09.27.22 Town Council Regular Meeting PacketPage 1 of 5
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Prosper is a place where everyone matters.
Notice Regarding Public Participation
Welcome to the Prosper Town Council. Individuals may attend the meeting in person, or access
the meeting via videoconference, or telephone conference call.
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in Council Chambers.
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When called upon, please come to the podium and state your name and address for the record.
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is not monitored during the meeting. The Town assumes no responsibility for technical issues that
are beyond our control.
If you encounter any problems joining or participating in the meeting, please call our help
line at 972-569-1191 for assistance.
Call to Order/ Roll Call.
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Announcements of recent and upcoming events.
Presentations.
1. Presentation of a Proclamation declaring the month of October 2022 as National
Breast Cancer Awareness month. (MLS)
2. Presentation of a Proclamation to members of the Prosper Police and Fire Departments
declaring October 4, 2022, as National Night Out. (MLS)
3. Presentation of a Proclamation to members of the Prosper Fire Rescue declaring the
month of October 2022 as Fire Prevention month. (MLS)
Agenda
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, September 27, 2022
5:45 PM
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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.
4. Consider and act upon the minutes of the September 13, 2022, Town Council work
session meeting. (MLS)
5. Consider and act upon the minutes of the September 13, 2022, Town Council meeting.
(MLS)
6. Consider and act upon approving a renewal to a Microsoft Enterprise Agreement, from
SHI Government Solutions, Inc., through a Texas Department of Information
Resources (DIR) Purchasing Contract; and authorizing the Town Manager to execute
all related documents for the same. (LJ)
7. Consider and act upon approving the purchase of network switches, from CDWG, Inc.,
through a Sourcewell Purchasing Contract. (LJ)
8. Consider and act upon authorizing the Interim Town Manager to execute a Park
Dedication and Park Maintenance Agreement between PR LADERA, LLC, and the
Town of Prosper, Texas, related to the dedication of public park property within the
Ladera development. (DB)
9. Consider and act upon an ordinance for a Specific Use Permit (SUP) for a Private Street
Development, on 16.4± acres, located on the south side of First Street, east of Coit
Road. (S22-0008). (DS)
10. Consider and act upon an ordinance request to rezone 5.6± acres from PD-21 and
Single Family-15 (SF-15) to a new Planned Development-Office/Retail (PD-O/R) for
office and retail uses, located on the west side of Preston Road north of Broadway
Street. (Z22-0014). (DS)
11. Consider and act upon authorizing the Interim Town Manager to execute a
Development Agreement between Prosper Texas Capital LLC, and the Town of
Prosper, Texas, related to the Winikates North development, located on the west side
of Preston Road north of Broadway Street. (DS)
12. Consider and act upon an ordinance to rezone 11.3+- acres of Commercial (C) to
Planned Development-Commercial (PD-C) to allow uses such as luxury
office/warehouse, automobile storage, and recreational vehicle parking, located on the
west side of Coleman Street, south of Prosper Trail. (Z22-0008). (DS)
13. Consider and act upon authorizing the Interim Town Manager to execute a
Development Agreement between AMR Prosper Premium Storage LLC, and the Town
of Prosper, Texas, related to the Premium Garages development, located on the west
side of Coleman Street south of Prosper Trail. (DS)
14. Consider and act upon an ordinance amending the no parking zone on Prince William
Lane from Coleman Street to south of Highbridge Lane. (HW)
15. Consider and act upon approving a Services Agreement with Strategies 360, Inc., for
Strategic Communications Planning and Crisis Communications Services, and
authorizing the Interim Town Manager to execute the same. (RB)
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16. Consider and act upon an ordinance amending Section 1.04.039 of Division 3,
"Community Engagement Committee" (CEC) of Article 1.04 of the Town's Code of
Ordinances by providing for the appointment of an alternate to the Community
Engagement Committee (CEC). (MLS)
17. Consider and act upon an ordinance amending Division 1 of Article 1.04, "Board,
Commissions, and Committees", of Chapter 1 of the Town's Code of Ordinances by
providing for term limits for members of Town Boards, Commissions, and Committees.
(MLS)
18. Consider and act upon a resolution designating The Prosper Press as the official
newspaper of the Town of Prosper, and The Dallas Morning News and The Frisco
Enterprise as alternative advertising sources, for Fiscal Year 2022-2023. (MLS)
19. Consider and act upon approving a Development Agreement by and between the Town
of Prosper (“Town”), Texas, 310 Prosper, L.P. and 55 Prosper, L.P. (collectively
“Owners”) regarding the dedication of park land and a hike & bike trail easement; and
authorizing the Interim Town Manager to approve final exhibits and execute all related
documents for the same. (RKP)
20. 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, including Star
Trail West Amenity Center. (DS)
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 Comment Request
Form” 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 Comment Request Form” 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:
21. Conduct a public hearing and act upon a request to rezone 7.9± acres from Office (O)
to Planned Development-Office (PD-O), generally to modify the development standards
to facilitate an office/retail development, including drive-through coffee shop as a
permitted use, located on the northwest corner of Preston Road and Coleman Road.
(Z21-0013). (DS)
22. Consider all matters incident and related to the issuance and sale of “Town of Prosper,
Texas, Combination Tax and Surplus Revenue Certificates of Obligation, Series 2022”,
including the adoption of an ordinance authorizing the issuance of such obligations and
establishing procedures and delegating authority for the sale and delivery of such
obligations. (RBS)
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23. Consider and act upon a resolution to deny the application of Oncor Electric Delivery
Company LLC, for approval to increase system-wide transmission and distribution rates
within the Town. (RBS)
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
24. Discuss the Collin County Bond Program Call for Projects. (PA)
25. Discussion regarding establishing a Downtown Committee. (RB)
26. Discuss the Town Logo. (RB)
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 and all
matters incident and related thereto.
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 551.071 - To consult with the Town Attorney regarding legal issues associated
with independent contractors, and all matters incident and related thereto.
Section 551.071 - To consult with the Town Attorney regarding legal issues associated
with Chapter 551 and 552 of the Texas Government Code, and all matters incident and
related thereto.
Section 551.074 - To discuss appointments to the Board of Adjustment/Construction
Board of Appeals, Parks & Recreation Board, Library Board, Prosper Economic
Development Corporation Board, Planning & Zoning Commission, and the Community
Engagement Committee, and all matters incident and related thereto.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
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, September 23, 2022, and remained so posted at least 72 hours before said meeting was
convened.
________________________________ _________________________
Michelle Lewis Sirianni, Town Secretary Date Notice Removed
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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 5:20 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Jeff Hodges
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Staff Members Present:
Ron K. Patterson, Interim Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Robyn Battle, Executive Director of Community Services
Hulon Webb, Interim Executive Director of Development and Infrastructure Services
Bob Scott, Executive Director of Administrative Services
Mary Ann Moon, EDC Executive Director
Leslie Scott, Director of Library Services
James Edwards, Human Resources Director
Todd Rice, Communications Manager
Frank Jaromin, Public Works Director
Dan Baker, Parks and Recreation Director
Stuart Blasingame, Fire Chief
Doug Kowalski, Police Chief
Items for Individual Consideration
1. Media Relations Training. (RB)
Marc Rylander with Strategies 360 presented principles for public servants to aid in
managing messages within various media platforms.
Adjourn.
The meeting was adjourned at 5:57 p.m.
These minutes approved on the 27th day of September 2022.
MINUTES
Prosper Town Council Work Session
Prosper Town Hall – Executive Conference Room
250 W. First Street, Prosper, Texas
Tuesday, September 13, 2022
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Item 4.
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APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
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Item 4.
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Prosper is a place where everyone matters.
Call to Order/ Roll Call.
The meeting was called to order at 6:15 p.m.
Council Members Present:
Mayor David F. Bristol
Mayor Pro-Tem Jeff Hodges
Deputy Mayor Pro-Tem Craig Andres
Councilmember Marcus E. Ray
Councilmember Amy Bartley
Councilmember Chris Kern
Councilmember Charles Cotten
Staff Members Present:
Ron K. Patterson, Interim Town Manager
Terry Welch, Town Attorney
Michelle Lewis Sirianni, Town Secretary
Bob Scott, Executive Director of Administrative Services
Sandy Mattick, Interim Finance Director
Robyn Battle, Executive Director of Community Services
Hulon Webb, Interim Executive Director of Development and Infrastructure Services
Pete Anaya, Assistant Director of Engineering Services / CIP
David Soto, Planning Manager
Todd Rice, Communications Manager
James Edwards, Human Resources Director
Dan Baker, Parks and Recreation Director
Paul Naughton, Senior Park Planner
Trevor Helton, Recreation Supervisor
Frank Jaromin, Public Works Director
Leslie Scott, Director of Library Services
Leigh Johnson, IT Director
Mary Ann Moon, Executive Director of Economic Development
Doug Kowalski, Police Chief
Stuart Blasingame, Fire Chief
Invocation, Pledge of Allegiance and Pledge to the Texas Flag.
Jason McConnell with Prosper United Methodist Church led the invocation. The Pledge of
Allegiance and the Pledge to the Texas Flag were recited.
An nouncements of recent and upcoming events.
Councilmember Kern made the following announcements:
Thank you to all those who attended including the staff and volunteers for making Paws on
Broadway a great event this past Saturday. A fun time was had by all.
MINUTES
Prosper Town Council Meeting
Council Chambers
Prosper Town Hall
250 W. First Street, Prosper, Texas
Tuesday, September 13, 2022
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Item 5.
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Thanks to everyone who attended the annual 9/11 remembrance ceremony held by the Prosper
Fire Rescue and Prosper ISD this past Sunday. The joint event was a very special remembrance
of the many lives lost, and those affected by this tragic day.
A new resident mixer is being held by the Town for those who have moved to Prosper in the last
six months on Thursday, September 15 from 6:00 to 8:00 p.m. on the south lawn of Town Hall.
Residents will get an opportunity to meet staff and their neighbors. There wil l be entertainment
for the kids and refreshments for the family.
Join us for a Moonlight Movie featuring the family film “Encanto” as part of the Discover Downtown
event series on Saturday, September 24. The event kicks off with strolling movie characters, lawn
games, balloon artists, shaved ice, and popcorn. Games will open at 7:00 p.m. with movie
beginning at 8:30 p.m. Visit the Town’s website for more information.
A Mayor’s Luncheon for Active Adults 55+ will take place on Wednesday, October 5 from 11:00
a.m. to 1:00 p.m. at the Church of Jesus Christ for Latter-day Saints. Reserve your spot today by
contacting Brant Holland in the Parks and Recreation Department.
Join us for “Celebrate Prosper BBQ & Blues” on Saturday, October 8 at Frontier Park from 5:00
p.m. to 9:00 p.m. This fun community celebration will feature live music and BBQ. The event is
presented by the Parks and Recreation Department with support of Sponsors and community
partners. Visit the Town’s website for more information.
Presentations.
1. Presentation of a Proclamation to members of the Shawnee Trail Chapter of the
National Society of the Daughters of the American Revolution (DAR) declaring
September 17-23, 2022, as Constitution Week. (MLS)
Mayor Bristol read and presented the Proclamation to Beverly Werner from the
Shawnee Trail Chapter of DAR.
2. Receive an update regarding the Pickleball Tournament. (TH)
Mr. Helton provided an update regarding the upcoming tournament to be held on
November 5. Prosper Independent School District (PISD) has agreed to allow the
Town to utilize Reynold Middle School for the tournament site. There will be several
categories and prizes for first and second place finishers along with local food vendors
for those in attendance.
3. Receive an update from the IT Department. (LJ)
Mr. Johnson presented an update that included completed and upcoming projects
along with connectivity with Town facilities, and the state mandated Cyber Security
training.
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.
4. Consider and act upon the minutes of the August 23, 2022, Town Council
meeting. (MLS)
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Item 5.
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5. Consider and act upon the minutes of the August 29, 2022, Town Council special
meeting. (MLS)
6. Consider and act upon the minutes of the August 30, 2022, Town Council special
meeting. (MLS)
7. Receive the Quarterly Investment Report. (RBS)
8. Consider and act upon Resolution 2022-51 approving the Town of Prosper and
Prosper Economic Development Corporation (PEDC) Investment Policy and
Investment Strategy and approving the list of qualified brokers/dealers and
financial institutions that are authorized to engage in investment transactions
with the Town of Prosper and the PEDC. (RBS)
9. Consider and act upon Resolution 2022-52 authorizing various individuals as
signers of specific accounts and certain investment matters. (RBS)
10. Consider authorizing the Town Manager to amend an existing contract by
changing the scope of services with Pattillo, Brown Hill L.L.P. (PBH) from
external audit services to professional services for an amount not to exceed
$45,000.00. (RBS)
11. Consider and act upon adopting the FY 2022-2023 Prosper Economic
Development Corporation budget. (MM)
12. Consider and act upon approving Amendment Sixteen to the Interlocal
Agreements between Collin County and the Town of Prosper, Texas, for Animal
Sheltering Services and Animal Control Services; and authorizing the Interim
Town Manager to execute the same. (MB)
13. Consider and act upon the appointment of a Municipal Judge, and authorize the
Mayor to execute an agreement for same. (MLS)
14. Consider and act upon awarding CSP No. 2022-54-B to Ratliff Hardscape, Ltd.
related to construction services for the Pecan Grove Park, Ph 2 (2145-PK), and
authorizing the Interim Town Manager to execute a construction agreement for
same. (DB)
15. Consider and act upon authorizing the Interim Town Manager to execute a
Professional Engineering Services Agreement between Kimley - Horn and
Associates, Inc., and the Town of Prosper, Texas, related to the development of
the Town of Prosper ADA Transition Plan. (HW)
16. Consider and act upon awarding CSP No. 2022-48-B to Mario Sinacola & Sons
Excavating, Inc., related to construction services for the First Street (Coit to
Custer) - 4 lanes project; and authorizing the Interim Town Manager to execute
a construction agreement for same. (HW)
17. Consider and act upon authorizing the Interim Town Manager to execute a
Professional Services Agreement between Freese and Nichols, Inc., and the
Town of Prosper, Texas, related to the update of the Comprehensive Plan. (DS)
18. Consider and act upon Resolution 2022-53 authorizing the Interim Town
Manager, and/or his/her designee, to apply for the Office of the Governor,
Criminal Justice Division, Bullet-Resistant Shield Grant Program, FY2023. (DK)
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Item 5.
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19. Consider an act upon approval of the Prosper Youth Sports Commission (PYSC)
Bylaw amendments. (DB)
20. 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 Plans and Preliminary Site Plans, including Lighthouse Church, First
Baptist Church, and PISD Bryant Elementary School. (DS)
Deputy Mayor Pro-Tem Andres requested to pull item #14.
Councilmember Cotten requested to pull item #16.
Mayor Pro-Tem Hodges made a motion to approve consent agenda items 4 thru 13,
15, and 17 thru 20. Councilmember Cotten seconded the motion, and the motion was
unanimously approved.
In regard to item #14, Deputy Mayor Pro-Tem Andres asked if the staff had concerns
regarding flooding or drainage problems related to the park. Mr. Naughton replied that
the Park Department is working with Engineering to resolve any previous issues and/or
concern regarding the lot drainage.
Deputy Mayor Pro-Tem Andres made a motion to approve awarding CSP No. 2022-
54-B to Ratliff Hardscape, Ltd. related to construction services for the Pecan Grove
Park, Ph 2 (2145-PK), and authorizing the Interim Town Manager to execute a
construction agreement for same. Councilmember Ray seconded that motion, and the
motion was unanimously approved.
In regard to item #16, Councilmember Cotten stated in the previous meeting that the
Town Council had requested staff to find additional cost savings regarding the project
and indicated Prosper Independent School District (PISD) has agreed to participate
and provide funding for the construction of First Street adjacent to the new high school.
Councilmember Cotten made a motion to approve awarding CSP No. 2022-48-B to
Mario Sinacola & Sons Excavating, Inc., related to construction services for the First
Street (Coit to Custer) - 4 lanes project; and authorizing the Interim Town Manager to
execute a construction agreement for same. Deputy Mayor Pro-Tem Andres seconded
that motion, and the motion was unanimously approved.
CITIZEN COMMENTS
Eric Ericson, 2700 Gentle Creek Trail, asked if the Town was considering placing soccer fields at
the park located at First and Coit.
Items for Individual Consideration:
21. Conduct a public hearing and consider and act upon a request to rezone 7.9±
acres from Office (O) to Planned Development-Office (PD-O), generally to modify
the development standards to facilitate an office/retail development, including
drive-through coffee shop as a permitted use, located on the northwest corner
of Preston Road and Coleman Road. (Z21-0013). (DS)
Mr. Soto presented the item and indicated staff has concerns allowing additional drive-
throughs to be constructed consecutively on the adjacent lot. The proposed request
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Item 5.
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conforms to the Future Land Use Plan with the Comprehensive Plan. Staff received
no public comments and was approved by the Planning and Zoning Commission with
a 4-0 vote. Staff recommends approval.
The Town Council discussed the permitted uses allowable by right, building height,
and the drive-through use as part of the request.
Matt Donnell with Victory Real Estate Group stated the hotel use is no longer being
considered and will be a multi-tenant building of at least 9,000 square feet.
The Town Council further discussed the uses, building materials proposed, and the
likeness of the proposed project to the surrounding properties.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
The Town Council discussed the following development standards and/or conditions
to be addressed in the ordinance or listed within the Development Agreement: removal
of the hotel, Lots 1 and 2 to be at least 5,000 square foot or greater, Lots 3 and 4 for
office use only, the building height of two stories or less should consist of 60% masonry
and more than two stories with minimum 40% masonry and include family friendly
businesses.
Councilmember Cotten made a motion to approve a request to rezone 7.9± acres from
Office (O) to Planned Development-Office (PD-O), generally to modify the
development standards to facilitate an office/retail development, including drive-
through restaurant as a permitted use, located on the northwest corner of Preston
Road and Coleman Road with the conditions as outlined. Councilmember Ray
seconded that motion. Motion failed by a vote of 2-6. All other members were opposed.
The Town Council discussed the percentages of masonry versus other materials.
Mayor Pro-Tem Hodges made a motion to table to September 27, 2022, a request to
rezone 7.9± acres from Office (O) to Planned Development-Office (PD-O), generally
to modify the development standards to facilitate an office/retail development,
including drive-through restaurant as a permitted use, located on the northwest corner
of Preston Road and Coleman Road. Deputy Mayor Pro-Tem seconded that motion.
Motion carried by a vote of 6-1. Councilmember Ray voting in opposition.
22. Conduct a public hearing and consider and act upon a request to rezone 5.6±
acres from PD-21 and Single Family-15 (SF-15) to a new Planned Development-
Office/Retail (PD-O/R) for office and retail uses, located on the west side of
Preston Road north of Broadway Street. (Z22-0014). (DS)
Mr. Soto stated the applicant is proposing to rezone the entire tract to develop the
property with four buildings to include office/medical use and retail on the easternmost
tract of land. The site provides for adequate parking and stacking. The landscaping
meets the minimum standards, and the proposed request conforms to the Future Land
Use Plan within the Comprehensive Plan. Staff received one letter of opposition. The
Planning and Zoning Commission recommended approval of the request by a vote of
4-0 at their August 16, 2022, meeting. Staff recommends approval.
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Item 5.
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The Town Council discussed the meaning of Wet Under Ground Detention Area as
listed on the plan. Mr. Bond explained the area could be done underground or wet. He
added the retail building could end up being office use.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Councilmember Cotten made a motion to approve a request to rezone 5.6± acres from
PD-21 and Single Family-15 (SF-15) to a new Planned Development-Office/Retail
(PD-O/R) for office and retail uses, located on the west side of Preston Road north of
Broadway Street and limiting the retail component of the development to family-
friendly businesses. Deputy Mayor Pro-Tem Andres seconded that motion, and the
motion was unanimously approved.
23. Conduct a public hearing and consider and act upon a request to rezone 11.3+-
acres of Commercial (C) to Planned Development-Commercial (PD-C) to allow
uses such as luxury office/warehouse, automobile storage, and recreational
vehicle parking, located on the west side of Coleman Street, south of Prosper
Trail. (Z22-0008). (DS)
Mr. Soto stated the applicant is proposing to update to the uses, design standards,
and architectural standards for the proposed uses. All uses shall be enclosed within a
building and no open storage will be permitted. The site provides for adequate parking
and stacking. The office/warehouse will be primarily made of brick with the other
buildings being metal with masonry veneer. The landscaping meets the minimum
standards, and the proposed request conforms to the Future Land Use Plan within the
Comprehensive Plan. The Planning and Zoning Commission recommended approval
by a 4-0 vote at their August 16, 2022, meeting. Staff recommends approval.
The Town Council discussed the parking ratio and fencing on the south side of the
property.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Deputy Mayor Pro-Tem Andres stepped away from the dais.
Mayor Pro-Tem Hodges made a motion to approve a request to rezone 11.3+- acres
of Commercial (C) to Planned Development-Commercial (PD-C) to allow uses such
as luxury office/warehouse, automobile storage, and recreational vehicle parking,
located on the west side of Coleman Street, south of Prosper Trail and limiting the
retail component of the development to family-friendly businesses. Councilmember
Bartely seconded that motion, and the motion passed by a 6-0 vote.
24. Conduct a public hearing and consider and act upon a request for a Specific
Use Permit (SUP) for a Private Street Development, on 16.4± acres, located on
the south side of First Street, east of Coit Road (S22-0008). (DS)
Mr. Soto stated the Zoning Ordinance allows for a Private Street Development subject
to approval of a Specific Use Permit (SUP), in accordance with the Conditional
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Item 5.
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Development Standards. The applicant has satisfied all requirements with no negative
impacts to the surrounding properties. The request conforms to the Future Land Use
Plan within the Comprehensive Plan. Staff did not receive any forms in response to
the request. The Planning and Zoning Commission recommended approval by a 4-0
vote at their August 16, 2022, meeting. Staff recommends approval.
Mat Moore with ClayMoore Engineering indicated this will be a gated community
consisting of 26 to 27 lots.
Mayor Bristol opened the public hearing.
No comments were made.
Mayor Bristol closed the public hearing.
Councilmember Bartley made a motion to approve a request for a Specific Use Permit
(SUP) for a Private Street Development, on 16.4± acres, located on the south side of
First Street, east of Coit Road. Mayor Pro-Tem Hodges seconded that motion, and the
motion was unanimously approved.
25. Consider and act upon Ordinance 2022-54 adopting the fiscal year (FY) 2022-
2023 Annual Budget and Capital Improvement Program for the fiscal year
beginning October 1, 2022 and ending September 30, 2023. (RBS)
Mr. Scott provided an overview of the proposed budget including the assessed
valuation and tax rate, revenue funds, dedicated capital levy, property tax distributions,
and the fiscal year 2023 initiatives.
Councilmember Ray made a motion to approve Ordinance 2022-54 adopting the fiscal
year (FY) 2022-2023 Annual Budget and Capital Improvement Program for the fiscal
year beginning October 1, 2022, and ending September 30, 2023. Councilmember
Cotten seconded that motion and was unanimously approved by a roll call vote of 7-
0.
26. Conduct a public hearing to consider and act upon Ordinance 2022-55 adopting
a tax rate of $0.51 per $100 valuation for fiscal year 2022-2023. (RBS)
Mr. Scott stated the proposed tax rate requires a record vote, and at least 60% of the
members of the governing body voting in favor.
Mayor Bristol stated this is only a public hearing to discuss the FY 2022-2023 proposed
tax rate.
Mayor Bristol opened the public hearing and encouraged the public to express their
views.
No comments were made.
Mayor Bristol closed the public hearing.
Councilmember Cotten made a motion to move that the property tax rate be increased
by the adoption of a tax rate of $0.51, which is effectively a 16.38% increase in the tax
rate. Councilmember Ray seconded that motion and was unanimously approved by a
roll call vote of 7-0.
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Item 5.
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27. Make a motion to ratify the property tax increase in the budget for fiscal year
(FY) 2022-2023. (RBS)
Mr. Scott stated it is required by state law that adoption of a budget that will raise more
revenue from property taxes than in the previous years requires a separate vote of the
governing body to ratify the property tax increase reflected in the budget.
Mayor Pro-Tem Hodges made a motion to ratify the property tax increase in the budget
for fiscal year (FY) 2022-2023. Deputy Mayor Pro-Tem Andres seconded that motion,
and the motion was unanimously approved.
28. Consider and act upon Ordinance 2022-56 amending Article 1.04, “Boards,
Commissions and Committee,” of Chapter 1, “General Provisions,” of the Code
of Ordinances establishing the Community Engagement Committee as a
standing advisory committee to the Town Council. (RB)
Ms. Battle reviewed the current structure of the Community Engagement Committee
(CEC) and the proposed structure if the Town Council should approve the ordinance.
The proposed structure would include eleven (11) members, a Chair and Vice-Chair
selected annually by the Committee, two-year staggered terms beginning October 1,
2022, and would follow the eligibility, application and appointment process of the
Town’s Board and Commission Appointment Policy, as well as subject to the Open
Meetings Act.
Councilmember Bartley made a motion to approve Ordinance 2022-56 amending
Article 1.04, “Boards, Commissions and Committee,” of Chapter 1, “General
Provisions,” of the Code of Ordinances establishing the Community Engagement
Committee as a standing advisory committee to the Town Council. Mayor Pro-Tem
Hodges seconded that motion, and the motion was unanimously approved.
Possibly direct Town staff to schedule topic(s) for discussion at a future meeting.
29. Discuss update to the Thoroughfare Plan. (HW)
Mr. Webb outlined administrative updates to the plan highlighting Teel Parkway, the
intersection at Coleman and First Street, and the Dallas North Tollway (DNT) collector
with and/or without Frontier Park Access Alternative. Mr. Webb stated any updates
would follow a formalized process beginning with a public hearing at Planning and
Zoning (P&Z). If the Town Council wishes to move forward, it would start October 18
with P&Z and to the Town Council on November 8. Staff is seeking direction as well
as their preference on whether to include the Frontier Park Access Alternative.
Councilmember Ray commented that he would like to see the Lakes of Prosper
subdivision notified regarding the road location.
The consensus of the Town Council was to move forward with the update and to
include the Frontier Park Access Alternative.
30. Discussion regarding a potential Capital Improvements Sub-Committee. (RKP)
Mr. Patterson recommended the Town Council consider formalizing a sub-committee
for Capital Improvement projects that would become part of the budget process.
Councilmember Cotten asked if they can add citizens. Mr. Patterson indicated that the
sub-committee would have the ability to call meetings with the community. Therefore,
recommended it be selected Councilmembers.
Page 15
Item 5.
Page 9 of 9
The consensus of the Town Council was to move forward with this item.
Councilmember Cotten as part of a future agenda item, would like to add the re-
evaluating of the process to select contractors as part of the CSP process.
Councilmember Kern requested to review the process of short-term rentals.
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 and all matters
incident and related thereto.
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 appointments to the Board of Adjustment/Construction Board of
Appeals, Parks & Recreation Board, Library Board, Prosper Economic Development Corporation
Board, Planning & Zoning Commission, and the Community Engagement Committee
The Town Council recessed into Executive Session at 8:59 p.m.
Reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
The Town Council reconvened into Regular Session at 10:34 p.m.
Mayor Pro-Tem Hodges made a motion to approve a First Amendment to the Interim Town
Manager Agreement. Deputy Mayor Pro-Tem Andres seconded that motion, and the motion was
unanimously approved.
Adjourn.
The meeting was adjourned at 10:34 p.m.
These minutes approved on the 27th day of September 2022.
APPROVED:
David F. Bristol, Mayor
ATTEST:
Michelle Lewis Sirianni, Town Secretary
Page 16
Item 5.
Page 1 of 2
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Ron Patterson, Interim Town Manager
Re: Microsoft Enterprise Agreement Renewal
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon approving a renewal to a Microsoft Enterprise Agreement, from SHI
Government Solutions, Inc., through a Texas Department of Information Resources (DIR)
Purchasing Contract; and authorizing the Town Manager to execute all related documents for the
same. (LJ)
Description of Agenda Item:
On or about June 25, 2019, the Town Council approved the establishment of a Microsoft
Enterprise Agreement (MSEA) with a term of three years. The current agreement expires on
August 31, 2022.
Upon approval of this item, the Town will enter into another three-year MSEA term, and will be
billed annually based on the size of staff and infrastructure at the time of billing. The MSEA
pricing is calculated annually and is not affected by mid-year staffing or infrastructure changes
until the following year, when any increases are applied to the next annual payment.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government
Code, Chapter 791, to enter into joint contracts and agreements for the performance of
governmental functions and services, including administrative functions normally associated with
the operation of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an interlocal agreement with the Texas Comptroller of Public
Accounts Cooperative Purchasing Program (formerly, Texas Building and Procurement
Commission) on March 14, 2006. Participation in the program allows our local government to
purchase goods and services through the cooperative contract, DIR contracts included, while
satisfying all competitive bidding requirements.
Budget Impact:
The FY 2021-2022 cost of the agreement is $94,878.76, and the full cost of the three year contract
is $284,631.63. The purchase will be funded from 100-5419-10-05 IT Licenses. Subsequent
annual expenditures will be subject to appropriations granted in future fiscal years.
Prosper is a place where everyone matters.
INFORMATION
TECHNOLOGY
Page 17
Item 6.
Page 2 of 2
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has approved the Agreement and all related
documents as to form and legality.
Attached Documents:
1. SHI quote 1
2. SHI quote 2
3. Microsoft Business and Services Agreement
4. Microsoft Enterprise Enrollment
5. Microsoft Supplemental Contact Information Form
6. Microsoft Program Signature Form
7. Microsoft Qualifying Government Entity Addendum
8. Microsoft Previous Enrollment Agreement Form
9. Microsoft Enterprise Subscription Enrollment Product Selection Form
10. Microsoft Enterprise Agreement
Town Staff Recommendation:
Town staff recommends approving the renewal to a Microsoft Enterprise Agreement, from SHI
Government Solutions, Inc., through a Texas Department of Information Resources (DIR)
Purchasing Contract; and authorizing the Town Manager to execute all related documents for the
same.
Proposed Motion:
I move to approve the renewal to a Microsoft Enterprise Agreement, from SHI Government
Solutions, Inc., through a Texas Department of Information Resources (DIR) Purchasing Contract;
and authorizing the Town Manager to execute all related documents for the same.
Page 18
Item 6.
Pricing Proposal
Quotation #: 22117956
Reference #: 47645384
Created On: Jun-07-2022
Valid Until: Sep-30-2022
TX-Town of Prosper Senior Inside Account
Executive
Leigh Johnson
Phone:
Fax:
Email:ljohnson@prospertx.gov
Jessica Vos
P.O. Box 847434
Dallas, TX 75284-7434
Phone: 800-870-6079 x6527657
Fax:512-732-0232
Email:Jessica_Vos@shi.com
Click here to order this quote
All Prices are in US Dollar (USD)
Product Qty Your Price Total
1 Office Professional Plus ALng LSA
Microsoft - Part#: 269-05704
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
50 $108.06 $5,403.00
2 SQL CAL ALng LSA User CAL
Microsoft - Part#: 359-00961
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
60 $33.56 $2,013.60
3 SQL Server Standard ALng SA
Microsoft - Part#: 228-04433
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
1 $144.89 $144.89
4 Win Server DC Core ALng SA 2L
Microsoft - Part#: 9EA-00278
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
32 $124.43 $3,981.76
5 AzureprepaymentG ShrdSvr ALNG SubsVL MVL Commit Provision
Microsoft - Part#: J5U-00004
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
1 $0.00 $0.00
Page 19
Item 6.
6 M365 G3 Unified FUSL GCC Sub Per User
Microsoft - Part#: AAD-34704
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
158 $381.12 $60,216.96
7 O365 G1 GCC Sub Per User
Microsoft - Part#: U4S-00002
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
236 $85.44 $20,163.84
8 Power BI Pro GCC Sub Per User
Microsoft - Part#: DDJ-00001
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
2 $92.28 $184.56
9 Visio P2 GCC Sub Per User
Microsoft - Part#: P3U-00001
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
20 $138.48 $2,769.60
10 Teams AC with Dial Out US/CA GCC Sub Addon
Microsoft - Part#: NYH-00001
Contract Name: Microsoft Software VAR
Contract #: DIR-TSO-4092
Coverage Term: Sep-01-2022 – Aug-31-2023
Note: Year 1 of 3
394 $0.00 $0.00
Subtotal $94,878.21
Shipping $0.00
Total $94,878.21
Additional Comments
Hardware items on this quote may be updated to reflect changes due to industry wide constraints and
fluctuations.
Thank you for choosing SHI-GS! The pricing offered on this quote proposal is valid through the expiration date set
above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and
applicable Contract Number when submitting a Purchase Order.
SHI Government Solutions, Inc. is 100% Minority Owned, Woman Owned Business.
TAX ID# 22-3695478; DUNS# 14-724-3096
The products offered under this proposal are resold in accordance with the terms and conditions of the Contract referenced under
that applicable line item.
Page 20
Item 6.
1/1
Discount Transparency Disclosure Form
Date:9/2/2022
Program:Enterprise 6
Enrollment Number:Renewal
Quote Number:1236943.003
Partner Name:SHI International Corp.
Reseller Address: 290 Davidson Ave
Somerset, NJ, United States, 08873-4145
Discount Details
For this enrollment, Microsoft provided the Customer’s Partner an additional discount off of the Partner’s Net
Price. The Partner is required, by Microsoft, to pass on the additional discount to the Customer by reducing the
Microsoft Product resale price by an amount equal to or greater then the discount.
Listed in the table below is the maximum price the partner may charge for the Microsoft Products to be ordered
under this enrollment. The Maximum Resale Price (MRP) is calculated by subtracting the additional discount
provided to the Partner, from the total estimated resale price for the Microsoft Products.
The requirement to pass through the additional discount, does not mean that Microsoft is setting the
Customer’s actual price. Partners remain free to set the price charged for Microsoft Products at any point equal
to or below MRP. The Customer’s actual price will be established by a separate agreement between Customer
and its Partner.
Ordered Products
Currency Maximum Resale Price
US Dollar 346,522
Note: The Maximum Resale Price listed in the table above only pertains to the Microsoft Products to be ordered under this
Enrollment. The content of this form has no impact on the Customer’s price for Non-Microsoft products and services.
In this form, the following definitions apply:
“Customer” means the entity that may enter or has entered into a Contract with the Partner.
“Contract” means a binding agreement between the Partner and Affiliate, under which Customer orders Products from Partner.
“Microsoft” means (1) the entity that has entered into an agreement with Partner under which Partner may place orders for
Microsoft Products for use by the Customer and (2) the affiliates of such entity, as appropriate.
“Maximum Resale Price” means the sum of the Estimated Retail Price for all Microsoft Products ordered under the Customer
Contract minus the aggregated discount off of the Partner’s Net Price provided by Microsoft listed in the currency in which the
Partner or Partner’s reseller transacts with Microsoft.
“Product” means all Microsoft Products identified in the Product Terms, such as all Software, Online Services, and other web-
based services, including pre-release or beta version. Microsoft product availability may vary by region.
Partner:_____________________________________
Customer:_____________________________________
Signature of Customer’s authorized representative:_____________________________________
Printed name:_____________________________________
Printed title:_____________________________________
Date:_____________________________________
SHI International Corp.
Town of Prosper
Ron Patterson
Interim Town Manager
Page 21
Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 1 of 10
Document X20-10635
Enterprise Enrollment State and Local
Enterprise Enrollment number
(Microsoft to complete) 80587239 Framework ID
(if applicable)
Previous Enrollment number
(Reseller to complete) 47645384
This Enrollment must be attached to a signature form to be valid.
This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form
as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of
the Customer, that entered into the Enterprise Agreement identified on the program signature f orm.
This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement
identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) the Online
Services Terms, (6) any Supplemental Contact Information Form, Previous Agreement/Enrollment form ,
and other forms that may be required, and (7) any order submitted under this Enrollment. This Enrollment
may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment,
Enrolled Affiliate agrees to be bound by the terms and conditio ns of the Enterprise Agreement.
All terms used but not defined are located at http://www.microsoft.com/licensing/contracts. In the event of
any conflict the terms of this Agreement control.
Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or
more previous Enrollments or agreements, then the effective date will be the day af ter the first prior
Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the
renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will
be the date this Enrollment is accepted by Microsoft. Any reference to “anniversary date” refers to the
anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in
effect.
Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months
from the effective date of the initial term . The renewal term will expire 36 full calendar months after the
effective date of the renewal term.
Terms and Conditions
1. Definitions.
Terms used but not defined in this Enrollment will have the definition in the Enterprise Agreement. The
following definitions are used in this Enrollment:
“Additional Product” means any Product identified as such in the Product Terms and chosen by Enrolled
Affiliate under this Enrollment.
“Community” means the community consisting of one or more of the following: (1) a Government, (2) an
Enrolled Affiliate using eligible Government Community Cloud Services to provide solutions to a
Government or a qualified member of the Community, or (3) a Customer with Customer Data that is subject
to Government regulations for which Customer determines and Microsoft agrees that the use of
Government Community Cloud Services is appropriate to meet Customer’s regulatory requirements.
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Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 2 of 10
Document X20-10635
Membership in the Community is ultimately at Microsoft’s discretion, which may vary by Government
Community Cloud Service.
“Enterprise Online Service” means any Online Service designated as an Enterprise Online Service in the
Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are
treated as Online Services, except as noted.
“Enterprise Product” means any Desktop Platform Product that Microsoft designates as an Enterprise
Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products
must be licensed for all Qualified Devices and Qualified Users on an Enterprise-wide basis under this
program.
“Expiration Date” means the date upon which the Enrollment expires.
“Federal Agency” means a bureau, office, agency, department or other entity of the United States
Government.
“Government” means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental
capacity.
“Government Community Cloud Services” means Microsoft Online Services that are provisioned in
Microsoft’s multi-tenant data centers for exclusive use by or for the Community and offered in accordance
with the National Institute of Standards and Technology (NIST) Special Publication 800 -145. Microsoft
Online Services that are Government Community Cloud Services are designated as such in the Use Rights
and Product Terms.
“Industry Device” (also known as line of business device) means any device that: (1) is not useable in its
deployed configuration as a general purpose personal computing device (such as a personal computer), a
multi-function server, or a commercially viable substitute for one of these systems; and (2) only employs an
industry or task-specific software program (e.g. a computer-aided design program used by an architect or
a point of sale program) (“Industry Program”). The device may include features and functions derived from
Microsoft software or third-party software. If the device performs desktop functions (such as email, word
processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance),
then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program
functionality; and (2) must be technically integrated with the Industry Program or employ technically
enforced policies or architecture to operate only when used with the Industry Program functionality.
“Managed Device” means any device on which any Affiliate in the Enterprise directly or indirectly controls
one or more operating system environments. Examples of Managed Devices can be found in the Product
Terms.
“Qualified Device” means any device that is used by or for the benefit of Enrolled Affiliate’s Enterprise and
is: (1) a personal desktop computer, portable computer, workstation, or similar device capable of running
Windows Pro locally (in a physical or virtual operating system environment), or (2) a device used to access
a virtual desktop infrastructure (“VDI”). Qualified Devices do not include any device that is: (1) designated
as a server and not used as a personal computer, (2) an Industry Device, or (3) not a Managed Device. At
its option, the Enrolled Affiliate may designate any device excluded above (e.g., Industry Device) that is
used by or for the benefit of the Enrolled Affiliate’s Enterprise as a Qualified Device for all or a subset of
Enterprise Products or Online Services the Enrolled Affiliate has selected.
“Qualified User” means a person (e.g., employee, consultant, contingent st aff) who: (1) is a user of a
Qualified Device, or (2) accesses any server software requiring an Enterprise Product Client Access
License or any Enterprise Online Service. It does not include a person who accesses server software or
an Online Service solely under a License identified in the Qualified User exemptions in the Product Terms.
“Reseller” means an entity authorized by Microsoft to resell Licenses under this program and engaged by
an Enrolled Affiliate to provide pre- and post-transaction assistance related to this agreement;
“Reserved License” means for an Online Service identified as eligible for true -ups in the Product Terms,
the License reserved by Enrolled Affiliate prior to use and for which Microsoft will make the Online Se rvice
available for activation.
Page 23
Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 3 of 10
Document X20-10635
"State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any
United States county, borough, commonwealth, city, municipality, town, township, special purpose district,
or other similar type of governmental instrumentality established by the laws of Customer’s state and
located within Customer’s state’s jurisdiction and geographic boundaries.
“Tribal Entity” means a federally recognized tribal entity performing tribal governmental functions and
eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian
tribe.
“Use Rights” means, with respect to any licensing program, the use rights or terms of service for each
Product and version published for that licensing program at the Volume Licensing Site and updated from
time to time. The Use Rights include the Product-Specific License Terms, the License Model terms, the
Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights
supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a
Product.
“Volume Licensing Site” means http://www.microsoft.com/licensing/contracts or a successor site.
2. Order requirements.
a. Minimum order requirements. Enrolled Affiliate’s Enterprise must have a minimum of 250
Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for
Enterprise Products or Enterprise Online Services.
(i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all
Qualified Users or Qualified Devices, depending on the License Type, with one or more
Enterprise Products or a mix of Enterprise Products and the corresponding Enterpr ise
Online Services (as long as all Qualified Devices not covered by a License are only used
by users covered with a user License).
(ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online
Services.
b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled
Affiliate may order Additional Products.
c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has
more restrictive use rights than the version that is current at the start of the applicable initial or
renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled
Affiliate’s use of that Product during that term.
d. Country of usage. Enrolled Affiliate must specify the countries where Licenses will be used
on its initial order and on any additional orders.
e. Resellers. Enrolled Affiliate must choose and maintain a Reseller authorized in the United
States. Enrolled Affiliate will acquire its Licenses through its chosen Reseller. Orders must be
submitted to the Reseller who will transmit the order to Microsoft. The Reseller and Enrolled
Affiliate determine pricing and payment terms as between them, and Microsof t will invoice the
Reseller based on those terms. Throughout this Agreement the term “price” refers to reference
price. Resellers and other third parties do not have authority to bind or impose any obligation
or liability on Microsoft.
f. Adding Products.
(i) Adding new Products not previously ordered. New Enterprise Products or Enterprise
Online Services may be added at any time by contacting a Microsoft Account Manager or
Reseller. New Additional Products, other than Online Services, may be used if an order is
placed in the month the Product is first used. For Additional Products that are Online
Services, an initial order for the Online Service is required prior to use.
Page 24
Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 4 of 10
Document X20-10635
(ii) Adding Licenses for previously ordered Products. Additional Licenses for previously
ordered Products other than Online Services may be added at any time but must be
included in the next true-up order. Additional Licenses for Online Services must be ordered
prior to use, unless the Online Services are (1) identified as eligible for true -up in the
Product Terms or (2) included as part of other Licenses.
g. True-up requirements. Enrolled Affiliate must submit an annual true-up order that accounts
for any changes since the initial order or last order. If there are no changes, then an update
statement must be submitted instead of a true-up order.
(i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the
number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the
time the true-up order is placed and must order additional Licenses for all Qualified Devices
and Qualified Users that are not already covered by existing Licenses, including any
Enterprise Online Services.
(ii) Additional Products. For Additional Products that have been previously ord ered under
this Enrollment, Enrolled Affiliate must determine the maximum number of Additional
Products used since the latter of the initial order, the last true-up order, or the prior
anniversary date and submit a true-up order that accounts for any increase.
(iii) Online Services. For Online Services identified as eligible for true-up in the Product
Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to
use and payment may be deferred until the next true -up order. Microsoft will provide a
report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its
Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they
were ordered.
(iv) Subscription License reductions. Enrolled Affiliate may reduce the quantity of
Subscription Licenses at the Enrollment anniversary date on a prospective basis if
permitted in the Product Terms, as follows:
1) For Subscription Licenses that are part of an Enterprise-wide purchase, Licenses may
be reduced if the total quantity of Licenses and Software Assurance for an applicable
group meets or exceeds the quantity of Qualified Devices and Qualified Users (if
ordering user-based Licenses) identified on the Product Selection Form, and includes
any additional Qualified Devices and Qualified Users added in any prior true-up orders.
Step-up Licenses do not count towards this total count.
2) For Enterprise Online Services that are not a part of an Enterprise-wide purchase,
Licenses can be reduced as long as the initial order minimum requirements are
maintained.
3) For Additional Products available as Subscription Licenses, Enrolled Affiliate may
reduce the Licenses. If the License count is reduced to zero, then Enrolled Affiliate’s
use of the applicable Subscription License will be cancelled.
Invoices will be adjusted to reflect any reductions in Subscription Licenses at the true -up
order Enrollment anniversary date and effective as of such date.
(v) Update statement. An update statement must be submitted instead of a true-up order if,
since the initial order or last true-up order, Enrolled Affiliate’s Enterprise: (1) has not
changed the number of Qualified Devices and Qualified Users licensed with Enterprise
Products or Enterprise Online Services; and (2) has not increased its usage of Additional
Products. This update statement must be signed by Enrolled Affiliate’s authorized
representative.
(vi) True-up order period. The true-up order or update statement must be received by
Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third-
year true-up order or update statement is due within 30 days prior to the Expiration Date,
and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate
Page 25
Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 5 of 10
Document X20-10635
may submit true-up orders more often to account for increases in Product usage, but an
annual true-up order or update statement must still be submitted during the annual order
period.
(vii) Late true-up order. If the true-up order or update statement is not received when due,
Microsoft will invoice Reseller for all Reserved Licenses not previously invoiced and
Subscription License reductions cannot be reported until the following Enrollment
anniversary date (or at Enrollment renewal, as applicable).
h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate
may step-up to a higher edition or suite as follows:
(i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to
the true-up process.
(ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up
initially by following the process described in the Section titled “Adding new Products not
previously ordered,” then for additional step-up Licenses, by following the true-up order
process.
i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents
submitted with or under this Enrollment, by providing notice by email and a reasonable
opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor
mistakes, unintentional additions and omissions. This provision does not apply to material
terms, such as the identity, quantity or price of a Product ordered.
j. Verifying compliance. Microsoft may, in its discretion and at its expense, verif y compliance
with this Enrollment as set forth in the Enterprise Agreement.
