08-025 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 08-025
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT
OF LAND SITUATED IN J. BATES SURVEY, ABSTRACT NO. 1620 AND, DENTON
COUNTY, TEXAS, CONTAINING APPROXIMATELY 27.149 ACRES OF LAND;
PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-
DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND
PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND BY THE ACTS
AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, the Town of Prosper ("Prosper") received a request from Forest City Land
Group, to annex a tract of land containing approximately 27.149 acres of land, more or less; and
WHEREAS, the Town Council of the Prosper ("Town Council") under the authority of
Section 43.001, et seq. Local Government Code, investigated and determined that it would be
advantageous and beneficial to Prosper and its inhabitants to annex the below -described property
("Property") to Prosper; and
WHEREAS, the Town Council finds that all requisites relative to consideration and
adoption of this Ordinance have been complied with pursuant to Chapter 43, Local Government
Code; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing
town limits of Prosper; and
WHEREAS, the Town Council finds that the field notes close the boundaries of the
Property being annexed; and
WEHREAS, the Town Council finds that the Property the subject of this Ordinance is
one-half (1/2) mile or less in width; and
WHEREAS, the Town Council finds that the Property the subject of this Ordinance is
vacant and without residents or fewer than three (3) qualified voters reside thereon; and
WHEREAS, the Town Council has conducted at least two (2) public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
Page 1
WHEREAS, the Town Council finds the public hearings were conducted on or after the
fortieth (40th) day but before the twentieth (20th) day before the date of institution of the
annexation proceedings; and
WHEREAS, the Town Council finds it has completed the annexation process within
ninety (90) days after the Town Council instituted annexation proceedings; and
WHEREAS, the Town Council finds the proposed Service Plan for Annexed Area was
prepared in compliance with law and was available for review and inspection by citizens; and
WHEREAS, the Town Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: l`itidings Mcorporated. The findings set forth above are incorporated into
the body of this Ordinance as if fully set forth herein.
SECTION 2: Property Annexed. The Property described in the attached Exhibit "A"
and all public streets, roadways and alleyways located within or contiguous to the same is hereby
annexed to Prosper.
SECTION 3: Service Plan. The Service Plan for the Property is attached hereto as
Exhibit `B" and made a part hereof for all purposes.
SECTION 4: Rights/Privileges/Bound by Ordinances and Regulations. That from and
after the passage of this Ordinance, the Property shall be a part of Prosper, and the inhabitants
thereof shall be entitled to all the rights and privileges of all of the citizens of Prosper and shall
be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the
laws of the State of Texas.
SECTION 5: Official Map and Boundaries Amended. That the official map and
boundaries of Prosper are hereby amended to include the property as part of Prosper and that a
certified copy of this Ordinance shall be filed in the County Clerk's office of Collin County,
Texas.
SECTION 6: Unlawful Use. It shall be unlawful for any person, firm or corporation to
make use of the Property in some manner other than as authorized by this Ordinance and Zoning
Ordinance No. 84-16, and any amendments thereto; and it shall be unlawful for any person, firm
Page 2
or corporation to construct on the Property any building that is not in conformity with the
permissible use under this Ordinance and Zoning Ordinance No. 84-16, and any amendments
thereto.
SECTION 7: Savings/Repealing Clause. 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 portions of said ordinances shall remain in full force and effect.
SECTION 8: Severability. Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full
force and effect. Prosper hereby declares that it would have passed this Ordinance, and each
section, subsection, clause or phrase thereof irrespective of the fact that any one or more
sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 9: Effective Date. This Ordinance shall become effective immediately upon
its passage.
PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS THIS 11"' DAY OF March, 2008.
ARLES NISWANGER, AYOR
ATTESTED TO AND
CORRECTLY RECORDED BY:
o 1111 l o w,
OF P��/ss�
A
ATTHEW D. DENTON, TRMC
TOWN SECRETARY
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Save & Except
A portion of Tract 3
Mahard 2003 Partnership, L.P.
Being all of that certain lot, tract or parcel of land located in the B. Rue Survey, Abstract No.
