXPENSES OF LITIGATION AND/OR
SETTLEMENT, COURT COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OF ANY PROPERTY
OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OF CONTRACTOR, ITS
SUBCONTRACTORS, ANY OFFICERS, AGENTS OR EMPLOYEES OF CONTRACTOR OR ANY
SUBCONTRACTORS, INVITEES, AND ANY OTHER THIRD PARTIES OR PERSONS FOR WHOM OR
WHICH CONTRACTOR IS LEGALLY RESPONSIBLE, IN ANY WAY ARISING OUT OF, RELATING TO,
RESULTING FROM, OR IN CONNECTION WITH THE PERFORMANCE OF THIS CONTRACT, AND
CONTRACTOR WILL AT HIS OR HER OWN COST AND EXPENSE DEFEND AND PROTECT TOWN OF
PROSPER (OWNER) FROM ANY AND ALL SUCH CLAIMS AND DEMANDS.
CONTRACTOR DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE, INDEMNIFY,
DEFEND AND HOLD HARMLESS TOWN OF PROSPER (OWNER) TOGETHER WITH ITS MAYOR AND
TOWN COUNCIL AND ALL OF ITS OFFICIALS, OFFICERS, AGENTS, AND EMPLOYEES, FROM AND
Page 84
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
7
AGAINST ANY AND ALL CITATIONS, CLAIMS, COSTS, DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR CAUSES OF ACTION OF EVERY KIND
INCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT COSTS AND ATTORNEYS
FEES FOR INJURY OR DEATH OF ANY PERSON OR FOR LOSS OF, DAMAGES TO, OR LOSS OF USE
OF ANY PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THIS
CONTRACT. SUCH INDEMNITY SHALL APPLY WHETHER THE CITATIONS, CLAIMS, COSTS,
DAMAGES, DEMANDS, EXPENSES, FINES, JUDGMENTS, LIABILITY, LOSSES, PENALTIES, SUITS OR
CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE TOWN OF
PROSPER (OWNER), ITS MAYOR AND TOWN COUNCIL, OFFICERS, OFFICIALS, AGENTS OR
EMPLOYEES. IT IS THE EXPRESS INTENTION OF THE PARTIES HERETO THAT THE INDEMNITY
PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY CONTRACTOR TO INDEMNIFY AND PROTECT
TOWN OF PROSPER (OWNER) FROM THE CONSEQUENCES OF TOWN OF PROSPER’S (OWNER'S)
OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE OR CONCURRING CAUSE OF THE
INJURY, DEATH OR DAMAGE.
IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BY ANY
EMPLOYEE OF THE CONTRACTOR, ANY SUB-CONTRACTOR, ANYONE DIRECTLY OR INDIRECTLY
EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE, THE
INDEMNIFICATION OBLIGATION HEREIN PROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY
LIMITATION ON THE AMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BY
OR FOR THE CONTRACTOR OR ANY SUB-CONTRACTOR UNDER WORKMEN'S COMPENSATION OR
OTHER EMPLOYEE BENEFIT ACTS.
INDEMNIFIED ITEMS SHALL INCLUDE ATTORNEYS' FEES AND COSTS, COURT COSTS, AND
SETTLEMENT COSTS. INDEMNIFIED ITEMS SHALL ALSO INCLUDE ANY EXPENSES, INCLUDING
ATTORNEYS' FEES AND EXPENSES, INCURRED BY AN INDEMNIFIED INDIVIDUAL OR ENTITY IN
ATTEMPTING TO ENFORCE THIS INDEMNITY.
In its sole discretion, the Owner shall have the right to approve counsel to be retained by Contractor
in fulfilling its obligation to defend and indemnify the Owner. Contractor shall retain approved counsel for the
Owner within seven (7) business days after receiving written notice from the Owner that it is invoking its right
to indemnification under this Construction Agreement. If Contractor does not retain counsel for the Owner
within the required time, then the Owner shall have the right to retain counsel and the Contractor shall pay
these attorneys' fees and expenses.
The Owner retains the right to provide and pay for any or all costs of defending indemnified items,
but it shall not be required to do so. To the extent that Owner elects to provide and pay for any such
costs, Contractor shall indemnify and reimburse Owner for such costs.
(Please note that this “broad-form” indemnification clause is not prohibited by Chapter 151 of the Texas
Insurance Code as it falls within one of the exclusions contained in Section 151.105 of the Texas
Insurance Code.)
Page 85
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
8
E. Insurance Requirements
Contractor shall procure and maintain for the duration of the contract, insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder by the vendor, his agents, representatives, employees or
subcontractors. The cost of such insurance shall be included in the contractor’s proposal. A certificate
of insurance meeting all requirements and provisions outlined herein shall be provided to the Town
prior to any services being performed or rendered. Renewal certificates shall also be supplied upon
expiration. Certificates holder shall be listed as follows, with the project/contract number referenced:
Town of Prosper
Attn: Purchasing Manager
P.O. Box 307
Prosper, Texas 75078
re: CSP No. 2020-25-B COOK LANE PHASE 2
1. Minimum Scope of Insurance
Coverage shall be at least as broad as:
a. ISO Form Number GL 00 01 (or similar form) covering Comprehensive General
Liability. “Occurrence” form only, “claims made” forms are unacceptable.
b. Workers’ Compensation insurance as required by the Labor Code of the State of
Texas, including Employers’ Liability Insurance.
c. Automobile Liability as required by the State of Texas, covering all owned, hired, or
non-owned vehicles. Automobile Liability is only required if vehicle(s) will be used
under this contract.
2. Minimum Limits of Insurance
Contractor shall maintain throughout contract limits not less than:
a. Commercial General Liability: $1,000,000 per occurrence / $2,000,000 in the
aggregate for third party bodily injury, personal injury and property damage. Policy
will include coverage for:
1) Premises / Operations
2) Broad Form Contractual Liability
3) Products and Completed Operations
4) Personal Injury
Page 86
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
9
5) Broad Form Property Damage
6) Explosion Collapse and Underground (XCU) Coverage.
b. Workers’ Compensation and Employer’s Liability: Workers’ Compensation limits as
required by the Labor Code of the State of Texas and Statutory Employer’s Liability
minimum limits of $100,000 per injury, $300,000 per occurrence, and $100,000 per
occupational disease.
c. Automobile Liability: $1,000,000 Combined Single Limit. Limits can only be reduced
if approved by the Town. Automobile liability shall apply to all owned, hired and non-
owned autos.
d. Builders’ Risk Insurance: Completed value form, insurance carried must be equal to
the completed value of the structure. Town shall be listed as Loss Payee.
e. $1,000,000 Umbrella Liability Limit that follows form over underlying Automobile
Liability, General Liability, and Employers Liability coverages.
3. Deductible and Self-Insured Retentions
Any deductible or self-insured retentions in excess of $10,000 must be declared to and
approved by the Town.
4. Other Insurance Provisions
The policies are to contain, or be endorsed to contain the following provisions:
a. General Liability and Automobile Liability Coverage
1) The Town, its officers, officials, employees, boards and commissions and
volunteers are to be added as “Additional Insured’s” relative to liability
arising out of activities performed by or on behalf of the contractor, products
and completed operations of the contractor, premises owned, occupied or
used by the contractor. The coverage shall contain no special limitations on
the scope of protection afforded to the Town, its officers, officials,
employees or volunteers.
2) The contractor’s insurance coverage shall be primary insurance in respects
to the Town, its officers, officials, employees and volunteers. Any insurance
or self- insurance maintained by the Town, its officers, officials, employees
or volunteers shall be in excess of the contractor’s insurance and shall not
contribute with it.
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Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
10
3) Any failure to comply with reporting provisions of the policy shall not affect
coverage provided to the Town, its officers, officials, employees, boards
and commissions or volunteers.
4) The contractor’s insurance shall apply separately to each insured against
whom the claim is made or suit is brought, except to the limits of the
insured’s limits of liability.
b. Workers’ Compensation and Employer’s Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Town, its
officers, officials, employees and volunteers for losses arising from work performed
by the contractor for the Town.
c. All Coverages
Each insurance policy required by this clause shall be endorsed to state that
coverage shall not be suspended, voided, canceled or non-renewed by either party,
reduced in coverage or in limits except after 30 days written notice to the Town for
all occurrences, except 10 days written notice to the Town for non-payment.
5. Acceptability of Insurers
The Town prefers that Insurance be placed with insurers with an A.M. Best’s rating of no
less than A- VI, or better.
6. Verification of Coverage
Contractor shall provide the Town with certificates of insurance indicating coverage’s
required. The certificates are to be signed by a person authorized by that insurer to bind
coverage on its behalf. Certificates of Insurance similar to the ACORD Form are acceptable.
Town will not accept Memorandums of Insurance or Binders as proof of insurance.
The Town reserves the right to require complete, certified copies of all required insurance
policies at any time.
F. Performance, Payment and Maintenance Bonds
The Contractor shall procure and pay for a Performance Bond applicable to the work in the amount
of one hundred fifteen percent (115%) of the total proposed price, and a Payment Bond applicable to the
work in the amount of one hundred percent (100%) of the total proposed price. The Contractor shall also
procure and pay for a Maintenance Bond applicable to the work in the amount of one hundred percent (100%)
of the total proposed price. The period of the Maintenance Bond shall be two years from the date of
acceptance of all work done under the contract, to cover the guarantee as set forth in this
Construction Agreement. The performance, payment and maintenance bonds shall be issued in the form
attached to this Construction Agreement as Exhibits B, C and D. Other performance, payment and
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Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
11
maintenance bond forms shall not be accepted. Among other things, these bonds shall apply to any work
performed during the two-year warranty period after acceptance as described in this Construction Agreement.
The performance, payment and maintenance bonds shall be issued by a corporate surety,
acceptable to and approved by the Town, authorized to do business in the State of Texas, pursuant to
Chapter 2253 of the Texas Government Code. Further, the Contractor shall supply capital and surplus
information concerning the surety and reinsurance information concerning the performance, payment and
maintenance bonds upon Town request. In addition to the foregoing requirements, if the amount of the bond
exceeds One Hundred Thousand Dollars ($100,000) the bond must be issued by a surety that is qualified as
a surety on obligations permitted or required under federal law as indicated by publication of the surety’s
name in the current U.S. Treasury Department Circular 570. In the alternative, an otherwise acceptable
surety company (not qualified on federal obligations) that is authorized and admitted to write surety bonds in
Texas must obtain reinsurance on any amounts in excess of One Hundred Thousand Dollars ($100,000)
from a reinsurer that is authorized and admitted as a reinsurer in Texas who also qualifies as a surety or
reinsurer on federal obligations as indicated by publication of the surety’s or reinsurer’s name in the current
U.S. Treasury Department Circular 570.
G. Progress Payments and Retainage
As it completes portions of the Work, the Contractor may request progress payments from the Owner.
Progress payments shall be made by the Owner based on the Owner's estimate of the value of the Work
properly completed by the Contractor since the time the last progress payment was made. The "estimate of
the value of the work properly completed" shall include the net invoice value of acceptable, non-perishable
materials actually delivered to and currently at the job site only if the Contractor provides to the Owner
satisfactory evidence that material suppliers have been paid for these materials.
No progress payment shall be due to the Contractor until the Contractor furnishes to the Owner:
1. copies of documents reasonably necessary to aid the Owner in preparing an estimate of the
value of Work properly completed;
2. full or partial releases of liens, including releases from subcontractors providing materials or
delivery services relating to the Work, in a form acceptable to the Owner releasing all liens
or claims relating to goods and services provided up to the date of the most recent previous
progress payment;
3. an updated and current schedule clearly detailing the project’s critical path elements; and
4. any other documents required under the Contract Documents.
Progress payments shall not be made more frequently than once every thirty (30) calendar days
unless the Owner determines that more frequent payments are appropriate. Further, progress payments are
to be based on estimates and these estimates are subject to correction through the adjustment of subsequent
progress payments and the final payment to Contractor. If the Owner determines after final payment that it
has overpaid the Contractor, then Contractor agrees to pay to the Owner the overpayment amount specified
by the Owner within thirty (30) calendar days after it receives written demand from the Owner.
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The fact that the Owner makes a progress payment shall not be deemed to be an admission by the
Owner concerning the quantity, quality or sufficiency of the Contractor's work. Progress payments shall not
be deemed to be acceptance of the Work nor shall a progress payment release the Contractor from any of
its responsibilities under the Contract Documents.
After determining the amount of a progress payment to be made to the Contractor, the Owner shall
withhold a percentage of the progress payment as retainage. The amount of retainage withheld from each
progress payment shall be set at five percent (5%). Retainage shall be withheld and may be paid to:
a. ensure proper completion of the Work. The Owner may use retained funds to pay
replacement or substitute contractors to complete unfinished or defective work;
b. ensure timely completion of the Work. The Owner may use retained funds to pay liquidated
damages; and
c. provide an additional source of funds to pay claims for which the Owner is entitled to
indemnification from Contractor under the Contract Documents.
Retained funds shall be held by the Owner in accounts that shall not bear interest. Retainage not
otherwise withheld in accordance with the Contract Documents shall be returned to the Contractor as part of
the final payment.
H. Withholding Payments to Contractor
The Owner may withhold payment of some or all of any progress or final payment that would
otherwise be due if the Owner determines, in its discretion, that the Work has not been performed in
accordance with the Contract Documents. The Owner may use these funds to pay replacement or substitute
contractors to complete unfinished or defective Work.
The Owner may withhold payment of some or all of any progress or final payment that would
otherwise be due if the Owner determines, in its discretion, that it is necessary and proper to provide an
additional source of funds to pay claims for which the Owner is entitled to indemnification from Contractor
under the Contract Documents.
Amounts withheld under this section shall be in addition to any retainage.
I. Acceptance of the Work
When the Work is completed, the Contractor shall request that the Owner perform a final inspection.
The Owner shall inspect the Work. If the Owner determines that the Work has been completed in accordance
with the Contract Documents, it shall issue a written notice of acceptance of the Work. If the Owner
determines that the Work has not been completed in accordance with the Contract Documents, then it shall
provide the Contractor with a verbal or written list of items to be completed before another final inspection
shall be scheduled.
It is specifically provided that Work shall be deemed accepted on the date specified in the Owner's
written notice of acceptance of the Work. The Work shall not be deemed to be accepted based on
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"substantial completion" of the Work, use or occupancy of the Work, or for any reason other than the Owner's
written Notice of Acceptance. Further, the issuance of a certificate of occupancy for all or any part of the
Work shall not constitute a Notice of Acceptance for that Work.
In its discretion, the Owner may issue a Notice of Acceptance covering only a portion of the Work.
In this event, the notice shall state specifically what portion of the Work is accepted.
J. Acceptance of Erosion Control Measures
When the erosion control measures have been completed, the Contractor shall request that the
Owner perform a final inspection. The Owner shall inspect the Work. If the Owner determines that the Work
has been completed in accordance with the Contract Documents and per TPDES General Construction
Permit, it shall issue a written Notice of Acceptance of the Work. If the Owner determines that the Work has
not been completed in accordance with the Contract Documents or TPDES General Construction Permit,
then it shall provide the Contractor with a verbal or written list of items to be completed before another final
inspection shall be scheduled.
K. Final Payment
After all Work required under the Contract Documents has been completed, inspected, and
accepted, the Town shall calculate the final payment amount promptly after necessary measurements and
computations are made. The final payment amount shall be calculated to:
1. include the estimate of the value of Work properly completed since the date of the most
recent previous progress payment;
2. correct prior progress payments; and
3. include retainage or other amounts previously withheld that are to be returned to Contractor,
if any.
Final payment to the Contractor shall not be due until the Contractor provides original full releases
of liens from the Contractor and its subcontractors, or other evidence satisfactory to the Owner to show that
all sums due for labor, services, and materials furnished for or used in connection with the Work have been
paid or shall be paid with the final payment. To ensure this result, Contractor consents to the issuance of the
final payment in the form of joint checks made payable to Contractor and others. The Owner may, but is not
obligated to issue final payment using joint checks.
Final payment to the Contractor shall not be due until the Contractor has supplied to the Owner
original copies of all documents that the Owner determines are reasonably necessary to ensure both that the
final payment amount is properly calculated and that the Owner has satisfied its obligation to administer the
Construction Agreement in accordance with applicable law. The following documents shall, at a minimum,
be required to be submitted prior to final payment being due: redline as-built construction plans; consent of
surety to final payment; public infrastructure inventory; affidavit of value for public infrastructure; and, final
change order(s). “Redline as-built construction plans” shall include, but are not limited to markups for change
orders, field revisions, and quantity overruns as applicable. The list of documents contained in this provision
is not an exhaustive and exclusive list for every project performed pursuant to these Contract Documents
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and Contractor shall provide such other and further documents as may be requested and required by the
Owner to close out a particular project.
Subject to the requirements of the Contract Documents, the Owner shall pay the Final Payment
within thirty (30) calendar days after the date specified in the Notice of Acceptance. This provision shall apply
only after all Work called for by the Contract Documents has been accepted.
L. Contractor’s Warranty
For a two-year period after the date specified in a written notice of acceptance of Work, Contractor
shall provide and pay for all labor and materials that the Owner determines are necessary to correct all
defects in the Work arising because of defective materials or workmanship supplied or provided by Contractor
or any subcontractor. This shall also include areas of vegetation that did meet TPDES General Construction
Permit during final close out but have since become noncompliant.
Forty-five (45) to sixty (60) calendar days before the end of the two-year warranty period, the Owner
may make a warranty inspection of the Work. The Owner shall notify the Contractor of the date and time of
this inspection so that a Contractor representative may be present. After the warranty inspection, and before
the end of the two-year warranty period, the Owner shall mail to the Contractor a written notice that specifies
the defects in the Work that are to be corrected.
The Contractor shall begin the remedial work within ten (10) calendar days after receiving the written
notice from the Town. If the Contractor does not begin the remedial work timely or prosecute it diligently,
then the Owner may pay for necessary labor and materials to effect repairs and these expenses shall be paid
by the Contractor, the performance bond surety, or both.
If the Owner determines that a hazard exists because of defective materials and workmanship, then
the Owner may take steps to alleviate the hazard, including making repairs. These steps may be taken
without prior notice either to the Contractor or its surety. Expenses incurred by the Owner to alleviate the
hazard shall be paid by the Contractor, the performance bond surety, or both.
Any Work performed by or for the Contractor to fulfill its warranty obligations shall be performed in
accordance with the Contract Documents. By way of example only, this is to ensure that Work performed
during the warranty period is performed with required insurance and the performance and payment bonds
still in effect.
Work performed during the two-year warranty period shall itself be subject to a one-year warranty.
This warranty shall be the same as described in this section.
The Owner may make as many warranty inspections as it deems appropriate.
M. Compliance with Laws
The Contractor shall be responsible for ensuring that it and any subcontractors performing any
portion of the Work required under the Contract Documents comply with all applicable federal, state, county,
and municipal laws, regulations, and rules that relate in any way to the performance and completion of the
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Work. This provision applies whether or not a legal requirement is described or referred to in the Contract
Documents.
Ancillary/Integral Professional Services: In selecting an architect, engineer, land surveyor, or other
professional to provide professional services, if any, that are required by the Contract Documents, Contractor
shall not do so on the basis of competitive bids but shall make such selection on the basis of demonstrated
competence and qualifications to perform the services in the manner provided by Section 2254.004 of the
Texas Government Code and shall so certify to the Town the Contractor's agreement to comply with this
provision with Contractor's bid.
N. “Anti-Israel Boycott” Provision
In accordance with Chapter 2270, Texas Government Code, a Texas governmental entity may not
enter into a contract with a company for the provision of goods or services unless the contract contains a
written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during
the term of the contract. Chapter 2270 does not apply to a (1) a company that is a sole proprietorship; (2) a
company that has fewer than ten (10) full-time employees; or (3) a contract that has a value of less than One
Hundred Thousand Dollars ($100,000.00). Unless the company is not subject to Chapter 2270 for the
reasons stated herein, the signatory executing this Agreement on behalf of the company verifies by its
signature to this Contract that the company does not boycott Israel and will not boycott Israel during the term
of this Contract.
O. Other Items
The Contractor shall sign the Construction Agreement, and deliver signed performance, payment
and maintenance bonds and proper insurance policy endorsements (and/or other evidence of coverage)
within ten (10) calendar days after the Owner makes available to the Contractor copies of the Contract
Documents for signature. Six (6) copies of the Contract Documents shall be signed by an authorized
representative of the Contractor and returned to the Town.
The Construction Agreement "effective date" shall be the date on which the Town Council acts to
approve the award of the Contract for the Work to Contractor. It is expressly provided, however, that the
Town Council delegates the authority to the Town Manager or his designee to rescind the Contract award to
Contractor at any time before the Owner delivers to the Contractor a copy of this Construction Agreement
that bears the signature of the Town Manager and Town Secretary or their authorized designees. The
purpose of this provision is to ensure:
1. that Contractor timely delivers to the Owner all bonds and insurance documents; and
2. that the Owner retains the discretion not to proceed if the Town Manager or his designee
determines that information indicates that the Contractor was not the lowest responsible
bidder or that the Contractor cannot perform all of its obligations under the Contract
Documents.
THE CONTRACTOR AGREES THAT IT SHALL HAVE NO CLAIM OR CAUSE OF ACTION OF
ANY KIND AGAINST OWNER, INCLUDING A CLAIM FOR BREACH OF CONTRACT, NOR SHALL THE
OWNER BE REQUIRED TO PERFORM UNDER THE CONTRACT DOCUMENTS, UNTIL THE DATE THE
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OWNER DELIVERS TO THE CONTRACTOR A COPY OF THE CONSTRUCTION AGREEMENT BEARING THE SIGNATURES JUST SPECIFIED.
The Contract Documents shall be construed and interpreted by applying Texas law. Exclusive venue
for any litigation concerning the Contract Documents shall be Collin County, Texas.
Although the Construction Agreement has been drafted by the Owner, should any portion of the
Construction Agreement be disputed, the Owner and Contractor agree that it shall not be construed more
favorably for either party.
The Contract Documents are binding upon the Owner and Contractor and shall insure to their benefit
and as well as that of their respective successors and assigns.
If Town Council approval is not required for the Construction Agreement under applicable law, then
the Construction Agreement "effective date" shall be the date on which the Town Manager and Town
Secretary or their designees have signed the Construction Agreement. If the Town Manager and Town
Secretary sign on different dates, then the later date shall be the effective date.
PAVECON PUBLIC WORKS, LP
TOWN OF PROSPER, TEXAS
By: By: HARLAN JEFFERSON
Title: Title: Town Manager
Date: Date:
Address: 3022 Roy Orr Blvd
Grand Prairie, TX 75055
Phone: (972) 263-3223
Email:
Address: 250 W. First St.
P.O. Box 307
Prosper, Texas 75078
Phone: (972) 346-2640
Email: harlan_jefferson@prospertx.gov
ATTEST:
ROBYN BATTLE
Town Secretary
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PERFORMANCE BOND
STATE OF TEXAS )
) COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is
__________________________________________________________________________, hereinafter called
Principal, and __________________________________________________________, a corporation organized and
existing under the laws of the State of ______________________________, and fully licensed to transact business in
the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called “Beneficiary”, in the penal
sum of __________________ Dollars ($____________) plus fifteen percent (15%) of the stated penal sum as an
additional sum of money representing additional court expenses, attorneys’ fees, and liquidated damages arising out
of or connected with the below identified Contract in lawful money of the United States, to be paid in Collin County,
Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators
and successors, jointly and severally, firmly by these presents. The penal sum of this Bond shall automatically be
increased by the amount of any Change Order or Supplemental Agreement, which increases the Contract price, but in
no event shall a Change Order or Supplemental Agreement, which reduces the Contract price, decrease the penal
sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain
Contract with the Town of Prosper, the Beneficiary, dated on or about the 25th day of February A.D. 2020, a copy of
which is attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
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in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced
contract such contract being incorporated herein and made a part hereof as fully and to the same extent
as if written herein word for word.
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform and fulfill all of the undertakings,
covenants, terms, conditions and agreements of said Contract in accordance with the Plans, Specifications and
Contract Documents during the original term thereof and any extension thereof which may be granted by the
Beneficiary, with or without notice to the Surety, and during the life of any guaranty or warranty required under this
Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and
agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which
modifications to the Surety being hereby waived; and, if the Principal shall repair and/or replace all defects due to faulty
materials and workmanship that appear within a period of one (1) year from the date of final completion and final
acceptance of the Work by Owner; and, if the Principal shall fully indemnify and save harmless the Beneficiary from
and against all costs and damages which Beneficiary may suffer by reason of failure to so perform herein and shall
fully reimburse and repay Beneficiary all outlay and expense which the Beneficiary may incur in making good any
default or deficiency, then this obligation shall be void; otherwise, it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive Venue shall lie in Collin
County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed thereunder
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or the Plans, Specifications and Drawings, etc., accompanying the same shall in anywise affect its obligation on this
Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work or to the Specifications.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other
applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in
Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may
be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s
Annotated Civil Statutes of the State of Texas.
IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an
original, this, the ________ day of ________________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the
process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP: NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond
must be after date of Contract. If Resident Agent is not a corporation, give a person’s name.
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PAYMENT BOND
STATE OF TEXAS )
) COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That __________________ whose address is
____________________________________________________________________________, hereinafter called
Principal, and__________________________________________________________, a corporation organized and
existing under the laws of the State of ______________________________, and fully licensed to transact business in
the State of Texas, as Surety, are held and firmly bound unto the TOWN OF PROSPER, a home-rule municipal
corporation organized and existing under the laws of the State of Texas, hereinafter called “Owner”, and unto all
persons, firms, and corporations who may furnish materials for, or perform labor upon the building or improvements
hereinafter referred to in the penal sum of ___________________________________ DOLLARS
($_______________) (one hundred percent (100%) of the total bid price) in lawful money of the United States, to be
paid in Collin County, Texas, for the payment of which sum well and truly to be made, we bind ourselves, our heirs,
executors, administrators and successors, jointly and severally, firmly by these presents. The penal sum of this Bond
shall automatically be increased by the amount of any Change Order or Supplemental Agreement, which increases
the Contract price, but in no event shall a Change Order or Supplemental Agreement, which reduces the Contract
price, decrease the penal sum of this Bond.
THE OBLIGATION TO PAY SAME is conditioned as follows: Whereas, the Principal entered into a certain Contract
with the Town of Prosper, the Owner, dated on or about the 25th day of February A.D. 2020, a copy of which is
attached hereto and made a part hereof, to furnish all materials, equipment, labor, supervision, and other
accessories necessary for the construction of:
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NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties and make prompt payment
to all persons, firms, subcontractors, corporations and claimants supplying labor and/or material in the prosecution of
the Work provided for in the above-referenced Contract and any and all duly authorized modifications of said Contract
that may hereafter be made, notice of which modification to the Surety is hereby expressly waived, then this obligation
shall be void; otherwise it shall remain in full force and effect.
PROVIDED FURTHER, that if any legal action were filed on this Bond, exclusive venue shall lie in Collin
County, Texas.
AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no
change, extension of time, alteration or addition to the terms of the Contract, or to the Work performed thereunder, or
the Plans, Specifications, Drawings, etc., accompanying the same, shall in anywise affect its obligation on this Bond,
and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the
Contract, or to the Work to be performed thereunder.
This Bond is given pursuant to the provisions of Chapter 2253 of the Texas Government Code, and any other
applicable statutes of the State of Texas.
The undersigned and designated agent is hereby designated by the Surety herein as the Resident Agent in
Collin County or Dallas County to whom any requisite notices may be delivered and on whom service of process may
be had in matters arising out of such suretyship, as provided by Article 7.19-1 of the Insurance Code, Vernon’s
Annotated Civil Statutes of the State of Texas.
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IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original,
this, the _______ day of _________________, 20___.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
The Resident Agent of the Surety in Collin County or Dallas County, Texas, for delivery of notice and service of the
process is:
NAME:
STREET ADDRESS:
CITY, STATE, ZIP:
NOTE: Date on Page 1 of Performance Bond must be same date as Contract. Date on Page 2 of Performance Bond
must be after date of Contract. If Resident Agent is not a corporation, give a person’s name.
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MAINTENANCE BOND
STATE OF TEXAS )
) COUNTY OF COLLIN )
KNOW ALL MEN BY THESE PRESENTS: That _______________________________ whose address
is________________________________________________, hereinafter referred to as “Principal,” and
___________________________________, a corporate surety/sureties organized under the laws of the State of
____________ and fully licensed to transact business in the State of Texas, as Surety, hereinafter referred to as
“Surety” (whether one or more), are held and firmly bound unto the TOWN OF PROSPER, a Texas municipal
corporation, hereinafter referred to as “Owner,” in the penal sum of ___________________________________
DOLLARS ($_______________) (one hundred percent (100%) of the total bid price), in lawful money of the United
States to be paid to Owner, its successors and assigns, for the payment of which sum well and truly to be made, we
bind ourselves, our successors, heirs, executors, administrators and successors and assigns, jointly and severally; and
firmly by these presents, the condition of this obligation is such that:
WHEREAS, Principal entered into a certain written Contract with the Town of Prosper, dated on or about the 25th day of February 2020, to furnish all permits, licenses, bonds, insurance, products, materials, equipment, labor, supervision, and other accessories necessary for the construction of:
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in the Town of Prosper, Texas, as more particularly described and designated in the above-referenced contract, such
contract being incorporated herein and made a part hereof as fully and to the same extent as if written herein word for
word:
WHEREAS, in said Contract, the Principal binds itself to use first class materials and workmanship and of
such kind and quality that for a period of two (2) years from the completion and final acceptance of the improvements
by Owner the said improvements shall require no repairs, the necessity for which shall be occasioned by defects in
workmanship or materials and during the period of two (2) years following the date of final acceptance of the Work by
Owner, Principal binds itself to repair or reconstruct said improvements in whole or in part at any time within said period
of time from the date of such notice as the Town Manager or his designee shall determine to be necessary for the
preservation of the public health, safety or welfare. If Principal does not repair or reconstruct the improvements within
the time period designated, Owner shall be entitled to have said repairs made and charge Principal and/or Surety the
cost of same under the terms of this Maintenance Bond.
NOW, THEREFORE, if Principal will maintain and keep in good repair the Work herein contracted to be done
and performed for a period of two (2) years from the date of final acceptance and do and perform all necessary work
and repair any defective condition (it being understood that the purpose of this section is to cover all defective conditions
arising by reason of defective materials, work or labor performed by Principal) then this obligation shall be void;
otherwise it shall remain in full force and effect and Owner shall have and recover from Principal and its Surety damages
in the premises as provided in the Plans and Specifications and Contract.
PROVIDED, however, that Principal hereby holds harmless and indemnifies Owner from and against
any claim or liability for personal injury or property damage caused by and occurring during the performance of said maintenance and repair operation.
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PROVIDED, further, that if any legal action be filed on this Bond, exclusive venue shall lie in Collin County,
Texas.
