05.22.2012 Town Council PacketPage 1 of 3
]
1. Call to Order / Roll Call
2. Invocation, Pledge of Allegiance, and Pledge to the Texas Flag
3. Announcements of dates and times of upcoming community events
4. Administer Oath and Issuance of Certificate of Election to Kenneth Dugger, Council Member Place 2
and Jason Dixon, Council Member Place 6. (AP)
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
5. MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
May 8, 2012 – Regular Town Council Meeting
5b. Consider and act upon Resolution No. 12-29, a second Amendment to Water and Sewer
Improvement Development Agreement. (ML)
5c. Consider and act upon Resolution No. 12-30, to approve an Assignment and Assumption
Agreement for a PreAnnexation Agreement between Forest City Prosper Limited Partnership
and TVG Texas I, LLC. (ML)
5d. Consider and act upon Resolution No. 12-31, Estoppel Letter regarding Preannexation
Agreement. (ML)
5e. Consider and act upon Resolution No. 12-32, authorizing the Town to enter into an
Assignment and Assumption Agreement for Infrastructure Agreements (Water and Sewer
Improvement Development Agreement & Water and Sewer Improvement Construction
Agreement.) (ML)
5f. Consider and act upon Resolution No. 12-33, Estoppel Letter Regarding Infrastructure
Agreements. (ML)
5g. Consider and act upon the April 2012 monthly financial statements. (MG)
AGENDA
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 22, 2012
Work Session at 5 p.m.
Regular Meeting at 6:00 p.m.
Page 2 of 3
5h. Consider and act upon Resolution No. 12-28, denying Atmos Energy Corp., Mid-Tex
Division’s requested rate increase. (MG)
5i. Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of
the Town Council to the Development Services Department, pursuant to Chapter 4, Section
1.5(C)(7) and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the
Planning & Zoning Commission on any site plan or preliminary site plan. (CC)
6. CITIZEN’S COMMENT
(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 Comments Form” and
present it to the Town Secretary prior to the meeting.)
Other Comments by the Public
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
DEPARTMENT ITEMS
7. Consider and act upon the appointment of a Mayor Pro-Tem and Deputy Mayor Pro-Tem. (AP)
8. Discussion regarding the Fiscal Year 2012-2013 Budget Calendar. (MG)
9. Presentation by NCC Data and discussion regarding IT services and disaster recovery planning for
the Town of Prosper. (MG)
10. Update on Town of Prosper Capital and Construction Projects. (MB)
11. Discussion regarding capital projects and for potential Certificates of Obligation and also General
Obligation debt financing needs. (MG)
12. EXECUTIVE SESSION
Recess into Closed Session in compliance with Section 551.001 et. seq. Texas Government Code, as
authorized by the Texas Open Meetings Act to deliberate regarding;
12a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of Highway 380.
12b. Section 551.071. Meeting with Special Counsel regarding a matter in which the duty of the
Special Counsel under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas conflicts with the Open Meetings Act regarding legal issues relating to the Sanders
matters which involve the Town.
Page 3 of 3
12c. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
13. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting.
14. Adjourn
CERTIFICATION
I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the inside window at the Town Hall of the Town of Prosper, Texas, a place
convenient and readily accessible to the general public at all times, and said notice was posted at least 72 hours before said meeting was convened.
_________________________________ ________________ ____________________
Amy Piukana, TRMC
Town Secretary Date Notice Posted Date Notice Removed
In addition to any specifically identified Executive Sessions, Council may convene into Executive Session under Section 551 of the Texas Government Code at any
point during the open meeting to discuss any item posted on this agenda. The Open Meetings Act provides specific exceptions that require that a meeting be open.
Should Council elect to convene into Executive Session, those exceptions will be specifically identified and announced. Any subsequent action, as a result of this
Executive Session, will be taken and recorded in open session.
NOTICE OF ASSISTANCE AT PUBLIC MEETINGS: The Prosper Town Council Meetings are wheelchair accessible. Persons with disabilities who plan to
attend this meeting and who may need auxiliary aids or services such as Interpreters for persons who are deaf or hearing impaired, readers, or large print, are
requested to contact the Town Secretary’s Office at (972) 569-1013. BRAILLE IS NOT AVAILABLE.
In the name and by the authority of
The State of Texas
OATH OF OFFICE
I, Kenneth Dugger, do solemnly swear (or affirm), that I will faithfully execute the duties of
the office of the Prosper Town Council, Place 2 of the State of Texas, and will to the best of
my ability preserve, protect, and defend the Constitution and laws of the United States and of
this State, so help me God.
Affiant
SWORN TO and subscribed before me by affiant on this 22"d
day of May,2012.
Signature of Person Administering Oath
Amy Piukana
Printed Name
Town Secretary
Title
PLEASE TYPE OR PRINT LEGIBLY
PROVIDE ALL REQUESTED INFORMATION
STATEMENT OF ELECTED/APPOINTED OFFICER
Pursuant to Tex. Const.art.XVI,§1(b),amended 2001)
I, Kenneth Dugger, do solemnly swear (or affirm), that I have not directly or indirectly paid,
offered, promised to pay, contributed, or promised to contribute any money or thing of value, or
promised any public office or employment for the giving or withholding of a vote at the election at
which I was elected or as a reward to secure my appointment or confirmation, whichever the case may
be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENTAND
THAT THE FACTS STATED THEREIN ARE TRUE.
Date Officer's Signature
Prosper Town Council Place 2 Prosper, TX—Collin County
Position to Which Elected/Appointed City and/or County
Form No.2201
In the name and by the authority of
The State of Texas
OATH OF OFFICE
I, Jason Dixon, do solemnly swear (or affirm), that I will faithfully execute the duties of the
office of the Town Council, Place 6 of the State of Texas, and will to the best of my ability
preserve, protect, and defend the Constitution and laws of the United States and of this State,
so help me God.
Affiant
SWORN TO and subscribed before me by affiant on this 22nd day of May,2012.
Signature of Person Administering Oath
Amy Piukana
Printed Name
Town Secretary
s Title
ter.1.
PLEASE TYPE OR PRINT LEGIBLY
PROVIDE ALL REQUESTED INFORMATION
STATEMENT OF ELECTED/APPOINTED OFFICER
Pursuant to Tex. Const.art.XVI,§1(b),amended 2001)
I, Jason Dixon, do solemnly swear (or affirm), that I have not directly or indirectly paid,
offered, promised to pay, contributed, or promised to contribute any money or thing of value, or
promised any public office or employment for the giving or withholding of a vote at the election at
which I was elected or as a reward to secure my appointment or confirmation, whichever the case may
be, so help me God.
UNDER PENALTIES OF PERJURY, I DECLARE THAT I HAVE READ THE FOREGOING STATEMENT AND
THAT THE FACTS STATED THEREIN ARE TRUE.
Date Officer's Signature
Prosper Town Council Place 6 Prosper, TX—Collin County
Position to Which Elected/Appointed City and/or County
Form No.2201
Page 1 of 3
]
1. Call to Order / Roll Call – Mayor Ray Smith called the meeting to order at 6 p.m.
Council present included: Mayor Ray Smith; Mayor Pro Tem Kenneth Dugger, Jason Dixon, Curry
Vogelsang Jr., and Dave Benefield.
Council Member(s) absent: Deputy Mayor Pro Tem Meigs Miller and Danny Wilson.
Staff present included: Mike Land, Town Manager; Amy Piukana, Town Secretary; Hulon Webb,
Director of Development Services; Chris Copple, Planning Director; and Matthew Garrett, Finance
Director.
2. Pastor Glen Gabbard with Christian Chapel gave the Invocation. The Pledge of Allegiance and
Pledge to the Texas Flag were given.
3. Announcements of dates and times of upcoming community events. Town Manager Mike Land
reminded everyone that the Windmill Playground build starts on May 14 and continues until May
20th. Development Director Hulon Webb urged citizens to participate in the Community Build.
Council Member Vogelsang announced the 5th Annual Prosperity Place 5k Fun Run is scheduled for
Saturday, May 19, 2012.
CONSENT AGENDA
(Items placed on the Consent Agenda are considered routine in nature and are considered non-
controversial. The Consent Agenda can be acted upon in one motion. A majority vote of the Council
is required to remove any item for discussion and separate action. Council members may vote nay on
any single item without comment and may submit written comments as part of the official record.)
4. Mayor Smith presented Police Chief Kirk McFarlin and Assistant Police Chief Gary McHone a
proclamation recognizing Peace Officer Memorial Week May 13th through May 19th.
5. MINUTES, RESOLUTIONS AND OTHER ITEMS
5a. Consider and act upon minutes from the following Council meeting(s) (AP)
April 24, 2012 – Regular Town Council Meeting
5b. Consider and act upon Ordinance No. 12-12 rezoning 1.4± acres, located on the west side of
Preston Road, 1,600± feet south of Prosper Trail (787 N. Preston Road), from Commercial
(C) to Planned Development-Retail (PD-R). (Z12-0003). (CC)
5c. Consider and act upon the Quarterly Investment Portfolio for the period ending March 31,
2012. (MG)
Minutes
Regular Meeting of the Prosper Town Council
Prosper Municipal Chambers
108 W. Broadway, Prosper, Texas
Tuesday, May 8, 2012
Council Meeting
6:00 p.m.
