95-12 O - Annexation Ordinance - J. Tunney Survey, Tract 3, Abstract 916, #6 Pasewark Circle MrIF
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P.O. Box 297 r,
Prosper, Texas 75078 ,
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214/347-2304
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ORDINANCE 95-12 i
s
AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED I
. TERRITORY TO THE CITY OF PROSPER, TEXAS, AND
EXTENDING THE BOUNDARY LIMITS- OF SAID CITY SO ''
AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY
WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERR-
ITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY
ALL OF THE RIGHTS AND PROVILEGES OF OTHER CITIZENS
AND BINDING SAID FUTURE INHABITANTS BY ALL OF THE
ACTS AND ORDINANCES OF SAID CITY.
WHEREAS, A PETITION HAS BEEN DULY SIGNED AND ACKNOWLEDGED BY EACH AND
EVERY PERSON OR CORPORATION HAVING AN INTEREST IN THE TERRITORY PROPOS-
ED TO BE ANNEXED;
WHEREAS, SAID PETITION WAS PRESENTED TO THE GOVERNING BODY AND APPROV-
ED SUCH PETITION NOT LESS THAN FIVE (5) DAYS AND NOT.MORE THAN THIRTY
(30)DAYS;
WHEREAS, SAID TRACT OF LAND IS CONTIGUOUS TO THE CITY AND IS NOT MORE
AHAN ONE-HALF (z) MILE IN WIDTH, AND ON WHICH FEWER THAN THREE (3)
QUALIFIED VOTERS RESIDE;
WHEREAS, THE CITY HAS PREPARED A SERVICE PLAN FOR SAID TRACT WHICH IS
ATTACHED AS EXHIBIT "A" TO THIS ORDINANCE;
WHEREAS, THE CITY HAS PUBLISHED NOTICE OF HEARINGS ON SAID ANNEXATION
AND HELD HEARINGS AS REQUIRED BY STATE LAW; AND
• WHEREAS, AFTER HEARING SUCH PETITION AND THE ARGUMENTS FOR AND AGAINST
THE SAME, THE GOVERNING BODY HAS VOTED TO GRANT SUCH PETITION AND TO
ANNEX SAID TERRITORY INTO THE CITY.
NOW-THEREFORE, BE IT ORDAINED BY. THE GOVERNING BODY OF THE
CITY OF PROSPER, TEXAS: .
SECTION 1 : THAT THE. FOLLOWING DESCRIBED TERRITORY IS HEREBY ANNEXED IN-
TO THE CITY, AND THE BOUNDARY LIMITS TO THE CITY ARE HEREBY EXTENDED TO
INCLUDE THE SAID TERRITORY WITHIN THE CITY LIMITS OF THE CITY, AND SAID
LAND AND THE FUTURE INHABITANTS THEREOF SHALL HEREAFTER BE ENTITLED TO
ALL RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF THE CITY AND SHALL BE
BOUND BY THE ACTS AND ORDINANCES OF SAID CITY.
BEING ' 2 ACRES OUT OF THE JOHN R. TUNNEY SURVEY, ABSTRACT 916
TRACT 3 - #6 PASEWARK CIRCLE
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SECTION 2 : THAT THE MUNICIPAL SERVICE PLAN FOR THE HEREIN ANNEXED TERR-
ITORY PROVIDED FOR IN EXHIBIT "A" ATTACHED HERETO IS HEREBY ADOPTED.
SECTION 3 : THAT THE CITY SECRETARY. IS HEREBY DIRECAD TO FILE WITH THE
COUNTY CLERK AND OTHER APPROPRIATE OFFICIALS AND AGENCIES, AS REQUIRED BY
STATE AND YhDERAL LAW AND CITY ANNEXATION PROCEDURES,-CERTIFIED COPIES OF
THIS ORDINANCE.