1113, Denton County, Texas, and being a portion of a called 76 acre tract of land described as
Tract Three in deed to Mahard 2003 Partnership, L.P., recorded in County Clerks File No. 2004-
0050900, Real Property Records, Denton County, Texas, and being more particularly described
as follows:
Beginning at a 5/8" iron rod found at an ell corner in the south line of a called 100 acre tract of
land described in deed to Bruce Jackson, et al, recorded in Volume 4910, Page 2975, Real
Property Records, Denton County, Texas, same being the northwest corner of said Mahard 2003
Partnership, L.P. tract;
THENCE North 89042'25" East, along the north line of said Mahard 2003 Partnership, L.P. tract
and passing at a distance of 583.33 feet the common southern corner of said Bruce Jackson, et
al tract and a called 134.58 acre tract of land described in deed to Little Elm Ranch Corporation,
recorded in Volume 5416, Page 3334, Real Property Records, Denton County, Texas, passing
again at a distance of 834.26 feet the common southern corner of said Little Elm Ranch
Corporation tract, and a tract of land described in deed to Salvador Buentello, recorded in Volume
2633, Page 648, Real Property Records, Denton County, Texas, and continuing for a total
distance of 1,545.14 feet to a 5/8" iron rod found for corner in the present centerline of Parvin
Road (no record of dedication found) at the beginning of a non -tangent curve to the left, having a
radius of 1,206.88 feet, a central angle of 19032'21", and a chord bearing and distance of South
58°53'46" West, 409.58 feet;
THENCE in a southwesterly direction, along the present centerline of said Parvin Road and
passing through said Mahard 2003 Partnership, L.P. tract the following five (5) courses and
distances:
1) Along said non -tangent curve to the left, an arc length of 411.57 feet;
2) South 49904'47" West, a distance of 322.13 feet to the beginning of a curve to the
right, having a radius of 355.51 feet, a central angle of 34057'47", and a chord
bearing and distance of South 71008'48" West, 213.59 feet;
3) Along said curve to the right, an arc length of 216.94 feet;
4) South 88°37'42" West, a distance of 557.23 feet to the beginning of a curve to the
left, having a radius of 410.55 feet, a central angle of 2736'35", and a chord bearing
and distance of South 75°08'34" West, 195.93 feet;
5) Along said curve to the left, an arc length of 197.83 feet to the east line of Good
Hope Road (no record of dedication found), same being the most southerly southeast
corner of said Bruce Jackson, et al tract;
THENCE North 00015'22" West, along the most southerly east line of said Bruce Jackson, et al
tract, a distance of 547.29 feet to the Place of Beginning and containing 575,223 square feet or
13.205 acres of land.
Exhibit A-2
DESCRIPTION — TRACT ONE
A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton
County, Texas and being the some tract of land as conveyed to Lathan Goodlet, et ux by a
deed filed for record in Volume 3329 at Page 820 of the Deed Records of Denton County,
Texas. Said tract of land being more particularly described by metes and bounds as
follows:
Beginning at a 5/8" rebar with a cap marked "KHA" found on the monumented East
right—of—way line of Good Hope Road, for the common West corner of the tract of land
herein described and a called 100.00 acre tract of land conveyed to E. Mahard, Jr. by a
deed filed for record at County Clerks Instrument Number 93—R0049966 of the Deed
Records of Denton County, Texas;
Thence N 00'20'14" W, along the aforementioned monumented East right—of—way
line, 388.18 feet to a 1/2" rebar in concrete found for a common corner of the tract of land
herein described and a called 0.507 acre tract of land conveyed to N. J. Goodlet, et ux by
a deed filed for record in Volume 1230 at Page 351 of the Deed Records of Denton
County, Texas;
Thence N 80'19'09" E,along the common boundary line of the tract of land herein
described and the aforementioned 0.507 acre tract, 162.36 feet to a 1/2" rebar with a cap
marked "RPLS 4967" set for a common corner;
Thence N 04'22'35" W, continuing along the aforementioned common boundary
line, 138.28 feet to a 1/2" rebar in concrete found for a common corner;
Thence S 89'60'42" W, continuing along the aforementioned common boundary
line, 151.50 feet to a 1/2" rebar in concrete found for a common corner on the
monumented East right—of—way line of Good Hope Road;
Thence N 00'02'39" W, along the aforementioned East right—of—way line, 176.63 feet
to a 1/2" rebar in concrete found for a common corner of the tract of land herein
described and a called 1.00 acre tract of land conveyed to N. J. Goodlet, et ux by a deed
filed for record at County Clerk's Instrument Number 94—R0089059 of the Deed Records
of Denton County, Texas;
Thence N 89'21'12" E, along the common boundary line of the tract of land herein
described and the aforementioned 1.00 acre tract, 362.48 feet to a 1/2" rebar in concrete
found for a common corner;
Thence N 00'05'33" W, continuing along the aforementioned common boundary
line, 120.14 feet to a 1/2" rebar in concrete found for their common North corner on the
South boundary line of a called 56.319 acre tract of _land conveyed to E. Mahard, Jr. by a
deed filed for record at"County Clerk's" Instrument Number 2004-24459 of the Deed
Records of Denton County, Texas;
Thence N 89'24'44" E, along the common boundary line of the tract of land herein
described and the aforementioned 56.319 acre tract, 1068.57 feet to a 5/8" rebar with a
i cap marked "KHA" found for a common corner;
Thence S 00'2843" E, continuing along the aforementioned common boundary line,
818.81 feet to a 1/2" rebar in concrete found for a common corner on the North boundary
line of the above—mentioned 100.00 acre tract;
Thence S 88'55'33" W, along the common boundary line of the tract of land herein
i described and the aforementioned 100.00 acre tract, 1435.44 feet to the Point of
Beginning.