Page 2 of 3
5d. Consider and act upon Resolution No. 12-26, authorizing the Town Manager to hire a Special
Counselor to handle any matters involving Deion and/or Pilar Sanders in Municipal Court,
interviews of Prosper Police Officers and/or any other Police related matter which is the result
of the criminal matters pending or otherwise which relate to Deion and/or Pilar Sanders, as
well as any other purposes directed, and deemed necessary, by the Town Manager (ML)
Council Member Benefield made a motion to approve Consent Items 5a-5d, as presented.
Motion seconded by Council Member Vogelsang. Motion approved by 5-0.
6. CITIZEN’S COMMENT
(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 Comments Form” and
present it to the Town Secretary prior to the meeting.)
Other Comments by the Public- Citizen Katie Garms who resides at 120 Dave Trail addressed
Council regarding train horn noise that routinely disturbs her family. Ms. Garms provided Council
with a timeline reflecting dates and times of disturbances. She asked Council to consider adding
railroad crossings at Fifth and First Street designating these zones as “Quiet Zones.” She thanked
Council in advance for their consideration and any assistance they could provide.
Council skipped to Agenda Item 8.
Mayor Pro Tem Dugger made a motion to recess into closed session at 6:11 p.m. Motion seconded
by Council Member Benefield. Motion approved by vote of 5-0.
8. 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;
8a. Section 551.072. To deliberate the purchase, exchange, lease or value of real property located
south of Prosper Trail, east of the BNSF railroad, west of Custer, and north of Highway 380.
8b. Section 551.071. Meeting with Town Attorneys regarding a matter in which the duty of the
Town Attorneys under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas conflicts with the Open Meetings Act regarding legal issues relating to alleged
conflict of interest.
8c. Section 551.071. Meeting with Special Counsel regarding a matter in which the duty of the
Special Counsel under the Texas Disciplinary Rules of Professional Conduct of the State Bar
of Texas conflicts with the Open Meetings Act regarding legal issues relating to the Sanders
matters which involve the Town.
8d. To reconvene in Regular Session and take any action necessary as a result of the Closed
Session.
Mayor Pro Tem Dugger made a motion to reconvene into Open Session at 8:01 p.m. Motion
seconded by Council Member Benefield. Motion approved by vote of 5-0. No action was taken as a
result of Closed Session.
Page 3 of 3
REGULAR AGENDA
(If you wish to address the Council during the regular agenda portion of the meeting, please fill out a
“Speaker Request Form” and present it to the Town Secretary prior to the meeting. Citizens wishing
to address the Council for items listed as public hearings will be recognized by the Mayor.
Those wishing to speak on a non-public hearing related item will be recognized on a case-by-case
basis, at the discretion of the Mayor and Town Council.)
7. Consider and act upon Resolution No. 12-27 directing publication of notice of intent to issue Town of
Prosper Combination Tax and Revenue Certificates of Obligation. Finance Director Matthew Garrett
introduced Jason Hughes with First Southwest Financial who briefed Council regarding this item.
Mr. Hughes explained the procedures in regards to publication requirements for Notice of Intent and
the time frame of issuing Certificates of Obligation Bonds.
Mayor Smith asked staff to bring forward a list of debt obligations at a future meeting for discussion
and to allow Council to prioritize projects.
Council Member Vogelsang made a motion to approve Resolution No. 12-27 directing publication of
notice of intent to issue Town of Prosper Combination Tax and Revenue Certificates of Obligation.
Motion seconded by Council Member Benefield. Motion approved by vote of 5-0.
9. Possibly direct Town Staff to schedule topic(s) for discussion at a future meeting. Council directed
staff to bring forward an update on road construction projects at Preston Road and First Street. Mayor
Smith asked staff to bring forward a debt obligation list related to the Certificates of Obligation at a
future meeting.
10. Adjourn- The meeting adjourned at 8:25 p.m.
APPROVED:
___________________________________
Ray Smith, Mayor
ATTEST:
_______________________________
Amy M. Piukana, TRMC
Town Secretary
i
ADMINISTRATION
TOWN OF
iISPERs
Prosper is a place where everyone matters.
To:Mayor and Town Council
From: Mike Land, Town Manager
Re:Town Council Meeting— May 22, 2012
Date: May 17, 2012
Agenda Item:
Consider and act on the Second Amendment to Water and Sewer Improvement Development
Agreement between the Town of Prosper and Forest City Prosper Limited Partnership and
Prosper Partners L.P.
Description of Agenda Item:
On September 15, 2011 the parties listed above entered into a Water and Sewer Improvement
Development Agreement regarding the construction of water and sewer infrastructure related to
934 acres generally located west of the Dallas North Tollway to Doe Branch Creek. The original
agreement provided for certain reimbursements to the Developers for costs related to the
construction of said improvements.
This amendment provides a deadline of July 1, 2012 for certain easements to be dedicated and
that the start date for the project will be no later than August 15, 2012. Additionally, language
has been included that sets aside or reserves the capacity being paid for by both parties, with
water at 4.6 mgd and sewer at 3.93 mgd equating to their base demand as figured into these
line extensions.
Budget Impact:
There is no budgetary impact as a result of this amendment.
Legal Obligations and Review:
The Town's Attorney Julie Fort developed the form for the attached Amendment.
Attached Documents:
1. Second Amendment to Water And Sewer Improvement Development Agreement.
2. Resolution approving the Second Amendment to Water and Sewer Improvement
Development Agreement between the Town of Prosper and Forest City Prosper Limited
Partnership and Prosper Partners L. P.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution approving the Second
Amendment to Water and Sewer Improvement Development Agreement between the Town of
Prosper and Forest City Prosper Limited Partnership and Prosper Partners L.P.
Page 1
Second Amendment to Water and Sewer
Improvement Agreement -- Page 1 of 6
#610061
STATE OF TEXAS § After Recording Return to:
§ Town Manager
COUNTIES OF COLLIN § Town of Prosper
AND DENTON § P.O. Box 307
Prosper, Texas 75078
SECOND AMENDMENT TO
WATER AND SEWER IMPROVEMENT DEVELOPMENT AGREEMENT
THIS SECOND AMENDMENT TO WATER AND SEWER IMPROVEMENT
DEVELOPMENT AGREEMENT (the "Agreement") is made and entered into to be effective
as of this ____ day of May, 2012, (the "Effective Date") by and among FOREST CITY
PROSPER LIMITED PARTNERSHIP ("Forest City") and PROSPER PARTNERS L.P.
("Prosper Partners", collectively with Forest City and Prosper Partners are sometimes hereinafter
individually referred to as a "Developer" and jointly as the "Developers"), and the TOWN OF
PROSPER, TEXAS ("Town")(collectively the "Parties" and individually a "Party"), on the
terms and conditions hereinafter set forth.
W I T N E S S E T H:
WHEREAS, the Parties entered into that certain Water and Sewer Improvement
Development Agreement dated September 15, 2011 (the "Original Agreement") regarding the
construction of water and sewer infrastructure related to approximately 934.412 acres of
property, being more particularly depicted in the Original Agreement (the "Property"); and
WHEREAS, the Parties entered into that certain First Amendment to Water and Sewer
Improvement Development Agreement dated October 25, 2011 (the "First Amendment"); and
WHEREAS, the Parties desire to modify certain time periods in the Original Agreement
and to add provisions concerning water and sewer capacity.
NOW, THEREFORE, for and in consideration of the mutual covenants of the Parties
set forth in this Agreement, and for other good and valuable consideration the receipt and
adequacy of which are acknowledged and agreed by the Parties, the Parties agree as follows:
1. Easements for Water and Sewer Improvements. Section 2(a) of the Original
Agreement is hereby modified to provide that the easements on Exhibit E-1, Exhibit E-2,
Exhibit E-3 and Exhibit E-4 to the Original Agreement shall be conveyed on or before
July 1, 2012.
2. Construction and Escrow. Section 5(a) of the Original Agreement is hereby
modified to provide that commencement of construction shall occur on or before August
15, 2012.
3. Water Improvements. Section 3 of the Original Agreement is hereby modified
to add a new Section 3(f), to read as follows:
Second Amendment to Water and Sewer
Improvement Agreement -- Page 2 of 6
#610061
(f) The Town will reserve capacity in the Water Improvements in the amount of
4.1825 million gallons per day ("MGD") to serve the Forest City Tract and in the amount
of 4.6265 MGD to serve the Prosper Partners Tract, based on peak hour demand.
4. Sewer Improvements. Section 4 of the Original Agreement is hereby modified
to add a new Section 4(f), to read as follows:
(f) The Town will reserve capacity in the Sewer Improvements in the amount of
1.67 MGD to serve the Forest City Tract and in the amount of 2.26 MGD to serve the
Prosper Partners Tract.
5. Entire Agreement/First Amendment. This Agreement together with the
Original Agreement and the First Amendment embodies the entire agreement of the
Parties with respect to the subject matters contained herein and therein. This Agreement
shall be considered part of the Original Agreement and the provisions of the Original
Agreement shall apply hereto, except as amended above.