AND PROVIDED FURTHER, Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alteration or addition to the terms of the Contract or to the Work performed thereunder, or the Plans,
Specifications, Drawings, etc. accompanying same shall in any way affect its obligation on this Bond; and it does hereby
waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work to
be performed thereunder.
The undersigned and designated agent is hereby designated by Surety as the resident agent in either Collin
or Dallas Counties to whom all requisite notice may be delivered and on whom service of process may be had in
matters arising out of this suretyship.
IN WITNESS WHEREOF, this instrument is executed in two copies, each one of which shall be deemed an original,
on this the _____ day of ____________, 20____.
ATTEST: PRINCIPAL:
___________________________________
Company Name
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Typed/Printed Name Typed/Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
[Signatures continued on following page.]
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ATTEST: SURETY:
By: _________________________________ By: ________________________________
Signature Signature
____________________________________ ___________________________________
Printed Name Printed Name
____________________________________ ___________________________________
Title Title
____________________________________ ___________________________________
Address Address
____________________________________ ___________________________________
City State Zip City State Zip
___________________________________ ___________________________________
Phone Fax Phone Fax
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SPECIAL CONDITIONS
SC.01 PURPOSE: The Special Conditions contained herein set forth conditions or requirements particular to this
Contract:
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The Special Conditions supplement the General Conditions and the Standard Specifications and take
precedence over any conditions or requirements of the General Conditions and the Standard Specifications
with which they are in conflict.
SC.02 DEFINITIONS: The following words and expressions, or pronouns used in their place, shall wherever they
appear in this Contract, be construed as follows, unless a different meaning is clear from the context:
ENGINEER: The Engineer of Record as shown on the Construction Drawings:
Reece Flanagan, P.E.
SC03. MINIMUM QUALIFICATIONS OF VENDORS: The Town will only consider Bidders who meet the Minimum
Qualifications identified in this section. Should the Town determine, in its sole discretion, that the Bidder does
not meet these Minimum Qualifications, the Town will disqualify the Bidder and its bid will be rejected as non-
responsive. Experience performing projects of similar scope, quantities, and cost will be a primary
consideration of meeting the minimum qualifications.
The Bidder shall submit within five (5) days of the Owner's request such evidence as the Owner may require
to establish its financial responsibility, experience and possession of such equipment as may be needed to
prosecute the work in an expeditious, safe and satisfactory manner. Bidders are subject to disqualification if
they fail to provide evidence within the five-day period. Confident bidders are strongly encouraged to have
this evidence ready by Bid Opening. Submissions will be made to the Director of Engineering Services, Town
of Prosper, 250 W. First Street, Prosper, Texas.
The Town reserves the right to conduct site/yard visits to the Bidders' place of business, yard sites or current
project sites. The required information to be submitted shall consist of, but shall not necessarily be limited to,
the following:
A. Current Project Experience. A list of all projects presently under construction by the bidder including
approximate cost, project start date and estimated completion date shall be submitted.
B. Past Project Experience. A minimum of three (3) comparable projects in each category listed below
meeting the following requirements shall be submitted:
1. Roadway and Drainage Projects
a. Completed within the previous five years from the date of Owner’s request;
b. Located in the Dallas-Fort Worth Metroplex;
c. Total Construction Cost for paving and drainage and related improvements of at
least $500,000;
d. Scope of work consisting of similar items and quantities including concrete paving
and storm drainage improvements; and
e. Copy of actual project schedule used during construction.
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Item 10.
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COOK LANE PHASE 2
27
C. Key Personnel Resumes. If requested, bidder shall provide resumes of LOCAL personnel expected
to oversee this project. Resumes shall be provided for executive and management team as well as
on-site project manager.
D. Financial Statement. Each Bidder shall be prepared to submit upon request of the Owner a financial
statement prepared by an independent Certified Public Accountant with no evidence of threatening
losses (current within the last six (6) months of bid date). This information will be used to confirm
that the Bidder has suitable financial status to meet obligations incidental to performing the work.
E. Proof that the bidder maintains a permanent place of business (must be submitted within five (5)
days if requested).
SC.04 INTRODUCTION: The Town of Prosper (“Town”) is accepting competitive sealed proposals (CSP) for
furnishing all labor, equipment and materials (except as otherwise specified), and performing all work
necessary for the construction of Cook Lane Phase 2.
The contract will be awarded based on the evaluation criteria stated herein. This document provides interested
firms with the information necessary to prepare and submit a proposal for consideration. Proposals are to be
submitted in accordance with this document, and the accompanying instructions.
There is no expressed or implied obligation for the Town to reimburse responding firms for any expenses
incurred in preparing proposals in response to this request. All costs directly or indirectly related to preparation
of a response to this request for competitive sealed proposals (CSP), any oral presentation required to
supplement and/or clarify a proposal, and/or reasonable demonstrations which may be, at its discretion,
required by the Town shall be the sole responsibility of, and shall be borne completely by the proposer.
Proposals for the projects as specified will be received online, or in hard copy. The date/time stamp located
in the Purchasing Office serves as the official time clock. Late Submissions will not be considered.
Submissions received after the stated deadline shall be refused and returned unopened. The Town of Prosper
is not responsible for issues encountered with methods of delivery. The Town reserves the right to reject any
or all proposals submitted.
Proposals submitted will be reviewed by Town staff. It is the responsibility of the proposer to ensure the
receipt of any and all addenda related to the proposal. It shall be the sole responsibility of the respondent to
insure that their proposal is received by the Purchasing Office within the time limit indicated. Late proposals
will not be considered.
During the evaluation process, the Town reserves the right, where it may serve the Town’s best interest, to
request additional information or clarifications from proposers, or to allow corrections of errors or omissions.
At the discretion of the Town, firms submitting proposals may be requested to make oral presentations
as part of the evaluation process, including an oral presentation to the Town Council.
The Town reserves the right to retain all proposals submitted, and to use any ideas in a proposal regardless
of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the
conditions contained in this CSP, unless clearly and specifically noted in the proposal submitted and confirmed
in the contract between the Town and the firm selected. All proposals submitted will remain valid for a
period of 90 days subsequent to the CSP due date.
SC05. SPECIFICATIONS: Proposal must meet or exceed the specifications and requirements herein, in order to be
considered.
Page 105
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
28
SC06: SUBMITTALS: In order for your proposal to be considered responsive, the following information must be
submitted:
A. Qualifications and Experience
1) Outline contractor and subcontractor experience with similar projects, and label as Attachment A1.
2) Outline qualifications of key personnel assigned to this project and label as Attachment A2.
3) Complete the References Worksheet and label as Attachment A3.
B. Pricing
1) For online submissions, please submit the line item pricing.
2) For hard copy submissions, you must print and complete the Bid Lines and submit it with
your proposal.
3) The Town is exempt from paying Texas State or local sales and use taxes. Please ensure
the prices proposed do not include taxes.
C. Bid Proposal Conditions (Bid Attributes)
1) For online submissions, you must select “I Agree” for each condition.
2) For hard copy submissions, you must complete and print the Bid Attributes section and
submit it with your proposal.
D. Supplier Information
1) For hard copy submissions, you must complete and print the Supplier Information section
and submit it with your proposal.
SC07: EVALUATION CRITERIA: A review committee will evaluate submissions received in accordance with the
general criteria defined herein. Failure of respondents to provide in their submission any information requested
in this CSP may result in disqualification of the submission. The objective of the review committee will be to
select the Proposal that provides the best value to the Town. The decision made by the Town of Prosper will
be final. The agreement will be awarded based on the following evaluation criteria:
A. Qualifications and Experience (30%)
B. Proposed Project Timeline (20%)
C. Cost Proposal (50%)
SC08: INTERVIEWS AND PRESENTATIONS: In fairness to all firms, requests for interviews prior to the closing
time and date will not be permitted. Interviews with selected firms may or may not be requested by the Town
after the closing date. Selection may be made strictly from the information provided in the Proposal. However,
the Town reserves the right to conduct interviews with and request presentations from any respondents.
SC09: SELECTION AND AWARD: If the Town is unable to reach an agreement with the first-ranked Contractor,
the Town shall terminate further discussions with the first-ranked Contractor, and commence negotiations with
the next-ranked Contractor, in the order of the selection ranking until an agreement is reached, or all Proposals
are rejected. Time is of the essence, and the award of the contract to the successful Contractor is expressly
conditioned upon (1) the Contractor’s execution and delivery of the Contract, and delivery of all required bonds
and evidence of insurance, within ten (10) calendar days after the Contractor is notified of the acceptance of
Page 106
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
29
its Proposal, and (ii) the Contractor’s timely fulfillment of any and all other preconditions expressly set forth in
the Contract Documents. Should the Contractor fail to timely execute and deliver the contract, required bonds,
evidence of insurance, or fail to timely fulfill any other such preconditions, the Town may, at its option and
discretion, without releasing, impairing or affecting its right to receive the Proposal security as damages for
such failure, rescind the award, commence negotiations with the next ranked Contractor, or may reject all
Proposals.
There will be no contractual obligation on the part of the Town to any Contractor, nor will any firm have any
property interest or other right in the contract or work being proposed, unless and until the Agreement is
unconditionally executed and delivered by all parties, all submittals required by the Proposal Documents and
Agreement and all conditions to be fulfilled by the selected firm have either been so fulfilled by the firm, or
waived in writing by the firm or Town, as applicable.
SC10: SUBMISSION OR DELIVERY OF PROPOSAL: Proposals for the construction services specified will be
received online, or in hard copy. The date/time stamp located in the Purchasing Office serves as the official
time clock. Late Submissions will not be considered. Submissions received after the stated deadline shall be
refused and returned unopened. The Town of Prosper is not responsible for issues encountered with methods
of delivery.
A. Online Submission
Proposals may be submitted online through IonWave.net, the Town’s e-procurement system.
Please ensure that you provide all required information, including attachments. Any additional
response attachments must be uploaded and included with your submission in order to be
considered.
B. Mailed/Delivered Submission
Proposals must be submitted with the RFP number and the respondent’s name and address
clearly indicated on the front of the envelope. Please submit one (1) unbound original and five
(5) bound copies of your proposal, in a sealed envelope or package to the address listed below:
Delivery Address:
Town of Prosper
Attn: Purchasing Manager
250 W. First St.
3rd Floor Finance Suite
Prosper, Texas 75078
Mailing Address (US Postal Service Only):
Town of Prosper
Attn: Purchasing Manager
P.O. Box 307
Prosper, Texas 75078
Page 107
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
30
TECHNICAL SPECIFICATIONS
TS1: FIBER VAULT AND CONDUIT
Cable Vault Specifications
Vault will be 30” X 48” X 36” depth in H10 or better rated, open bottom with “TOWN OF PROSPER FIBER
OPTICS” raised letter on the lid. Placement of top vault will be even with final ground grade, 50’ of curb radius
or right of way line of intersection road. 6” of pea size gravel placed in bottom of vault. An 8’ ground rod will
be placed in every vault, with 1’ exposed above pea gravel. The ground resistance of this ground rod will be
25 ohm or less, contractor will provide testing and results.
Conduit Specifications
6” schedule 40 PVC with (3) – 2”, (2) – 1 ¼”, (1) – 1” interducts with low friction, polyester fiber pull tape in
each interduct, 1800 psi tensile strength. A tracer wire, 10 AWG insulated, will be placed within the 6” duct.
The 6” duct will be placed with a minimum of 42” of cover and a 6” orange warning tape placed 1’ below the
final ground grade with “Fiber Optic Line” printed on it repeatedly. The interducts will enter all the vaults with
a minimum of 18” exposed above the pea gravel.
EXHIBIT TS1.1
Page 108
Item 10.
CSP NO: 2020-25-B
COOK LANE PHASE 2
31
EXHIBIT TS1.2
Please reference the Construction Plans for all other technical specifications
3 Vaults and approx. 140 lf conduit
Page 109
Item 10.
2020-25-B Addendum 1
Pavecon Public Works, LP
Supplier Response
Event Information
Number:2020-25-B Addendum 1
Title:CSP for Cook Lane Phase 2
Type:Competitive Sealed Proposals
Issue Date:11/13/2019
Deadline:12/6/2019 02:00 PM (CT)
Notes:The Town of Prosper is accepting competitive sealed proposals for C
SP NO. 2020-25-B COOK LANE PHASE 2. Proposals will be accep
ted online through IonWave.net, the Town’s e-procurement system, or i
n hard copy in the Purchasing Office located in the 3rd Floor Finance
Suite of Town Hall, 250 W. First St., Prosper, Texas 75078 until 2:00 P.
M. on Wednesday, December 4, 2019. Any proposals received afte
r this time will not be accepted, and will be returned unopened. Propo
sals will be publicly opened and read aloud in the Finance Conference
Room, located in the 3rd Floor Finance Suite of Town Hall, 250 W. Firs
t St., Prosper, Texas 75078, immediately following the proposal deadli
ne.
The Project consists of furnishing all labor, equipment and materials (e
xcept as otherwise specified), and performing all work necessary for th
e construction of Cook Lane Phase 2.
Each proposal submitted shall be accompanied by a cashier's check i
n the amount of 5% of the maximum amount proposed, payable withou
t recourse to the Town of Prosper, or a Bid Bond in the same amount fr
om a reliable surety company as a guarantee that, if awarded the contr
Page 1 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
Page 110
Item 10.
act, the successful Contractor will execute a Construction Agreement
with the Town, including all required bonds and other documents.
The successful Contractor shall furnish a Performance Bond in the am
ount of 115% of the contract amount, and a Payment Bond in the amou
nt of 100% of the contract amount, as well as evidence of all required i
nsurance coverage within ten (10) calendar days of notice of award. T
he successful Contractor shall also furnish a Maintenance Bond in the
amount of 100% of the contract amount covering defects of material a
nd workmanship for two calendar years following the Town's approval
and acceptance of the construction. An approved surety company, lice
nsed in the State of Texas, shall issue all bonds in accordance with Tex
as law.
Copies of Plans, Specifications, and Contract Documents may be exa
mined at Town of Prosper Engineering Department, 250 W. First
Street, Prosper, Texas, 75078, Phone: (972) 569-1198 without char
ge. These documents may be acquired from that office for the non-ref
undable purchase price of $50 per set, payable to the Town of Prosper
. Copies of Plans, Specifications, and Contract Documents may also
be downloaded free of charge from Current Bidding Opportunities, at t
he following link: http://www.prospertx.gov/business/bid-opportunities/.
If you are downloading documents, please complete and submit the Pl
anholder Registration Form to be placed on the official planholder listi
ng.
Contact Information
Contact:January Cook, Purchasing Manager
Address:Purchasing
Town Hall
3rd Floor
250 W. First St.
P.O. Box 307
Prosper, TX 75078
Phone:(972) 569-1018
Email:january_cook@prospertx.gov
Page 2 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
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Item 10.
Pavecon Public Works, LP Information
Contact:Dean Dumke
Address:3022 Roy Orr Blvd
Grand Prairie, TX 75055
Phone:(972) 263-3223 x138
Fax:(972) 263-6551
Toll Free:(972) 263-3223
Email:deand@pavecon.com
By submitting your response, you certify that you are authorized to represent and bind your company.
Brian Cottle brianc@pavecon.com
Signature Email
Submitted at 12/6/2019 12:11:19 PM
Requested Attachments
Attachment A1 Job Experiences.pdf
Outline contractor and subcontractor experience with similar projects
Attachment A2 Christopher Johnson Resume.pdf
Outline qualifications of key personnel assigned to this project
Attachment A3 CIP References Worksheet CIP Refrences Worksheet.pdf
Complete all information
Bid Bond Bid Bond - Prosper.pdf
Out of State Contractor Compliance Form Out-Of-State Contractor Compliance to State Law.pdf
If applicable
Conflict of Interest Questionnaire Conflict of Interest.pdf
If applicable
Bid Attributes
1 Bid Proposal Condition No. 1
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the
form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract D
ocuments for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other t
erms and conditions of the Contract Documents.
I Agree
2 Bid Proposal Condition No. 2
Bidder accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, i
ncluding without limitation those terms and conditions dealing with the disposition of Bid guaranty. This Bid will rema
in subject to acceptance for 90 calendar days after the day of opening Bids. Bidder will sign and submit the Agreem
ent with the Bonds and other documents required by the Contract Documents within ten (10) calendar days after th
e date of Owner's Notice of Award.
I Agree
Page 3 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
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Item 10.
3 Bid Proposal Condition No. 3
The right is reserved, as the interest of the Owner may require, to reject any and all Bids and to waive any informalit
y in the Bids received.
I Agree
4 Bid Proposal Condition No. 4
Bidder has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local
conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of th
e Work.
I Agree
5 Bid Proposal Condition No. 5
Bidder has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such e
xaminations, investigations, explorations, tests and studies that pertain to the subsurface or physical conditions at t
he site or which otherwise may affect the cost, progress, performance or furnishing of the Work as Bidder considers
necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in acco
rdance with the other terms and conditions of the Contract Documents, and no additional examinations, investigatio
ns, explorations, tests, reports or similar information or data are or will be required by Bidder for such purposes.
I Agree
6 Bid Proposal Condition No. 6
Bidder has reviewed and checked all information and data shown or indicated on the Contract Documents with resp
ect to existing Underground Facilities at or contiguous to the site and assumes responsibility for the accurate locatio
n of said Underground Facilities. No additional examinations, investigations, explorations, tests, reports or similar in
formation or data in respect of said Underground Facilities are or will be required by the Bidder in order to perform
and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and co
nditions of the Contract Documents.
I Agree
7 Bid Proposal Condition No. 7
Bidder has correlated the results of all such observations, examinations, investigations, explorations, tests, reports
and studies with the terms and conditions of the Contract Documents.
I Agree
8 Bid Proposal Condition No. 8
Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered, if any, in the
Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder.
I Agree
9 Bid Proposal Condition No. 9
This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and i
s not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bid
der has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not
solicited or induced any person, firm or corporation to refrain from submitting a Bid; and Bidder has not sought by c
ollusion to obtain for itself any advantage over any other Bidder or over Owner.
I Agree
1
0
Bid Proposal Condition No. 10
Bidder will substantially complete the Work for the price(s) shown in the schedule of bid items and within the number
of days proposed
I Agree
Page 4 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
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Item 10.
1
1
Bid Proposal Condition No. 11
Bidder hereby agrees to commence work within ten (10) days after the date written notice to proceed shall have be
en given to him, and to substantially complete the work on which he has bid within within the number of days propos
ed. Within 30 additional calendar days after Substantial Completion, all outstanding issues shall be addressed and r
eady for final payment. All such time restrictions are subject to such extensions of time as are provided by the Gen
eral Provisions and Special Conditions.
I Agree
1
2
Bid Proposal Condition No. 12
Bidder agrees that the implementation of the Owner’s right to delete any portion of the improvements shall not be c
onsidered as waiving or invalidating any conditions or provisions of the contract or bonds. Bidder shall perform the
Work as altered and no allowances shall be made for anticipated profits.
I Agree
1
3
Bid Proposal Condition No. 13
Since the Work on this Project is being performed for a governmental body and function, the Owner will issue to the
Contractor a certificate of exemption for payment for the State Sales TAX on materials incorporated into this Project
if requested.
I Agree
1
4
Bid Proposal Condition No. 14
In the event of the award of a contract, vendor will furnish a Performance Bond for 115% of the contract amount, an
d a Payment Bond for 100% of the contract amount, to secure proper compliance with the terms and provisions of t
he contract with sureties offered by surety company named in the space provided,to insure and guarantee the w
ork until final completion and acceptance, and to guarantee payment of all lawful claims for labor performed and ma
terials furnished in the fulfillment of the contract. In addition, the undersigned will furnish a Maintenance Bo
nd for 100% of the contract amount covering defects of material and workmanship for two calendar year
s following the Owner's approval and acceptance of the construction.
I Agree
1
5
Bid Proposal Condition No. 15
The work, proposed to be done, shall be accepted when fully completed in accordance with the plans and specificat
ions, to the satisfaction of the Engineer and the Owner.
I Agree
1
6
Bid Proposal Condition No. 16
The vendor submitting this Bid certifies that the bid prices contained in this Bid have been carefully checked and ar
e submitted as correct and final.
I Agree
1
7
Base Proposal
Cost of Materials
$812060.65
1
8
Base Proposal
Cost of Labor, Profit, etc.
$348026.00
Page 5 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
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Item 10.
1
9
Addendum No. 1
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
Acknowledged
2
0
Addendum No. 2
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
No response
2
1
Addendum No. 3
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
No response
2
2
Addendum No. 4
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
No response
2
3
Addendum No. 5
Bidder has examined copies of all the Contract Documents and of the following Addenda (if issued)
No response
2
4
Subcontractor 1 - Name
Each Bidder shall include a list of proposed subcontractors, the type of work to be completed by each such subcont
ractor and the approximate percentage of contract labor to be completed by each subcontractor. If complete listing
of subcontracts totals more than five, please attach such additional pages as may be required. Owner reserves the
right to accept or reject any subcontracts and/or amount subcontracted that it deems to be objectionable.
RPM xConstruction
2
5
Subcontractor 1 - Type of Work
Excavation
2
6
Subcontractor 1 - % of Work
8%
2
7
Subcontractor 2 - Name
KIK Underground
2
8
Subcontractor 2 - Type of Work
Utilities
2
9
Subcontractor 2 - % of Work
46%
3
0
Subcontractor 3 - Name
Meade Servicing Group
3
1
Subcontractor 3 - Type of Work
Erosion Control
Page 6 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
Page 115
Item 10.
3
2
Subcontractor 3 - % of Work
6%
3
3
Subcontractor 4 - Name
Durable Specialties
3
4
Subcontractor 4 - Type of Work
Electrical
3
5
Subcontractor 4 - % of Work
3%
3
6
Subcontractor 5 - Name
No response
3
7
Subcontractor 5 - Type of Work
No response
3
8
Subcontractor 5 - % of Work
No response
3
9
Supplier 1 - Name
Each Bidder shall include a list of proposed suppliers of major materials and equipment to be furnished and installe
d in connection with this Bid. If complete listing of suppliers totals more than five, please attach such additional pag
es as may be required.
Nelson Brothers Ready Mix
4
0
Supplier 1 - Type of Material/Equipment
Ready Mix
4
1
Supplier 2 - Name
Lhoist
4
2
Supplier 2 - Type of Material/Equipment
Hydrated Lime
4
3
Supplier 3 - Name
No response
4
4
Supplier 3 - Type of Material/Equipment
No response
4
5
Supplier 4 - Name
No response
4
6
Supplier 4 - Type of Material/Equipment
No response
Page 7 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
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Item 10.
4
7
Supplier 5 - Name
No response
4
8
Supplier 5 - Type of Material/Equipment
No response
4
9
Project Timeline: First Milestone
Provide number of days to reach substantial completion of project
110
5
0
Project Timeline: Second Milestone
Provide number of days to reach final completion of project
120
Bid Lines
1 8 INCH SANITARY SEWER LINE
Quantity:25 UOM:LF Unit Price:$85.75 Total:$2,143.75
2 8 INCH PLUG
Quantity:1 UOM:EA Unit Price:$117.90 Total:$117.90
3 MANHOLE DROP CONNECTION (INCLUDES 8 INCH PIPE REMOVAL)
Quantity:1 UOM:EA Unit Price:$1,607.82 Total:$1,607.82
4 8X4 RBC
Quantity:668 UOM:LF Unit Price:$487.70 Total:$325,783.60
5 5X4 RBC
Quantity:39 UOM:LF Unit Price:$296.91 Total:$11,579.49
6 42 INCH RCP
Quantity:352 UOM:LF Unit Price:$159.71 Total:$56,217.92
7 18 INCH RCP
Quantity:194 UOM:LF Unit Price:$58.95 Total:$11,436.30
8 10 FOOT RECESSED CURB INLET
Quantity:6 UOM:EA Unit Price:$4,287.50 Total:$25,725.00
9 7X11 JUNCTION BOX
Quantity:1 UOM:EA Unit Price:$8,467.82 Total:$8,467.82
1
0
6X6 JUNCTION BOX
Quantity:1 UOM:EA Unit Price:$6,699.21 Total:$6,699.21
Page 8 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
Page 117
Item 10.
1
1
8X4 OUTFALL STRUCTURE/TXDOT HEADWALL
Quantity:1 UOM:EA Unit Price:$9,512.89 Total:$9,512.89
1
2
42 INCH TXDOT HEADWALL
Quantity:1 UOM:EA Unit Price:$5,091.41 Total:$5,091.41
1
3
12 INCH RIP RAP
Quantity:4711 UOM:SF Unit Price:$11.79 Total:$55,542.69
1
4
7 INCH REINFORCED CONCRETE PAVEMENT
Quantity:5662 UOM:SY Unit Price:$47.12 Total:$266,793.44
1
5
8 INCH LIME TREATMENT
Quantity:5964 UOM:SY Unit Price:$3.63 Total:$21,649.32
1
6
HYDRATED LIME (ASSUMING 37 LBS/SY)
Quantity:110 UOM:TN Unit Price:$173.64 Total:$19,100.40
1
7
CONSTRUCTION ENTRANCE
Quantity:1 UOM:EA Unit Price:$1,602.45 Total:$1,602.45
1
8
SILT FENCE
Quantity:1425 UOM:LF Unit Price:$1.28 Total:$1,824.00
1
9
INLET PROTECTION
Quantity:7 UOM:EA Unit Price:$107.19 Total:$750.33
2
0
CHECK DAM
Quantity:1 UOM:EA Unit Price:$1,018.27 Total:$1,018.27
2
1
EARTHWORK - FILL (VOLUME NOT ADJUSTED AND DOES NOT ACCOUNT FOR UTILITY SPOILS OR PAV
EMENT SECTIONS)
Quantity:4056 UOM:CY Unit Price:$44.21 Total:$179,315.76
2
2
REMOVE AND RELOCATE EX ACCESS ROAD (FLEX BASE)
Quantity:2600 UOM:SY Unit Price:$3.75 Total:$9,750.00
2
3
FIBER VAULT BOX
Quantity:3 UOM:EA Unit Price:$5,627.34 Total:$16,882.02
2
4
6 INCH PVC
Quantity:140 UOM:LF Unit Price:$61.10 Total:$8,554.00
2
5
2 INCH PVC
Quantity:420 UOM:LF Unit Price:$5.36 Total:$2,251.20
Page 9 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
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Item 10.
2
6
1.25 INCH PVC
Quantity:280 UOM:LF Unit Price:$4.29 Total:$1,201.20
2
7
1 INCH PVC
Quantity:140 UOM:LF Unit Price:$3.22 Total:$450.80
2
8
SOD
Quantity:3622 UOM:SY Unit Price:$6.39 Total:$23,144.58
2
9
HYDROMULCH
Quantity:7294 UOM:SY Unit Price:$4.72 Total:$34,427.68
3
0
TOWN OF PROSPER BARRIER FREE RAMP
Quantity:2 UOM:EA Unit Price:$3,071.30 Total:$6,142.60
3
1
ADJUST MSS MANHOLE
Quantity:4 UOM:EA Unit Price:$1,071.88 Total:$4,287.52
3
2
TYPE 2 TXDOT INLET
Quantity:6 UOM:EA Unit Price:$4,877.03 Total:$29,262.18
3
3
HORIZONTAL ADJUSTMENT OF EX WATER AT INLET
Quantity:3 UOM:EA Unit Price:$3,917.70 Total:$11,753.10
Response Total: $1,160,086.65
Page 10 of 10 pages Vendor: Pavecon Public Works, LP 2020-25-B Addendum 1
Page 119
Item 10.
Total Price $1,160,086.65 Revised Total Price $1,127,019.27
Line # Description QTY UOM Unit Extended QTY Unit Extended
1 8 INCH SANITARY SEWER LINE 25 LF $85.75 $2,143.75 25 $85.75 $2,143.75
2 8 INCH PLUG 1 EA $117.90 $117.90 1 $117.90 $117.90
3 MANHOLE DROP CONNECTION (INCLUDES 8 INCH PIPE REMOVAL) 1 EA $1,607.82 $1,607.82 1 $1,607.82 $1,607.82
4 8X4 RBC 668 LF $487.70 $325,783.60 668 $487.70 $325,783.60
5 5X4 RBC 39 LF $296.91 $11,579.49 39 $296.91 $11,579.49
6 42 INCH RCP 352 LF $159.71 $56,217.92 352 $159.71 $56,217.92
7 18 INCH RCP 194 LF $58.95 $11,436.30 194 $58.95 $11,436.30
8 10 FOOT RECESSED CURB INLET 6 EA $4,287.50 $25,725.00 6 $4,287.50 $25,725.00
9 7X11 JUNCTION BOX 1 EA $8,467.82 $8,467.82 1 $8,467.82 $8,467.82
10 6X6 JUNCTION BOX 1 EA $6,699.21 $6,699.21 1 $6,699.21 $6,699.21
11 8X4 OUTFALL STRUCTURE/TXDOT HEADWALL 1 EA $9,512.89 $9,512.89 1 $9,512.89 $9,512.89
12 42 INCH TXDOT HEADWALL 1 EA $5,091.41 $5,091.41 1 $5,091.41 $5,091.41
13 12 INCH RIP RAP 4711 SF $11.79 $55,542.69 4711 $11.79 $55,542.69
14 7 INCH REINFORCED CONCRETE PAVEMENT 5662 SY $47.12 $266,793.44 5662 $47.12 $266,793.44
15 8 INCH LIME TREATMENT 5964 SY $3.63 $21,649.32 5964 $3.63 $21,649.32
16 HYDRATED LIME (ASSUMING 37 LBS/SY) 110 TN $173.64 $19,100.40 110 $173.64 $19,100.40
17 CONSTRUCTION ENTRANCE 1 EA $1,602.45 $1,602.45 1 $1,602.45 $1,602.45
18 SILT FENCE 1425 LF $1.28 $1,824.00 1425 $1.28 $1,824.00
19 INLET PROTECTION 7 EA $107.19 $750.33 7 $107.19 $750.33
20 CHECK DAM 1 EA $1,018.27 $1,018.27 1 $1,018.27 $1,018.27
21 EARTHWORK - FILL (VOLUME NOT ADJUSTED AND DOES NOT ACCOUNT FOR UTILITY SPOILS OR PAVEMENT SECTIONS) 4056 CY $44.21 $179,315.76 4056 $44.21 $179,315.76
22 REMOVE AND RELOCATE EX ACCESS ROAD (FLEX BASE) 2600 SY $3.75 $9,750.00 2600 $2.84 $7,384.00
23 FIBER VAULT BOX 3 EA $5,627.34 $16,882.02 3 $5,627.34 $16,882.02
24 6 INCH PVC - DELETED 140 LF $61.10 $8,554.00 0 $61.10 $0.00
25 2 INCH PVC - DELETED 420 LF $5.36 $2,251.20 0 $5.36 $0.00
26 1.25 INCH PVC - DELETED 280 LF $4.29 $1,201.20 0 $4.29 $0.00
27 1 INCH PVC - DELETED 140 LF $3.22 $450.80 0 $3.22 $0.00
28 SOD 3622 SY $6.39 $23,144.58 3622 $6.39 $23,144.58
29 HYDROMULCH 7294 SY $4.72 $34,427.68 7294 $4.72 $34,427.68
30 TOWN OF PROSPER BARRIER FREE RAMP 2 EA $3,071.30 $6,142.60 2 $3,071.30 $6,142.60
31 ADJUST MSS MANHOLE 4 EA $1,071.88 $4,287.52 4 $1,071.88 $4,287.52
32 TYPE 2 TXDOT INLET 6 EA $4,877.03 $29,262.18 0 $4,877.03 $0.00
33 HORIZONTAL ADJUSTMENT OF EX WATER AT INLET 3 EA $3,917.70 $11,753.10 3 $3,917.70 $11,753.10
ADD 2EA 4" PVC MULTIDUCT W/4-1.25" HDPE INNERDUCTS(NO CONC ENCASEMENT)LF 280 $39.35 $11,018.00
Original Cost
Pavecon Public Works, LP
Best and Final Offer
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To: Mayor and Town Council
From: Hulon T. Webb, Jr, P.E., Director of Engineering Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Water Impact Fee
Reimbursement Agreement between 1385 & 380 Investments LP, Prosper 1385 Investments LP,
and the Town of Prosper, Texas, related to the extension of water lines to serve the Westside
development.