3. Pricing.
a. Price Levels. For both the initial and any renewal term Enrolled Affiliate’s Price Level for all
Products ordered under this Enrollment will be Level “D” throughout the term of the Enrollment.
b. Setting Prices. Enrolled Affiliate’s prices for each Product or Service will be established by its
Reseller. Except for Online Services designated in the Product Terms as being exempt from
fixed pricing, As long as Enrolled Affiliate continues to qualify for the same price level,
Microsoft’s prices for Resellers for each Product or Service ordered will be fixed throughout the
applicable initial or renewal Enrollment term. Microsoft’s prices to Resellers are reestablished
at the beginning of the renewal term.
4. Payment terms.
For the initial or renewal order, Microsoft will invoice Enrolled Affiliate’s Reseller in three equal annual
installments. The first installment will be invoiced upon Microsoft’s acceptance of this Enrollment and
remaining installments will be invoiced on each subsequent Enrollment anniversary date. Subsequent
orders are invoiced upon acceptance of the order and Enrolled Affiliate may elect to pay annually or upfront
for Online Services and upfront for all other Licenses.
5. End of Enrollment term and termination.
a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses
for Products it has used but has not previously submitted an order, except as otherwis e
provided in this Enrollment.
b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew
Products by renewing this Enrollment for one additional 36-month term or by signing a new
Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal
order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal.
Page 26
Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 6 of 10
Document X20-10635
Microsoft may make changes to this program that will make it necessary for Customer and its
Enrolled Affiliates to enter into new agreements and Enrollments at renewal.
c. If Enrolled Affiliate elects not to renew.
(i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any
Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software
Assurance later without first acquiring a new License with Software Assurance.
(ii) Online Services eligible for an Extended Term. For Online Services identified as eligible
for an Extended Term in the Product Terms, the following options are available at the end
of the Enrollment initial or renewal term.
1) Extended Term. Licenses for Online Services will automatically expire in accordance
with the terms of the Enrollment. An extended term feature that allows Online Services
to continue month-to-month (“Extended Term”) is available. During the Extended
Term, Online Services will be invoiced monthly at the then -current published price as
of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled
Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft
at least 30 days prior to the Expiration Date.
2) Cancellation during Extended Term. At any time during the first year of the
Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a
notice of cancellation to Microsoft for each Online Service. Thereafter, either party
may terminate the Extended Term by providing the other with a notice of cancellation
for each Online Service. Cancellation will be effective at the end of the month following
30 days after Microsoft has received or issued the notice.
(iii) Subscription Licenses and Online Services not eligible for an Extended Term. If
Enrolled Affiliate elects not to renew, the Licenses will be cancelled and will terminate as
of the Expiration Date. Any associated media must be uninstalled and destroyed and
Enrolled Affiliate’s Enterprise must discontinue use. Microsoft may request written
certification to verif y compliance.
d. Termination for cause. Any termination for cause of this Enrollment will be subject to the
“Termination for cause” section of the Agreement. In addition, it shall be a breach of this
Enrollment if Enrolled Affiliate or any Affiliate in the Enterprise that uses Government
Community Cloud Services fails to meet and maintain the conditions of membership in the
definition of Community.
e. Early termination. Any early termination of this Enrollment will be subject to the “Early
Termination” Section of the Enterprise Agreement.
For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an
Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid
in advance for the period after termination.
6. Government Community Cloud.
a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud
Services, Enrolled Affiliate certifies that it is a member of the Community and agrees t o use
Government Community Cloud Services solely in its capacity as a member of the Community
and, for eligible Government Community Cloud Services, for the benefit of end users that are
members of the Community. Use of Government Community Cloud Services by an entity that
is not a member of the Community or to provide services to non-Community members is strictly
prohibited and could result in termination of Enrolled Affiliate’s license(s) for Government
Community Cloud Services without notice. Enrolled Affiliate acknowledges that only
Community members may use Government Community Cloud Services.
b. All terms and conditions applicable to non-Government Community Cloud Services also apply
Page 27
Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 7 of 10
Document X20-10635
to their corresponding Government Community Cloud Services, except as otherwise noted in
the Use Rights, Product Terms, and this Enrollment.
c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and
corresponding non-Government Community Cloud Services in the same domain.
d. Use Rights for Government Community Cloud Services. For Government Community
Cloud Services, notwithstanding anything to the contrary in the Use Rights:
(i) Government Community Cloud Services will be offered only within the United States.
(ii) Additional European Terms, as set forth in the Use Rights, will not apply.
(iii) References to geographic areas in the Use Rights with respect to the location of Customer
Data at rest, as set forth in the Use Rights, refer only to the United States.
Page 28
Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 8 of 10
Document X20-10635
Enrollment Details
1. Enrolled Affiliate’s Enterprise.
a. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate’s
Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of
Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities.
Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise
to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the
Enterprise to include the largest number of Affiliates:
Enrolled Affiliate only
Enrolled Affiliate and all Affiliates
Enrolled Affiliate and the following Affiliate(s) (Only identify specific affiliates to be included
if fewer than all Affiliates are to be included in the Enterprise):
Enrolled Affiliate and all Affiliates, with following Affiliate(s) excluded:
b. Please indicate whether the Enrolled Affiliate’s Enterprise will include all new Affiliates acquired
after the start of this Enrollment: Exclude future Affiliates
2. Contact information.
Each party will notify the other in writing if any of the information in the following contact information page(s)
changes. The asterisks (*) indicate required fields. By providing contact information, Enr olled Affiliate
consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties
that help administer this Enrollment. The personal information provided in connection with this Enrollment
will be used and protected in accordance with the privacy statement available at
https://www.microsoft.com/licensing/servicecenter.
a. Primary contact. This contact is the primary contact for the Enrollment from within Enrolled
Affiliate’s Enterprise. This contact is also an Online Administrator for the Volume Licensing
Service Center and may grant online access to others. The primary contact will be the default
contact for all purposes unless separate contacts are identified for specific purposes
Name of entity (must be legal entity name)* Town of Prosper
Contact name* First Leigh Last Johnson
Contact email address* leigh_johnson@prospertx.gov
Street address* 200 S. Main St.
City* Prosper
State* TX
Postal code* 75078-2742-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 972-569-1150
Tax ID
* indicates required fields
b. Notices contact and Online Administrator. This contact (1) receives the contractual notices,
(2) is the Online Administrator for the Volume Licensing Service Center and may grant online
access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies,
including adding or reassigning Licenses and stepping-up prior to a true-up order.
Page 29
Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 9 of 10
Document X20-10635
Same as primary contact (default if no information is provided below, even if the box is not
checked).
Contact name* First Leigh Last Johnson
Contact email address* leigh_johnson@prospertx.gov
Street address* 200 S. Main St.
City* Prosper
State* TX
Postal code* 75078-2742-
(Please provide the zip + 4, e.g. xxxxx-xxxx)
Country* United States
Phone* 972-569-1150
Language preference. Choose the language for notices. English
This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives
personally identifiable information of the Customer and its Affiliates.
* indicates required fields
c. Online Services Manager. This contact is authorized to manage the Online Services ordered
under the Enrollment and (for applicable Online Services) to add or reassign Licenses and
step-up prior to a true-up order.
Same as notices contact and Online Administrator (default if no information is provided below,
even if box is not checked)
Contact name*: First Leigh Last Johnson
Contact email address* leigh_johnson@prospertx.gov
Phone* 972-569-1150
This contact is from a third party organization (not the entity). Warning: This contact receives
personally identifiable information of the entity.
* indicates required fields
d. Reseller information. Reseller contact for this Enrollment is:
Reseller company name* SHI International Corp.
Street address (PO boxes will not be accepted)* 290 Davidson Ave
City* Somerset-
State* NJ
Postal code* 08873-4145
Country* United States
Contact name* Brandon Barkley
Phone* 888-764-8888
Contact email address* Brandon_Barkley@SHI.com
* indicates required fields
By signing below, the Reseller identified above confirms that all information provided in this
Enrollment is correct.
Signature*
Printed name*
Printed title*
Date*
* indicates required fields
Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with
each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the
Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the
Page 30
Item 6.
EA20201EnrGov(US)SLG(ENG)(Oct2019) Page 10 of 10
Document X20-10635
other party using a form provided by Microsoft at least 90 days prior to the date on which the
change is to take effect.
e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental
Contact Information form. Otherwise, the notices contact and Online Administrator remains
the default.
(i) Additional notices contact
(ii) Software Assurance manager
(iii) Subscriptions manager
(iv) Customer Support Manager (CSM) contact
3. Financing elections.
Is a purchase under this Enrollment being financed through MS Financing? Yes, No.
If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to
finance any associated taxes, it must pay these taxes directly to Microsoft.
Page 31
Item 6.
AmendmentApp v4.0 M97 B
Page 1 of 2
Amendment to Contract Documents
Enrollment Number
5-0000009094209
This amendment (“Amendment”) is entered into between the parties identified on the attached program
signature form. It amends the Enrollment or Agreement identified above. All terms used but not defined
in this Amendment will have the same meanings provided in that Enrollment or Agreement.
Enterprise Enrollment (Indirect)
Invoice for Quoted Price
Amendment ID M97
The price quoted to Enrolled Affiliate’s Reseller is a fixed price based on an estimated order submission
date. Microsoft will invoice Enrolled Affiliate’s Reseller based on this fixed price quote. If this order is
submitted later than the estimated order submission date, Enrolled Aff iliate’s Reseller will be charged
for net new Monthly Subscriptions (including Online Services) for the period during which these services
were not provided. Pricing to Enrolled Affiliate is agreed between Enrolled Affiliate and Enrolled
Affiliate’s Reseller.
SKU Number SKU Description Existing Quantity Incremental
quantities
AAD-34704 M365 G3 Unified FUSL
GCC Sub Per User 158
U4S-00002 O365 G1 GCC Sub Per
User 236
P3U-00001 Visio P2 GCC Sub Per
User
20
DDJ-00001 Power BI Pro GCC Sub
Per User
2
NYH-00001 Teams AC with Dial Out
US/CA GCC Sub Add on
394
Except for changes made by this Amendment, the Enrollment or Agreement identified above remains
unchanged and in full force and effect. If there is any conflict between any provision in this Amendment
and any provision in the Enrollment or Agreement identified above, this Amendment shall control.
This Amendment must be attached to a signature form to be valid.
Page 32
Item 6.
AmendmentApp v4.0 M97 B
Page 2 of 2
Microsoft Internal Use Only:
(M97)EnrAmend(Ind)(InvoiceforQuotedPrice)(
WW)(ENG)(Oct2020)(IU).docx
M97 B
Page 33
Item 6.
Enterprise Enrollment Product Selection Form
Language:
Qualified
Devices Qualified Users Device / User
Ratio
158 394 1.0
50 50 1.0
208 444
English (United States)
Enrolled Affiliate's Enterprise Products and Enterprise Online Services summary for the initial order:
User Licenses
CAL Licensing ModelEnterprise Product Platform
No
Profile
Enterprise
Enterprise Products Office Professional Plus + M365
Apps for Enterprise + Office 365
(Plans E3 and E5) + Microsoft
365 Enterprise
Client Access License +
Office 365 (Plans E1, E3
and E5) + Microsoft 365
Enterprise
Quantity 208 394 158 158
Enrolled Affiliate’s Price Level:
Product Offering / Pool Price Level
Enterprise Products and Enterprise Online Services USLs: Unless otherwise indicated in associated contract
documents, Price level set using the highest quantity from Groups 1 through 4.
Proposal ID
1236943.003
Enrollment Number
D
Worker Kiosk Device QuantityProducts
Total
Enterprise Quantity
Client Access License
+ Windows Intune +
EMS USL + Microsoft
365 Enterprise
Win E3 + Win E5 +
Win VDA + Microsoft
365 Enterprise
2 3 4
Enrolled Affiliate’s Product Quantities:
Price Group 1
Office Professional Plus
M365 G3 GCC USL Unified
O365 G1 GCC
-
158
236
50
-
-
D
Additional Product Application Pool: Unless otherwise indicated in associated contract documents, Price level set using
quantity from Group 1.D
Additional Product Server Pool: Unless otherwise indicated in associated contract documents, Price level set using the
highest quantity from Group 2 or 3.
None
No Worker Kiosk Device
Office Professional Plus
Microsoft 365 Enterprise
Office 365 Plans
EA-EASProdSelForm(WW)(ENG)
CTM
Page 1 of 2
Page 34
Item 6.
Enterprise Enrollment Product Selection Form
2,399 and below A
Note 1: Enterprise Online Services may not be available in all locations. Please see the Product List for a list of locations where these may be
purchased.
2,400 to 5,999 B
6,000 to 14,999 C
15,000 and above D
Unless otherwise indicated in the associated contract documents, the price level for each Product offering / pool is set as described above, based
upon the quantity to price level mapping below:
Quantity of Licenses and Software Assurance Price Level
NOTES
Note 2: If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price
level for Additional Products in the same pool will be price level “A” throughout the term of the Enrollment. Refer to the Qualifying Government Entity
Addendum pricing provision for more details on price leveling.
Additional Product Systems Pool: Unless otherwise indicated in associated contract documents, Price level set using
quantity from Group 4.D
EA-EASProdSelForm(WW)(ENG)
CTM
Page 2 of 2
Page 35
Item 6.
EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O
Page 1 of 2
Enterprise
Sub 250 Program
Amendment ID W29
The parties agree that the Enrollment is amended as follows:
1. On the first page of the Enrollment, the following is added after the
second paragraph:
By entering into this Enrollment, the Enrolled Affiliate agrees that (1) it also has 25 or more Qualified
Devices or Qualified Users; or (2) as a condition of entering into this Enrollment with 25 -249 Qualified
Devices or Qualified Users, Enrolled Affiliate has elected not to receive CD ROMs as part of the
Enrollment and therefore no CD ROMs will automatically be shipped. If Enrolled Affiliate is enrolling
with 25-249 Qualified Devices or Qualified Users and it would like to receive CD ROM Kits and updates,
Enrolled Affiliate may order these through its Reseller for a fee.
The submission of this Amendment can only be placed against a 2011 Enterprise Agreement or an
Enrollment that has the Updated EA Amendment terms and conditions applied. The sub mittal of this
Amendment may not be contingent on submittal of a new Enterprise Agreement.
2. Section 2a of the Enrollment titled “Order Requirements”, is
hereby amended and restated in its entirety with the following:
a. Minimum Order Requirements. Enrolled Affiliate’s Enterprise must have a minimum of
25 Qualified Users or Qualified Devices.
(i) Initial Order. Initial order must include at least 25 Licenses from one of the four groups
outlined in the Product Selection Form.
(ii) If choosing Enterprise Products. If choosing Enterprise Products in a specific group
outlined in the Product Selection Form, Enrolled Affiliate’s initial order must include an
Enterprise-wide selection of one or more Enterprise Products or a mix of Enterprise
Products and corresponding Enterprise Online Services for that group.
(iii) Additional Products. Upon satisfying the minimum order requirements above,
Enrolled Affiliate may order Additional Products.
(iv) Country of Usage. Enrolled Affiliate must specify the countries where Licenses will
be used on its initial order and on any additional orders.
(v) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled
Affiliate need only maintain at least 25 Subscription Licenses for Enterprise Online
Services.
3. Software Assurance renewal.
Renewing Software Assurance: If Enrolled Affiliate will be renewing Products
Software Assurance coverage from a separate agreement, check this box.
By checking the above box, a new section is added to the Enrollment entitled “Software Assurance
Addition.”
Software Assurance Addition. Enrolled Affiliate is permitted to and will include in its initial order under
this Enrollment Software Assurance quantities from eligible Program’s identified in the table below, even
though Enrolled Affiliate is not otherwise eligible to order such Software Assurance without
simultaneously ordering a License.
Page 36
Item 6.
EAEnrAmend(NA)(ENG)(May2018) Sub 250 Program
W29
O
Page 2 of 2
Enrolled Affiliate agrees that any perpetual Licenses received through the New Software Assurance
shall supersede and replace the underlying Licenses, and the u nderlying Licenses are not to be
transferred separately from any Licenses received through the New Software Assurance. Any remaining
payment obligations with respect to the underlying Licenses shall continue in effect.
Program License ID Number Expiration Date
Enterprise 47645384 8/31/2022
Page 37
Item 6.
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2
Document X20-12883
Program Signature Form
MBA/MBSA number 5-0000009094209
Agreement number 01E73535
Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the
associated active number be indicated here, or listed below as new.
For the purposes of this form, “Customer” can mean the signing entity, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
This signature form and all contract documents identified in the table below are entered into between
the Customer and the Microsoft Affiliate signing, as of the effective date identified below.
Contract Document Number or Code
Enterprise Enrollment (Indirect) X20-10635
Sub250 Form W29
Discount Transparency Disclosure Form 1236943.003_DTF
Product Selection Form 1236943.003_PSF
Enterprise Amendment M97 (NEW)
By signing below, Customer and the Microsoft Affiliate agree that both parties (1) have received, read
and understand the above contract documents, including any websites or documents incorporated by
reference and any amendments and (2) agree to be bound by the terms of all such documents.
Customer
Name of Entity (must be legal entity name)* Town of Prosper
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
Tax ID
* indicates required field
Page 38
Item 6.
ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2
Document X20-12883
Microsoft Affiliate
Microsoft Corporation
Signature
Printed First and Last Name
Printed Title
Signature Date
(date Microsoft Affiliate countersigns)
Agreement Effective Date
(may be different than Microsoft’s signature date)
Optional 2nd Customer signature or Outsourcer signature (if applicable)
Customer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
Outsourcer
Name of Entity (must be legal entity name)*
Signature*
Printed First and Last Name*
Printed Title
Signature Date*
* indicates required field
If Customer requires additional contacts or is reporting multiple previous Enrollments, include the
appropriate form(s) with this signature form.
After this signature form is signed by the Customer, send it and the Contract Documents to Customer’s
channel partner or Microsoft account manager, who must submit them to the following address. When
the signature form is fully executed by Microsoft, Customer will receive a confirmation copy.
Microsoft Corporation
Dept. 551, Volume Licensing
6880 Sierra Center Parkway
Reno, Nevada 89511
USA
Page 39
Item 6.
PrevEnrAgrForm(WW)(ENG)(Oct2019) Page 1 of 1
Document X20-12873
Previous Enrollment(s)/Agreement(s) Form
Entity Name: Town of Prosper
Contract that this form is attached to: State Local Government
For the purposes of this form, “entity” can mean the signing entity, Customer, Enrolled Affiliate,
Government Partner, Institution, or other party entering into a volume licensing program agreement.
Please provide a description of the previous Enrollment(s), Agreement(s), Purchasing Account(s),
and/or Affiliate Registration(s) being renewed or consolidated into the new contract identified above.
a. Entity may select below any previous contract(s) from which to transfer MSDN subscribers
to this new contract. Entity shall ensure that each MSDN subscriber transferred is either
properly licensed under the new contract or is removed.
b. Entity may select below only one previous contract from which to transfer the Software
Assurance (SA) Benefit contact details, i.e., benefits contact (not the SA manager) and the
program codes, to this new contract.
c. An Open License cannot be used to transfer either the SA Benefit details or MSDN
subscribers.
d. The date of the earliest expiring Enrollment/Agreement that contains SA or Online Services
will be the effective date of the new contract (or SA coverage period for Select Plus).
e. Please insert the number of the earliest expiring Enrollment/Agreement with SA or Online
Services in the appropriate fields of the new contract.
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Description
Enrollment/Agreement/
Purchasing Account/Affiliate
Registration Public Customer
Number
Transfer
SA Benefit
Contact
Transfer
MSDN
Subscribers
Standard Enrollment 47645384 X X
Page 40
Item 6.
Page 1 of 2
To: Mayor and Town Council
From: Leigh Johnson, Director of Information Technology
Through: Ron Patterson, Interim Town Manager
Re: Central Fire Station Network Equipment Purchase
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon approving the purchase of network switches, from CDW G, Inc., through a
Sourcewell Purchasing Contract. (LJ)
Description of Agenda Item:
The new Central Fire Station facility will require network switches for the daily operation of all
connected hardware in the building. This purchase covers the switch hardware and installation
services for all core network fabric devices, both wired and wireless.
Local governments are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code,
Chapter 791, to enter into joint contracts and agreements for the performance of governmental
functions and services, including administrative functions normally associated with the operation
of government (such as purchasing necessary materials and equipment).
The Town of Prosper entered into an Interlocal Agreement with the Sourcewell Purchasing
Program in September 14 of 2014. Participation in the program allows our local government to
purchase goods and services through the cooperative contract while satisfying all competitive
bidding requirements.
Budget Impact:
The cost of the purchase is $60,619.79 and will be funded from 750-6610-10-00-2113-FC (FF&E).
Subsequent annual expenditures will be subject to appropriations granted in future fiscal years.
Legal Obligations and Review:
This item does not require legal review.
Attached Documents:
1. CDWG Quote
Prosper is a place where everyone matters.
INFORMATION
TECHNOLOGY
Page 41
Item 7.
Page 2 of 2
Town Staff Recommendation:
Town staff recommends approving the purchase of network switches, from CDWG, Inc., through
a Sourcewell Purchasing Contract.
Proposed Motion:
I move to approve the purchase of network switches, from CDWG, Inc., through a Sourcewell
Purchasing Contract.
Page 42
Item 7.
Hardware Software Services IT Solutions Brands Research Hub
LEIGH JOHNSON,
Thank you for considering CDWG for your computing needs. The details of your quote are below. Click
here to convert your quote to an order.
Convert Quote to Order
QUOTE #QUOTE DATE QUOTE REFERENCE CUSTOMER #GRAND TOTAL
MZHQ451 9/15/2022 EXTREME 5420 9637526 $60,619.79
QUOTE DETAILS
ITEM QTY CDW#UNIT PRICE EXT.PRICE
Extreme Networks 5420F 48-Port PoE+ Switch 10 6385617 $2,888.37 $28,883.70
Mfg. Part#: 5420F-48P-4XE
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW)
Extreme Networks - power supply - 920 Watt 10 6313876 $420.09 $4,200.90
Mfg. Part#: XN-ACPWR-920W
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW)
Extreme Networks power cable 20 3533481 $9.32 $186.40
Mfg. Part#: 10099
UNSPSC: 26121636
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW)
Extreme Networks 10GBase direct attach cable - 0.5 m 10 6747388 $51.66 $516.60
Mfg. Part#: 10G-DACP-SFPZ5M
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW)
ETREME EW NBD AHR 5420F-48P-4XE 5YR 10 7175230 $1,742.56 $17,425.60
Mfg. Part#: 97004-5420F-48P-4XE-5YR
Electronic distribution - NO MEDIA
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW)
Extreme Networks ExtremeCloud IQ Pilot - subscription
license + ExtremeWork
10 6502066 $182.94 $1,829.40
Mfg. Part#: XIQ-PIL-S-C-EW-DELAY-4YR
Electronic distribution - NO MEDIA
Contract: Sourcewell 081419-CDW Tech Catalog - Software
(081419-CDW)
Extreme Networks Service Units 1 - extended service
agreement - 1 year - on
3 4868113 $2,525.73 $7,577.19
Mfg. Part#: PS-ESU-1
UNSPSC: 81111812
Electronic distribution - NO MEDIA
Contract: Sourcewell 081419-CDW Tech Catalog (081419#CDW)
These services are considered Third Party Services,and this purchase is subject to CDWs Third Party Cloud Services Terms and Conditions,
unless you have a written agreement with CDW covering your purchase of products and services,in which case this purchase is subject to such
other written agreement.
Page 43
Item 7.
Page 2 of 3
The third-party Service Provider will provide these services directly to you pursuant to the Service Providers standard terms and conditions or
such other terms as agreed upon directly between you and the Service Provider.The Service Provider,not CDW,will be responsible to you for
delivery and performance of these services.Except as otherwise set forth in the Service Providers agreement,these services are
non-cancellable, and all fees are non-refundable.
SUBTOTAL $60,619.79
SHIPPING $0.00
SALES TAX $0.00
GRAND TOTAL $60,619.79
PURCHASER BILLING INFO DELIVER TO
Billing Address:
TOWN OF PROSPER
ACCOUNTS PAYABLE
PO BOX 307
PROSPER, TX 75078-0307
Phone: (972) 346-2640
Payment Terms: Master Card
Shipping Address:
TOWN OF PROSPER
JANUARY COOK
151 S. MAIN ST
PROSPER, TX 75078-2731
Shipping Method: DROP SHIP-GROUND
Please remit payments to:
CDW Government
75 Remittance Drive
Suite 1515
Chicago, IL 60675-1515
Sales Contact Info
Nick Trapani | (877) 325-2502 | nick.trapani@cdwg.com
LEASE OPTIONS
FMV TOTAL FMV LEASE OPTION BO LEASE OPTION
$60,619.79 $1,625.22/Month $1,877.39/Month
Monthly payment based on 36 month lease. Other terms and options are available. Contact your Account Manager for details. Payment quoted
is subject to change.
Why finance?
Lower Upfront Costs. Get the products you need without impacting cash flow. Preserve your working capital and existing credit line.
Flexible Payment Terms. 100% financing with no money down, payment deferrals and payment schedules that match your company’s
business cycles.
Predictable, Low Monthly Payments. Pay over time. Lease payments are fixed and can be tailored to your budget levels or revenue streams.
Technology Refresh. Keep current technology with minimal financial impact or risk. Add-on or upgrade during the lease term and choose to
return or purchase the equipment at end of lease.
Bundle Costs. You can combine hardware, software, and services into a single transaction and pay for your software licenses over time! We
know your challenges and understand the need for flexibility.
General Terms and Conditions:
This quote is not legally binding and is for discussion purposes only. The rates are estimate only and are based on a collection of industry data
from numerous sources. All rates and financial quotes are subject to final review, approval, and documentation by our leasing partners.
Payments above exclude all applicable taxes. Financing is subject to credit approval and review of final equipment and services configuration.
Fair Market Value leases are structured with the assumption that the equipment has a residual value at the end of the lease term.
Page 44
Item 7.
Page 3 of 3
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Page 45
Item 7.
Page 1 of 2
PARKS AND RECREATION
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Dan Baker, Parks and Recreation Director
Through: Ron K. Patterson, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Park Dedication and Park Maintenance Agreement - Ladera
Town Council Meeting – September 27, 2022
____________________________________________________________________________
Agenda Item:
Consider and act upon authorizing the Interim Town Manager to execute a Park Dedication and
Park Maintenance Agreement between PR LADERA, LLC, and the Town of Prosper, Texas,
related to the dedication of public park property within the Ladera development.
Description of Agenda Item:
The Ladera development is proposing to dedicate 5.172 acres of public park property along the
southwestern edge of their development to be used for park and recreation purposes. Proposed
improvements include a hike and bike trail, active adult exercise stations, playground structure
and/or other active and/or passive amenity improvements that will provide benefit to the residents
of the Ladera development as well as residents of the Town. While the Town will be responsible
for the maintenance obligations for the hike and bike trail, the construction of the hike and bike
trail and maintenance obligations for all other improvements, as well as the park property, are to
be the responsibility of PR LADERA, LLC.
Budget Impact:
The public park property is being dedicated to the Town at no cost and PR LADERA, LLC, has
agreed to be responsible for the perpetual maintenance of the park property and all other
proposed improvements besides the hike and bike trail.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the agreement as to form and
legality.
Attachments:
1. Park Dedication and Park Maintenance Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Interim Town Manager to execute a
Park Dedication and Park Maintenance Agreement between PR LADERA, LLC, and the Town of
Prosper, Texas, related to the dedication of public park property within the Ladera development.
Page 46
Item 8.
Page 2 of 2
Proposed Motion:
I move to authorize the Interim Town Manager to execute a Park Dedication and Park
Maintenance Agreement between PR LADERA, LLC, and the Town of Prosper, Texas, related to
the dedication of public park property within the Ladera development.
Page 47
Item 8.
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Item 8.
Page 1 of 1
To:
Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Specific Use Permit SEC Coit & First Street
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon an ordinance for a Specific Use Permit (SUP) for a Private Street
Development, on 16.4± acres, located on the south side of First Street, east of Coit Road. (S22-
0008).
Description of Agenda Item:
On September 13, 2022, the Town Council approved the proposed request, by a vote of 6-0.
A Specific Use Permit 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.
Attachments:
1. Ordinance
2. Ordinance Exhibits
Town Staff Recommendation:
Town staff recommends approval of an ordinance for a Specific Use Permit (SUP) for a Private
Street Development, on 16.4± acres, located on the south side of First Street, east of Coit Road .
(S22-0008).
Proposed Motion:
I move to approve an ordinance for a Specific Use Permit (SUP) for a Private Street Development,
on 16.4± acres, located on the south side of First Street, east of Coit Road. (S22-0008).
Prosper is a place where everyone matters.
PLANNING
Page 61
Item 9.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-__
AN ORDINANCE AMENDING PROSPER’S ZONING ORDINANCE BY
GRANTING A SPECIFIC USE PERMIT (SUP) FOR PRIVATE STREETS
LOCATED ON A TRACT OF LAND CONSISTING OF 16.41 ACRES, MORE OR
LESS, SITUATED IN THE JAMES STONE SURVEY, ABSTRACT NUMBER 847,
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS; DESCRIBING THE
TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING
AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF
THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town Council of the Town of Prosper, Texas (the “Town Council”) has
investigated and determined that Zoning Ordinance should be amended; and
WHEREAS, the Town of Prosper, Texas (“Prosper”) has received a request (Case S22-
0008) from the Mohan Kilaru (“Applicant”) for a Specific Use Permit (SUP) for Private Streets,
located on a tract of land consisting of 16.41 acres of land, more or less, in the James Stone
Survey, Abstract Number 847, in the Town of Prosper, Collin County, Texas, and being more
particularly described in Exhibit “A,” attached hereto and incorporated herein for all purposes: and
WHEREAS, the Town Council has investigated into 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, and public hearings have been held on the proposed rezoning and all other
requirements of notice and completion of such zoning procedures have been fulfilled; and
WHEREAS, the Town Council has further investigated into and determined that it will be
advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1
Findings Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2
Specific Use Permit Granted. The Town’s Zoning Ordinance is amended as follows:
Applicant is granted a Specific Use Permit (SUP) for Private Streets, located on a tract of land
consisting of 16.41 acres of land, more or less, in the James Stone Survey, Abstract Number 847,
in the Town of Prosper, Collin County, Texas, and being more particularly described in Exhibit
“A,” attached hereto and incorporated herein for all purposes as if set forth verbatim.
Page 62
Item 9.
Ordinance No. 2022-__, Page 2
The development plans and uses for the Property in this Specific Use Permit shall conform
to, and comply with the conceptual development plans, attached hereto as Exhibit “B”, 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, 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 63
Item 9.
Ordinance No. 2022-__, Page 3
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance 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
publication as required by law.
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF SEPTEMBER 2022.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 64
Item 9.
TRACT 1
CALLED 16.406 ACRES
EUNOMIA PROSPER, LLC
DOC. NO. 20200717001114560
O.P.R.C.C.T.
218 PROSPER, L.P.
DOC. NO. 20070208000184370
O.P.R.C.C.T.
16.41 ACRES
714,621 SQ. FT.
E. FIRST STREET
RIGHT-OF-WAY VARIES
COIT ROADRIGHT-OF-WAY VARIESOHUOHUOHU/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////OHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUTBM X-CUT
N:7135432.1
E:2498212.5
ELEV:747.1'
TBM X-CUT
N:7135941.7
E:2498285.9
ELEV:744.5'
JAMES ST
O
N
E
S
U
R
V
E
Y
ABSTRACT
N
O
.
8
4
7
SDMH-RIM=743.8'
FL-BASIN=739.4'
12"RCP(W)
FL-24"RCP=728.8'
FL-24"CMP=729.9'
FL-24"CMP=729.3'FL-24"CMP=722.0'
FL-24"CMP=721.9'
ZONING: SF-15 W/ SUP FOR
GATED COMMUNITY
S89°24'20"W 919.24'S0°35'40"E781.87'N89°24'19"E 612.51'
N85°35'29"E 150.33'
N89°24'19"E 125.00'
N44°17'12"E
35.28'N0°49'55"W175.00'N2°58'55"E150.33'N0°50'25"W421.84'DATENo.REVISIONBYDATE:
SHEET
File No. 2022-064
06/20/2022
CHECKED:
ASD
DRAWN:ASD
DESIGN:VENKAT PROSPER1ST STREET & COIT ROADPROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY:DREW DONOSKYPLOT DATE:7/29/2022 11:34 AMLOCATION:Z:\PROJECTS\PROJECTS\2022-064 VENKAT PROSPER FIRST-COIT\CADD\SHEETS\EXHIBIT A.DWGLAST SAVED:7/18/2022 4:40 PMTEXAS REGISTRATION #14199
MAM
PRELIMINARY
CLAYMOORE ENGINEERING
EXHIBIT AA
COUNTY SURVEY:ABSTRACT NO.
COLLIN
CITY:STATE:
PROSPER TEXAS
LEGAL DESCRIPTION:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
SURVEYOR:
EAGLE SURVEYING, LLC
210 SOUTH ELM STREET, SUITE #104
DENTON, TX 76201
PH: 940.222.3009
CONTACT NAME: MATT MOORE
CONTACT NAME: MATTHEW RAABE
BEING A 16.41 ACRE TRACT OF LAND OUT OF THE JAMES STONE SURVEY,
ABSTRACT NUMBER 847, SITUATED IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, BEING ALL OF A CALLED TRACT 1 - 16.406 ACRE TRACT OF LAND CONVEYED
TO EUNOMIA PROSPER, LLC BY DEED OF RECORD IN DOCUMENT NUMBER
20200717001114560 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS.
VENKAT PROSPER
EXHIBIT A
JAMES STONE SURVEY 847
VICINITY MAP
N.T.S.
SITE
DEVELOPER:
PROSPER SE FIRST & COIT LLC
2904 LOFTSMOOR LANE
PLANO, TX 75025-4190
EMAIL: MKILARU@HOTMAIL.COM CONTACT NAME: MOHAN KILARU
LEGAL DESCRIPTION
BEING A 16.41 ACRE TRACT OF LAND OUT OF THE JAMES STONE SURVEY, ABSTRACT NUMBER 847, SITUATED IN
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, BEING ALL OF A CALLED TRACT 1 - 16.406 ACRE TRACT OF
LAND CONVEYED TO EUNOMIA PROSPER, LLC BY DEED OF RECORD IN DOCUMENT NUMBER 20200717001114560
OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, AT A 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “CORWIN ENG” FOUND IN THE EAST
RIGHT-OF-WAY LINE OF COIT ROAD (RIGHT-OF-WAY VARIES), BEING THE NORTHWEST CORNER OF LOT 1, BLOCK
A, LAKEWOOD PRESERVE, A SUBDIVISION OF RECORD IN DOCUMENT NUMBER 2017-482 OF SAID OFFICIAL PUBLIC
RECORDS, ALSO BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF A CALLED 0.7038 ACRE TRACT OF LAND
CONVEYED TO TOWN OF PROSPER, TEXAS, BY DEED OF RECORD IN DOCUMENT NUMBER 20111117001247370 OF
SAID OFFICIAL PUBLIC RECORDS, ALSO BEING THE SOUTHWEST CORNER OF SAID 16.406 ACRE TRACT AND
HEREOF;
THENCE, ALONG THE EAST RIGHT-OF-WAY LINE OF COIT ROAD, BEING THE COMMON EAST LINE OF SAID 0.7038
ACRE TRACT, AND BEING THE COMMON WEST LINE OF SAID 16.406 ACRE TRACT, THE FOLLOWING THREE (3)
COURSES AND DISTANCES:
1.N00°50'25"W, A DISTANCE OF 421.84 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET;
2.N02°58'55"E, A DISTANCE OF 150.33 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET;
3.N00°49'55"W, A DISTANCE OF 175.00 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET AT THE SOUTH END OF A CUTBACK LINE AT THE INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF COIT ROAD AND THE SOUTH RIGHT-OF-WAY LINE OF E. FIRST STREET (RIGHT-OF-WAY
VARIES), BEING THE MOST WESTERLY NORTHWEST CORNER OF SAID 16.406 ACRE TRACT AND HEREOF;
THENCE, N44°17'12"E, LEAVING THE EAST RIGHT-OF-WAY LINE OF COIT ROAD, ALONG SAID CUTBACK LINE, BEING
THE COMMON SOUTHEAST LINE OF SAID 0.7038 ACRE TRACT, AND BEING THE COMMON NORTHWEST LINE OF
SAID 16.406 ACRE TRACT, A DISTANCE OF 35.28 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP
STAMPED “EAGLE SURVEYING” SET IN THE SOUTH RIGHT-OF-WAY LINE OF E. FIRST STREET, BEING THE MOST
NORTHERLY NORTHWEST CORNER OF SAID 16.406 ACRE TRACT AND HEREOF;
THENCE, ALONG THE SOUTH RIGHT-OF-WAY LINE OF E. FIRST STREET, BEING THE COMMON SOUTH LINE OF SAID
0.7038 ACRE TRACT, AND BEING THE COMMON NORTH LINE OF SAID 16.406 ACRE TRACT, THE FOLLOWING THREE
(3) COURSES AND DISTANCES:
1.N89°24'19"E, A DISTANCE OF 125.00 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET;
2.N85°35'29"E, A DISTANCE OF 150.33 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET;
3.N89°24'19"E, A DISTANCE OF 612.51 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET IN THE WEST LINE OF A TRACT OF LAND CONVEYED TO 218 PROSPER, L.P. BY DEED OF
RECORD IN DOCUMENT NUMBER 20070208000184370 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE
SOUTHEAST CORNER OF SAID 0.7038 ACRE TRACT, ALSO BEING THE NORTHEAST CORNER OF SAID 16.406 ACRE
TRACT AND HEREOF, FROM WHICH A 5/8” INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “TMP” FOUND
BEARS N00°35'40"W, A DISTANCE OF 1.96 FEET;
THENCE, S00°35'40"E, LEAVING THE SOUTH RIGHT-OF-WAY LINE OF E. FIRST STREET, ALONG THE WEST LINE OF
SAID 218 PROSPER, L.P. TRACT, BEING THE COMMON EAST LINE OF SAID 16.406 ACRE TRACT, A DISTANCE OF
781.87 FEET TO A 5/8 INCH IRON ROD FOUND IN THE NORTH LINE OF SAID LOT 1, BEING THE MOST WESTERLY
SOUTHWEST CORNER OF SAID 218 PROSPER, L.P. TRACT, ALSO BEING THE SOUTHEAST CORNER OF SAID 16.406
ACRE TRACT AND HEREOF, FROM WHICH A 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “CORWIN
ENG” FOUND AT THE NORTHEAST CORNER OF SAID LOT 1, BEING AN INTERIOR ELL CORNER OF SAID 218
PROSPER, L.P. BEARS N89°24'20"E, A DISTANCE OF 50.08 FEET;
THENCE, S89°24'20"W, ALONG THE NORTH LINE OF SAID LOT 1, BEING THE COMMON SOUTH LINE OF SAID 16.406
ACRE TRACT, A DISTANCE OF 919.24 FEET TO THE POINT OF BEGINNING, AND CONTAINING AN AREA OF 16.41
ACRES (714,621 SQUARE FEET) OF LAND, MORE OR LESS.
0
GRAPHIC SCALE
1 inch = ft.
50 50 100
50
25
1ST ST.COIT RD.CASE #: S22-0008
Page 65
Item 9.
218 PROSPER, L.P.
DOC. NO. 20070208000184370
O.P.R.C.C.T.
E. FIRST STREET
RIGHT-OF-WAY VARIES
COIT ROADRIGHT-OF-WAY VARIESOHUOHUOHU/////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////OHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUTBM X-CUT
N:7135432.1
E:2498212.5
ELEV:747.1'
TBM X-CUT
N:7135941.7
E:2498285.9
ELEV:744.5'
SDMH-RIM=743.8'
FL-BASIN=739.4'
12"RCP(W)
FL-24"RCP=728.8'
FL-24"CMP=729.9'
FL-24"CMP=729.3'FL-24"CMP=722.0'
FL-24"CMP=721.9'715716717718719720721722723724725726727728730733734735736737739740741742738731732729741741742743744745744740746745744745744737739741743738740742734733735736732728730731729726727724
725 723 722720721
713
714
715
716
717
718
719
712711710
710709743744731732733734735736737738739740741742729730728
7
2
7
7
2
6725
734
73
3
734
735
7
3
0
731
732 7267277287297307257267257207217227237247
1
7
7187197
1
6
7
1
7
7
1
5714 71
3
712
7
1
1
7
1
0
719720721722723
724X X
XXXXXAUTOMATIC GATE
W/ KNOX BOX
EXIT ONLY AUTOMATIC
GATE W/ KNOX BOX
PROP. DECEL LANE 100' ROW50' ROW
50' ROW
50' ROW
50' ROW50' ROW50' ROW31' B/B31' B/B31' B/B31' B/B31' B/B
31' B/B
31' B/B
31' B/B R30'R30'R60'R50'
R2
5
'R25'R2
5
'
R25'
R
2
5
'
R2
5
'R25'R25'R
2
5
'R25'R25'
25' LANDSCAPE BUFFER
25' LANDSCAPE BUFFER
25' LANDSCAPE BUFFER
25' LANDSCAPE BUFFER
R20'
R
1
5
'R20'R
1
5
'25'25'18'
S89°24'20"W 919.24'S0°35'40"E781.87'N89°24'19"E 612.51'
N85°35'29"E 150.33'
N89°24'19"E 125.00'N0°49'55"W175.00'N2°58'55"E150.33'N3°44'01"E150.48'N0°50'25"W72.63'KEYPAD
15' SETBACK
15' SETBACK DATENo.REVISIONBYDATE:
SHEET
File No. 2022-064
06/20/2022
CHECKED:
ASD
DRAWN:ASD
DESIGN:VENKAT PROSPER1ST STREET & COIT ROADPROSPER, TEXAS1903 CENTRAL DRIVE, SUITE #406PHONE: 817.281.0572BEDFORD, TX 76021 WWW.CLAYMOOREENG.COMPLOTTED BY:DREW DONOSKYPLOT DATE:7/29/2022 11:34 AMLOCATION:Z:\PROJECTS\PROJECTS\2022-064 VENKAT PROSPER FIRST-COIT\CADD\SHEETS\EXHIBIT D.DWGLAST SAVED:7/18/2022 4:40 PMTEXAS REGISTRATION #14199
MAM
PRELIMINARY
CLAYMOORE ENGINEERING
EXHIBIT BB
NOTES:
1.ALL DIMENSIONS ARE TO FACE OF CURB
UNLESS OTHERWISE NOTED.
2.REFER TO ARCHITECTURAL PLANS FOR
BUILDING DIMENSIONS AND EXACT DOOR
LOCATIONS.
COUNTY SURVEY:ABSTRACT NO.
COLLIN
CITY:STATE:
PROSPER TEXAS
LEGAL DESCRIPTION:
APPLICANT:
CLAYMOORE ENGINEERING, INC.
1903 CENTRAL DRIVE, SUITE #406
BEDFORD, TX 76021
PH: 817.281.0572
SURVEYOR:
EAGLE SURVEYING, LLC
210 SOUTH ELM STREET, SUITE #104
DENTON, TX 76201
PH: 940.222.3009
CONTACT NAME: MATT MOORE
CONTACT NAME: MATTHEW RAABE
BEING A 16.41 ACRE TRACT OF LAND OUT OF THE JAMES STONE SURVEY,
ABSTRACT NUMBER 847, SITUATED IN THE TOWN OF PROSPER, COLLIN COUNTY,
TEXAS, BEING ALL OF A CALLED TRACT 1 - 16.406 ACRE TRACT OF LAND CONVEYED
TO EUNOMIA PROSPER, LLC BY DEED OF RECORD IN DOCUMENT NUMBER
20200717001114560 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS.
VENKAT PROSPER
EXHIBIT B
CASE #: S22-0008
JAMES STONE SURVEY 847
VICINITY MAP
N.T.S.