6. Venue. This Agreement shall be construed in accordance with the laws of the
State of Texas and shall be performable in Collin County, Texas.
7. Consideration. This Agreement is executed by the Parties hereto without
coercion or duress and for substantial consideration, the sufficiency of which is forever
confessed.
8. Counterparts. This Agreement may be executed in a number of identical
counterparts. Each of such counterparts shall be deemed an original for all purposes and
collectively constitute one Agreement. A facsimile signature will also be deemed to
constitute an original if properly executed.
9. Authority to Execute. The individuals executing this Agreement on behalf of
the respective Parties below represent to each other and to others that all appropriate and
necessary action has been taken to authorize the individual who is executing this
Agreement to do so for and on behalf of the Party for which his or her signature appears,
that there are no other parties or entities required to execute this Agreement in order for
the same to be an authorized and binding agreement on the Party for whom the individual
is signing this Agreement and that each individual affixing his or her signature hereto is
authorized to do so, and such authorization is valid and effective on the date hereof.
10. Savings/Severability. In case any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provision
hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had never been contained herein.
11. Representations. Each signatory represents this Agreement has been read by the
Party for which this Agreement is executed and that such Party has had an opportunity to
confer with its counsel.
Second Amendment to Water and Sewer
Improvement Agreement -- Page 3 of 6
#610061
12. Sovereign Immunity. The Parties agree that Town has not waived its sovereign
immunity by entering into and performing ANY obligations under this Agreement.
13. No 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.
14. 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. Headings in this
Agreement are for the convenience of the Parties and are not intended to be used in
construing this document.
15. Attorneys' Fees. In any legal proceeding brought to enforce the terms of this
Agreement, the prevailing party may recover its reasonable and necessary attorney's fees
from the non-prevailing party as permitted by Section 271.159 of the Texas Local
Government Code, as it exists or may be amended.
[Remainder of Page Intentionally Left Blank.]
Second Amendment to Water and Sewer
Improvement Agreement -- Page 4 of 6
#610061
IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this
Agreement to be effective on the date first set forth above.
TOWN:
TOWN OF PROSPER, TEXAS
By:
Mike Land, Town Manager
Date:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, on this day personally appeared Mike Land
known to me to be one of the persons whose names are subscribed to the foregoing instrument;
he acknowledged to me he is the duly authorized representative for the TOWN OF PROSPER,
TEXAS, and he executed said instrument for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of May, 2012.
[ S E A L ] Notary Public in and for the State of Texas
Second Amendment to Water and Sewer
Improvement Agreement -- Page 5 of 6
#610061
DEVELOPER:
FOREST CITY PROSPER LIMITED PARTNERSHIP,
a Texas limited partnership
By: FC Prosper Partner, Inc.,
a Texas corporation
General Partner
By:
Name: Robert F. Monchein
Title: President
Date:
STATE OF OHIO §
§
COUNTY OF CUYAHOGA §
BEFORE ME, the undersigned authority, a Notary Public, on this day personally
appeared , known to me to be the person and officer whose name is
subscribed to the foregoing instrument, and who acknowledged to me that he/she executed the
same for the purposes and consideration therein expressed and in the capacity therein stated on
behalf of said partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of May, 2012.
[ S E A L ] Notary Public in and for the State of Ohio
Second Amendment to Water and Sewer
Improvement Agreement -- Page 6 of 6
#610061
DEVELOPER:
PROSPER PARTNERS, L.P.,
a Texas limited partnership
By: Prosper Partners GP, LLC,
a Texas limited liability company,
General Partner
By:
Craig Curry, Manager
Date:
STATE OF TEXAS §
§
COUNTY OF COLLIN §
BEFORE ME, the undersigned authority, a Notary Public, on this day personally
appeared Craig Curry, known to me to be the person and officer whose name is subscribed to the
foregoing instrument, and who acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed and in the capacity therein stated on behalf of said
partnership.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _____ day of May, 2012.
[ S E A L ] Notary Public in and for the State of Texas
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-29
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE TOWN MANAGER TO ENTER INTO A SECOND
AMENDMENT TO WATER AND SEWER IMPROVEMENT DEVELOPMENT
AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby enters into an amendment to
the Water and Sewer Improvement Development Agreement.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
second amendment to the Water and Sewer Improvement Development Agreement
between Town of Prosper and Forest City Prosper Limited Partnership and Prosper
Partners, L.P.
SECTION 3: This Resolution shall take effect on May 22, 2012.
APPROVED:
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
N, ADMINISTRATION
TOWN OF
S PER
Prosper is a place where everyone matters.
To:Mayor and Town Council
From: Mike Land, Town Manager
Re:Town Council Meeting — May 22, 2012
Date: May 18, 2012
Agenda Item:
Consider and act on a Resolution to approve an Assignment and Assumption Agreement for a
Preannexation Agreement between Forest City Prosper Limited Partnership and TVG Texas I,
LLC.
Description of Agenda Item:
Forest City with whom the Town of Prosper entered into a Preannexation Agreement is selling
its property totaling approximately 2,030 acres to the Terra Verde Group. The Terra Verde
Group specializes in the development of master planned communities and intends to begin
development of the Three Stones project immediately.
The Town per the agreement is required to consider the assignment request.
Budget Impact:
There is no budgetary impact as a result of this amendment.
Legal Obligations and Review:
The Town's Attorney Rebecca Brewer has reviewed and approved the attached Assignment.
Attached Documents:
1. Assignment and Assumption Agreement for a Preannexation Agreement.
2. Resolution approving the Assignment and Assumption Agreement for a Preannexation
Agreement between Forest City Prosper Limited Partnership and TVG Texas I LLC.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution approving the
Assignment and Assumption Agreement for a Preannexation Agreement between Forest City
Prosper Limited Partnership and TVG Texas I LLC.
Page 1 of 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-30
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN ASSIGNMENT
AND ASSUMPTION AGREEMENT FOR A PREANNEXATION AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby enters into an Assignment
and Assumption Agreement for a Preannexation Agreement.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
Assignment and Assumption Agreement between Forest City Prosper Limited
Partnership and TVG Texas I, LLC.
SECTION 3: This Resolution shall take effect on May 22, 2012.
APPROVED:
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
ADMINISTRATION
TOWN OF
isPERs
Prosper is a place where everyone matters.
To:Mayor and Town Council
From: Mike Land, Town Manager
Re:Town Council Meeting— May 22, 2012
Date: May 18, 2012
Agenda Item:
Consider and act on a Resolution to approve an Estoppel Letter from the Town of Prosper
regarding the Preannexation Agreement with Forest City Prosper Limited Partnership .
Description of Agenda Item:
Forest City with whom the Town of Prosper entered into a Preannexation Agreement is selling
its property totaling approximately 2,030 acres to the Terra Verde Group. The Terra Verde
Group specializes in the development of master planned communities and intends to begin
development of the Three Stones project immediately.
The Estoppel Letter basically states that as of the date of the letter that Forest City is not in
default of its Preannexation Agreement and that the Agreement remains in full force and effect.
Language is also included that states that if at some time in the future, even though this letter is
provided, that a potential default is identified, that the Town of Prosper is committed to working
with the Developer to reach a solution that cures the potential default.
Budget Impact:
There is no budgetary impact as a result of this amendment.
Legal Obligations and Review:
The Town's Attorney Rebecca Brewer has reviewed and approved the attached Estoppel Letter.
Attached Documents:
1. Estoppel Letter from the Town of Prosper regarding the Assignment and Assumption
Agreement for the Preannexation Agreement.
2. Resolution approving the Estoppel Letter regarding the Assignment and Assumption
Agreement for a Preannexation Agreement with Forest City Prosper Limited Partnership.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution approving the Estoppel
Letter regarding the Assignment and Assumption Agreement for a Preannexation Agreement
with Forest City Prosper Limited Partnership.
Page 1 of 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-31
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE ESTOPPEL LETTER REGARDING PREANNEXATION
AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby enters into the Estoppel Letter
regarding Preannexation Agreement.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, a
Estoppel Letter regarding Preannexation Agreement.
SECTION 3: This Resolution shall take effect on May 22, 2012.
APPROVED:
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
J
ADMINISTRATION
TOWN OF
s pER
Prosper is a place where everyone matters.
To:Mayor and Town Council
From: Mike Land, Town Manager
Re:Town Council Meeting— May 22, 2012
Date: May 18, 2012
Agenda Item:
Consider and act on a Resolution to approve an Assignment and Assumption Agreement for
Infrastructure Agreements between Forest City Prosper Limited Partnership and TVG Texas I,
LLC.
Description of Agenda Item:
Forest City with whom the Town of Prosper entered into a Water and Sewer Improvement
Development Agreement is selling its property totaling approximately 2,030 acres to the Terra
Verde Group. The Terra Verde Group specializes in the development of master planned
communities and intends to begin development of the Three Stones project immediately.
In accordance with the Section 10 of the Agreement and Section 20 of the Construction
Agreement Forest City must provide notice of the assignment which is incorporated in the
attached document. The Town per the agreement is required to consider the assignment
request.
Budget Impact:
There is no budgetary impact as a result of this amendment.
Legal Obligations and Review:
The Town's Attorney Rebecca Brewer has reviewed and approved the attached Assignment.