Description of Agenda Item:
1385 & 380 Investments LP, and Prosper 1385 Investments LP, are developing Westside on the
northeast corner of FM 1385 and US 380 and in order to facilitate the development, they will be
required to extend a 12” water line as depicted on the Town of Prosper Water System Capital
Improvement Plan.
Since the proposed water line is depicted on the Town of Prosper Water System Capital
Improvement Plan, the actual costs for the design and construction of the improvements are
eligible for reimbursement of water impact fees owed by the development. The purpose of the
Water Impact Fee Reimbursement Agreement is to outline the obligations of the Town of Prosper,
1385 & 380 Investments LP, and Prosper 1385 Investments LP, related to the design,
construction, and reimbursement of collected water impact fees to fund the project.
Budget Impact:
The estimated cost for the design and construction of the extension of 2,863 feet of a 12” water
line and associated connections is approximately $284,415. The anticipated water impact fees
owed by the Westside development is approximately $763,357. If the full reimbursement is not
made by the Town to 1385 & 380 Investments LP, and Prosper 1385 Investments LP, within the
ten (10) year expiration from the date of the Town’s acceptance of the water line, the Town shall
endeavor to reimburse Developer from applicable water impact fee funds.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality. 1385 & 380 Investments LP, and Prosper 1385 Investments LP, agree to pay the Town
Prosper is a place where everyone matters.
ENGINEERING
SERVICES
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reasonable attorney’s fees charged to the Town by the Town’s legal counsel associated with
preparation and negotiation of this Agreement, in an amount not to exceed $5,000.
Attached Documents:
1. Town of Prosper Water System Capital Improvement Plan
2. Water Impact Fee Reimbursement Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Town Manager to execute a Water
Impact Fee Reimbursement Agreement between 1385 & 380 Investments LP, Prosper 1385
Investments LP, and the Town of Prosper, Texas, related to the extension of water lines to serve
the Westside development.
Proposed Motion:
I move to authorize the Town Manager to execute a Water Impact Fee Reimbursement Agreement
between 1385 & 380 Investments LP, Prosper 1385 Investments LP, and the Town of Prosper,
Texas, related to the extension of water lines to serve the Westside development.
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To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between 1385 & 380 Investments LP and Prosper 1385 Investments LP, and the Town of Prosper,
Texas, related to the Westside development.
Description of Agenda Item:
On December 11, 2018, the Town Council approved the rezoning request (Z18-0012) related to a
mixed-use development, known as Westside, located on the northeast corner of US 380 and FM
1385. Planned Development-94 (PD-94) includes provisions regarding the phasing of the
permitted multifamily dwelling units in association with obligations related to non -residential
development. Specifically, PD-94, states:
1. For Phase 1B, which consists of a maximum of 243 units, construction may not commence
until construction of the first floor framing has begun on the restaurant/retail building as shown
on Lot 8 on Exhibit D and the Limited Service Hotel on Lot 15 on Exhibit D.
2. For Phase 2B, which consists of a maximum of 237 units, construction may not commence
until vertical construction has begun on a minimum fifty thousand (50,000) square foot Indoor
Commercial Amusement building or similar size retail building.
The applicant has inquired about the possibility of constructing Phase 2 prior to Phase 1, in
accordance with the required obligations. The purpose of the proposed development agreement
is to provide clarifying language related to the phasing of the multifamily units, in order to allow
Phase 2 to be constructed prior to Phase 1. The development agreement includes architectural
and masonry standards consistent with PD-94.
Staff recommends approval of the Development Agreement.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to
form and legality.
Prosper is a place where everyone matters.
PLANNING
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Attached Documents:
1. Development Agreement
2. Exhibit A-Property Description
3. Exhibit F-Elevations
Town Staff Recommendation:
Staff recommends the Town Council authorize the Town Manager to execute a Development
Agreement between 1385 & 380 Investments LP and Prosper 1385 Investments LP, and the Town
of Prosper, Texas, related to the Westside development.
Proposed Motion:
I move to authorize the Town Manager to execute a Development Agreement between 1385 &
380 Investments LP and Prosper 1385 Investments LP, and the Town of Prosper, Texas, related
to the Westside development.
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DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the
Town of Prosper, Texas (“Town”), and 1385 & 380 Investments LP and Prosper 1385 Investments
LP (collectively, “Owner”) (individually, a “Party” and collectively, the “Parties”) to be effective (the
“Effective Date”) on the latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and
Denton County, Texas, organized and existing under the laws of the State of Texas; and
WHEREAS, Owner is a Texas limited partnership qualified to do business in the State of
Texas; and
WHEREAS, Owner is developing property in the Town to be known as WestSide
(“WestSide”), the zoning for which development was approved by the Town on or about December
11, 2018, in Ordinance No. 18-108, such development also known as Planned Development 94
(“PD-94”); and
WHEREAS, a legal description of the property for WestSide is more particularly described
in Exhibit A, attached hereto and incorporated by reference (the “Property”); and
WHEREAS, this Agreement seeks to incorporate, in part, the negotiated and agreed upon
development standards contained in PD-94, as may be amended, to recognize Owner’s
reasonable investment-backed expectations in PD-94, as may be amended, and to clarify issues
related to the timing of development, as more fully described herein; and
WHEREAS, subject to the terms of this Agreement, Owner agrees and acknowledges that
it will construct on the Property structures in accordance with the provisions, standards and notes
reflected in this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises, and for other good and
valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties
to this Agreement agree as follows:
1. Architectural Standards and Building Materials. For any structure built in
WestSide following the Effective Date, it shall comply with the applicable requirements contained
in Exhibit B, “Architectural Standards and Building Materials,” attached hereto and incorporated
by reference, and Owner agrees to construct those structures in compliance therewith. The
Parties agree and acknowledge that the provisions of this Paragraph shall apply to any structure
constructed subsequent to the execution of this Agreement. Nothing in this Agreement shall be
deemed to modify or otherwise amend any zoning regulation duly adopted by the Town, previously
or in the future.
2. Covenant Running with the Land. The terms, conditions, rights, obligations,
benefits, covenants and restrictions of the provisions of this Agreement shall be deemed
covenants running with the land, and shall be binding upon and inure to the benefit of the Owner
and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be
incorporated into each deed and conveyance of the Property or any portion thereof hereafter made
by any other owners of the Property, regardless of whether this Agreement is expressly referenced
therein.
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3. Phasing of Development. The Parties acknowledge that PD-94 documentation
reflects phasing of the WestSide development. To clarify timing obligations related thereto, the
Parties agree that either Phase 1 (consisting of both Phase 1A and Phase 1B) or Phase 2
(consisting of Phase 2A and Phase 2B) may be constructed first.
4. Applicability of Town Ordinances. Owner shall develop the Property, and
construct all structures on the Property, in accordance with all applicable Town ordinances and
building/construction codes.
5. Default. No Party shall be in default under this Agreement until notice of the
alleged failure of such Party to perform has been given (which notice shall set forth in reasonable
detail the nature of the alleged failure) and until such Party has been given a reason able time to
cure the alleged failure (such reasonable time determined based on the nature of the alleged
failure, but in no event less than thirty (30) days after written notice of the alleged failure has been
given). In addition, no Party shall be in default under this Agreement if, within the applicable cure
period, the Party to whom the notice was given begins performance and thereafter diligently and
continuously pursues performance until the alleged failure has been cured. If either Party is in
default under this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable for
consequential or punitive damages.
6. Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas, and all obligations of the parties created hereunder are performable
in Denton County, Texas. Exclusive venue for any action arising under this Agreement shall lie in
Denton County, Texas.
7. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”)
shall be given by certified or registered mail, return receipt requested, to the addresses set forth
below or to such other single address as either party hereto shall notify the other:
If to the Town: The Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Owner: 1385 & 380 Investments LP
Prosper 1385 Investments LP
9550 John W. Elliott Drive, Suite 106
Frisco, Texas 75033
Attention: Michael Fannin, Manager
With a Copy to: Shelly Darlington
15700 State Highway 121
Frisco, Texas 75033
8. Prevailing Party. In the event any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees
(including its reasonable costs and attorney’s fees on any appeal).
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9. Entire Agreement. This Agreement contains the entire agreement between the
Parties hereto with respect to development of the Property and supersedes all prior agreements,
oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall
be construed as a whole and not strictly for or against any Party.
10. Savings/Severability. In the event any provision of this Agreement shall be
determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement
shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if
such invalid provision were not a part hereof.
11. Binding Agreement. A telecopied facsimile of a duly executed counterpart of this
Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein,
including without limitation a scanned copy sent via electronic mail by either party.
12. Authority to Execute. This Agreement shall become a binding obligation on the
signatories upon execution by all signatories hereto. The Town warrants and represents that the
individual executing this Agreement on behalf of the Town has full authority to execute this
Agreement and bind the Town to the same. Owner warrants and represents that the individual
executing this Agreement on behalf of Owner has full authority to execute this Agreement and
bind Owner to the same. The Town Council hereby authorizes the Town Manager of the Town to
execute this Agreement on behalf of the Town.
13. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Denton County, Texas.
14. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the signatories
hereto, the signatories agree to submit such disagreement to nonbinding mediation.
15. Notification of Sale or Transfer; Assignment of Agreement. Owner shall notify
the Town in writing of any sale or transfer of all or any portion of the Property, within ten (10)
business days of such sale or transfer. Owner has the right (from time to time without the consent
of the Town, but upon written notice to the Town) to assign this Agreement, in whole or in part,
and including any obligation, right, title, or interest of Owner under this Agreement, to any person
or entity (an “Assignee”) that is or will become an owner of any portion of the Property or that is
an entity that is controlled by or under common control with Owner. Each assignment shall be in
writing executed by Owner and the Assignee and shall obligate the Assignee to be bound by this
Agreement. A copy of each assignment shall be provided to the Town wi thin ten (10) business
days after execution. Provided that the successor owner assumes the liabilities, responsibilities,
and obligations of the assignor under this Agreement, the assigning party will be released from
any rights and obligations under this Agreement as to the Property that is the subject of such
assignment, effective upon receipt of the assignment by the Town. No assignment by Owner shall
release Owner from any liability that resulted from an act or omission by Owner that occurred prior
to the effective date of the assignment. Owner shall maintain true and correct copies of all
assignments made by Owner to Assignees, including a copy of each executed assignment and
the Assignee’s Notice information.
16. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this Agreement.
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17. Effect of Recitals. The recitals contained in this Agreement: (a) are true and
correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered
into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent
of the Parties with regard to the subject matter of this Agreement. In the event it becomes
necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by
the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect.
The Parties have relied upon the recitals as part of the consideration for entering into this
Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered
into this Agreement.
18. Consideration. This Agreement is executed by the parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is forever confessed.
19. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original.
20. Exactions/Infrastructure Costs. Owner has been represented by legal counsel
in the negotiation of this Agreement and been advised or has had the opportunity to have legal
counsel review this Agreement and advise Owner, regarding Owner’s rights under Texas and
federal law. Owner hereby waives any requirement that the Town retain a professional engineer,
licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that
the exactions required by the Town are roughly proportional or roughly proportionate to the
proposed development’s anticipated impact. Owner specifically reserves its right to appeal the
apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local
Government Code; however, notwithstanding the foregoing, Owner hereby releases the Town
from any and all liability under § 212.904 of the Texas Local Government Code, as amended,
regarding or related to the cost of those municipal infrastructure requirements imposed by this
Agreement.
21. Rough Proportionality. Owner hereby waives any federal constitutional claims
and any statutory or state constitutional takings claims under the Texas Constitution with respect
to roadway or infrastructure requirements imposed by this Agreement. Owner and the Town
further agree to waive and release all claims one may have against the other related to any and
all rough proportionality and individual determination requirements mandated by the United States
Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any
other requirements of a nexus between development conditions and the projected impact of the
terms of this Agreement, with respect to roadway or infrastructure requirements imposed by this
Agreement.
22. Waiver of Texas Government Code § 3000.001 et seq.. With respect to any
structures or improvements constructed on the Property pursuant to this Agreement, Owner
hereby waives any right, requirement or enforcement of Texas Government Code §§ 3000.001-
3000.005, effective as of September 1, 2019.
23. Time. Time is of the essence in the performance by the Parties of their respective
obligations under this Agreement.
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24. Third Party Beneficiaries. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Ag reement, and the Parties do not intend to
create any third-party beneficiaries by entering into this Agreement.
25. Amendment. This Agreement shall not be modified or amended except in writing
signed by the Parties. A copy of each amendment to this Agreement, when fully executed and
recorded, shall be provided to each Party, Assignee and successor owner of all or any part of the
Land; however, the failure to provide such copies shall not affect the validity of any amendment.
26. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any Party shall not apply.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Harlan Jefferson
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of ______________, 2020,
by Harlan Jefferson, Town Manager of the Town of Prosper, Texas, on behalf of the Town of
Prosper, Texas.
Notary Public, State of Texas
My Commission Expires: _________________
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OWNER:
1385 & 380 Investments LP,
a Texas limited partnership
By: ________________________________
Name: Michael Fannin
Title: Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of _______________, 2020,
by Michael Fannin, in his capacity as Manager of 1385 & 380 Investments LP, a Texas limited
partnership, known to be the person whose name is subscribed to the foregoing instrument, and
that he executed the same on behalf of and as the act of Owner.
Notary Public, State of Texas
My Commission Expires: _________________
OWNER:
Prosper 1385 Investments LP,
a Texas limited partnership
By: ________________________________
Name: Michael Fannin
Title: Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of _______________, 2020,
by Michael Fannin, in his capacity as Manager of Prosper 1385 Investments LP, a Texas limited
partnership, known to be the person whose name is subscribed to the foregoing instrument, and
that he executed the same on behalf of and as the act of Owner.
Notary Public, State of Texas
My Commission Expires: _________________
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EXHIBIT A
(Property Description)
All property described and depicted in the Exhibit to Planned Development 94 (PD-94),
Town of Prosper Ordinance No. 08-108, as amended.
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EXHIBIT B
ARCHITECTURAL STANDARDS AND BUILDING MATERIALS
Tract A (as depicted in Ordinance No. 18-108) – Retail District
1. Architectural Standards
a. At least eighty percent (80%) of each building’s façade (excluding doors and
windows) shall be finished in one of the following materials: Masonry (brick
or stone)
i. Commercial Amusement, Indoor may utilize architectural finished
concrete as a primary masonry material, and may be used for up to one
hundred percent (80%) of a building elevation, as shown on Exhibit F. In
addition, a maximum of ten percent (10%) secondary material, and
minimum of ten percent (10%) stone, per elevation, shall be required for
Commercial Amusement, Indoor.
ii. Limited Service Hotels may utilize sintered stone as a primary masonry
material, as shown on Exhibit F.
b. For retail/restaurant uses, no more than thirty percent (30%) of each façade
elevation shall use wood-based high pressure laminate (i.e. Prodema,
Trespa, CompactWood), as shown on Exhibit F.
c. No more than fifteen percent (15%) of each façade elevation may use a
combination of accent materials such as cedar or similar quality decorative
wood, architectural metal panel, tile, stucco, or Exterior Insulating Finishing
System (EIFS). Stucco and EIFS may only be used eight feet (8’) above the
ground floor and is prohibited on all building elevations with the exception of
its use for exterior trim and molding features. Commercial Am usement,
Indoor shall be limited to a maximum ten percent (10%).
d. Architectural embellishments not intended for human occupancy that are
integral to the architectural style of the buildings, including spires, belfries,
towers, cupolas, domes, marquees and roof forms whose area in plan is no
greater than fifteen percent (15%) of the ground floor footprint may exceed
the height limits by up to ten feet (10’).
e. No single material shall exceed eighty percent (80%) percent of an
elevation area. Except for Commercial Amusement, Indoor, a minimum of
twenty percent (20%) of the front façade and all facades facing public right-
of-way shall be natural or manufactured stone. A minimum of ten percent
(10%) of all other facades shall be natural or manufactured stone.
Commercial Amusement, Indoor shall require a minimum ten percent
(10%) stone, per elevation.
i. All buildings shall be designed to incorporate a form of architectural
articulation every thirty feet (30’), both horizontally along each wall’s
length and vertically along each wall’s height. Acceptable articulation
may include the following:
ii. Canopies, awnings, or porticos;
iii. Recesses/projections;
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iv. Arcades;
v. Arches;
vi. Display windows, including a minimum sill height of thirty (30) inches;
vii. Architectural details (such as tile work and moldings) integrated into the
building facade;
viii. Articulated ground floor levels or base;
ix. Articulated cornice line;
x. Integrated planters or wing walls that incorporate landscape and sitting
areas;
xi. Offsets, reveals or projecting rib used to express architectural or
structural bays; or
xii. Varied roof heights;
f. All buildings shall be architecturally finished on all four (4) sides with same
materials, detailing, and features.
g. Except for the Commercial Amusement, Indoor, all primary and secondary
exterior building materials (exclusive of glass) shall be of natural texture
and shall be neutrals, creams, or other similar, non -reflective earth tone
colors. Bright, reflective, pure tone primary or secondary colors, such as
red, orange, yellow, blue, violet, or green are not permitted.
h. Corporate identities that conflict with the building design criteria shall be
reviewed on a case-by-case basis and approved by the Director of
Development Services or his/her designee. The applicant may appeal the
decision to the Planning & Zoning Commission and Town Council using
the appeal procedure in Chapter 4, Section 1 of the Town’s Zoning
Ordinance.
i. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted
to match the color of the building or an accent color. Natural metal finishes
(patina) are an acceptable alternative to paint.
j. All retail/commercial buildings with facades greater than two hundred feet
(200’) in length shall incorporate wall plane projections or recesses that are
at least six feet (6’) deep. Projections/recesses must be at least twenty
five percent (25%) of the length of the facade. Except for Commercial
Amusement, Indoor, no uninterrupted length of facade may exceed one
hundred feet (100’) in length.
2. Windows and Doors
a. All ground floor front facades of buildings along streets or public ways with
on-street parking or that face directly onto Open Space and contain non -
residential uses shall have transparent storefront windows covering no less
than thirty percent (30%) of the façade area. Hotels shall have no less than
ten percent (10%) of the façade.
i. Clear glass is required in all non-residential storefronts. Smoked,
reflective, or black glass that blocks two-way visibility is only permitted
above the first story. Windows shall have a maximum exterior visible
reflectivity of thirty percent (30%).
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b. At the time of Site Plan in conjunction with the detailed Façade Plans for a
Limited Service Hotel, window detailing shall be provided, including but not
limited to articulations, recesses, and/or projections.
3. Awning, Canopies, Arcades, and Overhangs
a. Awnings shall not be internally illuminated.
b. Canopies shall not exceed one hundred linear feet (100’) without a break of
at least five feet (5’).
c. Awnings and canopies shall not extend beyond ten feet (10’) from the main
building façade.
Tract B (as depicted in Ordinance No. 18-108) – Multifamily District
1. Architectural Standards
a. At least eighty percent (80%) of each building’s façade (excluding doors and
windows) shall be finished in one of the following materials: Masonry (brick
and stone).
b. No more than fifteen percent (15%) of each façade elevation shall use a
combination of accent materials such as cedar or similar quality decorative
wood, fiber cement siding, resin-impregnated wood panel system,
cementitious-fiber clapboard (not sheet) with at least a fifty (50) year
warranty, architectural metal panel, split-face concrete block, tile, stucco, or
Exterior Insulating Finishing System (EIFS). Stucco and EIFS may only be
used eight feet (8’) above the ground floor and is prohibited on all building
elevations with the exception of its use for exterior trim and molding features.
c. Any enclosed one or two-car garage shall be designed and constructed of
the same material as the primary building.
NOTE: For purposes of this Agreement, “masonry” shall mean stone, stucco, brick, tile,
concrete, glass or similar materials of any similar material approved by the Town’s
Director of Development Services.
Page 157
Item 12.
Scale: 1"=100' September, 2018 SEI Job No. 17-219
LOCATION MAP
1" = 2000'
PROJECT
LOCATION
METES AND BOUNDS DESCRIPTION
TOWN OF PROSPER CASE NO. Z18-0012
Exhibit A
WestSide
BEING 64.501 ACRES OF LAND (GROSS)
63.858 ACRES OF LAND (NET)
IN THE B. HODGES SURVEY, ABSTRACT NO. 593 &
IN THE J. GONZALEZ SURVEY, ABSTRACT NO. 447 &
IN THE P. BARNES SURVEY, ABSTRACT NO. 79 &
IN THE R. TAYLOR SURVEY, ABSTRACT NO. 1671 &
IN THE J. HAYNES SURVEY, ABSTRACT NO. 573 &
IN THE ANGUS JAMISON SURVEY
TOWN OF PROSPER, DENTON COUNTY, TEXAS
APPLICANT
MCF Investments
15700 S.H. 121
Frisco, Texas 75035
Telephone (214) 619-4930
Contact: Mike Fannin
ENGINEER / SURVEYOR
Spiars Engineering, Inc.
765 Custer Road, Suite 100
Plano, TX 75075
Telephone: (972) 422-0077
TBPE No. F-2121 / TBPLS No. F-10043100
Contact: Kevin Wier
OWNER
Taylor Hansel
P.O. Box 770
Frisco, Texas 75034
POINT OF
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Doc. No. 2001-66260 OPRDCT
Ordinance No. 18-108, Page 4 Page 158
Item 12.
2808 Fairmount Street,Suite 300Dallas, Texas 75201 |214.303.15003300 West 7th Street,Suite 110Fort Worth, Texas 76107 |817.303.150013/32"=1'-0"EAST ELEVATION23/32"=1'-0"WEST ELEVATION33/32"=1'-0"NORTH ELEVATION43/32"=1'-0"SOUTH ELEVATIONOrdinance No. 18-108, Page 22Page 159Item 12.
4123EAST ELEVATION1/8”= 1’-0”1GROUND0'-0"2nd FLOOR14'-6"3rd FLOOR25'-4 1/2"4th FLOOR36'-3"TRUSS BEARING45'-3"T.O. REAR STAIR TOWER56'-3"T.O. ENTRY TOWER64'-2"14443SOUTH ELEVATION1/8”= 1’-0”2GROUND0'-0"2nd FLOOR14'-6"3rd FLOOR25'-4 1/2"4th FLOOR36'-3"TRUSS BEARING45'-3"T.O. REAR STAIR TOWER56'-3"T.O. ENTRY TOWER64'-2"3444NORTH ELEVATION1/8”= 1’-0”3GROUND0'-0"2nd FLOOR14'-6"3rd FLOOR25'-4 1/2"4th FLOOR36'-3"TRUSS BEARING45'-3"T.O. REAR STAIR TOWER56'-3"T.O. ENTRY TOWER64'-2"34123WEST ELEVATION1/8”= 1’-0”43rd FLOOR25'-4 1/2"45'-3"T.O. REAR STAIR TOWER56'-3"0'-0"14'-6"GROUND4th FLOOR2nd FLOORTRUSS BEARING36'-3"T.O. ENTRY TOWER64'-2"facade material analysis 1 - east elevationmaterialarea (sf)% stone225626% brick296533% neolith sintered stone362738% aluminum1302% total9500100% 2 - south elevationmaterialarea (SF)% stone144839% brick1161% neolith sintered stone238264% aluminum462% total3700100% 3 - north elevation stone5202% brick5702% neolith sintered stone243679% aluminum221% total3000100% 4 - west elevation stone665371% brick220423% neolith sintered stone142715% aluminum941% total9400100%notes1 This Conceptual Elevation is for conceptual purposes only. all building plans require review and approval from the Builiding Inspection Division.2 All mechanical equipement shall be screened from public view in accordance with Zoning Ordinance.3 When permitted, exposed utility boxes and condults shall be painted to match the building.4 all signage areas and locations are subject to approval by the Building Inspection Department.5 Windows shall have a maximum exterior visible reflectivity of (10) percent.for staff usematerial tablestoneBRICK #2NEOLITH SINTERED STONEALUMINIUMARCHITECT+ASSOCIATES INC.EXHIBIT “F”US 380/FM 1385 NECPROSPER, TEXAS665371%220423%1234Ordinance No. 18-108, Page 23Page 160Item 12.
FACADE MATERIAL ANALYSISD1 NORTH ELEVATION-AREA 'B'MATERIALAREA (SF)%2 1/2" ARCHITECTURALLY FINISHEDCONCRETE000STAINLESS STEEL TILE-T11000STUCCO FINISH-PAINT P5000EXPOSED TILT WALL PANEL; TEXTUREDPAINT58271004" ARCHITECTURALLY FINISHEDCONCRETE0005827TOTAL100C1 NORTH ELEVATION-AREA 'A'MATERIALAREA (SF)%191018.5000000838981.500.0010,299TOTAL100B1 SOUTH ELEVATION-AREA 'A'MATERIALAREA (SF)%509180.200071811.30005428.56351TOTAL100A1 SOUTH ELEVATION-AREA 'B'MATERIALAREA (SF) %2929 32.5000000396143.9211323.59,003TOTAL1002 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL; TEXTUREDPAINT4" ARCHITECTURALLY FINISHEDCONCRETE2 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL; TEXTUREDPAINT4" ARCHITECTURALLY FINISHEDCONCRETE2 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL; TEXTUREDPAINT4" ARCHITECTURALLY FINISHEDCONCRETEOrdinance No. 18-108, Page 24Page 161Item 12.
FACADE MATERIAL ANALYSISB1 WEST ELEVATIONMATERIALAREA (SF)%341542.94886.1236338124800TOTAL7,951100A1 EAST ELEVATIONMATERIALAREA (SF)%00007468.7779991.300TOTAL8,5451002 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL;TEXTURED PAINT4" ARCHITECTURALLY FINISHEDCONCRETE2 1/2" ARCHITECTURALLY FINISHEDCONCRETESTAINLESS STEEL TILE-T11STUCCO FINISH-PAINT P5EXPOSED TILT WALL PANEL;TEXTURED PAINT4" ARCHITECTURALLY FINISHEDCONCRETEOrdinance No. 18-108, Page 25Page 162Item 12.
Ordinance No. 18-108, Page 26Page 163Item 12.
5(1'(5,1* $1' (/(9$7,216 21 6+((76 55 $1' 5 $5( 5(35(6(17$7,9(7+( %8,/',1* '2 127 (;$&7/< 5()/(&7 7+26(2) 7+( 352326(' 352-(&7 %87 $5( ,1',&$7,9(2) '(6,*1 ,17(17 $1' 6,0,/$5 &21',7,2165($5,17(5,25 (/(9$7,215($5,17(5,25 (/(9$7,2155Ordinance No. 18-108, Page 27Page 164Item 12.
5(1'(5,1* $1' (/(9$7,216 21 6+((76 55 $1' 5 $5( 5(35(6(17$7,9(7+( %8,/',1* '2 127 (;$&7/< 5()/(&7 7+26(2) 7+( 352326(' 352-(&7 %87 $5( ,1',&$7,9(2) '(6,*1 ,17(17 $1' 6,0,/$5 &21',7,216)5217 (/(9$7,21)5217 (/(9$7,2155Ordinance No. 18-108, Page 28Page 165Item 12.
5(1'(5,1* $1' (/(9$7,216 21 6+((76 55 $1' 5 $5( 5(35(6(17$7,9(7+( %8,/',1* '2 127 (;$&7/< 5()/(&7 7+26(2) 7+( 352326(' 352-(&7 %87 $5( ,1',&$7,9(2) '(6,*1 ,17(17 $1' 6,0,/$5 &21',7,216)5217 (/(9$7,21)5217 (/(9$7,2155)5217 (/(9$7,215Ordinance No. 18-108, Page 29Page 166Item 12.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon an ordinance rezoning 1.6± acres from Single Family-15 (SF-15) to
Planned Development-Downtown Office (PD-DTO), located on the north side of Broadway Street,
west of Craig Road. (Z19-0023).
Description of Agenda Item:
On January 28, 2020, Town Council approved the proposed rezoning request by a vote of 7-0,
subject to:
1. Approval of a development agreement addressing (1) maintenance and consistency of
landscaping; (2) replacement landscaping; and (3) maintaining the current height of
landscaping materials along Broadway Street as well as the inclusion of construction materials
and architectural features.
An ordinance has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
2. Proposed Exhibits A, B, C, D, E, and G
Staff Recommendation:
Staff recommends approval of an ordinance rezoning 1.6± acres from Single Family-15 (SF-15)
to Planned Development-Downtown Office (PD-DTO), located on the north side of Broadway
Street, west of Craig Road.
Prosper is a place where everyone matters.
PLANNING
Page 167
Item 13.
Page 2 of 2
Proposed Motion:
I move to approve an ordinance rezoning 1.6± acres from Single Family-15 (SF-15) to Planned
Development-Downtown Office (PD-DTO), located on the north side of Broadway Street, west of
Craig Road.
Page 168
Item 13.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-___
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 1.16 ACRES, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS FROM SINGLE FAMILY-15 (SF-15) TO
PLANNED DEVELOPMENT-DOWNTOWN OFFICE (PD-DTO); DESCRIBING
THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Z19-0023)
from Claymoore Engineering (“Applicant”), to rezone 1.16 acres of land, more or less, in the
Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas, from Single Family-15 (SF-15) to Planned Development-Downtown Office (PD-DTO) and
being more particularly described in Exhibit “A,” attached hereto and incorporated herein for all
purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, Public Hearings have been held, and all other requirements of notice and
completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below described
property containing 1.16 acres of land, more or less, in the Collin County School Land Survey,
Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets,
roads, and alleyways contiguous and/or adjacent thereto is hereby zoned as Planned
Page 169
Item 13.