SITE
DEVELOPER:
PROSPER SE FIRST & COIT LLC
2904 LOFTSMOOR LANE
PLANO, TX 75025-4190
EMAIL: MKILARU@HOTMAIL.COM CONTACT NAME: MOHAN KILARU
LEGAL DESCRIPTION
BEING A 16.41 ACRE TRACT OF LAND OUT OF THE JAMES STONE SURVEY, ABSTRACT NUMBER 847, SITUATED IN
THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS, BEING ALL OF A CALLED TRACT 1 - 16.406 ACRE TRACT OF
LAND CONVEYED TO EUNOMIA PROSPER, LLC BY DEED OF RECORD IN DOCUMENT NUMBER 20200717001114560
OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED
BY METES AND BOUNDS AS FOLLOWS:
BEGINNING, AT A 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “CORWIN ENG” FOUND IN THE EAST
RIGHT-OF-WAY LINE OF COIT ROAD (RIGHT-OF-WAY VARIES), BEING THE NORTHWEST CORNER OF LOT 1, BLOCK
A, LAKEWOOD PRESERVE, A SUBDIVISION OF RECORD IN DOCUMENT NUMBER 2017-482 OF SAID OFFICIAL PUBLIC
RECORDS, ALSO BEING THE MOST SOUTHERLY SOUTHEAST CORNER OF A CALLED 0.7038 ACRE TRACT OF LAND
CONVEYED TO TOWN OF PROSPER, TEXAS, BY DEED OF RECORD IN DOCUMENT NUMBER 20111117001247370 OF
SAID OFFICIAL PUBLIC RECORDS, ALSO BEING THE SOUTHWEST CORNER OF SAID 16.406 ACRE TRACT AND
HEREOF;
THENCE, ALONG THE EAST RIGHT-OF-WAY LINE OF COIT ROAD, BEING THE COMMON EAST LINE OF SAID 0.7038
ACRE TRACT, AND BEING THE COMMON WEST LINE OF SAID 16.406 ACRE TRACT, THE FOLLOWING THREE (3)
COURSES AND DISTANCES:
1.N00°50'25"W, A DISTANCE OF 421.84 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET;
2.N02°58'55"E, A DISTANCE OF 150.33 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET;
3.N00°49'55"W, A DISTANCE OF 175.00 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET AT THE SOUTH END OF A CUTBACK LINE AT THE INTERSECTION OF THE WEST
RIGHT-OF-WAY LINE OF COIT ROAD AND THE SOUTH RIGHT-OF-WAY LINE OF E. FIRST STREET (RIGHT-OF-WAY
VARIES), BEING THE MOST WESTERLY NORTHWEST CORNER OF SAID 16.406 ACRE TRACT AND HEREOF;
THENCE, N44°17'12"E, LEAVING THE EAST RIGHT-OF-WAY LINE OF COIT ROAD, ALONG SAID CUTBACK LINE, BEING
THE COMMON SOUTHEAST LINE OF SAID 0.7038 ACRE TRACT, AND BEING THE COMMON NORTHWEST LINE OF
SAID 16.406 ACRE TRACT, A DISTANCE OF 35.28 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP
STAMPED “EAGLE SURVEYING” SET IN THE SOUTH RIGHT-OF-WAY LINE OF E. FIRST STREET, BEING THE MOST
NORTHERLY NORTHWEST CORNER OF SAID 16.406 ACRE TRACT AND HEREOF;
THENCE, ALONG THE SOUTH RIGHT-OF-WAY LINE OF E. FIRST STREET, BEING THE COMMON SOUTH LINE OF SAID
0.7038 ACRE TRACT, AND BEING THE COMMON NORTH LINE OF SAID 16.406 ACRE TRACT, THE FOLLOWING THREE
(3) COURSES AND DISTANCES:
1.N89°24'19"E, A DISTANCE OF 125.00 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET;
2.N85°35'29"E, A DISTANCE OF 150.33 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET;
3.N89°24'19"E, A DISTANCE OF 612.51 FEET TO A 1/2 INCH IRON ROD WITH GREEN PLASTIC CAP STAMPED
“EAGLE SURVEYING” SET IN THE WEST LINE OF A TRACT OF LAND CONVEYED TO 218 PROSPER, L.P. BY DEED OF
RECORD IN DOCUMENT NUMBER 20070208000184370 OF SAID OFFICIAL PUBLIC RECORDS, BEING THE
SOUTHEAST CORNER OF SAID 0.7038 ACRE TRACT, ALSO BEING THE NORTHEAST CORNER OF SAID 16.406 ACRE
TRACT AND HEREOF, FROM WHICH A 5/8” INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “TMP” FOUND
BEARS N00°35'40"W, A DISTANCE OF 1.96 FEET;
THENCE, S00°35'40"E, LEAVING THE SOUTH RIGHT-OF-WAY LINE OF E. FIRST STREET, ALONG THE WEST LINE OF
SAID 218 PROSPER, L.P. TRACT, BEING THE COMMON EAST LINE OF SAID 16.406 ACRE TRACT, A DISTANCE OF
781.87 FEET TO A 5/8 INCH IRON ROD FOUND IN THE NORTH LINE OF SAID LOT 1, BEING THE MOST WESTERLY
SOUTHWEST CORNER OF SAID 218 PROSPER, L.P. TRACT, ALSO BEING THE SOUTHEAST CORNER OF SAID 16.406
ACRE TRACT AND HEREOF, FROM WHICH A 1/2 INCH IRON ROD WITH YELLOW PLASTIC CAP STAMPED “CORWIN
ENG” FOUND AT THE NORTHEAST CORNER OF SAID LOT 1, BEING AN INTERIOR ELL CORNER OF SAID 218
PROSPER, L.P. BEARS N89°24'20"E, A DISTANCE OF 50.08 FEET;
THENCE, S89°24'20"W, ALONG THE NORTH LINE OF SAID LOT 1, BEING THE COMMON SOUTH LINE OF SAID 16.406
ACRE TRACT, A DISTANCE OF 919.24 FEET TO THE POINT OF BEGINNING, AND CONTAINING AN AREA OF 16.41
ACRES (714,621 SQUARE FEET) OF LAND, MORE OR LESS.
0
GRAPHIC SCALE
1 inch = ft.
50 50 100
50
25
1ST ST.COIT RD.TOWN OF PROSPER SITE PLAN GENERAL NOTES:
1.DUMPSTERS AND TRASH COMPACTORS SHALL
BE SCREENED IN ACCORDANCE WITH THE
ZONING ORDINANCE.
2.OPEN STORAGE, WHERE PERMITTED, SHALL
BE SCREENED IN ACCORDANCE WITH THE
ZONING ORDINANCE.
3.OUTDOOR LIGHTING SHALL COMPLY WITH THE
LIGHTING AND GLARE STANDARDS
CONTAINED WITHIN THE ZONING ORDINANCE
AND SUBDIVISION ORDINANCE.
4.LANDSCAPING SHALL CONFORM TO
LANDSCAPE PLANS APPROVED BY THE TOWN.
5.ALL ELEVATIONS SHALL COMPLY WITH THE
STANDARDS CONTAINED WITHIN THE ZONING
ORDINANCE.
6.BUILDINGS OF 5,000 SQUARE FEET OR
GREATER SHALL BE 100% FIRE SPRINKLED.
ALTERNATIVE FIRE PROTECTION MEASURES
MAY BE APPROVED BY THE FIRE
DEPARTMENT.
7.FIRE LANES SHALL BE DESIGNED AND
CONSTRUCTED PER TOWN STANDARDS OR AS
DIRECTED BY THE FIRE DEPARTMENT.
8.TWO POINTS OF ACCESS SHALL BE
MAINTAINED FOR THE PROPERTY AT ALL
TIMES.
9.SPEED BUMPS/HUMPS ARE NOT PERMITTED
WITHIN A FIRE LANE.
10.HANDICAPPED PARKING AREAS AND BUILDING
ACCESSIBILITY SHALL CONFORM TO THE
AMERICANS WITH DISABILITIES ACT (ADA) AND
WITH THE REQUIREMENTS OF THE CURRENT,
ADOPTED BUILDING CODE.
11.ALL SIGNAGE IS SUBJECT TO BUILDING
OFFICIAL APPROVAL.
12.ALL FENCES AND RETAINING WALLS SHALL BE
SHOWN ON THE SITE PLAN AND ARE SUBJECT
TO BUILDING OFFICIAL APPROVAL.
13.ALL EXTERIOR BUILDING MATERIALS ARE
SUBJECT TO BUILDING OFFICIAL APPROVAL
AND SHALL CONFORM TO THE APPROVED
FAÇADE PLAN.
14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET
IN WIDTH ALONG THOROUGHFARES AND
COLLECTORS AND FIVE (5’) IN WIDTH ALONG
RESIDENTIAL STREETS, AND BARRIER FREE
RAMPS AT ALL CURB CROSSINGS SHALL BE
PROVIDED PER TOWN STANDARDS.
15.APPROVAL OF THE SITE PLAN IS NOT FINAL
UNTIL ALL ENGINEERING PLANS ARE
APPROVED BY THE ENGINEERING
DEPARTMENT.
16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO
GRADING RELEASE.
17.ALL NEW ELECTRICAL LINES SHALL BE
INSTALLED AND/OR RELOCATED
UNDERGROUND.
18.ALL MECHANICAL EQUIPMENT SHALL BE
SCREENED FROM PUBLIC VIEW IN
ACCORDANCE WITH THE ZONING ORDINANCE.
19.ALL LANDSCAPE EASEMENTS MUST BE
EXCLUSIVE OF ANY OTHER TYPE OF
EASEMENT.
20.IMPACT FEES WILL BE ASSESSED IN
ACCORDANCE WITH THE LAND USE
CLASSIFICATION(S) IDENTIFIED ON THE SITE
DATA SUMMARY TABLE; HOWEVER, CHANGES
TO THE PROPOSED LAND USE AT THE TIME CO
AND/OR FINISH-OUT PERMIT MAY RESULT IN
ADDITIONAL IMPACT FEES AND/OR PARKING
REQUIREMENTS.
21.ALL DIMENSIONS ARE TO FACE OF CURB
UNLESS OTHERWISE NOTED.
22.THE APPROVAL OF A SITE PLAN SHALL BE
EFFECTIVE FOR A PERIOD OF EIGHTEEN (18)
MONTHS FROM THE DATE OF APPROVAL BY
THE PLANNING & ZONING COMMISSION, AT
THE END OF WHICH TIME THE APPLICANT
MUST HAVE SUBMITTED AND RECEIVED
APPROVAL OF ENGINEERING PLANS AND
BUILDING PERMITS. IF THE ENGINEERING
PLANS AND BUILDING PERMITS ARE NOT
APPROVED, THE SITE PLAN APPROVAL,
TOGETHER WITH ANY PRELIMINARY SITE PLAN
FOR THE PROPERTY, IS NULL AND VOID.100'110'Page 66
Item 9.
Page 1 of 1
To:
Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Zoning Winikates North
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon an ordinance request to rezone 5.6± acres from PD-21 and Single Family-
15 (SF-15) to a new Planned Development-Office/Retail (PD-O/R) for office and retail uses,
located on the west side of Preston Road north of Broadway Street. (Z22-0014).
Description of Agenda Item:
On September 13, 2022, the Town Council approved the proposed request, by a vote of 7-0.
A Planned Development 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.
Attachments:
1. Ordinance
2. Ordinance Exhibits
Town Staff Recommendation:
Town staff recommends approval of an ordinance to rezone 5.6± acres from PD-21 and Single
Family-15 (SF-15) to a new Planned Development-Office/Retail (PD-O/R) for office and retail uses,
located on the west side of Preston Road north of Broadway Street. (Z22-0014).
Proposed Motion:
I move to approve an ordinance to rezone 5.6± acres from PD-21 and Single Family-15 (SF-15)
to a new Planned Development-Office/Retail (PD-O/R) for office and retail uses, located on the
west side of Preston Road north of Broadway Street. (Z22-0014).
Prosper is a place where everyone matters.
PLANNING
Page 67
Item 10.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 5.6 ACRES MORE OR LESS, SITUATED IN COLLIN
COUNTY SCHOOL SURVEY ABSTRACT NO. 147, TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, FROM PLANNED DEVELOPMENT-21 (PD21) &
SINGLE FAMILY-15 (SF15) TO PLANNED DEVELOPMENT-118 (PD118);
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 Z22-
0014) from Jack Patel (“Applicant”), to rezone 5.6 acres of land, more or less, situated in Collin
County School Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, from Planned
Development-21 (PD21) & Single Family-15 (SF15) To Planned Development-118 (PD118) 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, as
amended, is hereby amended as follows: The zoning designation of the below described property
containing 5.6 acres of land, more or less, situated in Collin County School Survey, Abstract No.
147, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways contiguous
and/or adjacent thereto are hereby zoned as Planned Development-118 (PD118) and being more
Page 68
Item 10.
Ordinance No. 2022-___, Page 2
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 Concept Plan, attached hereto as Exhibit D; (4) the Development Schedule, attached hereto
as Exhibit E; and (5) the Façade Plans, attached hereto as Exhibit F; and (6) the Landscape
Plans, attached here to as Exhibit G, all of 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, 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
Page 69
Item 10.
Ordinance No. 2022-___, Page 3
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, as amended, 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 27TH DAY OF SEPTEMBER, 2022.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 70
Item 10.
Doc. No. 20160725000952110 DRCCT
Inst. No. 20220215000255720 OPRCCT
Cab. 2006, Pg. 714 PRCCTDoc. No. 20160805001021130DRCCTCab. J, Pg. 774 PRCCT
Cab. Q, Pg. 216 PRCCT
prescriptive R.O.W.Doc. No.
20211105002279530
OPRCCT
Inst. No. 20210811001616800 OPRCCT
variable width R.O.W.
6.811 Ac. / 296,690 S.F. (Gross)
POINT OF
BEGINNING
5.449 Ac. / 237,375 S.F. (Net)
1.209 Ac.
(52,650 S.F.)
Existing R.O.W.
0.153 Ac.
(6,665 S.F.)
R.O.W. Dedication
variable width R.O.W.
H
TRO
N
SURVEYOR'S CERTIFICATE
NOTES:
H
TRO
N
EXHIBIT A
WINIKATES NORTH
IN THE TOWN OF PROSPER, TEXAS, COLLIN COUNTY, TEXAS
COLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT NO. 147
244,009 Sq. Ft./5.602 Acres (Gross)
237,383 Sq. Ft./5.450 Acres (Net)
LOCATION MAP
1" = 1000'
PROJECT
LOCATION
Page 71
Item 10.
July 5th, 2022
Mr. David Soto
Town of Prosper – Development Services
250 W. First Street
Prosper, Texas 75078
RE: Winikates North PD Amendment
Statement of Intent and Purpose
Dear Mr. Soto:
Enclosed herewith, please find our application for a Planned Development revision associated
with the proposed development at the northeast corner of Preston/Craig. The purpose of this
submittal is to revise the existing PD to establish an underlying office district along the Craig
Road Frontage into the existing PD district. The proposed plan calls for office and medical
office developments on the western portion of the site in the existing single family zoning area,
with retail occurring in the easternmost building, in accordance with the comprehensive plan and
the existing Planned Development.
The developers of this site are committed to providing the community with an office/retail
development that will be a credit to the Town of Prosper, and compliment the adjacent
residences and we appreciate your consideration in this request.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Exhibit B
Page 72
Item 10.
Case Z22-0014
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
The proposed development will conform to the development standards of the Office District of
the Town of Prosper’s Zoning Ordinance, as it exists or may be amended, and Subdivision
Ordinance, as it exists or may be amended, except as otherwise set forth in these Development
Standards.
1. Except as noted below, the Tract shall develop in accordance with the Office District
requirements of the Town of Prosper’s Zoning Ordinance, 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 Exhibits D.
b) Elevations: The tracts shall be developed in general accordance with the attached
elevations, set forth in Exhibits F.
c) Landscape Plan: The tract shall be developed in general accordance with the attached
landscape plan, set forth in Exhibit G.
3. Uses shall be permitted in accordance with the Office District exception as follows:
a) Retail shall be restricted to the easternmost building per exhibit D.
4. Screening:
a) Existing living screen to remain in lieu of Screening Wall on the northern boundary as
indicated on the Exhibit G. Living screening shall be well kept and maintained.
Page 73
Item 10.
Doc. No. 20160725000952110 DRCCT
Inst. No. 20220215000255720 OPRCCT
Cab. 2006, Pg. 714 PRCCTDoc. No. 20160805001021130DRCCTCab. J, Pg. 774 PRCCT
Cab. Q, Pg. 216 PRCCT
prescriptive R.O.W.Doc. No.
20211105002279530
OPRCCT
Inst. No. 20210811001616800 OPRCCT
variable width R.O.W.
EXHIBIT D
WINIKATES NORTH
IN THE TOWN OF PROSPER, COLLIN COUNTY, TEXAS
COLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT NO. 147
244,009 Sq. Ft./5.602 Acres (Gross)
237,317 Sq. Ft./4.448 Acres (Net)
S
N
W E
Z22-0014
Page 74
Item 10.
Exhibit E - Conceptual Development Schedule
A conceptual development schedule for the Winikates North Tract is as follows:
• September 2022 – Obtain Zoning Approval
• October 2022 – Begin Infrastructure Design and Submission
• December 2022 – Begin Infrastructure Construction
• February 2023 – Begin Building Construction
• April 2023 – Completion of infrastructure construction
Page 75
Item 10.
Exhibit FPage 76Item 10.
Vol. 5652, Pg. 4183 DRCCTCab. J, Pg. 774 PRCCTCab. Q, Pg. 216 PRCCTEXHIBIT G / PRELIMINARY LANDSCAPE PLANWINIKATES NORTHIN THE TOWN OF PROSPER, TEXAS, COLLIN COUNTY, TEXASCOLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT NO. 147244,009 Sq. Ft./5.602 Acres (Gross)237,317 Sq. Ft./4.448 Acres (Net)LOCATION MAP1" = 1000'PROJECTLOCATIONSCALE: 1" = 40'-0"LANDSCAPE PLAN011708 N. Griffin StreetDallas, Texas 75202Tel 214.871.0083Fax 214.871.0545Email smr@smr-la.comsmr STATEOFTEX
A
S1176 ND.ADABRI
A
SM08.04.2022STREET REQUIREMENTS Requirements: (1) tree, 3" cal., per 30 l.f. of frontage (15) shrubs, 5 gal., per 30 l.f. of frontage or 3' ht. berm EAST BROADWAY STREET: (921.42 l.f.) Requried (31) trees, 3" cal. (465) shrubs CRAIG ROAD: (274.30 l.f. ) Requried (9) trees, 3" cal. (135) shrubsPARKING LOT (163 spaces) Requirements: (1) tree, 3" cal., per every island and 15 s.f of landscape per each parking spacetree within 150' of any spaceHEADLIGHT SCREEN PROVIDED Required 2,445 s.f.PERIMETER LANDSCAPE: Residential Adjacency Requirements: 15' width; (1) tree, 3" cal. per 30 l.f. North Property Line: (885.67 l.f.) Requried (30) trees, 3" cal. Requirements: 5' width; (1) small tree / (1) shrub per 15 l.f. East / North and NE Property Line: (558.71 l.f.) Requried (37) trees, 3" cal. (37) shrubsBUILDING LANDSCAPE Gross Floor Area: 29,9727 s.f Required N/ALANDSCAPE TABULATIONSProvided(32) trees, 6" cal.(522) shrubsProvided(9) trees, 6" cal.(144) shrubsProvided2,445 s.f.Provided(30) trees, 3" cal.Provided(37) trees, 3" cal.(37) shrubsProvidedN/AL.1SOLID SOD NOTESLANDSCAPE NOTES1.Fine grade areas to achieve final contours indicated. Leave areas toreceive topsoil 3" below final desired grade in planting areas and 1"below final grade in turf areas.2.Adjust contours to achieve positive drainage away from buildings.Provide uniform rounding at top and bottom of slopes and otherbreaks in grade. Correct irregularities and areas where water maystand.3.All lawn areas to receive solid sod shall be left in a maximum of 1"below final finish grade. Contractor to coordinate operations withon-site Construction Manager.4.Contractor to coordinate with on-site Construction Manager foravailability of existing topsoil.5.Plant sod by hand to cover indicated area completely. Insure edgesof sod are touching. Top dress joints by hand with topsoil to fill voids.6.Roll grass areas to achieve a smooth, even surface, free fromunnatural undulations.7.Water sod thoroughly as sod operation progresses.8.Contractor shall maintain all lawn areas until final acceptance. Thisshall include, but not limited to: mowing, watering, weeding,cultivating, cleaning and replacing dead or bare areas to keep plantsin a vigorous, healthy condition.9.Contractor shall guarantee establishment of an acceptable turf areaand shall provide replacement from local supply if necessary.10.If installation occurs between September 1 and March 1, all sod areasto be over-seeded with Winter Ryegrass, at a rate of (4) pounds perone thousand (1000) square feet.1.Contractor shall verify all existing and proposed site elements andnotify Architect of any discrepancies. Survey data of existingconditions was supplied by others.2.Contractor shall locate all existing underground utilities and notifyArchitect of any conflicts. Contractor shall exercise caution whenworking in the vicinity of underground utilities.3.Contractor is responsible for obtaining all required landscape andirrigation permits.4.Contractor to provide a minimum 2% slope away from all structures.5.All planting beds and lawn areas to be separated by steel edging.No steel to be installed adjacent to sidewalks or curbs.6.All landscape areas to be 100% irrigated with an undergroundautomatic irrigation system and shall include rain and freezesensors.7.All lawn areas to be Solid Sod Bermudagrass, unless otherwisenoted on the drawings.GRAPHIC PLANT LEGENDLIVE OAKLAWN, BERMUDAGRASS, SOLID SODCEDAR ELMBALD CYPRESSRED OAKTOWN OF PROSPER PARKS INSPECTIONS1.Tree height, width and caliper at delivery.2.Shrub height, width and container size at delivery.3.Any undersized plant not fully rooted may be denied by PARKS atinspection.4.Inspection of tree pit side walls and depth.5.Inspect at least one (1) percolation tested pit.1) Plant material shall be measured and sized according to the latest editionof the Texas Nursery & Landscape Association (TNLA) Specifications, Grades and Standards.2) All plant substitutions are subject to Town approval and must bespecified on the approved landscape plan.3) All turf areas to be established prior to the Certificate of Occupancy,unless otherwise approved by the Town.4) Ground covers used in lieu of turf grass must provide completecoverage within one (1) year of planting andmaintain adequate coverage as approved by the Town.5) Trees must be planted four (4) feet or greater from curbs, sidewalks,utility lines, screening walls, and/or other healthy root growth.6) Tree pits shall have roughened sides and be two to three times widerthan the root ball of the tree in order to facilitate healthy root growth.7) Tree pits shall be tested for water percolation. If water does not drainout of tree pit within a 24-hour period, the contractor shall provideberming, or devise alternative drainage.8) 7UHHVVKDOOQRWEHSODQWHGGHHSHUWKDQWKHEDVHRIWKH³WUXQNIODUH´9) The tree pit shall be backfilled with native topsoil free of rock and otherdebris.10) Burlap, twine, and wire baskets shall be loosened and pulled backfrom the trunk of tree as much as possible.11) Trees shall not be watered to excess that results in soil saturation. If soil becomes saturated, the watering schedule shall be adjustedto allow for drainage and absorption of the excess water.12) A 3" layer of mulch shall be provided around the base of the planted tree.7KHPXOFKVKDOOEHSXOOHGEDFN´IURPWKHWUXQNRIWKHWUHH13) No person(s) or entity may use improper or malicious maintenance orpruning techniques which would likely lead to the death of the tree.Improper or malicious techniques include, but are not limited to,topping or other unsymmetrical trimming of trees, trimming treeswith a backhoe, or use of fire or poison to cause the death of a tree.14) Topsoil shall be a minimum of eight (8) inches in depth in planting areas.Soil shall be free of stones, roots, and clods and any other foreignmaterial that is not beneficial for plant growth.15) All plant beds shall be top-dressed with a minimum of three (3) inches ofmulch.16) Trees overhanging walks and parking shall have a minimum clear trunk height of seven (7) feet. Trees overhanging public street pavementdrive aisles and fire lanes shall have a minimum clear trunk heightof fourteen (14) feet.17) A visibility triangle must be provided at all intersections, where shrubs arenot to exceed thirty (30) inches in height, and trees shall have aminimum clear trunk height of nine (9) feet.18) Trees planted on a slope shall have the tree well at the average grade ofslope.19) No shrubs shall be permitted within areas less than three (3) feet in width.All beds less than three (3) feet in width shall be grass, groundcover,or some type of fixed paving.20) The owner, tenant, and/or their agents, if any, shall be jointly and severallyresponsible for the maintenance, establishment, and permanence ofplant material. All landscaping shall be maintained in a neat andorderly manner at all times. This shall include, but not limited to,mowing, edging, pruning, fertilizing, watering, andother activities necessary for the maintenance of landscaped areas.21) All plant material shall be maintained in a healthy and growing condition asis appropriate for the season of the year. Plant material that is damaged, destroyed, or removed shall be replaced with plant material of similar size and variety within thirty (30) days unlessotherwise approved in writing by the Town of Prosper.22) Landscape and open areas shall be kept free of trash, litter, and weeds.23) An automatic irrigation system shall be provided to irrigate all landscapeareas. Overspray on streets and walks is prohibited. A permit fromthe building inspection department is required for each irrigationsystem.24) No plant material shall be allowed to encroach on right-of-way, sidewalks, oreasements to the extent that the vision or route of travel for vehicular, pedestrian, or bicycle traffic is impeded.25) No planting areas shall exceed 3:1 slope (3 ft horizontal to 1 ft vertical).26) Earthen berms shall not include construction debris. Contractor must correct slippage or damage to thesmooth finish grad of the berm prior to acceptance.27) All walkways shall beet ADA and TAS requirements.28) Contact Town of Prosper Parks and Recreation Division at (972) 400-0023Attention: Michael Zachary for landscape inspection. Note that landscape installation must comply with approved landscape plansprior to final acceptance by the Town and/or obtaining a Certificateof Occupancy.29) Final inspection and approval of screening walls, irrigation, and landscape issubject to all public utilities, including but not limited to manholes,valves, water meters, cleanouts, and other appurtenances, to beDFFHVVLEOHDGMXVWHGWRJUDGHDQGWRWKH7RZQRI3URVSHU¶V3XEOLFWorks Department standards.30) Prior to calling for a landscape inspection, the contractor is responsible formarking all manholes, valves, water meters, cleanouts, and otherutility appurtenances with flagging for filed verification by the Town.TOWN OF PROSPER LANDSCAPE NOTESNELLIE R. STEVEN HOLLY8' HT. at installTREE YAUPON HOLLY8' HT. at installCREPE MYRTLECHINESE PISTACHEDWARF WAX MYRTLE 'DON'S DWARF'NEEDLEPOINT HOLLYMAINTENANCE NOTES1.The Owner, tenant and their agent, if any, shall be jointly andseverally responsible for the maintenance of all landscape.2.All landscape shall be maintained in a neat and orderly manner atall times. This shall include mowing, edging, pruning, fertilizing,watering, weeding and other such activities common to landscapemaintenance.3.All landscape areas shall be kept free of trash, litter, weeds andother such material or plants not part of this plan.4.All plant material shall be maintained in a healthy and growingcondition as is appropriate for the season of the year.5.All plant material which dies shall be replaced with plant material ofequal or better value.6.Contractor shall provide separate bid proposal for one year'smaintenance to begin after final acceptance.LOCATED ALONG NORTHPROPERTY LINEEXISTING TREE TO REMAINLIVING SCREEN TO BE PROVIDEDIN LIEU OF MASONRY WALL.NOTE: EXISTING TREES AND VEGETATION ALONGNORTH PROPERTY TO REMAIN. IN THE EVENTPRESERVATION CAN NOT BE ACCOMPLISHED, GAPS INVEGETATION OCCURS OR TREES HAVE DIED, THELIVING SCREEN AS INDICATED WILL BE PLANTEDAS INDICATED.REQUIRED PERIMETER TREESWILL BE PLANTED.Exhibit GPage 77Item 10.
Page 1 of 1
To:
Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Development Agreement Winikates North
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon authorizing the Interim Town Manager to execute a Development
Agreement between Prosper Texas Capital LLC, and the Town of Prosper, Texas, related to the
Winikates North development, located on the west side of Preston Road north of Broadway Street.
Description of Agenda Item:
On September 13, 2022, the Town Council approved the proposed request, by a vote of 7-0. The
purpose of the Development Agreement is for the architectural building materials and certain
business establishments prohibited on the property.
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.
Attachments:
1. Development Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Interim Town Manager to execute a
Development Agreement between Prosper Texas Capital LLC, and the Town of Prosper, Texas,
related to the Winikates North development, located on the west side of Preston Road north of
Broadway Street.
Proposed Motion:
I move to authorize the Interim Town Manager to execute a Development Agreement between
Prosper Texas Capital LLC, and the Town of Prosper, Texas, related to the Winikates North
development, located on the west side of Preston Road north of Broadway Street.
Prosper is a place where everyone matters.
PLANNING
Page 78
Item 11.
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Item 11.
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Item 11.
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Item 11.
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Item 11.
Doc. No. 20160725000952110 DRCCT
Inst. No. 20220215000255720 OPRCCT
Cab. 2006, Pg. 714 PRCCTDoc. No. 20160805001021130DRCCTCab. J, Pg. 774 PRCCT
Cab. Q, Pg. 216 PRCCT
prescriptive R.O.W.Doc. No.
20211105002279530
OPRCCT
Inst. No. 20210811001616800 OPRCCT
variable width R.O.W.
6.811 Ac. / 296,690 S.F. (Gross)
POINT OF
BEGINNING
5.449 Ac. / 237,375 S.F. (Net)
1.209 Ac.
(52,650 S.F.)
Existing R.O.W.
0.153 Ac.
(6,665 S.F.)
R.O.W. Dedication
variable width R.O.W.
H
TRO
N
SURVEYOR'S CERTIFICATE
NOTES:
H
TRO
N
EXHIBIT A
WINIKATES NORTH
IN THE TOWN OF PROSPER, TEXAS, COLLIN COUNTY, TEXAS
COLLIN COUNTY SCHOOL LAND SURVEY ABSTRACT NO. 147
244,009 Sq. Ft./5.602 Acres (Gross)
237,383 Sq. Ft./5.450 Acres (Net)
LOCATION MAP
1" = 1000'
PROJECT
LOCATION Page 87Item 11.
Exhibit FPage 88
Item 11.
Page 1 of 2
To:
Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Zoning Premium Garages
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon an ordinance to rezone 11.3+- acres of Commercial (C) to Planned
Development-Commercial (PD-C) to allow uses such as luxury office/warehouse, automobile
storage, and recreational vehicle parking, located on the west side of Coleman Street, south of
Prosper Trail. (Z22-0008).
Description of Agenda Item:
On September 13, 2022, the Town Council approved the proposed request, by a vote of 6-0.
A Planned Development 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.
Attachments:
1. Ordinance
2. Ordinance Exhibits
Town Staff Recommendation:
Town staff recommends approval of an ordinance to rezone 11.3+- acres of Commercial (C) to
Planned Development-Commercial (PD-C) to allow uses such as luxury office/warehouse,
automobile storage, and recreational vehicle parking, located on the west side of Coleman Street,
south of Prosper Trail. (Z22-0008).
Prosper is a place where everyone matters.
PLANNING
Page 89
Item 12.
Page 2 of 2
Proposed Motion:
I move to approve an ordinance to rezone 11.3+- acres of Commercial (C) to Planned
Development-Commercial (PD-C) to allow uses such as luxury office/warehouse, automobile
storage, and recreational vehicle parking, located on the west side of Coleman Street, south of
Prosper Trail. (Z22-0008).
Page 90
Item 12.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-___
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING THE ZONING ORDINANCE BY REZONING A TRACT OF
LAND CONSISTING OF 11.29 ACRES MORE OR LESS, SITUATED IN COLLIN
COUNTY SCHOOL SURVEY ABSTRACT NO. 147, TOWN OF PROSPER,
COLLIN COUNTY, TEXAS, FROM COMMERCIAL TO PLANNED
DEVELOPMENT-117 (PD117); 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 Z22-
0008) from Michael Beaty (“Applicant”), to rezone 11.29 acres of land, more or less, situated in
Collin County School Survey, Abstract No. 147, Town of Prosper, Collin County, Texas, from
Commercial to Planned Development-117 (PD117) 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, as
amended, is hereby amended as follows: The zoning designation of the below described property
containing 11.29 acres of land, more or less, situated in Collin County School Survey No. 12,
Abstract No. 147, Town of Prosper, Collin County, Texas, and all streets, roads, and alleyways
contiguous and/or adjacent thereto are hereby zoned as Planned Development-117 (PD117) and
being more particularly described in Exhibit A, attached hereto and incorporated herein for all
purposes as if set forth verbatim.
Page 91
Item 12.
Ordinance No. 2022-___, Page 2
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 Concept Plan, attached hereto as Exhibit D; (4) the Development Schedule, attached hereto
as Exhibit E; and (5) the Façade Plans, attached hereto as Exhibit F; and (6) the Landscape
Plans, attached here to as Exhibit G, all of 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, 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 92
Item 12.
Ordinance No. 2022-___, Page 3
SECTION 7
Savings/Repealing Clause. Prosper’s Zoning Ordinance, as amended, 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 27TH DAY OF SEPTEMBER, 2022.
______________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 93
Item 12.
LEGAL DESCRIPTION
BEING an 11.29 acre tract of land out of the Collin County School Land Survey, Abstract Number 147,
situated in the Town of Prosper, Collin County, Texas, being all of a called 11.296 acre tract of land
conveyed to Coleman Street 11 Acre Partners, LLC, by deed of record in Document Number
20191007001251960 of the Official Public Records of Collin County, Texas, and being more particularly
described by metes and bounds as follows:
BEGINNING, at a PK Nail found in Coleman Street (right-of-way varies), being the Northeast corner of a
called 9.2956 acre tract of land conveyed to James E. Rowland by deed of record in Volume 3402, Page
451 of said Official Public Records, also being the Southeast corner of said 11.296 acre tract and hereof;
THENCE, S89°57'38"W, leaving Coleman Street, along the South line of said 11.296 acre tract, being in
part, the common North line of said 9.2956 acre tract, and in part, the common North line of a called 4.00
acre tract of land conveyed to Dairy Manufacturers, Inc. by deed of record in Volume 3510, Page 179 of
said Official Public Records, a distance of 1028.72 feet to a 3/8 inch iron rod found in the East right-of-way
line of the Burlington Northern Santa Fe Railroad (100-foot right-of-way), being the Northwest corner of
said 4.00 acre tract, also being the Southwest corner of said 11.296 acre tract and hereof;
THENCE, N11°24'21"E, along the East right-of-way line of said Burlington Northern Santa Fe Railroad
and the common West line of said 11.296 acre tract, a distance of 509.85 feet to a 1/2 inch iron rod found
at the Southwest corner of Lot 3, Block A of Eagles Crossing Addition, a subdivision of record in Volume
2011, Page 245 of the Plat Records of Collin County, Texas, being the Northwest corner of said 11.296
acre tract and hereof;
THENCE, N89°54'48"E, leaving the East right-of-way line of said Burlington Northern Santa Fe Railroad,
along the North line of said 11.296 acre tract, being in part, the common South line of said Lot 3, and in
part, the common South line of Lot 2 of said Block A, passing at a distance of 891.93 feet a 1/2 inch iron
rod with red plastic cap stamped “GEER 4117” found at the Southeast corner of said Lot 2, and continuing
for a total distance of 937.81 feet to a PK Nail found in Coleman Street, being the Northeast corner of said
11.296 acre tract and hereof;
THENCE, along Coleman Street and the East line of said 11.296 acre tract, the following two (2) courses
and distances:
1.S00°16'52"W, a distance of 23.04 feet to a PK Nail found;
2.S01°10'33"W, a distance of 477.56 feet to the POINT OF BEGINNING, and containing an area of
11.29 acres (491,797 square feet) of land, more or less.
JOB NUMBER DRAWN BY DATE
2110.068-02 MJR 12/02/2021
EAGLE SURVEYING, LLC
210 S. ELM STREET
SUITE: 104
DENTON, TX 76201
(940) 222-3009
TX FIRM # 10194177
I hereby certify that this survey, plan
or report was prepared by me or
under my direct supervision and that
I am a Registered Professional Land
Surveyor under the laws of the State
of Texas.
_____________________________
Matthew Raabe
R.P.L.S. # 6402 _______________
Date
6402
MATTHEW JASON RAABE
PR
O
FE S S I O N ALR E G I S T E R
E
DSTATEOFTE
X
ASLAN
D
SU R V E Y ORPage 94
Item 12.
660660659 658 657658659660661662663664665666667668668669
670671671670669669668667666665664663662
661
661
660659659658657659 658 657 657 657657658659660
663664665662661667667
668669
670 662661662668667663664665666667669669669668669 LOT 2, BLOCK AEAGLES CROSSING ADDITIONVOL. 2011, PG. 245P.R.C.C.T.LOT 3, BLOCK AEAGLES CROSSING ADDITIONVOL. 2011, PG. 245P.R.C.C.T.CALLED 4.00 ACRESDAIRY MANUFACTURERS, INC.VOL. 3510, PG. 179O.P.R.C.C.T.(REMAINDER)CALLED 9.2956 ACRESJAMES E. ROWLANDVOL. 3402, PG. 451O.P.R.C.C.T.APPROXIMATE LOCATIONOF FLOOD ZONE LIMITSZO
N
E
"
X
"
ZO
N
E
"
A
E
"ZONE "X"ZONE "AE"ZONE "X"ZONE "AE"GRAVELGRAVEL//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////N 89°54'48" E 937.81'45.88'S 01°10'33" W 477.56'S 89°57'38" W 1028.72'N 11°24'21" E 509.85'
L1
(N 12°19'44" E 510.03')(S 89°09'52" E 938.02')(S 02°05'54" W 477.67')(N 89°07'12" W 1029.01')891.93'RETAININGWALLSDMH-RIM=668.7'(SEALED)GRATE INLET-TOP=665.9'GRATE INLET-TOP=665.0'FL-12"CPP=663.3'(N)FL-24"CMP=665.9'FL-24"CMP=665.9'SSMH-RIM=667.8'FL-6"PVC=658.2' (N)FL-6"PVC=658.0' (S)SSMH-RIM=667.2'FL-6"PVC=653.2' (NE)FL-6"PVC=652.9' (N)FL-12"PVC=652.7' (E)FL-12"PVC=652.6' (W)SSMH-RIM=657.7'FL-12"PVC=651.0' (E)FL-CHANNEL=641.2'SSMH-RIM=663.5'(INUNDATED)SSMH-RIM=662.2'(INUNDATED)CALLED 11.296 ACRESCOLEMAN STREET 11 ACREPARTNERS, LLCDOC. NO. 20191007001251960O.P.R.C.C.T.11.29 ACRES491,797 SQ. FT.COLEMAN STREET
RIGHT-OF-WAY VARIES
BURLINGTON NORTHERN SANTA FE RAILROAD100' RIGHT-OF-WAY
POBCOLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147TBM X-CUTELEV.=647.3'PK NAILFOUND3/8"IRF1/2"IRF1/2" CIRF"GEER 4117"PK NAILFOUNDPK NAILFOUND15' UTILITY EASEMENTCITY OF PROSPERVOL. 3909, PG. 211O.P.R.C.C.T.20' UTILITY EASEMENTVOL. 1842, PG. 835O.P.R.C.C.T.APPROXIMATE LOCATION OF20' SOUTHWESTERN BELLTELEPHONE COMPANY EASEMENTVOL. 737, PG. 20O.P.R.C.C.T.40' WATER LINE EASEMENTVOL. 4343, PG. 2718O.P.R.C.C.T.30' STREET EASEMENTVOL. 1842, PG. 835O.P.R.C.C.T.30' STREET EASEMENTVOL. 1842, PG. 835O.P.R.C.C.T.20' DRAINAGE EASEMENTVOL. 2011, PG. 245, P.R.C.C.T.24' FIRELANE, ACCESS& UTILITY EASEMENTVOL. 2011, PG. 245,P.R.C.C.T.24' FIRELANE, ACCESS& UTILITY EASEMENTVOL. 2011, PG. 245,P.R.C.C.T.30' R.O.W.DEDICATIONEX. LAND USE: RETAILEX. ZONING: COMMERCIALEX. LAND USE: VACANTEX. ZONING: COMMERCIALEX. LAND USE: VACANTEX. ZONING: SF-15FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICESPROSPER HIGH SCHOOL & MIDDLE
SCHOOL ADDITION, BLOCK 1 LOT 1R,
AMENDED PLAT
DOC. NO. 20130722010002210
EX. LAND USE: SHOOL
EX. ZONING: SF-15
FUTURE LAND USE: MEDIUM DENSITY RESIDENTIALEX. LAND USE: DAIRY MANUFACTURERSEX. ZONING: COMMERCIALFUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES33.2'1745' TO PROSPER TRAIL1008' TO 7TH STREETNET AREA:10.76468,659 SQ. FT.GROSS AREA:EX. LAND USE: VACANTEX. ZONING: COMMERCIALPROPOSED ZONING: PLANNED DEVELOPMENTDATENo.REVISION BYDATE:SHEETFile No. 2021-2177/19/2022CHECKED:MAMDRAWN:JEVDESIGN:JEVPREMIUM GARAGES
COLEMAN STREET
TOWN OF PROSPER, TX
1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572
COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199PRELIMINARYCLAYMOORE ENGINEERINGCOUNTYSURVEY:ABSTRACT NO.COLLINCITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:APPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572SURVEYOR:EAGLE SURVEYING, LLC210 SOUTH ELM STREET, SUITE #104DENTON, TX 76201PH: 940.222.3009CONTACT NAME: MATT MOORECONTACT NAME: MATTHEW RAABE11.296 ACRE TRACT OF LAND CONVEYED TOCOLEMAN STREET 11 ACRE PARTNERS, LLCBY DEED OF RECORD DOC. # 20191007001251960OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXASPREMIUM GARAGESEXHIBIT ACASE #: Z22-0008DEVELOPER:NAME000 ADDRESSCITY , ST 0000PH: 000.000.0000CONTACT NAME: -COLLIN CO SCHOOL LANDSURVEY147THE PROPERTY IS LOCATED IN NON-SHADED ZONE "X" AND ZONE "AE" ASSCALED FROM THE F.E.M.A. FLOOD INSURANCE RATE MAP DATED JUNE 2ND,2009 AND IS LOCATED IN COMMUNITY NUMBER 480141 AS SHOWN ON MAPNUMBER 48085C0235J, AS AFFECTED BY LETTER OF MAP REVISION TO THETOWN OF PROSPER, COLLIN COUNTY, TEXAS WITH CASE NO. 17-06-1828P,EFFECTIVE JANUARY 18, 2018. THE LOCATION OF THE FLOOD ZONE ISAPPROXIMATE. FOR EXACT FLOOD ZONE DESIGNATION, PLEASE CONTACT1-(877) FEMA MAP.FLOODPLAIN NOTE0GRAPHIC SCALE1 inch = ft.50501005025VICINITY MAPN.T.S.SITEPROSPER TRAILN COLEMAN ST
E 7TH STE 6TH STE 5TH STE 8TH STN CHURCH ST
N CRAIG RD TRAIL DRTRAIL DREXHIBIT AEXH-APage 95Item 12.
CASE # Z 22-0008
Prosper Coleman Maker Space / Luxury Warehouses / Artisan Suites
EXHIBIT B
Statement of Intent and Purpose
The Intent and Purpose of the Proposed Planned Development District is to add two uses that
normally require an SUP to the approved uses under the existing Commercial Zoning and to
add restrictions to the additional proposed use further defined as Luxury Office / Warehouse
spaces to be constructed within the Proposed Planned Development District.
Page 96
Item 12.
CASE # Z 22-0008
Prosper Coleman Maker Space / Luxury Warehouses / Artisan Suites
EXHIBIT C
PLANNED DEVELOPMENT STANDARDS
The proposed development will conform to the development standards of the Commercial
District of the Town of Prosper’s Zoning Ordinance, as it exists or may be amended, and
Subdivision Ordinance, as it exists or may be amended, except as otherwise set forth in these
Development Standards.
1)Except as noted below, the Tract shall develop in accordance with the Commercial District
requirements of the Town of Prosper’s Zoning Ordinance, 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 Exhibits D.
b)Elevations: The tract shall be developed in general accordance with the attached
elevations, set forth in Exhibits F.
c)Landscape Plan: The tract shall be developed in general accordance with the attached
landscape plan, set forth in Exhibit G.
3)Uses. Uses shall be permitted in accordance with the Commercial District with the following
additions:
a)Automobile Storage
b)Recreational Vehicle / Truck Parking Lot or Garage (RV Parking)
c)Luxury Office / Warehouse to be defined as:
i)Individual Office / Warehouse Suites to be located within the interior of the
development
ii)No Suite shall exceed two stories in height, and no greater than thirty feet (30.0’
above final grade level.
Page 97
Item 12.
CASE # Z 22-0008
Prosper Coleman Maker Space / Luxury Warehouses / Artisan Suites
v) Roof-mounted mechanical equipment, if utilized, shall be screened in a manner such
that no equipment is visible from Coleman Street.
vi) Luxury Office / Warehouse suites may be utilized to conduct business in the form of
Personal Office uses by the Tenants. Storefront retail uses will not be permitted
within the Luxury Office / Warehouse Suites and is constrained to buildings Directly
facing Coleman Street and/or Buildings fronting on to the Mutual Access Easement
along the southern portion of the property.
vii) No portion of the Property may be used for residential purposes.
4)Regulations:
a)All Luxury Office / Warehouse spaces to be subject to typical Commercial Occupancy
Requirements, including no overnight stays or habitation.
b)No further subdivision of enclosed RV Parking in to smaller Storage units to be permitted
c)All Buildings to be constructed of Metal with Masonry Veneers as applicable under the
approved elevations and Concept Plan.
d)Auctions: Auctions related to the sale of private property held in Storage Units and / or
Luxury Office / Warehouse Suites for the purposes of recovering unpaid units as
authorized by law shall be permitted to be held on-site no more than two (2) times per
calendar year subject to an application to the Town of Prosper for a Temporary Use /
Special Event Permit.
e)No landscape setback required along Southern property line.
f)Automobile storage, recreational vehicle/ truck parking lot or garage (RV parking) will be
enclosed within a building.
Page 98
Item 12.
15' UTILITY EASEMENTCITY OF PROSPERVOL. 3909, PG. 211O.P.R.C.C.T.20' UTILITY EASEMENTVOL. 1842, PG. 835O.P.R.C.C.T.APPROXIMATE LOCATION OF20' SOUTHWESTERN BELLTELEPHONE COMPANY EASEMENTVOL. 737, PG. 20O.P.R.C.C.T.40' WATER LINE EASEMENTVOL. 4343, PG. 2718O.P.R.C.C.T.30' STREET EASEMENTVOL. 1842, PG. 835O.P.R.C.C.T.30' STREET EASEMENTVOL. 1842, PG. 835O.P.R.C.C.T.20' DRAINAGE EASEMENTVOL. 2011, PG. 245, P.R.C.C.T.24' FIRELANE, ACCESS& UTILITY EASEMENTVOL. 2011, PG. 245,P.R.C.C.T.24' FIRELANE, ACCESS& UTILITY EASEMENTVOL. 2011, PG. 245,P.R.C.C.T.R30'R
3
0
'
R50'R30'R30'R30'R30'EX. LAND USE: RETAILEX. ZONING: COMMERCIALEX. LAND USE: VACANTEX. ZONING: COMMERCIALEX. LAND USE: VACANTEX. ZONING: SF-15FUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICESPROSPER HIGH SCHOOL & MIDDLE
SCHOOL ADDITION, BLOCK 1 LOT 1R,
AMENDED PLAT
DOC. NO. 20130722010002210
EX. LAND USE: SHOOL
EX. ZONING: SF-15
FUTURE LAND USE: MEDIUM
DENSITY RESIDENTIALEX. LAND USE: DAIRY MANUFACTURERSEX. ZONING: COMMERCIALFUTURE LAND USE: RETAIL & NEIGHBORHOOD SERVICES1-STORYLUXURYWAREHOUSE7,200 SF1-STORYLUXURYWAREHOUSE7,200 SF1-STORYLUXURYWAREHOUSE7,200 SF1-STORYLUXURYWAREHOUSE6,000 SF1-STORYLUXURYWAREHOUSE30,000 SF1-STORYBOAT / RV SPACES30,000 SF1-STORYBOAT / RV SPACES60,000 SF1-STORYBOAT / RV SPACES10,500 SF1-STORYBOAT / RV SPACES15,000 SF1-STORYPROFESSIONALOFFICE14,625 SFWAREHOUSE14,625 SFO.S.1,200 S.F.O.S.1,200 S.F.