PASSED BY AN AFFIRMATIVE VOTE OF THE GOVERNING BODY OF THE
CITY OF PROSPER, THIS 10th DAY OF OCTOBER , 1995 .
- APPROVED:
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CITY OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. 95-12
DATE OF ANNEXATION ORDINANCE: 10-10-95
ACREAGE ANNEXED: 2 . .ACRES
SURVEY, ABSTRACT & COUNTY: LOCATED IN COLLIN COUNTY, TEXAS
CONTAINING 2 ACRES, ABSTRACT 916
JOHN R. TUNNEY SURVEY
MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNSSHED BY OR ON
BEHALF OF THE CITY OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDANCE
WITH THE FOLLOWING SCHEDULE:
A. POLICE SERVICE
1 . PATROLLING, RESPONSES TO CALLS, AND OTHER ROUTINE POLICE SERVICES, WITH-
IN THE LIMITS OF EXISTING PERSONNEL AND EQUIPMENT, WILL BE PROVIDED WITHIN 60
DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2 . AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT POLICE
PERSONNEL AND EQUIPMENT WILL BE PROVIDED TO FURNISH THIS AREA THE MAXIMUM LEVEL OF
POLICE SERVICES CONSISTENT WITH THE CHARACTERISTICS OF TOPOGRAPHY, LAND UTILIZA-
TION, AND POPULATION DENSITY WITHIN THE AREA AS DETERMINED BY THE CITY COUNCIL WITH-
IN TWO AND ONE-HALF (22) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORD-
INANCE, OR UPON COMMENCEMENT OF DEVELOPMENT WITH THE AREA, WHICHEVER OCCURS LATER.
3 . UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF POLICE SERVICE
WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE CITY.
B. FIRE SERVICE
1 . FIRE PROTECTION AND EMERGENCY AMBULANCE EQUIPMENT BY THE PRESENT PER-
SONNEL AND THE PRESENT EQUIPMENT OF THE FRIE DEPARTMENT, WITHIN THE LIMITATION OF
AVAILABLE WATER AND DISTANCES FROM THE EXISTING FIRE STATION, WILL BE PROVIDED TO
THIS AREA WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS AREA, SUFFICIENT FIRE
AND EMERGENCY AMBULANCE EQUIPMENT WILL BE PROVIDED TO FURNISH THIS AREA THE MAX-
IMUM LEVEL OF POLICE SERVICES CONSISTENT WITH THE CHARACTERISTICS OF TOPOGRAPHY,
LAND UTILIZATION, AND POPULATION DENSITY WITHIN THE AREA AS DETERMINED BY THE CITY
COUNCIL WITHIN TWO AND ONE-HALF (22) YEARS FROM THE DATE OF DEVELOPMENT WITHIN
THE AREA, WHICHEVER OCCURS LATER.
3 . 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 CITY.
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ORDINANCE NO. 95-12
C. ENVIROMENTAL HEALTH AND CODE ENFORCEMENT SERVICES
1. ENFORCEMENT OF THE CITY'S ENVIROMENTAL HEALTH ORDINANCE AND REGULATIONS,
INCLUDING 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.
COMPLAINTS OF ORDINANCES OR REGUALTION VIOLATIONS WITHIN THIS AREA WILL BE
ANSWERED AND INVESTIGATED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXA-
TION ORDINANCE.
2. INSPECTION SERVICES, INCLUDING THE REVIEW OF BUILDING PLANS, THE ISSUANCE
OR PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ET,F,C-
TRICAL WORK TO ENSURE COMPLIANCE WITH CITY CODES AND ORDINANCES WILL BE PROVIDED
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. EXISTING PER-
SONNEL WILL BE USED TO PROVIDE THESE SERVICES.
3. THE CITY'S ZONING, SUBDIVISION, SIGN AND OTHER ORDINANCES SHALL BE EN-
FORCED IN THIS AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXA-
TION ORDINANCE.