Ordinance No. 2020-__, Page 2
Development-Downtown Office (PD-DTO) and being more particularly described in Exhibit “A,”
attached hereto and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the Statement of Intent and Purpose,
attached hereto as Exhibit B; 2) the Development Standards, attached hereto as Exhibit C; 3)
the Site Plan, attached hereto as Exhibit D; 4) the Development Schedule, attached hereto as
Exhibit E; and 5) the Landscape Plans, attached hereto as Exhibit G, which are incorporated
herein for all purposes as if set forth verbatim, subject to the following condition of approval by
the Town Council:
1. Approval of a development agreement addressing (1) maintenance and consistency of
landscaping; (2) replacement landscaping; and (3) maintaining the current height of
landscaping materials along Broadway Street as well as the inclusion of construction
materials and architectural features.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Page 170
Item 13.
Ordinance No. 2020-__, Page 3
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25th DAY OF FEBRUARY, 2020.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 171
Item 13.
N 89°28'38" E 278.95'S 00°17'51" E 180.42'S 89°23'29" W 278.24'N 00°31'31" W 180.84'///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////SDOHU70217022702070197018447944804478700970087013447644777012701170104462446344757017446744664465446444684469447044594458445744524453445144484460DBL4450444944494473447444474446444544444443444244414440FL-12"CMP=744.90FL-12"CMP=744.63CIRF"PREMEIR"1/2" IRFCIRF"PREMEIR"1/2" IRF2.
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PROSPER, TX TEXAS REGISTRATION #141990GRAPHIC SCALE1 inch = ft.2020402010EXHIBIT AEX-A1903 CENTRAL DR. SUITE #1 PHONE: 817.281.0572
BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMCOUNTYSURVEY:ABSTRACT NO.COLLINC.C.S.L.A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:EAGLE SURVEYING210 S. ELM STREET, SUITE #104DENTON, TX 76201PH: 940.222.3009DUGAN P KELLEY301 S COLEMAN ST, STE 20PROSPER, TX 75078 CASE # : Z19-0023CONTACT NAME: MATT MOORECONTACT NAME: DAN RICKR & R ESTATES (CPR),BLOCK A, LOT 1,1.156 ACRESSITENVICINITY MAP & EXISTING ZONING MAPN.T.S.603 BROADWAY STREETEXISTING ZONING: SF-15 (1.16 AC) PROPOSED ZONING: PD (DTO) (1.16 AC)ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONALFLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREASDETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IFTHIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THISFLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THESTRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOODHEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOODSTATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.FLOODPLAIN NOTECONTACT NAME: DUGAN P KELLEYPRELIMINARYCLAYMOORE ENGINEERINGPage 172Item 13.
EXHIBIT B – STATEMENT OF INTENT AND PURPOSE
December 9, 2019
Planning Dept.
City of Prosper
407 E. 1st St.
Prosper, Texas 75078
Re: PD Zoning Request
603 Broadway Street
Letter of Intent
To whom it may concern,
Please let this letter serve as the Letter of Intent for the PD Zoning request associated with the proposed
development located at 603 Broadway Street. The subject tract is currently zoned SF-15. The
proposed office space is 1,923 square feet. The specific PD standards requested as part of this submittal
are further detailed in Exhibit C attached.
Should you have any questions, please feel free to contact me.
Sincerely,
Claymoore Engineering, Inc.
301 S. Coleman, Suite 40
Prosper, TX 75078
817-281-0572
Thank you and please call if you have any comments or need additional information.
Sincerely,
Drew Donosky, P.E.
Page 173
Item 13.
Z19-0023
EXHIBIT “C”
DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set
forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No.
05-20), as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be
amended, shall apply.
1. Except as noted below, the Tract shall continue to be used in accordance with the Downtown Office
(DTO) District, as it exists or may be amended.
2. Development Plans
A. Conceptual Site Plan: The tract shall continue to be used in general accordance with the
attached concept plan, set forth in Exhibit D.
B. Building Elevations: The tract shall continue to be used in general accordance with the
attached façade plans, set forth in Exhibit F.
C. Landscape Plan: The tract shall continue to be used in general accordance with the attached
landscape plan, set forth in Exhibit G.
3. Regulations:
A. Landscape Setbacks:
1. Minimum Front Yard – Ten feet (10’).
2. Minimum Side Yard – Two feet (2’).
B. Parking:
1. Minimum Drive Aisle – Twenty feet (20’).
2. Maximum fifteen (15) parking spaces shall be permitted on dead-end drive aisles.
C. Screening:
1. A minimum eight-foot (8’) screening fence shall be required along the north side of the
property, as shown on Exhibit D, in accordance with the screening requirements of the
Zoning Ordinance. All remaining screening shall be required in accordance with the
screening requirements of the Zoning Ordinance.
Page 174
Item 13.
1 CARPORT18'20'10.5'CARPORT OVHD2.82'19.65'13.09'26'18'24'8' BOARDON BOARDSCREENINGN 89°28'38" E 278.95'S 00°17'51" E 180.42'S 89°23'29" W 278.24'N 00°31'31" W 180.84'///////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////SDOHU70217022702070197018447944804478700970087013447644777012701170104462446344757017446744664465446444684469447044594458445744524453445144484460DBL4450444944494473447444474446444544444443444244414440FL-12"CMP=744.90FL-12"CMP=744.63CIRF"PREMEIR"1/2" IRFCIRF"PREMEIR"1/2" IRF2
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(S 00°51'53"W 180.3')15' SANITARY SEWER EASEMENTCAB. L, PG. 840, P.R.C.C.T.15' WATER LINE EASEMENTCAB. L, PG. 840, P.R.C.C.T.16.1' X 31.7'FRAMEGARAGEFF=738.8'FIREPIT1/2" CIRS "EAGLE CONTROL"Z=743.251.1'112.8'
52.7'35.5'LOT 1BLOCK AR & R ESTATEDCAB. L, PG. 840,P.R.C.C.T..LOT 2BLOCK AR & R ESTATEDCAB. L, PG. 840,P.R.C.C.T.LOT 3BLOCK AR & R ESTATEDCAB. L, PG. 840,P.R.C.C.T.CALLED 0.537 ACRESJESSEE BRYAN AUSENBAUGH et uxCORY S. AUSENBAUGHDOC. NO. 20071003001368520,O.P.R.C.C.T.CALLED 0.5102 ACRESDAVID C. HAMBYDOC. NO. 20070102000003930,O.P.R.C.C.T.CALLED 0.426 ACRESMARY ELLEN CISNEROSDOC. NO. 2000-0087860, O.P.R.C.C.T.CALLED 0.432 ACRESJAMES R. THROBRIDGE et uxJOANN THROWBRIDGEVOL. 1707, POG. 101, O.P.R.C.C.T.FRAMEGARAGE3.5'FL-12"CMP=744.49FL-12"CMP=743.17FL-36"RCP=733.33CONCRETE HEADWALLEXISTING ZONING: SF-15LAND USE: SINGLE FAMILYEXISTING ZONING: SF-15LAND USE: SINGLE FAMILYEXISTING ZONING: SF-15LAND USE: SINGLE FAMILYAPPROX. 500' TO NEXT CROSS STREETEXISTING ZONING: SF-15LAND USE: SINGLE FAMILYEXISTING ZONING: SF-15LAND USE: SINGLE FAMILYEXISTING ZONING: SF-15LAND USE: SINGLE FAMILYEXISTING ZONING: SF-15LAND USE: SINGLE FAMILYEAST BROADWAY STREETDATENo.REVISION BYDATE:SHEETFile No.9/3/2019CHECKED:MAMDRAWN:ASDDESIGN:ASD603 BROADWAY CONCEPT
PROSPER, TX TEXAS REGISTRATION #141990GRAPHIC SCALE1 inch = ft.2020402010EXHIBIT DEX-D1903 CENTRAL DR. SUITE #1 PHONE: 817.281.0572
BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMCOUNTYSURVEY:ABSTRACT NO.COLLINC.C.S.L.A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:EAGLE SURVEYING210 S. ELM STREET, SUITE #104DENTON, TX 76201PH: 940.222.3009DUGAN P KELLEY301 S COLEMAN ST, STE 20PROSPER, TX 75078 CASE # : Z19-0023CONTACT NAME: MATT MOORECONTACT NAME: DAN RICKR & R ESTATES (CPR),BLOCK A, LOT 1,1.156 ACRESSITENVICINITY MAP & EXISTING ZONING MAPN.T.S.603 BROADWAY STREETEXISTING ZONING: SF-15 (1.16 AC) PROPOSED ZONING: PD (DTO) (1.16 AC)ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONALFLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREASDETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IFTHIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THISFLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THESTRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOODHEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOODSTATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.FLOODPLAIN NOTECONTACT NAME: DUGAN P KELLEYPRELIMINARYCLAYMOORE ENGINEERINGLEGENDLIGHT DUTY CONCRETE PAVEMENTPROPOSED CONCRETE CURB AND GUTTERPROPERTY LINESITE DATA TABLEPROPOSEDZONINGPROPOSEDUSELOT SIZE(ACRES)LOT SIZE(SQ. FT.)TOTAL BLDG. AREA(SQ. FT.)BLDG. HGT.(FT.)LOTCOVERAGE(50% MAX)DTO OFFICE 1.15650,3551,9232- STORY3.82%OPENSPACEPROVIDEDREQ OPENSPACE (7%)(SQ, FT)3,524.85 40,890FLR AREARATIO(0.5:1 MAX)0.08:1Page 175Item 13.
Exhibit E – 603 Broadway Street Development Schedule
Below is an anticipated project schedule for the proposed 603 Broadway Development Schedule in
accordance with the submittal checklist. This schedule is conceptual and subject to change based on
permitting/entitlements. The proposed developer is working on obtaining the required manufacturer
approvals for the subject tract. Once obtained, then the permitting approvals will start with the Town.
Zoning Submittal to Town – 12/09/19
Zoning Approval from Town – 02/11/20
Final Site Plan Submittal to Town – 02/17/20
Final Site Plan Approval from Town – 03/06/20
Submit Building Permit – 03/06/20
Final Engineering Approval from Town – 03/06/20
Building Permit Issuance – 03/20/20
Start Construction – 03/21/20
Construction Complete – 05/31/20
Thank you and please call if you have any comments or need additional information.
Sincerely,
Drew Donosky, P.E.
Page 176
Item 13.
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741F.M. 113821' ASPHALT ROADWAY100' R.O.W.729FIREPIT1/2" CIRS "EAGLE CONTROL"Z=743.25LOT 1BLOCK AR & R ESTATEDCAB. L, PG. 840,P.R.C.C.T..LOT 2BLOCK AR & R ESTATEDCAB. L, PG. 840,P.R.C.C.T.LOT 3BLOCK AR & R ESTATEDCAB. L, PG. 840,P.R.C.C.T.CALLED 0.537 ACRESJESSEE BRYAN AUSENBAUGH et uxCORY S. AUSENBAUGHDOC. NO. 20071003001368520,O.P.R.C.C.T.CALLED 0.5102 ACRESDAVID C. HAMBYDOC. NO. 20070102000003930,O.P.R.C.C.T.CALLED 0.426 ACRESMARY ELLEN CISNEROSDOC. NO. 2000-0087860, O.P.R.C.C.T.CALLED 0.432 ACRESJAMES R. THROBRIDGE et uxJOANN THROWBRIDGEVOL. 1707, POG. 101, O.P.R.C.C.T.2,000 ± SFOFFICE BUILDINGTXTXTXTXTXTXTXTXTXTXTXTXTXTXRYRYRYRYRYWMRYRYRYRYRYRYDBPMPMPMPMPMDBDBDBDBDBDBDBWMWMWMWMWMWMWMWMWMSOSOSODBDBDBDBDBDBDBDBDBDBDBCR-TRBRBRBRBRBRBRBRBRBTYTYTYTYTYCRCRCRRBRBRBRBTYTYRBRBRBRBPMPMPMPMPMPMPMPMPMDBTXTXTXTXTXTXTXTXTXTXTXRYRYRYRYRYRYRYRYWMWMWMWMWMWMPMPMPMPMTXTXPMDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBDBTXTXTXTXTXWMWMWMWMWMCSCSCSCSCSYUYUYUYUCSYUYUYUYUWMWMWMTXTXTXGLGLGLGLGLTXWMGLGLGLGLWMWMWMWMDBDBWMWMCR-TCR-TCR-TCR-TCR-TCR-TCR-TCR-TCR-TCR-TCR-TCR-TCR-TCR-TCR-TCR-TCRNNNN5' LANDSCAPEBUFFER5' LANDSCAPEBUFFERDATE:SHEETFile No.12/6/2019CHECKED:MAMDRAWN:ASDDESIGN:ASD603 BROADWAY CONCEPTPROSPER, TXTEXAS REGISTRATION #141991903 CENTRAL DR. SUITE #1 PHONE: 817.281.0572BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMH L-1EXHIBIT GLANDSCAPE PLAN.UHNMOSAJETS TA3OF97ETXRFPY 0GRAPHIC SCALE1 inch = ft.TREE LEGENDCanopy TreesCedar ElmSOShumard OakSHRUB LEGENDInstall 4" steel edging between all shrub beds and grassareas.Install 4" layer of shredded hardwood mulch to all plantingbeds.The project will have an undergound automatic irrigationsystem to water all new plantings.LANDSCAPE NOTES1.2.3.4.Shrub beds to have 12 inches of prepared planting mix(75% import topsoil, 15% composted amendment, 10%washed sand)5.Shredded hardwood mulch must contain long strandsalong with double shred finer material obtained from alocal source.6.Install 4 inches of clean topsoil in all areas of the site disturbedby grading and construction operations. Topsoil shall be freefrom sticks, debris and rocks larger than 2 inches in diameterand have an organic matter level of 3 percent minimum and apH range between 5.5 and 7.4 percent. Provide soil testanalysis from a soil test laboratory showing soil makeup andorganic percentage.7.Solid sod or hydromulch all areas disturbed byconstruction activities.Ornamental TreesCR-TCrapemyrtle'Tuscarora'4010202020Giant LiriopeRed YuccaDwarf Burford HollyGLRYDBDwarf Wax MyrtleWMTexas SageTXPink MuhlyPMCherry SageCSTwistleaf YuccaYUCR-NCrapemyrtle'Natchez'TYTree YauponRedbudRBPage 177Item 13.
DATE:SHEETFile No.12/31/2019CHECKED:MAMDRAWN:ASDDESIGN:ASD603 BROADWAY CONCEPTPROSPER, TXTEXAS REGISTRATION #141991903 CENTRAL DR. SUITE #1 PHONE: 817.281.0572BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMLandscape Plan is conceptual in nature. Must meet all required Zoning requirements Landscape CalculationsTown of Prosper, Texas Interior Landscape AreaProvided1 tree / 15 spacesRequired13 spaces1 tree per 30 LF1 treeProvidedRequiredStreet Landscape AreaAt least 1 tree within 150'of each parking space.15 shrubs per 30 LF15 sf area for each parking space195 SF 331 SFPerimeter LandscapeProvidedRequired1 tree and 1 shrub per 15 LF13 trees13 shrubsWest property line13 trees13 shrubs180.84 LF10 trees278 LFFM 1138150 shrubs 150 shrubs1 tree7 ex. trees + 3 newNorth property line19 trees19 shrubs278.95 LF19 trees19 shrubsEast property line13 trees13 shrubs180.42 LF 13 trees14 shrubsH L-2EXHIBIT GLANDSCAPE DETAILS.UHNMOSAJETS TA3OF97ETXRFPY
WATER BASINSHRUB PLANTINGSEE PLANTRIANGULARSPACINGSCALE: NONEEQUALMULTI-TRUNK PLANTINGPREPARE SOIL MIXAND FERTILIZERPER SPECS.TOP OF BALL ORROOT CROWN1" ABOVE FIN.STEEL EDGINGSEE PLANGRADEPLACING PREPARED MIXSCARIFY BOTTOM OFPLANTING BED BEFOREEQUALPREPARED SOIL MIXAND FERTILIZER (SEE SPECS)12"4" MULCH LAYERSCALE: NONE4"NATIVE SOIL4" MULCH LAYER4" MULCH LAYER12" DEPTH OFPLANTING MIXTRIANGULARSPACINGEQUALEQUALSCALE: NONEGROUNDCOVER PLANTING2348"DETAIL FORARBOR-GUYREFER TO ANCHORINGSTEEL EDGINGSEE PLANCANOPY TREE PLANTINGSCALE: NONE1TREE STAKE SOLUTIONS LLC9973 FM 521 ROADROSHARON, TX 77583PHONE: (281) 778-1400FAX: (281) 778-1425www.treestakesolutions.com™SolutionsUNDISTURBEDSOILNAILSTAKEROOT ANCHORU-BRACKETROOTBALLPLANTING HOLEUNDISTURBEDSOILROOT ANCHORU-BRACKETROOTBALLPLANTING HOLETREETREENAIL STAKEPLANTING HOLETREEU-BRACKETROOT ANCHORTREE TRUNKROOTBALL1. WITH TREE IN A STRAIGHT & PLUMBPOSITION, CENTER THE APPROPRIATE ROOTANCHOR SAFETY STAKE AROUND THE TRUNK,WITH RINGS LAYING FLAT AGAINSTROOTBALL, U-BRACKETS FACING UP.2. INSERT 1 OF 3 NAIL STAKES THROUGH EACH OFTHE U-BRACKETS. NAILS SHOULD REST IN THEUNDISTURBED SOIL AT THE BOTTOM OF THE TREEPIT. ALL NAILS SHOULD FIT SNUG AGAINST THE SIDEOF THE ROOTBALL.(FOR HAND OR MACHINE DUG TREES, IT MAY BENECESSARY TO PENETRATE 1" - 4" OF OUTER AREAOF THE ROOTBALL WITH THE NAIL.)3. NAIL STAKES SHOULD BE DRIVEN STRAIGHT DOWNINTO THE UNDISTURBED SOIL BELOW THEROOTBALL. THE NAILS ARE NOW CAGING THEROOTBALL IN PLACE, WHILE THE TOP BRACKET PINSTHE ROOTBALL DOWN.AFTER THE TREE STAKE IS INSTALLED, A LAYER OFMULCH CAN BE ADDED OVER THE STAKE. REMOVEROOT ANCHOR AFTER TREE IS ESTABLISHED.ITEM #5 BG15 BG30 BG45/65 BGDESCRIPTION5 GALLON OR 10" ROOTBALL10/15 GALLON OR 17" ROOTBALL20/30 GALLON OR 22" ROOTBALL45/65 GALLON OR 27-30" ROOTBALLNAIL LENGTH X 3PC(INCLUDED)#4 X 24"#4 X 36"#4 X 36"#4 X 48"ITEM #100 BG150 BG200 BG300 BGDESCRIPTION95/100 GALLON OR 36" ROOTBALL150 GALLON OR 42" ROOTBALL200 GALLON OR 48" ROOTBALL300 GALLON OR 58" ROOTBALLNAIL LENGTH X 3PC(INCLUDED)#5 X 48"#5 X 60"#5 X 72"#5 X 72"ROOT ANCHORTM BELOW GRADE SAFETY STAKE SIZING CHARTTREE LISTRRRTree YauponPLANT LISTIlex vomitoria30 gal. 8' ht. multi-trunk female30 gal. 8' ht. 3 trunk 3" cal. min.Lagerstroemia indica 'Tuscarora'Tuscarora Crapemyrtle30 gal. 8' ht. multi-trunk 3" cal. min.Cercis canadensisRedbud5 gal. 36" ocLiriope giganteaGiant Liriope5 gal. 36" ocHesperaloe parvifloraRed Yucca5 gal. 36" ocIlex cornuta 'Burfordii'Dwarf Burford HollyShumard OakQuercus shumardiiTYCR-TRBGLRYDBSO5 gal. 36" ocMyrica pusillaDwarf Wax MyrtleWMCANOPY TREESORNAMENTAL TREESSHRUBS & GROUNDCOVERS5 gal. 36" ocLeucophyllum frutescens 'Silverado'Texas SageTX5 gal. 36" ocMuhlenbergia capillarisPink MuhlyPM5 gal. 36" ocSalvia greggiiCherry SageCS5 gal. 36" ocYucca rupicolaTwistleaf YuccaYU3" cal. 11' ht. 5' spread717179196833136196830 gal. 8' ht. 3 trunk 3" cal. min.Lagerstroemia indica 'Natchez'Natchez CrapemyrtleCR-N4R = Removed treeTown of Prosper NotesPage 178Item 13.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between Dugan P. Kelley and Matthew Clarke, and the Town of Prosper, Texas, related to the
Downtown Office development, located at 603 E. Broadway Street.
Description of Agenda Item:
On January 28, 2020, the Town Council unanimously approved the rezoning request (Z19-0023)
related to a downtown office development located at 603 E. Broadway Street. The zoning request
was approved, subject to Town Council approval of a development agreement addressing (1)
maintenance and consistency of landscaping; (2) replacement landscaping; and (3) maintaining
the current height of landscaping materials along Broadway Street as well as the inclusion of
construction materials and architectural features. A Development Agreement has been prepared
accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to
form and legality.
Attached Documents:
1. Development Agreement
2. Exhibit A-Property Description
Town Staff Recommendation:
Staff recommends authorizing the Town Manager to execute a Development Agreement between
Dugan P. Kelley and Matthew Clarke, and the Town of Prosper, Texas, related to the Downtown
Office development, located at 603 E. Broadway Street.
Proposed Motion:
I move to authorize the Town Manager to execute a Development Agreement between Dugan P.
Kelley and Matthew Clarke, and the Town of Prosper, Texas, related to the Downtown Office
development, located at 603 E. Broadway Street.
Prosper is a place where everyone matters.
PLANNING
Page 179
Item 14.
1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and
between the Town of Prosper, Texas (“Town”), and Dugan P. Kelley and Matthew Clarke
(“Owner”) (individually, a “Party” and collectively, the “Parties”) to be effective (the
“Effective Date”) on the latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin
County and Denton County, Texas, organized and existing under the laws of the State of
Texas; and
WHEREAS, Owner is the owner of property located at 603 Broadway Street in the
Town, the legal description of which is more particularly described in Exhibit A, attached
hereto and incorporated by reference (the “Property”); and
WHEREAS, Owner has requested to rezone the Property from Single Family-15
(SF-15) to Planned Development-Downtown Office (PD-DTO); and
WHEREAS, this Agreement seeks to incorporate, in part, the negotiated and
agreed upon development standards contained in the underlying zoning ordinance, as
may be amended, and/or this Development Agreement, to recognize Owner’s
reasonable investment-backed expectations in the Property, as may be amended, and
as more fully described herein; and
WHEREAS, subject to the terms of this Agreement, Owner agrees and
acknowledges that it will construct on the Property structures in accordance with the
provisions, standards and notes reflected in this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration the receipt and adequacy of which are hereby
acknowledged, the Parties to this Agreement agree as follows:
1. Architectural Standards and Building Materials. For any structure built
on the Property following the Effective Date, it shall comply with the applicable
requirements contained in Exhibit B, “Architectural Standards and Building Materials,” and
Exhibit C, “Exterior Building Materials,” attached hereto and incorporated by reference,
and Owner agrees to construct those structures in compliance therewith. The Parties
agree and acknowledge that the provisions of this Paragraph shall apply to any structure
constructed subsequent to the execution of this Agreement. Nothing in this Agreement
shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the
Town, previously or in the future.
2. Landscaping. The Parties acknowledge that the Landscape Plan is
attached to the planned development ordinance for the Property as an exhibit and its
provisions are incorporated by reference. Notwithstanding any requirement contained in
the Landscape Plan, Owner shall (1) maintain all landscaping elements in a healthy state;
(2) provide consistency of landscaping materials as reflected in the Landscape Plan; (3)
Page 180
Item 14.
2
replace any landscaping materials when replacement is mandated due to the death of
landscaping materials or otherwise mandated by on-site conditions; and (4) maintain the
current height of landscaping materials along Broadway Street.
3. Covenant Running with the Land. The terms, conditions, rights,
obligations, benefits, covenants and restrictions of the provisions of this Agreement shall
be deemed covenants running with the land, and shall be binding upon and inure to the
benefit of the Owner and its heirs, representatives, successors and assigns. This
Agreement shall be deemed to be incorporated into each deed and conveyance of the
Property or any portion thereof hereafter made by any other owners of the Property,
regardless of whether this Agreement is expressly referenced therein.
4. Applicability of Town Ordinances. Owner shall develop the Property, and
construct all structures on the Property, in accordance with all applicable Town
ordinances and building/construction codes.
5. Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given (which notice shall set forth in
reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time determined based on
the nature of the alleged failure, but in no event less than thirty (30) days after written
notice of the alleged failure has been given). In addition, no Party shall be in default under
this Agreement if, within the applicable cure period, the Party to whom the notice was
given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. If either Party is in default under
this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable
for consequential or punitive damages.
6. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Collin County, Texas. Exclusive venue for any action arising under
this Agreement shall lie in Collin County, Texas.
7. Notice. Any notices required or permitted to be given hereunder (each, a
“Notice”) shall be given by certified or registered mail, return receipt requested, to the
addresses set forth below or to such other single address as either party hereto shall
notify the other:
Page 181
Item 14.
3
If to the Town: The Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Owner: Dugan P. Kelley
301 S. Coleman, Suite 20
Prosper, Texas 75078
Matthew Clarke
603 E. Broadway
Prosper, TX 75078
8. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
9. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to development of the Property and supersedes
all prior agreements, oral or written, with respect t o the subject matter hereof. The
provisions of this Agreement shall be construed as a whole and not strictly for or against
any Party.
10. Savings/Severability. In the event any provision of this Agreement shall
be determined by any court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall, to the extent reasonably possible, remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof.
11. Binding Agreement. A telecopied facsimile of a duly executed counterpart
of this Agreement shall be sufficient to evidence the binding agreement of each party to
the terms herein, including without limitation a scanned copy sent via electronic mail by
either party.
12. Authority to Execute. This Agreement shall become a binding obligation
on the signatories upon execution by all signatories hereto. The Town warrants and
represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. Owner warrants and
represents that the individual executing this Agreement on behalf of Owner has full
authority to execute this Agreement and bind Owner to the same. The Town Council
hereby authorizes the Town Manager of the Town to execute this Agreement on behalf
of the Town.
Page 182
Item 14.
4
13. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Collin County, Texas.
14. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to nonbinding
mediation.
15. Notification of Sale or Transfer; Assignment of Agreement. Owner
shall notify the Town in writing of any sale or transfer of all or any portion of the Property,
within ten (10) business days of such sale or transfer. Owner has the right (from time to
time without the consent of the Town, but upon written notice to the Town) to assign this
Agreement, in whole or in part, and including any obligation, right, title, or interest of
Owner under this Agreement, to any person or entity (an “Assignee”) that is or will become
an owner of any portion of the Property or that is an entity that is controlled by or under
common control with Owner. Each assignment shall be in writing executed by Owner
and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy
of each assignment shall be provided to the Town within ten (10) business days after
execution. Provided that the successor owner assumes the liabilities, responsibilities,
and obligations of the assignor under this Agreement, the assigning party will be released
from any rights and obligations under this Agreement as to the Property that is the subject
of such assignment, effective upon receipt of the assignment by the Town. No
assignment by Owner shall release Owner from any liability that resulted from an act or
omission by Owner that occurred prior to the effective date of the assignment. Owner
shall maintain true and correct copies of all assignments made by Owner to Assignees,
including a copy of each executed assignment and the Assignee’s Notice information.
16. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this
Agreement.
17. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
18. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
Page 183
Item 14.
5
19. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original.
20. Exactions/Infrastructure Costs. Owner has been represented by legal
counsel in the negotiation of this Agreement and been advised or has had the opportunity
to have legal counsel review this Agreement and advise Owner, regarding Owner ’s rights
under Texas and federal law. Owner hereby waives any requirement that the Town retain
a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations
Code, to review and determine that the exactions required by the Town are roughly
proportional or roughly proportionate to the proposed develop ment’s anticipated impact.
Owner specifically reserves its right to appeal the apportionment of municipal
infrastructure costs in accordance with § 212.904 of the Texas Local Government Code;
however, notwithstanding the foregoing, Owner hereby releases t he Town from any and
all liability under § 212.904 of the Texas Local Government Code, as amended, regarding
or related to the cost of those municipal infrastructure requirements imposed by this
Agreement.
21. Rough Proportionality. Owner hereby waives any federal constitutional
claims and any statutory or state constitutional takings claims under the Texas
Constitution with respect to roadway or infrastructure requirements imposed by this
Agreement. Owner and the Town further agree to waive and release all claims one may
have against the other related to any and all rough proportionality and individual
determination requirements mandated by the United States Supreme Court in Dolan v.
City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements
of a nexus between development conditions and the projected impact of the terms of this
Agreement, with respect to roadway or infrastructure requirements imposed by this
Agreement.
22. Waiver of Texas Government Code § 3000.001 et seq.. With respect to
any structures or improvements constructed on the Property pursuant to this Agreement,
Owner hereby waives any right, requirement or enforcement of Texas Government Code
§§ 3000.001-3000.005, effective as of September 1, 2019.
23. Time. Time is of the essence in the performance by the Parties of their
respective obligations under this Agreement.
24. Third Party Beneficiaries. Nothing in this Agreement shall be construed
to create any right in any third party not a signatory to this Agreement, and the Parties do
not intend to create any third-party beneficiaries by entering into this Agreement.
25. Amendment. This Agreement shall not be modified or amended except in
writing signed by the Parties. A copy of each amendment to this Agreement, when fully
executed and recorded, shall be provided to each Party, Assignee and successor owner
of all or any part of the Land; however, the failure to provide such copies shall not affect
the validity of any amendment.
Page 184
Item 14.
6
26. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Harlan Jefferson
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
______________, 2020, by Harlan Jefferson, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
Notary Public, State of Texas
My Commission Expires: _________________
Page 185
Item 14.
7
OWNER:
DUGAN P. KELLEY
By: ________________________________
STATE OF TEXAS )
)
COUNTY OF __________ )
This instrument was acknowledged before me on the ___ day of
_______________, 2020, by Dugan P. Kelley, known to be the person whose name is
subscribed to the foregoing instrument, and that he executed the same on behalf of and
as the act of Owner.
Notary Public, State of Texas
My Commission Expires: _________________
Page 186
Item 14.
8
OWNER:
MATTHEW CLARKE
By: ________________________________
STATE OF TEXAS )
)
COUNTY OF __________ )
This instrument was acknowledged before me on the ___ day of
_______________, 2020, by Matthew Clarke, known to be the person whose name is
subscribed to the foregoing instrument, and that he executed the same on behalf of and
as the act of Owner.
Notary Public, State of Texas
My Commission Expires: _________________
Page 187
Item 14.
9
EXHIBIT A
(Property Description)
Page 188
Item 14.
10
EXHIBIT B
ARCHITECTURAL STANDARDS AND BUILDING MATERIALS
A. All exterior facades, excluding glass windows and doors, shall be constructed
using the permitted buildings materials in Sections B and C.
