18-70 - OTOWN OF PROSPER, TEXAS
ORDINANCE NO. 18-70
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS, AMENDING SECTION 4.10.004, "SIGNS," OF ARTICLE 4.10,
"GARAGE SALES," OF CHAPTER 4, "BUSINESS REGULATIONS," OF THE
TOWN'S CODE OF ORDINANCES BY REPEALING SAID SECTION IN ITS
ENTIRETY AND REPLACING IT WITH A NEW SECTION 4.10.004, "SIGNS,"
OF ARTICLE 4.10, "GARAGE SALES," OF CHAPTER 4, "BUSINESS
REGULATIONS"; PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town Council of the Town of Prosper, Texas ("Town Council"), has
investigated and determined that it will be advantageous, beneficial and in the best interests of
the citizens of the Town of Prosper, Texas ("Prosper"), to repeal the existing Section 4.10.004,
"Signs," of Article 4.10, "Garage Sales," of Chapter 4, "Business Regulations," of the Town's Code
of Ordinances and replace it in its entirety to be consistent with the recently adopted Sign Code,
adopted by Ordinance No. 18-49; and
WHEREAS, the Town Council, on behalf of Prosper and its citizens, further has
determined that this amendment will promote the public health, safety, and general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, THAT:
SECTION 1
The findings set forth above are incorporated into the body of this Ordinance as if fully set
forth herein.
SECTION 2
From and after the effective date of this Ordinance, Section 4.10.004, "Signs," of Article
4.10, "Garage Sales," of Chapter 4, "Business Regulations," of the Town's Code of Ordinances is
hereby repealed in its entirety and replaced with a new Section 4.10.004, "Signs," of Article 4. 10,
"Garage Sales," of Chapter 4, "Business Regulations," of the Town's Code of Ordinances to read
as follows:
"Section 4.10.004 Signs
All signs to be located in the town or its ETJ related to garage sales shall conform to the standards
of a "Residential Sign" as defined and regulated by Ordinance No. 18-49, as amended."
SECTION 3
All provisions of any ordinance in conflict with this Ordinance are hereby repealed to the
extent they are in conflict; but such repeal shall not abate any pending prosecution for violation of
the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for
any violation if occurring prior to the repeal of the ordinance. Any remaining portion of conflicting
ordinances shall remain in full force and effect.
SECTION 4
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or invalid by a court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this Ordinance. The Town hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irrespective of the fact that any one or more sections, subsections, sentences, clauses, and
phrases be declared unconstitutional.
SECTION 5
This Ordinance shall become effective after its passage, as provided by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS, ON THIS 11TH DAY OF SEPTEMBER, 2018.
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�'` ■■■,,i...a.■• APPROVED:
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X010 .° �•* Ray Smith, Mayor
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Robyn Baffle/Town Secretary
APPROVED AS TO FORM AND LEGALITY:
Terrence S. Welch, Town Attorney
Ordinance No. 18-70 Page 2