Said tract of land containing 1,116,766 square feet or 25.637 acres, more or less.
DESCRIPTION — TRACT TWO
A tract of land situated within the J. Bates Survey, AWract Number 1620, Denton
County, Texas and being the same tract of land as conveyed to Nathan Goodlet, et ux by a
deed filed for record in Volume 1230 at Page 351 of the Deed Records of Denton County,
Texas. Said tract of land being more particularly described by metes and bounds as
follows:
Beginning at a 1/2" rebar in concrete found, on the monumented East right—of—way line of
Good Hope Road, for the Southwest corner of the tract of land herein described and a
corner of a called 25.6476 acre tract of land as conveyed to N. Goodlet, et ux by a deed
filed for record in Volume 3329 at Page 820 of the Deed Records of Denton County,
Texas;
Thence N 85'19'09" E, along the common boundary line of the tract of land herein
described and the aforementioned 25,6476 acre tract, 92.56 feet to a 1/2" rebar in
concrete found for a corner;
Thence N 04'18'50" W, 13.05 feet to a 3/8" rebar found for a corner;
Thence N 86'13'43" E, 13.06 feet to a 1/2" rebar with a cap marked "RPLS 4967"
set for a corner;
Thence S 05'12'35" E, 13.07 feet to a 1/2" rebar in concrete found for a corner on
the North boundary line of the above—mentioned 25.6576 acre tract of land;
Thence N 86'19'09" E, along the aforementioned common boundary line, 56.54 feet
to a 1/2" rebar in concrete found for a common corner;
Thence N 04'22'35" W, continuing along the aforementioned common boundary
line, 138.28 feet to a 1/2" rebar in concrete found for a common corner;
Thence S 89'0042" W, continuing along the aforementioned common boundary
line, 151.50 feet to a 1/2" rebar in concrete found for a common corner on the above—
mentioned East right—of—way line;
Thence S 00'00'14" E, along the aforementioned East right—of—way line, 145.68 feet
to the Point of Beginning.
Said tract of land containing 22,087 square feet or 0.507 acres, more or less.
DESCRIPTION — TRACT THREE
A tract of land situated within the J. Oates Survey, Abstract Number 1620, Denton
County, Texas and being the some tract of land as conveyed to Nathan Goodlet, et ux by a
deed filed for record at County Clerks Instrument Number 94—R0089059 of the Deed
Records of Denton County, Texas. Said tract of land being more particularly described
by metes and bounds as follows:
Beginning at a 1/2" rebor in concrete found, on the monumented East right—of—way line of
Goad Hope Road, for the Southwest corner of the tract of land herein described and a
corner of a called 25.6476 acre tract of land as conveyed to N. Goodlet, et ux by a deed
filed for record in Volume 3329 at Page 820 of the Deed Records of Denton County,
Texas;
Thence N 89'21'12" E, along the common boundary line of the tract of land herein
described and the aforementioned 25.6476 acre tract of land, 362.48 feet to a 1/2" rebar in
concrete found for a commons corner;
Thence N 00'0533" W, continuing along the aforementioned common boundary
line, 120.14 feet to a 1/2" rebar in concrete found for their common North corner on the
South boundary line of a called 56.319 acre 'tract of land conveyed to E. Mahard, Jr. by a
deed filed for record at County Clerk's Instrument Number 2004-24459 of the Deed
Records of Denton County, Texas;
Thence S 89'24'44" W, along the common boundary line of the tract of land herein
described and the aforementioned 56.319 acre tract, 352.29 feet to a 1/2" rebar with a cap
marked "RPLS 4967" set for their common West corner on the above—mentioned East
right—of—way line;
Thence S 00'00'19" E, along the aforementioned East right—of—way line, 120.52 feet
to the Point of Beginning.