B. Permitted primary exterior materials are clay fired brick, natural, precast, and
manufactured stone, granite, marble, architectural concrete block, split face
concrete masonry unit, architecturally finished concrete tilt wall and stucco.
C. Secondary materials used on the façade of a building are those that comprise a
total of ten percent (10%) or less of an elevation area. Permitted secondary
materials are all primary materials, aluminum or other metal, cedar or similar
quality decorative wood, and high impact exterior insulation and finish systems
(EIFS).
D. No single material shall exceed eighty percent (80%) of an elevation area. A
minimum of twenty percent (20%) of the front façade and all facades facing public
right-of-way shall be natural or manufactured stone . A minimum of ten percent
(10%) of all other facades shall be natural or manufactured stone.
E. All buildings with a footprint of less than ten thousand (10,000) square feet and
located 100 feet or less from a residential zoning district shall incorpo rate a
pitched, gabled, mansard, hipped, or otherwise sloped roof. All sloped roofs shall
have a six (6) in twelve (12) inch minimum slope. All buildings with a footprint of
less than ten thousand (10,000) square feet and located 100 feet or greater from
a residential zoning district shall incorporate a pitched, gabled, mansard, hipped,
or otherwise sloped roof, or a flat roof with an articulated parapet wall or cornice.
Wood shingles are prohibited. Composition shingles are allowed provided they
have architectural detail and a minimum 30-year life.
F. All buildings with a footprint of ten thousand (10,000) square feet and greater shall
incorporate sloped roof elements including, but not limited to pitched roofs on
towers or arcades, sloped awnings, sloped parapets. Flat roofs are permitted with
an articulated parapet wall or cornice in place of the required sloped roof elements.
The sloped elements shall be provided along a minimum of sixty percent (60%) of
each wall’s length. All sloped roof elements shall have a six (6) in twelve (12) inch
minimum slope. Wood shingles are prohibited. Composition shingles are allowed
provided they have architectural detail and a minimum 30 -year life.
G. All buildings shall be designed to incorporate a form of architectural articulation
every thirty feet (30’), both horizontally along each wall’s length and vertically along
each wall’s height. Acceptable articulation may include the following:
• Canopies, awnings, or porticos;
Page 189
Item 14.
11
• Recesses/projections;
• Arcades;
• Arches;
• Display windows, including a minimum sill height of thirty inches (30”);
• Architectural details (such as tile work and moldings) integrated into the
building facade;
• Articulated ground floor levels or base;
• Articulated cornice line;
• Integrated planters or wing walls that incorporate landscape and sitting
areas;
• Offsets, reveals or projecting rib used to express architectural or structural
bays; or
• Varied roof heights.
H. All buildings shall be architecturally finished on all four (4) sides with same
materials, detailing, and features except the rear if two (2) rows of trees are planted
on the perimeter behind the building. In this case, the architectural finish must
match the remainder of the building in color only. A double row of trees on offset
fifty foot (50’) centers in a fifteen foot (15’) landscape edge, where fifty percent
(50%) of the trees are canopy evergreen trees. This is for facades that are not
visible from public streets and apply to anchor buildings and attached in line
spaces only. This provision does not apply to “out” buildings or pad sites.
I. All primary and secondary exterior building materials (exclus ive of glass) shall be
of natural texture and shall be neutrals, creams, or other similar, non -reflective
earth tone colors. Bright, reflective, pure tone primary or secondary colors, such
as red, orange, yellow, blue, violet, or green are not permitted.
J. Corporate identities that conflict with the building design criteria shall be reviewed
on a case-by-case basis and approved by the Director of Development Services
or his/her designee. The applicant may appeal the decision to the Planning &
Zoning Commission and Town Council using the appeal procedure in Chapter 4,
Section 1 of the Zoning Ordinance.
Page 190
Item 14.
12
EXHIBIT C
EXTERIOR BUILDING MATERIALS
The exterior facades of a main building or structure, excluding glass windows and doors,
shall comply with the following requirements:
A. The exterior facades shall be constructed of one hundred percent (100%)
masonry, unless otherwise specified.
B. Cementatious fiber board is considered masonry, but may only constitute fifty
percent (50%) of stories other than the first story.
C. Cementatious fiber board may not be used as a façade cladding material for
portions of upper stories that are in the same vertical plane as the first story.
D. Unless an alternate material is approved by the Town Council, any porti on of an
upper story, excluding windows, that faces a street, public or private open space,
public or private parks, or hike and bike trails, shall be 100% masonry and shall
not be comprised of cementatious fiber board.
E. Unless an alternate material is approved by the Town Council, the exterior cladding
of chimneys shall be brick, natural or manufactured stone, or stucco.
F. Cementitious fiber board may be used on up to ninety (90) percent of a structure.
G. Cementitious fiber board may be used for architectural features, including window
box-outs, bay windows, roof dormers, garage door headers, columns, or other
architectural features approved by the Building Official.
H. The roof pitches of a main building or structure, including garages, shall meet the
following roof pitch standards: (a) a minimum of sixty-five percent (65%) of the
surface area of composition roofs shall maintain a minimum roof pitch of 8:12 ; (b)
a minimum of seventy-five percent (75%) of the surface area of clay tile, cement
tile, slate or slate products, or metal roofs shall maintain a minimum roof pitch of
3:12; and (c) wood roof shingles are prohibited.
Page 191
Item 14.
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PROSPER, TX TEXAS REGISTRATION #141990GRAPHIC SCALE1 inch = ft.2020402010EXHIBIT AEX-A1903 CENTRAL DR. SUITE #1 PHONE: 817.281.0572
BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMCOUNTYSURVEY:ABSTRACT NO.COLLINC.C.S.L.A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:EAGLE SURVEYING210 S. ELM STREET, SUITE #104DENTON, TX 76201PH: 940.222.3009DUGAN P KELLEY301 S COLEMAN ST, STE 20PROSPER, TX 75078 CASE # : Z19-0023CONTACT NAME: MATT MOORECONTACT NAME: DAN RICKR & R ESTATES (CPR),BLOCK A, LOT 1,1.156 ACRESSITENVICINITY MAP & EXISTING ZONING MAPN.T.S.603 BROADWAY STREETEXISTING ZONING: SF-15 (1.16 AC) PROPOSED ZONING: PD (DTO) (1.16 AC)ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONALFLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS WITHIN ZONE "X", (AREASDETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCE FLOODPLAIN). IFTHIS SITE IS NOT WITHIN AN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THISFLOOD STATEMENT DOES NOT IMPLY THAT THE PROPERTY AND/OR THESTRUCTURES THEREON WILL BE FREE FROM FLOODING OR FLOOD DAMAGE.ON RARE OCCASIONS, GREATER FLOODS CAN AND WILL OCCUR AND FLOODHEIGHTS MAY BE INCREASED BY MAN-MADE OR NATURAL CAUSES. THIS FLOODSTATEMENT SHALL NOT CREATE LIABILITY ON THE PART OF THE SURVEYOR.FLOODPLAIN NOTECONTACT NAME: DUGAN P KELLEYPRELIMINARYCLAYMOORE ENGINEERINGPage 192Item 14.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon an ordinance amending the Future Land Use Plan from Low Density
Residential to Tollway District, generally located on the north side of Prosper Trail, west of
Shawnee Trail. (CA19-0005). [Companion Case Z19-0024]
Description of Agenda Item:
On February 11, 2020, the Town Council approved the proposed request, by a vote of 7-0. An
ordinance has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
2. Exhibit A
Staff Recommendation:
Town staff recommends the Town Council approve the ordinance.
Proposed Motion:
I move to approve an ordinance amending the Future Land Use Plan from Low Density Residential
to Tollway District, generally located on the north side of Prosper Trail, west of Shawnee Trail.
Prosper is a place where everyone matters.
PLANNING
Page 193
Item 15.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE FUTURE LAND USE PLAN MAP OF THE TOWN OF
PROSPER’S COMPREHENSIVE PLAN; PROVIDING FOR REPEALING,
SAVING AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town Council of the Town of Prosper, Texas (“Town Council”), has
investigated and determined that the Future Land Use Plan of the Town of Prosper (“Prosper”)
Comprehensive Plan, adopted by Ordinance No. 12-21, as amended, should be amended; and
WHEREAS, Prosper received a request to amend the Future Land Use Plan from Low
Density Residential to Tollway District, generally located on the north side of Prosper Trail, west
of Shawnee Trail (Case CA19-0005).
WHEREAS, Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial, and in the
best interests of the citizens of Prosper to amend a portion of the Comprehensive Plan as set
forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to Prosper’s Comprehensive Plan, Ordinance No. 12-21. The Future Land
Use Plan Map of the Town of Prosper's Comprehensive Plan, adopted by Ordinance No. 12-21,
as amended, is hereby amended to reflect Tollway District on the north side of Prosper Trail,
west of Shawnee Trail, as depicted in Exhibit A, attached hereto and incorporated by reference.
SECTION 3
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Page 194
Item 15.
Ordinance No. 2020-___, Page 2
SECTION 4
Savings/Repealing Clause. Prosper’s Comprehensive Plan, adopted by Ordinance 12-
21, shall remain in full force and effect, save and except as amended by this or any other
Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed
to the extent they are in conflict; but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the appeal prevent a prosecution from being
commenced for any violation if occurring prior to the repealing of the ordinance. Any remaining
portions of said ordinances shall remain in full force and effect.
SECTION 5
Effective Date. This Ordinance shall become effective from and after its adoption.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2020.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 195
Item 15.
Z
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Updated Februar y 2020
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F.M. 2478Custer Rd.Teel Pkwy.Legacy Dr.BNSF RRS. ColemanN. ColemanLovers Ln
Mahard PkwyHays RdShawnee Trl.Prairie Dr.
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Note: A comprehensive plan shall not constitutezoning regulations or establish zoning districtboundaries.
Page 196
Item 15.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon an ordinance to rezone 3.4± acres from Agricultural (A) to Office (O) and
5.6± acres from Agricultural (A) to Single Family-15 (SF-15), located on the north side of Prosper
Trail, west of Shawnee Trail. (Z19-0024). [Companion Case CA19-0005]
Description of Agenda Item:
On February 11, 2020, the Town Council approved the proposed rezoning request, by a vote of
7-0, subject to the developer entering into a Development Agreement relative to the building
materials and architectural requirements of the Zoning Ordinance. A Development Agreement
has been prepared and is on the February 25, 2020 agenda for Town Council consideration. An
ordinance has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard
ordinance as to form and legality.
Attached Documents:
1. Ordinance
2. Exhibit A
Staff Recommendation:
Staff recommends the Town Council approve an ordinance to rezone 3.4± acres from Agricultural
(A) to Office (O) and 5.6± acres from Agricultural (A) to Single Family-15 (SF-15), located on the
north side of Prosper Trail, west of Shawnee Trail.
Proposed Motion:
I move to approve an ordinance to rezone 3.4± acres from Agricultural (A) to Office (O) and 5.6±
acres from Agricultural (A) to Single Family-15 (SF-15), located on the north side of Prosper Trail,
west of Shawnee Trail.
Prosper is a place where everyone matters.
PLANNING
Page 197
Item 16.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-___
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 8.99 ACRES, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS FROM AGRICULTURAL (A) TO
SINGLE FAMILY-15 (SF-15) AND OFFICE (O); DESCRIBING THE TRACT TO
BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY
CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;
AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request from Kirk
and Laurie Andrews (“Applicant”), to rezone 8.99 acres of land, more or less, in the Collin
County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas,
from Agricultural (A) to Single Family-15 (SF-15) and Office (O) and being more particularly
described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, Public Hearings have been held, and all other requirements of notice and
completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below described
property containing 8.99 acres of land, more or less, in the Collin County School Land Survey,
Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets,
roads, and alleyways contiguous and/or adjacent thereto is hereby zoned as Single Family-15
(SF-15) and Office (O) and being more particularly described in Exhibit “A,” attached hereto and
incorporated herein for all purposes as if set forth verbatim.
Page 198
Item 16.
Ordinance No. 2020-___, Page 2
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Page 199
Item 16.
Ordinance No. 2020-___, Page 3
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2020.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 200
Item 16.
Z19-0024
EXHIBIT A
SINGLE FAMILY-15 LEGAL DESCRIPTION
Being a 4.92 acre tract or parcel of land situated in the Collin County School Land Survey,
Abstract Number 147 in Collin County, Texas and being a portion of a Lot 1, Block A of
Andrews Addition, an addition to the City of Prosper, Collin County, Texas, recorded in
Volume 2013, Page 68 of the Plat Records of Collin County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING at a 1/2” iron rod found at the Southwest corner of said Lot 1, Block A
and in the East line of a called 18.15 acre tract of land described in the deed to James
Richard Morgan, recorded in Volume 4905, Page 3272 of the Official Public Records of
Collin County, Texas and being in the North right-of-way line of Prosper Trail (variable
width right-of-way);
THENCE North 00°34'32" West, with the West line of said Lot 1, Block A and the common
East line of said 18.15 acre tract, a distance of 45.00 feet to the POINT OF BEGINNING;
THENCE North 00°34'32" West, with the West line of said Lot 1, Block A and the common
East line of said 18.15 acre tract, a distance of 672.56 feet to a point in a creek, from
which a 1/2" iron rod found at the Northwest corner of said Lot 1, Block A and the common
Northeast corner of said 18.15 acre tract bears North 00°34'32" West, a distance of
562.15 feet;
THENCE over and across said Lot 1, Block A and with the meanders of a creek, the
following courses and distances:
North 60°48'07" East, a distance of 12.58 feet;
North 04°11'23" East, a distance of 7.83 feet;
North 24°50'28" West, a distance of 5.42 feet;
North 20°35'40" East, a distance of 11.38 feet;
North 54°34'57" East, a distance of 99.82 feet;
South 39°00'23" East, a distance of 39.11 feet;
North 79°36'35" East, a distance of 51.13 feet;
South 70°12'50" East, a distance of 40.44 feet;
South 54°18'10" East, a distance of 29.60 feet;
South 14°06'27" West, a distance of 77.02 feet;
South 45°40'20" East, a distance of 56.38 feet;
North 84°19'42" East, a distance of 17.28 feet;
North 18°59'05" East, a distance of 16.05 feet;
South 79°30'01" East, a distance of 20.39 feet;
South 41°31'09" East, a distance of 26.93 feet;
South 86°31'59" East, a distance of 19.70 feet;
South 42°30'45" East, a distance of 27.18 feet;
South 16°12'13" East, a distance of 54.15 feet;
South 68°05'04" East, a distance of 76.53 feet;
Page 201
Item 16.
South 26°00'03" West, a distance of 16.41 feet;
South 41°44'33" East, a distance of 41.66 feet;
South 81°20'00" East, a distance of 37.81 feet;
North 84°05'05" East, a distance of 49.39 feet;
North 76°16'59" East, a distance of 35.63 feet;
South 47°46'30" East, a distance of 64.32 feet;
South 29°16'22" East, a distance of 6.05 feet to a point in the East line of said Lot
1, Block A and the common West line of Lot 1X, Block A, of Legacy Gardens Phase
1, an addition to the City of Prosper, Collin County, Texas, recorded in Volume
2019, Page 619 of the Plat Records of Collin County, Texas from which a capped
5/8” iron rod stamped “JONES CARTER” found at the Northeast corner of said Lot
1, Block A bears North 00°36'49" West, a distance of 843.44 feet;
THENCE South 00°36'49" East, with the East line of said Lot 1, Block A and the common
West line of said Lot 1X, Block A, a distance of 134.47 feet to a point from which a 1/2"
iron rod found at the Southeast corner of said Lot 1, Block A and the common Southwest
corner of said Lot 1X, Block A bears South 00°36'49" East a distance of 303.00 feet;
THENCE over and across said Lot 1, Block A the following courses and distances:
South 89°27'29" West, a distance of 577.20 feet;
South 00°34'32" East, a distance of 258.00 feet;
South 89°27'29" West, a distance of 50.00 feet to the POINT OF BEGINNING and
containing 4.92 acres of land more or less.
OFFICE LEGAL DESCRIPTION
Being a 3.42 acre tract or parcel of land situated in the Collin County School Land Survey,
Abstract Number 147 in Collin County, Texas and being a portion of a Lot 1, Block A of
Andrews Addition, an addition to the City of Prosper, Collin County, Texas, recorded in
Volume 2013, Page 68 of the Plat Records of Collin County, Texas and being more
particularly described by metes and bounds as follows:
COMMENCING at a 1/2” iron rod found at the Southeast corner of said Lot 1, Block A
and the common Southwest corner of Lot 1X, Block A of Legacy Gardens Phase 1, an
addition to the City of Prosper, Collin County, Texas, recorded in Volume 2019, Page 619
of the Plat Records of Collin County, Texas and being in the North right-of-way line of
Prosper Trail (variable width right-of-way);
THENCE North 00°36’49” West, with the East line of said Lot 1, Block A and the common
West line of said Lot 1X, Block A, a distance of 45.00 feet to the POINT OF BEGINNING;
THENCE over and across said Lot 1, Block A the following courses and distances:
South 89°27'29" West, a distance of 577.37 feet;
North 00°34'32" West, a distance of 258.00 feet;
North 89°27'29" East, a distance of 577.20 feet to a point in the East line of said
Lot 1, Block A and the common West line of said Lot 1X, Block A, from which a
Page 202
Item 16.
capped 5/8” iron rod stamped “JONES CARTER” found at the Northeast corner of
said Lot 1, Block A bears North 00°36'49" West, a distance of 977.91 feet;
THENCE South 00°36'49" East, with the East line of said Lot 1, Block A and the common
West line of said Lot 1X, Block A, a distance of 258.00 feet to the POINT OF BEGINNING
and containing 3.42 acres of land more or less.
PROSPER TRAIL RIGHT-OF-WAY LEGAL DESCRIPTION
Being a 0.65 acre tract or parcel of land situated in the Collin County School Land Survey,
Abstract Number 147 in Collin County, Texas and being a portion of a Lot 1, Block A of
Andrews Addition, an addition to the City of Prosper, Collin County, Texas, recorded in
Volume 2013, Page 68 of the Plat Records of Collin County, Texas and being more
particularly described by metes and bounds as follows:
BEGININNG at a 1/2” iron rod found at the Southeast corner of said Lot 1, Block A and
the common Southwest corner of Lot 1X, Block A of Legacy Gardens Phase 1, an addition
to the City of Prosper, Collin County, Texas, recorded in Volume 2019, Page 619 of the
Plat Records of Collin County, Texas and being in the North right-of-way line of Prosper
Trail (variable width right-of-way);
THENCE South 89°27'29" West, with the South line of said Lot 1, Block A and the
common North right-of-way line of said Prosper Trail, a distance of 627.40 feet to a 1/2"
iron rod found at the Southwest corner of said Lot 1, Block A and being in the East line of
a called 18.15 acre tract of land described in the deed to James Richard Morgan, recorded
in Volume 4905, Page 3272 of the Official Public Records of Collin County, Texas;
THENCE North 00°34'32" West, with the West line of said Lot 1, Block A and the common
East line of said 18.15 acre tract, a distance of 45.00 feet to a point, from which a 1/2"
iron rod found at the Northwest corner of said Lot 1, Block A and the common Northeast
corner of said 18.15 acre tract bears North 00°34'32" West, a distance of 1234.72 feet;
THENCE North 89°27'29" East, over and across said Lot 1, Block A, a distance of 627.37
feet to a point in the East line of said Lot 1, Block A and the common West line of said
Lot 1X, Block A, from which a capped 5/8” iron rod stamped “JONES CARTER” found at
the Northeast corner of said Lot 1, Block A bears North 00°36'49" West, a distance of
1235.91 feet;
THENCE South 00°36'49" East, with the East line of said Lot 1, Block A and the common
West line of said Lot 1X, Block A, a distance of 45.00 feet to the POINT OF BEGINNING
and containing 0.65 acres of land more or less.
Page 203
Item 16.
603600599598599600603604605604603602-612604607606 606605601600606605604602602606607609610611612
613612613612614612613613612614615616617616615614 613612611610610609 611608 609610 607607608609610606607608609610611612613614615616617618605 604 604603614613612611610611609608607 607607605605607605
605
606
607
618619 619617616615
6156166186146116096026061 STORYBRICK & STUCCORESIDENCEPOOL1 STORYSTUCCOGARAGEFF=611.27NON-SHADEDZONE XNON-SHADEDZONE XNON-SHADEDZONE XSHADEDZONE ASHADEDZONE ASHADEDZONE ASHADEDZONE ALIMITS OFZONE A(CALLED 18.15 ACRES)JAMES RICHARD MORGANVOL. 4905, PG. 3272O.P.R.C.C.T.LOT 1BLOCK AANDREWS ADDITIONVOL. 2013, PG. 68O.P.R.C.C.T.LOT 1BLOCK AANDREWS ADDITIONVOL. 2013, PG. 68O.P.R.C.C.T.KIRK AND LAURIE ANDREWSDOC.NO. 20130222010000510O.P.R.C.C.T.CALLED 221.617 ACRESDOC. NO. 20171121001544530O.P.R.C.C.T.(S 00°18'07" W)(N 89°38'43" W 627.55')LOT 1XBLOCK ALEGACY GARDENS PHASE 1VOL. 2019, PG. 619O.P.R.C.C.T.LOT 2BLOCK ALEGACY GARDENS PHASE 1VOL. 2019, PG. 619O.P.R.C.C.T.LOT 3BLOCK ALEGACY GARDENS PHASE 1VOL. 2019, PG. 619O.P.R.C.C.T.(N 00°19'37" E)34' SANITARY SEWER EASEMENTDOC NO. 2016071000890130O.P.R.C.C.T.75' SAINTARY SEWER & HIKE& BIKE TRAILVOL. 2019, PG. 619O.P.R.C.C.T.SSMH-RIM=609.77(UNABLE TO ACESS)SSMH-RIM=610.89(UNABLE TO ACESS)SSMH-RIM=609.04FL-PVC=591.11 (E)FL-PVC=591.04 (S)45' EASEMENT TO COLLIN COUNTYVOL. 4385, PG. 3224, O.P.R.C.C.T. & 45' R.O.W. DEDICATIONVOL. 2013, PG. 68, O.P.R.C.C.T.PROSPER TRAILASPHALT ROADWAYDRAINAGE & FLOODWAYEASEMENTVOL. 2013, PG. 68O.P.R.C.C.T.1/2" IRF1/2" IRFEX. FUTURE LAND USE: LOW DENSITY RESIDENTIALPROP. FUTURE LAND USE: TOLLWAY DISTRICTEX. LAND USE: SINGLE FAMILYEXISTING ZONING: SF-15LAND USE: PLANNED DEV.EXISTING ZONING: ALAND USE: AGRICULTUREEXISTING ZONING: SF-15LAND USE: PLANNED DEV.EXISTING ZONING: SF-15LAND USE: PLANNED DEV.EXISTING ZONING: SF-15LAND USE: PLANNED DEV.APPROX 150' TONEAREST CROSS STREET45' ROW DEDICATIONEX. FUTURE LAND USE: LOW DENSITY RESIDENTIALPROP. FUTURE LAND USE:LOW DENSITY RESIDENTIALEX. LAND USE: SINGLE FAMILYDATENo.REVISION BYDATE:SHEETFile No.9/3/2019CHECKED:MAMDRAWN:ASDDESIGN:ASD1880 W. PROSPER TRAIL
PROSPER, TX TEXAS REGISTRATION #141990GRAPHIC SCALE1 inch = ft.4040804020LAND USE EXHIBITEX-B1903 CENTRAL DR. SUITE #1 PHONE: 817.281.0572
BEDFORD, TX 76092 WWW.CLAYMOOREENG.COMCOUNTYSURVEY:ABSTRACT NO.COLLINS10341A0147CITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:OWNER:APPLICANT/REPRESENTATIVE:CLAYMOORE ENGINEERING, INC.301 S. COLEMAN, SUITE #40PROSPER, TX 75078PH: 817.201.6982SURVEYOR:EAGLE SURVEYING210 S. ELM STREET, SUITE #104DENTON, TX 76201PH: 940.222.3009KIRK & LAURIE ANDREWS1880 WEST PROSPER TRAILPROSPER, TX 75078 CASE # : Z19-0024CONTACT NAME: MATT MOORECONTACT NAME: DAN RICKANDREWS ADDITIONLOT 1, BLOCK A18.439 ACRESSITENVICINITY MAP & EXISTING ZONING MAPN.T.S.1880 W. PROSPER TRAILEXISTING ZONING: A (8.99 AC)PROPOSED ZONING: O (3.42 AC)PROPOSED ZONING: SF-15 (5.57 AC)ACCORDING TO MAP NO. 48085C0235J, DATED JUNE 2, 2009 OF THE NATIONALFLOOD INSURANCE PROGRAM MAP, FLOOD INSURANCE RATE MAP OF COLLINCOUNTY, TEXAS, FEDERAL EMERGENCY MANAGEMENT AGENCY, FEDERALINSURANCE ADMINISTRATION, THIS PROPERTY IS PATRIALLY WITHIN ZONE "X",(AREAS DETERMINED TO BE OUTSIDE OF THE 0.2% ANNUAL CHANCEFLOODPLAIN) AND PARTIALLY WITHIN ZONE "A" (AREAS DETERMINED TO BEWITHIN THE 0.2% ANNUAL CHANCE FLOODPLAIN). IF THIS SITE IS NOT WITHINAN IDENTIFIED SPECIAL FLOOD HAZARD AREA, THIS FLOOD STATEMENT DOESNOT IMPLY THAT THE PROPERTY AND/OR THE STRUCTURES THEREON WILL BEFREE FROM FLOODING OR FLOOD DAMAGE. ON RARE OCCASIONS, GREATERFLOODS CAN AND WILL OCCUR AND FLOOD HEIGHTS MAY BE INCREASED BYMAN-MADE OR NATURAL CAUSES. THIS FLOOD STATEMENT SHALL NOT CREATELIABILITY ON THE PART OF THE SURVEYOR.FLOODPLAIN NOTECONTACT NAME: KIRK & LAURIE ANDREWSPRELIMINARYCLAYMOORE ENGINEERINGPage 204Item 16.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between The Carnegie Holding Company, LLC, and the Town of Prosper, Texas, related to the
CHC Prosper Trail Office development.
Description of Agenda Item:
On February 11, 2020, the Town Council unanimously approved the rezoning request (Z19-0024)
related to the CHC Prosper Trail Office development, located on the north side of Prosper Trail,
west of Shawnee Trail. The zoning request was approved subject to Town Council approval of a
Development Agreement, including architectural standards and building materials. A
Development Agreement has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to
form and legality.
Attached Documents:
1. Development Agreement
2. Exhibit A-Property Description
3. Exhibit B-Architectural Standards and Building Materials
Town Staff Recommendation:
Staff recommends the Town Council authorize the Town Manager to execute a Development
Agreement between The Carnegie Holding Company, LLC, and the Town of Prosper, Texas,
related to the CHC Prosper Trail Office development.
Proposed Motion:
I move to authorize the Town Manager to execute a Development Agreement between The
Carnegie Holding Company, LLC, and the Town of Prosper, Texas, related to the CHC Prosper
Trail Office development.
Prosper is a place where everyone matters.
PLANNING
Page 205
Item 17.
1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and between the
Town of Prosper, Texas (“Town”), and The Carnegie Holding Company, LLC (“Owner”)
(individually, a “Party” and collectively, the “Parties”) to be effective (the “Effective Date”) on the
latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin County and
Denton County, Texas, organized and existing under the laws of the State of Texas; and
WHEREAS, Owner is a limited liability company qualified to do business in the State of
Texas; and
WHEREAS, Owner is developing property in the Town for office and single-family
residential uses (the “Development”); and
WHEREAS, a legal description of the property for the Development is more particularly
described in Exhibit A, attached hereto and incorporated by reference (the “Property”); and
WHEREAS, this Agreement seeks to incorporate, in part, the negotiated and agreed upon
materials construction and architectural standards for the Development and as contained in this
Development Agreement, and to recognize Owner’s reasonable investment-backed expectations
in the Development, as more fully described herein; and
WHEREAS, subject to the terms of this Agreement, Owner agrees and acknowledges that
it will construct on the Property structures in accordance with the provisions, standards and notes
reflected in this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises, and for other good and
valuable consideration the receipt and adequacy of which are hereby acknowledged, the Parties
to this Agreement agree as follows:
1. Architectural Standards and Building Materials. For any structure built in the
Development following the Effective Date, it shall comply with the applicable requirements
contained in Exhibit B, “Architectural Standards and Building Materials,” attached hereto and
incorporated by reference, and Owner agrees to construct those structures in compliance
therewith. The Parties agree and acknowledge that the provisions of this Paragraph shall apply
to any structure constructed subsequent to the execution of this Agreement. Nothing in this
Agreement shall be deemed to modify or otherwise amend any zoning regulation duly adopted by
the Town, previously or in the future.
2. Covenant Running with the Land. The terms, conditions, rights, obligations,
benefits, covenants and restrictions of the provisions of this Agreement shall be deemed
covenants running with the land, and shall be binding upon and inure to the benefit of the Owner
and its heirs, representatives, successors and assigns. This Agreement shall be deemed to be
incorporated into each deed and conveyance of the Property or any portion thereof hereafter made
by any other owners of the Property, regardless of whether this Agreement is expressly referenced
therein.
Page 206
Item 17.
2
3. Applicability of Town Ordinances. Owner shall develop the Property, and
construct all structures on the Property, in accordance with all applicable Town ordinances and
building/construction codes.
4. Default. No Party shall be in default under this Agreement until notice of the
alleged failure of such Party to perform has been given (which notice shall set forth in reasonable
detail the nature of the alleged failure) and until such Party has been given a reason able time to
cure the alleged failure (such reasonable time determined based on the nature of the alleged
failure, but in no event less than thirty (30) days after written notice of the alleged failure has been
given). In addition, no Party shall be in default under this Agreement if, within the applicable cure
period, the Party to whom the notice was given begins performance and thereafter diligently and
continuously pursues performance until the alleged failure has been cured. If either Party is in
default under this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable for
consequential or punitive damages.
5. Venue. This Agreement shall be governed by and construed in accordance with
the laws of the State of Texas, and all obligations of the parties created hereunder are performable
in Collin County, Texas. Exclusive venue for any action arising under this Agreement shall lie in
Collin County, Texas.
6. Notice. Any notices required or permitted to be given hereunder (each, a “Notice”)
shall be given by certified or registered mail, return receipt requested, to the addresses set forth
below or to such other single address as either party hereto shall notify the other:
If to the Town: The Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Owner: The Carnegie Holding Company, LLC
PO Box 470978
Fort Worth, Texas 76147
Attention: Rian Maguire, Manager
With a Copy to: Andy Rogers, Attorney at Law
Kelly Hart
201 Main Street, Suite 25
Fort Worth, Texas 76102
7. Prevailing Party. In the event any person initiates or defends any legal action or
proceeding to enforce or interpret any of the terms of this Agreement, the prevailing party in any
such action or proceeding shall be entitled to recover its reasonable costs and attorney’s fees
(including its reasonable costs and attorney’s fees on any appeal).