Attached Documents:
1. Assignment and Assumption Agreement for Infrastructure Agreements.
2. Resolution approving the Assignment and Assumption Agreement for Infrastructure
Agreements between Forest City Prosper Limited Partnership and TVG Texas I LLC.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution approving the
Assignment and Assumption Agreement for Infrastructure Agreements between Forest City
Prosper Limited Partnership and TVG Texas I LLC.
Page 1 of 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-32
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE TOWN OF PROSPER TO ENTER INTO AN
ASSIGNMENT AND ASSUMPTION AGREEMENT FOR INFRASTURCTURE
AGREEMENTS TO INCLUDE WATER AND SEWER IMPROVEMENT
DEVELOPMENT AGREEMENT AND WATER AND SEWER IMPROVEMENT
CONSTRUCTION AGREEMENT.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby enters into an Assignment
and Assumption Agreement for Infrastructure Agreements.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
Assignment and Assumption Agreement for Infrastructure Agreements to include Water
and Sewer Improvement Development Agreement and Water and Sewer Improvement
Construction Agreement.
SECTION 3: This Resolution shall take effect on May 22, 2012.
APPROVED:
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
P
ADMINISTRATION
TOWN OF
tiisPER
Prosper is a place where everyone matters.
To:Mayor and Town Council
From: Mike Land, Town Manager
Re:Town Council Meeting— May 22, 2012
Date: May 18, 2012
Agenda Item:
Consider and act on a Resolution to approve an Estoppel Letter from the Town of Prosper
regarding the Infrastructure Agreements with Forest City Prosper Limited Partnership .
Description of Agenda Item:
Forest City with whom the Town of Prosper entered into a Preannexation Agreement is selling
its property totaling approximately 2,030 acres to the Terra Verde Group. The Terra Verde
Group specializes in the development of master planned communities and intends to begin
development of the Three Stones project immediately.
The Estoppel Letter basically states that as of the date of the letter that Forest City is not in
default of its Infrastructure Agreement and that the Agreement remains in full force and effect.
Language is also included that states that if at some time in the future, even though this letter is
provided, that a potential default is identified, that the Town of Prosper is committed to working
with the Developer to reach a solution that cures the potential default.
Budget Impact:
There is no budgetary impact as a result of this amendment.
Legal Obligations and Review:
The Town's Attorney Rebecca Brewer has reviewed and approved the attached Estoppel Letter.
Attached Documents:
1. Estoppel Letter from the Town of Prosper regarding the Assignment and Assumption
Agreement for the Infrastructure Agreement.
2. Resolution approving the Estoppel Letter regarding the Assignment and Assumption
Agreement for a Infrastructure Agreement with Forest City Prosper Limited Partnership.
Town Staff Recommendation:
Town staff recommends that the Town Council approve the resolution approving the Estoppel
Letter regarding the Assignment and Assumption Agreement for a Infrastructure Agreement with
Forest City Prosper Limited Partnership.
Page 1 of 1
TOWN OF PROSPER, TEXAS RESOLUTION NO. 12-33
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS,
HEREBY AUTHORIZING THE TOWN TO ENTER INTO THE ESTOPPEL LETTER
REGARDING INFRASTRUCTURE AGREEMENTS.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF PROSPER, TEXAS:
SECTION 1: The Town of Prosper, Texas, hereby enters into the Estoppel Letter
Regarding Infrastructure Agreements.
SECTION 2: The Town Manager of the Town of Prosper, Texas, is hereby
authorized to execute, on behalf of the Town Council of the Town of Prosper, Texas, an
Estoppel Letter Regarding Infrastructure Agreement.
SECTION 3: This Resolution shall take effect on May 22, 2012.
APPROVED:
_________________________
Ray Smith, Mayor
ATTEST TO:
_________________________
Amy Piukana, TRMC
Town Secretary
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – May 22, 2012
Date: May 17, 2012
Agenda Item:
Consider and act upon Resolution No. 12-28, denying Atmos Energy Corp., Mid-Tex Division’s
requested rate increase.
Description of Agenda Item:
Atmos Mid-Tex filed a Statement of Intent on January 31, 2012, seeking to increase system-
wide base rates (which exclude the cost of gas) by approximately $49 million or 11.94%.
However, the Company is requesting an increase of 13.6%, excluding gas costs, for its
residential customers. Additionally, the application would change the way that rates are
collected, by increasing the residential fixed-monthly (or customer) charge from $7.50 to $18.00
and decreasing the consumption charge from $0.25 per 100 cubic feet (“ccf”) to $0.07 per ccf.
The Town passed a resolution is to extend the effective date of Atmos Mid-Tex’s proposed rate
increase to give the Town time to review the rate-filing package. The resolution suspended the
March 6, 2012 effective date of the Company’s rate increase for the maximum period permitted
by law to allow the Town, working in conjunction with the other ACSC cities, to evaluate the
filing, determine whether the filing complies with law, and if lawful, to determine what further
strategy to pursue, including settlement and ultimately to approve reasonable rates.
The Town, along with approximately 153 other cities served by Atmos Energy Mid-Tex Division
(“Atmos Mid-Tex”), is a member of the Atmos Cities Steering Committee (“ACSC”).
The results of the four RRM proceedings are as follows:
RRM Filing Year Atmos Request ACSC Settlement
#1 2008 $33.5 million $20 million
#2 2009 $20.2 million $2.6 million
#3 2010 $70.2 million $27 million
#4 2011 $15.7 million $6.6 million
ACSC and Atmos have been unable to come to an agreement on a written settlement prior to
the expiration of the Town’s jurisdiction over the rates which was extended to June 11, 2012.
Budget Impact:
N/A
Prosper is a place where everyone matters.
Administration
Page 2 of 2
Legal Obligations and Review:
Legal review completed by ACSC’s legal counsel, Lloyd Gosselink Rochelle & Townsend, P.C.
Attached Documents:
Resolution 12-28
Memo from Lloyd Gosselink Rochelle & Townsend, P.C. recommending the denial
Exhibit A Outlining ACSC Consultant Recommended Adjustments
Board/Committee Recommendation:
The ACSC Settlement Committee gave Atmos a settlement offer, but the company has elected
not to provide a written offer prior to the denial deadline. ACSC legal counsel recommends that
all ACSC Cities adopt the Resolution denying the rate change.
Town Staff Recommendation:
Town staff recommends that the Town Council
“Move to approve Resolution No. 12-28, denying Atmos Energy Corp., Mid-Tex Division’s
requested rate increase.”
2070343.1 1
RESOLUTION NO. 12-28
RESOLUTION OF THE TOWN OF PROSPER DENYING
ATMOS ENERGY CORP., MID-TEX DIVISION’S
(“ATMOS MID-TEX”) REQUESTED RATE CHANGE;
REQUIRING THE COMPANY TO REIMBURSE THE
TOWN’S REASONABLE RATEMAKING EXPENSES;
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 ACSC’S LEGAL
COUNSEL
WHEREAS, the Town of Prosper, Texas (“Town”) is a gas utility customer of Atmos
Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or “Company”), and is a regulatory
authority under the Gas Utility Regulatory Act (“GURA”) and under Chapter 104, §104.001 et
seq. of GURA, has exclusive original jurisdiction over Atmos Mid-Tex’s rates, operations, and
services within the Town; and
WHEREAS, the Town is a member of the Atmos Cities Steering Committee (“ACSC”), a
coalition of over 150 similarly situated cities served by the Company that have joined together to
facilitate the review and response to natural gas issues affecting rates charged in the Atmos Mid-
Tex Division; and
WHEREAS, pursuant to the terms of the agreement settling the Company’s 2007
Statement of Intent to increase rates, ACSC and the Company worked collectively to develop a
Rate Review Mechanism (“RRM”) tariff that allows for an expedited rate review process
controlled in a three-year experiment by ACSC as a substitute to the current GRIP process
instituted by the Legislature; and
WHEREAS, ACSC and the Company agreed to extend the RRM process in reaching a
settlement in 2010 on the third RRM filing; and
WHEREAS, in 2011, ACSC and the Company engaged in good faith negotiations
regarding the continuation of the RRM process, but were unable to come to ultimate agreement;
and
WHEREAS, on or about January 31, 2012, the Company filed a Statement of Intent with
the cities retaining original jurisdiction within its Mid-Tex service division to increase rates by
approximately $49 million; and
WHEREAS, Atmos Mid-Tex proposed March 6, 2012, as the effective date for its
requested increase in rates; and
2070343.1 2
WHEREAS, the Town suspended the effective date of Atmos Mid-Tex’s proposed rate
increase for the maximum period allowed by law and thus extended the Town’s jurisdiction until
June 4, 2012; and
WHEREAS, on April 25, 2012, the Company extended the effective date for its proposed
rates by one week, which similarly extended the Town’s jurisdiction until June 11, 2012; and
WHEREAS, the ACSC Executive Committee hired and directed legal counsel and
consultants to prepare a common response to the Company’s requested rate increase and to
negotiate with the Company and direct any necessary litigation; and
WHEREAS, ACSC’s consultants conducted a review of the Company’s requested rate
increase and found justification that the Company’s rates should be decreased; and
WHEREAS, ACSC and the Company have engaged in settlement discussions but will be
unable according to Company representations to reach settlement in sufficient time for cities to
act before June 11, 2012; and
WHEREAS, failure by ACSC members to take action before June 11, 2012 would allow
the Company the right to impose its full request on residents of said ACSC members; and
WHEREAS, the ACSC Settlement Committee recommends denial of the Company’s
proposed rate increase in order to continue settlement discussions pending the Company’s appeal
of cities’ denials to the Railroad Commission of Texas; and
WHEREAS, the GURA § 103.022 provides that costs incurred by cities in ratemaking
activities are to be reimbursed by the regulated utility.
THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
1. That the rates proposed by Atmos Mid-Tex to be recovered through its gas rates
charged to customers located within the Town limits, are hereby found to be unreasonable and
shall be denied.
2. That the Company shall continue to charge its existing rates to customers within
the Town and that said existing rates are reasonable.
3. That the Town’s reasonable rate case expenses shall be reimbursed by the
Company.
4. That 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.
2070343.1 3
5. A copy of this Resolution shall be sent to Atmos Mid-Tex, care of David Park,
Vice President Rates & Regulatory Affairs, at Atmos Energy Corporation, Mid-Tex Division,
5420 LBJ Freeway, Suite 1862, Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to
ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box 1725, Austin, Texas 78767-
1725.
PASSED AND APPROVED this 22nd day of May, 2012.
_________________________________
Ray Smith
Mayor
ATTEST:
__________________________________
Amy Piukana, TRMC
Town Secretary
2557/17/2056489
816 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 322-5800
Facsimile: (512) 472 0532 www.lglawfirm.com
Mr. Gay’s Direct Line: (512) 322-5875
Email: ggay@lglawfirm.com
M E M O R A N D U M
TO: Atmos Cities Steering Committee Members
FROM: Geoffrey M. Gay
Georgia Crump
Eileen McPhee
DATE: April 30, 2012
RE: Denial Resolution For Atmos Mid-Tex’s Requested Rate Increase
Background on Atmos Mid-Tex Rate Case
On January 31, 2012, Atmos Energy Corporation, Mid-Tex Division (“Atmos Mid-Tex”
or “Company”) filed with Atmos Cities Steering Committee (“ACSC”) city members that
exercise original jurisdiction a request for a rate increase in excess of $49 million. ACSC
members passed resolutions suspending the effective date of the proposed increase to allow
ACSC attorneys and consultants to study the request. A summary of the consultants’ findings is
attached as Exhibit A. The ACSC Settlement Committee has met with Company officials to
negotiate a settlement. While ACSC has given the Company a settlement offer, Atmos Mid-Tex
does not want to provide a written offer before the expiration of city jurisdiction on June 11,
2012.
Timing of City Action
ACSC members with original jurisdiction suspended the proposed effective date of
March 6, 2012, extending city jurisdiction until June 4, 2012. On April 25, 2012, the Company
extended its effective date by a week, which similarly extended the June 4, 2012 deadline to June
11, 2012. It does not appear that settlement could be achieved within a time frame that would
allow the City to take action prior to June 11, 2012. Thus, ACSC members are encouraged to
pass a denial resolution. Atmos Mid-Tex has promised to support the action which does not
preclude a subsequent settlement. If settlement is achieved, ACSC will return to member cities
with a request for approval of the settlement.
April 30, 2012
Page 2
2056489.1
Recommendation and Explanation of Denial Resolution
The ACSC Settlement Committee recommends the ACSC cities pass resolutions denying
Atmos Mid-Tex’s proposed rate increase. The denial resolution will prevent the Company’s
proposed rate increase from automatically taking effect on June 11, 2012, and allow more time to
engage in settlement discussions. Atmos will appeal your denial to the Railroad Commission
which will trigger a 185-day time frame for action by the Commission. Settlement will
hopefully occur before a hearing takes place. Please contact Geoffrey Gay if you have any
questions or concerns.
2070345.1
Exhibit A
ACSC Consultants’ Recommended Adjustments to Atmos Mid-Tex’s 2012 Statement of Intent
to Increase Rates 1
Following a review of the Company’s 2012 Statement of Intent, ACSC consultants found
justification for an approximately $77 million decrease to the Company’s requested revenue,
resulting in a $23 million decrease to the current rates charged by Atmos Mid-Tex. ACSC
consultants’ recommendation for a rate decrease is based upon the following major components:2
• Lowering the Company’s return on equity from 10.9% to 9.5%, resulting in a revenue
requirement decrease of over $30 million
• Removing the Company’s improper post-test year adjustment to add plant from January
to March 2012, resulting in a revenue requirement decrease of approximately $5 million
• Removing the Company’s proposal for an energy efficiency plan to be funded only by
ratepayers, resulting in a revenue requirement decrease of over $1 million
• Various adjustments to accumulated deferred income tax, resulting in a revenue
requirement decrease of approximately $10 million
• Recognizing new depreciation rates as filed by the Company (without adjustment by
ACSC consultants), resulting in a revenue requirement decrease of approximately $15
million
• Various adjustments to the Company’s requested level of operating and maintenance
(O&M) expense, resulting in a revenue requirement decrease of over $8 million
• Reducing rate base to account for ratepayer supplied funds relating to other post-
employment benefits (FASB 106), resulting in a revenue requirement decrease of over
$8 million
• Cap residential customer charge at $9.00, instead of Atmos’ requested $18.00.
1 All figures are adjustments resulting in a revenue requirement impact to Atmos’ filed case system-wide. Factoring
out Dallas, the ACSC cities would see slight decreases in the numbers listed above. 2 Please note that the adjustments listed are on a stand-alone basis, and may have a different impact when combined
with the other adjustments.
2070345.1
Exhibit A
ACSC Consultants’ Recommended Adjustments to Atmos Mid-Tex’s 2012 Statement of Intent
to Increase Rates 1
Following a review of the Company’s 2012 Statement of Intent, ACSC consultants found
justification for an approximately $77 million decrease to the Company’s requested revenue,
resulting in a $23 million decrease to the current rates charged by Atmos Mid-Tex. ACSC
consultants’ recommendation for a rate decrease is based upon the following major components:2
• Lowering the Company’s return on equity from 10.9% to 9.5%, resulting in a revenue
requirement decrease of over $30 million
• Removing the Company’s improper post-test year adjustment to add plant from January
to March 2012, resulting in a revenue requirement decrease of approximately $5 million
• Removing the Company’s proposal for an energy efficiency plan to be funded only by
ratepayers, resulting in a revenue requirement decrease of over $1 million
• Various adjustments to accumulated deferred income tax, resulting in a revenue
requirement decrease of approximately $10 million
• Recognizing new depreciation rates as filed by the Company (without adjustment by
ACSC consultants), resulting in a revenue requirement decrease of approximately $15
million
• Various adjustments to the Company’s requested level of operating and maintenance
(O&M) expense, resulting in a revenue requirement decrease of over $8 million
• Reducing rate base to account for ratepayer supplied funds relating to other post-
employment benefits (FASB 106), resulting in a revenue requirement decrease of over
$8 million
• Cap residential customer charge at $9.00, instead of Atmos’ requested $18.00.
1 All figures are adjustments resulting in a revenue requirement impact to Atmos’ filed case system-wide. Factoring
out Dallas, the ACSC cities would see slight decreases in the numbers listed above. 2 Please note that the adjustments listed are on a stand-alone basis, and may have a different impact when combined
with the other adjustments.
To: Mayor and Town Council
From: Chris Copple, AICP, Planning Director
Cc: Mike Land, Town Manager
Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
Re: Town Council Meeting – May 22, 2012
Date: May 16, 2012
Agenda Item:
Consider and act upon whether to direct staff to submit a written notice of appeal on behalf of the
Town Council to the Development Services Department, pursuant to Chapter 4, Section 1.5(C)(7)
and 1.6(B)(7) of the Town’s Zoning Ordinance, regarding action taken by the Planning & Zoning
Commission on any site plan or preliminary site plan.
Description of Agenda Item:
Attached are the site plans and/or preliminary site plans acted on by the Planning & Zoning
Commission at their May 15, 2012 meeting. Per the Town’s Zoning Ordinance, the Town Council
has the ability to direct staff to submit a written notice of appeal on behalf of the Town Council to
the Development Services Department for any site plan or preliminary site plan acted on by the
Planning & Zoning Commission.
Attached Documents:
1. Site plan for the Parks Maintenance Facility at Frontier Park, located 2,000± feet south of
Frontier Parkway, 1,500± feet west of the Burlington Northern Santa Fe Railroad, approved
by a vote of 7-0.
Town Staff Recommendation:
Town staff recommends the Town Council take no action on this item.
Prosper is a place where everyone matters.
PLANNING
Page 1 of 1
To: Mayor and Town Council
From: Mike Land, Town Manager
Re: Town Council Meeting – Tuesday May 22, 2012
Date: May 17, 2012
Agenda Item:
Consider and act upon appointing a Mayor Pro Tem and a Deputy Mayor Pro Tem to serve a
one year term.
