98-15 O - Annexation Ordinance - William Butler Survey, Tract 3, Lot 2, Abstract No. 112 Containing 12, 832 sq. Ft. TOWN OF PROSPER, TEXAS ORDINANCE NO. g R_15 r•
AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF �..t
A TRACT OF LAND SITUATED IN THE WILLIAM BUTLER SURVEY,
TRACT 3, LOT 2,ABSTRACT NO. 112, CONTAINING 12,832 SQUARE
FEET OF LAND, MORE OR LESS,IN COLLIN COUNTY, TEXAS;
PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-
DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS
AND PRIVILEGES OF OTHER CITIZENS OF PROSPER AND BE BOUND
BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER
ADOPTED;PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS
ORDINANCE AND PROSPER'S ZONING ORDINANCE NO. 84-16 AND
ANY AMENDMENTS THERETO; 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 of Prosper("Prosper")received a request from self
to annex a tract of land consisting containing 12,832 square feet of land,more or less; and
WHEREAS, the City Council of the Prosper("City_.Council")under the authority of
Section 43.021, Local Government Code, investigated and determined that it would be
advantageous and beneficial to Prosper and its inhabitants to annex the below-described property
("Property")to Prosper; and
WHEREAS, the City Council finds that the field notes close the boundaries of the
Property being annexed; and
WHEREAS, the City Council has conducted at least two (2)public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
WHEREAS, the City Council finds the public hearings were conducted on or after the
fortieth(40th) day but before the twentieth(20th) day before the date of institution of the
i annexation proceedings; and
VOLUNTARY ANNEXATION ORDINANCE IN THE WILLIAM BUTLER SURVEY CONTAINING 12,832 SQUARE FEET OF
LAND,MORE OR LESS-Page 1 - -
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WHEREAS, the City Council finds it has completed the annexation process within ninety
(90) days after the City Council instituted annexation proceedings; and
WHEREAS,the City Council finds that all legal notices,hearings,procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2: The Property described as follows and all public streets, roadways and
alleyways located within or contiguous to the same is hereby annexed to Prosper,to-wit:
BEING a tract of land out of the William Butler Survey, Tract 3, Lot 2, Abstract
No. 112, in Collin County, Texas, containing 12,832 square feet of land, more or
less; said tract is more particularly described in Exhibit "A" attached hereto and
incorporated herein for all purposes.
SECTION 3: The Service Plan for the Property is attached hereto as Exhibit "B" and
made a part hereof for all purposes.
SECTION 4: That from and after the passage of this Ordinance,the Property shall be a
part of Prosper, and the inhabitants thereof shall be entitled to all the rights and privileges of all
of the citizens of Prosper and shall be bound by all of the ordinances and regulations enacted
pursuant to and in conformity with the City Charter and the laws of the State of Texas.
SECTION 5: That the official map and boundaries of Prosper are hereby amended to
include the Property as part of Prosper and that a certified copy of this Ordinance shall be filed in
(\ ) the County Clerk's office of Collin County, Texas.
VOLUNTARY ANNEXATION ORDINANCE IN THE WILLIAM BUTLER SURVEY CONTAINING 12,832 SQUARE FEET OF
LAND,MORE OR LESS-Page 2
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L 14 77 1762
SECTION 6: It shall be unlawful for any person, firm or corporation to make use of the
Property in some manner other than as authorized by this Ordinance and Zoning Ordinance No.
84-16, and any amendments thereto; and it shall be unlawful for any person, firm or corporation
to construct on the Property any building that is not in conformity with the permissible use under
this Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto.
SECTION 7: Any person, firm or corporation who violates any provision of this
Ordinance and Zoning Ordinance No. 84-16, and any amendments thereto, shall be deemed
guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand
and 00/100 Dollars ($2,000.00), and each and every day such violation continues shall be
considered a separate offense; provided,however, such penal provision shall not preclude a suit
to enjoin such violation.
SECTION 8: Should any part or portion of this Ordinance, or the use created herein or
under Zoning Ordinance No. 84-16, and any amendments thereto,be declared unconstitutional or
invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining
portions shall remain in full force and effect.
SECTION 9: All ordinances in conflict with this Ordinance are repealed to the extent
they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full
force and effect.
SECTION 10: The caption of this Ordinance shall be published in accordance with the
law and the City Charter of Prosper and shall be effective immediately upon its passage and
publication.
