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95-01 O - Impact Fee Ordinance O. CITY OF PROSPER, TEXAS ORDINANCE NO. 9 5-01 11.1i AN ORDINANCE ADOPTING A CAPITAL IMPROVEMENTS PLAN AND ESTABLISHING IMPACT FEES BASED ON THE CAPITAL IMPROVEMENTS PLAN TO BE ASSESSED BY THE CITY OF PROSPER, 0 TEXAS IN ACCORDANCE WITH CHAPTER 395 OF THE TEXAS LOCAL 0 GOVERNMENT CODE; REPEALING ANY CONFLICTING ORDINANCES; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION HEREOF. WHEREAS, the City Council of the City of Prosper, Texas (the "City Council") has investigated and determined that the City of Prosper ("Prosper") should impose Impact Fees on new development in order to pay certain costs associated with the construction and expansion of capital improvements serving the new development; and WHEREAS, Chapter 395 of the Texas Local Government Code regulates Impact Fees on new development, and the City Council intends that Prosper comply with the provisions of that statute and other applicable law; and WHEREAS, the City Council has established and appointed a Capital Improvements Advisory Committee (the "Advisory Committee"); and WHEREAS, with the advice and assistance of the Advisory Committee, Land Use Assumptions for the imposition of Impact Fees ("Land Use Assumptions") were prepared by Hunter Associates, Inc., a professional engineering firm; and WHEREAS, the City Council in accordance with the provisions of Chapter 395 of the Texas Local Government Code has approved the Land Use Assumptions following public hearing; and WHEREAS, based on the Land Use Assumptions, a Capital Improvements Plan has been prepared by Hunter Associates, Inc., a qualified professional engineering firm as required ORDINANCE ADOPTING AN IMPACT FEE-Page 1 Iw/I:lmbox8\prosperlimpctfee.ord • • by Chapter 395 of the Texas Local Government Code consisting of Impact Fee Analysis for Water and Wastewater dated November 1994; and WHEREAS, the Advisory Committee has filed written comments on the Capital Improvements Plan, and the City Council has received and reviewed those comments; and WHEREAS, a public hearing was held on December 13, 1994 concerning the adoption of the Capital Improvements Plan and Impact Fees, and the City Council fmds that Prosper has complied in all ways with Chapter 395 of the Texas Local Government Code, and any notice, adoption, promulgation, and methodology necessary to adopt a Capital Improvements Plan and establish Impact Fees; and WHEREAS, the City Council fmds that it is in the best interest of the citizens of JProsper to approve and adopt the Capital Improvements Plan and to establish Impact Fees consistent with the Capital Improvements Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PROSPER: SECTION 1: Compliance With Law. This Ordinance is adopted pursuant to the provisions of Chapter 395 of the Texas Local Government Code, as well as the authority of Ordinance 11, Section 5, of the Texas Constitution. Further, the City Council fmds that Prosper has complied in all ways with Chapter 395 of the Texas Local Government Code, and any notice, adoption, promulgation, and methodology necessary to adopt a Capital Improvements Plan and establish Impact Fees. ORDINANCE ADOPTING AN IMPACT FEE-Page 2 _ Iw/I:\mbox8\prosper\impctfee.ord • SECTION 2: Purpose. The purpose of this Ordinance is to implement a policy of Prosper to impose Impact Fees on new development in compliance with Chapter 395 of the Texas Local Government Code, and to use those fees to pay certain costs associated with the construction of capital improvements and facility expansion to serve new development. • SECTION 3: Definitions. A. Assessment / Assessed: The determination of the amount of the maximum Impact Fee in effect on the date or occurrence of assessment per service unit which can be imposed on new development pursuant to this Ordinance. B. Capital Improvements: The water and wastewater facilities (including expansions of existing facilities to provide additional capacity), that are identified as capital improvements or facility expansions in the Capital Improvements Plan, including but not limited to any facility with a life expectancy of three (3) or more years and is owned and operated by or on behalf of Prosper; any water supply, treatment and distribution facility; and any wastewater collection and treatment facility. C. Capital Improvements Advisory Committee ("Advisory Committee"): The Advisory Committee shall consist of members appointed by the City Council. The composition of the Advisory Committee shall comply with applicable requirements of the impact fee statute, including any requirements for representation of the real estate, development, or building industries by persons who are not employees or officials of a political subdivision or governmental entity. D. Capital Improvements Plan: A