O.S.
1,200 S.F.
O.S.1,200 S.F.O.S.40,802 S.F.NET AREA:10.76468,659 SQ. FT.1745' TO PROSPER TRAIL1008' TO 7TH STREETO.S.570 S.F.R3
0
'R30'R30'R54'R30'R
3
0
'R30'R54'R30'R30'R30'R30'R30'R30'R30'R
3
0
'15'4'RV WASHR30'R30'R30'O.S. 115 S.F.660660659 658 657658659660661662663664665666667668668669
670671671670669669668667666665664663662
661
661
660659659658657659 658 657 657 657657658659660
663664665662661667667
668669
670 662661662668667663664665666667669669669668669 LOT 2, BLOCK AEAGLES CROSSING ADDITIONVOL. 2011, PG. 245P.R.C.C.T.LOT 3, BLOCK AEAGLES CROSSING ADDITIONVOL. 2011, PG. 245P.R.C.C.T.CALLED 4.00 ACRESDAIRY MANUFACTURERS, INC.VOL. 3510, PG. 179O.P.R.C.C.T.(REMAINDER)CALLED 9.2956 ACRESJAMES E. ROWLANDVOL. 3402, PG. 451O.P.R.C.C.T.APPROXIMATE LOCATIONOF FLOOD ZONE LIMITSZO
N
E
"
X
"
ZO
N
E
"
A
E
"ZONE "X"ZONE "AE"ZONE "X"ZONE "AE"//////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////N 89°54'48" E 937.81'45.88'S 01°10'33" W 477.56'S 89°57'38" W 1028.72'N 11°24'21" E 509.85'
L1
(N 12°19'44" E 510.03')(S 89°09'52" E 938.02')(S 02°05'54" W 477.67')(N 89°07'12" W 1029.01')891.93'RETAININGWALLSSMH-RIM=667.8'FL-6"PVC=658.2' (N)FL-6"PVC=658.0' (S)SSMH-RIM=667.2'FL-6"PVC=653.2' (NE)FL-6"PVC=652.9' (N)FL-12"PVC=652.7' (E)FL-12"PVC=652.6' (W)SSMH-RIM=657.7'FL-12"PVC=651.0' (E)FL-CHANNEL=641.2'SSMH-RIM=663.5'(INUNDATED)SSMH-RIM=662.2'(INUNDATED)CALLED 11.296 ACRESCOLEMAN STREET 11 ACREPARTNERS, LLCDOC. NO. 20191007001251960O.P.R.C.C.T.11.29 ACRES491,797 SQ. FT.COLEMAN STREET
RIGHT-OF-WAY VARIES
BURLINGTON NORTHERN SANTA FE RAILROAD100' RIGHT-OF-WAYCOLLIN COUNTY SCHOOL LAND SURVEY,ABSTRACT NO. 147TBM X-CUTELEV.=647.3'R30'R3
0
'R30'R30'144'50'24'20'9'9'9'9'
10'
10'10'9' TYP.24'FIRE LANEACCESS &UTILITY ESMT.210'50'6'24'5'46.23' R.O.W.DEDICATION25' LANDSCAPEEASEMENT600'600'5'390'30' YARDSETBACK15' YARD SETBACK5' LANDSCAPE SETBACK5' LANDSCAPE SETBACK15' YARD SETBACK24'FIRE LANEACCESS &UTILITY ESMT.24'FIRE LANEACCESS &UTILITY ESMT.50'50'50'50'50'19.25'47.42'19.77'268.96'65.36'159.76'45.01'193.21'224.45'83.42'30.5'61.81'22'TYP.8'TYP.22'TYP.8'TYP.9' TYP.45.01'2'5' LANDSCAPESETBACK75'6'±33.55'30.5'4'30'140.02'90' RIGHT OF WAYEX. TREE TOBE REMOVEDEX. POWER POLEEX. FIRE HYDRANTEX. TREE TOBE REMOVEDPROP. FHPROP.WATER ESMT.PROP. FHPROP.WATER ESMT.PROP. FHPROP.WATERESMT.PROP. FHPROP.WATERESMT.PROP. FHPROP.WATERESMT.PROP. FHPROP.WATERESMT.PROP. FHPROP.WATERESMT.PROP. FHPROP.WATERESMT.PROP. FHPROP.WATERESMT.PROP. FHPROP.WATERESMT.PROP. FHPROP.WATERESMT.DETENTIONAREAPROPOSEDB.F.R. (TYP.)PROPOSEDB.F.R.PROPOSEDB.F.R.PROPOSEDB.F.R.PROP. AUTOMATICGATE TYP.PROP. 6'OPEN-IRONFENCEPROP. 6' TALLAMERISTAR PANELSL.S.160 S.F.(TYP.)L.S.2,621 S.F.L.S.626 S.F.L.S.160 S.F.(TYP.)FLOODPLAINRELCAMATION: 0.08 ACPROP. TRASHENCLOSUREEX. TREE TOBE REMOVEDPROP.RELOCATEDFIRE HYDRANTDOM. METERIRR. METERWATER STATION& RV DUMP STATIONPROP. FHPROP.WATERESMT.PROP. 3'GATE ACCESS3' WIDE PEDESTRIANGATE REQUIRED TYP.PROP. FHPROP. WALLPROP. FHNO LANDSCAPE BUFFERPROP. AUTOMATICGATE TYP.3' WIDE PEDESTRIANGATE REQUIRED TYP.PROP. AUTOMATICGATE TYP.3' WIDE PEDESTRIANGATE REQUIRED TYP.50'100'50'100'50'50'300'24' FIRELANEACCESS &UTILITY ESMT.18'11'9'9'9'9'418.95'158' TO DRIVE30'5'11'24'8.35'24'33'10.23'24' FIRELANEACCESS &UTILITY ESMT.18'24'144'24'144'24'120'26.81'24'908' TO DRIVE50'50'5'9'9'
24'RISER ROOMRISER ROOMRISER ROOMRISER ROOMRISERROOMRISERROOMRISERROOMRISERROOMRISER ROOM5'5'5'5'PROP. FHPROP.WATERESMT.DATENo.REVISION BYDATE:SHEETFile No. 2021-2178/9/2022CHECKED:MAMDRAWN:JEVDESIGN:JEVPREMIUM GARAGES
COLEMAN STREET
TOWN OF PROSPER, TX
1105 CHEEK SPARGER RD. SUITE #1 PHONE: 817.281.0572
COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COM TEXAS REGISTRATION #14199PRELIMINARYCLAYMOORE ENGINEERINGCOUNTYSURVEY:ABSTRACT NO.COLLINCITY:STATE:PROSPERTEXASLEGAL DESCRIPTION:APPLICANT:CLAYMOORE ENGINEERING, INC.1903 CENTRAL DRIVE, SUITE #406BEDFORD, TX 76021PH: 817.281.0572SURVEYOR:EAGLE SURVEYING, LLC210 SOUTH ELM STREET, SUITE #104DENTON, TX 76201PH: 940.222.3009CONTACT NAME: MATT MOORECONTACT NAME: MATTHEW RAABE11.296 ACRE TRACT OF LAND CONVEYED TOCOLEMAN STREET 11 ACRE PARTNERS, LLCBY DEED OF RECORD DOC. # 20191007001251960OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXASPREMIUM GARAGESEXHIBIT DCASE #: Z22-0008OWNER:AMR PROSPER PREMIUM STORAGE LLC200 CRESCENT COURT, SUITE 1820DALLAS ,TX 75201PH: .CONTACT NAME: JENNA ALAMECOLLIN CO SCHOOL LANDSURVEY147THE PROPERTY IS LOCATED IN NON-SHADED ZONE "X" AND ZONE "AE" ASSCALED FROM THE F.E.M.A. FLOOD INSURANCE RATE MAP DATED JUNE 2ND,2009 AND IS LOCATED IN COMMUNITY NUMBER 480141 AS SHOWN ON MAPNUMBER 48085C0235J, AS AFFECTED BY LETTER OF MAP REVISION TO THETOWN OF PROSPER, COLLIN COUNTY, TEXAS WITH CASE NO. 17-06-1828P,EFFECTIVE JANUARY 18, 2018. THE LOCATION OF THE FLOOD ZONE ISAPPROXIMATE. FOR EXACT FLOOD ZONE DESIGNATION, PLEASE CONTACT1-(877) FEMA MAP.FLOODPLAIN NOTENOTES:1.ALL DIMENSIONS ARE TO FACE OF CURBUNLESS OTHERWISE NOTED.2.REFER TO ARCHITECTURAL PLANS FORBUILDING DIMENSIONS AND EXACT DOORLOCATIONS.0GRAPHIC SCALE1 inch = ft.50501005025VICINITY MAPN.T.S.SITELEGENDFIRE LANE PER TOWN OF PROSPERSTANDARDSCONCRETE PER TOWN OF PROSPERSTANDARDSPROPOSED CONCRETE SIDEWALK, SEEDETAIL SHEET ####PROPOSED PUBLIC SIDEWALK PER TOWNSTANDARDSPROPOSED CONCRETE CURB AND GUTTERPARKING COUNTPROPOSED FIRE LANE STRIPPINGSITE DATA SUMMARYLOTEX. ZONING / PROPOSEDZONINGPROPOSED USELOT SIZE(ACRES)NET LOTSIZE (ACRES)LOT SIZE (SQ. FT.)NET LOT SIZE (SQ. FT.)BOAT / RVSPACES BLDGAREABLDG HGT.(FT)LOT COVERAGEFLOOR AREARATIOPARKINGHANDICAP SP.TOTALIMPERVIOUS (SQ FT)LANDSCAPINGOPEN SPACEREQ.PROV.REQ.PROV.BOAT / RV SPACES REQ.RATIOREQ.PROV.REQ.PROV.REQ. (15 SF PER PARKING SPACE)PROV.REQ. (7% NET SITE AREA), SQ FTPROV.COLEMAN STREET 11 ACPARTNERS, LLCC / PLANNEDDEVELOPMENTBOAT & RV SPACES /LUXARY WAREHOUSE /PROFESSIONAL OFFICE11.2910.76491,797468,659115,5001 STORY50% MAX40.1%0.5:1MAX0.404 PER COMPLEX161766396,30681%2,29516,56832,80653,757TOWN OF PROSPER SITE PLAN GENERAL NOTES:1.DUMPSTERS AND TRASH COMPACTORS SHALL BE SCREENED IN ACCORDANCEWITH THE ZONING ORDINANCE.2.OPEN STORAGE, WHERE PERMITTED, SHALL BE SCREENED IN ACCORDANCE WITHTHE ZONING ORDINANCE.3.OUTDOOR LIGHTING SHALL COMPLY WITH THE LIGHTING AND GLARE STANDARDSCONTAINED WITHIN THE ZONING ORDINANCE AND SUBDIVISION ORDINANCE.4.LANDSCAPING SHALL CONFORM TO LANDSCAPE PLANS APPROVED BY THE TOWN.5.ALL ELEVATIONS SHALL COMPLY WITH THE STANDARDS CONTAINED WITHIN THEZONING ORDINANCE.6.BUILDINGS OF 5,000 SQUARE FEET OR GREATER SHALL BE 100% FIRE SPRINKLED.ALTERNATIVE FIRE PROTECTION MEASURES MAY BE APPROVED BY THE FIREDEPARTMENT.7.FIRE LANES SHALL BE DESIGNED AND CONSTRUCTED PER TOWN STANDARDS ORAS DIRECTED BY THE FIRE DEPARTMENT.8.TWO POINTS OF ACCESS SHALL BE MAINTAINED FOR THE PROPERTY AT ALLTIMES.9.SPEED BUMPS/HUMPS ARE NOT PERMITTED WITHIN A FIRE LANE.10.HANDICAPPED PARKING AREAS AND BUILDING ACCESSIBILITY SHALL CONFORMTO THE AMERICANS WITH DISABILITIES ACT (ADA) AND WITH THE REQUIREMENTSOF THE CURRENT, ADOPTED BUILDING CODE.11.ALL SIGNAGE IS SUBJECT TO BUILDING OFFICIAL APPROVAL.12.ALL FENCES AND RETAINING WALLS SHALL BE SHOWN ON THE SITE PLAN ANDARE SUBJECT TO BUILDING OFFICIAL APPROVAL.13.ALL EXTERIOR BUILDING MATERIALS ARE SUBJECT TO BUILDING OFFICIALAPPROVAL AND SHALL CONFORM TO THE APPROVED FAÇADE PLAN.14.SIDEWALKS OF NOT LESS THAN SIX (6’) FEET IN WIDTH ALONG THOROUGHFARESAND COLLECTORS AND FIVE (5’) IN WIDTH ALONG RESIDENTIAL STREETS, ANDBARRIER FREE RAMPS AT ALL CURB CROSSINGS SHALL BE PROVIDED PER TOWNSTANDARDS.15.APPROVAL OF THE SITE PLAN IS NOT FINAL UNTIL ALL ENGINEERING PLANS AREAPPROVED BY THE ENGINEERING DEPARTMENT.16.SITE PLAN APPROVAL IS REQUIRED PRIOR TO GRADING RELEASE.17.ALL NEW ELECTRICAL LINES SHALL BE INSTALLED AND/OR RELOCATEDUNDERGROUND.18.ALL MECHANICAL EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW INACCORDANCE WITH THE ZONING ORDINANCE.19.ALL LANDSCAPE EASEMENTS MUST BE EXCLUSIVE OF ANY OTHER TYPE OFEASEMENT.20.IMPACT FEES WILL BE ASSESSED IN ACCORDANCE WITH THE LAND USECLASSIFICATION(S) IDENTIFIED ON THE SITE DATA SUMMARY TABLE; HOWEVER,CHANGES TO THE PROPOSED LAND USE AT THE TIME CO AND/OR FINISH-OUTPERMIT MAY RESULT IN ADDITIONAL IMPACT FEES AND/OR PARKINGREQUIREMENTS.21.ALL DIMENSIONS ARE TO FACE OF CURB UNLESS OTHERWISE NOTED.22.THE APPROVAL OF A SITE PLAN SHALL BE EFFECTIVE FOR A PERIOD OF EIGHTEEN(18) MONTHS FROM THE DATE OF APPROVAL BY THE PLANNING & ZONINGCOMMISSION, AT THE END OF WHICH TIME THE APPLICANT MUST HAVESUBMITTED AND RECEIVED APPROVAL OF ENGINEERING PLANS AND BUILDINGPERMITS. IF THE ENGINEERING PLANS AND BUILDING PERMITS ARE NOTAPPROVED, THE SITE PLAN APPROVAL, TOGETHER WITH ANY PRELIMINARY SITEPLAN FOR THE PROPERTY, IS NULL AND VOID.PROSPER TRAILN COLEMAN ST
E 7TH STE 6TH STE 5TH STE 8TH STN CHURCH ST
N CRAIG RD TRAIL DRTRAIL DR LUXURY WAREHOUSE REQ.RATIOREQ.PROV.1/1000 SF7373L.S.= LANDSCAPE AREAO.S.= OPEN SPACE AREAPROFESSIONAL OFFICE REQ.RATIOREQ.PROV.1/350 SF4259TOTAL PARKING149149LUXURYWAREHOUSEBLDG AREA72,225PROFESSIONALOFFICE14,625TOTAL BLDG.AREA (SQ. FT.)202,350EXHIBIT DEXH-DPage 99Item 12.
Exhibit E – Premier Storage Development Schedule
Below is an anticipated project schedule for the proposed storage development located along Coleman.
This schedule is conceptual and subject to change based on permitting/entitlements. Once obtained, then
the permitting approvals will start with the Town.
Zoning Submittal to Town – March 2022
Zoning Approval from Town – September 2022
Start Construction – December 2022
Construction Complete – December 2023
Thank you and please call if you have any comments or need additional information.
Sincerely,
Drew Donosky, P.E.
Page 100
Item 12.
26'-0"27'-0"25'-0"28'-0"UNIT #1 UNIT #2 UNIT #3 UNIT #4 UNIT #5
UNIT #6 UNIT #9UNIT #8UNIT #7 UNIT #10
SHEET Checked By:Date:Project Name:Project No:Drawn By:02/24/20222291-000Revisions:AMR PREM.LMLMLAURIE MURPHY ARCHITECT PLLC c 2022 Laurie Murphy Architect3013 Damsel Sauvage Ln, Lewisville, TX 75056817-501-9544Lmurphy@Lmurphyarchitect.comwww.Lmurphyarchitect.comAMR PREMIUM STORAGECOLEMAN STREETPROSPER, TEXAS 75078A1.3
LUXURY OFFICE / WAREHOUSE OVERALL STREET ELEVATION
1/16"=1'-0"
1
A1.3
LUXURY OFFICE / WAREHOUSE 1 THRU 5 STREET ELEVATION
3/16"=1'-0"
2
A1.3
LUXURY OFFICE / WAREHOUSE 6 THRU 10 STREET ELEVATION
3/16"=1'-0"
3
A1.3
Page 101
Item 12.
14'-0"A B C D
17'-3"2'-0"8'-0"3'-4"6'-0"25'-0"1'-612"25'-0"25'-0"25'-0"
TRACK PROTECTOR
EACH SIDE
BOLLARD, TYPICAL
(2) FOR EACH
OVERHEAD DOOR
FOUNDATION, REF.
STRUCT.
CANOPY
CAP FLASHING,
PRE-FINISHED
CORNICE, PTD.
1:12 SLOPE METAL BLDG.
ROOF PANELS OVER 8"
PURLINS PER METAL BLDG.
VENDOR W/ R-30 INSULATION
8" GIRTS BY METAL
BLDG. VENDOR W/
METAL PANELS AT
INTERIOR & R-19
INSULATION
COLUMN IN WALL
PER METAL BLDG.
VENDOR
18FTX14FT
INSULATED COILING
GARAGE DOOR
GUTTER &
DOWNSPOUT
BEYOND PER METAL
BLDG. VENDOR
STOREFRONT
WINDOWS
BRICK
8" GIRTS BY METAL
BLDG. VENDOR W/
METAL PANELS AT
BOTH SIDES & R-19
INSULATION
SEPARATION WALL: 4" C'S WITH
R-13 INSULATION & METAL
PANELS EACH SIDE
11'-0"9'-878"FUTURE MEZZANINE
BY TENANT1'-10"CLR.UNIT #11 UNIT #12 UNIT #14UNIT #13 26'-0"27'-0"25'-0"28'-0"SHEET Checked By:Date:Project Name:Project No:Drawn By:02/24/20222291-000Revisions:AMR PREM.LMLMLAURIE MURPHY ARCHITECT PLLC c 2022 Laurie Murphy Architect3013 Damsel Sauvage Ln, Lewisville, TX 75056817-501-9544Lmurphy@Lmurphyarchitect.comwww.Lmurphyarchitect.comAMR PREMIUM STORAGECOLEMAN STREETPROSPER, TEXAS 75078A1.4LUXURY OFFICE / WAREHOUSE TYPICAL BUILDING SECTION
1/4"=1'-0"
2
A1.4
LUXURY OFFICE / WAREHOUSE 11 THRU 14 STREET ELEVATION
3/16"=1'-0"
1
A1.4
Page 102
Item 12.
660660659658657
658659660661662663664665666667668668669670671671670
669
66
9
668
667
666
665
6
6
4
663662661661660
6
5
9659658657660659658657657657657658659 660663664665662661 66766766866967066
2 662
6676636646656666
6
7
669669
668
669APPROXIMATE LOCATION OF
20' SOUTHWESTERN BELL
TELEPHONE COMPANY EASEMENT
VOL. 737, PG. 20
O.P.R.C.C.T.
40' WATER LINE EASEMENT
VOL. 4343, PG. 2718
O.P.R.C.C.T.
30' STREET EASEMENT
VOL. 1842, PG. 835
O.P.R.C.C.T.
GRAV
E
L ////////////////////////////////////////////////////////////////////////////////////////////////////////////
/////////////////////////////////////////////////////////////////////////////////N 89°54'48" E 937.81'
45.88'S 01°10'33" W 477.56'S 89°57'38" W 1028.72'N 11°24'21" E 509.85'L1(N 12°19'44" E 510.03')(S 89°09'52" E 938.02')(S 02°05'54" W 477.67')(N 89°07'12" W 1029.01')
891.93'
RETAINING
WALL
FL-24"CMP=665.9'
CALLED 11.296 ACRES
COLEMAN STREET 11 ACRE
PARTNERS, LLC
DOC. NO. 20191007001251960
O.P.R.C.C.T.
11.29 ACRES
491,797 SQ. FT.COLEMAN STREETRIGHT-OF-WAY VARIESBURLINGTON NORTHERN SANTA FE RAILROAD100' RIGHT-OF-WAYPOB
PK NAIL
3/8"
IRF
1/2"
IRF
1/2" CIRF
"GEER 4117"
PK NAIL
FOUND
PK NAIL
FOUND
29,250 SF
40 BOAT / RV 15x50
60,000 sf
40 BOAT / RV 15x50
40 BOAT / RV 15x40 SHORT MAKER
SPACE BAYS 15x40
40 BOAT / RV 15x50
30,000 sf
25 UNITS 24x50
30,000 sf
23 UNITS 24x50
31,200 sf
22
CMT
105
GA
3
LVK
4
QTX
3
LVK
4
QTX
3
LVK
1
CE
1
CE
1
CE
1
CE
1
CE
1
CE
1
CE
1
CE
1
CE
1
CE
1
BRO
50
CMT
6
DW2
3
DW2
7
IB
7
IB 7
IB
33
IB
7
IB
1
CE
1
CE
1
CE
143
IN
36
IB
3
MOK
1
MOK
1
MOK
1
CE
2
MOK
1
MOK
13
IB
13
IB
DATENo.REVISIONBYDATE:
SHEET
File No.
06/02/2021
CHECKED:CLC
DRAWN:RDS
DESIGN:CLC1105 CHEEK SPARGER RD. SUITE #1PHONE: 817.281.0572COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
2020-148PREMIER STORAGEPROSPER, TXSTREET FRONTAGE:
COLEMAN STREET 477 LF
TREES @ 1 / 30 LF: 16 TREES REQUIRED
16 TREES PROVIDED
SHRUBS @ 15 / 30 LF: 238 SHRUBS REQUIRED
265 SHRUBS PROVIDED
PARKING LOT
TOTAL PARKING SPACES:133
REQUIRED INTERIOR LANDSCAPE AREA:1,995 SF (15 SF / PARKING SPACE)
PROVIDED INTERIOR LANDSCAPE AREA:2,875 SF
1 TREE PROVIDED AT THE TERMINUS OF EACH PARKING BAY
ADDITIONAL SHRUBS PROVIDED AS A SOLID LIVING SCREEN WHERE ADJACENT
TO R.O.W.
PERIMETER LANDSCAPE
NORTH PROPERTY LINE 891 LF
TREES REQUIRED
(1 ORNAMENTAL TREE / 15 LF):59
TREES PROVIDED:59
SHRUBS REQUIRED (1 SHRUBS/15 LF):59
SHRUBS PROVIDED:61
SOUTH PROPERTY LINE 328 LF
TREES REQUIRED
(1 ORNAMENTAL TREE / 15 LF):22
TREES PROVIDED:22
SHRUBS REQUIRED (1 SHRUBS/15 LF):22
SHRUBS PROVIDED:26
WESTERN PROPERTY LINE 508 LF
TREES REQUIRED
(1 ORNAMENTAL TREE / 15 LF):34
TREES PROVIDED:34
SHRUBS REQUIRED (1 SHRUBS/15 LF):34
SHRUBS PROVIDED:36
LANDSCAPE CALCULATIONS
MULCHES
AFTER ALL PLANTING IS COMPLETE, CONTRACTOR SHALL INSTALL 3" THICK
LAYER OF 1-1/2" SHREDDED WOOD MULCH, NATURAL (UNDYED), OVER
LANDSCAPE FABRIC IN ALL PLANTING AREAS (EXCEPT FOR TURF AND
SEEDED AREAS). CONTRACTOR SHALL SUBMIT SAMPLES OF ALL MULCHES
TO LANDSCAPE ARCHITECT AND OWNER FOR APPROVAL PRIOR TO
CONSTRUCTION. ABSOLUTELY NO EXPOSED GROUND SHALL BE LEFT
SHOWING ANYWHERE ON THE PROJECT AFTER MULCH HAS BEEN INSTALLED
(SUBJECT TO THE CONDITIONS AND REQUIREMENTS OF THE "GENERAL
GRADING AND PLANTING NOTES" AND SPECIFICATIONS).
THE CONTRACTOR SHALL INSTALL ROOT BARRIERS NEAR ALL NEWLY-PLANTED
TREES THAT ARE LOCATED WITHIN FIVE (5) FEET OF PAVING OR CURBS. ROOT
BARRIERS SHALL BE "CENTURY" OR "DEEP-ROOT" 24" DEEP PANELS (OR EQUAL).
BARRIERS SHALL BE LOCATED IMMEDIATELY ADJACENT TO HARDSCAPE. INSTALL
PANELS PER MANUFACTURER'S RECOMMENDATIONS. UNDER NO
CIRCUMSTANCES SHALL THE CONTRACTOR USE ROOT BARRIERS OF A TYPE
THAT COMPLETELY ENCIRCLE THE ROOTBALL.
ROOT BARRIERSPLANTING AND IRRIGATION GUARANTEE
THE LANDSCAPE CONTRACTOR SHALL GUARANTEE THAT ALL NEWLY INSTALLED
AND EXISTING PLANTS SHALL SURVIVE FOR ONE YEAR AFTER FINAL OWNER
ACCEPTANCE OF THE INSTALLATION WORK. THE CONTRACTOR SHALL ALSO BE
RESPONSIBLE FOR APPROPRIATE WATERING OF THE LANDSCAPE THROUGH
INSTALLATION OF A PROPERLY DESIGNED IRRIGATION SYSTEM. THE OWNER
SHALL APPROVE THE SYSTEM DESIGN BEFORE INSTALLATION OF PLANTS OR
IRRIGATION.LANDSCAPE PLANTING7-19-22
L
HINIRSTEAC
CTTESADETST
AIREG 61
O F
9 8
ET XE
R
LDRE CAANDS
E
EP
A
E
CELP-1
(800) 680-6630
15455 Dallas Pkwy., Ste 600
Addison, TX 75001
www.EvergreenDesignGroup.com
EVERGREEN
D E S I G N G R O U P
0
GRAPHIC SCALE
1 inch = ft.
40 40 80
40
20
TREES CODE COMMON / BOTANICAL NAME SIZE CONTAINER QTY
EX Existing Tree to Remain ex.ex.ex.
reference TD-1/TD-2
DW2 Desert Willow / Chilopsis linearis CONT.3"Cal 43
min. 12' ht.; buffer tree; multi-trunk
CMT Crape Myrtle / Lagerstroemia indica `Watermelon Red`CONT.3"Cal 72
min. 12 ht; buffer tree; multi-trunk
LVK Live Oak / Quercas virginiana CONT.3"Cal 9
min. 12 ht; street tree
BRO Burr Oak / Quercus macrocarpa CONT.3"Cal 4
min. 12 ht; parking lot
QTX Texas Red Oak / Quercus texana CONT.3"Cal 8
min. 12 ht; street tree
CE Cedar Elm / Ulmus crassifolia CONT.3"Cal 14
min. 12 ht; parking lot
MOK Monterey Oak / Quercus polymorpha `Monterey`CONT.3"Cal 8
min. 12 ht; mitigation tree
PLANT_SCHEDULE
SHRUBS CODE COMMON / BOTANICAL NAME SIZE QTY
GA Glossy Abelia / Abelia grandiflora 5 gal 105
36" o.c.; min. 24" ht.
IB Burford Holly / Ilex cornuta `Burfordii`10 gal.123
30" o.c.; min. 36" ht
IN Dwarf Yaupon / Ilex vomitoria `Nana`3 gal 143
24" o.c.
GROUND COVERS CODE COMMON / BOTANICAL NAME SIZE QTY
BG Bermuda Grass / Cynodon dactylon hydro 59,550 sf
CD Bermuda Grass / Cynodon dactylon `tif 419`sod 21,519 sf
Page 103
Item 12.
8
WEED FABRIC UNDER MULCH.8
B SCALE: NTS
SHRUB AND PERENNIAL PLANTING
7
6
5
3" HIGH EARTHEN WATERING BASIN.
UNDISTURBED NATIVE SOIL.
ROOT BALL.
BACKFILL. AMEND AND FERTILIZE ONLY AS
RECOMMENDED IN SOIL FERTILITY ANALYSIS.
FINISH GRADE.
MULCH, TYPE AND DEPTH PER PLANS. PLACE NO
MORE THAN 1" OF MULCH WITHIN 6" OF PLANT
CENTER.
SHRUB, PERENNIAL, OR ORNAMENTAL GRASS.
3
2
1
4
7
6
5
1
2
3
2X
X
4
TURF (WHERE SHOWN ON PLAN).4
PLANT.3
MULCH LAYER.2
CURB.1
1 432
OF MATURE CANOPY
24" MIN. TO EDGE
DISTANCE PER PLAN
E SCALE: NOT TO SCALE
HEDGE PLANTING AT PARKING AREA
FINISH GRADE.13
13
NON-CONIFEROUS
TREE
A SCALE: NOT TO SCALE
TREE PLANTING
12
5
3
2
5
3X ROOTBALL DIA.
4
1
11
10
9
8
7
6
4
2
STAKING EXAMPLES (PLAN VIEW)
PREVAILING
WINDS
CONIFEROUS
TREE
TRUNK FLARE.
4" HIGH EARTHEN WATERING BASIN.
UNDISTURBED NATIVE SOIL.
ROOT BALL.
BACKFILL. AMEND AND FERTILIZE ONLY AS
RECOMMENDED IN SOIL FERTILITY ANALYSIS.
WEED FABRIC UNDER MULCH.
MULCH, TYPE AND DEPTH PER PLANS. DO NOT
PLACE MULCH WITHIN 6" OF TRUNK.
PRESSURE-TREATED WOOD DEADMAN, TWO PER
TREE (MIN.). BURY OUTSIDE OF PLANTING PIT AND
18" MIN. INTO UNDISTURBED SOIL.
24" X 3/4" P.V.C. MARKERS OVER WIRES.
GREEN STEEL T-POSTS. EXTEND POSTS 12" MIN. INTO
UNDISTURBED SOIL.
CINCH-TIES (24" BOX TREES AND SMALLER) OR 12
GAUGE GALVANIZED WIRE WITH NYLON TREE STRAPS
AT TREE AND STAKE (36" BOX TREES AND LARGER).
SECURE TIES OR STRAPS TO TRUNK JUST ABOVE
LOWEST MAJOR BRANCHES.
TREE CANOPY.
3
2
1
NOTES:
1.SCARIFY SIDES OF PLANTING PIT PRIOR TO SETTING TREE.
2.REMOVE EXCESS SOIL APPLIED ON TOP OF THE ROOTBALL THAT
COVERS THE ROOT FLARE. THE PLANTING HOLE DEPTH SHALL BE
SUCH THAT THE ROOTBALL RESTS ON UNDISTURBED SOIL, AND THE
ROOT FLARE IS 2"-3" ABOVE FINISH GRADE.
3.FOR BALLED-AND-BURLAPPED TREES, REMOVE WIRE BASKET AND
BURLAP BEFORE BACKFILLING.
4.REMOVE ALL NURSERY STAKES AFTER PLANTING.
5.FOR TREES OVER 3" CALIPER AND TREES 36" BOX AND LARGER, USE
THREE STAKES OR DEADMEN (AS APPROPRIATE), SPACED EVENLY
AROUND TREE.
6.STAKING SHALL BE TIGHT ENOUGH TO PREVENT TRUNK FROM
BENDING, BUT LOOSE ENOUGH TO ALLOW SOME TRUNK MOVEMENT
IN WIND.
PREVAILING
WINDS
12
10
11
9
8
1
4
7
6
5
B.GENERAL PLANTING
1.REMOVE ALL NURSERY TAGS AND STAKES FROM PLANTS.
2.EXCEPT IN AREAS TO BE PLANTED WITH ORNAMENTAL GRASSES, APPLY PRE-EMERGENT
HERBICIDES AT THE MANUFACTURER'S RECOMMENDED RATE.
3.TRENCHING NEAR EXISTING TREES:
a.CONTRACTOR SHALL NOT DISTURB ROOTS 1-1/2" AND LARGER IN DIAMETER WITHIN THE
CRITICAL ROOT ZONE (CRZ) OF EXISTING TREES, AND SHALL EXERCISE ALL POSSIBLE CARE
AND PRECAUTIONS TO AVOID INJURY TO TREE ROOTS, TRUNKS, AND BRANCHES. THE CRZ IS
DEFINED AS A CIRCULAR AREA EXTENDING OUTWARD FROM THE TREE TRUNK, WITH A RADIUS
EQUAL TO 1' FOR EVERY 1" OF TRUNK DIAMETER-AT-BREAST-HEIGHT (4.5' ABOVE THE AVERAGE
GRADE AT THE TRUNK).
b.ALL EXCAVATION WITHIN THE CRZ SHALL BE PERFORMED USING HAND TOOLS. NO MACHINE
EXCAVATION OR TRENCHING OF ANY KIND SHALL BE ALLOWED WITHIN THE CRZ.
c.ALTER ALIGNMENT OF PIPE TO AVOID TREE ROOTS 1-1/2" AND LARGER IN DIAMETER. WHERE
TREE ROOTS 1-1/2" AND LARGER IN DIAMETER ARE ENCOUNTERED IN THE FIELD, TUNNEL
UNDER SUCH ROOTS. WRAP EXPOSED ROOTS WITH SEVERAL LAYERS OF BURLAP AND KEEP
MOIST. CLOSE ALL TRENCHES WITHIN THE CANOPY DRIP LINES WITHIN 24 HOURS.
d.ALL SEVERED ROOTS SHALL BE HAND PRUNED WITH SHARP TOOLS AND ALLOWED TO AIR-DRY.
DO NOT USE ANY SORT OF SEALERS OR WOUND PAINTS.
C.TREE PLANTING
1.TREE PLANTING HOLES SHALL BE EXCAVATED TO MINIMUM WIDTH OF TWO TIMES THE WIDTH OF THE
ROOTBALL, AND TO A DEPTH EQUAL TO THE DEPTH OF THE ROOTBALL LESS TWO INCHES.
2.SCARIFY THE SIDES AND BOTTOM OF THE PLANTING HOLE PRIOR TO THE PLACEMENT OF THE TREE.
REMOVE ANY GLAZING THAT MAY HAVE BEEN CAUSED DURING THE EXCAVATION OF THE HOLE.
3.FOR CONTAINER TREES, TO REMOVE ANY POTENTIALLY GIRDLING ROOTS AND OTHER ROOT
DEFECTS, THE CONTRACTOR SHALL SHAVE A 1" LAYER OFF OF THE SIDES AND BOTTOM OF THE
ROOTBALL OF ALL TREES JUST BEFORE PLACING INTO THE PLANTING PIT. DO NOT "TEASE" ROOTS
OUT FROM THE ROOTBALL.
4.INSTALL THE TREE ON UNDISTURBED SUBGRADE SO THAT THE TOP OF THE ROOTBALL IS TWO TO
THREE INCHES ABOVE THE SURROUNDING GRADE.
5.BACKFILL THE TREE HOLE UTILIZING THE EXISTING TOPSOIL FROM ON-SITE. ROCKS LARGER THAN 1"
DIA. AND ALL OTHER DEBRIS SHALL BE REMOVED FROM THE SOIL PRIOR TO THE BACKFILL. SHOULD
ADDITIONAL SOIL BE REQUIRED TO ACCOMPLISH THIS TASK, IMPORT ADDITIONAL TOPSOIL FROM
OFF-SITE AT NO ADDITIONAL COST TO THE OWNER.
6.THE TOTAL NUMBER OF TREE STAKES (BEYOND THE MINIMUMS LISTED BELOW) WILL BE LEFT TO THE
LANDSCAPE CONTRACTOR'S DISCRETION. SHOULD ANY TREES FALL OR LEAN, THE LANDSCAPE
CONTRACTOR SHALL STRAIGHTEN THE TREE, OR REPLACE IT SHOULD IT BECOME DAMAGED. TREE
STAKING SHALL ADHERE TO THE FOLLOWING GUIDELINES:
a.15 - 30 GAL TREES TWO STAKES PER TREE
b.45 - 100 GAL TREES THREE STAKES PER TREE
c.MULTI-TRUNK TREES THREE STAKES PER TREE MINIMUM, POSITIONED AS NEEDED TO
STABILZE THE TREE
7.UPON COMPLETION OF PLANTING, CONSTRUCT AN EARTH WATERING BASIN AROUND THE TREE.
COVER THE INTERIOR OF THE TREE RING WITH THE WEED BARRIER CLOTH AND TOPDRESS WITH
MULCH (TYPE AND DEPTH PER PLANS).
D.SHRUB, PERENNIAL, AND GROUNDCOVER PLANTING
1.DIG THE PLANTING HOLES TWICE AS WIDE AND 2" LESS DEEP THAN EACH PLANT'S ROOTBALL.
INSTALL THE PLANT IN THE HOLE. BACKFILL AROUND THE PLANT WITH SOIL AMENDED PER SOIL
TEST RECOMMENDATIONS.
2.INSTALL THE WEED BARRIER CLOTH, OVERLAPPING IT AT THE ENDS. UTILIZE STEEL STAPLES TO
KEEP THE WEED BARRIER CLOTH IN PLACE.
3.WHEN PLANTING IS COMPLETE, INSTALL MULCH (TYPE AND DEPTH PER PLANS) OVER ALL PLANTING
BEDS, COVERING THE ENTIRE PLANTING AREA.
E.SODDING
1.SOD VARIETY TO BE AS SPECIFIED ON THE LANDSCAPE PLAN.
2.LAY SOD WITHIN 24 HOURS FROM THE TIME OF STRIPPING. DO NOT LAY IF THE GROUND IS FROZEN.
3.LAY THE SOD TO FORM A SOLID MASS WITH TIGHTLY FITTED JOINTS. BUTT ENDS AND SIDES OF SOD
STRIPS - DO NOT OVERLAP. STAGGER STRIPS TO OFFSET JOINTS IN ADJACENT COURSES.
4.ROLL THE SOD TO ENSURE GOOD CONTACT OF THE SOD'S ROOT SYSTEM WITH THE SOIL
UNDERNEATH.
5.WATER THE SOD THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING TO OBTAIN AT
LEAST SIX INCHES OF PENETRATION INTO THE SOIL BELOW THE SOD.
F.HYDROMULCHING
1.THE HYDROMULCH MIX (PER 1,000 SF) SHALL BE AS FOLLOWS:
a.WINTER MIX (OCTOBER 1 - MARCH 31)
50#CELLULOSE FIBER MULCH
2#UNHULLED BERMUDA SEED
2#ANNUAL RYE SEED
15#15-15-15 WATER SOLUBLE FERTILIZER
b.SUMMER MIX (APRIL 1 - SEPTEMBER 30)
50#CELLULOSE FIBER MULCH
2#HULLED BERMUDA SEED
15#15-15-15 WATER SOLUBLE FERTILIZER
G.CLEAN UP
1.DURING LANDSCAPE PREPARATION AND PLANTING, KEEP ALL PAVEMENT CLEAN AND ALL WORK
AREAS IN A NEAT, ORDERLY CONDITION.
2.DISPOSED LEGALLY OF ALL EXCAVATED MATERIALS OFF THE PROJECT SITE.
H.INSPECTION AND ACCEPTANCE
1.UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL PROVIDE THE SITE CLEAN,
FREE OF DEBRIS AND TRASH, AND SUITABLE FOR USE AS INTENDED. THE LANDSCAPE CONTRACTOR
SHALL THEN REQUEST AN INSPECTION BY THE OWNER TO DETERMINE FINAL ACCEPTABILITY.
3.WHEN THE INSPECTED PLANTING WORK DOES NOT COMPLY WITH THE CONTRACT DOCUMENTS, THE
LANDSCAPE CONTRACTOR SHALL REPLACE AND/OR REPAIR THE REJECTED WORK TO THE OWNER'S
SATISFACTION WITHIN 24 HOURS.
4.THE LANDSCAPE MAINTENANCE PERIOD WILL NOT COMMENCE UNTIL THE LANDSCAPE WORK HAS
BEEN RE-INSPECTED BY THE OWNER AND FOUND TO BE ACCEPTABLE. AT THAT TIME, A WRITTEN
NOTICE OF FINAL ACCEPTANCE WILL BE ISSUED BY THE OWNER, AND THE MAINTENANCE AND
GUARANTEE PERIODS WILL COMMENCE.
I.LANDSCAPE MAINTENANCE
1.THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL WORK
SHOWN ON THESE PLANS FOR 90 DAYS BEYOND FINAL ACCEPTANCE OF ALL LANDSCAPE WORK BY
THE OWNER. LANDSCAPE MAINTENANCE SHALL INCLUDE WEEKLY SITE VISITS FOR THE FOLLOWING
ACTIONS (AS APPROPRIATE): PROPER PRUNING, RESTAKING OF TREES, RESETTING OF PLANTS
THAT HAVE SETTLED, MOWING AND AERATION OF LAWNS, WEEDING, RESEEDING AREAS WHICH
HAVE NOT GERMINATED WELL, TREATING FOR INSECTS AND DISEASES,REPLACEMENT OF MULCH,
REMOVAL OF LITTER, REPAIRS TO THE IRRIGATION SYSTEM DUE TO FAULTY PARTS AND/OR
WORKMANSHIP, AND THE APPROPRIATE WATERING OF ALL PLANTINGS. THE LANDSCAPE
CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM IN PROPER WORKING ORDER, WITH
SCHEDULING ADJUSTMENTS BY SEASON TO MAXIMIZE WATER CONSERVATION.
2. SHOULD SEEDED AND/OR SODDED AREAS NOT BE COVERED BY AN AUTOMATIC IRRIGATION SYSTEM,
THE LANDSCAPE CONTRACTOR SHAL BE RESPONSIBLE FOR WATERING THESE AREAS AND
OBTAINING A FULL, HEALTHY STAND OF GRASS AT NO ADDITIONAL COST TO THE OWNER.
3.TO ACHIEVE FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD, ALL OF THE
FOLLOWING CONDITIONS MUST OCCUR:
a.THE LANDSCAPE SHALL SHOW ACTIVE, HEALTHY GROWTH (WITH EXCEPTIONS MADE FOR
SEASONAL DORMANCY). ALL PLANTS NOT MEETING THIS CONDITION SHALL BE REJECTED AND
REPLACED BY HEALTHY PLANT MATERIAL PRIOR TO FINAL ACCEPTANCE.
b.ALL HARDSCAPE SHALL BE CLEANED PRIOR TO FINAL ACCEPTANCE.
c.SODDED AREAS MUST BE ACTIVELY GROWING AND MUST REACH A MINIMUM HEIGHT OF 1 1/2
INCHES BEFORE FIRST MOWING. HYDROMULCHED AREAS SHALL SHOW ACTIVE, HEALTHY
GROWTH. BARE AREAS LARGER THAN TWELVE SQUARE INCHES MUST BE RESODDED OR
RESEEDED (AS APPROPRIATE) PRIOR TO FINAL ACCEPTANCE. ALL SODDED TURF SHALL BE
NEATLY MOWED.
J.WARRANTY PERIOD, PLANT GUARANTEE AND REPLACEMENTS
1.THE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL TREES, SHRUBS, PERENNIALS, SOD,
SEEDED/HYDROMULCHED AREAS, AND IRRIGATION SYSTEMS FOR A PERIOD OF ONE YEAR FROM
THE DATE OF THE OWNER'S FINAL ACCEPTANCE (90 DAYS FOR ANNUAL PLANTS). THE CONTRACTOR
SHALL REPLACE, AT HIS OWN EXPENSE AND TO THE SATISFACTION OF THE OWNER, ANY PLANTS
WHICH DIE IN THAT TIME, OR REPAIR ANY PORTIONS OF THE IRRIGATION SYSTEM WHICH OPERATE
IMPROPERLY.
2.AFTER THE INITIAL MAINTENANCE PERIOD AND DURING THE GUARANTEE PERIOD, THE LANDSCAPE
CONTRACTOR SHALL ONLY BE RESPONSIBLE FOR REPLACEMENT OF PLANTS WHEN PLANT DEATH
CANNOT BE ATTRIBUTED DIRECTLY TO OVERWATERING OR OTHER DAMAGE BY HUMAN ACTIONS.
K.PROVIDE A MINIMUM OF (2) COPIES OF RECORD DRAWINGS TO THE OWNER UPON COMPLETION OF
WORK. A RECORD DRAWING IS A RECORD OF ALL CHANGES THAT OCCURRED IN THE FIELD AND THAT
ARE DOCUMENTED THROUGH CHANGE ORDERS, ADDENDA, OR CONTRACTOR/CONSULTANT DRAWING
MARKUPS.
GENERAL
A.QUALIFICATIONS OF LANDSCAPE CONTRACTOR
1.ALL LANDSCAPE WORK SHOWN ON THESE PLANS SHALL BE PERFORMED BY A SINGLE FIRM
SPECIALIZING IN LANDSCAPE PLANTING.
2.A LIST OF SUCCESSFULLY COMPLETED PROJECTS OF THIS TYPE, SIZE AND NATURE MAY BE
REQUESTED BY THE OWNER FOR FURTHER QUALIFICATION MEASURES.