Description of Agenda Item:
The Town Charter requires a Council Member be elected by the Town Council at the first
regular meeting after each election of Council Members. The Mayor Pro Tem shall act as
Mayor during the disability or absence of the Mayor, and in his capacity shall have the rights
conferred upon the Mayor. The Deputy Mayor Pro Tem shall act as Mayor during the disability
or absence of the Mayor and Mayor Pro Tem, and in this capacity shall have the rights
conferred upon the Mayor.
Budget Impact:
NA
Legal Obligations and Review:
NA
Attached Documents:
NA
Town Staff Recommendation:
“I make a Motion to appoint Council Member _________________ as Mayor Pro Tem and
Council Member _________________ as Deputy Mayor Pro Tem to serve for a one year term.”
Prosper is a place where everyone matters.
ADMINISTRATION
Page 1 of 1
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – May 22, 2012
Date: May 17, 2012
Agenda Item:
Discussion regarding the Fiscal Year 2012-2013 Budget Calendar.
Description of Agenda Item:
As part of the budget planning process, staff builds a Budget Calendar that complies with the
various laws governing municipal budgeting, truth in taxation and open meetings.
The item is before you for discussion primarily as informational but staff will later be seeking
approval on the calendar in setting a firm date for any special Town Council meetings if
required. Based on publishing requirements, staff has drafted a calendar that would require
three special called meetings. Alternately, perhaps Council could consider moving two regularly
scheduled meetings to the Thursday of the same week to allow for publishing compliance and
reduce the total number of meetings.
Staff will present some of the limiting factors and share a tentative schedule.
Budget Impact:
N/A
Legal Obligations and Review:
N/A
Attached Documents:
N/A – Staff will have the tentative calendar to hand out at the meeting.
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Town staff recommends that Town Council discuss the calendar and give staff direction on how
to finalize the calendar to be approved on a subsequent agenda.
Prosper is a place where everyone matters.
Administration
Page 1 of 2
To: Mayor and Town Council
From: Matthew B. Garrett, Finance Director
CC: Mike Land, Town Manager
Re: Town Council Meeting – May 22, 2012
Date: May 17, 2012
Agenda Item:
Presentation by NCC Data and discussion regarding IT services and disaster recovery planning
for the Town of Prosper.
Description of Agenda Item:
The Town of Prosper engaged NCC Data to manage the Town’s Information Technology
resources in October 2009. NCC Data will give a presentation on the original state of Prosper’s
IT, work completed thus far and recommendations for future improvements.
As a support function, Administration staff repeated a survey conducted in 2011 that was sent to
all employees to collect feedback on NCC Data’s services and performance to date. The results
are compared briefly below. Staff will be evaluating the reasons for low marks below and seek
to remedy each before the close of this fiscal year.
Budget Impact:
There is no request for funding in this presentation. Several items for budget consideration will
be introduced. As a recap, the Town has spent approximately $200,000 in IT Infrastructure
improvements including a new data backbone, a VoIP telephony system and a Microsoft
Exchange implementation. Monthly payments to NCC Data average $11,500, which includes
contracted hours, preventative maintenance, server monitoring, email archiving/filtering, help
desk/vendor support, 24/7 support and offsite backups.
Legal Obligations and Review:
No legal opinion was requested.
Attached Documents:
Presentation
Prosper is a place where everyone matters.
Administration
Page 2 of 2
Board/Committee Recommendation:
N/A
Town Staff Recommendation:
Staff recommends that the Town Council receive the presentation and ask questions if any.
The Town of Prosper
2012-13 Technology Update
NCC Data – Managed IT Services
Town of Prosper
Introduction
In June 2011, NCC Data presented to Council a summary
of Prosper’s Information Technology infrastructure and
support mechanisms, illustrating the landscape as it was
prior to NCC’s involvement and what has been
accomplished since. We also spoke about ongoing IT
and Telephony objectives that could positively impact
productivity and efficiency as well as for providing
scalability for both the Data and Voice networks.
This document will also cover key objectives that both the
Town and NCC Data continue to identify.
Town of Prosper
An important topic of discussion at the June 2011Council
meeting was the development of a working Business
Continuity/Disaster Recovery Plan. A detailed outline of
this Plan has been completed and NCC Data will be
sending questionnaires to Prosper department’s key
personnel in order to complete this Plan by September 1,
2012.
This document will be called the Town of Prosper
Continuity of Operations (TOPOC) Plan and will serve as
the Business Continuity/Disaster Recovery Plan.
This Plan will define the processes to recover/restore any
affected IT system within the Town as well as provide a
plan to evacuate affected structures and determine
alternate sites to conduct Town business.
Town of Prosper
Personnel Additions at NCC Data:
NCC Data continues to assess and improve the Help Desk and
Technical staff capabilities by providing ongoing training in the
technologies our clients use today and will use in the future.
The same can be said for improving operational processes for
NCC Technologies and the Telephony business.
Jerry Gutierrez serves as vCIO for NCC Data’s Managed
Services clients.
Mike Griffith was hired as the VP of Operations in April 2012.
Mike will give a bit of background on his career and his role &
goals at both NCC companies.
Town of Prosper
2011-12 Technology Review:
As discussed in a June 2011 Council meeting, NCC Data has
been able to achieve a level of network performance which
provides greater stability within key Prosper systems. This
has been accomplished, in part, by the following:
Centralizing Server Management from a single console through
Virtualization technologies
Standardized Network Infrastructure gives the ability to scale with the
Town’s growth
Security measures such as Intrusion Prevention & Content Filtering
continue to provide stability and decreased threats from outside
sources.
A fully-meshed Wireless network has been installed between all
buildings within the Town of Prosper giving increased bandwidth
between departments
A “Welcome Letter” introducing NCC Data to new Town employees
has been created and is now a part of the documentation delivered to
new personnel when their Prosper Domain account is created.
Town of Prosper
After the Agreement between the Town and NCC Data
was in place, we were able to make significant
improvements to the Network
Server, Desktop & Application Environment
Virtualized Server Environment (ongoing project)
NCC Data consolidated servers to reduce footprint by 50% saving costs
related to power consumption and also gaining efficiencies with regard
to server management
Implementation of Server and Desktop Patch Management
From a Central Console, NCC Data is able to manage all aspects of the
server and desktop environment
24x7 Proactive Monitoring
With this approach, NCC Data can mitigate OS and Application issues
by being aware, in real time, of any instance on the network that could
potentially cause downtime or loss of productivity
Rebuilt Domain Controller
With a fresh OS install and a correct Active Directory implementation,
DC downtime was all but eliminated
Town of Prosper
Disaster Recovery/Business Continuity
Plan Updates:
As new and proven technology becomes
available, NCC Data considers the potential
benefits and cost savings for current and future
clients.
NCC Data believes that the Town of Prosper could
benefit from and avoid extended downtime in the
event of a hardware failure or other service
interruption by implementing a redundant method of
Server Recovery while providing a more cost
effective Backup Strategy.
Town of Prosper
Disaster Recovery Plan – Basic Recommendation NCC DataVault BDR
NCC Data has developed a Backup/Disaster Recovery (BDR)
platform that could save the Town of Prosper approximately
35% in monthly costs compared to what is currently spent on
Data Backup and Replication, as well as provide for a method
to restore failed or inoperable Servers within a matter of
minutes as opposed to days or weeks.
The goal is to reduce the time to recovery from a server hardware
failure. Given the current scenario, it could be up to 5-10 days to
recover from a significant hardware failure when considering the fact
that new hardware would need to be ordered and built before any
data restoration could take place
The following table illustrates potential savings when comparing
current and proposed Backup/Disaster Recover solutions:
Town of Prosper
Current Backup Scenario Proposed Backup Scenario* Projected Savings
The Town of Prosper is backing up
4000GB per month average over previous
90 days at a rate of $0.80 per GB. The
average cost is $3200.00 per month.
With NCC Data Vault BDR, the data backups
would be compressed at a ratio of 2:1. This
would translate to approximately 2000GB per
month average and billed at a reduced rate of
$0.65 per GB per month. This would mean an
average monthly cost of $1300.00 to backup
the same amount of data.
All things equal, this translates to average
monthly savings of $1900.00.
An additional Monthly licensing cost for Bare-
Metal Server restoration is $490.00/month
(This gives the ability to restore critical
Servers from previous backups within
minutes).
With this licensing, Prosper is still able to save
$1410.00 per month
The amount of backed up data will increase
with the new Server Image Backups done by
this new BDR solution. We anticipate this
growth in the backup footprint to be
approximately 400gb per month which
equates to $260.00 per month
With the increase in backup footprint size,
Prosper will still save $1150.00 per month.
This means a potential savings of 36% per
month.
The initial, up-front cost of the NCC Data Vault BDR Server is $3,799.00** + shipping.
This price does not reflect the monthly cost associated with optional services or upgrades, or the monthly per-gigabyte costs for the
backed-up data. A detailed Scope of Work defining any desired or required options, implementation timelines & costs will be provided to
the Finance Department.
* Not all options or upgrades are included in this scenario. Final proposed solution may differ in price and configuration.