plan contemplated by this Ordinance that identifies capital improvements or facility expansions for which Impact Fees may be assessed by Prosper, identifies service areas, the maximum fee rate allowed in accordance with the impact fee statute, and other pertinent information. E. Commercial/Retail Property: Property located in a retail or commercial zoning district or within a planned development zoning district (or identifiable portion of such a district) as set forth in Prosper's Zoning Ordinance or any amendments thereto. F. Credit: The amount of the reduction of an Impact Fee for fees, payments or charges for or construction of the same type of facility. ORDINANCE ADOPTING AN IMPACT FEE-Page 3 Iw/I:lmbox8\prosperlimpctfee.ord • S' • • G. Development Agreement: A contract relating to capital improvements and Impact Fees entered into by Prosper and a property owner in accordance with this Ordinance. H. Facility Expansion: The expansion of the capacity of an existing facility that serves the same function as an otherwise necessary new capital improvement in order that the existing facility may serve new development. The term does not include the repair, maintenance, modernization or expansion of an existing facility to better serve existing development or to solely meet stricter safety, efficiency, environmental or regulatory standards. I. Fee Rate: The dollar rate per service unit established by this Ordinance for assessment, payment and collection of Impact Fees. The fee rate is less.than or equal to the maximum fee rate. Fee rates for water and wastewater facilities are established in Schedule 1 of this Ordinance. J. Final Plat Approval or Approval of a Final Plat: The point at which the applicant has complied with all conditions of approval and the plat has been released for filing with the County Clerk of Collin County, Texas. K. Impact Fees: A charge or assessment imposed as set forth in this Ordinance against new development. The term does not include: 1. Required dedications of land for public parks or payments in lieu thereof; 2. Dedication of rights-of-way or easements or construction or dedication of on-site water distribution, waste water collection or drainage facilities, or streets, sidewalks, or curbs if the dedication or construction is required by a valid ordinance and is necessitated by and attributable to the new development; or 3. Lot or acreage fees or pro-rata fees to be placed in trust funds for the purpose of reimbursing developers for oversizing or constructing water or sewer mains or lines. L. Impact Fee Statute: Chapter 395 of the Texas Local Government Code, as amended. M. Industrial Property: Property located in a industrial zoning district or within a planned development zoning district (or identifiable portion of such a district) as set forth in Prosper's Zoning Ordinance or any amendments thereto. N. Land Use Assumptions: A description of the service area and projections of changes in land uses, densities, intensities and population in the service area. ORDINANCE ADOPTING AN IMPACT FEE-Page 4 Iw/I:lmbox81prosperlimpctfee.ord • • • - • O. New Development: The subdivision of land within the territorial boundaries of Prosper that increases the number of service units for which an Impact Fee may be imposed; the construction, reconstruction, redevelopment, conversion, structural alteration, relocation, remodeling, enlargement, or other physical change in any structure located in the territorial boundaries of Prosper that increases the number of service units for which an Impact Fee may be imposed; or any use or change in use of the land or structures located within the territorial boundaries of Prosper that increases the number of service units for which an Impact Fee may be imposed. P. Off-Site: Located entirely on property which is not included within the bounds of the plat being considered for Impact Fee assessment. Q. On-Site: Located at least partially on the plat which is being considered for Impact Fee assessment. R. Plat: Any final subdivision plat or fmal subdivision replat of any lot or tract within the territorial boundaries of Prosper approved under the provisions of Chapter 212 of the Texas Local Government Code and this Ordinance. S. Residential Property: Property located within a single-family, duplex, two- family or multi-family zoning district or within a planned development zoning district (or identifiable portion of such a district) as set forth in Prosper's Zoning Ordinance or any amendments thereto. T. Service Area: In the case of Impact Fees for water and wastewater facilities, the entire area within the territorial boundaries of Prosper to be served by the capital improvements and facilities expansions specified in the Capital Improvements Plan. U. Service Area Map: The service area map included in the Capital Improvements Plan, which shows the territorial boundaries of Prosper including the water and wastewater facilities service area. V. Service Unit: A service unit is defined for the purpose of Impact Fee assessment as the average water consumption and wastewater production of an acre of equivalent single-family residential land use. Each acre is assumed to contain 1.0 single-family dwelling unit. W. Structure: Any buildings or other improvements to land, including sidewalks, paving, lighting irrigation systems, drainage and storm water detention facilities, and utility and communication lines and equipment. ORDINANCE ADOPTING AN IMPACT FEE-Page 5 Iw/l:lmbox8\prosper\impctfee.ord • ..