8. Entire Agreement. This Agreement contains the entire agreement between the
Parties hereto with respect to development of the Property and supersedes all prior agreements,
oral or written, with respect to the subject matter hereof. The provisions of this Agreement shall
be construed as a whole and not strictly for or against any Party.
Page 207
Item 17.
3
9. Savings/Severability. In the event any provision of this Agreement shall be
determined by any court of competent jurisdiction to be invalid or unenforceable, the Agreement
shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if
such invalid provision were not a part hereof.
10. Binding Agreement. A telecopied facsimile of a duly executed counterpart of this
Agreement shall be sufficient to evidence the binding agreement of each party to the terms herein,
including without limitation a scanned copy sent via electronic mail by either party.
11. Authority to Execute. This Agreement shall become a binding obligation on the
signatories upon execution by all signatories hereto. The Town warrants and represents that the
individual executing this Agreement on behalf of the Town has full authority to execute this
Agreement and bind the Town to the same. Owner warrants and represents that the individual
executing this Agreement on behalf of Owner has full authority to execute this Agreement and
bind Owner to the same. The Town Council hereby authorizes the Town Manager of the Town to
execute this Agreement on behalf of the Town.
12. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Denton County, Texas.
13. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the signatories
hereto, the signatories agree to submit such disagreement to nonbinding mediation.
14. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this Agreement.
15. Effect of Recitals. The recitals contained in this Agreement: (a) are true and
correct as of the Effective Date; (b) form the basis upon which the Parties negotiated and entered
into this Agreement; (c) are legislative findings of the Town Council; and (d) reflect the final intent
of the Parties with regard to the subject matter of this Agreement. In the event it becomes
necessary to interpret any provision of this Agreement, the intent of the Parties, as evidenced by
the recitals, shall be taken into consideration and, to the maximum extent possible, given full effect.
The Parties have relied upon the recitals as part of the consideration for entering into this
Agreement and, but for the intent of the Parties reflected by the recitals, would not have entered
into this Agreement.
16. Consideration. This Agreement is executed by the parties hereto without coercion
or duress and for substantial consideration, the sufficiency of which is forever confessed.
17. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile signature
will also be deemed to constitute an original.
18. Exactions/Infrastructure Costs. Owner has been represented by legal counsel
in the negotiation of this Agreement and been advised or has had the opportunity to have legal
counsel review this Agreement and advise Owner, regarding Owner’s rights under Texas and
federal law. Owner hereby waives any requirement that the Town retain a professional engineer,
licensed pursuant to Chapter 1001 of the Texas Occupations Code, to review and determine that
the exactions required by the Town are roughly proportional or roughly proportionate to the
proposed development’s anticipated impact. Owner specifically reserves its right to appeal the
Page 208
Item 17.
4
apportionment of municipal infrastructure costs in accordance with § 212.904 of the Texas Local
Government Code; however, notwithstanding the foregoing, Owner hereby releases the Town
from any and all liability under § 212.904 of the Texas Local Government Code, as amended,
regarding or related to the cost of those municipal infrastructure requirements imposed by this
Agreement.
19. Rough Proportionality. Owner hereby waives any federal constitutional claims
and any statutory or state constitutional takings claims under the Texas Constitution with respect
to roadway or infrastructure requirements imposed by this Agreement. Owner and the Town
further agree to waive and release all claims one may have against the other related to any and
all rough proportionality and individual determination requirements mandated by the United States
Supreme Court in Dolan v. City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any
other requirements of a nexus between development conditions and the projected impact of the
terms of this Agreement, with respect to roadway or infrastructure requirements imposed by this
Agreement.
20. Waiver of Texas Government Code § 3000.001 et seq. With respect to any
structures or improvements constructed on the Property pursuant to this Agreement, Owner
hereby waives any right, requirement or enforcement of Texas Government Code §§ 3000.001-
3000.005, effective as of September 1, 2019.
21. Time. Time is of the essence in the performance by the Parties of their respective
obligations under this Agreement.
22. Third Party Beneficiaries. Nothing in this Agreement shall be construed to create
any right in any third party not a signatory to this Agreement, and the Parties do not intend to
create any third-party beneficiaries by entering into this Agreement.
23. Amendment. This Agreement shall not be modified or amended except in writing
signed by the Parties. A copy of each amendment to this Agreement, when fully executed and
recorded, shall be provided to each Party, Assignee and successor owner of all or any part of the
Land; however, the failure to provide such copies shall not affect the validity of any amendment.
24. Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted
equally by all Parties hereto. The language of all parts of this Agreement shall be construed as a
whole according to its fair meaning, and any presumption or principle that the language herein is
to be construed against any Party shall not apply.
IN WITNESS WHEREOF, the parties hereto have caused this document to be executed
as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Harlan Jefferson
Title: Town Manager, Town of Prosper
Page 209
Item 17.
5
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of February, 2020, by Harlan
Jefferson, Town Manager of the Town of Prosper, Texas, on behalf of the Town of Prosper, Texas.
Notary Public, State of Texas
My Commission Expires: _________________
Page 210
Item 17.
6
OWNER:
The Carnegie Holding Company, LLC
By: ________________________________
Name: Rian Maguire
Title: Manager
STATE OF TEXAS )
)
COUNTY OF TARRANT )
This instrument was acknowledged before me on the ___ day of February, 2020, by Rian
Maguire, in his capacity as Manager of The Carnegie Holding Company, LLC, known to be the
person whose name is subscribed to the foregoing instrument, and that he executed the same on
behalf of and as the act of Owner.
Notary Public, State of Texas
My Commission Expires: _________________
Page 211
Item 17.
Page 212
Item 17.
Page 213
Item 17.
8
EXHIBIT B
ARCHITECTURAL STANDARDS AND BUILDING MATERIALS
Office Structure(s)
A. All exterior facades of any office building or structure, excluding glass windows and
doors, shall be constructed using the permitted buildings materials in Sections B
and C.
B. Permitted primary exterior materials are clay fired brick, natural, precast, and
manufactured stone, granite, marble, architectural concrete block, split face
concrete masonry unit, and architecturally finished concrete tilt wall.
C. Secondary materials used on the façade of a building are those that comprise a
total of ten percent (10%) or less of an elevation area. Permitted secondary
materials are all primary materials, aluminum or other metal, cedar or similar quali ty
decorative wood, stucco and high impact exterior insulation and finish systems
(EIFS). Stucco and EIFS are only permitted a minimum of nine feet (9’) above
grade.
D. No single material shall exceed eighty percent (80%) of an elevation area. A
minimum of twenty percent (20%) of the front façade and all facades facing public
right-of-way shall be natural or manufactured stone. A minimum of ten percent
(10%) of all other facades shall be natural or manufactured stone.
E. All buildings with a footprint of less than ten thousand (10,000) square feet and
located 100 feet or less from a residential zoning district shall incorporate a pitched,
gabled, mansard, hipped, or otherwise sloped roof. All sloped roofs shall have a
six (6) in twelve (12) inch minimum slope. All buildings with a footprint of less than
ten thousand (10,000) square feet and located 100 feet or greater from a residential
zoning district shall incorporate a pitched, gabled, mansard, hipped, or otherwise
sloped roof, or a flat roof with an articulated parapet wall or cornice. Wood shingles
are prohibited. Composition shingles are allowed provided they have architectural
detail and a minimum 30-year life.
F. All buildings with a footprint of ten thousand (10,000) square feet and greater shall
incorporate sloped roof elements including, but not limited to pitched roofs on
towers or arcades, sloped awnings, sloped parapets. Flat roofs are permitted with
an articulated parapet wall or cornice in place of the requ ired sloped roof elements.
The sloped elements shall be provided along a minimum of sixty percent (60%) of
each wall’s length. All sloped roof elements shall have a six (6) in twelve (12) inch
minimum slope. Wood shingles are prohibited. Composition shingles are allowed
provided they have architectural detail and a minimum 30 -year life.
Page 214
Item 17.
9
G. All buildings shall be designed to incorporate a form of architectural articulation
every thirty feet (30’), both horizontally along each wall’s length and vertically along
each wall’s height. Acceptable articulation may include the following:
• Canopies, awnings, or porticos;
• Recesses/projections;
• Arcades;
Arches;
• Display windows, including a minimum sill height of thirty inches (30”);
• Architectural details (such as tile work and moldings) integrated into the
building facade;
• Articulated ground floor levels or base;
• Articulated cornice line;
• Integrated planters or wing walls that incorporate landscape and sitting
areas;
• Offsets, reveals or projecting rib used to express archi tectural or structural
bays; or
• Varied roof heights.
H. All buildings shall be architecturally finished on all four (4) sides with same
materials, detailing, and features except the rear if two (2) rows of trees are planted
on the perimeter behind the building. In this case, the architectural finish must
match the remainder of the building in color only. A double row of trees on offset
fifty foot (50’) centers in a fifteen foot (15’) landscape edge, where fifty percent
(50%) of the trees are canopy evergreen trees. This is for facades that are not
visible from public streets and apply to anchor buildings and attached in line spaces
only. This provision does not apply to “out” buildings or pad sites.
I. Windows shall have a maximum exterior visible reflectivity of ten percent (10%).
The intent of this provision is to prevent the safety hazard of light reflecting from
the windows on to adjacent roadways.
J. All buildings within a common development, as shown on a Preliminary Site Plan,
shall have similar architectural styles, materials, and colors.
Page 215
Item 17.
10
1. Conceptual facade plans and sample boards shall be submitted with the
Preliminary Site Plan application for all non -residential uses. The purpose
of the conceptual facade plan is to ensure consistency and compatibility for
all buildings within a single development. Facade plans will be used only to
ensure minimum standards are met.
2. A final facade plan and sample boards shall be submitted with the Final Site
Plan application for all non-residential uses. Facade plans will be used only
to ensure minimum standards are met. Facade plans shall be reviewed and
approved by the Director of Development Services or his/her designee. The
applicant may appeal the decision to the Planning & Zoning Commission
and Town Council using the appeal procedure in Chapter 4, Section 1 of the
Zoning Ordinance.
K. All primary and secondary exterior building materials (exclusive of glass) shall be
of natural texture and shall be neutrals, creams, or other similar, non -reflective
earth tone colors. Bright, reflective, pure tone primary or secondary colors, such
as red, orange, yellow, blue, violet, or green are not permitted.
L. Corporate identities that conflict with the building design criteria shall be reviewed
on a case-by-case basis and approved by the Director of Development Services or
his/her designee. The applicant may appeal the decision to the Planning & Zoning
Commission and Town Council using the appeal procedure in Chapter 4, Section
1 of the Zoning Ordinance.
M. Exposed conduit, ladders, utility boxes, and drain spouts shall be painted to match
the color of the building or an accent color. Natural metal finishes (patina) are an
acceptable alternative to paint.
Single-Family Residential Structures
A. The exterior facade of a residential building or structure, excluding glass windows
and doors, shall comply with the following requirements:
1. The exterior facades shall be constructed of one hundred percent (100%)
masonry.
2. Cementitious fiber board is considered masonry, but may only constitute fifty
percent (50%) of stories other than the first story.
3. Cementitious fiber board may not be used as a façade cladding material for
portions of upper stories that are in the same vertical plane as the first story.
4. Any portion of an upper story, excluding windows, that faces a street, public
or private open space, public or private parks, or hike and bike trails, shall
be 100% masonry and shall not be comprised of cementitious fiber board.
Page 216
Item 17.
11
5. The exterior cladding of chimneys shall be brick, natural or manufactured
stone, or stucco.
6. Cementitious fiber board may be used for architectural features, including
window box-outs, bay windows, roof dormers, garage door headers,
columns, or other architectural features approved by the Building Official.
B. The roof pitches of any building or structure, including garages, shall meet
the following roof pitch standards:
1. A minimum of sixty-five percent (65%) of the surface area of
composition roofs shall maintain a minimum roof pitch of 8:12.
2. A minimum of seventy-five percent (75%) of the surface area of clay
tile, cement tile, slate or slate products, or metal roofs shall maintain a
minimum roof pitch of 3:12.
3. Wood roof shingles are prohibited.
NOTE: For purposes of this Agreement, “masonry” shall mean stone, stucco, brick, tile,
concrete, glass or similar materials of any similar material approved by the Town’s
Director of Development Services.
Page 217
Item 17.
Page 1 of 3
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance rezoning 0.4± acres from
Single Family-15 (SF-15) to Downtown Office (DTO), located on the north side of Broadway Street,
east of Parvin Street (511 E. Broadway Street). (Z20-0001).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land
Use Plan
Subject
Property Single Family-15 Single Family
Residential Old Town Office
North Single Family-15 Single Family
Residential Old Town Single Family
East Single Family-15 Single Family
Residential Old Town Office
South Downtown Office Vacant Old Town Office
West Single Family-15 Single Family
Residential Old Town Office
Requested Zoning – The purpose of this request is to rezone the property to the Downtown Office
(DTO) District to allow for the conversion of the existing residential structure into an office. At the
time of an application for “straight” zoning, the applicant is not required to submit an exhibit
depicting how the property will be specifically developed or elevations of the proposed building.
Prior to development, the developer will be required to submit a Site Plan for review and approval
by the Planning & Zoning Commission. The applicant has been advised of the standards
Prosper is a place where everyone matters.
PLANNING
Page 218
Item 18.
Page 2 of 3
necessary for development. The applicant has agreed to enter into a Development Agreement
with the Town regarding architecture and building materials. A Development Agreement is also
on the Town Council’s February 25, 2020, Consent Agenda for consideration.
Future Land Use Plan – The Future Land Use Plan recommends Old Town Office. The proposed
zoning request conforms to the Future Land Use Plan.
Thoroughfare Plan – The property has direct access to Broadway Street, a two lane divided
roadway. The proposed request conforms to the Thoroughfare Plan.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property; however, a hike and bike trail will be needed at the time of development.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by State Law. Town staff
has received one (1) Public Hearing Notice Reply Form, in support of the request. Town Attorney,
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form
and legality.
Attached Documents:
1. Aerial and Zoning Maps
2. Ordinance
3. Proposed Exhibit A
4. Public Hearing Notice Reply Form
Town Staff Recommendation:
Staff recommends approval of the request to rezone 0.4± acres from Single Family-15 (SF-15) to
Downtown Office (DTO), located on the north side of Broadway Street, east of Parvin Street (511
E. Broadway Street), subject to approval of a development agreement regarding architecture and
building materials.
Subject Property
Page 219
Item 18.
Page 3 of 3
Proposed Motion:
I move to approve an ordinance rezoning 0.4± acres from Single Family-15 (SF-15) to Downtown
Office (DTO), located on the north side of Broadway Street, east of Parvin Street (511 E. Broadway
Street).
Page 220
Item 18.
Z20-0001
THIRD ST
FIFTH ST
BROADWAY STCHURCH STCRAIG RDPARVIN STLANE STFIELD STFIFTH ST
±0 150 30075FeetPage 221
Item 18.
Z20-0001
S-3
PD-93
PD-81
SF-15
SF-15
DTO
O
C
DTO
SF-15
DTSF
SF-15
DTO
SF-10
DTO
THIRD ST
FIFTH ST
BROADWAY STCHURCH STCRAIG RDPARVIN STLANE STFIELD STFIFTH ST
±0 150 30075FeetPage 222
Item 18.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-___
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 0.41 ACRES, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND, ABSTRACT NO. 147, IN THE TOWN OF PROSPER, COLLIN
COUNTY, TEXAS FROM SINGLE FAMILY-15 (SF-15) TO DOWNTOWN
OFFICE (DTO); DESCRIBING THE TRACT TO BE REZONED; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING
FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR
THE PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case Z20-
0001) from Lifelong Properties, LLC (“Applicant”), to rezone 0.41 acres of land, more or less, in
the Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas, from Single Family-15 (SF-15) to Downtown Office (DTO) and being more particularly
described in Exhibit “A,” attached hereto and incorporated herein for all purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, Public Hearings have been held, and all other requirements of notice and
completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below described
property containing 0.41 acres of land, more or less, in the Collin County School Land Survey,
Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the “Property”) and all streets,
roads, and alleyways contiguous and/or adjacent thereto is hereby zoned as Downtown Office
(DTO) and being more particularly described in Exhibit “A,” attached hereto and incorporated
herein for all purposes as if set forth verbatim.
Page 223
Item 18.
Ordinance No. 2020-__, Page 2
All development plans, standards, and uses for the Property shall comply fully with the
requirements of all ordinances, rules, and regulations of the Town of Prosper, as they currently
exist or may be amended.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
Page 224
Item 18.
Ordinance No. 2020-__, Page 3
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2020.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 225
Item 18.
Page 226Item 18.
Page 227
Item 18.
Page 1 of 1
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon authorizing the Town Manager to execute a Development Agreement
between Lifelong Properties, LLC, and the Town of Prosper, Texas, related to a downtown office
located on the north side of Broadway Street, east of Parvin Street (511 E. Broadway Street).
Description of Agenda Item:
On February 4, 2020, the Planning & Zoning Commission recommended unanimous approval of
the rezoning request (Z20-0001) of 511 E. Broadway Street from Single Family-15 (SF-15) to
Downtown Office (DTO). In conjunction with the request, the applicant agreed to enter into a
Development Agreement related to construction materials and architectural features. The
proposed rezoning request and ordinance are also on the Town Council’s February, 25, 2020,
Consent Agenda for consideration. In conjunction with the rezoning request, a Development
Agreement has been prepared accordingly.
Legal Obligations and Review:
Town Attorney, Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to
form and legality.
Attached Documents:
1. Development Agreement
2. Exhibit A-Property Description
Town Staff Recommendation:
Town Staff recommends authorizing the Town Manager to execute a Development Agreement
between Lifelong Properties, LLC, and the Town of Prosper, Texas, related to a downtown office
located on the north side of Broadway Street, east of Parvin Street (511 E. Broadway Street).
Proposed Motion:
I move to authorize the Town Manager to execute a Development Agreement between Lifelong
Properties, LLC, and the Town of Prosper, Texas, related to a downtown office located on the
north side of Broadway Street, east of Parvin Street (511 E. Broadway Street).
Prosper is a place where everyone matters.
PLANNING
Page 228
Item 19.
1
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and
between the Town of Prosper, Texas (“Town”), and Lifelong Properties, LLC (“Owner”)
(individually, a “Party” and collectively, the “Parties”) to be effective (the “Effective Date”)
on the latest date executed by a Party.
WHEREAS, the Town is a home-rule municipal corporation, located in Collin
County and Denton County, Texas, organized and existing under the laws of the State of
Texas; and
WHEREAS, Owner is the owner of property located at 511 Broadway in the Town,
the legal description of which is more particularly described in Exhibit A, attached hereto
and incorporated by reference (the “Property”); and
WHEREAS, Owner has requested to rezone the Property from Single Family-15
(SF-15) to Downtown Office (DTO); and
WHEREAS, this Agreement seeks to incorporate, in part, the negotiated and
agreed upon development standards contained in the underlying zoning ordinance, as
may be amended, and/or this Development Agreement, to recognize Owner’s
reasonable investment-backed expectations in the Property, as may be amended, and
as more fully described herein; and
WHEREAS, subject to the terms of this Agreement, Owner agrees and
acknowledges that it will construct on the Property structures in accordance with the
provisions, standards and notes reflected in this Agreement.
NOW, THEREFORE, in consideration of the foregoing premises, and for other
good and valuable consideration the receipt and adequacy of which are hereby
acknowledged, the Parties to this Agreement agree as follows:
1. Architectural Standards and Building Materials. For any structure built
on the Property following the Effective Date, it shall comply with the applicable
requirements contained in Exhibit B, “Architectural Standards and Building Materials,” and
Exhibit C, “Exterior Building Materials,” attached hereto and incorporated by reference,
and Owner agrees to construct those structures in compliance therewith. The Parties
agree and acknowledge that the provisions of this Paragraph shall apply to any structure
constructed subsequent to the execution of this Agreement. Nothing in this Agreement
shall be deemed to modify or otherwise amend any zoning regulation duly adopted by the
Town, previously or in the future.
2. Covenant Running with the Land. The terms, conditions, rights,
obligations, benefits, covenants and restrictions of the provisions of this Agreement shall
be deemed covenants running with the land, and shall be binding upon and inure to the
benefit of the Owner and its heirs, representatives , successors and assigns. This
Agreement shall be deemed to be incorporated into each deed and conveyance of the
Page 229
Item 19.
2
Property or any portion thereof hereafter made by any other owners of the Property,
regardless of whether this Agreement is expressly referenced therein.
3. Applicability of Town Ordinances. Owner shall develop the Property, and
construct all structures on the Property, in accordance with all applicable Town
ordinances and building/construction codes.
4. Default. No Party shall be in default under this Agreement until notice of
the alleged failure of such Party to perform has been given (which notice shall set forth in
reasonable detail the nature of the alleged failure) and until such Party has been given a
reasonable time to cure the alleged failure (such reasonable time determined based on
the nature of the alleged failure, but in no event less than thirty (30) days after written
notice of the alleged failure has been given). In addition, no Party shall be in default under
this Agreement if, within the applicable cure period, the Party to whom the notice was
given begins performance and thereafter diligently and continuously pursues
performance until the alleged failure has been cured. If either Party is in default under
this Agreement, the other Party shall have the right to enforce the Agreement in
accordance with applicable law, provided, however, in no event shall any Party be liable
for consequential or punitive damages.
5. Venue. This Agreement shall be governed by and construed in accordance
with the laws of the State of Texas, and all obligations of the parties created hereunder
are performable in Collin County, Texas. Exclusive venue for any action arising under
this Agreement shall lie in Collin County, Texas.
6. Notice. Any notices required or permitted to be given hereunder (each, a
“Notice”) shall be given by certified or registered mail, return receipt requested, to the
addresses set forth below or to such other single address as either party hereto shall
notify the other:
If to the Town: The Town of Prosper
250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Owner: Lifelong Properties, LLC
212 E. Broadway Street
Prosper, Texas 75078
7. Prevailing Party. In the event any person initiates or defends any legal
action or proceeding to enforce or interpret any of the terms of this Agreement, the
prevailing party in any such action or proceeding shall be entitled to recover its reasonable
costs and attorney’s fees (including its reasonable costs and attorney’s fees on any
appeal).
Page 230
Item 19.
3
8. Entire Agreement. This Agreement contains the entire agreement
between the Parties hereto with respect to development of the Property and supersedes
all prior agreements, oral or written, with respect to the subject matter hereof. The
provisions of this Agreement shall be construed as a whole and not strictly for or against
any Party.
9. Savings/Severability. In the event any provision of this Agreement shall
be determined by any court of competent jurisdiction to be invalid or unenforceable, the
Agreement shall, to the extent reasonably possible, remain in force as to the balance of
its provisions as if such invalid provision were not a part hereof.
10. Binding Agreement. A telecopied facsimile of a duly executed counterpart
of this Agreement shall be sufficient to evidence the binding agreement of each party to
the terms herein, including without limitation a scanned copy sent via electronic mail by
either party.
11. Authority to Execute. This Agreement shall become a binding obligation
on the signatories upon execution by all signatories hereto. The Town warrants and
represents that the individual executing this Agreement on behalf of the Town has full
authority to execute this Agreement and bind the Town to the same. Owner warrants and
represents that the individual executing this Agreement on behalf of Owner has full
authority to execute this Agreement and bind Owner to the same. The Town Council
hereby authorizes the Town Manager of the Town to execute this Agreement on behalf
of the Town.
12. Filing in Deed Records. This Agreement, and any and all subsequent
amendments to this Agreement, shall be filed in the deed records of Collin County, Texas.
13. Mediation. In the event of any disagreement or conflict concerning the
interpretation of this Agreement, and such disagreement cannot be resolved by the
signatories hereto, the signatories agree to submit such disagreement to nonbinding
mediation.
14. Notification of Sale or Transfer; Assignment of Agreement. Owner
shall notify the Town in writing of any sale or transfer of all or any portion of the Property,
within ten (10) business days of such sale or transfer. Owner has the right (from time to
time without the consent of the Town, but upon written notice to the Town) to assign this
Agreement, in whole or in part, and including any obligation, right, title, or interest of
Owner under this Agreement, to any person or entity (an “Assignee”) that is or will become
an owner of any portion of the Property or that is an entity that is controlled by or under
common control with Owner. Each assignment shall be in writing executed by Owner
and the Assignee and shall obligate the Assignee to be bound by this Agreement. A copy
of each assignment shall be provided to the Town within ten (10) business days after
execution. Provided that the successor owner assumes the liabilities, responsibilities,
and obligations of the assignor under this Agreement, the assigning party will be released
from any rights and obligations under this Agreement as to the Property that is the subject
Page 231
Item 19.
4
of such assignment, effective upon receipt of the assignment by the Town. No
assignment by Owner shall release Owner from any liability that resulted from an act or
omission by Owner that occurred prior to the effective date of the assignment. Owner
shall maintain true and correct copies of all assignments made by Owner to Assignees,
including a copy of each executed assignment and the Assignee’s Notice information.
15. Sovereign Immunity. The Parties agree that the Town has not waived its
sovereign immunity from suit by entering into and performing its obligations under this
Agreement.
16. Effect of Recitals. The recitals contained in this Agreement: (a) are true
and correct as of the Effective Date; (b) form the basis upon which the Parties negotiated
and entered into this Agreement; (c) are legislative findings of the Town Council; and (d)
reflect the final intent of the Parties with regard to the subject matter of this Agreement.
In the event it becomes necessary to interpret any provision of this Agreement, the intent
of the Parties, as evidenced by the recitals, shall be taken into consideration and, to the
maximum extent possible, given full effect. The Parties have relied upon the recitals as
part of the consideration for entering into this Agreement and, but for the intent of the
Parties reflected by the recitals, would not have entered into this Agreement.
17. Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
18. Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes. A facsimile
signature will also be deemed to constitute an original.
19. Exactions/Infrastructure Costs. Owner has been represented by legal
counsel in the negotiation of this Agreement and been advised or has had the opportunity
to have legal counsel review this Agreement and advise Owner, regarding Owner ’s rights
under Texas and federal law. Owner hereby waives any requirement that the Town retain
a professional engineer, licensed pursuant to Chapter 1001 of the Texas Occupations
Code, to review and determine that the exactions required by the Town are roughly
proportional or roughly proportionate to the proposed development’s anticipated impact.
Owner specifically reserves its right to appeal the apportionment of municipal
infrastructure costs in accordance with § 212.904 of the Texas Local Government Code;
however, notwithstanding the foregoing, Owner hereby releases the Town from any and
all liability under § 212.904 of the Texas Local Government Code, as amended, regarding
or related to the cost of those municipal infrastructure requirements imposed by this
Agreement.
20. Rough Proportionality. Owner hereby waives any federal constitutional
claims and any statutory or state constitutional takings claims under the Texas
Constitution with respect to roadway or infrastructure requirements imposed by this
Agreement. Owner and the Town further agree to waive and release all claims one may
Page 232
Item 19.
5
have against the other related to any and all rough proportionality and individual
determination requirements mandated by the United States Supreme Court in Dolan v.
City of Tigard, 512 U.S. 374 (1994), and its progeny, as well as any other requirements
of a nexus between development conditions and the projected impact of the terms of this
Agreement, with respect to roadway or infrastructure requirements imposed by this
Agreement.
21. Waiver of Texas Government Code § 3000.001 et seq.. With respect to
any structures or improvements constructed on the Property pursuant to this Agreement,
Owner hereby waives any right, requirement or enforcement of Texas Government Code
§§ 3000.001-3000.005, effective as of September 1, 2019.
22. Time. Time is of the essence in the performance by the Parties of their
respective obligations under this Agreement.
23. Third Party Beneficiaries. Nothing in this Agreement shall be construed
to create any right in any third party not a signatory to this Agreement, and the Parties do
not intend to create any third-party beneficiaries by entering into this Agreement.
24. Amendment. This Agreement shall not be modified or amended except in
writing signed by the Parties. A copy of each amendment to this Agreement, when fully
executed and recorded, shall be provided to each Party, Assignee and successor owner
of all or any part of the Land; however, the failure to provide such copies shall not affect
the validity of any amendment.
25. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreement shall be
construed as a whole according to its fair meaning, and any presumption or principle that
the language herein is to be construed against any Party shall not apply.
IN WITNESS WHEREOF, the parties hereto have caused this document to be
executed as of the date referenced herein.
Page 233
Item 19.
6
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Harlan Jefferson
Title: Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
______________, 2020, by Harlan Jefferson, Town Manager of the Town of Prosper,
Texas, on behalf of the Town of Prosper, Texas.
Notary Public, State of Texas
My Commission Expires: _________________
Page 234
Item 19.
7
OWNER:
LIFELONG PROPERTIES, LLC
By: ________________________________
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
_______________, 2020, by ___________________________, known to be the person
whose name is subscribed to the foregoing instrument, and that he executed the same
on behalf of and as the act of Owner.
Notary Public, State of Texas
My Commission Expires: _________________
Page 235
Item 19.
8
EXHIBIT A
(Property Description)
Page 236
Item 19.
9
EXHIBIT B
ARCHITECTURAL STANDARDS AND BUILDING MATERIALS
A. All exterior facades, excluding glass windows and doors, shall be constructed
using the permitted buildings materials in Sections B and C.
B. Permitted primary exterior materials are clay fired brick, natural, precast, and
manufactured stone, granite, marble, architectural concrete block, split face
concrete masonry unit, architecturally finished concrete tilt wall and stucco.
C. Secondary materials used on the façade of a building are those that comprise a
total of ten percent (10%) or less of an elevation area. Permitted secondary
materials are all primary materials, aluminum or other metal, cedar or similar
quality decorative wood, and high impact exterior insulation and finish systems
(EIFS).
D. No single material shall exceed eighty percent (80%) of an elevation area. A
minimum of twenty percent (20%) of the front façade and all facades facing public
right-of-way shall be natural or manufactured stone. A minimum of ten percent
(10%) of all other facades shall be natural or manufactured stone.
E. All buildings with a footprint of less than ten thousand (10,000) square feet and
located 100 feet or less from a residential zoning district shall incorporate a
pitched, gabled, mansard, hipped, or otherwise sloped roof. All sloped roofs shall
have a six (6) in twelve (12) inch minimum slope. All buildings with a footprint of
less than ten thousand (10,000) square feet and lo cated 100 feet or greater from
a residential zoning district shall incorporate a pitched, gabled, mansard, hipped,
or otherwise sloped roof, or a flat roof with an articulated parapet wall or cornice.
Wood shingles are prohibited. Composition shingles are allowed provided they
have architectural detail and a minimum 30-year life.
F. All buildings with a footprint of ten thousand (10,000) square feet and greater shall
incorporate sloped roof elements including, but not limited to pitched roofs on
towers or arcades, sloped awnings, sloped parapets. Flat roofs are permitted with
an articulated parapet wall or cornice in place of the required sloped roof elements.