3.THE LANDSCAPE CONTRACTOR MUST HOLD A VALID NURSERY AND FLORAL CERTIFICATE ISSUED
BY THE TEXAS DEPARTMENT OF AGRICULTURE, AS WELL AS OPERATE UNDER A COMMERCIAL
PESTICIDE APPLICATOR LICENSE ISSUED BY EITHER THE TEXAS DEPARTMENT OF AGRICULTURE
OR THE TEXAS STRUCTURAL PEST CONTROL BOARD.
B.SCOPE OF WORK
1.WORK COVERED BY THESE SECTIONS INCLUDES THE FURNISHING AND PAYMENT OF ALL
MATERIALS, LABOR, SERVICES, EQUIPMENT, LICENSES, TAXES AND ANY OTHER ITEMS THAT ARE
NECESSARY FOR THE EXECUTION, INSTALLATION AND COMPLETION OF ALL WORK, SPECIFIED
HEREIN AND / OR SHOWN ON THE LANDSCAPE PLANS, NOTES, AND DETAILS.
2.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH ALL APPLICABLE LAWS, CODES AND
REGULATIONS REQUIRED BY AUTHORITIES HAVING JURISDICTION OVER SUCH WORK, INCLUDING
ALL INSPECTIONS AND PERMITS REQUIRED BY FEDERAL, STATE AND LOCAL AUTHORITIES IN
SUPPLY, TRANSPORTATION AND INSTALLATION OF MATERIALS.
3.THE LANDSCAPE CONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITY
LINES (WATER, SEWER, ELECTRICAL, TELEPHONE, GAS, CABLE, TELEVISION, ETC.) PRIOR TO THE
START OF ANY WORK.
PRODUCTS
A.ALL MANUFACTURED PRODUCTS SHALL BE NEW.
B.CONTAINER AND BALLED-AND-BURLAPPED PLANTS:
1.FURNISH NURSERY-GROWN PLANTS COMPLYING WITH ANSI Z60.1-2004. PROVIDE WELL-SHAPED,
FULLY BRANCHED, HEALTHY, VIGOROUS STOCK FREE OF DISEASE, INSECTS, EGGS, LARVAE, AND
DEFECTS SUCH AS KNOTS, SUN SCALD, INJURIES, ABRASIONS, AND DISFIGUREMENT. ALL PLANTS
WITHIN A SPECIES SHALL HAVE SIMILAR SIZE, AND SHALL BE OF A FORM TYPICAL FOR THE
SPECIES. ALL TREES SHALL BE OBTAINED FROM SOURCES WITHIN 200 MILES OF THE PROJECT
SITE, AND WITH SIMILAR CLIMACTIC CONDITIONS.
2.ROOT SYSTEMS SHALL BE HEALTHY, DENSELY BRANCHED, FIBROUS ROOT SYSTEMS,
NON-POT-BOUND, FREE FROM ENCIRCLING AND/OR GIRDLING ROOTS, AND FREE FROM ANY
OTHER ROOT DEFECTS (SUCH AS J-SHAPED ROOTS).
3.ANY PLANT DEEMED UNACCEPTABLE BY THE LANDSCAPE ARCHITECT OR OWNER SHALL BE
IMMEDIATELY REMOVED FROM THE SITE AND SHALL BE REPLACED WITH AN ACCEPTBLE PLANT OF
LIKE TYPE AND SIZE AT THE CONTRACTOR'S OWN EXPENSE. ANY PLANTS APPEARING TO BE
UNHEALTHY, EVEN IF DETERMINED TO STILL BE ALIVE, SHALL NOT BE ACCEPTED. THE LANDSCAPE
ARCHITECT AND OWNER SHALL BE THE SOLE JUDGES AS TO THE ACCEPTABILITY OF PLANT
MATERIAL.
4.ALL TREES SHALL BE STANDARD IN FORM, UNLESS OTHERWISE SPECIFIED. TREES WITH CENTRAL
LEADERS WILL NOT BE ACCEPTED IF LEADER IS DAMAGED OR REMOVED. PRUNE ALL DAMAGED
TWIGS AFTER PLANTING.
5.CALIPER MEASUREMENTS FOR STANDARD (SINGLE TRUNK) TREES SHALL BE AS FOLLOWS: SIX
INCHES ABOVE THE ROOT FLARE FOR TREES UP TO AND INCLUDING FOUR INCHES IN CALIPER,
AND TWELVE INCHES ABOVE THE ROOT FLARE FOR TREES EXCEEDING FOUR INCHES IN CALIPER.
6.MULTI-TRUNK TREES SHALL BE MEASURED BY THEIR OVERALL HEIGHT, MEASURED FROM THE TOP
OF THE ROOT BALL.
7.ANY TREE OR SHRUB SHOWN TO HAVE EXCESS SOIL PLACED ON TOP OF THE ROOT BALL, SO THAT
THE ROOT FLARE HAS BEEN COMPLETELY COVERED, SHALL BE REJECTED.
C.SOD: PROVIDE WELL-ROOTED SOD OF THE VARIETY NOTED ON THE PLANS. SOD SHALL BE CUT FROM
HEALTHY, MATURE TURF WITH SOIL THICKNESS OF 3/4" TO 1". EACH PALLET OF SOD SHALL BE
ACCOMPANIED BY A CERTIFICATE FROM SUPPLIER STATING THE COMPOSITION OF THE SOD.
D.SEED: PROVIDE BLEND OF SPECIES AND VARIETIES AS NOTED ON THE PLANS, WITH MAXIMUM
PERCENTAGES OF PURITY, GERMINATION, AND MINIMUM PERCENTAGE OF WEED SEED AS INDICATED
ON PLANS. EACH BAG OF SEED SHALL BE ACCOMPANIED BY A TAG FROM THE SUPPLIER INDICATING
THE COMPOSITION OF THE SEED.
E.TOPSOIL: SANDY TO CLAY LOAM TOPSOIL, FREE OF STONES LARGER THAN ½ INCH, FOREIGN MATTER,
PLANTS, ROOTS, AND SEEDS.
F.COMPOST: WELL-COMPOSTED, STABLE, AND WEED-FREE ORGANIC MATTER, pH RANGE OF 5.5 TO 8;
MOISTURE CONTENT 35 TO 55 PERCENT BY WEIGHT; 100 PERCENT PASSING THROUGH 3/4-INCH SIEVE;
SOLUBLE SALT CONTENT OF 5 TO 10 DECISIEMENS/M; NOT EXCEEDING 0.5 PERCENT INERT
CONTAMINANTS AND FREE OF SUBSTANCES TOXIC TO PLANTINGS. NO MANURE OR ANIMAL-BASED
PRODUCTS SHALL BE USED.
G.PLANTING MIX: AN EQUAL PART MIXTURE OF TOPSOIL, SAND AND COMPOST.
H.FERTILIZER: GRANULAR FERTILIZER CONSISTING OF NITROGEN, PHOSPHORUS, POTASSIUM, AND
OTHER NUTRIENTS IN PROPORTIONS, AMOUNTS, AND RELEASE RATES RECOMMENDED IN A SOIL
REPORT FROM A QUALIFIED SOIL-TESTING AGENCY (SEE BELOW).
I.MULCH: SIZE AND TYPE AS INDICATED ON PLANS, FREE FROM DELETERIOUS MATERIALS AND SUITABLE
AS A TOP DRESSING OF TREES AND SHRUBS.
J.WEED FABRIC: 5 OUNCE, WOVEN, NEEDLE-PUNCHED FABRIC, SUCH AS DEWITT PRO5 LANDSCAPE
FABRIC (OR APPROVED EQUAL).
K.TREE STAKING AND GUYING
1.STAKES: 6' LONG GREEN METAL T-POSTS.
2.GUY AND TIE WIRE: ASTM A 641, CLASS 1, GALVANIZED-STEEL WIRE, 2-STRAND, TWISTED, 0.106
INCH DIAMETER.
3.STRAP CHAFING GUARD: REINFORCED NYLON OR CANVAS AT LEAST 1-1/2 INCH WIDE, WITH
GROMMETS TO PROTECT TREE TRUNKS FROM DAMAGE.
L.STEEL EDGING: PROFESSIONAL STEEL EDGING, 14 GAUGE THICK X 4 INCHES WIDE, FACTORY PAINTED
DARK GREEN. ACCEPTABLE MANUFACTURERS INCLUDE COL-MET OR APPROVED EQUAL.
M.PRE-EMERGENT HERBICIDES: ANY GRANULAR, NON-STAINING PRE-EMERGENT HERBICIDE THAT IS
LABELED FOR THE SPECIFIC ORNAMENTALS OR TURF ON WHICH IT WILL BE UTILIZED. PRE-EMERGENT
HERBICIDES SHALL BE APPLIED PER THE MANUFACTURER'S LABELED RATES.
METHODS
A.SOIL PREPARATION
1.BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE GRADE OF ALL
LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. THE CONTRACTOR SHALL NOTIFY THE
OWNER IMMEDIATELY SHOULD ANY DISCREPANCIES EXIST.
2.SOIL TESTING:
a.AFTER FINISH GRADES HAVE BEEN ESTABLISHED, CONTRACTOR SHALL HAVE SOIL SAMPLES
TESTED BY AN ESTABLISHED SOIL TESTING LABORATORY FOR THE FOLLOWING: SOIL
TEXTURAL CLASS, GENERAL SOIL FERTILITY, pH, ORGANIC MATTER CONTENT, SALT (CEC),
LIME, SODIUM ADSORPTION RATIO (SAR) AND BORON CONTENT. EACH SAMPLE SUBMITTED
SHALL CONTAIN NO LESS THAN ONE QUART OF SOIL.
b.CONTRACTOR SHALL ALSO SUBMIT THE PROJECT'S PLANT LIST TO THE LABORATORY ALONG
WITH THE SOIL SAMPLES.
c.THE SOIL REPORT PRODUCED BY THE LABORATORY SHALL CONTAIN RECOMMENDATIONS
FOR THE FOLLOWING (AS APPROPRIATE): GENERAL SOIL PREPARATION AND BACKFILL MIXES,
PRE-PLANT FERTILIZER APPLICATIONS, AND ANY OTHER SOIL RELATED ISSUES. THE REPORT
SHALL ALSO PROVIDE A FERTILIZER PROGRAM FOR THE ESTABLISHMENT PERIOD AND FOR
LONG-TERM MAINTENANCE.
3.THE CONTRACTOR SHALL INSTALL SOIL AMENDMENTS AND FERTILIZERS PER THE SOILS REPORT
RECOMMENDATIONS. ANY CHANGE IN COST DUE TO THE SOIL REPORT RECOMMENDATIONS,
EITHER INCREASE OR DECREASE, SHALL BE SUBMITTED TO THE OWNER WITH THE REPORT.
4.FOR BIDDING PURPOSES ONLY, THE SOIL PREPARATION SHALL CONSIST OF THE FOLLOWING:
a.TURF: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE TOP 8" OF SOIL BY MEANS OF
ROTOTILLING AFTER CROSS-RIPPING:
i.NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F.
ii.AMMONIUM PHOSPHATE 16-20-0 - 15 LBS PER 1,000 S.F.
iii.AGRICULTURAL GYPSUM - 100 LBS PER 1,000 S.F.
b.TREES, SHRUBS, AND PERENNIALS: INCORPORATE THE FOLLOWING AMENDMENTS INTO THE
TOP 8" OF SOIL BY MEANS OF ROTOTILLING AFTER CROSS-RIPPING:
i.NITROGEN STABILIZED ORGANIC AMENDMENT - 4 CU. YDS. PER 1,000 S.F.
ii.12-12-12 FERTILIZER - 10 LBS. PER CU. YD.
iii.AGRICULTURAL GYPSUM - 10 LBS. PER CU. YD.
iv.IRON SULPHATE - 2 LBS. PER CU. YD.
5.CONTRACTOR SHALL ENSURE THAT THE GRADE IN SOD AREAS SHALL BE 1" BELOW FINISH GRADE
AFTER INSTALLING SOIL AMENDMENTS, AND 2" BELOW FINISH GRADE IN SHRUB AREAS AFTER
INSTALLING SOIL AMENDMENTS. MULCH COVER WITHIN 6" OF CONCRETE WALKS AND CURBS
SHALL NOT PROTRUDE ABOVE THE FINISH SURFACE OF THE WALKS AND CURBS. MULCH COVER
WITHIN 12" OF WALLS SHALL BE AT LEAST 3" LOWER THAN THE TOP OF WALL.
6.ONCE SOIL PREPARATION IS COMPLETE, THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT
THERE ARE NO DEBRIS, TRASH, OR STONES LARGER THAN 1" REMAINING IN THE TOP 6" OF SOIL.
PLANTING SPECIFICATIONS
LANDSCAPE DETAILS &SPECIFICATIONSDATENo.REVISIONBYDATE:
SHEET
File No.
06/02/2021
CHECKED:CLC
DRAWN:RDS
DESIGN:CLC1105 CHEEK SPARGER RD. SUITE #1PHONE: 817.281.0572COLLEYVILLE, TX 76034 WWW.CLAYMOOREENG.COMTEXAS REGISTRATION #14199
2020-148PREMIER STORAGEPROSPER, TXTOWN OF PROSPER MAINTENANCE STANDARDS
A.THE OWNER, TENANT AND/OR THEIR AGENT, IF ANY, SHALL BE JOINTLY AND SEVERALLY RESPONSIBLE
FOR THE MAINTENANCE OF ALL LANDSCAPING REQUIRED BY THIS ORDINANCE. ALL PLANT MATERIAL
SHALL BE PERPETUALLY MAINTAINED IN A HEALTHY AND GROWING CONDITION AS IS APPROPRIATE FOR
THE SEASON OF THE YEAR. PLANT MATERIALS THAT DIE SHALL BE REPLACED BY PROPERTY OWNER,
TENANT OR AGENT WITH PLANT MATERIAL OF SIMILAR VARIETY AND SIZE, WITHIN THIRTY (30) DAYS OF
NOTIFICATION BY THE TOWN OR A DATE APPROVED BY THE TOWN.
B.ALL TREES LOCATED ON TOWN PROPERTY SHALL BE CARED FOR BY THE TOWN UNLESS THAT
RESPONSIBILITY IS TRANSFERRED TO ANOTHER ENTITY THROUGH A COUNCIL-APPROVED AGREEMENT.
THE DIRECTOR OF THE PARKS AND RECREATION DEPARTMENT SHALL ENSURE THAT THE TOWN, OR ITS
CONTRACTOR, MONITORS AND CARES FOR TREES IN A WAY THAT PROMOTES A HEALTHY AND GROWING
URBAN FOREST, IS PERFORMED ACCORDING TO ANSI A300, “STANDARDS FOR TREE CARE OPERATIONS,”
AND TREE CARE BEST MANAGEMENT PRACTICES PUBLISHED BY THE INTERNATIONAL SOCIETY OF
ARBORICULTURE. IT SHALL BE UNLAWFUL TO REMOVE, PRUNE, DAMAGE OR OTHERWISE HARM TREES
ON TOWN PROPERTY WITHOUT PERMISSION FROM THE DIRECTOR OF THE PARKS AND RECREATION
DEPARTMENT. THE PARKS AND RECREATION DEPARTMENT SHALL BE RESPONSIBLE FOR DEVELOPING
AND UPDATING AN ANNUAL WORK PLAN. THIS WORK PLAN SHALL DOCUMENT WHAT MAINTENANCE
ACTIVITIES ARE BEING PERFORMED AND SCHEDULED EACH YEAR. THE PARKS AND RECREATION BOARD
MAY APPOINT AN ADVISORY COMMITTEE TO FOCUS ON ISSUES AND INITIATIVES THAT PERTAIN TO ANY
URBAN FOREST THAT IS LOCATED ON PUBLIC LANDS.
1)Plant material shall be measured and sized according to the latest edition of the Texas Nursery & Landscape Association (TNLA) Specifications, Grades and
Standards.
2)All plant substitutions are subject to Town approval and must be specified on the approved landscape plan.
3)All turf areas to be established prior to the Certificate of Occupancy, unless otherwise approved by the Town.
4)Ground covers used in lieu of turf grass must provide complete coverage within one (1) year of planting and maintain adequate coverage as approved by the Town.
5)Trees must be planted four (4) feet or greater from curbs, sidewalks, utility lines, screening walls, and/or other healthy root growth.
6)Tree pits shall have roughened sides and be two to three times wider than the root ball of the tree in order to facilitate healthy root growth.
7)Tree pits shall be tested for water percolation. If water does not drain out of tree pit within a 24-hour period, the contractor shall provide berming, or devise
alternative drainage.
8)Trees shall not be planted deeper than the base of the “trunk flare”.
9)The tree pit shall be backfilled with native topsoil free of rock and other debris.
10)Burlap, twine, and wire baskets shall be loosened and pulled back from the trunk of tree as much as possible.
11)Trees shall not be watered to excess that results in soil saturation. If soil becomes saturated, the watering schedule shall be adjusted to allow for drainage and
absorption of the excess water.
12)A 3-4” layer of mulch shall be provided around the base of the planted tree. The mulch shall be pulled back 1-2” from the trunk of the tree.
13)No person(s) or entity may use improper or malicious maintenance or pruning techniques which would likely lead to the death of the tree. Improper or malicious
techniques include, but are not limited to, topping or other unsymmetrical trimming of trees, trimming trees with a backhoe, or use of fire or poison to cause the death
of a tree.
14)Topsoil shall be a minimum of eight (8) inches in depth in planting areas. Soil shall be free of stones, roots, and clods and any other foreign material that is not
beneficial for plant growth.
15)All plant beds shall be top-dressed with a minimum of three (3) inches of mulch.
16)Trees overhanging walks and parking shall have a minimum clear trunk height of seven (7) feet. Trees overhanging public street pavement drive aisles and fire lanes
shall have a minimum clear trunk height of fourteen (14) feet.
17)A visibility triangle must be provided at all intersections, where shrubs are not to exceed thirty (30) inches in height, and trees shall have a minimum clear trunk
height of nine (9) feet.
18)Trees planted on a slope shall have the tree well at the average grad of slope.
19)No shrubs shall be permitted within areas less than three (3) feet in width. All beds less than three (3) feet in width shall be grass, groundcover, or some type of
fixed paving.
20)The owner, tenant, and/or their agents, if any, shall be jointly and severally responsible for the maintenance, establishment, and permanence of plant material. All
landscaping shall be maintained in a neat and orderly manner at all times. This shall include, but not limited to, mowing, edging, pruning, fertilizing, watering, and
other activities necessary for the maintenance of landscaped areas.
21)All plant material shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant material that is damaged, destroyed, or
removed shall be replaced with plant material of similar size and variety within thirty (30) days unless otherwise approved in writing by the Town of Prosper.
22)Landscape and open areas shall be kept free of trash, litter, and weeds.
23)An automatic irrigation system shall be provided to irrigate all landscape areas. Overspray on streets and walks is prohibited. A permit from the Building Inspection
Division is required for each irrigation system.
24)No plant material shall be allowed to encroach on right-of-way, sidewalks, or easements to the extent that the vision or route of travel for vehicular, pedestrian, or
bicycle traffic is impeded.
25)No planting areas shall exceed 3:1 slope (3 ft Horizontal to 1 ft Vertical).
26)Earthen berms shall not include construction debris. Contractor must correct slippage or damage to the smooth finish grad of the berm prior to acceptance.
27)All walkways shall meet ADA and TAS requirements.
28)Contact Town of Prosper Parks and Recreation Division at (972) 569-1160 for landscape inspection. Note that landscape installation must comply with approved
landscape plans prior to final acceptance by the Town and/or obtaining a Certificate of Occupancy.
29)Final inspection and approval of screening walls, irrigation, and landscape is subject to all public utilities, including but not limited to manholes, valves, water meters,
cleanouts, and other appurtenances, to be accessible, adjusted to grade, and to the Town of Prosper’s Public Works Department standards.
30)Prior to calling for a landscape inspection, the contractor is responsible for marking all manholes, valves,
water meters, cleanouts, and other utility appurtenances with flagging for field verification by the Town.
TOWN OF PROSPER GENERAL LANDSCAPE NOTES
7-19-22
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CELP-2
(800) 680-6630
15455 Dallas Pkwy., Ste 600
Addison, TX 75001
www.EvergreenDesignGroup.com
EVERGREEN
D E S I G N G R O U P
1.BY SUBMITTING A PROPOSAL FOR THE LANDSCAPE PLANTING SCOPE OF WORK, THE CONTRACTOR CONFIRMS THAT HE
HAS READ, AND WILL COMPLY WITH, THE ASSOCIATED NOTES, SPECIFICATIONS, AND DETAILS WITH THIS PROJECT.
2.THE GENERAL CONTRACTOR IS RESPONSIBLE FOR REMOVING ALL EXISTING VEGETATION (EXCEPT WHERE NOTED TO
REMAIN).
3.IN THE CONTEXT OF THESE PLANS, NOTES, AND SPECIFICATIONS, "FINISH GRADE" REFERS TO THE FINAL ELEVATION OF
THE SOIL SURFACE (NOT TOP OF MULCH) AS INDICATED ON THE GRADING PLANS.
a.BEFORE STARTING WORK, THE LANDSCAPE CONTRACTOR SHALL VERIFY THAT THE ROUGH GRADES OF ALL
LANDSCAPE AREAS ARE WITHIN +/-0.1' OF FINISH GRADE. SEE SPECIFICATIONS FOR MORE DETAILED INSTRUCTION
ON TURF AREA AND PLANTING BED PREPARATION.
b.CONSTRUCT AND MAINTAIN FINISH GRADES AS SHOWN ON GRADING PLANS, AND CONSTRUCT AND MAINTAIN
SLOPES AS RECOMMENDED BY THE GEOTECHNICAL REPORT. ALL LANDSCAPE AREAS SHALL HAVE POSITIVE
DRAINAGE AWAY FROM STRUCTURES AT THE MINIMUM SLOPE SPECIFIED IN THE REPORT AND ON THE GRADING
PLANS, AND AREAS OF POTENTIAL PONDING SHALL BE REGRADED TO BLEND IN WITH THE SURROUNDING GRADES
AND ELIMINATE PONDING POTENTIAL.
c.THE LANDSCAPE CONTRACTOR SHALL DETERMINE WHETHER OR NOT THE EXPORT OF ANY SOIL WILL BE NEEDED,
TAKING INTO ACCOUNT THE ROUGH GRADE PROVIDED, THE AMOUNT OF SOIL AMENDMENTS TO BE ADDED (BASED
ON A SOIL TEST, PER SPECIFICATIONS), AND THE FINISH GRADES TO BE ESTABLISHED.
d.AFTER INSTALLING SOIL AMENDMENTS IN SHRUB AREAS, AND IN ORDER TO ALLOW FOR PROPER MULCH DEPTH,
ENSURE THAT THE FINISH GRADE IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES IS 3"
BELOW FINISH GRADE, TAPERING TO MEET FINISH GRADE AT APPROXIMATELY 18" AWAY FROM THE SURFACE.
e.AFTER INSTALLING SOIL AMENDMENTS IN TURF AREAS, ENSURE THAT THE FINISH GRADE IN TURF AREAS
IMMEDIATELY ADJACENT TO WALKS AND OTHER WALKING SURFACES IS 1" BELOW FINISH GRADE, TAPERING TO
MEET FINISH GRADE AT APPROXIMATELY 18" AWAY FROM THE SURFACE.
f.SHOULD ANY CONFLICTS AND/OR DISCREPANCIES ARISE BETWEEN THE GRADING PLANS, GEOTECHNICAL REPORT,
THESE NOTES AND PLANS, AND ACTUAL CONDITIONS, THE CONTRACTOR SHALL IMMEDIATELY BRING SUCH ITEMS
TO THE ATTENTION OF THE LANDSCAPE ARCHITECT, GENERAL CONTRACTOR, AND OWNER.
4.ALL PLANT LOCATIONS ARE DIAGRAMMATIC. ACTUAL LOCATIONS SHALL BE VERIFIED WITH THE LANDSCAPE ARCHITECT
OR DESIGNER PRIOR TO PLANTING. THE LANDSCAPE CONTRACTOR SHALL ENSURE THAT ALL REQUIREMENTS OF THE
PERMITTING AUTHORITY ARE MET (I.E., MINIMUM PLANT QUANTITIES, PLANTING METHODS, TREE PROTECTION METHODS,
ETC.).
a.THE LANDSCAPE CONTRACTOR IS RESPONSIBLE FOR DETERMINING PLANT QUANTITIES; PLANT QUANTITIES
SHOWN ON LEGENDS AND CALLOUTS ARE FOR GENERAL INFORMATION ONLY. IN THE EVENT OF A DISCREPANCY
BETWEEN THE PLAN AND THE PLANT LEGEND, THE PLANT QUANTITY AS SHOWN ON THE PLAN (FOR INDIVIDUAL
SYMBOLS) OR CALLOUT (FOR GROUNDCOVER PATTERNS) SHALL TAKE PRECEDENCE.
b.NO SUBSTITUTIONS OF PLANT MATERIALS SHALL BE ALLOWED WITHOUT THE WRITTEN PERMISSION OF THE
LANDSCAPE ARCHITECT. IF SOME OF THE PLANTS ARE NOT AVAILABLE, THE LANDSCAPE CONTRACTOR SHALL
NOTIFY THE LANDSCAPE ARCHITECT IN WRITING (VIA PROPER CHANNELS).
c.THE CONTRACTOR SHALL, AT A MINIMUM, PROVIDE REPRESENTATIVE PHOTOS OF ALL PLANTS PROPOSED FOR
THE PROJECT. THE CONTRACTOR SHALL ALLOW THE LANDSCAPE ARCHITECT AND THE OWNER/OWNER'S
REPRESENTATIVE TO INSPECT, AND APPROVE OR REJECT, ALL PLANTS DELIVERED TO THE JOBSITE. REFER TO
SPECIFICATIONS FOR ADDITIONAL REQUIREMENTS FOR SUBMITTALS.
5.THE CONTRACTOR SHALL MAINTAIN THE LANDSCAPE IN A HEALTHY CONDITION FOR 90 DAYS AFTER ACCEPTANCE BY
THE OWNER. REFER TO SPECIFICATIONS FOR CONDITIONS OF ACCEPTANCE FOR THE START OF THE MAINTENANCE
PERIOD, AND FOR FINAL ACCEPTANCE AT THE END OF THE MAINTENANCE PERIOD.
6.PROVIDE HYDROMULCH FOR ALL DISTURBED LANDSCAPE AREAS OUTSIDE PROPERTY LIMITS.
7.SEE SPECIFICATIONS AND DETAILS FOR FURTHER REQUIREMENTS.
GENERAL GRADING AND PLANTING NOTES
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Item 12.
Page 1 of 1
To:
Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Development Agreement Premium Garages
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon authorizing the Interim Town Manager to execute a Development
Agreement between AMR Prosper Premium Storage LLC, and the Town of Prosper, Texas,
related to the Premium Garages development, located on the west side of Coleman Street south
of Prosper Trail.
Description of Agenda Item:
On September 13, 2022, the Town Council approved the proposed request, by a vote of 6-0. The
purpose of the Development Agreement is for the architectural building materials and certain
business establishments prohibited on the property.
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.
Attachments:
1. Development Agreement
Town Staff Recommendation:
Town staff recommends that the Town Council authorize the Interim Town Manager to execute a
Development Agreement between AMR Prosper Premium Storage LLC, and the Town of Prosper,
Texas, related to the Premium Garages development, located on the west side of Coleman Street
south of Prosper Trail.
Proposed Motion:
I move to authorize the Interim Town Manager to execute a Development Agreement between
AMR Prosper Premium Storage LLC, and the Town of Prosper, Texas, related to the Premium
Garages development, located on the west side of Coleman Street south of Prosper Trail.
Prosper is a place where everyone matters.
PLANNING
Page 105
Item 13.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and
between the Town of Prosper, Texas (“Town”), and AMR Prosper Premium Storage LLC
(“Owner”), with the Town and Owner collectively referred to as “Parties”, and each, a
“Party”, to be effective on the date last executed by any of the Parties (the “Effective
Date”).
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 developing an approximate 11.286-acre tract of land
generally located at the west of Coleman Street and south of Prosper Trail, more
particularly described and depicted in Exhibit A, attached hereto and incorporated by
reference (the “Property”); and
WHEREAS, the Property was rezoned by the Town Council on or about
September 13, 2022, by Ordinance No. 2022-___, and this Agreement seeks to
incorporate, in part, the negotiated and agreed upon development standards contained
in said Ordinance, as may be amended, and/or this Development Agreement, to
recognize Owner’s reasonable investment-backed expectations in the development of 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 not lease, sell or otherwise permit or authorize on the Property
any business enterprises engaging in those businesses referenced in Paragraph 1,
below.
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. Certain Business Establishments Prohibited on the Property. Owner
agrees and acknowledges that it will not lease, sell or otherwise permit or authorize on
the Property any of the following business establishments: (1) credit access businesses,
as defined in Texas Finance Code § 393.601, as amended, including but not limited to
payday lending businesses, “cash for title” lenders, and credit services businesses, as
defined in Texas Finance Code § 393.001, as amended); (2) body art facilities; (3) smoke
or vape shops; (4) any business entity that sells drug paraphernalia; (5) any business
establishment offering gaming or slot machines; (6) sex shops, including but not limited
to business entities whose primary purpose is the sale of lewd merchandise; (7) pawn
shops; and (8) business entities which primarily utilize outdoor storage or
displays. Additionally, Owner agrees and acknowledges that it will not lease, sell or
otherwise permit or authorize on the Property a package liquor store, which for purposes
of this Agreement is defined as any business entity that is currently required to obtain a
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Item 13.
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Package Store Permit (P) from the Texas Alcoholic Beverage Commission fo r the off-
premises consumption of alcohol.
2.Building Materials and Architectural Features. For any structure built on
the Property following the Effective Date, it shall comply with the requirements contained
in Exhibit B (i.e., the elevations for the Property) attached hereto and incorporated herein.
The Parties agree and acknowledge that the provisions of this Paragraph shall apply to
any structure constructed subsequent to the execution of this Agreement.
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 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 construct all structures
on the Property in accordance with all applicable Town ordinances and
building/construction codes, whether now existing or arising prior to such construction in
the future.
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) an d 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:
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Item 13.
3
If to the Town: 250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to Owner: AMR Prosper Premium Storage LLC
200 Crescent Court, Suite 240
Dallas, Texas 75201
Attention: Rush Graves and Jenna Alame
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 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 or pdf of a duly executed
counterpart of this Agreement shall be sufficient to evidence the binding agreement of
each party to the terms herein.
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 Interim Town Manager of the Town to execute this Agreement on
behalf of the Town.
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 non-binding
mediation.
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Item 13.
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14. Notification of Sale or Transfer; Assignment of Agreement. 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 any
Assignee, 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 or
pdf 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, if any, required by the Town in this
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Item 13.
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Agreement are roughly proportional or roughly proportionate to the proposed
development’s anticipated impact. Owner specifically reserves any 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, if any, imposed by this Agreement as of the Effective Date.
20. Waiver of Texas Government Code § 3000.001 et seq. With respect to
the improvements constructed on the Property pursuant to this Agreement and the
building materials and architectural features referenced in Paragraph 2, Owner hereby
waives any right, requirement or enforcement of Texas Government Code §§ 3000.001-
3000.005.
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 infrastructure requirements, if any, imposed by this
Agreement as of the Effective Date. 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 infrastructure requirements, if any,
imposed by this Agreement as of the Effective Date.
22. INDEMNIFICATION. TO THE EXTENT ALLOWED BY LAW, OWNER
AGREES TO RELEASE, DEFEND, INDEMNIFY, AND HOLD HARMLESS THE TOWN
(AND ITS OFFICERS, AGENTS, AND EMPLOYEES) FROM AND AGAINST ALL
CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING DEATH),
PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND ANY OTHER LOSSES,
DEMAND, SUITS, JUDGMENTS AND COSTS, INCLUDING REASONABLE
ATTORNEYS’ FEES AND EXPENSES, IN ANY WAY ARISING OUT OF, RELATED
TO OR RESULTING FROM OWNER’S PERFORMANCE OR NON-PERFORMANCE
UNDER THIS AGREEMENT, OR CAUSED BY ITS NEGLIGENT ACTS OR
OMISSIONS (OR THOSE OF ANY OF ITS RESPECTIVE OFFICERS, AGENTS,
EMPLOYEES, OR ANY OTHER THIRD PARTIES FOR WHOM OWNER IS LEGALLY
RESPONSIBLE) IN CONNECTION WITH PERFORMING THIS AGREEMENT,
UNLESS SUCH CLAIMS OR CAUSES OF ACTION FOR INJURIES (INCLUDING
DEATH), PROPERTY DAMAGES (INCLUDING LOSS OF USE), AND/OR ANY
OTHER LOSSES, DEMAND, SUITS, JUDGMENTS AND COSTS AROSE FROM THE
GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE TOWN AND/OR ITS
OFFICERS, AGENTS, AND/OR EMPLOYEES.
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Item 13.
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23. Approval of Counsel. In its reasonable discretion, the Town shall have
the right to approve counsel to be retained by Owner in fulfilling its obligation hereunder
to defend and indemnify the Town. The Town reserves the right to provide a portion or
all of its own defense, at its sole cost; however, the Town is under no obligation to do so.
Any such action by the Town is not to be construed as a waiver of Owner’s obligation to
defend the Town or as a waiver of Owner’s obligation to indemnify the Town pursuant to
this Agreement. Owner shall retain Town-approved defense counsel within ten (10)
business days of the Town’s written notice that the Town is invoking its right to
indemnification under this Agreement.
24. Survival. Paragraph 22, “Indemnification,” and Paragraph 23, “Approval
of Counsel,” shall survive the termination of this Agreement.
25. 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.
26. 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 Property; however, the failure to provide such copies shall not
affect the validity of any amendment.
27. Miscellaneous Drafting Provisions. This Agreement shall be deemed
drafted equally by all Parties hereto. The language of all parts of this Agreemen t 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
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Item 13.
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IN WITNESS WHEREOF, the Parties have caused this document to be executed
as of the date referenced herein.
TOWN:
THE TOWN OF PROSPER, TEXAS
By: ___________________________
Name: Ron Patterson
Title: Interim Town Manager, Town of Prosper
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
_______________, 2022, by Ron Patterson, Interim 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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Item 13.
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OWNER:
AMR PROSPER PREMIUM STORAGE LLC
By: ___________________________
Name: Gordon Rush Graves, Jr.
Title: Manager
STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was acknowledged before me on the ___ day of
_______________, 2022, by Gordon Rush Graves, Jr., Manager of AMR Prosper
Premium Storage LLC, a Texas limited liability company, on behalf of the foregoing
limited liability company.
_____________________________________
Notary Public, State of Texas
My Commission Expires: _________________
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Item 13.
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EXHIBIT A
(Property Description)
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Item 13.
26'-0"27'-0"25'-0"28'-0"UNIT #1 UNIT #2 UNIT #3 UNIT #4 UNIT #5
UNIT #6 UNIT #9UNIT #8UNIT #7 UNIT #10
SHEET Checked By:Date:Project Name:Project No:Drawn By:02/24/20222291-000Revisions:AMR PREM.LMLMLAURIE MURPHY ARCHITECT PLLC c 2022 Laurie Murphy Architect3013 Damsel Sauvage Ln, Lewisville, TX 75056817-501-9544Lmurphy@Lmurphyarchitect.comwww.Lmurphyarchitect.comAMR PREMIUM STORAGECOLEMAN STREETPROSPER, TEXAS 75078A1.3
LUXURY OFFICE / WAREHOUSE OVERALL STREET ELEVATION
1/16"=1'-0"
1
A1.3
LUXURY OFFICE / WAREHOUSE 1 THRU 5 STREET ELEVATION
3/16"=1'-0"
2
A1.3
LUXURY OFFICE / WAREHOUSE 6 THRU 10 STREET ELEVATION
3/16"=1'-0"
3
A1.3Exhibit BPage 115Item 13.
14'-0"A B C D
17'-3"2'-0"8'-0"3'-4"6'-0"25'-0"1'-612"25'-0"25'-0"25'-0"
TRACK PROTECTOR
EACH SIDE
BOLLARD, TYPICAL
(2) FOR EACH
OVERHEAD DOOR
FOUNDATION, REF.
STRUCT.
CANOPY
CAP FLASHING,
PRE-FINISHED
CORNICE, PTD.
1:12 SLOPE METAL BLDG.
ROOF PANELS OVER 8"
PURLINS PER METAL BLDG.
VENDOR W/ R-30 INSULATION
8" GIRTS BY METAL
BLDG. VENDOR W/
METAL PANELS AT
INTERIOR & R-19
INSULATION
COLUMN IN WALL
PER METAL BLDG.
VENDOR
18FTX14FT
INSULATED COILING
GARAGE DOOR
GUTTER &
DOWNSPOUT
BEYOND PER METAL
BLDG. VENDOR
STOREFRONT
WINDOWS
BRICK
8" GIRTS BY METAL
BLDG. VENDOR W/
METAL PANELS AT
BOTH SIDES & R-19
INSULATION
SEPARATION WALL: 4" C'S WITH
R-13 INSULATION & METAL
PANELS EACH SIDE
11'-0"9'-878"FUTURE MEZZANINE
BY TENANT1'-10"CLR.UNIT #11 UNIT #12 UNIT #14UNIT #13 26'-0"27'-0"25'-0"28'-0"SHEET Checked By:Date:Project Name:Project No:Drawn By:02/24/20222291-000Revisions:AMR PREM.LMLMLAURIE MURPHY ARCHITECT PLLC c 2022 Laurie Murphy Architect3013 Damsel Sauvage Ln, Lewisville, TX 75056817-501-9544Lmurphy@Lmurphyarchitect.comwww.Lmurphyarchitect.comAMR PREMIUM STORAGECOLEMAN STREETPROSPER, TEXAS 75078A1.4LUXURY OFFICE / WAREHOUSE TYPICAL BUILDING SECTION
1/4"=1'-0"
2
A1.4
LUXURY OFFICE / WAREHOUSE 11 THRU 14 STREET ELEVATION
3/16"=1'-0"
1
A1.4
Exhibit BPage 116Item 13.
Page 1 of 2
ENGINEERING SERVICES
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Interim Executive Director of Development and
Infrastructure Services
Through: Ron K. Patterson, Interim Town Manager
Re: No Parking – Prince William Lane
Town Council Meeting – September 27, 2022
____________________________________________________________________________
Agenda Item:
Consider and act upon an ordinance amending the no parking zone on Prince William Lane from
Coleman Street to south of Highbridge Lane.
Description of Agenda Item:
At the July 26, 2022, Town Council meeting, the Town Council adopted an ordinance that
established a no parking zone on Prince William Lane from Coleman Street to Highbridge Lane.
The establishment of the no parking zone was in response to complaints received regarding
parents parking along Prince William Lane south of Coleman Street near Prosper High School,
blocking traffic. However, the parking restriction times from 7AM-9AM and 2PM-4PM, were based
on the school hours at a middle school campus and not at a high school campus.
To adequately address the issue at Prosper High School, the no parking zone restriction times
need to be changed to 7:30AM-9:30AM and 2:45PM-4:45PM. In addition, to provide increased
visibility and safety at the intersection of Prince William Lane and Highbridge Lane, the limits of
the no parking zone will be extended 100 feet south of Highbridge Lane.
Budget Impact:
The estimated cost for signs and poles is $600 and will be purchased from the Streets Department
FY2022 Adopted Budget (Account Number 100-5640-50-01).
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the ordinance as to form and
legality.
Attachments:
1. Location Map
2. No Parking Ordinance
Town Staff Recommendation:
Town staff recommends that the Town Council adopt an ordinance amending the no parking zone
on Prince William Lane from Coleman Street to south of Highbridge Lane.
Page 117
Item 14.
Page 2 of 2
Proposed Motion:
I move to adopt an ordinance amending the no parking zone on Prince William Lane from
Coleman Street to south of Highbridge Lane.
Page 118
Item 14.
Location MapProposed No Parking Zone on Prince William Lane south of Coleman Street:7:30AM – 9:30AM2:45PM – 4:45PM School DaysPage 119Item 14.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING DIVISION 2, “NO-PARKING ZONES,” OF ARTICLE
12.05, “PARKING, STOPPING AND STANDING,” OF CHAPTER 12,
“TRAFFIC AND VEHICLES,” OF THE CODE OF ORDINANCES OF THE
TOWN OF PROSPER, TEXAS, BY AMENDING SECTION 12.05.035,
“PRINCE WILLIAM LANE,” TO PROHIBIT PARKING ON A PORTION OF
PRINCE WILLIAM LANE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE
OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the Town of Prosper, Texas (“Town”), is a home-rule municipal corporation
duly organized under the laws of the State of Texas; and
WHEREAS, the Texas Transportation Code, as amended, provides that the governing
body of a municipality may adopt parking regulations; and
WHEREAS, the Town has investigated and determined that a no-parking zone on Prince
William Lane, as more fully described herein, is both warranted and prudent, and it is the desire
of the Town to adopt the following regulations related thereto.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
Existing Division 2, “No-Parking Zones,” of Article 12.05, “Parking, Stopping and
Standing,” of Chapter 12, “Traffic and Vehicles,” of the Code of Ordinances is hereby amended
by amending Section 12.05.035, “Prince William Lane,” to read as follows:
“ARTICLE 12.05 PARKING, STOPPING AND STANDING
* * *
Division 2. No-Parking Zones
* * *
Sec. 12.05.035 Prince William Lane
There shall be no parking on both sides of Prince William Lane from its intersection with Coleman
Street one-hundred feet (100’) south of the intersection of Highbridge Lane, from 7:30 a.m. until
9:30 a.m. and from 2:45 p.m. until 4:45 p.m. on school days. A person commits an offense by
violating any provision of this section.”
Page 120
Item 14.
Ordinance No. 2022-__, Page 2
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason,
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town of Prosper hereby
declares that it would have passed this Ordinance, and each section, subsection, clause or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
and phrases be declared unconstitutional.
SECTION 5
Any person, firm or corporation violating any of the provisions or terms of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by fine not to
exceed the sum of five hundred dollars ($500.00) for each offense.
SECTION 6
This Ordinance shall become effective after its passage and publication, as required by
law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 27TH DAY OF SEPTEMBER, 2022.
APPROVED:
___________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michell Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_____________________________________
Terrence S. Welch, Town Attorney
Page 121
Item 14.
Page 1 of 1
To: Mayor and Town Council
From: Robyn Battle, Executive Director of Community Services
Through: Ron K. Patterson, Interim Town Manager
Re: Crisis Communications Services
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon approving a Services Agreement with Strategies 360, Inc., for Strategic
Communications Planning and Crisis Communications Services, and authorizing the Interim
Town Manager to execute the same.
Description of Agenda Item:
The Town engaged Strategies 360, Inc., for Crisis Communications Services in May 2022 for an
initial term of five months. The proposed Services Agreement will provide for continued services
from October 1, 2022, through September 30, 2023, with an option to renew annually.
Strategies 360 supports the current Communications staff by providing the Town with crisis
communication consulting services, media training, and on-call media relations services as
needed. The firm has demonstrated a high level of responsiveness and has established a positive
relationship with Town staff and officials.
Budget Impact:
The cost of services is $5,000 per month ($60,000 annually). Funding is available in the
Communications Professional Services account 100-5410-10-06 or Non-Departmental
Contracted Services 100-5480-10-99.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the proposed agreement as to form
and legality.
Attached Documents:
1. Services Agreement
Town Staff Recommendation:
Town staff recommends the Town Council approve a Services Agreement with Strategies 360,
Inc., for Strategic Communications Planning and Crisis Communications Services, and
authorizing the Interim Town Manager to execute the same.
Proposed Motion:
I move to approve a Services Agreement with Strategies 360, Inc., for Strategic Communications
Planning and Crisis Communications Services, and authorize the Interim Town Manager to
execute the same.
Prosper is a place where everyone matters.
COMMUNICATIONS
Page 122
Item 15.
• Strategies 360 • 1505 Westlake Ave N • Suite 1000 • Seattle, WA98109 • 206.282.1990 •
SERVICES AGREEMENT
Town of Prosper, Texas
This services agreement (“Agreement”) is entered into by and between Strategies 360, Inc.
(“Consultant”) with its principal offices at 1505 Westlake Ave N, Suite 1000, Seattle, Washington,
98109, and The Town of Prosper, Texas (“Client”), with its principal address being P.O. Box
307 Prosper, Texas 75078, hereinafter sometimes referred to collectively as the (“Parties”).
RECITALS
A. Client wishes to contract with Consultant to provide services in the field of Strategic
Communications Planning and Crisis Communications Services on the terms and
conditions set forth herein.
B. Consultant is willing to perform such services in accordance with this Agreement.
In consideration of the mutual promises and agreements contained herein, the Parties agree as
follows:
1. Scope of Services. Consultant is retained and appointed to implement the services outlined
in the attached Appendix A (“Services”), which are designed to accomplish the objectives
of the Client. Consultant shall use Consultant’s best efforts to perform the Services such
that the results are satisfactory to Client.
2. Contract Administration; Communications. Consultant's employees will be responsible for
performing the Services under this Agreement. Client and Consultant shall identify and
maintain a mutually agreeable communication process to keep Client fully and currently
informed about activities of Consultant on behalf of Client. Consultant will work closely
with other consultants, team members, and related organizations and individuals as
designated by Client, and as necessary to accomplish the objectives of the Client.
- Primary Strategies 360 Contact: Marc Rylander (MarcR@Strategies360.com])
- Primary Client Contact: Robyn Battle, Executive Director of Community Services
(RBattle@ProsperTX.gov)
3. Compensation. Consultant will perform the Services described in this Agreement for
a fee of $5,000 per month from October 1, 2022 (“Effective Date”) through September
30, 2023 (“Termination Date”) with option for annual renewal.
Page 123
Item 15.
• Strategies 360 • 1505 Westlake Ave N • Suite 1000 • Seattle, WA98109 • 206.282.1990 •
Page 1 of 7
Except as otherwise provided, Consultant’s fees for service do not include additional costs
deemed necessary by Client such as creating and printing materials, conducting public
opinion research (e.g. polling), and providing other strategic and/or support services as
requested by the Client. Client shall be responsible for applicable state or local sales or
excise taxes associated with the Services, if any.
