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98-05 O - Amending Zoning Ordinance No. 84-16 (191.305 acres, Horn Survey, Abstract Nos. 412 & 419) TOWN OF PROSPER ORDINANCE NO. 98-05 AN ORDINANCE AMENDING PROSPER'S ZONING ORDINANCE NO. 84-16;REZONING A TRACT OF LAND CONSISTING OF 191.305 ACRES,MORE OR LESS, SITUATED IN THE GEORGE HORN SURVEY, ABSTRACT NOS. 412 AND 419, IN THE TOWN OF PROSPER, COLLIN - COUNTY, TEXAS HERETOFORE ZONED SINGLE-FAMILY RESIDENCE DISTRICT-1 (SF-1)UPON ITS ANNEXATION REZONED SINGLE-FAMILY ESTATE DISTRICT-4 (SFE-4);DESCRIBING THE TRACT TO BE REZONED;PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE;AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the Town of Prosper, Texas ("Prosper")has received a request from Toby Haggard to rezone 191.305 acres of land, more or less, situated in the W.T. Horn Survey, Abstract Nos. 412 and 419, in the town of Prosper, Collin County, Texas ("Prosper"); and WHEREAS, the Town Council of Prosper(the"Town Council")has investigated into and determined that the facts contained in the request are true and correct; and WHEREAS, all legal notices required for rezoning have been given in the manner and form set forth by law, and public hearings have been held on the proposed rezoning and all other requirements of notice and completion of such zoning procedures have been fulfilled; and WHEREAS,the Town Council has further investigated into and determined that it • will be advantageous and beneficial to Prosper and its inhabitants to rezone this property as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: / y ', SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: The zoning designation of the below-described property containing 191.305 acres, more or less, situated in the W.T. Horn Survey, Abstract Nos. 412 and 419, in the Town of Prosper, Collin County, Texas, (the "Property") and all streets, roads and alleyways contiguous and/or adjacent thereto is hereby rezoned as Single-Family Estate District-2 (SFE-2). Three original, official and identical copies of the zoning exhibit map are hereby adopted and shall be filed and maintained as follows: a. Two (2) copies shall be filed with the Town Secretary and retained as original records and shall not be changed in any matter. b. One(1) copy shall be filed with the building inspector and shall be maintained up-to-date by posting thereon all changes and subsequent amendments for observation, issuing building permits, certificates of compliance and occupancy and enforcing the zoning ordinance. Reproduction for information purposes may from time- to-time be made of the official zoning district map. Written notice of any amendment to this Planned Development District shall be sent to all property owners within two hundred feet (200') of the specific area to be amended. SECTION 3: No developer or property owner shall acquire any vested interest in this Ordinance or in any other specific regulations contained herein. Any portion of this Ordinance may be repealed by the Town Council in the manner provided for by law. SECTION 4: It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissible uses under this Zoning Ordinance. SECTION 5: PENALTY PROVISION. Any person, firm, corporation or business entity violating this Ordinance or any provision of Prosper's Zoning Ordinance No. 84-16, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined any sum not exceeding Two Thousand Dollars ($2000.00). 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 6: 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 7: All ordinances in conflict herewith are repealed to the extent they are in conflict. Any remaining portions of said ordinances shall remain in full force and effect. e SECTION 8: This Ordinance shall become effective from and after its adoption and publications as required by the Town Charter and by law. DULY PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS on this 14th day of April, 1998. APPRO D AS TO FORM: _ COFFMAN, or ATTESTED TO AND CORRECTLY RECORDED BY: S RLEY J� I Town Secretary DATE OF PUBLICATION: FEBRUARY20,1998, McKinney Courier Gazette.