**This price may not include all optional hardware or upgrades.
Town of Prosper
Disaster Recovery Plan – Optimal Recommendation
DR Site - Redundant Server & Storage Infrastructure at Fire Department
NCC Data’s preferred Backup/Disaster Recovery solution
would entail Redundant Servers and Storage Area
Network (SAN) that would be located in the Prosper Fire
Department Building. The goal would be to have a
redundant vCenter Server and SAN that could serve as a
Disaster Recovery/Hot Site location in the event any IT
resources were to be unavailable at the Town Hall
location. With VMware software and by replicating the
existing data residing on the current SAN in Town Hall to
a redundant SAN at the Fire Department, the Town of
Prosper can recover any down server within minutes as
opposed to days or weeks.
Town of Prosper
The budgetary price for the redundant HP
SAN is $19,880.00 and does not include
shipping. The proposed configuration is as
follows:
HP Storage P2000 G3 FC MSA with Dual FC
Controllers
- 24x 300GB 10k SAS Drives
- 7.2 Terabytes RAW Storage Capacity (almost 2x
capacity of existing SAN)
- 2U Rack mount Form Factor
- 8GB Fiber Channel host interface
- HP 3 Year, 24x7 6-hour Call to Repair Support
Agreement
Town of Prosper
Switch Reconfiguration - Recommendation
In addition to the recommendations above, NCC
Data would advise reconfiguring Prosper’s Extreme
Networks Switching Infrastructure. As technology
advances and evolves, new and more efficient
methods to route LAN traffic and ways to provide for
better redundancy become proven and available. A
summary of this project’s costs is outlines on the next
slide. A detailed scope of work will be provided
separately, outlining the project’s benefits to the town
of Prosper, project timelines, and costs.
Town of Prosper
Switch Reconfiguration - Summary
The project would require the addition of Two (2) Extreme Networks
Summit X450a series 24-port switches in a configuration where both
would be placed in the Town Hall IT Room. These switches would be
configured in an Active-Active mode so as to provide redundant network
links/connections for each Server in the Town Hall Server Rack. Most of
the Town’s servers have redundant network cards. We would utilize both
network cards on the servers and connect each to a separate switch. This
would mean that if a network port failed on a switch that a Server was
connected to, that Server’s second network card would be active on this
redundant switch. This type of reconfiguration would be implemented
across all applicable switches and servers within the Town of Prosper’s
LAN infrastructure.
The project would also require an estimated TWO full days of
Professional Services Planning and ONE full day for
reconfiguration/implementation. Due to the available options with regards
to Professional Services pricing, we will not include the Professional
Services in the budgetary pricing below. The price you see is only for
Hardware and Software necessary for the project.
The budgetary price for the Extreme Networks Hardware is $12,150.00 and does not include shipping or professional services.
Town of Prosper
2012-13 Initiatives
NCC Data will continue to define and refine
processes at the Help Desk level with the objective
of reducing Time to Resolution for IT Support issues
Research and present proven methods in which the
Town’s Data & Telephone network can be made
more efficient & redundant with the goal of
eliminating single points of failure ensuring the
availability of Town resources to it’s employees and
citizens.
The Town of Prosper Continuity of Operations Plan
will be completed by September 1, 2012.
A Five Year IT Plan is in development as well and a
draft will be presented by September 1, 2012.
Page 1 of 1
To: Mayor and Town Council
From: Michael Bulla, Project Manager
Mike Land, Town Manager
Re: Town Council Meeting – Tuesday May 22, 2012
Date: May 18, 2012
Agenda Item:
Discussion regarding Town of Prosper Capital and Construction Projects. Handouts will be
provided at the Town Council meeting.
Budget Impact:
NA
Legal Obligations and Review:
NA
Attached Documents:
NA
Town Staff Recommendation:
Discussion item only.
Prosper is a place where everyone matters.
Development Services
Page 1 of 9
To: Mayor and Town Council
From: Hulon T. Webb, Jr., P.E., Director of Development Services/Town Engineer
CC: Mike Land, Town Manager
Matthew B. Garrett, MBA, CGFO, Finance Director
Frank E. Jaromin, P.E., Director of Public Works
Michael Bulla, CIP Project Manager
Re: Town Council Meeting – May 22, 2012
Date: May 17, 2012
Age nda Item:
Discussion regarding capital projects and for potential Certificates of Obligation and also
General Obligation debt financing needs.
Description of Agenda Item:
On May 14, 2011, the residents of Prosper voted in favor of a bond proposition allocating
$13,290,000 for street and road improvements that included the following Road Projects:
Roadway From To Material Est. Cost
Coleman Prosper Trail High School Concrete w/curb $1,500,000
Frontier DNT Preston Road Concrete w/curb $3,650,000
Prosper Trail Preston Road Custer Road Asphalt $1,000,000
Coit Road First Street Frontier Pkwy Asphalt $675,000
Coleman Broadway Prosper Trail Asphalt $375,000
Rhea Mills Finish Project Concrete $1,200,000
Hays Road Ridgewood Preston Road Concrete $500,000
Main Street Broadway First Street Concrete $200,000
Broadway McKinley Main Street Concrete $100,000
McKinley Road First Street Fifth Street Concrete $275,000
First Street Church Craig Concrete $300,000
Fifth Street Railroad Coleman Concrete $240,000
Seventh Coleman PISD Admin Concrete $380,000
Church First Street Broadway Concrete $170,000
Church Broadway Eighth Street Concrete $325,000
Field Third Street Broadway Concrete $35,000
Pasewark Preston End Concrete $240,000
Eighth Church PISD Admin Concrete $140,000
First Street Greenspoint Custer Road Asphalt $420,000
First Street DNT Coleman Asphalt $280,000
Fishtrap FM 1385 DNT Asphalt $1,250,000
Gee Road US 380 Fishtrap Asphalt $160,000
Teel US 380 Fishtrap Asphalt $155,000
ENGINEERING
Prosper is a place where everyone matters.
Page 2 of 9
ROAD PROJECTS: The Road Projects listed in the table below are recommended by Town
Staff for the Town Council to consider in the first Road Projects bond sale. These projects
include the projects recommended by the Bond Committee. Also included in the list is an
alternate cost estimate to improve Prosper Trail from Wilson Creek to Custer Road with
concrete versus the Bond Committee recommended asphalt.
Roadway From To Material Est. Cost
Prosper Trail Preston Road Custer Road Asphalt $1,000,000
Coit Road First Street Frontier Pkwy Asphalt $675,000
Coleman Broadway Prosper Trail Asphalt $375,000
Hays Road Ridgewood Preston Road Concrete $500,000
Coleman Prosper Trail High School Concrete $1,500,000
Rhea Mills Finish Project Concrete $1,200,000
Fishtrap FM 1385 DNT Asphalt $1,250,000
ALTERNATE CONSTRUCTION OF PROSPER TRAIL
Prosper Trail Coit Road Custer Road Asphalt ($675,000)
Prosper Trail Coit Road Wilson Creek Asphalt $400,000
Prosper Trail Wilson Creek Custer Road Concrete $2,000,000
ADDITIONAL FOR ALTERNATE $1,725,000
Town staff recommends that Prosper Trail be improved with asphalt from Wilson Creek to
Custer Road at this time as recommended by the Bond Committee.
The following table represents the Road Projects that various council members have
recommended for consideration:
Roadway From To Material Est. Cost
Prosper Trail Preston Road Custer Road Asphalt $1,000,000
Coit Road First Street Frontier Pkwy Asphalt $675,000
Coleman Broadway Prosper Trail Asphalt $375,000
Hays Road Ridgewood Preston Road Concrete $500,000
Main Street Broadway First Street Concrete $200,000
Broadway McKinley Main Street Concrete $100,000
First Street Church Craig Concrete $300,000
Seventh Coleman PISD Admin Concrete $380,000
First Street DNT Coleman Asphalt $280,000
TOTAL $3,810,000
Based on conversations with the Town Council at the April 10, 2012, Town Council Meeting,
staff confirmed that the funding of the culvert improvements to Coleman Road north of Prosper
Trail could be funded from the Drainage Utility System Fee Schedule. With the funding
reallocation of those improvements and the estimated cost of the projects provided by various
council members, there is still $690,000 that could be utilized for other Road Projects. Staff is
not requesting the Town Council decide which projects to fund with the $690,000 at this time but
rather agree to the recommendation that $4,500,000 of funding be allocated for Road Projects.
Parvin Good Hope FM 1385 Asphalt $235,000
Page 3 of 9
Another bond proposition allocated $6,200,000 for parks, trails, recreational facilities and a park
administration facility that included the following Bond Committee recommended Park Projects:
• Creek Crossing Community Park
• Hike and Bike Trails
• Recreation Facilities
• Park Administration Building
PARK PROJECTS: Of the $6,200,000 allocated for parks, trails, recreational facilities and a
park administration facility, the Bond Committee recommended $5,000,000 for park land
acquisition. The Park Project listed below is for park land acquisition of a single community
park.
Project Name Description Est. Cost
Creek Crossing Community Park Land Acquisition (71.6 +/- acres @ 54K/acre): $3,866,400
Waterline Community Park Land Acquisition (45 +/- acres @ $55K/acre): $2,475,000
The following funds are currently available for park land acquisition:
• Park Land Dedication Fee Fund $1,128,363
• Collin County Parks and Open Space Grant $400,000
With the allocation of $4,500,000 to the Road Projects there is still $1,000,000 that could be
funded for other GO related projects. Staff recommends that $1,000,000 of funding be allocated
to Park Projects.