• • : X. Wastewater Facilities: An improvement for providing wastewater collection and treatment, including, but not limited to, land or easements, treatment \ facilities, lift stations or interceptor mains. Wastewater facilities exclude sanitary sewer lines or mains which are constructed by developers, the cost of which is reimbursed from pro-rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facilities. Y. Water Facilities: An improvement for providing water supply, treatment and distribution service, including, but not limited to, land or easements, water treatment facilities, water supply facilities or water distribution lines. Water facility excludes water lines or mains which are constructed by developers, the cost of which is reimbursed from pro-rata charges paid by developers or owners of property in other subdivisions as a condition of connection to or use of such facility. SECTION 4: Assessment and Collection of Impact Fees. A. Impact Fees shall be assessed before or at the time plats are released by Prosper for recordation. For new development on residential, retail/commercial or industrial properties, Impact Fees shall be collected for water and wastewater facilities, either at the time of recordation of the plat, upon connection to Prosper's water or wastewater systems incident to any increase in water consumption or wastewater production, or at the time Prosper issues either the building permit or the certificate of occupancy. No wastewater Impact Fee will be collected on property tracts greater than one (1) acre, if a septic tank system is utilized; the septic tank system must be approved by Prosper. B. Additional Impact Fees or increases in fees shall not be assessed until the number of service units to be developed on the tract increases. Should the service units be increased, Impact Fees shall be increased in an amount equal to the current Impact Fee per service unit multiplied by the difference in the number of service units. C. Impact Fees may be assessed but not collected for property where service is not available unless: (a) Prosper commits to commence construction of necessary facilities ORDINANCE ADOPTING AN IMPACT FEE-Page 6 Iw/l:%mbox81prosper1impctfee.ord • • identified in the Capital Improvements Plan within two (2) years and have service available in a reasonable time, not exceeding five (5) years; or (b) Prosper agrees in writing to permit the owner of the property to construct or finance a required capital improvement or facility expansion and agrees that thee cost incurred or funds advanced will either (i) be credited against the Impact Fees otherwise due from the new development; (ii) reimburse the owner for such cost from Impact Fees paid from other new developments that will use such capital improvements or facility expansions in which case these shall be reimbursed to the owner at the time of collected as other new development plats are recorded; or (iii) the owner voluntarily requests that Prosper reserve capacity to serve future development and Prosper and the owner enter into a valid written agreement. D. The owner of property for which there is a recorded plat may enter a written agreement with Prosper providing for the time and method of payment of Impact Fees, which agreement shall prevail over any contrary provisions of this Ordinance. E. Receipt by Prosper of the Impact Fees payable under this section is a condition to the release of plats of residential property for recording, to the issuance of a building permit or certificate of occupancy, or to water utility connection and service, as the case may be. F. For new development which is platted before the adoption of this Ordinance and in accordance with either Subchapter A, Chapter 212 of the Local Government Code, or the subdivision or platting procedures of Prosper, an Impact Fee may not be collected on any service unit for which a valid building permit is issued within one year after the date of adoption of this Ordinance. ORDINANCE ADOPTING AN IMPACT FEE-Page 7 Iw/I:lmbox8\prosperlimpctfee.ord • •. • SECTION 5: Calculation of Impact Fees. A. Impact Fees shall be determined by multiplying the number