4. Expenses. In addition to compensation payable to Consultant pursuant to this Agreement,
Client will reimburse Consultant for costs and disbursements incurred in performing the
Agreement including, but not limited to, transportation and travel costs, food, lodging and
automobile mileage at the applicable federal rate per business mile, and for necessary
entertainment. Consultant shall include an accounting of costs and disbursements and the
amount owed on the periodic statements rendered to Client. Total monthly charges to
Client under this section of the Agreement will not exceed 10% of monthly service retainer
without advance approval from Client.
5. Payment.
Consultant shall send monthly invoices to the Client on the first day of each month of
service for the fees jointly agreed by the Parties. Client shall pay Consultant’s fees in full
within 30 days of receipt (“Due Date”).
- Strategies 360 Billing Contact: Janice Leevin [janicel@strategies360.com]
- Town of Prosper, Texas Billing Contact: Ivonne Ruiz [ap@prospertx.gov]
Payment terms are Net 30. If any invoiced amount is not received by Consultant by the Due
Date, those charges may accrue late interest at the rate of 2% of the outstanding balance per
month, or the maximum rate permitted by law, whichever is lower.
Consultant will not exercise these rights if Client disagrees with the applicable charges
reasonably and in good faith and is cooperating diligently to resolve the disagreement.
6. Terms of Service and Termination. This Agreement will commence on the Effective Date.
Either Party may terminate this Agreement without cause by providing the other Party 30
days’ notice in writing. Upon termination, Consultant will render Client an invoice and
within 15 days after receipt of said invoice, Client shall pay Consultant in full whatever
sums may be due for work performed.
7. Confidential Matters and Proprietary Information. The Consultant shall keep in confidence
all information that may be acquired in connection with or as a result of the Agreement.
The Consultant shall not publish, communicate, divulge, disclose or use any of such
information, which has been designated by Client as proprietary or confidential or which
from the surrounding circumstances in good conscience ought to be treated by the
Consultant as proprietary or confidential, without the prior written consent of Client. Upon
termination or expiration of the Agreement, the Consultant shall deliver all relevant
records, data, information, and other documents and all copies thereof requested by Client,
which shall remain the property of Client.
Page 124
Item 15.
• Strategies 360 • 1505 Westlake Ave N • Suite 1000 • Seattle, WA98109 • 206.282.1990 •
Page 2 of 7
8. Conflict of Interest. The Consultant has performed an internal conflict of interest check
and determined that there is not a conflict of interest under Consultant policy as between
the work to be performed under this Agreement and that work performed for other clients
of the Consultant's state or local branch office which is managing this
Agreement. Consultant shall advise if such a conflict arises in the future.
9. Intellectual Property. To the extent Consultant’s work includes the creation or
modification of any intellectual property in any medium including print, design, video,
audio, digital or otherwise, upon completion of the work and expressly conditioned upon
full payment of all fees and costs due, Consultant grants to Client limited usage
rights of the final content as provided to Client. These rights shall include the right for
Client to modify such work. All other rights, including copyrights, are reserved by
Consultant. In the event the Consultant’s work is for creation or modification of Client’s
trademark content, conditioned upon full payment of all fees and costs due, Consultant
assigns to Client all rights to such trademarks except that Consultant may utilize such
trademark in its own marketing and educational materials. Consultant shall cooperate with
Client and shall execute any additional documents reasonably requested by Client to
evidence such assignment. Client shall be solely responsible for ensuring any trademarks or
domain names do not conflict with the rights of any third party. Client shall also be solely
responsible for registering all such trademark or domain names and for any other steps
necessary to protect such trademark or domain name along with any related regulatory
compliance. The costs of such screening of trademarks or domain names, registration, and
other measures shall be born solely by Client. Client shall have sole responsibility for
ensuring that trademarks, intellectual property or other content provided by Client to
Consultant do not infringe the rights of third parties, and Client shall indemnify, save and
hold harmless Consultant from any and all damages, liabilities, costs, losses or expenses
arising out of any claim, demand, or action by a third party alleging such infringement.
10. Independent Contractor. In all matters relating to this Agreement, the Consultant shall be
acting as an independent contractor. The Consultant is not an employee of Client under the
meaning or application of any federal or state unemployment insurance or workers’
compensation laws, and the Consultant shall assume all liabilities and obligations imposed
by any one or more of such laws. Consultant will work with the Client to determine the
time, the place and the manner in which it will accomplish its services.
11. Entire Agreement. This Agreement constitutes the entire agreement between Client and the
Consultant in regard to the subject matter hereof and supersedes all prior or
contemporaneous communications, representations, or agreements, whether oral or written,
with respect thereto. No agreements hereafter made between the parties shall be binding on
either party unless reduced to writing and signed by authorized representatives of the
parties.
12. Governing Law and Venue. This Agreement will be governed by and construed in
accordance with the laws of the State of Washington applicable to agreements made and to
Page 125
Item 15.
• Strategies 360 • 1505 Westlake Ave N • Suite 1000 • Seattle, WA98109 • 206.282.1990 •
Page 3 of 7
be entirely performed within the State of Washington, without resort to its conflict of law
provisions. The state or federal court in King County, Washington will be the jurisdiction
in which any suits should be filed if they relate to this Agreement.
13. Non-Solicitation of Consultant Employees. During the Term of this Agreement and for a
period of one (1) year after the termination of this Agreement, Client will not solicit,
induce, recruit or encourage directly or indirectly (nor will Client direct, encourage or assist
anyone else to solicit, induce, recruit or encourage) any of the Consultant’s employees to
terminate their employment with Consultant or to work elsewhere.
14. Indemnification and Insurance. To the extent authorized by Texas law, Client shall
indemnify, defend, and hold harmless Consultant and its directors, officers, and employees
from any and all claims arising from or in connection with the performance of services
including but not limited to statutory violations, Contractor's independent contractor status,
or for injury or death of any and all persons whatsoever and from any and all damage to
property. Client and Consultant warrant that they each carry workers' compensation,
comprehensive liability, automobile, and other insurance with reasonable coverage and in
reasonable amounts sufficient to insure against anticipated risks in connection with services
under this Agreement.
15. Warranty and Limitation of Damages. Consultant shall seek to carry out the Services in
accordance with good industry practice and in a professional manner. However, the
Services and other work is provided “AS IS” and no express or implied warranty or
guarantee is made and all such warranties, including merchantability and fitness for a
particular purpose, are specifically disclaimed. Consultant’s liability of any nature to
Client shall be limited to the amount of the net profits of Consultant in performing services
under this Agreement. Consultant shall not be liable for any indirect, special, incidental,
punitive, or consequential damages of any kind including, but not limited to lost profits,
lost data, loss of goodwill or business interruption.
16. Counterparts. This Agreement may be executed in counterparts by exchange of signature
pages by mail, facsimile, email or other electronic means, each of which will be deemed an
original and all of which will together constitute the same instrument.
By executing this Agreement each signatory affirms that they have read, understand and agree
with its terms, and that each has the full power and authority to enter this Agreement on behalf of
the entity for which they have signed.
Page 126
Item 15.
• Strategies 360 • 1505 Westlake Ave N • Suite 1000 • Seattle, WA98109 • 206.282.1990 •
Page 4 of 7
Executed in the County of King, Washington:
For: STRATEGIES 360, INC.
1505 Westlake Ave N, Suite 1000
Seattle, Washington 98109
TEL: 206/282-1990 FAX: 206/282-2704
By: _________________________________ Date: ______________________
Ron Dotzauer, CEO
For: Town of Prosper
250 W. First Street
Prosper, TX 75078
TEL: 972-569-1011 FAX: [972-346-9335]
By: _________________________________ Date:
[Ron K. Patterson, Interim Town Manager]
September 21, 2022
Page 127
Item 15.
• Strategies 360 • 1505 Westlake Ave N • Suite 1000 • Seattle, WA98109 • 206.282.1990 •
Page 5 of 7
Appendix A
TOWN OF PROSPER, TEXAS
Communications Services Scope of Work
Conduct ongoing assessment of the Town’s current communication readiness, training, and
processes, and make recommendations for action and improvement:
Strategies 360 SVP for Communications for Texas, Marc Rylander, will meet
individually or collectively with the Mayor, Council, Town Manager, Executive
Director(s), Police Chief, Fire Chief, Communications Manager, and others, as needed, to
maintain strong and open communications which will help develop communication
processes as the Town continues its exponential growth. From these meetings/
discussions, an assessment will be made of current overall communications readiness and
recommendations for improvement will follow.
Conduct strategic consultation meetings with Town officials on crisis communication/issues
management mitigation and response and prepare a minimum of one (1) annual tabletop
exercise to expose staff and elected officials to different crisis scenarios.:
Strategies 360 will meet individually or collectively with the Town Manager, Executive
Directors, Police Chief, Fire Chief, Communications Manager, and others to identify
current crisis communications protocol and, from that, work towards developing a
comprehensive crisis communications strategy that will have immediate implementation.
Strategies 360 will continually review crisis response as the Town experiences such
occurrences and will conduct a minimum of one (1) annual crisis response exercise by
September 30, 2023 to expose staff and elected officials to potential crisis threats or
situations that could occur and might include mass casualties, loss of life, major structural
damage, or loss of normal communications mediums.
Maintain a media contact database for the Town of Prosper:
Strategies 360 will regularly review and update the media database for the Town of
Prosper. While anyone is welcome to join this distribution list, a concerted effort will be
placed on maintaining email information for correspondents, reporters, and writers who
cover Collin County stories for the four network television affiliate stations, the two
largest Spanish-speaking affiliates, the news radio stations in the area, and for the major
Dallas and Collin County newspapers. Furthermore, this list will include elected officials
and staff in their district offices, as well as any state or national media/press
representatives who tend to cover news stories in this region.
Training for Town staff and elected officials on non-crisis interaction with the media and
on social media platforms (two or more sessions by September 30, 2023):
Page 128
Item 15.
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Page 6 of 7
Strategies 360 will prepare and present materials for ongoing media and social media
training sessions for all Town officials who have such interaction in their official
capacities. This will include training sessions for elected officials, the Town manager,
Directors, Chiefs, and departmental communicators. These trainings will take place at a
time determined by the Town Manager, and/or Executive Director of Community
Services.
On-call media relations services in the event of a crisis:
Strategies 360 SVP for Communications for Texas, Marc Rylander, will serve as the
backup on-call communications contact for the Town at all times. He will be ready to
engage during any unplanned activity in the Town that could be press-worthy when
contacted. In the event that the Communications Manager is off-duty, he will serve as the
primary person on-call. He will work with the Town Manager and Fire and Police Chiefs
in Prosper (and surrounding communities, if applicable) during such situations to create
and execute an immediate crisis communications strategy—within the structure of the
newly-updated Town Crisis Communications Policy.
In-person or virtual presence in the Town’s Emergency Operations Center (EOC):
Strategies 360 will be available to coordinate with Town officials and assist with any
media activity on the scene or in an Emergency Operations location in the immediate
aftermath any major police or fire event, catastrophic event, or natural disaster in the
Town.
Preparing and distributing public statements and media releases:
Strategies 360 will review and/or edit initial drafts of all press releases, media advisories,
and statements issued by the Town during a crisis situation. They will work collectively
with the Mayor and Council, Town Manager, Chiefs, and/or Directors to maintain
accuracy and consistency in statements that are issued for public distribution or as
response to inquiries from credentialed media/press agencies.
Coordinating press conferences and preparing Town spokespersons or elected officials for
media interviews and/or press conferences:
Strategies 360 will organize, alert the press, and conduct press conferences for any acute
newsworthy activities in the Town. They will communicate with Town, Police, and Fire
Administration to coordinate and carry-out these meetings with the media/press. They
will also be available to assist with any media activity on the scene at any police and/or
fire event in the Town.
Strategies 360 will train existing staff that currently functions or will function as the
Public Information Officer(s), as well as anyone from the Town who would speak at a
Page 129
Item 15.
• Strategies 360 • 1505 Westlake Ave N • Suite 1000 • Seattle, WA98109 • 206.282.1990 •
Page 7 of 7
press conference on behalf of the Town of Prosper during the contracted period of this
agreement. They will have ongoing communications with the media, organize media
activity in the Town, determine what information will be distributed from the Town and
to whom it will be distributed, and will monitor and provide input on any/all social media
activity by the Town.
Evaluate regular scheduled press/media, social media, and newsletter articles:
Strategies 360 will obtain Town events scheduling at a regularly scheduled meeting with
the Communications team and will evaluate messaging and media strategy related to
Town events, as needed.
Review websites and monitoring social media for updates and changes:
The Strategies 360 team will monitor and offer update suggestions of all electronic
platforms of the Town. This includes but is not limited to websites and social media
platforms.
Page 130
Item 15.
Page 1 of 2
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Ron K. Patterson, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Community Engagement Committee Alternate Member
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon an ordinance amending Section 1.04.039 of Division 3, “Community
Engagement Committee” (CEC) of Article 1.04 of the Town's Code of Ordinances by providing for
the appointment of an alternate to the Community Engagement Committee (CEC).
Description of Agenda Item:
The Town Council approved an ordinance at its September 13, 2022, meeting establishing the
Community Engagement Committee (CEC) as a formal standing advisory committee to the Town
Council. The Committee is composed of eleven members with staggering terms.
The proposed ordinance would provide for the appointment of an alternate member to serve in
absence of a regular member. The alternate member would serve for the same period and be
subject to removal in the same manner as the regular member. A vacancy is also filled in the
same manner as a regular member, and the alternate may attend, participate, and serve in any
meeting of the Committee.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the proposed ordinance as to form
and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance amending Section 1.04.039 of
Division 3, “Community Engagement Committee” (CEC), of Article 1.04 of the Town’s Code of
Ordinances by providing for the appointment of an alternate to the Community Engagement
Committee (CEC).
Prosper is a place where everyone matters.
TOWN SECRETARY
Page 131
Item 16.
Page 2 of 2
Proposed Motion:
I move to approve an ordinance amending Section 1.04.039 of Division 3, “Community
Engagement Committee” (CEC), of Article 1.04 of the Town’s Code of Ordinances by providing
for the appointment of an alternate to the Community Engagement Committee (CEC).
Page 132
Item 16.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 1.04.039, “NUMBER OF MEMBERS,” OF
DIVISION 3, “COMMUNITY ENGAGEMENT COMMITTEE,” OF ARTICLE 1.04,
“BOARDS, COMMISSIONS AND COMMITTEES,” OF CHAPTER 1, “GENERAL
PROVISIONS,” OF THE TOWN’S CODE OF ORDINANCES BY PROVIDING
FOR THE APPOINTMENT OF AN ALTERNATE TO THE COMMUNITY
ENGAGEMENT COMMITTEE; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Prosper Town Council appointed the Community Engagement
Committee in December 2020 as an ad hoc committee for the purpose of enhancing the Town’s
community engagement efforts; and
WHEREAS, the Community Engagement Committee has held monthly meetings since
March 2021 and has made continual progress in developing new initiatives to engage and inform
Town residents; and
WHEREAS, on or about September 13, 2022, the Prosper Town Council established the
Community Engagement Committee as a formal standing advisory committee to the Town
Council; and
WHEREAS, the Town Council wishes to provide for the appointment of an alternate to the
Community Engagement Committee, as more fully described herein.
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, Section 1.04.039, “Number of
Members,” of Division 3, “Community Engagement Committee,” of Article 1.04, “Boards,
Commissions and Committees,” of Chapter 1, “General Provisions,” of the Town of Prosper Code
of Ordinances, is hereby amended to read as follows:
“DIVISION 3. COMMUNITY ENGAGEMENT COMMITTEE
* * *
Page 133
Item 16.
Ordinance No. 2022-__, Page 2 of 4
Sec. 1.04.039 Number of members.
(a) The Community Engagement Committee shall be composed of eleven members appointed
by the Town Council. Members of the Community Engagement Committee shall be a
resident of the town or reside within the town's extraterritorial jurisdiction.
(b) The members shall serve at the pleasure of the Town Council and may be removed at the
discretion of the Town Council.
(c) The Community Engagement Committee shall have one (1) alternate member appointed
by the Town Council to serve in the absence of a regular member. The alternate member
serves for the same period as a regular member and is subject to removal in the same
manner as a regular member. A vacancy in the alternate member position is filled in the
same manner as a vacancy among the regular members. An alternate member
nevertheless may attend and participate in any meeting of the Committee and serves upon
the same terms and conditions as a regular member.
* * *”
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.
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 27TH DAY OF SEPTEMBER, 2022.
___________________________________
ATTEST: David F. Bristol, Mayor
_________________________________
Michelle Lewis-Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Page 134
Item 16.
Ordinance No. 2022-__, Page 3 of 4
_________________________________
Terrence S. Welch, Town Attorney
Page 135
Item 16.
Page 1 of 1
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Ron K. Patterson, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Board and Commission Term Limits
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon an ordinance amending Division 1 of Article 1.04, "Board, Commissions,
and Committees", of Chapter 1 of the Town's Code of Ordinances by providing for term limits for
members of Town Boards, Commissions, and Committees.
Description of Agenda Item:
The Town’s Boards, Commissions, and Committees upon appointment currently serve two (2)
year terms. If the Town Council desires, the proposed ordinance would provide for terms limits
for members of the Town Boards, Commissions, and Committees. A member would be limited to
serve three (3) consecutive two (2) year terms. If approved by the Town Council, everyone
currently with a term would have three (3) full two (2) year terms to serve beginning October 1,
2022.
Budget Impact:
There is no budgetary impact affiliated with this item.
Legal Obligations and Review:
Terrence Welch of Brown & Hofmeister, L.L.P., has reviewed the proposed ordinance as to form
and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends the Town Council approve an ordinance amending Division 1 of Article
1.04, "Board, Commissions, and Committees", of Chapter 1 of the Town's Code of Ordinances
by providing for term limits for members of Town Boards, Commissions, and Committees.
Proposed Motion:
I move to approve an ordinance amending Division 1 of Article 1.04, "Board, Commissions, and
Committees", of Chapter 1 of the Town's Code of Ordinances by providing for term limits for
members of Town Boards, Commissions, and Committees.
Prosper is a place where everyone matters.
TOWN SECRETARY
Page 136
Item 17.
Ordinance No. 2022-__, Page 1 of 4
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-__
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING DIVISION 1, “GENERALLY,” OF ARTICLE 1.04,
“BOARDS, COMMISSIONS AND COMMITTEES,” OF CHAPTER 1, “GENERAL
PROVISIONS,” OF THE TOWN’S CODE OF ORDINANCES BY PROVIDING
FOR TERM LIMITS FOR MEMBERS OF TOWN BOARDS, COMMISSIONS AND
COMMITTEES; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS
ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION
HEREOF.
WHEREAS, the Town Charter, the Town’s Code of Ordinance as well as certain
provisions of state law allow for the appointment of residents and others to boards, commissions
and committees established by the Town; and
WEHREAS, not unlike Town Councilmembers who are subject to Town Charter-imposed
term limitations, it is the desire of the Prosper Town Council to provide for term limits for members
appointed to Town boards, commissions and committees; and
WHEREAS, the Town Council believes that term limitations serve a valuable community
and public interest and are therefore advisable.
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, Division 1, “Generally,” of Article 1.04,
“Boards, Commissions and Committees,” of Chapter 1, “General Provisions,” of the Town of
Prosper Code of Ordinances, is hereby amended to read as follows:
“DIVISION 1. GENERALLY
Sec. 1.04.001 Term Limits for Members of Town Boards, Commissions and Committees.
(a) No person shall serve as a member of a Town board, commission or committee for more
than three (3) consecutive appointive terms.
(b) For purposes of this section and computing the limitations on terms:
(1) A Town board, commission or committee member , who vacates, for any reason,
his or her office before the end of the term for which he or she was appointed, shall be
considered to have completed that term.
Page 137
Item 17.
Ordinance No. 2022-__, Page 2 of 4
(2) An appointment to fulfill an unexpired Town board, commission or committee
term shall be computed as follows:
(i) if fifty percent (50%) or more of the term is remaining, it shall be included
in the computation of term limits; or
(ii) if less than fifty percent (50%) of the term is remaining, it shall not be
included in the computation of term limits.
(c) Any Town board, commission or committee member who is ineligible for appointment to
the Town board, commission or committee to which he or she was appointed due to the
limitations on terms as provided herein, shall remain ineligible to be appointed to that same
Town board, commission or committee for a period of ten (10) months following the expiration
of the most recent term of office for which he or she was appointed.
(d) To account for the transition to term limits, the term that each person on a Town board,
commission or committee is filling as of September 30, 2022, and all terms consecutively served
prior to that current term, shall not count for purposes of determining whether three (3)
consecutive terms have been served.
Sec. 1.04.002 Exclusions to Term Limitation Provisions
(a) The provisions of Section 1.04.001 shall not apply to any Town board, commission or
committee member who is a Town Council member , an elected county official or who is
appointed pursuant to a state law mandating the appointment of individuals with certain
statutorily defined qualifications for appointment.
(b) The provisions of Section 1.04.001 shall not apply to any person appointed to a Town
ad hoc committee that has not been established by the Town Council as a standing Town board,
commission or committee.
Sec. 1.04.003—1.04.030 Reserved”
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.
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.
Page 138
Item 17.
Ordinance No. 2022-__, Page 3 of 4
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 27TH DAY OF SEPTEMBER, 2022.
___________________________________
David F. Bristol, Mayor
ATTEST:
_________________________________
Michelle Lewis-Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 139
Item 17.
Page 1 of 1
To: Mayor and Town Council
From: Michelle Lewis Sirianni, Town Secretary
Through: Ron K. Patterson, Interim Town Manager
Robyn Battle, Executive Director of Community Services
Re: Official Newspaper Designation
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon a resolution designating The Prosper Press as the official newspaper of
the Town of Prosper, and The Dallas Morning News and The Frisco Enterprise as alternative
advertising sources, for Fiscal Year 2022-2023.
Description of Agenda Item:
Section 2051.049 of the Texas Government Code provides that the Town Council shall select one
or more newspapers to publish notices, and Section 11.02 of the Town Charter states that the
Town Council shall annually declare an official newspaper of general circulation in the Town. The
Prosper Press meets these requirements for the purpose of publishing ordinances, election
notices, public hearing notices, and other notices required by ordinance, the Town Charter and
state law. Town staff recommends the continued use of The Dallas Morning News and The Frisco
Enterprise as alternate advertising sources in the event that the Town encounters a situation
where an advertising or public notice deadline could not be timely met by The Prosper Press.
Legal Obligations and Review:
The proposed resolution is a standard format previously approved by the Town Attorney, Terrence
Welch of Brown & Hofmeister, L.L.P.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends the Town Council adopt a resolution designating The Prosper Press as
the official newspaper of the Town of Prosper, and The Dallas Morning News and The Frisco
Enterprise as alternative advertising sources, for Fiscal Year 2022-2023.
Proposed Motion:
I move to adopt a resolution designating The Prosper Press as the official newspaper of the Town
of Prosper, and The Dallas Morning News and The Frisco Enterprise as alternative advertising
sources, for Fiscal Year 2022-2023.
Prosper is a place where everyone matters.
TOWN SECRETARY
Page 140
Item 18.
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2022-XX
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, DESIGNATING THE PROSPER PRESS AS THE OFFICIAL
NEWSPAPER OF THE TOWN OF PROSPER, AND THE DALLAS MORNING
NEWS AND THE FRISCO ENTERPRISE AS ALTERNATE ADVERTISING
SOURCES, FOR FISCAL YEAR 2022-2023.
WHEREAS, Section 11.02 of the Prosper Town Charter provides that the Town Council
shall declare annually an official newspaper of general circulation in the Town. All ordinances,
notices and other matters required by the Charter, Town ordinance, or the Constitution and laws
of the State of Texas shall be published in the official newspaper; and
WHEREAS, Section 2051.049 of the Texas Government Code provides that the Town
Council shall select one or more newspapers to publish notices; and
WHEREAS, Resolution No. 15-31, approved by the Prosper Town Council on May 26,
2015, provides that The Dallas Morning News is authorized as an alternate advertising source in
the event that the Town encounters a situation where an advertising or public notice deadline
could not be timely met by The Prosper Press; and
WHEREAS, the Town Council of the Town of Prosper desires to designate the The Frisco
Enterprise as a secondary alternate newspaper of the Town; and,
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The Town Council of the Town of Prosper hereby designates The Prosper Press, a public
newspaper in and of the Town of Prosper, Texas, as the official newspaper of said Town, the
same to continue as such until another is selected, and shall cause to be published therein all
ordinances, notices and other matters required by law or by ordinance to be published. The
Dallas Morning News and The Frisco Enterprise are hereby designated as authorized advertising
sources in the event that the Town encounters a situation where an advertising or public notice
deadline cannot be timely met by The Prosper Press.
SECTION 2
This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS THE 27TH DAY OF SEPTEMBER 2022.
_____________________________
David F. Bristol, Mayor
Page 141
Item 18.
Resolution No. 2022-XX, Page 2
ATTEST:
_________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
_________________________________
Terrence S. Welch, Town Attorney
Page 142
Item 18.
Page 1 of 3
To: Mayor and Town Council
From: Ron K. Patterson, Interim Town Manager
Through: NA
Re: Development Agreement for Park Land and Hike & Bike Trail Easement
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon approving a Development Agreement by and between the Town of Prosper
(“Town”), Texas, 310 Prosper, L.P. and 55 Prosper, L.P. (collectively “Owners”) regarding the
dedication of park land and a hike & bike trail easement; and authorizing the Interim Town
Manager to approval final exhibits and execute all related documents for the same. (RKP)
Description of Agenda Item:
The Town has been working for some time to create a park/recreation presence on the far east
side of the community with the following goals in mind:
• Creation of a useable Town park and recreational area;
• Creation of bona fide plan for such park and recreational area that can be formally adopted;
• Submission of adopted plan to TxDOT triggering the requirement for a “4f Environmental
Assessment” related to the proposed alignment of the U.S. 380 Bypass.
The staff has been working with the representative of the property on which the proposed park
land and hike & bike trail easement would be located for the creation of the above referenced
park/trail. We have arrived at a proposed Development Agreement (“Agreement”) which is being
presented herein for the Council’s consideration. The general terms of the proposed Agreement
are as follows:
• Property Owner(s) to convey 3.5± acres of useable land for park / recreational uses (the
“Park Property”) – Exhibit A of Agreement
• Property Owners to convey an additional 2.3± acre easement for a hike & bike trail –
Exhibit B of Agreement
• Park Property will be restricted to Park/Recreational uses as defined within the Agreement
– Section 3 of Agreement and 4th paragraph of Deed (Exhibit C)
• Owners & Town agree on property and easement value of $1,754,000 – 5th WHEREAS of
Agreement
Prosper is a place where everyone matters.
INTERIM TOWN
MANAGER
Page 143
Item 19.
Page 2 of 3
• Town to convey Park Dedication Credits [no cash] equal to the above value ($100,000 per
acre equates to 17.54 acres of credit – split between the two owners) – 6th WHEREAS of
Agreement
• Town will cap the Park Dedication to current requirements; this cap is limited to only
properties owned as of the date of the Agreement and with the defined area within the
Agreement – Section 2 of Agreement
• Owners may transfer Park Dedication Credits; such transfer is limited to only area defined
within the Agreement – Exhibit D of Agreement
• Owners to develop, at its expense and in coordination with Town staff, a park and Hike /
Bike Trail Concept Plan; this will be the document the Town can adopt to formalize the
Park – Section 4 of Agreement
Staff believes this proposed Agreement meets the goals outlined above. The Agreement
accomplishes these goals while –
• Resolving –
• Town will not own the pond located on property adjacent to the park property.
• Cut and fill issue related to road development.
In full transparency this proposed Agreement does NOT guarantee –
(i) The TxDOT realignment of the proposed U.S. 380 Bypass. There is no way for staff
to provide such a guarantee, but it is believed this Agreement provides a significance
step towards seeking the “4f Environmental Assessment”. The Agreement also
provides for the future development of a park and trail system around the adjacent
pond assuming the Bypass is rerouted; and
(ii) The Collin Storm Water Control District (CSWD) and/or TCEQ will approve the trail
across the dam portion. However, in my discussions with the CSWD they are open to
the possibility and simply want to see plans and specifications when the time is
appropriate.
NOTE: You will note in your review of the proposed Agreement there are some exhibits inserted
that are “Placeholders”. This is due to the fact that the Owners need time to have them created
by surveyors, etc. –
Exhibit A – Property Description (this is for park tract)
Easement Exhibits – Legal Description and Depiction (this is hike and bike trail easement
around the pond)
Deed Exhibits – Legal Description and Permitted Exceptions (this is for the park tract)
Exhibit D – Park Dedication Credit Assignment Area
Exhibit E – Park Dedication Cap Properties
Agreement and Exhibits – the final acreages and values will be determined once the
surveys are complete.
Due to the need for some time to prepare these final documents, Town staff will recommend
approval of the proposed Agreement subject to authorizing the Interim Town Manager and Town
Attorney to review and approve the final exhibits to the Agreement subject to such exhibits
substantially conforming to the place holder exhibits currently in the attached Agreement and
further authorizing the Interim Town Manager to execute such Agreement.
Page 144
Item 19.
Page 3 of 3
Budget Impact:
There is no direct cash or debt outlay related to the proposed Agreement. There will be an
opportunity cost related to the Park Dedication Credits which has a value of $1,754,000.
Additionally, once the Town is ready to begin development of this park and trail it will need to
allocate funds for this project.
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
Town Staff Recommendation:
Town staff recommends approval of the proposed Agreement subject to authorizing the Interim
Town Manager and Town Attorney to review and approve the final Exhibits to the Agreement
further subject to such Exhibits substantially conform to the place holders currently in the attached
Agreement.
Proposed Motion:
I move to authorize the Interim Town Manager to execute a Development Agreement by and
between the Town of Prosper, Texas, 310 Prosper, L.P. and 55 Prosper, L.P. regarding the
dedication of park land and a hike & bike trail easement and authorizing the Interim Town Manager
and Town Attorney to review and approve the final exhibits to the Agreement subject to such
exhibits substantially conforming to the place holder exhibits currently in the attached Agreement
and further authorizing the Interim Town Manager to execute such Agreement.
Page 145
Item 19.
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (“Agreement”) is entered into by and
between the Town of Prosper, Texas (“Town”), and 310 Prosper, L.P., and 55 Prosper,
L.P. (310 Prosper, L.P., and 55 Prosper, L.P., are collectively referred to as “Owners”),
with the Town and Owners collectively referred to as “Parties,” to be effective on the date
last executed by any of the Parties (the “Effective Date”).
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, 310 Prosper, L.P., owns approximately three and one-half (3.5) acres
of property generally located north of U.S. Highway 380 and west of Custer Road in the
Town, and the Parties have agreed that said Property is to be conveyed to the Town, said
Property more particularly described and depicted in Exhibit A, attached hereto and
incorporated by reference (the “Property”); and
WHEREAS, Owners agree to additionally dedicate to the Town a twenty foot (20’)
wide permanent hike and bike trail easement to extend to and from the Property around
the Soil Conservation Service Site No. 1-B reservoir on properties owned by Owners, and
said easement is more particularly described and depicted in Exhibit B, attached hereto
and incorporated by reference (the “Easement”); and
WHEREAS, in exchange for the dedication of the Property and the Easement to
the Town at no cost to the Town, the Parties agree Owners shall receive a credit to apply
toward the Town’s park dedication requirements; and
WHEREAS, the Parties acknowledge and agree that the value of the Property is
One Million Five Hundred Twenty-Four Thousand Six Hundred Dollars and 00/100
($1,524,600.00) and the agreed value of the Easement is Two Hundred Thirty Thousand
Dollars and 00/100 ($230,000.00); and
WHEREAS, the resulting park dedication credit is 17.54 acres, which, based on
the rate of one acre of land per thirty -five (35) residential units, results in a credit for six
hundred fourteen (614) residential units.
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. Conveyance of Property and Easement; Park Dedication Fee Credit.
Upon the Effective Date of this Agreement by the Parties, Owners shall convey the
Property by deed to the Town in fee simple, with the special warranty deed attached
hereto as Exhibit C and incorporated by reference, and further, Owners shall convey the
Easement to the Town with the Easement document attached hereto as Exhibit B. As
of the date of the conveyance of the Property and the Easement, the Town shall provide
Page 146
Item 19.
2
Owners with a credit of 17.54 acres to apply toward the park dedication requirements (the
“Park Dedication Credit”), contained in Section 10.03.150, “Park Land Designs,
Dedications, and Fees,” of the Town’s Code of Ordinances, as amended (the “Park
Dedication Requirements”). The Park Dedication Credit shall be allocated to Owners
as follows: 16.54 acres to 310 Prosper, L.P., and 1.00 acre to 55 Prosper, L.P. The Park
Dedication Credit is only assignable to and may only be applied to the Park Dedication
Requirements of other entities or properties that are physically located within the area of
the Town bounded on the north by First Street, on the south by U.S. Highway 380, on the
east by Custer Road, and on the west by Coit Road (the “Park Dedication Credit
Assignment Area”), which is generally depicted on Exhibit D, attached hereto and
incorporated by reference. The Town agrees to cooperate with any reasonable request
by Owners to provide documentation to facilitate the assignment of all or any portion of
the Park Dedication Credit to entities or properties located within the Park Dedication
Credit Assignment Area.
2. Capping of Park Dedication Requirements. Park dedication
requirements for all properties owned as of the effective date of this Agreement by 310
Prosper, L.P., 104 Prosper, L.P. or 55 Prosper, L.P., located in the Park Dedication Credit
Assignment Area shall be fixed at the rate of one (1) acre of land per thirty-five (35)
residential units regardless of any future amendments to the Town’s Park Dedication
Requirements (the “Park Dedication Cap”). The properties that are subject to the Park
Dedication Cap are generally depicted in Exhibit E, attached hereto and incorporated by
reference (the “Park Dedication Cap Properties”).
3. Use of the Property. The Property will be used by the Town for park and
recreation purposes. This provision in no way limits the Town’s right to utilize the
Property for auxiliary purposes including, but not limited to, recreation facilities, food
services/trucks, event/entertainment venues, bathrooms, and similar purposes.
4. Park and Hike / Bike Trail Concept Plan. Owner shall prepare, at its sole
expense, a Park and Hike/Bike Trail concept plan on behalf of the Town that generally
shows the following park uses: open space, trail head (including parking), restrooms,
covered outdoor pavilion, and a hike/bike trail with at least two (2) bench seating locations
within the Easement described above (the “Park Concept Plan”). The Park Concept
Plan shall be developed with input from the Town and shall be delivered to the Town in
both hard copy and an editable digital format no later than ten (10) business days after
the Effective Date of this Agreement.
5. 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 Owners and their 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 147
Item 19.
3
6. Default. No Party shall be in default under this Agreement until written
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 thirty (30) days to cure the alleged failure; provide that if such default is not
curable within such 30-day period, 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 any Party is in default under this Agreement, any 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 fo r consequential or punitive
damages.
7. 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.
8. 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: 250 W. First Street
P.O. Box 307
Prosper, Texas 75078
Attention: Town Manager
If to 310 Prosper, L.P.: 5850 Granite Parkway, Suite 100
Plano, Texas 75024
Attention: Jim Williams
Douglas C. Mousel
If to 55 Prosper, L.P.: 3794-C Highway 67 West
Glen Rose, Texas 76043
Attention: B.F. Hill
9. 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).
10. 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
Page 148
Item 19.
4
provisions of this Agreement shall be construed as a whole and not strictly for or against
any Party.
11. 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.
12. Binding Agreement. A telecopied facsimile or pdf of a duly executed
counterpart of this Agreement shall be sufficient to evidence the binding agreement of
each party to the terms herein.
13. 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. Owners warrant and
represent that the individual executing this Agreement on behalf of each Owner has full
authority to execute this Agreement and bind each Owner to the same. The Town Council
hereby authorizes the Mayor of the Town to execute this Agreement on behalf of the
Town.
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 non -binding
mediation.
15. Notification of Sale or Transfer; Assignment of Agreement. Owners
have 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 any 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 said 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 any Owner shall release said
Owner from any liability that resulted from an act or omission by said Owner that occurred
prior to the effective date of the assignment. Each Owner shall maintain true and correct
copies of all assignments made by said Owner to any Assignee, including a copy of each
executed assignment and the Assignee’s Notice information.
Page 149
Item 19.
5
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 cons ideration 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 or
pdf signature will also be deemed to constitute an original.
20. Time. Time is of the essence in the performance by the Parties of their
respective obligations under this Agreement.
21. 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.
22. 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 Owners
of all or any part of the Property; however, the failure to provide such copies shall not
affect the validity of any amendment.
23. 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.
(REMAINDER OF PAGE INTENTIONALLY LEFT BLANK)
Page 150
Item 19.
6
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: Ron K. Patterson
Title: Interim Town Manager
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me on the ___ day of
_______________, 2022, by Ron K. Patterson, Interim Town Manager, Texas, on behalf
of the Town of Prosper, Texas.
_____________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 151
Item 19.
7
OWNERS:
310 PROSPER, L.P., a Texas limited
partnership
By: Texas Land Management, L.L.C., a
Texas limited liability company, its
General Partner
By: ________________________________
Jim Williams, Jr., Chairman
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me, the undersigned authority, on the
___ day of _______________, 2022, by Jim Williams, Jr., Chairman of Texas Land
Management, L.L.C., a Texas limited liability company , General Partner of 310 Prosper,
L.P., a Texas limited partnership, for and on behalf of said limited partnership.
_____________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 152
Item 19.
8
55 PROSPER, L.P., a Texas limited
partnership
By: One Prosper Holdings, L.L.C., a Texas
limited liability company, its General
Partner
By: ________________________________
B.F. Hill, President
STATE OF TEXAS )
)
COUNTY OF _________ )
This instrument was acknowledged before me, the undersigned authority, on the
___ day of _______________, 2022, by B.F. Hill, President of One Prosper Holdings,
L.L.C., a Texas limited liability company, General Partner of 55 Prosper, L.P., a Texas
limited partnership, for and on behalf of said limited partnership.
_____________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 153
Item 19.
9
EXHIBIT A
(Property Description)
PLACEHOLDER ONLY
Page 154
Item 19.
10
EXHIBIT B
(Easement Document)
Page 155
Item 19.
11
AFTER RECORDING, RETURN TO:
TOWN OF PROSPER
P.O. Box 307
Prosper, Texas 75078
HIKE AND BIKE TRAIL EASEMENT
STATE OF TEXAS )
) KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN )
That 310 PROSPER, L.P., and 55 PROSPER, L.P., collectively hereinafter refer-
red to as “Grantor,” for and in consideration of the sum of TEN AND NO/100 DOLLARS
($10.00) and other good and valuable consideration to Grantor in hand paid by the TOWN
OF PROSPER, a Texas municipal corporation, hereinafter referred to as “Grantee,” the
receipt and sufficiency of which are hereby acknowledged, does hereby GRANT, GIVE,
and CONVEY unto the said Grantee the right to construct, reconstruct, and perpetually
maintain public access to and over, and repair hike and bike trail facilities and related
incidental improvements (collectively, “Facilities”) in, upon, across, and under the
following real property:
Being ___ square feet or ___ acres of land and being part of
Parcel ___, in the _____ Survey, Abstract No. ___, Collin
County, Texas, and being more particularly described in
Exhibit A and depicted on Exhibit B, attached hereto and
made a part hereof.
And it is further agreed that in consideration of the benefits above set out, Grantee,
its agents, employees, workmen and representatives shall have rights of ingress, egress,
and regress in, upon, across, and under said premises for the purpose of making
improvements on and repairs to the said Facilities or any part thereof.
Page 156
Item 19.
12
Grantee further agrees to maintain, at its expense, and keep in force at all times,
a policy of comprehensive general public liability insurance, including a contractual liability
endorsement, and personal injury liability coverage, through its insurer Texas Municipal
League Intergovernmental Risk Pool (the “Insurer”), which shall include coverage against
claims for any injury, death, or damage to persons or property occurring on, in, or about
the said Facilities with a combined single limit of not less than $2,000,000 with respect to
the Facilities and Grantee's use therein. Grantor shall be provided an Indemnification
Under Contract Endorsement (EL217) through its Insurer. Prior to making any entry onto
the said Facilities, Grantee shall furnish to Grantor: (a) a certificate of insurance
evidencing the foregoing coverages, and providing that such insurance policy may not be
cancelled on less than thirty (30) days prior written notice to Grantor; and (b) proof of
payment of the insurance premium.
TO HAVE AND TO HOLD unto the Grantee for the purposes herein set forth,
Grantor hereby binds Grantor, its heirs, executors, administrators, and assigns, to warrant
and forever defend the easement and rights granted herein unto the said Grantee,
Grantee’s successors, and assigns forever against every person whomsoever lawfully
claiming or attempting to claim the same or any part thereof.
WITNESS THE GRANTOR’S HAND effective as of the ___ day of ____, 2022.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
Page 157
Item 19.
13
310 PROSPER, L.P., a Texas limited
partnership
By: Texas Land Management, L.L.C., a
Texas limited liability company, its
General Partner
By: ________________________________
Jim Williams, Jr., Chairman
STATE OF TEXAS )
)
COUNTY OF COLLIN )
This instrument was acknowledged before me, the undersigned authority, on the
___ day of _______________, 2022, by Jim Williams, Jr., Charmain of Texas Land
Management, L.L.C., a Texas limited liability company, General Partner of 310 Prosper,
L.P., a Texas limited partnership, for and on behalf of said limited partnership.
_____________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 158
Item 19.
14
55 PROSPER, L.P., a Texas limited
partnership
By: One Prosper Holdings, L.L.C., a Texas
limited liability company, its General
Partner
By: ________________________________
B.F. Hill, President
STATE OF TEXAS )
)
COUNTY OF _________ )
This instrument was acknowledged before me, the undersigned authority, on the
___ day of _______________, 2022, by B.F. Hill, President of One Prosper Holdings,
L.L.C., a Texas limited liability company, General Partner of 55 Prosper, L.P., a Texas
limited partnership, for and on behalf of said limited partnership.
_____________________________________
Notary Public, State of Texas
My Commission Expires: _________________
Page 159
Item 19.
15
EXHIBIT A to Easement
(Legal Description of Easement)
Page 160
Item 19.
16
EXHIBIT B to Easement
(Depiction of Easement)
PLACEHOLDER
Page 161
Item 19.
17
EXHIBIT C
(Special Warranty Deed with attached Exhibits A and B)
Page 162
Item 19.
18
AFTER RECORDING RETURN TO:
Republic Title of Texas, Inc.
2626 Howell Street, 10th Floor
Dallas, Texas 75204
Attention: Russell Dickson
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY
REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY
INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED
FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR
DRIVER'S LICENSE NUMBER.
SPECIAL WARRANTY DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN §
That 310 PROSPER, L.P., a Texas limited partnership (“Grantor”), for and in
consideration of the sum of Ten and No/100 Dollars ($10.00) and other valuable
consideration to the undersigned paid by the TOWN OF PROSPER, a Texas home rule
municipality (“Grantee"), whose address is 250 W. First Street, Prosper, Texas 75078,
the receipt of which is hereby acknowledged, has GRANTED, SOLD and CONVEYED,
and by these presents does GRANT, SELL and CONVEY unto Grantee, that certain tract
of real property located in Collin County, Texas, con taining ______ acres of land, more
or less, as more particularly described on Exhibit A attached hereto and incorporated
herein by reference, together with all rights of Grantor whatsoever relating to such tract
of real property, including (i) all of Grantor’s right, title, and interest in and to adjacent
streets, alleys, rights-of-way, privileges, easements, interests and appurtenances thereto,
and (ii) any improvements situated thereon (hereinafter collectively referred to as the
“Property”).
Notwithstanding anything contained herein to the contrary, Grantor RETAINS and
RESERVES from conveyance all oil, gas, and other minerals in, on, and under the
Property that are owned by Grantor; provided that Grantor forever expressly releases and
waives, on behalf of itself and its successors and assigns, all rights of ingress and egress
to enter upon the surface of the Property for purposes of exploring for, developing, drilling,
producing, transporting, mining, treating, storing or any other purposes incident to th e
development or production of the oil, gas and other minerals reserved to Grantor (or
owned or held by any other persons or entities owned or controlled, directly or indirectly,
by Grantor) in, on, and under the Property. Grantor and its contractors, age nts and
Page 163
Item 19.
19
affiliated entities shall have the limited right to enter the subsurface of the Property with a
subsurface horizontal or directional wellbore in an effort to explore for and develop oil and
gas under the Property, provided that any drilling beneath the surface of the Property
shall be at a depth of at least 500 feet beneath the surface of the Property and any
subsurface production shall be at least 2,000 feet beneath the surface of the Property.
This conveyance is made and accepted subject to the e xceptions, items and matters
described on Exhibit B attached hereto, and incorporated herein by reference, to the
extent the same are valid and subsisting and affect title to the property conveyed hereby
(collectively, the “Permitted Exceptions”).
No part of the Property shall be used for any purpose other than for park and recreation
purposes. This restrictive covenant in no way limits the Town’s right to use the Property
for auxiliary uses including, but not limited to, recreation facilities, food services/trucks,
event/entertainment venues, bathrooms, and similar purposes. This restrictive covenant
may be removed only by a written release agreement executed by Texas Land
Management, L.L.C., the general partner of Grantor, or its successors or assigns. This
restrictive covenant shall run with the land.
TO HAVE AND TO HOLD the Property, together with all and singular the rights and
appurtenances thereto in anywise belonging, unto the said Grantee, its successors and
assigns forever; and Grantor does hereby bind itself and its successors and assigns, to
WARRANT and FOREVER DEFEND, subject to the Permitted Exceptions, all and
singular the Property unto the said Grantee, its successors and assigns, against every
person whomsoever lawfully claiming or to claim the same or any part thereof, by, through
or under Grantor, but not otherwise.