Said tract of land containing 43,604 square feet or 1.001 acre, more or less.
DESCRIPTION — TRACT FOUR
A tract of land situated within the J. Bates Survey, Abstract Number 1620, Denton
County, Texas and being a portion of a tract of land conveyed to Laura Jackson by a deed
filed for record in Volume 291 at Page 80 of the Deed Records of Denton County, Texas
and also being more particularly described by metes and bounds as follows:
Commencing, for a tie, at a 1/2" rebar in concrete, found on the monumented East
right—of—way line of Good Hope Road, for the Southwest corner of a tract of land
conveyed to Nathan Goodlet, et • ux by a deed filed for record in Volume 1230 at Page 351
of the Deed Records of Denton County, Texas from which a 1/2" rebar in concrete found
for it's Northwest corner bears N 00'00'14" W, 145.68 feet;
Thence N 86'19'09" E, 92.56 feet to a 1/2" rebar found in concrete found for the
Southwest corner and Point of Beginning of the tract of land herein described, said corner
also being an internal corner of the aforementioned Goodlet tract;
Thence N 04'18'50" W, along the common boundary line of the tract of land herein
described and the aforementioned Goodlet tract, 13.05 feet to a 3/8" rebar found for a
common corner;
Thence N 86'13'43" E. continuing along the aforementioned common boundary
line, 13.06 feet to a 1/2" rebar with a cap marked "RPLS 4967" set for a common corner;
Thence S 05'12'35" E, continuing along the aforementioned common boundary line,
13.07 feet to a 1/2" rebar in concrete found for a common corner;
Thence S 86'19'09" W. 13.26 feet to the Point of Beginning.
Said tract of land containing 172 square feet or 0.004 acre, more or less,
Improvement Survey for (Reference Name): FC Prosper Partner Inc.
Client: Republic itis o exon. Inc.
For Title Commitment by: R blic Title of Tgxgs. Ing., GF 06R36860 MK2 ONLY.
Property Address: 1050 de 992 Good Hope Road
NOTE:
1. The tracts of land surveyed and shown hereon may be subject to an undefinable easement
to Denton County Electric Cooperative, Inc. as filed for record in Volume 403 at Page 85 of the
Deed Records of Denton County, Texas.
2. The tracts of land surveyed and shown hereon are subject to on undefinable easement to
Lone Star Gas Company as filed for record in Volume 146 at Page 388 of the Deed Records of
Denton County, Texas.
3. The 8' Water Easement as filed in Volume 1230 at Page 355 of the Deed Records of Denton
County, Texas is subject to an "Affidavit of Non—Use" as filed for record at County Clerk's
Instrument Number 2006-148096 in the Deed Records of Grayson County, Texas.
With reference to my copy of the Federal Emergency Management Agency Flood. Insurance Rate Map
for Denton County, Texas, Community Panel No. 4812IC-0430—E , Revised on 4/2/97 ,
the subject property's scaled location lies within Flood Zone(s) A , which IS designated
a 100 year Special Flood Hazard Area. The above map may not include all Special Flood Hazard Areas
and after a more detailed study the Special Flood hazard Areas may be modified and other areas
added. Localized flooding may occur someday due to changes in adjacent drainage patterns.
I do hereby certify that this survey was made on the ground, under my direct
supervision and the plat hereon is a true and correct representation of this
property, said survey and plat meet the Minimum Standards for Land Surveying
in the State of Texas; there ore no visible conflicts, encroachments, overlapping
of improvements or easements except as shown; all easements and other matters
of record of which I have been advised, by the above commitment, are as shown
hereon. Delta Land Surveying makes no representation as to the accuracy or
completeness of said commitment.
Lary W. Bus
TX R.P.L.S. No. 4967 — NM R.P.S. No. 11398 r
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AWRf W. BUSBY
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TOWN OF F'ItOSPE?R, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE: NO.