of service unit equivalents in the proposed development by the amount per service unit equivalent due under Schedule 1 which is attached hereto and incorporated herein for all purposes. The number of service unit equivalents shall be determined by using the conversion table contained in the Capital Improvements Plan, and attached hereto and made a part of this Ordinance as Schedule 2. B. If a development, subject to assessment of Impact Fees under this Ordinance, has an actual area coverage that varies from the average area coverage used as the basis for determination of Impact Fees as contained in Schedule 2, the Impact Fees assessed shall be determined by multiplying the fees calculated in accordance with the preceding paragraph by a ratio, the numerator being the actual area coverage and the denominator being the average area coverage per Schedule 2. C. The determination of Impact Fees shall be reduced by any allowable credits for the category of capital improvements as provided herein. D. The total amount of unpaid Impact Fees shall be attached to the development application, or, if to be paid at some later date, to the requests for other permit or connection. E. Replatting shall not require recalculation of Impact Fees unless the number of service units is increased or land uses change. If a proposed development increases the number of service units, the Impact Fees shall be recalculated as provided herein. SECTION 6: Impact Fee Required; Exceptions. No building permits shall be granted for new construction of any property nor shall any original water or wastewater service connection commence unless and until Impact Fees ORDINANCE ADOPTING AN IMPACT FEE-Page 8 Iw/I:lmbox81prosper impctfee.ord • required by this Ordinance are assessed and collected or a development agreement for payment is approved by Prosper and is executed between the parties. SECTION 7: Credits. An owner shall not be entitled to a credit against any category of Impact Fees for the owner's expenses in the construction or dedication of any facilities contained in the Capital Improvements Plan, except as required by law or as provided for in a development agreement between Prosper and the owner. No credit for construction or dedication of any facility shall exceed the total amount of Impact Fees due from the new development for the same category of capital improvements. SECTION 8: Expenditure and Accounting for Fees and Interest. C) All Impact Fees collected shall be deposited in interest-bearing accounts identifying the category of capital improvements or facility expansions within the service area for which the fee is adopted. Interest earned shall be credited to the account and shall be subject to the same restrictions on expenditures as the funds generating such interest. Impact Fees and interest earned thereon may be spent only for the purposes for which such fee was imposed as shown in the Capital Improvements Plan. Record-keeping procedures shall be established to comply with the impact fee statute and the provisions of this Ordinance. The records of the accounts under which Impact Fees are deposited shall be open for public inspection and copying during regular business hours. SECTION 9: Refunds. A. On the request of an owner of the property in which an Impact Fee has been paid, Impact Fees shall be refunded if existing facilities are available and service is denied or if Prosper failed to commence construction of facilities required for service within two (2) ORDINANCE ADOPTING AN IMPACT FEE-Page 9 Iw/I:lmbox8\prosperrimpctfee.ord • •. years of payment of fee or if such construction is not completed within a reasonable time but not in any event in more than five (5) years from the date of payment of the fee. B. Any Impact Fee funds not expended within ten (10) years after payment shall be refunded. C. Refunds shall bear interest calculated from the date of collection to the date of refund at the statutory rate set forth in Ordinance 5069-1.03, Vernon's Texas Revised Civil Statutes or as amended. D. All refunds shall be made to the record owner of the property at the time the refund is paid. However, if the Impact Fees were paid by another political subdivision or governmental entity, payment shall be made to the political subdivision or governmental entity. E. The owner of the property on which the Impact Fee has been paid or another political subdivision or government entity that paid the Impact Fee has standing to sue for a refund under this Ordinance. F. Nothing in this Ordinance shall create an obligation on the general funds of Prosper, and unless the City Council otherwise specifically so authorizes, the obligation on the general funds of Prosper, and unless the City Council otherwise specifically so authorizes, the obligation of Prosper to pay any refund under this Ordinance is limited