THE CONVEYANCE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON
AN “AS IS WHERE IS” AND “WITH ALL FAULTS” BASIS, AND GRANTEE EXPRESSLY
ACKNOWLEDGES THAT, FOR THE CONSIDERATION RECITED HEREIN, EXCEPT
FOR THE SPECIAL WARRANTY OF TITLE SET FORTH HEREIN, GRANTOR MAKES
NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, WITH RESPECT
TO THE PROPERTY AND SPECIFICALLY DISCLAIMS ANY REPRESENTATION,
WARRANTY OR GUARANTY WITH RESPECT TO THE PROPERTY, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY REPRESENTATION OR
WARRANTY AS TO THE PROPERTY’S CONDITION, FITNESS FOR A PARTICULAR
PURPOSE, QUALITY, FREEDOM FROM DEFECTS OR CONTAMINATION
(WHETHER OR NOT DETECTABLE BY INSPECTION), COMPLIANCE WITH ZONING
OR OTHER LEGAL REQUIREMENTS OR AS TO THE AVAILABILITY OR EXISTENCE
OF ANY UTILITY OR OTHER GOVERNMENTAL OR PRIVATE SERVICES OR AS TO
THE AMOUNT OF TAXES ASSESSED TO THE PROPERTY. GRANTEE, ON BEHALF
OF ITSELF AND ALL FUTURE OWNERS AND OCCUPANTS OF THE PROPERTY,
HEREBY WAIVES AND RELEASES GRANTOR FROM ANY CLAIMS FOR RECOVERY
OF COSTS ASSOCIATED WITH CONDUCT OF ANY VOLUNTARY ACTION OR ANY
REMEDIAL RESPONSES, CORRECTIVE ACTION OR CLOSURE UNDER ANY
APPLICABLE FEDERAL, STATE OR LOCAL ENVIRONMENTAL LAWS.
Page 164
Item 19.
20
EXECUTED TO BE EFFECTIVE as of the ______ day of ____________, 2022.
GRANTOR:
310 PROSPER, L.P., a Texas limited
partnership
By: Texas Land Management, L.L.C., a
Texas limited liability company, its
General Partner
By:
Jim Williams, Chairman
ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF COLLIN §
This instrument was acknowledged before me, the undersigned authority, this
______ day of ____________, 2022, by Jim Williams, Jr, Chairman of Texas Land
Management, L.L.C., a Texas limited liability company, General Partner of 310
PROSPER, L.P., a Texas limited partnership, for and on behalf of said limited partnership.
__________________________________
Notary Public, State of Texas
My Commission Expires: ______________
Page 165
Item 19.
21
EXHIBIT A to Deed
(Legal Description)
Page 166
Item 19.
22
EXHIBIT B to Deed
(Permitted Exceptions)
Page 167
Item 19.
23
EXHIBIT D
(Park Dedication Credit Assignment Area)
PLACEHOLDER
Page 168
Item 19.
24
EXHIBIT E
(Park Dedication Cap Properties)
PLACEHOLDER
Page 169
Item 19.
Page 1 of 1
PLANNING
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Notice of Appeal
Town Council Meeting – September 27, 2022
____________________________________________________________________________
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the
Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7)
and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any Site Plan, including Star Trail West Amenity Center.
Description of Agenda Item:
Attached is the site plan that was acted on by the Planning & Zoning Commission at their
September 6, 2022 meeting. Per the Zoning Ordinance, the Town Council has the ability to direct
staff to submit a written notice of appeal on behalf of the Town Council to the Development
Services Department for any Site Plan acted on by the Planning & Zoning Commission.
Attachments:
1. Star Trail West Amenity Center Site Plan
Planning & Zoning Recommendations:
At their September 6, 2022, meeting, the Planning & Zoning Commission approved the following
items:
1. Star Trail West Amenity Center Site Plan (Approved)
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Page 170
Item 20.
09/01/2022.
Page 171
Item 20.
Page 1 of 5
PLANNING
Prosper is a place where everyone matters.
To: Mayor and Town Council
From: David Soto, Planning Manager
Through: Ron K. Patterson, Interim Town Manager
Hulon T. Webb, Jr., Interim Executive Director of Development and
Infrastructure Services
Re: Zoning Victory at Frontier South
Town Council Meeting – September 27, 2022
____________________________________________________________________________
Agenda Item:
Conduct a public hearing and consider and act upon a request to rezone 7.9± acres from Office
(O) to Planned Development-Office (PD-O), generally to modify the development standards to
facilitate an office/retail development, including drive-through coffee shop as a permitted use,
located on the northwest corner of Preston Road and Coleman Road. (Z21-0013).
History:
The item was tabled at the September 13, 2022 Town Council meeting. The applicant has made
modifications to the development standards as well as Exhibit F (Elevations). The following
modifications have been made:
1. Uses permitted by right:
a. Modified language regarding Restaurant with Drive-Through and included that it
shall be built within a multi-tenant building only on Lot 2.
b. Added the use Restaurant to be allowed on all lots.
2. Uses permitted upon approval of a Specific Use Permit:
a. Removed all uses within this section.
3. Architectural Regulations:
a. Increased the masonry percentage on the development standards as well as
Exhibit F for Lots 3 and 4 from 40% to 60%.
Page 172
Item 21.
Page 2 of 5
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 Office
Undeveloped
Retail &
Neighborhood
Services District
North Planned Development-10 Victory at Frontier
Retail &
Neighborhood
Services District
East Planned Development-15 Undeveloped / Retail
Retail &
Neighborhood
Services District
South Single Family-12.5 & S-34 Prosper United Methodist
Church
Medium Density
Residential
West Planned Development-10 Undeveloped Medium Density
Residential
Requested Zoning – The purpose of this request is to rezone 7.9± acres from Office (O) to
Planned Development-Office (PD-O), generally to modify the development standards to facilitate
an office/retail development, including drive-through coffee shop as a permitted use. The
applicant is proposing updates to uses, design standards, and architectural standards as
mentioned below.
a. Uses Permitted by Right
Restaurant with Drive-Through on Lot 2 within a multi-tenant building.
Retail Stores and Shops
Gymnastics/Dance Studio
Restaurant
Veterinarian Clinic and/or Kennel, Indoor
Office/Showroom
Staff has no objections with the other proposed uses.
Page 173
Item 21.
Page 3 of 5
The applicant has also made modifications to the development standards including architectural
regulations as shown below:
Office District New Planned Development
Minimum Front Yard 30 Feet 30 Feet
Minimum Side Yard Twenty-five (25) feet
for a one story
building adjacent to
any residential
district. Forty (40)
feet for a two-story
building adjacent to
any residential district
Ten (10) feet
adjacent to any
nonresidential
district.
Ten (10) feet adjacent to
any residential district.
No Side yard adjacent to
any nonresidential
district
Minimum Rear Yard Twenty-five (25) feet
for a one story
building adjacent to
any residential
district. Forty (40)
feet for a two-story
building adjacent to
any residential district
Ten (10) feet
adjacent to any
nonresidential
district.
Ten (10) feet adjacent to
any residential district.
No Side yard adjacent to
any nonresidential
district.
Maximum Height Two stories, no greater
than 40 feet.
Four stories, no greater than
60 feet
Maximum Floor Area Maximum 0.5:1. No Maximum Floor Area.
Building Materials on all Lots (1-
4)
100 % masonry
(which includes clay
fired brick, natural
and manufactured
stone, granite,
marble, and stucco)
The use of stucco and
EIFS are only
permitted as
secondary or accent
materials (10%
maximum allowance).
Masonry 60%
Architectural Panel 20%
Awnings 10%
Stucco 10%
As shown on Exhibit D, the site provides adequate parking and stacking. Exhibit F shows a
conceptual rendering of the architectural look and style of the building. The applicant has agreed
to enter a development agreement regarding the building materials. Exhibit G is a conceptual
landscape plan, which depicts the location of required landscaping. The landscaping meets the
minimum standards of the Town’s Zoning Ordinance.
Page 174
Item 21.
Page 4 of 5
Future Land Use Plan – The Future Land Use Plan recommends Retail & Neighborhood Services
District for the subject property. The proposed zoning request conforms to the Future Land Use
Plan.
Thoroughfare Plan – The property has direct access to the Preston Road, an existing six-lane
divided thoroughfare. This 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 has been constructed along Preston Road.
Legal Obligations and Review:
Notification was provided to neighboring property owners as required by the Zoning Ordinance
and state law. To date, staff has not received any Public Hearing Notice Reply Forms in response
to this request.
Attachments:
1. Aerial and Zoning Maps
2. Proposed Exhibits
Planning & Zoning Recommendation:
At their August 16, 2022, meeting, the Planning & Zoning Commission recommended the Town
Council approve the request, by a vote of 4-0.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the approval of the request to rezone
7.9± acres from Office (O) to Planned Development-Office (PD-O), generally to modify the
development standards to facilitate an office/retail development, including drive-through coffee
shop as a permitted use, located on the northwest corner of Preston Road and Coleman Road.
Page 175
Item 21.
Page 5 of 5
Proposed Motion:
I move to approve a request to rezone 7.9± acres from Office (O) to Planned Development-Office
(PD-O), generally to modify the development standards to facilitate an office/retail development,
including drive-through coffee shop as a permitted use, located on the northwest corner of Preston
Road and Coleman Road.
Page 176
Item 21.
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Item 21.
KIRKMAN ENGINEERING :: 5200 State Hwy 121 Colleyville, TX 76034 Ph: 817-488-4960 :: TBPE Firm#15874
Page 1 of 2
EXHIBIT C
DEVELOPMENT STANDARDS
Conformance with the Town’s Zoning Ordinance and Subdivision Ordinance: Except as otherwise
set forth in these development standards, the regulation of the Town’s Zoning Ordinance 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 develop in accordance with the Office (O)
Districts, as it exists or may be amended.
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
2. Uses. All the permitted uses in the office (O) District shall be allowed with the same
provisions and restrictions, including uses permitted by a Specific Use Permit (SUP) and
Conditional Use Permit (C), except as noted below:
a. Uses Permitted by Right
• Restaurant with Drive-Through on Lot 2 within a multi-tenant building.
• Retail Stores and Shops
• Gymnastics/Dance Studio
• Restaurant
• Veterinarian Clinic and/or Kennel, Indoor
• Office/Showroom
3. Size of Yards:
a. Minimum Front yard: 30 Feet
b. Minimum Side Yard:
• Ten Feet Adjacent to any residential district.
• No Side yard adjacent to any nonresidential district.
c. Minimum Rear Yard.
• Ten Feet Adjacent to any residential district.
• No Side yard adjacent to any nonresidential district.
d. Maximum Height: Four Stories, no greater than 60 feet above the primary entry
level. (Height calculations do not include partially below grade levels)
e. Maximum Floor Area: No Maximum Floor Area.
Page 181
Item 21.
KIRKMAN ENGINEERING :: 5200 State Hwy 121 Colleyville, TX 76034 Ph: 817-488-4960 :: TBPE Firm#15874
Page 2 of 2
4. Architectural Regulations:
a. All buildings on Lots 1, 2, 3, and 4 shall be consistent architecturally with the
elevations provided within this PD.
• Masonry 60%
• Architectural Panel 20%
• Awnings 10%
• Stucco 10%
b. All mechanical equipment shall be screened from public view. Rooftop mounted
equipment shall be screened by a parapet wall or screening wall.
c. Windows shall have a maximum exterior visible reflectivity of ten (10) percent.
Page 182
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4,375 SF 60%
440 SF 6%
60%
440 SF 23%
350 SF 18%
09/22/22 Page 189
Item 21.
Page 190
Item 21.
Page 1 of 2
To: Mayor and Town Council
From: Sandy Mattick, Interim Finance Director
Through: Ron K. Patterson, Interim Town Manager
Robert B. Scott, Executive Director of Administrative Services
Re: Certificates of Obligation
Town Council Meeting – September 27, 2022
Agenda Item:
Consider all matters incident and related to the issuance and sale of “Town of Prosper, Texas,
Combination Tax and Surplus Revenue Certificates of Obligation, Series 2022”, including the
adoption of an ordinance authorizing the issuance of such obligations and establishing procedures
and delegating authority for the sale and delivery of such obligations.
Description of Agenda Item:
Town Council at the July 26, 2022, meeting approved beginning the required process for issuance
of certificates of obligations through a Notice of Intent, required advertising and setting a timetable
for issuance. The attached ordinance establishes the parameters for issuance of certificates of
obligation for the projects:
Water Distribution $12,746,000
Stormwater Drainage $ 685,000
The Town has historically sold debt through a competitive sale on the Tuesday morning of a Town
Council meeting and then completed the sale with Town Council approval that evening. Due to
the challenging circumstances in the current year (uncertain market conditions), it is
recommended that Town Council pass an Ordinance on September 27, 2022 authorizing issuance
of the certificates of obligation with delegated authority to the Town Manager or Executive Director
of Administrative Services, to complete final pricing of the debt. This method is commonly used
in refunding debt issues or during uncertain market conditions. The ordinance would allow for
delegation to the Town Manager that meets the following conditions:
Issue the certificates through a competitive or negotiated sale;
for an amount not to exceed $13,700,000;
at a maximum interest rate of 4.75%;
with a final maturity of August 15, 2042.
This will allow greater flexibility.
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
Page 191
Item 22.
Page 2 of 2
Budget Impact:
The debt service payments for the Certificates will be funded from the Water and Sewer Fund and
the Stormwater Drainage Fund.
Legal Obligations and Review:
Chris Settle of McCall, Parkhurst and Horton, the Town’s bond counsel, prepared the attached
Ordinance, and Terrence Welch of Brown & Hofmeister, L.L.P. has reviewed the ordinance as to
form and legality.
Attached Documents:
1. Ordinance
Town Staff Recommendation:
Town staff recommends adoption of the Ordinance authorizing issuance of certificates of
obligation within the specified parameters to finance the obligations associated with the
aforementioned projects.
Proposed Motion:
I move to adopt an ordinance authorizing the issuance and sale of “Town of Prosper, Texas,
Combination Tax and Surplus Revenue Certificates of Obligation, Series 2022” and approving all
other matters related thereto.
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Item 22.
TOWN OF PROSPER, TEXAS ORDINANCE NO. 2022-XX
ORDINANCE AUTHORIZING THE ISSUANCE OF TOWN OF PROSPER,
TEXAS, COMBINATION TAX AND SURPLUS REVENUE
CERTIFICATES OF OBLIGATION, SERIES 2022; ESTABLISHING SALE
PARAMETERS; PROVIDING FOR THE SECURITY FOR AND
PAYMENT OF SAID CERTIFICATES; AND ENACTING OTHER
PROVISIONS RELATING TO THE SUBJECT.
THE STATE OF TEXAS §
COLLIN AND DENTON COUNTIES §
TOWN OF PROSPER §
WHEREAS, the Town Council (the “Council”) of the Town of Prosper, Texas (the
“Town”), deems it advisable to issue Certificates of Obligation in the amount of up to $13,700,000
for the purposes hereinafter set forth; and
WHEREAS, the Certificates of Obligation hereinafter authorized and designated are to be
issued and delivered for cash pursuant to Subchapter C of Chapter 271, Texas Local Government
Code, Subchapter B, Chapter 1502, Texas Government Code and Chapter 1371, Texas
Government Code; and
WHEREAS, the Council has heretofore passed a resolution authorizing and directing the
Town Secretary to give notice of intention to issue Certificates of Obligation, and said notice has
been duly published in a newspaper of general circulation in said Town, said newspaper being a
“newspaper” as defined in Section 2051.044, Texas Government Code, and posted to the Town’s
Internet website, all in timing and manner provided in Section 271.049, Texas Local Government
Code ; and
WHEREAS, the Town received no petition from the qualified electors of the Town
protesting the issuance of such Certificates of Obligation; and
WHEREAS, no bond proposition to authorize the issuance of bonds for the same purpose
as any of the projects being financed with the proceeds of the Certificates was submitted to the
voters of the Town during the preceding three years and failed to be approved; and
WHEREAS, the Town is an “issuer” within the meaning of Section 1371.001(4)(P), Texas
Government Code, having (i) a principal amount of at least $100 million in outstanding long term
indebtedness, in long term indebtedness proposed to be issued, or in a combination of outstanding
or proposed long term indebtedness and (ii) some amount of long term indebtedness outstanding
or proposed to be issued that is rated in one of the four highest rating categories for long term debt
instruments by a nationally recognized rating agency for municipal securities, without regard to
the effect of any credit agreement or other form of credit enhancement entered into in connection
with the obligation; and
WHEREAS, it is officially found, determined, and declared that the meeting at which this
Ordinance has been adopted was open to the public and public notice of the time, place and subject
matter of the public business to be considered and acted upon at said meeting, including this
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Ordinance, was given, all as required by the applicable provisions of Texas Government Code,
Chapter 551;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1
RECITALS, AMOUNT, PURPOSE AND DESIGNATION OF THE CERTIFICATES.
(a) The recitals set forth in the preamble hereof are incorporated herein and shall have the same
force and effect as if set forth in this Section.
(b) The Certificates are hereby authorized to be issued and delivered in the maximum
aggregate principal amount hereinafter set forth for the Projects (defined below).
(c) Each Certificate issued pursuant to this Ordinance shall be designated (unless
otherwise provided in the Pricing Certificate): “TOWN OF PROSPER, TEXAS, COMBINATION
TAX AND SURPLUS REVENUE CERTIFICATE OF OBLIGATION, SERIES 2022,” and
initially there shall be issued, sold and delivered hereunder fully registered Certificates, without
interest coupons, payable to the respective registered owners thereof (with the initial Certificate
being made payable to the Underwriter as described herein), or to the registered assignee or
assignees of said Certificates or any portion or portions thereof (in each case, the “Registered
Owner”). The Certificates shall be in the respective denominations and principal amounts, shall be
numbered, shall mature and be payable on the date or dates in each of the years and in the principal
amounts or amounts due at maturity, as applicable, and shall bear interest to their respective dates
of maturity or redemption, if applicable, prior to maturity at the rates per annum, as set forth in the
Pricing Certificate.
SECTION 2
DEFINITIONS. Unless otherwise expressly provided or unless the context clearly requires
otherwise in this Ordinance, the following terms shall have the meanings specified below:
“Attorney General” shall mean the Attorney General of the State.
“Certificates” means and includes the Certificates initially issued and delivered pursuant
to this Ordinance and all substitute Certificates exchanged therefor, as well as all other substitute
Certificates and replacement Certificates issued pursuant hereto, and the term “Certificate” shall
mean any of the Certificates.
“Code” means the Internal Revenue Code of 1986, as amended.
“Comptroller” shall mean the Comptroller of Public Accounts of the State.
“Issuance Date” shall mean the date or dates of delivery of the Certificates to the
Underwriter against payment therefor, as determined by the Pricing Officer in the Pricing
Certificate.
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“Projects” shall mean (i) acquiring, constructing, installing and equipping additions,
improvements, extensions and equipment for the Town’s waterworks and sewer system and the
acquisition of land and rights-of-way therefor; (ii) acquiring, constructing and installing
stormwater drainage and flood control improvements in the Town, including dredging, channel
improvements and related infrastructure and utility relocation and the acquisition of land and
interests in land necessary for said improvements; and (iii) paying legal, fiscal and engineering
fees in connection with such projects, including payment of costs of issuance of the Certificates.
“State” shall mean the State of Texas.
“Underwriter” shall mean the initial purchaser(s) of the Certificates designated by the
Pricing Officer in the Pricing Certificate.
SECTION 3
DELEGATION TO PRICING OFFICER. (a) As authorized by Section 1371.053, Texas
Government Code, as amended, the Executive Director of Administrative Services and the Town
Manager of the Town are each individually authorized to act on behalf of the Town in selling and
delivering the Certificates (of which officers, the officer executing the Pricing Certificate shall be
hereinafter referred to as, and shall for all purposes be, the “Pricing Officer”), carrying out the
procedures specified in this Ordinance, including determining the principal amount of Certificates
to be issued, the amount to be applied against each proposition, the date or dates of the Certificates,
any additional or different designation or title by which the Certificates shall be known, the price
at which the Certificates will be sold, the years in which the Certificates will mature, the principal
amount to mature in each of such years, the rate of interest to be borne by each such maturity, the
interest payment and record dates, the price and terms, if any, upon and at which the Certificates
shall be subject to redemption prior to maturity at the option of the Town, as well as any mandatory
sinking fund redemption provisions, whether the Certificates shall be designated as “qualified tax-
exempt obligations” as defined in section 265(b)(3) of the Code, approving modifications or
additions to the Rule 15c2-12 continuing disclosure undertaking, and all other matters relating to
the issuance, sale and delivery of the Certificates, including, without limitation, procuring
municipal bond insurance and approving modifications to this Ordinance and executing such
instruments, documents and agreements as may be necessary with respect thereto, if it is
determined that such insurance would be financially desirable and advantageous, all of which shall
be specified in the Pricing Certificate, provided that:
(i) the aggregate original principal amount of the Certificates shall not exceed
$13,700,000;
(ii) no Certificate shall mature after August 15, 2042; and
(iii) the true interest cost of the Certificates shall not exceed 4.75%.
(b) In establishing the aggregate principal amount of the Certificates, the Pricing
Officer shall establish an amount not exceeding the amount authorized in subsection (a) above,
which shall be sufficient in amount to provide for the purposes for which the Certificates are
authorized and to pay costs of issuing the Certificates. The delegations made hereby shall expire
if not exercised by the Pricing Officer on or prior to the ninetieth (90th) day following the adoption
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of this Ordinance. The Certificates shall be sold at such price, with and subject to such terms as
set forth in the Pricing Certificate.
(c) The Certificates may be sold by public offering (either through a negotiated or
competitive offering) or by private placement. If the Certificates are sold by private placement,
the Pricing Certificate shall so state, and the Pricing Certificate may make changes to this
Ordinance to effect such private placement, including the provisions hereof that pertain to the
book-entry-only procedures (including eliminating the book-entry-only system of registrations,
payment and transfers) and to the provisions herein relating to the Rule 15c2 -12 undertaking
(including eliminating or replacing such undertaking with an agreement to provide alternative
disclosure information).
(d) In satisfaction of Section 1201.022(a)(3)(B), Texas Government Code, the Council
hereby determines that the delegation of the authority to the Pricing Officer to approve the final
terms of the Certificates set forth in this Ordinance is, and the decisions made by the Pricing Officer
pursuant to such delegated authority and incorporated into the Pricing Certificate will be, in the
Town’s best interests, and the Pricing Officer is hereby authorized to make and include in the
Pricing Certificate a finding to that effect.
SECTION 4
CHARACTERISTICS OF THE CERTIFICATES. (a) Registration, Transfer, Conversion
and Exchange. The Town shall keep or cause to be kept at the designated office of the bank named
in the Pricing Certificate as the paying agent/registrar for the Certificates (the “Paying
Agent/Registrar”), books or records for the registration of the transfer, conversion and exchange
of the Certificates (the “Registration Books”), and the Town hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such books or records and make such
registrations of transfers, conversions and exchanges under such reasonable regulations as the
Town and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such
registrations, transfers, conversions and exchanges as herein provided within three days of
presentation in due and proper form. The Paying Agent/Registrar shall obtain and record in the
Registration Books the address of the registered owner of each Certificate to which payments with
respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each
registered owner to notify the Paying Agent/Registrar in writing of the address to which payments
shall be mailed, and such interest payments shall not be mailed unless such notice has been given.
The Town shall have the right to inspect the Registration Books during regular business hours of
the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration
Books confidential and, unless otherwise required by law, shall not permit their inspection by any
other entity. The Town shall pay the Paying Agent/Registrar’s standard or customary fees and
charges for making such registration, transfer, conversion, exchange and delivery of a substitute
Certificate or Certificates. Registration of assignments, transfers, conversions and exchanges of
Certificates shall be made in the manner provided and with the effect stated in the FORM OF
CERTIFICATE set forth as Exhibit A of this Ordinance. Each substitute Certificate shall bear a
letter and/or number to distinguish it from each other Certificate.
(b) Authentication. Except as provided in subsection (e) of this Section, an authorized
representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date
and manually sign said Certificate, and no such Certificate shall be deemed to be issued or
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outstanding unless such Certificate is so executed. The Paying Agent/Registrar promptly shall
cancel all paid Certificates and Certificates surrendered for conversion and exchange. No
additional ordinances, orders or resolutions need be passed or adopted by the governing body of
the Town or any other body or person so as to accomplish the foregoing conversion and exchange
of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing,
execution and delivery of the substitute Certificates in the manner prescribed herein. Pursuant to
Subchapter D, Chapter 1201, Texas Government Code, the duty of conversion and exchange of
Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the
execution of said Certificate, the converted and exchanged Certificate shall be valid, incontestable,
and enforceable in the same manner and with the same effect as the Certificates which initially
were issued and delivered pursuant to this Ordinance, approved by the Attorney General and
registered by the Comptroller.
(c) Payment of Certificates and Interest. The Town hereby further appoints the Paying
Agent/Registrar to act as the paying agent for paying the principal of and interest on the
Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper
records of all payments made by the Town and the Paying Agent/Registrar with respect to the
Certificates, and of all conversions and exchanges of Certificates, and all replacements of
Certificates, as provided in this Ordinance. However, in the event of a nonpayment of interest on
a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest
payment (a “Special Record Date”) will be established by the Paying Agent/Registrar, if and when
funds for the payment of such interest have been received from the Town. Notice of the Special
Record Date and of the scheduled payment date of the past due interest (which shall be 15 days
after the Special Record Date) shall be sent at least five (5) business days prior to the Special
Record Date by United States mail, first-class postage prepaid, to the address of each registered
owner appearing on the Registration Books at the close of business on the last business day next
preceding the date of mailing of such notice.
(d) Substitute Paying Agent/Registrar. The Town covenants with the registered
owners of the Certificates that at all times while the Certificates are outstanding the Town will
provide a competent and legally qualified bank, trust company, financial institution or other agency
to act as and perform the services of Paying Agent/Registrar for the Certificates under this
Ordinance, and that the Paying Agent/Registrar will be one entity. The Town reserves the right
to, and may, at its option, change the Paying Agent/Registrar upon not less than 50 days written
notice to the Paying Agent/Registrar, to be effective not later than 45 days prior to the next
principal or interest payment date after such notice. In the event that the entity at any time acting
as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign
or otherwise cease to act as such, the Town covenants that promptly it will appoint a competent
and legally qualified bank, trust company, financial institution, or other agency to act as Paying
Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the
previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a
copy thereof), along with all other pertinent books and records relating to the Certificates, to the
new Paying Agent/Registrar designated and appointed by the Town. Upon any change in the
Paying Agent/Registrar, the Town promptly will cause a written notice thereof to be sent by the
new Paying Agent/Registrar to each registered owner of the Certificates, by United States mail,
first-class postage prepaid, which notice also shall give the address of the new Paying
Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar
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shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this
Ordinance shall be delivered to each Paying Agent/Registrar.
(e) General Characteristics of the Certificates. The Certificates (i) shall be issued in
fully registered form, without interest coupons, with the principal of and interest on such
Certificates to be payable only to the Registered Owners thereof, (ii) may be redeemed prior to
their scheduled maturities (notice of which shall be given to the Paying Agent/Registrar by the
Town at least 35 days prior to any such redemption date), (iii) may be tran sferred and assigned,
(iv) may be converted and exchanged for other Certificates, (v) shall have the characteristics,
(vi) shall be signed, sealed, executed and authenticated, (vii) the principal of and interest on the
Certificates shall be payable, and (viii) shall be administered and the Paying Agent/Registrar and
the Town shall have certain duties and responsibilities with respect to the Certificates, all as
provided, and in the manner and to the effect as required or indicated, in the FORM OF
CERTIFICATE set forth as Exhibit A of this Ordinance. The Certificates initially issued and
delivered pursuant to this Ordinance are not required to be, and shall not be, authenticated by the
Paying Agent/Registrar, but on each substitute Certificate issued in conversion of and exchange
for any Certificate or Certificates issued under this Ordinance the Paying Agent/Registrar shall
execute the Paying Agent/registrar’s Authentication Certificate, in the FORM OF CERTIFICATE
set forth as Exhibit A of this Ordinance.
(f) Book-Entry-Only System. Unless the Certificates are sold by private placement,
the Certificates issued in exchange for the Certificates initially issued to the Underwriter shall be
initially issued in the form of a separate single fully registered Certificate for each of the maturities
thereof. Upon initial issuance, the ownership of each such Certificate shall be registered in the
name of Cede & Co., as nominee of The Depository Trust Company of New York (“DTC”), and
except as provided in subsection (g) of this Section, all of the outstanding Certificates shall be
registered in the name of Cede & Co., as nominee of DTC.
With respect to Certificates registered in the name of Cede & Co., as nominee of DTC, the
Town and the Paying Agent/Registrar shall have no responsibility or obligation to any securities
brokers and dealers, banks, trust companies, clearing corporations and certain other organizations
on whose behalf DTC was created (“DTC Participant”) to hold securities to facilitate the clearance
and settlement of securities transactions among DTC Participants or to any person on behalf of
whom such a DTC Participant holds an interest in the Certificates. Without limiting the
immediately preceding sentence, the Town and the Paying Agent/Re gistrar shall have no
responsibility or obligation with respect to (i) the accuracy of the records of DTC, Cede & Co. or
any DTC Participant with respect to any ownership interest in the Certificates, (ii) the delivery to
any DTC Participant or any other person, other than a registered owner of Certificates, as shown
on the Registration Books, of any notice with respect to the Certificates, or (iii) the payment to any
DTC Participant or any other person, other than a registered owner of Certificates, as shown in the
Registration Books of any amount with respect to principal of or interest on the Certificates.
Notwithstanding any other provision of this Ordinance to the contrary, the Town and the Paying
Agent/Registrar shall be entitled to treat and consider the person in whose name each Certificate
is registered in the Registration Books as the absolute owner of such Certificate for the purpose of
payment of principal and interest with respect to such Certificate, for the purpose of registering
transfers with respect to such Certificate, and for all other purposes whatsoever. The Paying
Agent/Registrar shall pay all principal of and interest on the Certificates only to or upon the order
of the registered owners, as shown in the Registration Books as provided in this Ordinance, or their
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respective attorneys duly authorized in writing, and all such payments shall be valid and effective
to fully satisfy and discharge the Town’s obligations with respect to payment of principal of and
interest on the Certificates to the extent of the sum or sums so paid. No person other than a
registered owner, as shown in the Registration Books, shall receive a physical Certificate
evidencing the obligation of the Town to make payments of principal and interest pursuant to this
Ordinance. Upon delivery by DTC to the Paying Agent/Registrar of written notice to the effect
that DTC has determined to substitute a new nominee in place of Cede & Co., and subject to the
provisions in this Ordinance with respect to interest checks being mailed to the registered owner
at the close of business on the Record Date, the words “Cede & Co.” in this Ordinance shall refer
to such new nominee of DTC.
(g) Successor Securities Depository; Transfers Outside Book-Entry-Only System. If
the Certificates are subject to the DTC book-entry system, and in the event that the Town
determines that DTC is incapable of discharging its responsibilities described herein and in the
representation letter of the Town to DTC or that it is in the best interest of the beneficial owners
of the Certificates that they be able to obtain certificated Certificates, the Town shall (i) appoint a
successor securities depository, qualified to act as such under Section 17A of the Securities and
Exchange Act of 1934, as amended, notify DTC and DTC Participants of the appointment of such
successor securities depository and transfer one or more separate Certificates to such successor
securities depository or (ii) notify DTC and DTC Participants of the availability through DTC of
Certificates and transfer one or more separate Certificates to DTC Participants having Certificates
credited to their DTC accounts. In such event, the Certificates shall no longer be restricted to being
registered in the Registration Books in the name of Cede & Co., as nominee of DTC, but may be
registered in the name of the successor securities depository, or its nominee, or in whatever name
or names registered owners transferring or exchanging Certificates shall designate, in accordance
with the provisions of this Ordinance.
(h) Payments to Cede & Co. Notwithstanding any other provision of this Ordinance to
the contrary, so long as any Certificate is registered in the name of Cede & Co., as nominee of
DTC, all payments with respect to principal of and interest on such Certificate and all notices with
respect to such Certificate shall be made and given, respectively, in the manner provided in the
representation letter of the Town to DTC.
(i) Cancellation of Initial Certificate. On the Issuance Date, one initial Certificate
representing the entire principal amount of the Certificates, payable in stated installments to the
order of the Underwriter or its designee, executed by manual or facsimile signature of the Mayor
and the Town Secretary, approved by the Attorney General and registered and manually signed by
the Comptroller, will be delivered to the Underwriter or its designee. If the Certificates are sold
subject to the book-entry system of DTC, then upon payment for the initial Certificate, the Paying
Agent/Registrar shall insert the Issuance Date on Certificate No. T-1, cancel the initial Certificate
and deliver to DTC on behalf of the Underwriter one registered definitive Certificate for each year
of maturity of the Certificates, in the aggregate principal amount of all of the Certificates for such
maturity, registered in the name of Cede & Co., as nominee of DTC. To the extent that the Paying
Agent/Registrar is eligible to participate in DTC’s FAST System, pursuant to an agreement
between the Paying Agent/Registrar and DTC, the Paying Agent/Registrar shall hold the definitive
Certificates in safekeeping for DTC.
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(j) Conditional Notice of Redemption. With respect to any optional redemption of the
Certificates, unless certain prerequisites to such redemption required by this Ordinance have been
met and moneys sufficient to pay the principal of and premium, if any, and interest on the
Certificates to be redeemed shall have been received by the Paying Agent/Registrar prior to the
giving of such notice of redemption, such notice may state that said redemption may, at the option
of the Town, be conditional upon the satisfaction of such prerequisites and receipt of such moneys
by the Paying Agent/Registrar on or prior to the date fixed for such redemption, or upon any
prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given
and such prerequisites to the redemption and sufficient moneys are not received, such notice shall
be of no force and effect, the Town shall not redeem such Certificates and the Paying
Agent/Registrar shall give notice, in the manner in which the notice of redemption was given, to
the effect that the Certificates have not been redeemed.
SECTION 5
FORM OF CERTIFICATES. The form of the Certificate, including the form of Paying
Agent/Registrar’s Authentication Certificate, the form of Assignment and the form of Registration
Certificate of the Comptroller of Public Accounts of the State to be attached only to the Certificates
initially issued and delivered pursuant to this Ordinance, shall be, respectively, substantially in the
form provided in Exhibit A, with such appropriate variations, omissions, or insertions as are
permitted or required by this Ordinance. The Form of Certificate as it appears in Exhibit A shall
be completed, amended and modified by Bond Counsel to incorporate the information set forth in
the Pricing Certificate, but it is not required for the Form of Certificate to be reproduced as an
exhibit to the Pricing Certificate.
SECTION 6
INTEREST AND SINKING FUND; SURPLUS REVENUES
(a) A special “Interest and Sinking Fund” is hereby created and shall be established and
maintained by the Town at an official depository bank of said Town. Said Interest and Sinking
Fund shall be kept separate and apart from all other funds and accounts of said Town, and shall
be used only for paying the interest on and principal of said Certificates. All amounts received
from the sale of the Certificates as accrued interest shall be deposited upon receipt to the Interest
and Sinking Fund, and all ad valorem taxes levied and collected for and on account of said
Certificates shall be deposited, as collected, to the credit of said Interest and Sinking Fund.
During each year while any of said Certificates are outstanding and unpaid, the governing body
of said Town shall compute and ascertain a rate and amount of ad valorem tax that will be
sufficient to raise and produce the money required to pay the interest on said Certificates as such
interest comes due, and to provide and maintain a sinking fund adequate to pay the principal of
said Certificates as such principal matures (but never less than 2% of the original amount of said
Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax
rolls of said Town, with full allowances being made for tax delinquencies and the cost of tax
collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be
levied, against all taxable property in said Town, for each year while any of said Certificates are
outstanding and unpaid, and said tax shall be assessed and collected each such year and
deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes
sufficient to provide for the payment of the interest on and principal of said Certificates, as such
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interest comes due and such principal matures, are hereby pledged for such payment, within the
limits prescribed by law.
(b) The Certificates are additionally secured by and payable from a pledge of the
revenues of the Town’s combined Waterworks and Sewer Systems remaining after payment of all
operation and maintenance expenses thereof (the “Net Revenues”), and all debt service, reserve
and other requirements in connection with all of the Town’s revenue obligations (now or hereafter
outstanding) that are payable from all or part of the Net Revenues of the Town’s Waterworks and
Sewer Systems, constituting “Surplus Revenues.” The Town shall deposit such Surplus Revenues
to the credit of the Interest and Sinking Fund created pursuant to Section 6, to the extent necessary
to pay the principal and interest on the Certificates. Notwithstanding the requirements of Section
6, if Surplus Revenues are actually on deposit in the Interest and Sinking Fund in advance of the
time when ad valorem taxes are scheduled to be levied for any year, then the amount of taxes that
otherwise would have been required to be levied pursuant to Section 6 may be reduced to the extent
and by the amount of the Surplus Revenues then on deposit in the Interest and Sinking Fund. The
Town reserves the right, without condition or limitation, to issue other obligations secured in whole
or in part by a parity lien on and pledge of the Surplus Revenues, for any purpose permitted by
law.
(c) Article 1208, Government Code, applies to the issuance of the Certificates and the
pledge of the taxes and Surplus Revenues granted by the Town hereunder, and is therefore valid,
effective and perfected. Should State law be amended at any time while the Certificates are
outstanding and unpaid, the result of such amendment being that the pledge of the taxes and
Surplus Revenues granted by the Town hereunder is to be subject to the filing requirements of
Chapter 9, Business and Commerce Code, in order to preserve to the registered owners of the
Certificates a security interest in said pledge, the Town agrees to take such measures as it
determines are reasonable and necessary under State law to comply with the applicable provisions
of Chapter 9, Business and Commerce Code and enable a filing of a security interest in said pledge
to occur.
SECTION 7
DEFEASANCE OF CERTIFICATES.
(a) Any Certificate and the interest thereon shall be deemed to be paid, retired and no
longer outstanding (a “Defeased Certificate”) within the meaning of this Ordinance, except to the
extent provided in subsection (d) of this Section, when payment of the principal of such Certificate,
plus interest thereon to the due date (whether such due date be by reason of maturity or otherwise)
either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii)
shall have been provided for on or before such due date by irrevocably depositing with or making
available to the Paying Agent/Registrar in accordance with an escrow agreement or other
instrument (the “Future Escrow Agreement”) for such payment (1) lawful money of the United
States of America sufficient to make such payment or (2) Defeasance Securities that mature as to
principal and interest in such amounts and at such times as will insure the availability, without
reinvestment, of sufficient money to provide for such payment, and when proper arrangements
have been made by the Town with the Paying Agent/Registrar for the payment of its services until
all Defeased Certificates shall have become due and payable. At such time as a Certificate shall
be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest
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thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem
taxes herein levied and pledged or the pledge of Surplus Revenues as provided in this Ordinance,
and such principal and interest shall be payable solely from such money or Defeasance Securities.
Notwithstanding any other provision of this Ordinance to the contrary, it is hereby provided that
any determination not to redeem Defeased Certificates that is made in conjunction with the
payment arrangements specified in subsection 6(a)(i) or (ii) shall not be irrevocable, provided that:
(1) in the proceedings providing for such payment arrangements, the Town expressly reserves the
right to call the Defeased Certificates for redemption; (2) gives notice of the reservation of that
right to the owners of the Defeased Certificates immediately following the making of the payment
arrangements; and (3) directs that notice of the reservation be included in any redemption notices
that it authorizes.
(b) Any moneys so deposited with the Paying Agent/Registrar may at the written
direction of the Town be invested in Defeasance Securities, maturing in the amounts and times as
hereinbefore set forth, and all income from such Defeasance Securities received by the Paying
Agent/Registrar that is not required for the payment of the Certificates and interest thereon, with
respect to which such money has been so deposited, shall be turned over to the Town, or deposited
as directed in writing by the Town. Any Future Escrow Agreement pursuant to which the money
and/or Defeasance Securities are held for the payment of Defeased Certificates may contain
provisions permitting the investment or reinvestment of such moneys in Defeasance Securities or
the substitution of other Defeasance Securities upon the satisfaction of the requirements specified
in subsection 6(a)(i) or (ii). All income from such Defeasance Securities received by the Paying
Agent/Registrar which is not required for the payment of the Defeased Certificates, with respect
to which such money has been so deposited, shall be remitted to the Town or deposited as directed
in writing by the Town.
(c) Subject to any statement to the contrary that may be included in the Pricing
Certificate, the term “Defeasance Securities” means any securities and obligations now or hereafter
authorized by State law that are eligible to refund, retire or otherwise discharge obligations such
as the Certificates.
(d) Until all Defeased Certificates shall have become due and payable, the Paying
Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased
Certificates the same as if they had not been defeased, and the Town shall make proper
arrangements to provide and pay for such services as required by this Ordinance.
(e) In the event that the Town elects to defease less than all of the principal amount of
Certificates of a maturity, the Paying Agent/Registrar shall select, or cause to be selected, such
amount of Certificates by such random method as it deems fair and appropriate.
SECTION 8
DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES.
(a) Replacement Certificates. In the event any outstanding Certificate is damaged,
mutilated, lost, stolen or destroyed, the Paying Agent/Registrar shall cause to be printed, executed
and delivered, a new certificate of the same principal amount, maturity and interest rate, as the
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damaged, mutilated, lost, stolen or destroyed Certificate, in replacement for such Certificate in the
manner hereinafter provided.
(b) Application for Replacement Certificates. Application for replacement of
damaged, mutilated, lost, stolen or destroyed Certificates shall be made by the registered owner
thereof to the Paying Agent/Registrar. In every case of loss, theft or destruction of a Certificate,
the registered owner applying for a replacement certificate shall furnish to the Town and to the
Paying Agent/Registrar such security or indemnity as may be required by them to save each of
them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft or
destruction of a Certificate, the registered owner shall furnish to the Town and to the Paying
Agent/Registrar evidence to their satisfaction of the loss, theft or destruction of such Certificate,
as the case may be. In every case of damage or mutilation of a Certificate, the registered owner
shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or
mutilated.
(c) No Default Occurred. Notwithstanding the foregoing provisions of this Ordinance,
in the event any such Certificate shall have matured, and no default has occurred that is then
continuing in the payment of the principal of, redemption premium, if any, or interest on the
Certificate, the Town may authorize the payment of the same (without surrender thereof except in
the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate,
provided security or indemnity is furnished as above provided in this Section.
(d) Charge for Issuing Replacement Certificates. Prior to the issuance of any
replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such
Certificate with all legal, printing, and other expenses in connection therewith. Every replacement
certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate
is lost, stolen or destroyed shall constitute a contractual obligation of the Town whether or not the
lost, stolen or destroyed Certificate shall be found at any time, or be enforceable by anyone, and
shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all
other Certificates duly issued under this Ordinance.
(e) Authority for Issuing Replacement Certificates. In accordance with Section
1206.022, Government Code, this Section shall constitute authority for the issuance of any such
replacement certificate without necessity of further action by the governing body of the Town or
any other body or person, and the duty of the replacement of such certificates is hereby authorized
and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate
and deliver such Certificates in the form and manner and with the effect, as provided in Section
3(a) of this Ordinance for Certificates issued in conversion and exchange for other Certificates.
SECTION 9
CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; BOND
COUNSEL’S OPINION; CUSIP NUMBERS AND CONTINGENT INSURANCE PROVISION,
IF OBTAINED; ENGAGEMENT OF BOND COUNSEL.
(a) The Mayor of the Town is hereby authorized to have control of the Certificates
initially issued and delivered hereunder and all necessary records and proceedings pertaining to
the Certificates pending their delivery and their investigation, examination and approval by the
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Attorney General and their registration by the Comptroller. Upon registration of the Certificates,
the Comptroller (or a deputy designated in writing to act for the Comptroller) shall manually sign
the Comptroller’s Registration Certificate attached to such Certificates, and the seal of the
Comptroller shall be impressed, or placed in facsimile, on such Certificate. The approving legal
opinion of the Town’s Bond Counsel and the assigned CUSIP numbers may, at the option of the
Town, be printed on the Certificates issued and delivered under this Ordinance, but neither shall
have any legal effect, and shall be solely for the convenience and information of the registered
owners of the Certificates. In addition, if bond insurance is obtained, the payment of the insurance
premium is hereby approved and the Certificates may bear an appropriate legend as provided by
the insurer.
(b) The obligation of the Underwriter to accept delivery of the Certificates is subject to
the Underwriter being furnished with the final, approving opinion of McCall, Parkhurst & Horton
L.L.P., bond counsel to the Town, which opinion shall be dated as of and delivered on the date of
initial delivery of the Certificates to the Underwriter. The engagement of such firm as bond
counsel to the Town in connection with issuance, sale and delivery of the Certificates is hereby
approved and confirmed.
SECTION 10
COVENANTS REGARDING TAX EXEMPTION OF INTEREST ON THE
CERTIFICATES.
(a) Covenants. The Town covenants to take any action necessary to assure, or refrain
from any action which would adversely affect, the treatment of the Certificates as obligations
described in section 103 of the Internal Revenue Code of 1986, as amended (the “Code”), the
interest on which is not includable in the “gross income” of the holder for purposes of federal
income taxation. In furtherance thereof, the Town covenants as follows:
(1) to take any action to assure that no more than 10 percent of the proceeds of
the Certificates or the projects financed therewith (less amounts deposited to a reserve fund,
if any) are used for any “private business use,” as defined in section 141(b)(6) of the Code
or, if more than 10 percent of the proceeds or the projects financed therewith are so used,
such amounts, whether or not received by the Town, with respect to such private business
use, do not, under the terms of this Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 10 percent of the debt service
on the Certificates, in contravention of section 141(b)(2) of the Code;
(2) to take any action to assure that in the event that the “private business use”
described in subsection (1) hereof exceeds 5 percent of the proceeds of the Certificates or
the projects financed therewith (less amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a “private business use” which is “related” and
not “disproportionate,” within the meaning of section 141(b)(3) of the Code, to the
governmental use;
(3) to take any action to assure that no amount which is greater than the lesser
of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into
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a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than
state or local governmental units, in contravention of section 141(c) of the Code;
(4) to refrain from taking any action which would otherwise result in the
Certificates being treated as “private activity bonds” within the meaning of section 141(b)
of the Code;
(5) to refrain from taking any action that would result in the Certificates being
“federally guaranteed” within the meaning of section 149(b) of the Code;
(6) to refrain from using any portion of the proceeds of the Certificates, directly
or indirectly, to acquire or to replace funds which were used, directly or indirectly, to
acquire investment property (as defined in section 148(b)(2) of the Code) which produces
a materially higher yield over the term of the Certificates, other than investment property
acquired with B
(A) proceeds of the Certificates invested for a reasonable temporary
period of 3 years or less or, in the case of a refunding bond, for a period of 90 days
or less until such proceeds are needed for the purpose for which the bonds are
issued,
(B) amounts invested in a bona fide debt service fund, within the
meaning of section l.148 1(b) of the Treasury Regulations, and
(C) amounts deposited in any reasonably required reserve or
replacement fund to the extent such amounts do not exceed 10 percent of the
proceeds of the Certificates;
(7) to otherwise restrict the use of the proceeds of the Certificates or amounts
treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not
otherwise contravene the requirements of section 148 of the Code (relating to arbitrage);
(8) to refrain from using the proceeds of the Certificates or proceeds of any
prior bonds to pay debt service on another issue more than 90 days after the date of issue
of the Certificates in contravention of the requirements of section 149(d) of the Code
(relating to advance refundings); and
(9) to pay to the United States of America at least once during each five-year
period (beginning on the date of delivery of the Certificates) an amount that is at least equal
to 90 percent of the “Excess Earnings,” within the meaning of section 148(f) of the Code
and to pay to the United States of America, not later than 60 days after the Certificates have
been paid in full, 100 percent of the amount then required to be paid as a result of Excess
Earnings under section 148(f) of the Code.