The sloped elements shall be provided along a minimum of sixty percent (60%) of
each wall’s length. All sloped roof elements shall have a six (6) in twelve (12) inch
minimum slope. Wood shingles are prohibited. Composition shingles are allowed
provided they have architectural detail and a minimum 30 -year life.
G. All buildings shall be designed to incorporate a form of architectural articulation
every thirty feet (30’), both horizontally along each wall’s length and vertically along
each wall’s height. Acceptable articulation may include the following:
• Canopies, awnings, or porticos;
Page 237
Item 19.
10
• Recesses/projections;
• Arcades;
• Arches;
• Display windows, including a minimum sill height of thirty inches (30”);
• Architectural details (such as tile work and moldings) integrated into the
building facade;
• Articulated ground floor levels or base;
• Articulated cornice line;
• Integrated planters or wing walls that incorporate landscape and sitting
areas;
• Offsets, reveals or projecting rib used to express architectural or structural
bays; or
• Varied roof heights.
H. All buildings shall be architecturally finished on all four (4) sides with same
materials, detailing, and features except the rear if two (2) rows of trees are planted
on the perimeter behind the building. In this case, the architectural finish must
match the remainder of the building in color only. A double row of trees on offset
fifty foot (50’) centers in a fifteen foot (15’) landscape edge, where fifty percent
(50%) of the trees are canopy evergreen trees. This is for facades that are not
visible from public streets and apply to anchor buildings and attached in line
spaces only. This provision does not apply to “out” buildings or pad sites.
I. All primary and secondary exterior building materials (exclus ive of glass) shall be
of natural texture and shall be neutrals, creams, or other similar, non -reflective
earth tone colors. Bright, reflective, pure tone primary or secondary colors, such
as red, orange, yellow, blue, violet, or green are not permitted.
J. Corporate identities that conflict with the building design criteria shall be reviewed
on a case-by-case basis and approved by the Director of Development Services
or his/her designee. The applicant may appeal the decision to the Planning &
Zoning Commission and Town Council using the appeal procedure in Chapter 4,
Section 1 of the Zoning Ordinance.
Page 238
Item 19.
11
EXHIBIT C
EXTERIOR BUILDING MATERIALS
The exterior facades of a main building or structure, excluding glass windows and doors,
shall comply with the following requirements:
A. The exterior facades shall be constructed of one hundred percent (100%)
masonry, unless otherwise specified.
B. Cementatious fiber board is considered masonry, but may only constitute fifty
percent (50%) of stories other than the first story.
C. Cementatious fiber board may not be used as a façade cladding material for
portions of upper stories that are in the same vertical plane as the first story.
D. Unless an alternate material is approved by the Town Council, any portion of an
upper story, excluding windows, that faces a street, public or private open space,
public or private parks, or hike and bike trails, shall be 100% masonry and shall
not be comprised of cementatious fiber board.
E. Unless an alternate material is approved by the Town Council, the exterior cladding
of chimneys shall be brick, natural or manufactured stone, or stucco.
F. Cementitious fiber board may be used on up to ninety (90) percent of a structure.
G. Cementitious fiber board may be used for architectural features, including window
box-outs, bay windows, roof dormers, garage door headers, columns, or other
architectural features approved by the Building Official.
H. The roof pitches of a main building or structure, including garages, shall meet the
following roof pitch standards: (a) a minimum of sixty-five percent (65%) of the
surface area of composition roofs shall maintain a minimum roof pitch of 8:12 ; (b)
a minimum of seventy-five percent (75%) of the surface area of clay tile, cement
tile, slate or slate products, or metal roofs shall maintain a minimum roof pitch of
3:12; and (c) wood roof shingles are prohibited.
Page 239
Item 19.
GARY PAUL BACZKOWSKI INST. NO. 20080811000971930
SINGLE FAMILY ZONING
TIMOTHY S. HARDY AND SPOUSE, ROBIN A. HARDY VOL. 4572, PG. 2427
SINGLE FAMILY ZONING
DAVID C. HAMBY INST. NO. 20070102000003930 SINGLE FAMILY ZONING
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DIRECTIONAL CONTROL ) 1 9. 80'
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ASPHALT
7509 PENNRIDGE CIRCLE ROWLETT, TX 75088
FIRM REGISTRATION NO. 10194366
SURVEY PLAT
BARRY S. RHODES Registered Professional Land Surveyor (214) 326-1090
BURNS SURVEYING
This is to certify that I have, this date, made a careful and accurate survey on the ground of property
located at No. 511 E. BROADWAY STREET , inthe Town of PROSPER Texas.
Being all that certain lot, tract or parcel of land situated in the Collin County School Land Survey, Abstract No. 147, and being Lot 8
of the Phenix Addition, Phase 11 (an un-recorded Plat) in the Town of Prosper, Collin County, Texas and being the same land described
in deed to Florentino San Miguel and Aurora San Miguel, recorded in Volume 1311, Page 899, Deed Records, Collin County, Texas (D.R.C.C.T.) and being more particularly described as follows:
BEGINNING at a 1 /2 inch iron rod found for corner in the North line of E. Broadway Street, at the Southwest corner of R&R Estates, an Addition to the Town of Prosper, Collin County, Texas, according to the Plat thereof recorded in Cabinet L, Page 840, Plat Records, Collin County, Texas (P.R.C.C.T.) and at the Southeast corner of said Miguel tract;
THENCE South 89 degrees 22 minutes 50 seconds West, with the said North line of E. Broadway Street, a distance of 19.80 feet to a point for corner;
THENCE North 89 degrees 39 minutes 10 seconds West, with the said North line of E. Broadway Street, a distance of 80.21 feet to a
1 /2 inch iron rod found for corner at the Southeast corner of a tract of land described in deed to Christina Blythe, recorded in
Instrument No. 20121218001610110 (D.R.C.C.T.);
THENCE North 00 degrees 40 minutes 45 seconds West, a distance of 180.35 feet to a 1 /2 inch yellow capped iron rod set for corner at the Northeast corner of said Blythe tract, at the Southeast corner of a tract of land described in deed to Gary Paul Baczkowski, recorded in Instrument No. 20080811000971930 (D.R.C.C.T.), and at the Southwest corner of a tract of land described in deed to Timothy S. Hardy and spouse, Robin A. Hardy, recorded in Volume 4572, Page 2427 (D.R.C.C.T.);
THENCE North 89 degrees 51 minutes 55 seconds East, a distance of 100.00 feet to a point for corner, at the Southeast corner of said Hardy tract, at the Southwest corner of a tract of land described in deed to David C. Hamby, recorded in Instrument No. 200701020000003930 (D.R.C.C.T.), at the Northwest corner of said R&R Estates, from which a 1/2 inch iron rod found bears South 05 degrees 58 minutes 09 seconds West, a distance of 0.48 feet for witness;
THENCE South 00 degrees 40 minutes 44 seconds East, a distance of 180.86 feet to the PLACE OF BEGINNING and containing 18,073 square feet or 0.41 of an acre of land.
EXHIBIT A
THE ABOVE DESCRIBED PROPERTY DOES NOT LIE IN A FLOOD HAZARD AREA ACCORDING TO THE F.E.M.A. FLOOD INSURANCE RATE MAP COMMUNITY PANEL NO.
lHE SURVEY IS HEREBY ...CCEP1ED Wl1lt lHE DISCREPN<CIES, CONFUC'TS, OR SHORT.oGES IN AREA OF BOUNDARY LINES, ENCRO.ICHMENlS, PROTRUSIONS, OR OVERLAPPING OF IMPROVEMENlS SHOWN.
x. ______________ _
48085C0235J x. ---------------
The plat hereon is true, correct, and accurate representation of the property as determined by survey, the lines and dimensions of said property being as indicated by the plat: the size, location and type of building and improvements are as shown, all improvements being within the boundaries of the property, set back from property lines the distance indicated, or visible and apparent easements.
TITLE AND ABSTRACTING WORK FURNISHED BY REPUBLIC TITLE
THERE ARE NO ENCROACHMENTS, CONFLICTS, OR PROTRUSIONS, EXCEPT AS SHOWN.
Scale: 1 • = 30'
Date: 12/16/2019
G. F. No.: 1012-285680-RTT
Job no.: 20 190919 3
Drawn by: CMR
USE OF THIS SURVEY FOR ANY OTHER PURPOSE OR OTHER PARTIES SHALL BE AT THEIR RISK AND UNDERSIGNED IS NOT RESPONSIBLE TO OTHER FOR ANY LOSS RESULTING THEREFROM. THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR REPUBLIC TITLE
LEGEND WOOD FENCE -ffCHAIN LINK -0-I
IRON FENCE -HfWIRE FENCE -*CM - CONTROWNG MRD -MONUMENTS OF RECORD DIGNITY 01/2" IRON ROD FOUND ® 1/2" YEl.lOW-cAPPED IRON ROD SET DSET 'X' 0FOUND 'X' 0 5/8" IRON ROD FOUND ()PK NAIL FOUND (C) -CASI£ I[) -El£C1R!C @ -CL£AN OUT PE -POOL EQUIP (!l) - GAS METER • -POWER POLE i -FIRE HYDRANT 0, -TfilPHONE -LIGHT POLE ® -WATER METER - MANHOLE (II) -WATER � � ( UNLESS OTHERWISE NOlED �
Page 240
Item 19.
Page 1 of 2
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Tow n Council Meeting – February 25, 2020
Agenda Item:
Conduct a Public Hearing, and consider and act upon a request for a Sign Waiver for Gates of
Prosper, Phase 2, located on the southwest corner of Preston Road and Lovers Lane, generally
to allow for signage consistent with the signage located in Gates of Prosper, Phase 1. (MD20-
0001).
Description of Agenda Item:
The applicant is proposing a Sign Waiver for Gates of Prosper, Phase 2, in order to allow for
signage consistent with existing signage located on the east side of Preston Road in Gates of
Prosper, Phase 1. The applicant is proposing a Waiver for two (2) specific items
Masonry Border – The Sign Ordinance requires Unified Development Signs and Monument
Signs to contain a minimum one-foot (1’) masonry with mortar border around all sides of
signage. The applicant is proposing to waive the requirement for a masonry border, in order
to allow signage consistent with signage in Phase 1, as shown below.
Proposed Unified Development Sign Proposed Monument Sign
Prosper is a place where everyone matters.
PLANNING
Page 241
Item 20.
Page 2 of 2
The proposed unified development signs and monument signs meet all other Town standards.
Identity Signage – The Sign Ordinance does not recognize this type of sign. On April 10,
2018, Town Council approved Identity Signage located on both sides of Richland Boulevard,
on the east side of Preston Road. With this request, the applicant is proposing the same
signage on both sides of Richland Boulevard, on the west side of Preston Road. The
proposed signs are consistent with the signage in Phase 1, as shown below.
Proposed Identity Signs
Staff recommends approval of the request as submitted.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Sign Ordinance. Staff
has not received any Public Hearing Notice Reply Forms.
Attached Documents:
1. Location map
2. Site Plan and Sign Drawing
Town Staff Recommendation:
Staff recommends the Town Council approve the request for a Sign Waiver for Gates of Prosper,
Phase 2, located on the southwest corner of Preston Road and Lovers Lane, generally to allow
for signage consistent with signage located in Phase 1.
Proposed Motion:
I move to approve the request for a Sign Waiver for Gates of Prosper, Phase 2, located on the
southwest corner of Preston Road and Lovers Lane, generally to allow for signage consistent with
signage located in Phase 1.
Page 242
Item 20.
MD20-0001
±0 630 1,260315FeetPage 243
Item 20.
C-ON0L.
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DISTANCES: (Adjacent lots)$WR% ¶%WR&¶&WR( ¶(WR) ¶)WR*¶*WR+ ¶+WR, ¶,WR- ¶-WR. ¶.WR/ ¶/WR0 ¶0WR1 ¶1WR2 ¶2WR3 ¶3WR$ ¶*WR4 ¶+WR4 ¶
'QRWXVHGDISTANCES: (UDSs)$WR& ¶&WR* ¶*WR- ¶-WR2 ¶2WR3 ¶3WR$ ¶
'QRWXVHG55TYPE A @ 12’-0” 81,),(''(9(/230(1702180(176,*1- PROVIDED 6 SIGNS: TYPE B @ 8’-0” 02180(176,*1- PROVIDED 10 SIGNS: TYPE C @ 5’-0” '(9(/230(17,'(17,7<³*$7(62)35263(5´6,*1- PROVIDED 2 SIGNS:16 SIGNS TOTAL16 LOTS TOTALCAG-OP,
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* TYPE B-1 // Sign E, F, H, I, K, Q: TO PROVIDE FOR TWO TENANT SIGNSTYPE B // Sign B, L, M, N: TO PROVIDE FOR ONE TENANT SIGNSigns C & G Sign JSign OB.
L0N4
Sign Coordination PlanSIGN TYPES:Per currently adopted Sign Ordinance: 1.1 sign per lot, allows for 16 signs which matches number of lots in development.2.75’ separation between signs on adjacent lots (single or multi tenant)3.75’ separation between UDSs and single-tenant or multi-tenant monument signs.4.750’ separation between UDSs. THE GATES OF PROSPER - Phase II / Sign Standards Prosper, TexasRSSRPage 244Item 20.
C-ON0L.
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SREnlarged PlanLEGEND:Sign LocationType A: 8QL¿HG'HYHORSPHQWType B:0RQXPHQWType C: “*DWHVRI3URVSHU´'HYHORSPHQW,GHQWLW\6LJQ6THE GATES OF PROSPER - Phase II / Sign StandardsProsper, Texas6Page 245Item 20.
7THE GATES OF PROSPER - Phase II / Sign StandardsProsper, Texas7 Elevations / Sign Details Sign C & G ¶81,),(''(9(/230(1702180(176,*16)0$;7<3($81,),(''(9(/230(1702180(176,*1PROVIDED 6 SIGNSPer code: 1.15’ minimum setback required.2.24” minimum base required.3.1’ masonry with mortar border around all sides required.Deviation from code:1.Sign design does not meet 1’ masonry with mortar border around all sides.Page 246Item 20.
8THE GATES OF PROSPER - Phase II / Sign StandardsProsper, Texas8 Elevations / Sign Details Sign J¶81,),(''(9(/230(1702180(176,*16)0$;7<3($81,),(''(9(/230(1702180(176,*1PROVIDED 6 SIGNSPer code: 1.15’ minimum setback required.2.24” minimum base required.3.1’ masonry with mortar border around all sides required.Deviation from code:1.Sign design does not meet 1’ masonry with mortar border around all sides.Page 247Item 20.
THE GATES OF PROSPER - Phase II / Sign StandardsProsper, Texas Elevations / Sign Details Sign O¶81,),(''(9(/230(1702180(176,*16)0$;7<3($81,),(''(9(/230(1702180(176,*1PROVIDED 6 SIGNSPer code: 1.15’ minimum setback required.2.24” minimum base required.3.1’ masonry with mortar border around all sides required.Deviation from code:1.Sign design does not meet 1’ masonry with mortar border around all sides.Page 248Item 20.
10THE GATES OF PROSPER - Phase II / Sign StandardsProsper, Texas10Elevations / Sign Details Sign Type B: Signage for one tenant Sign B, L, M, N02180(176,*16)7<3(%02180(176,*1PROVIDED 10 SIGNSPer code: 1.15’ minimum setback required.2.24” minimum base required.3.1’ masonry with mortar border around all sides required.Deviation from code:1.Sign design does not meet 1’ masonry with mortar border around all sides.Page 249Item 20.
11THE GATES OF PROSPER - Phase II / Sign StandardsProsper, Texas11 Elevations / Sign Details * Sign Type B-1: Signage for two tenantsSign E, F, H, I, K, Q02180(176,*16)7<3(%02180(176,*1PROVIDED 10 SIGNSPer code: 1.15’ minimum setback required.2.75’ separation between signs (UDSs, single-tenant, multi-tenant monument signs)3.1’ masonry with mortar border around all sides required.Deviation from code:1.Sign design does not meet 1’ masonry with mortar border around all sides.Page 250Item 20.
12THE GATES OF PROSPER - Phase II / Sign StandardsProsper, Texas12 Elevations / Sign Details * Sign Type C: Sign R, S7<3(&'(9(/230(17,'(17,7<6,*1PROVIDED 2 SIGNSPer code: 1.15’ minimum setback required.2.75’ separation between signs (UDSs, single-tenant, multi-tenant monument signs)3.1’ masonry with mortar border around all sides required.Page 251Item 20.
Page 1 of 4
To: Mayor and Town Council
From: Alex Glushko, AICP, Planning Manager
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Conduct a Public Hearing, and consider and act upon an ordinance amending Planned
Development-99 (PD-99), on 19.4± acres, located on the northwest corner of Mahard Parkway
and US 380, generally to allow for the rental of cargo trucks as an incidental use at Longo Toyota.
(Z20-0002).
Description of Agenda Item:
The zoning and land use of the surrounding properties are as follows:
Zoning Current Land Use Future Land Use Plan
Subject
Property
Planned Development-99
Automobile Dealership
(Toyota) and Undeveloped US 380 District
North
Planned Development-
98-Senior Living and
Planned Development-
101-Office
Undeveloped US 380 District
East
Planned Development-47
and
Specific Use Permit-11
Medical Office
(Texas Health Resources)
and Undeveloped
Tollway District
South City of Frisco Undeveloped City of Frisco
West Planned Development-
97-Commercial Undeveloped US 380 District
In 2014, the Town Council approved a Specific Use Permit for the Toyota dealership. On
September 24, 2019, Town Council approved Planned Development-99 (PD-99) for the existing
Longo Toyota dealership on “Tract 1” along US 380, and to permit major automobile repair on
Prosper is a place where everyone matters.
PLANNING
Page 252
Item 21.
Page 2 of 4
“Tract 2” to the north. Tract 1 allows New Automobile Sales/Leasing as a permitted primary use,
which allows used automobile sales, automobile repair and automobile storage as permitted
accessory uses. The PD does not allow rental of cargo trucks as an accessory use. Longo Toyota
has submitted a request to allow for a maximum of five (5) cargo trucks, a maximum of twenty-six
feet (26’) in length, to be located on the north side of the dealership building for rental. The rental
trucks are not permitted to be displayed along the roadway, and are limited to the area identified
on the graphic below:
Pictures of rental of cargo trucks currently located on the property are below.
Page 253
Item 21.
Page 3 of 4
The applicant has provided a letter and exhibit outlining the request. Staff believes this request is
reasonable and recommends approval.
Future Land Use Plan – The Future Land Use Plan recommends US 380 District; this request
complies with the Future Land Use Plan.
Thoroughfare Plan – The property has direct access to US 380, a 6-lane divided highway and
Mahard Parkway, a 90-foot, 4-lane divided thoroughfare; this request complies with the
Thoroughfare Plan. Mahard Parkway will have to be extended to the northern property line of the
Penske facility.
Parks Master Plan – The Parks Master Plan does not indicate a park is needed on the subject
property; however, hike and bike trails are adjacent to the subject property.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by State Law. To date, Town
staff has not received any Public Hearing Notice Reply Forms. Town Attorney, Terrence Welch
of Brown & Hofmeister, L.L.P., has approved the standard ordinance as to form and legality.
Attached Documents:
1. Aerial and Zoning Maps
2. Existing PD Exhibits C and D
3. Proposed PD Exhibits C and D
4. Ordinance
Town Staff Recommendation:
Staff recommends approval of the ordinance amending Planned Development-99 (PD-99), on
19.4± acres, located on the northwest corner of Mahard Parkway and US 380, generally to allow
for the rental of cargo trucks as an incidental use at Longo Toyota.
Page 254
Item 21.
Page 4 of 4
Planning & Zoning Commission Recommendation:
At their February 4, 2020 meeting, the Planning and Zoning Commission recommended the Town
Council approve the request, by a vote of 6-0.
Proposed Motion:
I move to approve an ordinance amending Planned Development-99 (PD-99), on 19.4± acres,
located on the northwest corner of Mahard Parkway and US 380, generally to allow for the rental
of cargo trucks as an incidental use at Longo Toyota.
Page 255
Item 21.
Z20-0002
UNIVERSITY DRLEGACY DRPR
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LEGACY DR±0 750 1,500375FeetPage 256
Item 21.
M
SF
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Z20-0002
S-11
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PD-65
PD-41
PD-71
PD-47
PD-92
PD-97
PD-99
PD-85
PD-98
PD-47
PD-41
PD-65
PD-14
PD-20
PD-85
PD-99
PD-65
PD-101
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UNIVERS ITY DRUS HIGHWAY 380 LEGACY DRP R A IR IE D RBOTTLEBRUSH D RSPEARGRASS LNMAHARD PKWYWINECUP RD
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LEGACY DR±0 630 1,260315FeetPage 257
Item 21.
1
Z19-0007
EXHIBIT “C”
DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set
forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No.
05-20), as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be
amended, shall apply.
Tract 1 – An existing automobile dealership located on approximately 16.06 acres, previously
authorized by SUP-9 (Ordinance No. 14-71) for the operation of a New Automobile Sales/Leasing
Facility.
1. Except as noted below, the Tract shall continue to be used in accordance with the Commercial (C)
District, as it exists or may be amended.
2. Development Plans
a. Concept Plan: The tract shall continue to be used in general accordance with the attached
concept plan, set forth in Exhibit D.
b. Elevations: The tract shall continue to be used in general accordance with the attached façade
plans, set forth in Exhibit F.
c. Landscape Plan: The tract shall continue to be used in general accordance with the attached
landscape plan, set forth in Exhibit G.
3. Uses. Uses shall be permitted in accordance with the Commercial (C) District with the exception of
the following:
a. Automobile Sales / Leasing, New shall be permitted on the subject property.
4. Regulations:
a. No outdoor intercoms, speakers, or sound amplification devices shall be utilized on the
property;
b. Any structures with a garage or bay shall include an automatic door closing device for such
garage or bay, exclusive of the Automatic Car Wash; and
c. After-hours reduction of outdoor lighting by ninety percent (90%) at the daily close of business.
Tract 2 – A proposed automotive body repair facility located on approximately 3.13 acres.
1. Except as noted below, the Tract shall develop in accordance with the Commercial (C) District, as
it exists or may be amended.
2. Development Plans
a. Concept Plan: The tract shall be developed in general accordance with the attached concept
plan, set forth in Exhibit D.
b. Elevations: The tract shall be developed in general accordance with the attached façade plans,
set forth in Exhibits F-2.
c. Landscape Plan: The tract shall be developed in general accordance with the attached
landscape plan, set forth in Exhibit G-2.
Ordinance No. 19-71, Page 6CURRENT PD EXHIBITS
Page 258
Item 21.
2
3. Uses. Uses shall be permitted in accordance with the Commercial (C) District with the exception of
the following:
a. Automobile Repair, Major shall be permitted on the subject property.
4. Regulations:
a. No outdoor intercoms, speakers, or sound amplification devices shall be utilized on the
property;
b. Any structures with a garage or bay shall include an automatic door closing device for such
garage or bay; and
c. After-hours reduction of outdoor lighting by ninety percent (90%) at the daily close of business.
5. Screening: Required screening shall be as follows:
a. An 8’ tall masonry screening wall shall be provided adjacent to any residentially zoned property
and constructed of materials consistent with any screening provided on the eastern adjacent
property.
6. Parking: On-street parking for customers, employees or other vehicles related to the automotive
body repair facility shall be prohibited, and all repair-related vehicles shall be stored and screened
on Tract 2, and shall be prohibited on Tract 1.
Ordinance No. 19-71, Page 7CURRENT PD EXHIBITS
Page 259
Item 21.
Scale: 1"=30' July, 2019 SEI Job No. 18-225
LOCATION MAP
1" = 2000'
PROJECT
LOCATION
Town Case No. Z19-0007
EXHIBIT "D"
GST PROSPER
BLOCK A, LOT 1 & 2
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
COLLIN CO. SCHOOL LAND SURVEY, ABST. NO. 147
18.240 Acres
Variable width R.O.W.
15.121 Acres
658,690 Sq. Ft.)
Ordinance No. 19-71, Page 8CURRENT PD EXHIBITS
Page 260
Item 21.
1
Z20-0002
EXHIBIT “C”
DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set
forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No.
05-20), as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be
amended, shall apply.
Tract 1 – An existing automobile dealership located on approximately 16.06 acres, previously
authorized by SUP-9 (Ordinance No. 14-71) for the operation of a New Automobile Sales/Leasing
Facility.
1.Except as noted below, the Tract shall continue to be used in accordance with the Commercial (C)
District, as it exists or may be amended.
2.Development Plans
a. Concept Plan: The tract shall continue to be used in general accordance with the attached
concept plan, set forth in Exhibit D.
b.Elevations: The tract shall continue to be used in general accordance with the attached façade
plans, set forth in Exhibit F.
c.Landscape Plan: The tract shall continue to be used in general accordance with the attached
landscape plan, set forth in Exhibit G.
3.Uses. Uses shall be permitted in accordance with the Commercial (C) District with the exception of
the following:
a.Automobile Sales / Leasing, New shall be permitted on the subject property.
b.Rental of cargo trucks, as an incidental use, as follows:
3.b.1 A maximum of five (5) cargo trucks, a maximum of twenty-six feet (26’) in length, shall
be permitted on Tract 1, and limited to the location identified on Exhibit D.
4. Regulations:
a.No outdoor intercoms, speakers, or sound amplification devices shall be utilized on the
property;
b.Any structures with a garage or bay shall include an automatic door closing device for such
garage or bay, exclusive of the Automatic Car Wash; and
c.After-hours reduction of outdoor lighting by ninety percent (90%) at the daily close of business.
Tract 2 – A proposed automotive body repair facility located on approximately 3.13 acres.
1.Except as noted below, the Tract shall develop in accordance with the Commercial (C) District, as
it exists or may be amended.
2.Development Plans
a. Concept Plan: The tract shall be developed in general accordance with the attached concept
plan, set forth in Exhibit D.
b.Elevations: The tract shall be developed in general accordance with the attached façade plans,
set forth in Exhibits F-2.
PROPOSED PD EXHIBITS
Page 261
Item 21.
2
c. Landscape Plan: The tract shall be developed in general accordance with the attached
landscape plan, set forth in Exhibit G-2.
3. Uses. Uses shall be permitted in accordance with the Commercial (C) District with the exception of
the following:
a. Automobile Repair, Major shall be permitted on the subject property.
4. Regulations:
a. No outdoor intercoms, speakers, or sound amplification devices shall be utilized on the
property;
b. Any structures with a garage or bay shall include an automatic door closing device for such
garage or bay; and
c. After-hours reduction of outdoor lighting by ninety percent (90%) at the daily close of business.
5. Screening: Required screening shall be as follows:
a. An 8’ tall masonry screening wall shall be provided adjacent to any residentially zoned property
and constructed of materials consistent with any screening provided on the eastern adjacent
property.
6. Parking: On-street parking for customers, employees or other vehicles related to the automotive
body repair facility shall be prohibited, and all repair-related vehicles shall be stored and screened
on Tract 2, and shall be prohibited on Tract 1.
PROPOSED PD EXHIBITS
Page 262
Item 21.
Scale: 1"=30' July, 2019 SEI Job No. 18-225
LOCATION MAP
1" = 2000'
PROJECT
LOCATION
Town Case No. Z19-0007
EXHIBIT "D"
GST PROSPER
BLOCK A, LOT 1 & 2
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
COLLIN CO. SCHOOL LAND SURVEY, ABST. NO. 147
18.240 Acres
Variable width R.O.W.
15.121 Acres
658,690 Sq. Ft.)
Ordinance No. 19-71, Page 8PROPOSED PD EXHIBITS
Page 263
Item 21.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2020-___
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING
PROSPER’S ZONING ORDINANCE BY REZONING A TRACT OF LAND
CONSISTING OF 19.364 ACRES, SITUATED IN THE COLLIN COUNTY
SCHOOL LAND SURVEY, ABSTRACT NO. 147, IN THE TOWN OF
PROSPER, COLLIN COUNTY, TEXAS FROM PLANNED DEVELOPMENT-99
(PD-99), TO PLANNED DEVELOPMENT-99 (PD-99); DESCRIBING THE
TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that the Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case Z20-
0002) from G Wood 2, LLC (“Applicant”), to rezone 19.364 acres of land, more or less, in the
Collin County School Land Survey, Abstract No. 147, in the Town of Prosper, Collin County,
Texas, from Planned Development-99 (PD-99), to Planned Development-99 (PD-99) and being
more particularly described in Exhibit “A,” attached hereto and incorporated herein for all
purposes; and
WHEREAS, the Town Council has investigated and determined that the facts contained
in the request are true and correct; and
WHEREAS, all legal notices required for rezoning have been given in the manner and
form set forth by law, Public Hearings have been held, and all other requirements of notice and
completion of such procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Amendment to the Town’s Zoning Ordinance. The Town’s Zoning Ordinance, adopted
by Ordinance No. 05-20 is amended as follows: The zoning designation of the below described
property containing 19.364 acres of land, more or less, in the Collin County School Land
Survey, Abstract No. 147, in the Town of Prosper, Collin County, Texas, (the “Property”) and all
streets, roads, and alleyways contiguous and/or adjacent thereto is hereby zoned as Planned
Page 264
Item 21.
Ordinance No. 2020-___, Page 2
Development-99 (PD-98) and being more particularly described in Exhibit “A,” attached hereto
and incorporated herein for all purposes as if set forth verbatim.
The development plans, standards, and uses for the Property in this Planned
Development District shall conform to, and comply with 1) the Statement of Intent and Purpose,
attached hereto as Exhibit B; 2) the Development Standards, attached hereto as Exhibit C; 3)
the Site Plan, attached hereto as Exhibit D; 4) the Development Schedule, attached hereto as
Exhibit E; 5) the Façade Plans, attached hereto as Exhibit F; and 6) the Landscape Plans,
attached hereto as Exhibit G, which are incorporated herein for all purposes as if set forth
verbatim.
Two (2) original, official, and identical copies of the zoning exhibit map are hereby
adopted and shall be filed and maintained as follows:
a. One (1) copy shall be filed with the Town Secretary and retained as an original
record and shall not be changed in any manner.
b. One (1) copy shall be filed with the Building Official and shall be maintained up-to-
date by posting thereon all changes and subsequent amendments for observation,
issuing building permits, certificates of compliance and occupancy, and enforcing the
zoning ordinance. Reproduction for information purposes may from time-to-time be
made of the official zoning district map.
SECTION 3
No Vested Interest/Repeal. No developer or property owner shall acquire any vested
interest in this Ordinance or in any other specific regulations contained herein. Any portion of
this Ordinance may be repealed by the Town Council in the manner provided for by law.
SECTION 4
Unlawful Use of Premises. It shall be unlawful for any person, firm or corporation to
make use of said premises in some manner other than as authorized by this Ordinance, and
shall be unlawful for any person, firm or corporation to construct on said premises any building
that is not in conformity with the permissible uses under this Zoning Ordinance.
