10-006 - O TOWN OF PROSPER,TEXAS ORDINANCE NO. 10-006
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS, AMENDING SECTION 13
(PARKS AND OTHER PUBLIC USES) OF THE SUI3DIVISION ORDINANCE NO. 03-
O5; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES;
PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF.
� WHEREAS, the Town Couilcil of the Town of Prosper, Texas ("Town Council") has investigated and
determined that Section l3 (PARKS AND OTHER PUBLIC USES) of the Town of Prosper, Texas ("Prosper")
Subdivision Ordinance No. 03-OS should be amended; and
WHEREAS,Prosper has complied�with all notices and public hearings as required by law; and
WHEREAS, the Town Council finds that it will be advantageous, beneficial and in the best interest of
the citizens of Prosper to amend Prosper's Subdivision Ordinance No. 03-OS as set fortl� below.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PROSPER, TEXAS:
SECTION 1: Findin s Incorporated. The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: Amendment to Prosper's Subdivision Ordinance No 03 O5. Section 13 (PARKS AND
OTHER PUBLIC USES) of P►•osper's Subdivision Ordinance No. 03-OS is hereby amended to modify
subsection 13.4.1, which reads as follows:
13.4.1 Amount
The required conveyance of land shall be one (1) acre of land per thirty-five (35) residential
units, or in an amount proportionally equal to five percent (5%) of the total tract acreage,
whichever is greater.
SECTION 3: Amendment to Prosper's Subdivision Ordinance No 03 O5. Section 13 (PARKS AND
OTHER PUBLIC USES) of Prosper's Subdivision Ordinance No. 03-OS is hereby amended to modify
subsection 13.4.4, which reads as follows:
13.4.4 Credit for Private Recreation Facilities
Where private recreation facilities are built for the residents for the subdivision or
development, a credit may be granted with a recommendation from the Town Parks and
Recreation Board and approval by the Town Council. The value of these private recreation
facilities shall be determined by the Town Council, but shall not exceed one hundred
percent(100%)credit of conveyance.
SECTION 4: Amendment to Prosper's Subdivision Ordinance No 03 O5. Section 13 (PARKS AND
OTHER PUBLIC USES) of Prosper's Subdivision Ordinance No. 03-OS is hereby amended to modify
subsection 13.5.9.1, which reads as follows:
Pabe 1
13.5.9.1 There is hereby established a park fee for single-family dwelling units in the amount of one
thousand five hundred dollars ($1,500.00)per unit, and a park fee for multifamily dwelling
units in the amount of two thousand dollars($2,000.00)per unit.
SECTION 5: Savin s�/Repealin�Clause• Prosper's Subdivision Ordinance No. 03-OS shall remain in full
force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in
� conflict with this Ordinance are hereby repealed, 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 ordinance shall
remain in full force and effect.
SECTION 6: Severabilitv: 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 a��d effect. Prosper hereby declares that it
would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact
that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or
invalid.
SECTION 7: Penalty Provision. Any person, firm, corporation or business entity violating this
Ordinance or any provision of P�•osper's Subdivision Ordinance No. 03-05, or as amended, shall be deemed
guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Two Thousand Dolla►•s
($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal
provisions imposed under this Ordinance shall not preclude Prosper from filing suit to enjoin the violation.
Prosper retains all legal rights and remedies available to it pursuant to local, state and federal law.
SECTION 8: Effective Date: This Ordinance shall become effective from and after its adoption and
publication as reguired by law.
DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER,
TEXAS on this 12`�'day of January, 2010.
APPROVED AS TO ErO,RM:
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ATTESTED TO AND Ray Smith,�Vlayor Pro- r em
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DATE OF PUI3LICATION.• �� ���`�'�-'� �,vZ(.�i� Dallas Morn�� wsT�����S ��
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