(b) Rebate Fund. In order to facilitate compliance with the above covenant (8), a
“Rebate Fund” is hereby established by the Town for the sole benefit of the United States of
America, and such fund shall not be subject to the claim of any other person, including without
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limitation the bondholders. The Rebate Fund is established for the additional purpose of
compliance with section 148 of the Code.
(c) Use of Proceeds. The Town understands that the term “proceeds” includes
“disposition proceeds” as defined in the Treasury Regulations and, in the case of refunding bonds,
transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of
issuance of the Certificates. It is the understanding of the Town that the covenants contained
herein are intended to assure compliance with the Code and any regulations or rulings promulgated
by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings
are hereafter promulgated which modify or expand provisions of the Code, as applicable to the
Certificates, the Town will not be required to comply with any covenant contained herein to the
extent that such failure to comply, in the opinion of nationally recognized bond counsel, will not
adversely affect the exemption from federal income taxation of interest on the Certificates under
section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which
impose additional requirements which are applicable to the Certificates, the Town agrees to
comply with the additional requirements to the extent necessary, in the opinion of nationally
recognized bond counsel, to preserve the exemption from federal income taxation of interest on
the Certificates under section 103 of the Code. In furtherance of such intention, the Town hereby
authorizes and directs the Mayor, the Mayor Pro Tem, the Finance Director, the Town Secretary
and each Pricing Officer to execute any documents, certificates or reports required by the Code
and to make such elections, on behalf of the Town, which may be permitted by the Code as are
consistent with the purpose for the issuance of the Certificates.
(d) Allocation of, and Limitation on, Expenditures for the Projects. The Town
covenants to account for the expenditure of sale proceeds and investment earnings to be used for
the Projects on its books and records in accordance with the requirements of the Code. The Town
recognizes that in order for the proceeds to be considered used for the reimbursement of costs, the
proceeds must be allocated to expenditures within 18 months of the later of the date that (1) the
expenditure is made, or (2) the Projects are completed; but in no event later than three years after
the date on which the original expenditure is paid. The foregoing notwithstanding, the Town
recognizes that in order for proceeds to be expended under the Code, the sale proceeds or
investment earnings must be expended no more than 60 days after the earlier of (1) the fifth
anniversary of the delivery of the Certificates, or (2) the date the Certificates are retired. The Town
agrees to obtain the advice of nationally-recognized bond counsel if such expenditure fails to
comply with the foregoing to assure that such expenditure will not adversely affect the tax-exempt
status of the Certificates. For purposes hereof, the Town shall not be obligated to comply with this
covenant if it obtains an opinion that such failure to comply will not adversely affect the
excludability for federal income tax purposes from gross income of the interest.
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(e) Disposition of the Projects. The Town covenants that the property constituting the
Projects will not be sold or otherwise disposed in a transaction resulting in the receipt by the Town
of cash or other compensation, unless any action taken in connection with such disposition will
not adversely affect the tax-exempt status of the Certificates. For purpose of the foregoing, the
Town may rely on an opinion of nationally-recognized bond counsel that the action taken in
connection with such sale or other disposition will not adversely affect the tax-exempt status of
the Certificates. For purposes of the foregoing, the portion of the property comprising personal
property and disposed in the ordinary course shall not be treated as a transaction resulti ng in the
receipt of cash or other compensation. For purposes hereof, the Town shall not be obligated to
comply with this covenant if it obtains an opinion that such failure to comply will not adversely
affect the excludability for federal income tax purposes from gross income of the interest.
SECTION 11
SALE OF CERTIFICATES; OFFICIAL STATEMENT. (a) The Certificates shall be sold
and delivered subject to the provisions hereof and pursuant to the terms and provisions of a bond
purchase agreement, notice of sale and bidding instructions or private placement agreement
(collectively and individually, the “Purchase Agreement”), each of which the Pricing Officer is
hereby authorized to execute and deliver and in which the Underwriter shall be designated. The
Certificates shall initially be registered in the name of the Underwriter, unless otherwise set forth
in the Pricing Certificate.
(b) The Pricing Officer is hereby authorized, in the name and on behalf of the Town, to
approve the distribution and delivery of a preliminary official statement and a final official
statement relating to the Certificates to be used by the Underwriter in the marketing of the
Certificates, if applicable.
SECTION 12
FURTHER PROCEDURES; ENGAGEMENT OF BOND COUNSEL; ATTORNEY
GENERAL FILING FEE; APPROPRIATION. (a) The Mayor, the Mayor Pro Tem, the Finance
Director, the Town Secretary and each Pricing Officer, individually or jointly, shall be and they
are hereby expressly authorized, empowered and directed from time to time and at any time to do
and perform all such acts and things and to execute, acknowledge and deliver in the name and
under the corporate seal and on behalf of the Town such documents, certificates and instruments,
whether or not herein mentioned, as may be necessary or desirable in order to carry out the terms
and provisions of this Ordinance, the Letter of Representations, the Certificates and the sale of the
Certificates. In addition, prior to the delivery of the Certificates, the Mayor, the Mayor Pro Tem,
the Finance Director, the Town Secretary and each Pricing Officer are each hereby authorized and
directed to approve any changes or corrections to this Ordinance or to any of the documents
authorized and approved by this Ordinance: (i) in order to cure any ambiguity, formal defect, or
omission in this Ordinance or such other document, or (ii) as requested by the Attorney General
or his representative to obtain the approval of the Certificates by the Attorney General. In case any
officer whose signature shall appear on any Certificate shall cease to be such officer before the
delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all
purposes the same as if such officer had remained in office until such delivery.
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(b) The obligation of the Underwriter to accept delivery of the Certificates is subject to the
Underwriter being furnished with the final, approving opinion of McCall, Parkhurst & Horton
L.L.P., bond counsel to the Town, which opinion shall be dated as of and delivered on the Issuance
Date. The engagement of such firm as bond counsel to the Town in connection with issuance, sale
and delivery of the Certificates is hereby approved and confirmed.
(c) To pay the debt service coming due on the Certificates, if any (as determined by the
Pricing Certificate) prior to receipt of the taxes levied to pay such debt s ervice, there is hereby
appropriated from current funds on hand, which are hereby certified to be on hand and available
for such purpose, an amount sufficient to pay such debt service, and such amount shall be used for
no other purpose.
(d) In accordance with the provisions of Section 1202.004, Texas Government Code, in
connection with the submission of the Certificates to the Attorney General for review and approval,
a statutory fee (an amount equal to 0.1% principal amount of the Certificates, subject to a minimum
of $750 and a maximum of $9,500) is required to be paid to the Attorney General upon the
submission of the transcript of proceedings for the Certificates. The Town hereby authorizes and
directs that a check in the amount of the Attorney General filing fee for the Certificates, made
payable to the “Texas Attorney General,” be promptly furnished to the Town’s Bond Counsel, for
payment to the Attorney General in connection with his review of the Certificates.
SECTION 13
COMPLIANCE WITH RULE 15c2-12. (a) If the Certificates are sold by public offering,
and are subject to the Rule (as defined below), the following provisions shall apply, unless
modified by the Pricing Officer in the Pricing Certificate:
(i) Definitions. As used in this Section, the following terms have the meanings
ascribed to such terms below:
“Financial Obligation” means a: (a) debt obligation; (b) derivative instrument entered into
in connection with, or pledged as security or a source of payment for, an existing or planned debt
obligation; or (c) a guarantee of the foregoing (a) and (b). The term Financial Obligation does not
include any municipal securities as to which a final official statement has been provided to the
MSRB consistent with the Rule.
“MSRB” means the Municipal Securities Rulemaking Board or any successor to its
functions under the Rule.
“Rule” means SEC Rule 15c2 12, as amended from time to time.
“SEC” means the United States Securities and Exchange Commission.
(ii) Annual Reports. (A) The Town shall provide annually to the MSRB, within the
timeframe set forth in the Pricing Certificate, in the electronic format prescribed by the MSRB,
certain updated financial information and operating data pertaining to the Town, being the
information described in the Pricing Certificate.
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(B) Any financial information described in the Pricing Certificate to be
provided shall be (i) prepared in accordance with the accounting principles described in the
financial statements of the Town appended to the Official Statement, or such other
accounting principles as the Town may be required to employ from time to time pursuant
to state law or regulation, and (ii) audited, if the Town commissions an audit of such
statements and the audit is completed within the period during which they must be
provided. If the audit of such financial statements is not completed within the period set
forth in the Pricing Certificate, then the Town shall provide unaudited financial information
of the type described in the Pricing Certificate within such period, and audited financial
statements for the applicable fiscal year to the MSRB, when and if the audit report on such
statements becomes available.
(C) If the Town changes its fiscal year, it will notify the MSRB of the change
(and of the date of the new fiscal year end) prior to the next date by which the Town
otherwise would be required to provide financial information and operating data pursuant
to this Section.
(D) All financial information, operating data, financial statements and notices
required by this Section to be provided to the MSRB shall be provided in an electronic
format and be accompanied by identifying information prescribed by the MSRB. Financial
information and operating data to be provided pursuant to this Section may be set forth in
full in one or more documents or may be included by specific reference to any document
(including an official statement or other offering document) available to the public on the
MSRB’s Internet Web site or filed with the SEC.
(iii) Event Notices. The Town shall notify the MSRB, in a timely manner not in excess
of ten business days after the occurrence of the event, of any of the following events with respect
to the Certificates:
(1) Principal and interest payment delinquencies;
(2) Non-payment related defaults, if material;
(3) Unscheduled draws on debt service reserves reflecting financial difficulties;
(4) Unscheduled draws on credit enhancements reflecting financial difficulties;
(5) Substitution of credit or liquidity providers, or their failure to perform;
(6) Adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue
(IRS Form 5701-TEB), or other material notices or determinations with
respect to the tax status of the Certificates, or other material events affecting
the tax status of the Certificates;
(7) Modifications to rights of holders of the Certificates, if material;
(8) Certificate calls, if material, and tender offers;
(9) Defeasances;
(10) Release, substitution, or sale of property securing repayment of the
Certificates, if material;
(11) Rating changes;
(12) Bankruptcy, insolvency, receivership, or similar event of the Town;
(13) The consummation of a merger, consolidation, or acquisition involving the
Town or the sale of all or substantially all of the assets of the Town, other
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than in the ordinary course of business, the entry into of a definitive
agreement to undertake such an action or the termination of a definitive
agreement relating to any such actions, other than pursuant to its terms, if
material; and
(14) Appointment of a successor or additional paying agent/registrar or the
change of name of a paying agent/registrar, if material;
(15) Incurrence of a Financial Obligation of the Town, if material, or agreement
to covenants, events of default, remedies, priority rights, or other similar
terms of a Financial Obligation of the Town, any of which affect security
holders, if material; and
(16) Default, event of acceleration, termination event, modification of terms, or
other similar events under the terms of a Financial Obligation of the Town,
any of which reflect financial difficulties.
For these purposes, (a) any event described in the immediately preceding paragraph (12) is
considered to occur when any of the following occur: the appointment of a receiver, fiscal agent,
or similar officer for the Town in a proceeding under the United States Bankruptcy Code or in any
other proceeding under state or federal law in which a court or governmental authority has assumed
jurisdiction over substantially all of the assets or business of the Town, or if such jurisdiction has
been assumed by leaving the existing governing body and officials or officers of the Town in
possession but subject to the supervision and orders of a court or governmental authority, or the
entry of an order confirming a plan of reorganization, arrangement, or liquidation by a court or
governmental authority having supervision or jurisdiction over substantially all of the assets or
business of the Town, and (b) the Town intends the words used in the immediately preceding
paragraphs (15) and (16) and the definition of Financial Obligation in this Section to have the same
meanings as when they are used in the Rule, as evidenced by SEC Release No. 34 -83885, dated
August 20, 2018.
The Town shall notify the MSRB, in a timely manner, of any failure by the Town to provide
financial information or operating data in accordance with subsection (a)(ii) of this Section by the
time required by subsection (a)(ii).
(iv) Limitations, Disclaimers and Amendments. (A) The Town shall be obligated to
observe and perform the covenants specified in this Section for so long as, but only for so long as,
the Town remains an “obligated person” with respect to the Certificates within the meaning of the
Rule, except that the Town in any event will give notice of any deposit made in accordance with
this Ordinance or applicable law that causes the Certificates no longer to be outstanding.
(B) The provisions of this Section are for the sole benefit of the registered
owners and beneficial owners of the Certificates, and nothing in this Section, express or
implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder
to any other person. The Town undertakes to provide only the financial information,
operating data, financial statements, and notices which it has expressly agreed to provide
pursuant to this Section and does not hereby undertake to provide any other information
that may be relevant or material to a complete presentation of the Town’s financial results,
condition, or prospects or hereby undertake to update any information provided in
accordance with this Section or otherwise, except as expressly provided herein. The Town
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does not make any representation or warranty concerning such information or its usefulness
to a decision to invest in or sell Certificates at any future date.
(C) UNDER NO CIRCUMSTANCES SHALL THE TOWN BE LIABLE TO
THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR
ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN
WHOLE OR IN PART FROM ANY BREACH BY THE TOWN, WHETHER
NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT
SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH
PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH
BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC
PERFORMANCE.
(D) No default by the Town in observing or performing its obligations under
this Section shall comprise a breach of or default under the Ordinance for purposes of any
other provision of this Ordinance. Nothing in this Section is intended or shall act to
disclaim, waive, or otherwise limit the duties of the Town under federal and state securities
laws.
(E) The provisions of this Section may be amended by the Town from time to
time to adapt to changed circumstances that arise from a change in legal requirements, a
change in law, or a change in the identity, nature, status, or type of operations of the Town,
but only if (1) the provisions of this Section, as so amended, would have permitted an
underwriter to purchase or sell Certificates in the primary offering of the Certificates in
compliance with the Rule, taking into account any amendments or interpretations of the
Rule since such offering as well as such changed circumstances and (2) either (a) the
registered owners of a majority in aggregate principal amount (or any greater amount
required by any other provision of this Ordinance that authorizes such an amendment) of
the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated
with the Town (such as nationally recognized bond counsel) determined that such
amendment will not materially impair the interest of the registered owners and beneficial
owners of the Certificates. If the Town so amends the provisions of this Section, it shall
include with any amended financial information or operating data next provided in
accordance with subsection (b) of this Section an explanation, in narrative form, of the
reason for the amendment and of the impact of any change in the type of financial
information or operating data so provided. The Town may also amend or repeal the
provisions of this continuing disclosure agreement if the SEC amends or repeals the
applicable provision of the Rule or a court of final jurisdiction enters judgment that such
provisions of the Rule are invalid, but only if and to the extent that the provisions of this
sentence would not prevent an underwriter from lawfully purchasing or selling Certificates
in the primary offering of the Certificates.
(b) If the Certificates are sold by private placement, the Pricing Officer may agree to
provide for an undertaking in accordance with the Rule or may agree to provide other public
information to the Underwriter as may be necessary for the sale of the Certificates on the most
favorable terms to the Town.
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SECTION 14
METHOD OF AMENDMENT. The Town hereby reserves the right to amend this
Ordinance subject to the following terms and conditions, to-wit:
(a) The Town may from time to time, without the consent of any holder, except as
otherwise required by paragraph (b) below, amend or supplement this Ordinance in order to (i)
cure any ambiguity, defect or omission in this Ordinance that does not materially adversely affect
the interests of the holders, (ii) grant additional rights or security for the benefit of the holders, (iii)
add events of default as shall not be inconsistent with the provisions of this Ordinance and that
shall not materially adversely affect the interests of the holders, (iv) qualify this Ordinance under
the Trust Indenture Act of 1939, as amended, or corresponding provisions of federal laws from
time to time in effect, or (v) make such other provisions in regard to matters or questions arising
under this Ordinance as shall not be inconsistent with the provisions of this Ordinance and that
shall not in the opinion of the Town’s Bond Counsel materially adversely affect the interests of
the holders.
(b) Except as provided in paragraph (a) above, the holders of Certificates aggregating
a majority of the aggregate principal amount of then outstanding Certificates that are the subject
of a proposed amendment shall have the right from time to time to approve any amendment hereto
that may be deemed necessary or desirable by the Town; provided, however, that without the
consent of 100% of the holders in aggregate principal amount of the then outstanding Certificates,
nothing herein contained shall permit or be construed to permit amendment of the terms and
conditions of this Ordinance or in any of the Certificates so as to:
(1) Make any change in the maturity of any of the outstanding Certificates;
(2) Reduce the rate of interest borne by any of the outstanding Certificates;
(3) Reduce the amount of the principal of, or redemption premium, if any,
payable on any outstanding Certificates;
(4) Modify the terms of payment of principal or of interest or redemption
premium on outstanding Certificates or any of them or impose any
condition with respect to such payment; or
(5) Change the minimum percentage of the principal amount of any series of
Certificates necessary for consent to such amendment.
(c) If at any time the Town shall desire to amend this Ordinance under subsection (b)
of this Section, the Town shall send by U.S. mail to each registered owner of the affected
Certificates a copy of the proposed amendment.
(d) Whenever at any time within one year from the date of mailing of such notice the
Town shall receive an instrument or instruments executed by the holders of at least a majority in
aggregate principal amount of all of the Certificates then outstanding that are required for the
amendment, which instrument or instruments shall refer to the proposed amendment and that shall
specifically consent to and approve such amendment, the Town may adopt the amendment in
substantially the same form.
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(e) Upon the adoption of any amendatory Ordinance pursuant to the provisions of this
Section, this Ordinance shall be deemed to be modified and amended in accordance with such
amendatory Ordinance, and the respective rights, duties, and obligations of the Town and all
holders of such affected Certificates shall thereafter be determined, exercised, and enforced,
subject in all respects to such amendment.
(f) Any consent given by the holder of a Certificate pursuant to the provisions of this
Section shall be irrevocable for a period of six months from the date of the mailing of the notice
provided for in this Section, and shall be conclusive and binding upon all future holders of the
same Certificate during such period. Such consent may be revoked at any time after six months
from the date of the mailing of said notice by the holder who gave such consent, or by a successor
in title, by filing notice with the Town, but such revocation shall not be effective if the holders of
a majority in aggregate principal amount of the affected Certificates then outstanding, have, prior
to the attempted revocation, consented to and approved the amendment.
(g) For the purposes of establishing ownership of the Certificates, the Town shall rely
solely upon the registration of the ownership of such Certificates on the registration books kept by
the Paying Agent/Registrar.
SECTION 15
DEFAULT AND REMEDIES
(a) Events of Default. Each of the following occurrences or events for the purpose of
this Ordinance is hereby declared to be an Event of Default:
(i) the failure to make payment of the principal of or interest on any of the
Certificates when the same becomes due and payable; or
(ii) default in the performance or observance of any other covenant, agreement or
obligation of the Town, the failure to perform which materially, adversely affects the rights of the
registered owners of the Certificates, including, but not limited to, their prospect or ability to be
repaid in accordance with this Ordinance, and the continuation thereof for a period of 60 days after
notice of such default is given by any Registered Owner to the Town.
(b) Remedies for Default.
(i) Upon the happening of any Event of Default, then and in every case, any
Registered Owner or an authorized representative thereof, including, but not limited to, a trustee
or trustees therefor, may proceed against the Town for the purpose of protecting and enforcing the
rights of the Registered Owners under this Ordinance, by mandamus or other suit, action or special
proceeding in equity or at law, in any court of competent jurisdiction, for any relief permitted by
law, including the specific performance of any covenant or agreement contained herein, or thereby
to enjoin any act or thing that may be unlawful or in violation of any right of the Registered Owners
hereunder or any combination of such remedies.
(ii) It is provided that all such proceedings shall be instituted and maintained for
the equal benefit of all Registered Owners of Certificates then outstanding.
(c) Remedies Not Exclusive.
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22
(i) No remedy herein conferred or reserved is intended to be exclusive of any other
available remedy or remedies, but each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or under the Certificates or now or hereafter
existing at law or in equity; provided, however, that notwithstanding any other provision of this
Ordinance, the right to accelerate the debt evidenced by the Certificates shall not be available as a
remedy under this Ordinance.
(ii) The exercise of any remedy herein conferred or reserved shall not be deemed
a waiver of any other available remedy.
(iii) By accepting the delivery of a Certificate authorized under this Ordinance,
such Registered Owner agrees that the certifications required to effectuate any covenants or
representations contained in this Ordinance do not and shall never constitute or give rise to a
personal or pecuniary liability or charge against the officers, employees or trustees of the Town or
the Council.
SECTION 16
INTEREST EARNINGS ON CERTIFICATE PROCEEDS; USE OF PREMIUM
RECEIVED FROM SALE OF CERTIFICATES. (a) Interest Earnings. Interest earnings derived
from the proceeds that are deposited to the Construction Fund (defined below) shall be retained
therein and used for the purposes for which the Certificates were issued, provided that after the
completion of such purposes, any amounts remaining therein shall be deposited to the Interest and
Sinking Fund for the Certificates. It is further provided, however, that any interest earnings on
Certificate proceeds that are required to be rebated to the United States of America pursuant to this
Ordinance in order to prevent the Certificates from being arbitrage bonds shall be so rebated and
not considered as interest earnings for purposes of this Section.
(b) Use of Certificate Premium. The net premium received from the sale of the
Certificates shall be applied as determined by the Pricing Officer in the Pricing Certificate.
(c) Establishment of Construction Fund.
(i) The Town hereby creates and establishes and shall maintain on the books
of the Town a separate fund to be entitled the “Series 2022 Certificates Construction Fund”
(the “Construction Fund”) for use by the Town for payment of all lawful costs associated
with the Projects. Proceeds of the Certificates in the amount determined by the Pricing
Officer in the Pricing Certificate shall be deposited into the Construction Fund. Upon
payment of all project costs, any moneys remaining on deposit in the Construction Fund
shall be transferred to the Interest and Sinking Fund. Amounts so deposited to the Interest
and Sinking Fund shall be used in the manner described in this Ordinance.
(ii) The Town may place proceeds of the Certificates (including investment
earnings thereon) and amounts deposited into the Interest and Sinking Fund in investments
authorized by the Public Funds Investment Act, Chapter 2256, Texas Government Code,
as amended; provided, however, that the Town hereby covenants that the proceeds of the
sale of the Certificates will be used as soon as practicable for the Projects.
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(iii) All deposits authorized or required by this Ordinance shall be secured to the
fullest extent required by law for the security of public funds.
SECTION 17
EFFECTIVE DATE. In accordance with the provisions of Texas Government Code,
Section 1201.028, this Ordinance shall be effective immediately upon its adoption by the Council.
SECTION 18
SEVERABILITY. If any section, article, paragraph, sentence, clause, phrase or word in
this Ordinance, or application thereof to any persons or circumstances is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect t he validity of
the remaining portion of this Ordinance, despite such invalidity, which remaining portions shall
remain in full force and effect.
SECTION 19
APPROPRIATION. To pay the debt service coming due on the Certificates, if any (as
determined by the Pricing Certificate) prior to receipt of the taxes levied to pay such debt service,
there is hereby appropriated from current funds on hand, which are hereby certified to be on hand
and available for such purpose, an amount sufficient to pay such debt service, and such amount
shall be used for no other purpose.
[Execution page follows]
Page 215
Item 22.
S-1
DULY PASSED, APPROVED, AND ADOPTED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS, ON THIS 27TH DAY OF SEPTEMBER, 2022.
____________________________________
David F. Bristol, Mayor
ATTEST:
____________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
____________________________________
Terrence S. Welch, Town Attorney
Page 216
Item 22.
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Exhibit A
FORM OF CERTIFICATES
(a) The form of the Certificate, including the form of Paying Agent/Registrar’s
Authentication Certificate, the form of Assignment and the form of Registration Certificate of the
Comptroller of Public Accounts of the State of Texas to be attached only to the Certificates initially
issued and delivered pursuant to this Ordinance, shall be, respectively, substantially as follows,
with such appropriate variations, omissions, or insertions as are permitted or required by this
Ordinance and with the Certificates to be completed with information set forth in the Pricing
Certificate. The Form of Certificate as it appears in this Exhibit A shall be completed, amended
and modified by Bond Counsel to incorporate the information set forth in the Pricing Certificate,
but it is not required for the Form of Certificate to be reproduced as an exhibit to the Pricing
Certificate.
NO. R-__
UNITED STATES OF AMERICA
STATE OF TEXAS
TOWN OF PROSPER, TEXAS,
COMBINATION TAX AND SURPLUS
REVENUE CERTIFICATE OF OBLIGATION,
SERIES 2022
PRINCIPAL
AMOUNT
$________
Interest Rate
Issuance Date
Maturity Date
CUSIP No.
_____%
_____, 2022
[February 15], 20__
REGISTERED OWNER:
PRINCIPAL AMOUNT:
ON THE MATURITY DATE specified above, the Town of Prosper, located in Collin and
Denton Counties, Texas (the “Town”), being a political subdivision and municipal corporation of
the State of Texas, hereby promises to pay to the Registered Owner specified above, or registered
assigns (hereinafter called the “Registered Owner”), the Principal Amount specified above. The
Town promises to pay interest on the unpaid principal amount hereof (calculated on the basis of a
360-day year of twelve 30-day months) from the [Issuance Date] above at the Interest Rate per
annum specified above. Interest is payable on [February 15, 2023 and semiannually on each
August 15 and February 15] thereafter to the Maturity Date specified above, or the date of
redemption prior to maturity; except, if this Certificate is required to be authenticated and the date
of its authentication is later than the first Record Date (hereinafter defined), such Principal Amount
shall bear interest from the interest payment date next preceding the date of authentication, unless
such date of authentication is after any Record Date but on or before the next following interest
payment date, in which case such principal amount shall bear interest from such next following
interest payment date; provided, however, that if on the date of authentication hereof the interest
on the Certificate or Certificates, if any, for which this Certificate is being exchanged is due but
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Item 22.
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has not been paid, then this Certificate shall bear interest from the date to which such interest has
been paid in full.
THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money
of the United States of America, without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon presentation and surrender of this
Certificate at maturity, or upon the date fixed for its redemption prior to maturity, at the principal
corporate trust office of [U.S. Bank Trust Company, National Association, Dallas, Texas], which
is the “Paying Agent/Registrar” for this Certificate. The payment of interest on this Certificate
shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest
payment date by check or draft, dated as of such interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Town required by the ordinance
authorizing the issuance of this Certificate (the “Certificate Ordinance”) to be on deposit with the
Paying Agent/Registrar for such purpose as hereinafter provided; and such check or draft shall be
sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such
interest payment date, to the registered owner hereof, at its address as it appeared on the [last
business day] of the month preceding each such date (the “Record Date”) on the Registration
Books kept by the Paying Agent/Registrar, as hereinafter described. In addition, interest may be
paid by such other method, acceptable to the Paying Agent/Registrar, requested by, and at the risk
and expense of, the registered owner. In the event of a non -payment of interest on a scheduled
payment date, and for 30 days thereafter, a new record date for such interest payment (a “Special
Record Date”) will be established by the Paying Agent/Registrar, if and when funds for the
payment of such interest have been received from the Town. Notice of the Special Record Date
and of the scheduled payment date of the past due interest (which shall be 15 days after the Special
Record Date) shall be sent at least five business days prior to the Special Record Date by United
States mail, first-class postage prepaid, to the address of each owner of a Certificate appearing on
the Registration Books at the close of business on the last business day next preceding the date of
mailing of such notice.
ANY ACCRUED INTEREST due at maturity or upon the redemption of this Certificate
prior to maturity as provided herein shall be paid to the registered owner upon presentation and
surrender of this Certificate for redemption and payment at the principal corporate trust office of
the Paying Agent/Registrar. The Town covenants with the registered owner of this Certificate that
on or before each principal payment date, interest payment date, and accrued interest payment date
for this Certificate it will make available to the Paying Agent/Registrar, from the “Interest and
Sinking Fund” created by the Certificate Ordinance, the amounts required to provide for the
payment, in immediately available funds, of all principal of and interest on the Certificates, when
due.
IF THE DATE for the payment of the principal of or interest on this Certificate shall be a
Saturday, Sunday, a legal holiday or a day on which banking institutions in the city where the
principal corporate trust office of the Paying Agent/Registrar is located are authorized by law or
executive order to close, then the date for such payment shall be the next succeeding day that is
not such a Saturday, Sunday, legal holiday or day on which banking institutions are authorized to
close; and payment on such date shall have the same force and effect as if made on the original
date payment was due.
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THIS CERTIFICATE is dated [October 1, 2022], and is authorized in accordance with the
Constitution and laws of the State of Texas in the principal amount of $_____ for paying all or a
portion of the Town’s contractual obligations incurred in connection with (i) acquiring,
constructing, installing and equipping additions, improvements, extensions and equipment for the
Town’s waterworks and sewer system and the acquisition of land and rights-of-way therefor;
(ii) acquiring, constructing and installing stormwater drainage and flood control improvements in
the Town, including dredging, channel improvements and related infrastructure and utility
relocation and the acquisition of land and interests in land necessary for said improvements; and
(iii) paying legal, fiscal and engineering fees in connection with such projects, including payment
of costs of issuance of the Certificates.
ON [FEBRUARY 15, 20__], or any date thereafter, the Certificates of this series may be
redeemed prior to their scheduled maturities, at the option of the Town, with funds derived from
any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates,
or portions thereof, to be redeemed shall be selected and designated by the Town (provided that a
portion of a Certificate may be redeemed only in an integral multiple of $5,000), at a redemption
price equal to the principal amount to be redeemed plus accrued interest to the date fixed for
redemption.
AT LEAST THIRTY days prior to the date fixed for any redemption of Certificates or
portions thereof prior to maturity a written notice of such redemption shall be sent by the Paying
Agent/Registrar by United States mail, first-class postage prepaid to the registered owner of each
Certificate to be redeemed at its address as it appeared on the 45th day prior to such redemption
date; provided, however, that the failure of the registered owner to receive such notice, or any
defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of
the proceedings for the redemption of any Certificate. By the date fixed for any such redemption
due provision shall be made with the Paying Agent/Registrar for the payment of the required
redemption price for the Certificates or portions thereof that are to be so redeemed. If such written
notice of redemption is sent and if due provision for such payment is made, all as provided above,
the Certificates or portions thereof that are to be so redeemed thereb y automatically shall be treated
as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed
for redemption, and they shall not be regarded as being outstanding except for the right of the
registered owner to receive the redemption price from the Paying Agent/Registrar out of the funds
provided for such payment. If a portion of any Certificate shall be redeemed, a substitute
Certificate or Certificates having the same maturity date, bearing interest at the same rate, in any
denomination or denominations in any integral multiple of $5,000, at the written request of the
registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will
be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the
Town, all as provided in the Certificate Ordinance.
WITH RESPECT TO ANY OPTIONAL REDEMPTION OF THE CERTIFICATES,
unless certain prerequisites to such redemption required by the Certificate Ordinance have been
met and money sufficient to pay the principal of and premium, if any, and interest on the
Certificates to be redeemed will have been received by the Paying Agent/Registrar prior to the
giving of such notice of redemption, such notice may state that said redemption may, at the option
of the Town, be conditional upon the satisfaction of such prerequisites and receipt of such money
by the Paying Agent/Registrar on or prior to the date fixed for such redemption or upon any
prerequisite set forth in such notice of redemption. If a conditional notice of redemption is given
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and such prerequisites to the redemption are not fulfilled, such notice will be of no force and effect,
the Town will not redeem such Certificates, and the Paying Agent/Registrar will give notice in the
manner in which the notice of redemption was given, to the effect that such Certificates have not
been redeemed.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates,
without interest coupons, in the principal denomination of any integral multiple of $5,000. As
provided in the Certificate Ordinance, this Certificate may, at the request of the registered owner
or the assignee or assignees hereof, be assigned, transferred, converted into and exchanged for a
like aggregate principal amount of fully registered certificates, without interest coupons, payable
to the appropriate registered owner, assignee or assignees, as the case may be, having the same
denomination or denominations in any integral multiple of $5,000 as requested in writing by the
appropriate registered owner, assignee or assignees, as the case may be, upon surrender of this
Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and
procedures set forth in the Certificate Ordinance. Among other requirements for such assignment
and transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar,
together with proper instruments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion
or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name
or names this Certificate or any such portion or portions hereof is or are to be registered. The form
of Assignment printed or endorsed on this Certificate may be executed by the registered owner to
evidence the assignment hereof, but such method is not exclusive, and other instruments of
assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of
this Certificate or any portion or portions hereof from time to time by the registered owner. The
Paying Agent/Registrar’s reasonable standard or customary fees and charges for assigning,
transferring, converting and exchanging any Certificate or portion thereof will be paid by the
Town. In any circumstance, any taxes or governmental charges required to be paid with respect
thereto shall be paid by the one requesting such assignment, transfer, conversion or exchange, as
a condition precedent to the exercise of such privilege. The Paying Agent/Registrar shall not be
required to make any such transfer, conversion or exchange of any Certificates during the period
commencing with the close of business on any Record Date and ending with the opening of
business on the next following principal or interest payment date or, with respect to any Certificate
or any portion thereof called for redemption prior to maturity, within 45 days prior to its
redemption date; provided, however, such limitation on transfer shall not be applicable to an
exchange by the registered owner of the uncalled balance of a Certificate called for redemption in
part.
IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Town,
resigns, or otherwise ceases to act as such, the Town has covenanted in the Certificate Ordinance
that it promptly will appoint a competent and legally qualified substitute therefor, and cause written
notice thereof to be mailed to the registered owners of the Certificates.
IT IS HEREBY certified, recited and covenanted that this Certificate has been duly and
validly authorized, issued and delivered; that all acts, conditions and things required or proper to
be performed, exist and be done precedent to or in the authorization, issuance and delivery of this
Certificate have been performed, existed and been done in accordance with law; that annual ad
valorem taxes sufficient to provide for the payment of the interest on and principal of this
Certificate, as such interest comes due and such principal matures, have been levied and ordered
to be levied against all taxable property in said Town, and have been pledged for such payment,
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Item 22.
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within the limits prescribed by law, and that this Certificate is additionally secured by and payable
from a pledge of the Surplus Revenues of the System remaining after payment of all operation and
maintenance expenses thereof, and all debt service, reserve, and other requirements in connection
with all of the Town’s revenue bonds or other obligations (now or hereafter outstanding) which
are payable from all or any part of the net revenues of the System, all as provided in the Certificate
Ordinance.
THE TOWN HAS RESERVED THE RIGHT to amend the Certificate Ordinance as
provided therein, and under some (but not all) circumstances amendments thereto must be
approved by the registered owners of a majority in aggregate principal amount of the outstanding
Certificates.
BY BECOMING the registered owner of this Certificate, the registered owner thereby
acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by
such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and
available for inspection in the official minutes and records of the governing body of the Town, and
agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a
contract between each registered owner hereof and the Town.
IN WITNESS WHEREOF, the Town has caused this Certificate to be signed with the
manual or facsimile signature of the Mayor of the Town and countersigned with the manual or
facsimile signature of the Town Secretary of said Town, and has caused the official seal of the
Town to be duly impressed, or placed in facsimile, on this Certificate.
Town Secretary Mayor
Town of Prosper, Texas Town of Prosper, Texas
(Town Seal)
PAYING AGENT/REGISTRAR’S AUTHENTICATION CERTIFICATE
(To be executed if this Certificate is not accompanied by an executed Registration
Certificate of the Comptroller of Public Accounts of the State of Texas)
It is hereby certified that this Certificate has been issued under the provisions of the
Certificate Ordinance described in the text of this Certificate; and that this Certificate has been
issued in conversion or replacement of, or in exchange for, a certificate, certificates, or a portion
of a certificate or certificates of a series that originally w as approved by the Attorney General of
the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas.
Dated: _______________. [U.S. BANK TRUST COMPANY, NATIONAL
ASSOCIATION, Dallas, Texas]
Paying Agent/Registrar
By: _________________________________
Authorized Representative
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Item 22.
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ASSIGNMENT
For value received, the undersigned hereby sells, assigns and transfers unto:
_____________________________________________________________
Please insert Social Security or Taxpayer Identification Number of Transferee
_____________________________________________________________
Please print or type name and address, including zip code of Transferee
the within Certificate and all rights thereunder, and hereby irrevocably constitutes and appoints:
____________________________________, attorney, to register the transfer of the within
Certificate on the books kept for registration thereof, with full power of substitution in the
premises.
Dated: __________________.
Signature Guaranteed:
NOTICE: Signature(s) must be guaranteed by
an eligible guarantor institution participating in
a securities transfer association recognized
signature guarantee program.
NOTICE: The signature above must
correspond with the name of the registered
owner as it appears upon the front of this
Certificate in every particular, without
alteration or enlargement or any change
whatsoever.
COMPTROLLER’S REGISTRATION CERTIFICATE: REGISTER NO. __________
I hereby certify that this Certificate has been examined, certified as to validity and approved
by the Attorney General of the State of Texas, and that this Certificate has been registered by the
Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this _______________.
_________________________________
Comptroller of Public Accounts
of the State of Texas
(COMPTROLLER’S SEAL)
(b) Initial Certificate Insertions.
(i) The initial Certificate shall be in the form set forth is paragraph (a) of this
Section, except that:
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Item 22.
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A. immediately under the name of the Certificate, the headings
“Interest Rate” and “Maturity Date” shall both be completed with
the words “As shown below” and “CUSIP No. _____” shall be
deleted.
B. the first paragraph shall be deleted and the following will be
inserted:
“THE TOWN OF PROSPER, TEXAS, in Collin and Denton Counties, Texas (the
“Town”), being a political subdivision and municipal corporation of the State of Texas, hereby
promises to pay to the Registered Owner specified above, or registered assigns (hereinafter called
the “Registered Owner”), on [February 15] in each of the years, in the principal amounts and
bearing interest at the per annum rates set forth in the following schedule
Years
Principal
Amount
Interest
Rates Years
Principal
Amount
Interest
Rates
2023 2033
2024 2034
2025 2035
2026 2036
2027 2037
2028 2038
2029 2039
2030 2040
2031 2041
2032 2042
The Town promises to pay interest on the unpaid principal amount hereof (calculated on the basis
of a 360-day year of twelve 30-day months) from the [Issuance Date] above, at the respective
Interest Rate per annum specified above. Interest is payable on [February 15, 2023 and
semiannually on each August 15 and February 15] thereafter to the date of payment of the principal
installment specified above, or the date of redemption prior to maturity; except, that if this
Certificate is required to be authenticated and the date of its authentication is later than the first
Record Date (hereinafter defined), such Principal Amount shall bear interest from the interest
payment date next preceding the date of authentication, unless such date of authentication is after
any Record Date but on or before the next following interest payment date, in which case such
principal amount shall bear interest from such next following interest payment date; provided,
however, that if on the date of authentication hereof the interest on the Certificate or Certificates,
if any, for which this Certificate is being exchanged is due but has not been paid, then this
Certificate shall bear interest from the date to which such interest has been paid in full.”
C. The initial Certificate shall be numbered “T-1.”
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Item 22.
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To: Mayor and Town Council
From: Sandy Mattick, Interim Finance Director
Through: Ron K. Patterson, Interim Town Manager
Bob Scott, Executive Director of Administrative Services
Re: Oncor Rate Change
Town Council Meeting – September 27, 2022
Agenda Item:
Consider and act upon a resolution to deny the application of Oncor Electric Delivery Company
LLC for approval to increase system-wide transmission and distribution rates within the Town.
Description of Agenda Item:
Oncor Electric Delivery Company ("Oncor" or "the Company") filed an application on or about May
13, 2022, with cities retaining original jurisdiction seeking to increase system-wide transmission
and distribution rates by about $251 million or approximately 4.5% over present revenues. The
Company asks the Town to approve an 11.2% increase in residential rates and a 1.6% increase
in street lighting rates. If approved, a residential customer using 1,300 kWh per month would see
a bill increase of about $6.02 per month.
At the June 2022 Council Meeting, Oncor’s rate request was suspended from taking effect for 90
days, the fullest extent permissible under the law. This time period has permitted the Town,
through its participation with the Steering Committee of Cities Served by Oncor (“Steering
Committee”), to determine that the proposed rate increase is unreasonable. Consistent with the
recommendations of the experts engaged by the Steering Committee, Oncor’s request for a rate
increase should be denied.
Accordingly, the purpose of the Resolution is to deny the rate change application proposed by
Oncor. Once the Resolution is adopted, Oncor will have 30 days to appeal the decision to the
Public Utility Commission of Texas where the appeal will be consolidated with Oncor’s filing (i.e.
PUC Docket No. 53601) currently pending at the Commission.
The Town of Prosper is a member of a 169-city coalition known as the Steering Committee of
Cities Served by Oncor ("Steering Committee"). The Steering Committee has been in existence
since the late 1980s. It took on a formal structure in the early 1990s when cities served by the
former TXU gave up their statutory right to rate case expense reimbursement in exchange for
higher franchise fee payments. Empowered by city resolutions and funded by per capita
assessments, the Steering Committee has been the primary public interest advocate before the
Public Utility Commission, the Courts, and the Legislature on electric utility regulation matters for
Prosper is a place where everyone matters.
FINANCE DEPARTMENT
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Item 23.
Page 2 of 2
the last 30 years.
Although Oncor has increased rates many times over the past few years, this is the first
comprehensive base rate case for the Company since March 2017.
Legal Obligations and Review:
Terrance Welch of Brown & Hofmeister, L.L.P., has reviewed the resolution as to form and legality.
Attached Documents:
1. Resolution
Town Staff Recommendation:
Town staff recommends approval of a resolution to deny the application of Oncor Electric Delivery
Company LLC for approval to increase system-wide transmission and distribution rates within the
Town.
Proposed Motion:
I move to approve a resolution to deny the application of Oncor Electric Delivery Company LLC
for approval to increase system-wide transmission and distribution rates within the Town.
Page 225
Item 23.
1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 2022-___
A RESOLUTION OF THE TOWN OF PROSPER, TEXAS, FINDING THAT
ONCOR ELECTRIC DELIVERY COMPANY LLC’S (“ONCOR” OR
“COMPANY”) APPLICATION TO CHANGE RATES WITHIN THE TOWN
SHOULD BE DENIED; FINDING THAT THE TOWN’S REASONABLE RATE
CASE EXPENSES SHALL BE REIMBURSED BY THE COMPANY; FINDING
THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO
THE PUBLIC AS REQUIRED BY LAW; REQUIRING NOTICE OF THIS
RESOLUTION TO THE COMPANY AND LEGAL COUNSEL; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the Town of Prosper, Texas (“City”) is an electric utility customer of Oncor
Electric Delivery Company LLC (“Oncor” or “Company”), and a regulatory authority with an
interest in the rates and charges of Oncor; and
WHEREAS, the Town is a member of the Steering Committee of Cities Served by Oncor
(“Steering Committee”), a coalition of similarly situated cities served by Oncor that have joined
together to efficiently and cost effectively review and respond to electric issues affecting rates
charged in Oncor’s service area; and
WHEREAS, on or about May 13, 2022, Oncor filed with the Town an application to increase
system-wide transmission and distribution rates by $251 million or approximately 4.5% over
present revenues. The Company asks the Town to approve an 11.2% increase in residential rates
and a 1.6% increase in street lighting rates; and
WHEREAS, the Steering Committee is coordinating its review of Oncor’s application and
working with the designated attorneys and consultants to resolve issues in the Company’s filing;
and
WHEREAS, through review of the application, the Steering Committee’s consultants
determined that Oncor’s proposed rates are excessive; and
WHEREAS, the Steering Committee’s members and attorneys recommend that members
deny the Application; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The rates proposed by Oncor to be recovered through its electric rates charged to
customers located within the Town limits, are hereby found to be unreasonable and shall be
denied.
SECTION 2
The Company shall continue to charge its existing rates to customers within the Town.
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Item 23.
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SECTION 3
The Town’s reasonable rate case expenses shall be reimbursed in full by Oncor within
thirty (30) days of the adoption of this Resolution.
SECTION 4
It is hereby officially found and determined that the meeting at which this Resolution is
passed is open to the public as required by law and the public notice of the time, place, and
purpose of said meeting was given as required.
SECTION 5
A copy of this Resolution shall be sent to Oncor, c/o Howard Fisher, Oncor Electric
Delivery Company, LLC, 1616 Woodall Rodgers Freeway, Dallas, Texas 75202 and to Thomas
Brocato, Counsel to the Steering Committee, at Lloyd Gosselink Rochelle & Townsend, P.C., 816
Congress Ave., Suite 1900, Austin, Texas 78701.
SECTION 6
This Resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS ON THIS 27TH DAY OF SEPTEMBER, 2022.
_________________________________
David F. Bristol, Mayor
ATTEST:
__________________________________
Michelle Lewis Sirianni, Town Secretary
APPROVED AS TO FORM AND LEGALITY:
___________________________________
Terrence S. Welch, Town Attorney
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