4. ALL INSPECTION SERVICES FURNISHED BY THE CITY OF PROSPER, BUT NOT MEN-
TIONED 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 PER-
SONNEL WILL BE PROVIDED TO FURNISH THIS AREA THE SAME LEVEL OF ENVIROMENTAL
HEALTH AND CODE ENFORCEMENT SERVICES AS ARE FURNISHED THROUGHOUT THE CITY.
D. PLANNING AND ZONING SERVICES
THE PLANNING AND ZONING JURISDICTION OF THE CITY WILL EXTEND TO THIS AREA
WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. CITY PLANN-
ING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CON-
SIDERATION FOR ZONING IN ACCORDANCE WITH THE CITY'S COMPREHENSIVE ZONING ORD-
INANCE AND COMPREHENSIVE PLAN.
E. PARK AND RECREATION SERVICES
1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL
SERVICES, FACILITIES, AND SITES THROUGHOUT THE CITY, BEGINNING WITHIN 60 DAYS
OF 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 CITY OF PROSPER.
THIS PROPERTY WILL BE INCLUDED IN ALL PLANS FOR PROVIDING PARKS AND RECREATION
SERVICES TO THE CITY. THE SAME LEVEL OF PARKS AND RECREATION SERVICES SHALL
BE FURNISHED TO THIS PROPERTY AS IS FURNISHED THROUGHOUT THE CITY.
3. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN
THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE CITY, BE MAIN-
TAINED AND OPERAI'DI BY THE CITY OF PROSPER, BUT NOT OTHERWISE.
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ORDINANCE NO. 95-12
F. SOLID WASTE COLLECTION
1.. SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCOR-
DANCE WITH EXISTING CITY POLICIES, BEGINNING WITHIN 60 DAYS OF THE EYFECTIVE
DATE OF THE ANNEXATION ORDINANCE. RESIDENTS OF THIS PROPERTY UTILIZING
PRIVATE COLLECTION SERVICES AT THE TIME OF ANNEXATION SHALL CONTINUE TO DO SO
UNTIL IT BECOMES FEASIBLE BECAUSE OF INCREASED DENSITY OF POPULATION TO SERVE
THE PROPERTY MUNICIPALLY. COMMERCIAL REFUSE COT,T,FCTION SERVICES WILL BE
PROVIDED TO ANY BUSINESS LOCATED IN THE ANNEXED AREA AT THE SAME PRICE AS PRE-
SENTLY PROVIDED FOR ANY BUSINESS CUSTOMER WITHIN THE CITY OF PROSPER, UPON RE-
QUEST.
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS: PROPERTY, AND POPULA-
TION DENSITY INCREASES TO THE PROPERTY LEVEL, SOLID WASTE COLLECTION SHALL BE
PROVIDED TO THIS PROPERTY IN ACCORDANCE WITH THE CURRENT POLICIES OF THE CITY
AS TO FREQUENCY, CHANGES AND SO FORTH.
3. SOLID WASTE COLT,FCITON SHALL BEGIN WITHIN 60 DAYS OF THE EFFECTIVE
DATE OF THE ANNEXATION ORDINANCE.
G. STREETS
1. THE CITY OF PROSPER'S EXISTING POLICIES WITH TEGARD TO STREET MAIN-
TENANCE, APPLICABLE THROUGHOUT THE ENTIRE CITY, SHALL APPLY TO THIS PROPERTY
BEGINNING WITHIN 60 DAYS OF THE EEFECTIVE DATE OF THE ANNEXATION ORDINANCE.
UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO
THE CITY'S STANDARDS AND SPECIFICATIONS, THAT STREET WILL NOT BE MAINTAINED
BY THE CITY OF PROSPER.