DRAINAGE PROJECTS: On December 14, 2010, the Town council adopted a Municipal
Drainage Utility System Fee Schedule to fund the operations and maintenance of existing Town
drainage facilities. With the continued growth of the Town, the additional drainage utility system
fee funds being collected are able to reimburse annual debt payments that could fund the
following capital improvements.
Project Name Description Est. Cost
Coleman Road Culvert Upgrade $500,000
Lakes of La Cima Detention Pond Outfall Reconstruction $250,000
Teel Road Culvert Upgrade $30,000
Parvin Street Downtown Drainage Study $75,000
Amberwood Farms Channel Improvements north of Norniella property $100,000
Gentle Creek Channel Improvements north of Crooked Stick $25,000
Frontier Parkway Culvert Upgrade $25,000
Talon Drive Culvert Upgrade $25,000
TOTAL FUNDING OF DRAINAGE $1,030,000
WATER PROJECTS: On November 8, 2011, the Town Council adopted an ordinance updating
the Town’s land use assumptions, capital improvements plan, and roadway, water, and
wastewater impact fees. The capital improvements plan was developed to provide planning to
the Town for adequate water and wastewater service to support the existing and proposed
residential and commercial development. The impact fees adopted as part of the capital
Page 4 of 9
improvement plan were based on the water and sewer projects required to meet growth
demands from 2011-2021. These projects are shown on the attached water and wastewater
capital improvement projects exhibits.
As part of the capital improvements plan, the Town’s water demands was calculated for the
Year 2011 and projected for the Year 2021 and at Buildout based on the anticipated growth.
The following table provides the results of these calculations as provided in the capital
improvements plan study.
Projected Water Demands
Year Average Day (mgd)
Calculated
Maximum Day (mgd)
Calculated
Peak Hour (mgd)
2011 2.50 (actual) 8.38 16.50
2021 6.79 19.63 38.53
Buildout 21.53 52.40 101.96
Also as part of the capital improvements plan, the Town’s ground storage and pumping capacity
was evaluated in coordination with the water demands and the following associated
improvements recommended based on design criteria set forth in the study:
• Design and construction of ground storage tanks to serve the Upper Pressure Plane
(UPP) east of the BNSF RR and the Lower Pressure Plan (LPP) west of the BNSF RR.
• Expansion of the existing Custer Road Pump Station to serve the UPP.
• Design and construction of a second water distribution line to facility the increased
pumping capacity at the Custer Road Pump Station.
• Design and construction of an additional elevated storage tank to serve the UPP.
• Design and construction of an additional Pump Station to serve the LPP.
• Design and construction of an elevated storage tank to serve the LPP.
Project 1A – The following figure was provided in the capital improvements plan study and
summarizes the recommended ground storage capacity and associated improvements based
on the design criteria.
Recommended Ground Storage Capacity
Page 5 of 9
The following figure was provided in the capital improvements plan study and shows the timing
for expansion of the existing Custer Road Pump Station to serve the UPP.
Recommended UPP Firm Pumping Capacity
Freese and Nichols, Inc. developed criteria for sizing of storage and pumping capacity for the
Town. These criteria take into consideration many factors including operational flexibility, fire
protection, and energy efficiency. The design criteria recommended to size ground storage tank
capacity is to provide adequate storage volume to meet 8 hours of maximum day demand. The
design criteria recommended for pump station capacity is providing a firm pumping capacity to
meet 65% of the peak hour demand. The firm pumping capacity is defined as the total available
pumping capacity with the largest pump out of service to each pressure plane.
• Ground Storage: The Town currently has a 3 MG tank at the Custer Road Pump Station.
Based on the capital improvements plan study, the recommended capacity of ground
storage for the Year 2011 was 3 MG and increases to 6.5 MG by the year 2021. Based on
the growth since this study was adopted, the Town is below the recommended amount of
ground storage capacity. In order to maintain adequate ground storage capacity an
additional 5 MG tank is recommended. Since there exists a deficiency with the
recommended ground storage tank capacity and the Town is currently undertaking an ISO
Rating analysis, Town staff recommends that this additional tank be constructed as soon as
the design plans are complete. This additional tank will provide enough ground storage
capacity until the Year 2024 when another 5 MG tank will need to be constructed. The final
5 MG tank is anticipated to be required in the Year 2034.
• Pumping Capacity: As depicted on the Recommended UPP Firm Pumping Capacity figure,
the Town is currently below the recommendation in the study. W ith the expansion of the
existing Custer Road Pump Station to 20 MGD, the pumping capacity is projected to be
adequate until the Year 2024. At that time the Custer Road Pump Station would need to be
expanded from 20 MGD pumping capacity to 30 MGD pumping capacity.
Page 6 of 9
On December 13, 2011, the Town Council approved a design contract with Freese and Nichols
for the design of an additional 5 MG ground storage tank at the Custer Road Pump Station site
and increasing the pumping capacity at the site from 7.35 MGD to 20 MGD. Design is
underway and the anticipated project schedule is:
• Complete Design April 2012
• Bid Project May 2012
• Bid Award to Town Council June 2012
• Begin Construction July 2012
• Complete Construction July 2013
Project 1B – In order to facilitate the required pumping capacity at the Custer Road Pump
Station, an additional water line is needed to distribute the water from the pump station to the
Town’s water system. Currently there is only one water line from the pump station and it can
handle approximately 6 MGD of pumping capacity. The addition of another large distribution
water line from the pump station is recommended in the capital improvements plan study to
allow adequate distribution of the water from the pump station to the Town’s water system. The
second water line distribution line from the Custer Road Pump Station will also serve as a
secondary service line to the Town’s water system. If the existing water line from the pump
station to Coit Road were to break or need maintenance, the Town would be without water
service.
On December 13, 2011, the Town Council approved a design contract with Freese and Nichols
for the design of an additional water line from the pump station to the Town’s water system.
The specifics for this water line is:
• Design of approximately 11,150 feet of 30-inch treated water pipeline extending from the
Town’s pump station northwest to the intersection of Prosper Trail and Coit Road.
• Design of approximately 4,300 feet of 24-inch treated water pipeline extending from the
intersection of Prosper Trail and Coit Road north to the existing 20-inch waterline
termination just south of Prosper Trail.
Since the majority of the proposed water line extending from the pump station will cross
property currently held by Landplan, Freese and Nichols will coordinate with Town staff and
Landplan on an alignment study. Design is underway and the anticipated project schedule is:
• Complete Alignment Study April 2012
• Complete Design September 2012
• Bid Project October 2012
• Bid Award to Town Council November 2012
• Begin Construction January 2013
• Complete Construction June 2013
Project 9 – The following figure was provided in the capital improvements plan study and shows
the timing for the additional elevated storage tank to serve the UPP. The design criteria
recommended for elevated storage capacity is twice the required volume needed to meet 35%
of the peak hour demand for a duration of 3 hours. The Prosper Trail Elevated Storage Tank is
anticipated to be required to be complete by the end of 2015. Funding is already allocated out
of the 2004 CO Bonds for the acquisition of the property necessary for the tank.
Page 7 of 9
Recommended UPP Elevated Storage Capacity
Project 10 – The following figure was provided in the capital improvements plan study and
shows the timing for construction of a pump station to serve the LPP.
Recommended LPP Firm Pumping Capacity
Page 8 of 9
Project 19 – The following figure was provided in the capital improvements plan study and
shows the timing for the elevated storage tanks to serve the LPP.
Recommended LPP Elevated Storage Capacity
*Assume excess capacity in the Upper Pressure Plane can be used in the Lower Pressure Plane
At this time the Town is in discussion with the Upper Trinity Regional Water District (UTRWD)
on a contract to provide water service to the west side of Town or Lower Pressure Plane (LPP)
west of the BNSF RR. The timing of the construction of a pump station, ground storage tanks
and elevated storage tanks to serve the LPP in the capital improvements plan study was based
on North Texas Municipal Water District (NTMWD) serving the LPP from the Custer Road Pump
Station site. The timing of the construction of a pump station, ground storage tanks and
elevated storage tanks to serve the LPP based on UTRWD serving the LPP is unknown.
The lists of Water Projects in the following table are the recommended projects in the capital
improvement plan study that are of immediate need as well as projects that are currently under
design. The additional water projects recommended will be closely monitored and brought back
to the Town Council in the future for funding at the appropriate time.
WATER PROJECTS
Project Name Description Est. Cost
Project 1A Pump Station Expansion 20 MGD $2,600,000
“ 5 MG Ground Storage Tank $3,000,000
Project 1B Second Water Line Feed $3,500,000
TOTAL FUNDING OF WATER $9,100,000
Page 9 of 9
Funding Options:
Road Projects: $ 4,500,000
Park Projects: $ 1,000,000
Drainage Projects: $ 1,030,000
Water Projects: $ 9,100,000
Town staff will be present to discuss debt financing options.
Attached Documents:
N/A
Town Staff Recommendation:
Town staff recommends that the Town Council discuss the list of projects and debt financing
options and give staff direction on preparing the preliminary official statement for Certificate of
Obligation Bonds and General Obligation bonds.