DATE OF ANNEXATION ORDINANCE:
ACREAGE ANNEXED:
SURVEY, ABSTRACT & COUNTY:
CURRENT PROPERTY OWNER:
08-025
March 11, 2008
Approximately 27.149 acres
J. Bates Survey, Abstract 1620, Denton County
Forest City Land Group
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF
OF THE TOWN OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE WITH THE
FOLLOWING SCHEDULE:
A. POLICE SERVICE
PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITHIN THE
LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE WILL
BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE TOWN.
B. FIRE SERVICE
FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT
PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS
OF AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE
PROVIDED TO THIS AREA UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AND
EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED
THROUGHOUT THE TOWN.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1. ENFORCEMENT OF THE TOWN'S ENVIRONMENTAL HEALTH ORDINANCE AND
REGULATIONS, INCLUDED BUT NOT LIMITED TO WEED AND BRUSH ORDINANCES, JUNKED
AND ABANDONED VEHICLE ORDINANCE, AND ANIMAL CONTROL ORDINANCES, SHALL BE
PROVIDED WITHIN THIS AREA 60 DAYS TO THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. THESE ORDINANCES AND REGULATIONS WILL BE ENFORCED THROUGH THE
USE OF EXISTING PERSONNEL.
2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OF
PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND
ELECTRICAL WORK TO ENSURE COMPLIANCE WITH TOWN CODES AND ORDINANCES WILL
BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
EXISTING PERSONNEL WILL BE USED TO PROVIDE THESE SERVICES.
3. THE TOWN'S ZONING, SUBDIVISION, SIGN, AND OTHER ORDINANCES SHALL BE ENFORCED
IN THIS AREA BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE TOWN OF PROSPER, BUT NOT MENTIONED
ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
5. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT PERSONNEL
WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIRONMENTAL HEALTH
AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE TOWN.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE TOWN WILL EXTEND TO THIS AREA
UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. TOWN PLANNING WILL
THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO
CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE TOWN'S COMPREHENSIVE PLAN.
E. PARK AND RECREATION SERVICES
I. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL
SERVICES, FACILITIES, AND SITES THROUGHOUT THE TOWN, BEGINNING UPON THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. ADDITIONAL FACILITIES AND SITES TO SERVE THIS PROPERTY AND ITS RESIDENTS WILL BE
ACQUIRED, DEVELOPED, AND MAINTAINED AT LOCATIONS AND TIMES PROVIDED BY
APPLICABLE PLANS, POLICIES AND PROGRAMS AND DECISIONS OF THE TOWN OF PROSPER.
THIS PROPERTY WILL BE INCLIDED IN ALL FUTURE PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN.
3. THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND
RECREATION SERVICES TO THE TOWN. THE SAME LEVEL OF PARKS AND RECREATION
SERVICES SHALL BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE
TOWN.
4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES
WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE TOWN,
BE MAINTAINED AND OPERATED BY THE TOWN OF PROSPER, BUT NOT OTHERWISE.
F. SOLID WASTE COLLECTION
I. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH
EXISTING TOWN POLICIES, BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE. RESIDENTS OR COMMERCIAL USERS OF THIS PROPERTY UTILIZING PRIVATE
COLLECTION SERVICES AT THE TIME OF ANNEXATION MAY CONTINUE TO DO SO IN LIEU OF
RECEIVINH CITY SERVICES UNTIL THE SECOND ANNIVERSARY OF THE EFFECTIVE DATE OF
THIS ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE ON THIS PROPERTY, AND POPULATION
DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE
PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE
TOWN AS TO FREQUENCY, CHANGES AND SO FORTH.
G. STREETS
1, THE TOWN OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENANCE,
APPLICABLE THROUGHOUT THE ENTIRE TOWN, SHALL APPLY TO THIS PROPERTY
BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. UNLESS A
STREET WITHIN THIS PROPERTY HAS BEEN
CONSTRUCTED OR IS IMPROVED TO THE TOWN'S STANDARDS AND SPECIFICATIONS,
THAT STREET WILL NOT BE MAINTAINED BY THE TOWN OF PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO TOWN
STANDARDS COMMENCE WITHIN THIS PROPERTY, THE POLICIES OF THE TOWN OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON
COMPLETION, AND MAINTENANCE AFTER COMPLETION, SHALL APPLY.