to the amount of Impact Fees collected and interest earned less expenditures for capital improvements and other refunds previously paid. ORDINANCE ADOPTING AN IMPACT FEE-Page 10 Iw/1:1mbox81prosper impctfee.ord • SECTION 10: Development Agreements. , A. Prosper may enter into development agreements with private property owners relating to Impact Fees. Prosper has no obligation to enter into any development agreement, and each development agreement must be approved by the City Council. B. Before any private property owner may enter into a development agreement, a plat of the property that is the subject of the development agreement must have been recorded. C. Development agreements may provide for: 1. Construction and dedication of capital improvements by Prosper or by property owners, and for the allowance and application of any resulting credits against Impact Fees. 2. Whole or partial reimbursement to private parties for the construction and dedication of capital improvements from Impact Fees or other sources. 3. The construction of roadway, water or wastewater facilities not identified in the Capital Improvements Plan, and for the terms and conditions of any reimbursement for any excess service capacity so constructed. 4. Methods of valuation, allocation of credits among property owners, and other matters relating to the amount of administration of credits. 5. Other agreements relating to Impact Fees not prohibited by this Ordinance, the impact fee statute, or other applicable law. SECTION 11: Advisory Committee. A. The Advisory Committee shall consist of members appointed by the City Council. The composition of the Advisory Committee shall comply with applicable requirements of the impact fee statute, including any requirements for representation of the ORDINANCE ADOPTING AN IMPACT FEE-Page 11 Iw/I:lmbox8lprosper impctfee.ord • real estate, development, or building industries by persons who are not employees or officials of a political subdivision or governmental entity. B. The Advisory Committee shall serve only in an advisory capacity, and shall: 1. Monitor and evaluate implementation of the Capital Improvements Plan and this Ordinance. 2. File semi-annual reports about the implementation of the Capital Improvements Plan and this Ordinance, including any inequities perceived by the Advisory Committee. The semi-annual report may consist of, or be reflected in, the minutes of a meeting of the Advisory Committee. 3. Report annually to the City Council concerning the need to update or revise the Land Use Assumptions, the Capital Improvements Plan, or this Ordinance. The annual report may be delivered orally at a meeting of the City Council or in writing. 4. Provide advice and assistance in connection with any amendment of the Land Use Assumptions, the Capital Improvements Plan, or this Ordinance. 5. File written comments on any amendment of the Land Use Assumptions, the Capital Improvements Plan, or this Ordinance. 6. Take such other actions as may be required by the impact fee statute or other applicable law. C. All professional reports concerning the development, implementation, or amendment of the Land Use Assumptions, the Capital Improvements Plan, or this Ordinance shall be made available to the Advisory Committee. D. The Advisory Committee, at the time of the adoption of this Ordinance, is composed of Phil Cooper, Linda Mahard, George Boyce, David Ferguson and Mark Carey who were appointed on or about April 21, 1994 and whose procedural rules were adopted by the City Council pursuant to Resolution Number 94-16 effective on or about April 21, 1994, ORDINANCE ADOPTING AN IMPACT FEE-Page 12 Iw/I:lmbox8\prosper impctfee.ord • • and which may be amended or modified by resolution of the City Council without amending this Ordinance. SECTION 12: Appeals; Impact Fee Waiver and Postponement. A. Any decision or interpretation relating to this Ordinance by any administrative official of Prosper may be appealed to the City Council by the affected property owner. The City Council shall render its decision on the appeal following a public hearing. B. Following a public hearing, the City Council may authorize the whole or partial waiver of the Impact Fees payable by a property owner if the City Council fords that the property owner's new development will provide benefits to Prosper that are substantially comparable or equivalent to the Impact Fees waived and that the waiver will not materially � ) and adversely affect the ability of Prosper to provide the capital improvements identified in the Capital Improvements Plan. C. Following a public hearing, the City Council may authorize the postponement or deferred payment of the Impact Fees payable by a property owner if the City Council finds that the postponement or deferral will be in the best interests of Prosper and that the