2. AS DEVELOPMENT, IMPROVEMENT OR CONSTRUCTION OF STREETS TO CITY
STANDARDS COMMENCES WITHIN THIS PROPERTY, THE POLICIES OF THE CITY OF PROSPER
WITH REGARD TO PARTICIPATION IN THE COSTS THEREOF, ACCEPTANCE UPON COMPLE-
TION, 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 CITY OF PROSPER AS IS PROVIDED
TO CITY STREETS THROUGHOUT THE CITY.
4. STREET LIGHTING INSTALLED ON STREETS IMPROVED TO.CITY STANDARDS SHALL
BE MAINTAINED BY.THE EXISTING FRANCHISE IN ACCORDANCE WITH CURRENT POLICIES.
H. WATER SERVICES
1. CONNECTION TO EXISTING CITY WATER MAINS FOR WATER SERVCCE FOR DOMESTIC,
COMMERCIAL, AND INDUSTRIAL USE WITHIN THIS PROPERTY WILL BE PROVIDED IN ACCOR-
DANCE WITH EXISTING CITY POLICIES. UPON CONNECTION TO EXISTING MAINS, WATER
WILL BE PROVIDED AT RATES ESTABLISHED BY CITY ORDINANCES FOR SUCH SERVICE
THROUGHOUT THE CITY.
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• ORDINANCE NO. 95-12
2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROPERTY, WATER MAINS
OF THE CITY WILL BE EXTENDED IN ACCORDANCE WITH PROVISIONS OF THE SUBDIVISION
ORDINANCE AND OTHER APPLICABLE ORDINANCES AND REGULATIONS. CITY PARTICIPA-
TION IN THE COSTS OF THESE EXTENSIONS SHALL BE IN ACCORDANCE WITH THE APPLICA-
BLE CITY ORDINANCES AND REGULATIONS. SUCH EXTENSIONS WILL BE COMMENCED WITH-
IN TWO AND ONE-HALF (22) 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 CITY STANDARDS WHICH ARE WITHIN
THE ANNEXED AREA AND ARE WITHIN DEDICATEIL) EASEMENTS SHALL BE MAINTAINED BY
THE CITY OF PROSPER BEGINNING WITHIN 60 DAYS OF THE.EET ECTIVE DATE OF THE
ANNEXATION ORDINANCE. •
4. PRIVATE WATER LINES WITHIN THIS PROPERTY SHALL BE MAINTAINED BY THEIR
OWNERS, IN ACCORDANCE WITH EXISTING POLICIES APPLICABLE THROUGHTOUT THE CITY.
I. SANITARY SEWER SERVICES •
1. SANITARY SEWER SERVICES WILL BE PROVIDED BY SEPTIC TANK IN ACCORDANCE
WITH AN AGREEMENT BETWEEN RICHARD HOFF AND THE CITY OF PROSPER AND IN COMPLI-
ANCE WITH SECTION 43.056 (d) , LOCAL GOVERNMENT CODE.
J. MISCELLANEOUS
•
1. ANY FACILITY OR BUILDING LOCATED WITHIN THE ANNEXED AREA AND UTILIZED
BY THE CITY OF PROSPER IN PROVIDING SERVICES TO THE AREA WILL BE MAINTAINED
BY THE CITY COMMENCING UPON THE DATE OF USE OR WITHIN 60 DAYS OF THE EE'-
ECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER.
R USE THE
ANY
Y• R PROVISION
IS ON HEREIN WHICH
IC RESTRBECAUS TO COLORLON MCELIS INYAU0 AND
UNENFORCEABLE UNDER FEDERAL LAW cDutrtY OF COLUN)
LTItE STATE OF TEXAS)
I hereby certify that this lnatrume^t was FILED in Gte Fl n Number Se uenca
"the date• OfficialPatine Heoc of Riff Vrope MC
ttY own oou^t�yl7e�i�+Eon
OCT 2 7 1995
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Filed -Cols Reeo'rd in:
COLLIN COUNTY TX
HONORABLE NELEN STARVES
On 1995/10/27
At 11153P
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Humber o 95-OF: 00808011 0
Type
O