SECTION 5
Penalty. Any person, firm, corporation or business entity violating this Ordinance or any
provision of Prosper’s Zoning Ordinance No. 05-20, or as amended, shall be deemed guilty of a
misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand
Dollars ($2,000.00). Each continuing day’s violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance shall not preclude
Prosper from filing suit to enjoin the violation. Prosper retains all legal rights and remedies
available to it pursuant to local, state and federal law.
Page 265
Item 21.
Ordinance No. 2020-___, Page 3
SECTION 6
Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance No. 05-20 shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of
any ordinance in conflict with this Ordinance are hereby repealed to the extent they are in
conflict; but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the appeal prevent a prosecution from being commenced for any violation if
occurring prior to the repealing of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 8
Effective Date. This Ordinance shall become effective from and after its adoption and
publications as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2020.
______________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 266
Item 21.
\
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642-
641 --------640 639
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--638--637
" REMAINDER OF LOT 2, BLOCK D PROSPER CENTER, BLOCK D, LOTS 2, 3 AND 4 VOL. 2018, PG. 308, P.R.C.C.T.
EXISTING ZONING: PD-65
EXISTING LAND USE: A GR/CULTURE
FUTURE LAND USE PLAN: US 380 DISTRICT
S89 °40'36"E 719.34'LIMIT OF TRACT 2
\ ' f I 01 IC:: I\ ' I<( PROPOSED R.O w I I II 1 LINEll !I� �:I
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INST. NO. 20150903001126910 AND I I
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� I :) I EASEMENT J � , 20150903001126920, O.P.R.C.C.T. 4-o.o· 1 /i I1-�'---TRACT 2
3.303ACRES
143,868 SQ. FT.
635 ---PORTION OF LOT 2, BLOCK D 6 PROSPER CENTER, BLOCK D, LOTS 2, 3 AND 4 _/ 34 --VOL. 2018, PG. 308, P.R.C.C.T. FUTURE 25' LANDSCAPE EASEMENT I I
I. I I I / :
LIMIT OF PROPOSED ZONING <o""""
· "32-
-63)..
EXISTING ZONING: PD-65
PROPOSED ZONING: AUTOMOBILE REPAIR,
MAJOR
EXISTING LAND USE: A GR/CULTURE
FUTURE LAND USE PLAN: US 380 DISTRICT
I 10' ATMOS ENERGY CORPORATION I EASEMENT AND RIGHT-OF-WAY INST. NO. 20171020001402920 O.P.R.C.C.T.
I I I I
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P.O.B.'
CALLED 20.000 ACRES MSW PROSPER 380, LP INSTR. NO. 20131226001678930 O.P.R.C.C.T.
EXISTING ZONING: PD-47
EXISTING LAND USE: AGRICULTURE
FUTURE LAND USE PLAN: TOLLWAY
DISTRICT
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CALLED 14.045 ACRES FORD LEASING DEVELOPMENT COMPANY, LLC INSTR. NO. 20150803000965480 O.P.R.C.C.T.
EXISTING ZONING: PD-43
EXISTING LAND USE: AGRICULTURE
FUTURE LAND USE PLAN: US 380 DISTRICTr _I
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19.364 ACRES (GROSS)
(843,489 SQ. FT.)
18.24 0 ACRES (NET)
(794 ,521 SQ. FT.)
TRACT 1
16.061 ACRES
699 ,620 SQ. FT.
LOT 1, BLOCK A
WALL MAINTENA NCE EASEMENT INST. NO. 2017-108257 0.R.D.C.T.SOUTHEAST CORNER OF L NETHERL Y SURVEY, ABSTRACT NO. 962 REMAINDER OF CALLED 30.000 ACRES MSW PROSPER 380, LP INSTR. NO. 20130114000054790 O.P.R.C.C.T.
BEARS S 71 °52'W, 2171'
RIGHT OF WAY DEDICATION FOR MAHARD PARKWAY 0.940 ACRE (40,944 SQ. FT.) ' DEDICATED TO THE TOWN OF PROSPER IN FEE SIMPLE VOL. 2015, PG. 674, P.R.C.C.T.
I
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'fio· ENERGY T�:SFER FUEL LP EASEMENTINST. NO. 2006-0001078 O.P.R.C.C.T. -EXISTING ZONING: PD-47
EXISTING LAND USE: AGRICULTURE
FUTURE LAND USE PLAN: TOLLWAY
DISTRICT I I
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r i I �-..,._:>--'-�I 1C:: � I $�
RIGHT OF WAY DEDICATION FOR MAHARD PARKWAY 1 .193 ACRES (51,987 SQ. FT.) DEDICATED TO THE TOWN OF PROSPER IN FEE SIMPLE VOL. 2017, PG. 95, P.R.C.C.T.
I 1..1.. > <( �I � st RI N � ---r R � . , I . fl j: -,25• LAN,DSCAPE EASE�::N·T YI ' � VOL. 2018, P@_._ 257, �RC.C.T. I : .J, 0-I . CJ)
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I VOL. 2017, PG�Bf ,.J ; 11(...,--P.�.C.C.T. I � - -.- - -LIMIT OF EXISTING AND PROPOSED ZONING GST PROSPER, LOT 1, BLOCK A VOL. 2018, PG. 257 P.R.C.CT i J�� I .�,; \
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STREET EASEMENT �\
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EXISTING ZONING: PD-43 AND SUP-9
PROPOSED ZONING: AUTOMOBILE SALES/LEASING, NEW
EXISTING LAND USE: CAR DEALERSHIP
FUTURE LAND USE PLAN: US 380 DISTRICT
'---,: � i� \ ) 1· lL U) \ \ I _.;.b,\liq---\ I
VOL. 2017'., PG. 88 TXHR ADDITION, BLOCK A, LOT 1 P.R.C.C.T. VOL. 2017, PG. 88 I o;o \I )i 15_ I :a&: \ I \ I \.
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P.R.C.C.T.
EXISTING ZONING: PD-47
EXISTING LAND USE: NEIGHBORHOOD
CARE & WELLNESS CENTER
FUTURE LAND USE PLAN: TOLLWAY
DISTRICT
CALLED 0.941 ACRE 15' WATER LINE EASEMENT 1 STATE OF TEXAS INST. NO. 201210300. 01379470 INST. NO. 97-0018697 O.p.R,C.C.T. L.R.C.C.T. ___________ ,,_ . .___ ---------------------------------
'. /:I ) \ \\ _ J. J J �!T.�oc�o111011001085720 =::!=I 'l ----1-.r , ---= = = = t1 __j--, = = f-=: = ii --75' PERMANENT PIPELINE � _ r.;=---=
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75' PERMANENT PIPELINE EASEMENf 30' LANDSCAPE EASEMENT l . EASEMENT 4 15' COSERV EA SEMENT VOL. 4930, PG. 32!?, D,R.G:C.T. VOL. 2018,fG. 257, P.R.C.C.T. 1 ·· ·--VOL. 5018, PG. 2426 VOL. 468, PG. 98, D.R.C.C.T. ___ _
---=--�--:,, .... �--.... ·· 'l'------...... :'----...;...;1,,·,.· .. · _-_. ���� .. ··-�-���·,.'-' _._..,..._ ___ "'l"' ___ �:-', ... -..... �--'-,-,::-l_,_,.-_J --:-C ��:-�:. ---� ·, I NS ���o ·1 ��:oi0880, O.P.R.C.C.T. � --
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-618----617-:_-t>11.; ----=--=- -=-= -u ro=---=
NORTH
GRAPHIC SCALE IN FEET 100
LEGEND
0 50---100 1" = 100' @ 24X36
P.O.B. = POINT OF BEGINNING IRSC = 5/8" IRON ROD W/ "KHA" CAP SET IPF = IRON PIPE FOUND INST. = INSTRUMENT DOC. = DOCUMENT NO.= NUMBER VOL. = VOLUME PG.= PAGE
200
D.R.D.C.T. = DEED RECORDS, DENTON COUNTY, TEXASO.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXASP.R.D.C.T. = PLAT RECORD, DENTON COUNTY,TEXASP.R.C.C.T. = PLAT RECORD, COLLIN COUNTY,TEXESO.P.R.C.C.T. = OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS
0 -ro
- "-= CENTERLINE
NOTES:
-O:S. HIGHWAY 380-(YARIABLEwimH R�--------------
-------�
{
1. Bearing system based on the south line of Prosper Center Block B, Lot 1 R and 2 as recorded in Doc. No. 2016-241 P.R.D.CT 2.According to Map No. 48121C0230J, dated June 02, 2009 of the National FloodInsurance Program Map, Flood Insurance Rate Map of Collin County, Texas, FederalEmergency Management Agency, Federal Insurance Administration and Map No.48085C0230J, dated June 2, 2009 of the National Flood Insurance Program Map,Flood Insurance Rate Map of Collin County, Texas, Federal Emergency ManagementAgency, Federal Insurance Administration, this property is located within Zone"X-Unshaded", which is not a special flood hazard area. If this site is not within anidentified special flood hazard area, this flood statement does not imply that theproperty and/or the structures thereon will be free from flooding or flood damage. Onrare occasions, greater floods can and will occur and flood heights may be increasedby man-made or natural causes. This flood statement shall not create liability on thepart of the surveyor.3.The thoroughfare alignment (s) shown on this exhibit are for illustration purposes anddoes not set the alignment. The alignment is determined at time of Final Plat.
---�---t ·::_· -=:,'_:::-��c;CALLED 1.130 ACRES LIMIT OF EXISTING STATE OF TEXAS AND PROPOSED -INST. NO. 96-0093643 ZONING L.R.C.C.T.
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LEGAL DESCRIPTION:
BEING a tract of land situated in the Collin County School Land Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, and being a portion of Lot 2, Block D of Prosper Center, Block D, Lots 2, 3 and 4, according to the Revised Conveyance Plat thereof recorded in Volume 2018, Page 308 of the Plat Records of Collin County, Texas, and being all of Lot 1, Block A and all of the Right-of-Way Dedication created in GST Prosper, Lot 1, Block A, according to the Conveyance Plat thereof recorded in Volume 2015, Page 674 of the Plat Records of Collin County, Texas, and also being a portion of U.S. Highway 380, a variable width right-of-way, and being more particularly described as follows:
BEGINNING at a 518 inch iron rod with plastic cap stamped "KHA" found for the easterly southeast corner of said Lot 2, Block D, common to the northeast corner of said right-of-way dedication for Mahard Parkway in the Conveyance Plat recorded in Volume 2015, Page 674 of the Plat Records of Collin County, Texas, same being in the centerline of said Mahard Parkway and the westerly line of a called 30.000 acre tract of land described in a deed to MSW Prosper 380, LP, as recorded in Instrument No. 20130114000054 790 of the Official Public Records of Collin County, Texas;
THENCE South 0°26'47" West, along the easterly line of said right-of-way dedication, thecenterline of said Mahard Parkway, the westerly line of said 30.000 acre tract, and the westerly line of a right-of-way dedication for Mahard Parkway recorded in Volume 2017, Page 95 of the Plat Records of Collin County, Texas, a distance of 970.24 feet to the southeast corner of said Lot 1, Block A, being on the northerly right-of-way line of said U.S. Highway 380;
THENCE South 89 °57'18" West, along the northerly right-of-way line of said U.S .Highway 380 and the southerly line of said Lot 1, Block A, a distance of 719.43 feet to the southwest corner of said Lot 1, Block A, common to the southeast corner of a called 14.045 acre tract of land described in a deed to Ford Leasing Development Company, LLC, as recorded in Instrument No. 20150803000965480 of the Official Public Records of Collin County, Texas;
THENCE North 0 °27'00" East, departing the northerly right-of-way line of said U.S.Highway 380 and along the westerly line of said Lot 1, Block A and the easterly line of said 14.045 acre tract, a distance of 974.86 feet to the northwest corner of said Lot 1, Block A, common to the northeast corner of said 14.045 acre tract, being on the southerly line of said Lot 2, Block D;
THENCE North 0 °26'44" East, departing the southerly line of said Lot 2, Block D andcrossing said Lot 2, Block D, a distance of 200.00 feet to a point for corner;
THENCE South 89 °40'36" East, continuing across said Lot 2, Block D, a distance of719.34 feet to a point for corner on the easterly line of said Lot 2, Block D, and the westerly line of a called 20.000 acre tract of land described in a deed to MSW Prosper 380, LP, as recorded in Instrument No. 20131226001678930 of the Official Public Records of Collin County, Texas;
THENCE South 0°26'4 7" West, along the easterly line of said Lot 2, Block D, the westerlyline of said 20.000 acre tract, and the westerly line of said 30.000 acre tract, a distance of 200.00 feet to the POINT OF BEGINNING and containing 19.364 acres (843,489 square feet) of land, more or less. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.
SYLVIANA GUNAWAN REGISTERED PROFESSIONAL LAND SURVEYOR NO. 6461 6160 WARREN PKWY., SUITE 210 FRISCO, TEXAS 75034 PH. 972-335-3580 sylviana.gunawan@kimley-horn.com
� PRELIMINARY THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE AND SHALL NOT BE USED OR VIEWED OR RELIED UPON AS A FINAL SURVEY DOCUMENT
ENGINEER: Kimley-Horn and Associates, Inc. 5750 Genesis Court, Suite 200 Frisco, Texas 75034 Ph: 972.335.3580 Contact: Thomas Fletcher, P .E.
VICINITY MAP
FISHTRAP
�
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-SITE
EXHIBIT A
19.364 ACRES (GROSS)
18.240 ACRES {NET)
PORTION OF LOT 2, BLOCK D OF PROSPER CENTER,
BLOCK D, LOTS 2, 3 AND 4
AND
ALL OF GST PROSPER, LOT 1, BLOCK A
COLLIN COUNTY SCHOOL LAND SURVEY, ABSTRACT NO. 147
TOWN OF PROSPER, COLLIN COUNTY, TEXAS
CASE NO. 220-0002
N.T.8
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:l1�Scale 1"= 100' Drawn by SG Checked by KHA Date MAY 2019 Project No. 067252018 Sheet No. 1 OF 1 1-----��----�------+-----�-----��----<"
OWNERS: Prosper Villages at Legacy LLC 10950 Research Road Frisco, Texas 75033 Ph: 214.387.3993 Contact: Clint Richardson GSWOOD2 LLC 3534 N. Peck Road El Monte, California 91731Ph: 626.580. 1332 Contact: Doug Eroh
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._ _________________________________________________________________________________________________________________________________________________________________________________________ .... i Page 267
Item 21.
1
Z20-0002
EXHIBIT “B”
STATEMENT OF INTENT AND PURPOSE
The Planned Development District provides the ability to accommodate automobile sales, automobile
service, and automobile repairs to the regional community on a tract of land within the Town of Prosper
located at the intersection of a state highway and a Minor Thoroughfare.
The majority of the Planned Development District will accommodate an existing automobile sales
facility and provide for the addition of an adjacent automobile repair facility.
Page 268
Item 21.
1
Z20-0002
EXHIBIT “C”
DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise set
forth in these Development Standards, the regulations of the Town’s Zoning Ordinance (Ordinance No.
05-20), as it exists or may be amended, and the Subdivision Ordinance, as it exists or may be
amended, shall apply.
Tract 1 – An existing automobile dealership located on approximately 16.06 acres, previously
authorized by SUP-9 (Ordinance No. 14-71) for the operation of a New Automobile Sales/Leasing
Facility.
1. Except as noted below, the Tract shall continue to be used in accordance with the Commercial (C)
District, as it exists or may be amended.
2. Development Plans
a. Concept Plan: The tract shall continue to be used in general accordance with the attached
concept plan, set forth in Exhibit D.
b. Elevations: The tract shall continue to be used in general accordance with the attached façade
plans, set forth in Exhibit F.
c. Landscape Plan: The tract shall continue to be used in general accordance with the attached
landscape plan, set forth in Exhibit G.
3. Uses. Uses shall be permitted in accordance with the Commercial (C) District with the exception of
the following:
a. Automobile Sales / Leasing, New shall be permitted on the subject property.
b. Rental of cargo trucks, as an incidental use, as follows:
3.b.1 A maximum of five (5) cargo trucks, a maximum of twenty-six feet (26’) in length, shall
be permitted on Tract 1, and limited to the location identified on Exhibit D.
4. Regulations:
a. No outdoor intercoms, speakers, or sound amplification devices shall be utilized on the
property;
b. Any structures with a garage or bay shall include an automatic door closing device for such
garage or bay, exclusive of the Automatic Car Wash; and
c. After-hours reduction of outdoor lighting by ninety percent (90%) at the daily close of business.
Tract 2 – A proposed automotive body repair facility located on approximately 3.13 acres.
1. Except as noted below, the Tract shall develop in accordance with the Commercial (C) District, as
it exists or may be amended.
2. Development Plans
a. Concept Plan: The tract shall be developed in general accordance with the attached concept
plan, set forth in Exhibit D.
b. Elevations: The tract shall be developed in general accordance with the attached façade plans,
set forth in Exhibits F-2.
Page 269
Item 21.
2
c. Landscape Plan: The tract shall be developed in general accordance with the attached
landscape plan, set forth in Exhibit G-2.
3. Uses. Uses shall be permitted in accordance with the Commercial (C) District with the exception of
the following:
a. Automobile Repair, Major shall be permitted on the subject property.
4. Regulations:
a. No outdoor intercoms, speakers, or sound amplification devices shall be utilized on the
property;
b. Any structures with a garage or bay shall include an automatic door closing device for such
garage or bay; and
c. After-hours reduction of outdoor lighting by ninety percent (90%) at the daily close of business.
5. Screening: Required screening shall be as follows:
a. An 8’ tall masonry screening wall shall be provided adjacent to any residentially zoned property
and constructed of materials consistent with any screening provided on the eastern adjacent
property.
6. Parking: On-street parking for customers, employees or other vehicles related to the automotive
body repair facility shall be prohibited, and all repair-related vehicles shall be stored and screened
on Tract 2, and shall be prohibited on Tract 1.
Page 270
Item 21.
,:;
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LOCATION MAP
Site Data Ex. Zoning Proposed Use Lot Area Building Area Building Height Lot Coverage Floor Area Ratio Parking Required Customer /Employee Porking Provided Inventory Porking Provided Total Parking Provided Total Impervious Surface Required Open Space (7%) Provided Open Space Required Landscape Area Provided Landscape Area
Notes:
1" = 2000'
Lot 1, Block A CC PD-43 Automobile Soles/ Leasing 15.121 AC. (659,690 SJ.) -Net 45,436 Sq. Ft. Total 1 Story, 40' Mox. 8.93% 0.08931:1 1 Sp/500 Sq. Fl;118 Spaces 118 Spaces (Incl. 6 HC) 663 Spaces 781 Spaces (Incl. 6 HC) 371,409 Sq. Ft. 46, 178 Sq. Ft. 78,863 Sq. Ft. 15 Sq. Ft. Per Pkg Sp; 13,395 Sq. Ft. 16,353 Sq. Ft.
1.Total Open Space Required =55,689 Sq. Ft. Total Open Space Provided =84,431 Sq. Ft. 2.Lo t 1 detention pond was designed toaccommodate single family developed flowsfrom Lot 2. Any additional detentionrequired at the time of Lot 2 developmentshall be provided on Lo t 2 or via adjustmen tto facilities on Lot 1.
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Lot 2, Block A SF (Single Family) PD-65 Auto Repair Center 3.119 Ac. (135,867 Sq. Ft.) 29,972 Sq. Ft. Total 1 Story, 40' Mox. 22.06% 0.221: 1 3 per Boy (10 Boys) + 1 per Employee (20 Emp) ; 50 Spaces
145 Spaces 99,103 Sq. Fl 9,511 Sq. Ft 2,568 Sq. Ft 15 Sq. Ft per Prk. Sp.; 2,115 Sq. Ft 2,130 Sq. Ft
5.5'
15' l.rndscoc,e SettJod.____ 5' Wall Maintenance [sm N 89°40'49'' W -679.34'
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177.1'
( 658,690 Sq. F .)
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Doc. No. 2017-910 PRCCT 8arricode 15' B1oinage Eoscrnc11t
Doc. No. 2017-910 PRCCT
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FLUP: rGLLWAY DISTRICT
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Ordinance No. 19-71, Page 8
Notes: 1.The thoroughfare alignments shown onthis exhibit ore for illustration purposesand does not set the al ignment. Thealignment is determined at time of finalplat.2.No 100 year floodp lain exists on site.
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& 60 0 30 60 120 r�--r-a • .---. • .----1 i--�!!!! - - --1 inch = 60ft.
LEGEND
FIRELANE, ACCESS & UTILITY EASEMENT
- - -77-J-- -EXISTING CONTOUR
L/s LANDSCAPE AREA
0
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1 /2" IRON ROD W/ PLASTIC CAP STAMPED "SPIARSENG" SET. UNLESS OTHER'll1SE NOTED.
POWER POLE
LIGHT POLE/STANDARD
GUY '111RE ANCHOR
BOLLARD
SIGNPOST
OVERHEAD POWER LINE
CONTROL MONUMENT
PROPOSED FIRE HYDRANT
EXISTING FIRE HYDRANT
() PROPOSED MANHOLE
® EXISTING MANHOLE
• PROPOSED METER
To-wn Case No. Z19-0007
EXI-IIBIT "D"
GSTPROSPER
BL,OCK A, LOT 1 & 2
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
COLLIN CO. SCI-IIOOL LAND SURVEY, ABST. NO. 1'11-7
18.240 Acres
Scale: l "=30' July, 2019 SEI Job No. 18-225
Town Case No. Z20-0002
TRUCK
RENTAL
AREA
Page 271
Item 21.
4
Z20-0002
EXHIBIT “E”
DEVELOPMENT SCHEDULE
The automobile dealership is an existing use on Tract 1. It is anticipated that the construction of the
automobile repair center on Tract 2 will begin within 1 to 3 years after approval of the zoning ordinance.
Progress of development will depend on time frames established for construction of thoroughfares,
utilities, and market trends/demands for the area.
Page 272
Item 21.
WEST ELEVATION
TOTAL SURFACE AREA: 2,935 S.F.
GLAZING SURFACE AREA: 266 S.F.
NET SURFACE AREA (EXCLUDES GLAZING): 2,669 S.F.
STONE AT COLUMNS: 232 S.F. / 9%
STONE AT BASE: 269 S.F. / 10%
METAL COPING: 49 S.F. / 2%
INTERGRALLY COLORED CMU: 2,119 S.F. / 79%
NORTH ELEVATION
TOTAL SURFACE AREA: 6,318 S.F.
GLAZING SURFACE AREA: 545 S.F.
NET SURFACE AREA (EXCLUDES GLAZING): 5,773 S.F.
STONE AT COLUMNS: 464 S.F. / 8%
STONE AT BASE: 594 S.F. / 10%
METAL COPING: 106 S.F. / 2%
INTEGRALLY COLORED CMU: 4,609 S.F. / 80%
GENERAL NOTES:
1. THIS FACADE PLAN IS FOR CONCEPTUAL PURPOSES ONLY. ALL BUILDING
PLANS REQUIRE REVIEW AND APPROVAL FROM THE BUILDING INSPECTIONS
DEPARTMENT.
2. ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW.
ROOFTOP MOUNTED EQUIPMENT SHALL BE SCREENED BY A PARAPET WALL
OR SCREENING WALL. SCREENING WALLS SHALL BE THE SPECIFICATIONS OF
THE ZONING ORDINANCE.
3. WHEN PERMITTED, EXPOSED UTILITY BOXES AND CONDUITS SHALL BE PAINTED
TO MATCH THE BUILDING.
4. ALL SIGNAGE AREAS AND LOCATIONS ARE SUBJECT TO APPROVAL BY THE
BUILDING INSPECTIONS DEPARTMENT.
5. WINDOWS SHALL HAVE A MAXIMUM EXTERIOR VISIBLE REFLECTIVITY
OF TEN (10) PERCENT.
6. ANY DEVIATION FROM THE APPROVED FACADE PLAN WILL REQUIRE
RE-APPROVAL BY THE TOWN OF PROSPER.
MATERIALS CALCULATION
EAST ELEVATION
TOTAL SURFACE AREA: 3,404 S.F.
GLAZING SURFACE AREA: 603 S.F.
NET SURFACE AREA (EXCLUDES GLAZING): 2,801 S.F.
FIELD STONE: 2,194 S.F. / 78%
ACCENT STONE: 397 S.F. / 14%
EIFS: 158 S.F. / 6%
METAL COPING: 52 S.F. / 2%
SOUTH ELEVATION
TOTAL SURFACE AREA: 6,318 S.F.
GLAZING SURFACE AREA: 340 S.F.
NET SURFACE AREA (EXCLUDES GLAZING): 5,978 S.F.
STONE AT COLUMNS: 464 S.F. / 8%
STONE AT BASE: 631 S.F. / 10%
METAL COPING: 106 S.F. / 2%
INTEGRALLY COLORED CMU: 4,777 S.F / 80%
OWNER:
GWOOD, LLC
2100 W. UNIVERSITY DRIVE
PROSPER, TX 75078
APPLICANT:
DOUG EROH
PENSKE MOTOR GROUP
2100 W. UNIVERSITY DRIVE
PROSPER, TX 75078
PH: 626.580.1332
PROPOSED AUTO REPAIR CENTER
BLOCK A, LOT 2
MAHARD PARKWAY
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
TOWN CASE NO. Z20-0002
EXHIBIT "F"
07.31.2019
Page 273
Item 21.
Ordinance No. 14-71, Page 7
Page 274
Item 21.
Town Case No. Z20-0002Page 275Item 21.
Ordinance No. 14-71, Page 6Page 276Item 21.
Page 1 of 2
To: Mayor and Town Council
From: Chuck Springer, Executive Director of Administrative Services
Through: Harlan Jefferson, Town Manager
Re: Town Council Meeting – February 25, 2020
Agenda Item:
Consider and act upon a resolution creating a Special Citizens Bond Advisory Committee for the
proposed 2020 bond election and establishing a charge for the Committee; and the appointment
of Committee members.
Description of Agenda Item:
This resolution creates a Special Citizens Bond Advisory Committee with the following parameters
and charges for the Committee:
Two appointments of Town residents per Town Council member.
The Committee chair or co-chairs to be decided by the Committee.
The Committee to be formally dissolved on November 4, 2020.
The Committee will make recommendations on the dollar amounts and capital projects
to the Town Council for a November 2020 election.
The Committee to consider inclusion of street projects in an amount not to exceed 150
million dollars including, but not limited, to Fishtrap Road from Stuber Elementary to
Dallas Parkway and East First Street from Coit Road to North Custer Road.
The Committee to consider inclusion of Public Safety Facilities in an amount not to
exceed 30 million dollars.
The Committee to consider inclusion of parks, recreation and leisure facilities in an
amount not to exceed 30 million dollars.
The Committee to recommend a 2020 ten-year bond program not to exceed $210
million in capital projects costs.
The bond program should take into account the Town’s planned debt issuance over
the next three years adopted in the Town’s FY 2019-2020 budget that will be
separate and apart from the proposed General Obligation Bonds .
The proposed resolution gives each Town Councilmember the authority to appoint two residents
to the Committee. The Committee chair, or co-chairs, will be appointed by the Committee
membership.
Attached Documents:
1. Resolution
Prosper is a place where everyone matters.
TOWN MANAGER
Page 277
Item 22.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends approval of a resolution creating a Special Citizens Bond Advisory
Committee for the proposed 2020 bond election and establishing a charge for the Committee;
and the appointment of Committee members.
Proposed Motion:
I move to approve a resolution creating a Special Citizens Bond Advisory Committee for t he
proposed 2020 bond election and establishing a charge for the Committee; and the appointment
of the following Committee members:
Mayor Ray Smith: ___________________
___________________
Mayor Pro-Tem Vogelsang: ___________________
___________________
Deputy Mayor Pro-Tem Dixon: ___________________
___________________
Councilmember Marcus Ray: ___________________
___________________
Councilmember Andres: ___________________
___________________
Councilmember Miller: ___________________
___________________
Councilmember Hodges: ___________________
___________________
Page 278
Item 22.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2020-__
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, CREATING A SPECIAL CITIZENS BOND ADVISORY COMMITTEE
FOR THE PROPOSED 2020 BOND ELECTION; ESTABLISHING A CHARGE
FOR THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper wishes to ask the citizens to consider authorizing
General Obligation bonds in November 2020 for the purpose of public improvements in the
community over the next ten years; and
WHEREAS, the Town Council has determined that it would be advisable to create a
Special Citizens Bond Advisory Committee to provide recommendations on the specific
projects that may be financed with the General Obligation bonds; and
WHEREAS, the Town Council requests that the Committee focus on public safety
facilities, major and local street construction, and purchase and development of parks,
recreation and leisure facilities; and
WHEREAS, the Town Council has asked staff to develop a prioritized list of projects
that addresses the Town Council's goals and strategies as a beginning point for committee
evaluation and consideration.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Resolution as if fully set
forth herein.
SECTION 2
A Special Citizens Bond Advisory Committee is hereby created and shall be
composed of residents of the Town of Prosper appointed by Town Council. Each Town
Council member shall appoint two (2) Committee members. The Committee chair, or co-
chairs, shall be appointed by the Committee membership. Appointments made on February
25, 2020, and on any subsequent Town Council meeting are hereby confirmed and accepted.
The Committee shall perform its functions in accordance with this Resolution.
SECTION 3
A Special Citizens Bond Advisory Committee shall make recommendations to the
Town Council on the dollar amounts and capital projects to be considered by the public in the
November 2020 election.
SECTION 4
The Town Council requests the Special Citizens Bond Advisory Committee to
consider inclusion of the construction, reconstruction or expansion of Town Streets in an
amount not to exceed 150 million dollars including, but not limited, to Fishtrap Road from
Page 279
Item 22.
Resolution No. 2020-__, Page 2
Stuber Elementary to Dallas Parkway and East First Street from Coit Road to North Custer
Road in their recommended capital projects for the November 2020 election.
SECTION 5
The Town Council requests the Special Citizens Bond Advisory Committee to
consider inclusion of the construction or expansion of Public Safety Facilities in an amount
not to exceed 30 million dollars.
SECTION 6
The Town Council requests the Special Citizens Bond Advisory Committee to
consider inclusion of the construction, reconstruction, expansion or purchase of land for
parks, recreation and leisure facilities in an amount not to exceed 30 million dollars.
SECTION 7
The Town Council requests the Special Citizens Bond Advisory Committee to
recommend a 2020 ten-year bond program not to exceed $210 million in capital projects
costs. The bond program should take into account the Town’s planned debt issuance over
the next three years adopted in the Town’s FY 2019-2020 budget that will be separate and
apart from the proposed General Obligation Bonds.
SECTION 8
This Resolution shall become effective immediately upon its passage and approval.
The Special Citizens Bond Advisory Committee appointments will end, and the Special
Citizens Bond Advisory Committee shall be formally dissolved on November 4, 2020.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 25TH DAY OF FEBRUARY, 2020.
___________________________________
Ray Smith, Mayor
ATTEST:
_________________________________
Robyn Battle, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 280
Item 22.