3. THE SAME LEVEL OF MAINTENANCE SHALL BE PROVIDED TO STREETS
WITHIN THIS PROPERTY WHICH HAVE BEEN ACCEPTED BY THE TOWN OF PROSPER AS IS
PROVIDED TO TOWN STREETS THROUGHOUT THE TOWN.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO TOWN STANDARDS
SHALL BE MAINTAINED BY THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT
POLICIES.
H. WATER SERVICES
1, CONNECTION TO EXISTING TOWN WATER MAINS FOR WATER SERVICE FOR DOMESTIC,
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN
ACCORDANCE WITH EXISTING TOWN POLICIES. UPON CONNECTION TO EXISTING MAINS,
WATER WILL BE PROVIDED AT RATES ESTABLISHED BY TOWN ORDINANCES FOR SUCH
SERVICE THROUGHOUT THE TOWN.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS OF
THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. TOWN
PARTICIPATION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE
APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE
COMMENCED WITHIN TWO AND ONE-HALF (2 '/2) YEARS FROM THE DATE OF ADOPTION OF
THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A
SUBDIVISION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER.
3. WATER MAINS INSTALLED OR IMPROVED TO TOWN STANDARDS WHICH ARE WITHIN THE
ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE
TOWN OF PROSPER BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION
ORDINANCE.
4. THEIR OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHOUT THE
TOWN, SHALL MAINTAIN PRIVATE WATER LINES WITHIN THIS PROPERTY.
I. SANITARY SEWER SERVICES
I. CONNECTIONS TO EXISTING TOWN SANITARY SEWER MAINS FOR SANITARY SEWAGE
SERVICE IN THIS AREA WILL BE PROVIDED IN ACCORDANCE WITH EXISTING TOWN
POLICIES. UPON CONNECTION, SANITARY SEWAGE SERVICE WILL BE PROVIDED AT RATES
ESTABLISHED BY TOWN ORDINANCES FOR SUCH SERVICE THROUGHOUT THE TOWN.
2. SANITARY SEWAGE MAINS AND/OR LIFT STATIONS INSTALLED OR IMPROVED TO TOWN
STANDARDS, LOCATED IN APPROVED DEDICATED EASEMENTS, AND WHICH ARE WITHIN
THE ANNEXED AREA AND ARE CONNECTED TO TOWN MAINS WILL BE MAINTAINED BY THE
TOWN BEGINNING UPON THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. PRIVATE
SEWER LINES SHALL BE MAINTAINED BY THE OWNERS THEREOF IN ACCORDANCE WITH
EXISTING TOWN POLICIES, PRACTICES AND REGULATIONS.
3. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SANITARY SEWER
MAINS OF THE TOWN WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE
SUBDIVISION ORDINANCE AND OTHER APPLICABLE TOWN ORDINANCES AND
REGULATIONS. TOWN PARTICIPATION IN THE COSTS OF THE EXTENSIONS SHALL BE IN
ACCORDANCE WITH APPLICABLE TOWN ORDINANCES AND REGULATIONS. SUCH
EXTENSIONS WILL BE COMMENCED WITHIN TWO AND ONE-HALF (2 1/2) YEARS FROM THE
EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, UNLESS THE SERVICES CANNOT BE
REASONABLY PROVIDED IN THAT PERIOD, THEN TOWN SHALL PROPOSE A SERVICE
SCHEDULE TO PROVIDE FOR THE PROVISION OF THE SERVICES WITHIN FOUR AND ONE-
HALF (4-1/2) YEARS AFTER THAT DATE.
J. MISCELLANEOUS
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED BY THE
TOWN OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED BY THE
TOWN COMMENCING UPON THE DATE OF USE OR UPON THE EFFECTIVE DATE OF THE
ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER.
2. GENERAL MUNICIPAL ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE TOWN
SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING UPON THE EFFECTIVE DATE OF
THE ANNEXATION ORDINANCE.
3. NOTWITHSTANDING ANYTHING SET FORT ABOVE, THIS SERVICE PLAN DOES NOT REQUIRE
ALL TOWN SERVICES BE PROVIDED AS SETFORTH ABOVE IF DIFFERENTCHARACTERISTICS
OF TOPOGRAPHY, LAND USE AND POPULATION DENSITY ARE CONSIDERED A SUFFICIENT
BASIS FOR PROVIDING DIFFERENT LEVELS OF SERVICE.
4. THE SERVICE PLAN IS VALID FOR TEN (10) YEARS FROM THE EFFECTIVE DATE OF THE
ORDINANCE.