postponement or deferral will not materially and adversely affect the ultimate collection of the Impact Fees owed. SECTION 13: Periodic Updates Required. The Land Use Assumptions and Capital Improvements Plan upon which Impact Fees are based shall be updated at least every three (3) years, beginning with the first such update to be on or before December 12, 1997. Alternatively, the City Council may, pursuant to the provisions of Section 395.0575 of the Local Government Code, make a determination that no such update is required. ORDINANCE ADOPTING AN IMPACT FEE-Page 13 Iw/I:lmbox8\prosperlimpctfee.ord • • SECTION 14: Miscellaneous. r ) A. This Ordinance does not limit the powers of Prosper under the constitution and ) laws of the State of Texas to regulate development, to provided for the development and funding of public infrastructure, and to otherwise carry out its purposes or the purposes of this Ordinance. B. This Ordinance does not limit the ability of Prosper to finance capital improvements through the issuance of bonds, through the formation of public improvement districts or other assessment districts, or through any other lawful means in addition to, or in lieu of, the use of Impact Fees. C. Except as stated to the contrary in this Ordinance, Impact Fees shall be in addition to, and not in place of any other fees, taxes, charges, or assessments lawfully imposed under other applicable law or other zoning, subdivision, and development regulations of Prosper. SECTION 15: Inconsistent or Conflicting Ordinances. This Ordinance shall be and is hereby declared to be cumulative of all the ordinances of Prosper, and this Ordinance shall not operate to repeal or affect any such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, and such other ordinance or ordinances are hereby repealed. SECTION 16: Severability. If any section, sub-section, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid for any reason, such holding shall not affect the validity of the remaining portions of this Ordinance. ORDINANCE ADOPTING AN IMPACT FEE-Page 14 Iw/I:lmbox8\prosper impctfee.ord • . c SECTION 17: Preservation of Public Health and Safety. This Ordinance is declared to be a preservation of public health and safety ordinance relating to criteria for land subdivision and construction of buildings, and may be enforced as such under Chapter 54 of the Texas Local Government Code, as amended. SECTION 18: Adoption of Impact Fee Analysis for Water and Wastewater. The Impact Fee Analysis for Water and Wastewater dated November, 1994 and attached hereto as Exhibit "A" is hereby approved and adopted as the Capital Improvements Plan of Prosper. Section 19: Effective Date. This Ordinance shall become effective after its passage and publication as required by law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF PROSPER ON THIS THE 10TH DAY OF JANUARY, 1995. • G DY OTHERMON, Mayor ATTEST: APPROVED AS TO FORM: S RLEY ON-led D. I&Y WOODS City Secretary City Attorney Date of Publication: 01-16-95 , McKinney Courier Gazette AKER 1th_QEDIiC RE tFN'10: IX JACEECN ORDINANCE ADOPTING AN IMPACT FEE-Page 15 P.O. 307 Iw/I:lmbox81prosperlimpctfee.ord RUM, ` S 75078 • SCHEDULE 1 IMPACT FEF-S Rates for Water acitim Impact Fees Fee Rate Maximum Fey.Rate Per Service Unit $ 1932 . 00 $3,220.00 Impact Fees Raw r W ste at actlf ty p Fee Rate Mimum Fee Rate Per Service Unit $ 1887 . 00 $3,145.00 JT SCHEDULE 2 EQUIVALENCY TABLE Service Unit Equivalent Avg. Area Water Wastewater Street Land Use Type_ Coverage acilities Facilities Facilities Residential 1.0* 1.0 1.0 N/A j Retail/Commercial 10,890** 21.6 27.2 N/A Industrial 1"0`** 1.7 1.7 * Dwelling Units (DU) per Acre (AC) ** Gross Square Foot (GSF) Building Area per Acre *** Gross Acre /7 • Rt "d ' Printer's Fee $ ili57 • No '?s.-o / Estate of ©. d r:L.G� ° e42 7 64d PUBLISHER'S AFFIDAVIT • THE STATE OF TEXAS COUNTY OF COLLIN, On this day personal! appear eefore the undersigned authority ' one of the publisher's of E DAILY COURIER-GAZETTE published at McKin- ney,Texas,who on oath says that the notice hereto annexed was published In said newspape...;,x_ on-tti . .. .K day of. 19 QS• r:l hetj, . ' %' . day of 19 CI • 1,4‘Y F ' C-•:-..:, ... % •4.', . - Publisher Swo,rn•to an i subscribed before me this. t. day of.. ..19.9s y otary Pub c, Cr.ollin C unty, Texas ANY PROVISION HEIIEHIWHICH REa JAMS THESALE.RURAL,OR USEOFTHE DESCRIBED REAL PROPERTY K AUSE Of COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW Mnbyalt1(y;nthsIrnhummtyinfILEDIMsFINummb,vSi junc, oon ths n Ms 0 te and um Rt`, of Ru PreiMy N C ilii was duly RECORDED, MAR 16 1995 cifie,aw 4.&•,44..., sillt % , GOOEY CLERK.GOWN CDUNit,TElAS a** Filed for Record in: COLLIN COUNTYL TX HONORABLE HELEN STARNES On 1995/03/16 At 10:39A TperR- 00ye : O 443.00 i S •;1' t• •• . . • . . . . . . • _, • .. •, -