'THE PARKS AGREE THAT BECAUSE OF THE SIZE OR PROJECTED PANNIER OF DE,UEUEMENI' BY THE OWNER AND/OR
DEVEllittli, IT IS NM' RFASIMELY EXPECTED AND 'THE PARIT S DO NOT REQUIRE CThEII CIT(T OF CAPITAL
D4PROVEMENIE TO BE S BEI MTAIL,Y CCWIEIED WITHIN Fu R AND CNE-HALF A) YEARS.
VOLUNTARY ANNEXATION ORDINANCE IN THE WILLIAM BUTLER SURVEY CONTAINING 12,832 SQUARE FEET OF
LAND,MORE OR LESS-Page 3
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•
PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF
PROSPER, TEXAS on this 14th day of JULY 1998.
S EP N COFFMAN, YOR
ATTESTED TO AND
CORRECTLY RECORDED BY: APPROVED AS TO FORM:
S EY VC ABERNATHY,ROEDER, ROBERTSON,
City Secretary BOYD &JOPLIN,P.C.
RICHARD M. ABERNATHY
City Attorneys
i 1
DATE OF PUBLICATION: 7 20-98 ,in tire Mdcamy ecaRTFR C,A'H?i'PF
VOLUNTARY ANNEXATION ORDINANCE IN THE WILLIAM BUTLER SURVEY CONTAINING 12,832 SQUARE FEET OF
LAND,MORE OR LESS-Page 4
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•
CKY of Prover
P.O.Box 307
Propar,TX 75078
ANY MUM H?^iJ WHICH RCSTR!C1S THE Shi c RENTAL OS9 irSE OF THE
D'SCRISFi R ad PriOr P1 RFCAUGE FF CU:CE a.,CE I itA.ALID AND
1I ENFO%ss�;Pi U.^i iEii FEDERAL Led
(IHE STATE OF T EXAOI IGOIPIiF OF COL!Its)
I Rarity ceitiiy i.>t this imroacect was FILED In tat Flie rUffas:Sere.n.e cn d'ea iLS
FM no time S T hewn by n i,and us thy RECORDED,in the°Viicial Public
Records of Real Prowiy of Collin...00nty,Tear on
AUG 1 1 1999
•4,
•
Filed for Record ing
COLLIN COUNTY TX
HONORABLE HELEN STARNES
On 1999/08/11
At 3g34Pr
Nurnberg 99- 0101490
Type 2 OR 17.00
CITY OF PROSPER, TEXAS
SERVICE PLAN FOR ANNEXED AREA
ANNEXATION ORDINANCE NO. 9 8—15
DATE OF ANNEXATION ORDINANCE: JULY 14L 1998
ACREAGE ANNEXED: ACRES 12 , 832 SQUARE FEET
SURVEY, ABSTRACT &COUNTY;WILLAIM BUTLER SURVEY — COLLIN COUNTY,TEXAS
Municipal Services to the acreage described above shall be furnished by or on behalf of
the City of Prosper City, Texas (the "City") at the following levels and in accordance with the
following schedule:
A. POLICE SERVICE
1. Patrolling, responses to calls and other routine police services,within the limits of
existing personnel and equipment and in a manner consistent with any of the methods of the
City, extends police service to any other area of the municipality, will be provided within sixty
(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 utilization and population density
within the area as determined by the City Council within four and one-half(4-1/2) years from the
effective date of the annexation ordinance, or upon commencement of development within the
area, whichever occurs later.
3. Upon ultimate development of the area, the same level of police services will be
provided to this area as are furnished throughout the City,
B. FLRVICE,
1. Fire protection equipment by the present personnel and the present equipment of
the Fire Depaztuient, within the limitations of available water and distances from existing fire
stations, and in a manner consistent with any of the methods of the City, extends fire service to
any other area of the municipality, will be provided to this area within sixty(60)days of the
effective date of the annexation ordinance.
sziRVICH PLAN FOR ANNEX$A AREA - Page X
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2. As development and construction commence in this area, sufficient fire and
emergency ambulance equipment will be provided to furnish this area the maximum 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 four and one-half(4-1/2) years
from the effective date of the annexation ordinance, or upon commencement 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.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEIVENTSERVICES
1. Enforcement of the City's environmental health ordinances and regulations,
including but not limited to, weed and brush ordinances,junked and abandoned vehicle
ordinances and animal control ordinances, shall be provided within this area sixty (60) days of
the effective date of the annexation ordinance. These ordinances and regulations will be
enforced through the use of existing personnel.
Complaints of ordinance or regulation violations within this area will be answered and
investigated within sixty (60) days of the effective date of the annexation ordinance.
2. Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings,plumbing,mechanical and electrical work to ensure
' compliance with City codes and ordinances will be provided within sixty(60) days of the
effective date of the annexation ordinance. Existing personnel will be used to provide these
services.
3. The City's zoning, subdivision,sign and other ordinances shall be enforced in this
area beginning within sixty(60)days of the effective date of the annexation ordinance.
4. All inspection services furnished by the City, but not mentioned above,will be
provided to this area beginning within sixty(60) days of the effective date of the annexed
ordinance.
5. As development and construction commence in this area, sufficient personnel will
be provided to furnish this area the same level of Environmental Health and Code Enforcement
Services as are furnished throughout the City.
D. PANNINGAND ZONING S� FRVI_
The planning and zoning jurisdiction of the City will extend to this area within sixty(60)
days of the effective date of the annexation Ordinance. City planning will thereafter encompass
this property, and it shall be entitled to consideration for zoning in accordance with the City's
Comprehensive Zoning Ordinance and Comprehensive Plan.
SERVICE PLAN FOR ANNP.XSD AREA - Page 2
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E. PARK ANT) RECREATION SERVICES
1. Residents of this property may utilize all existing park and recreational services,
facilities and sites throughout the City, beginning within sixty (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. This property will be included in all plans for providing
parks and recreation services to the City.
3. Existing parks, playgrounds, swimming pools and other recreational facilities
within this property shall, upon dedication to and acceptance by the City, be maintained and
operated by the City, but not otherwise.
F. SOLID WASTE COLLECTION
1. Solid waste collection shall be provided to the property in accordance with
existing City policies,beginning within sixty (60) days of the effective 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 collection services will be
provided to any business located in the annexed area at the same price as presently provided for
any business customer within the City, upon request.
2. As development and construction commence in this property and population
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 collection shall begin within sixty(60) days of the effective date of
the annexation ordinance,
G. HUM
1. The City's existing policies with regard to street maintenance, applicable
throughout the entire City, shall apply to this property beginning within sixty(60) days of the
effective 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.
2. As development,improvement or construction of streets to City standards
commences within this property, the policies of the City with regard to participation in the costs
thereof, acceptance upon completion and maintenance after completion, shall apply.
86RVIC8 PLAN FOR ANNEXED AREA - Page 3
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3. The same level of maintenance shall be provided to streets within this property
which have been accepted by the City as is provided to City streets throughout the City.
4. Street lighting installed on streets improved to City standards shall be maintained
in accordance with current City policies.
H. WATI R SIR'VICES
1. Connection to existing City water mains for water service for domestic,
commercial and industrial use within this property will be provided in accordance 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.
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 participation in the costs of these extensions shall be
in accordance with the applicable City ordinances and regulations. Such extensions will be
commenced within two (2)years from the effective date of the annexation ordinance and
substantially completed within four and one-half(4-1/2)years after that date.
3. Water mains installed or improved to City standards which are within the annexed
area and are within approved dedicated easements shall be maintained by the City beginning
within sixty(60) days of the effective date of the annexation ordinance.
4. Private water lines within this property shall be maintained by their owners in
accordance with existing policies applicable throughout the City.
I. SANITARY VVER SERVICES
1, Connections to existing City sanitary sewer mains for sanitary sewage service in
this area will be provided in accordance with existing City policies. Upon connection, sanitary
sewage service will be provided at rates established by City ordinances for such service
throughout the City.
2. Sanitary sewage mains and/or lift stations installed or improved to City standards,
located in approved dedicated easements, and which are within the annexed area and are
connected to City mains will be maintained by the City beginning within sixty(60) days of the
effective date of the annexation ordinance.
3. As development and construction commence in this area, sanitary sewer mains of
the City will be extended in accordance with provisions of the Subdivision Ordinance and other
applicable City ordinances and regulations. Such extensions will be commenced within two (2)
years from the effective date of the annexation ordinance and substantially completed within four
and one-half(4-1/2) years after that date.
SERVICR PLAN FOR ANNU M ARRA - Page 9
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J. MISCUILI,ANZOLIS
1. Any facility or building located within the annexed area and utilized by the City
in providing services to the area will be maintained by the City commencing upon the date of use
or within sixty(60) days of the effective date of the annexation ordinance, whichever occurs
later.
2. General municipal administration and administrative services of the City shall be
available to the annexed area beginning within sixty(60) days of the effective date of the
annexation ordinance.
3. [ADD IF VOLUNTARY ANNEXATION: The parties agree that because of the
size'or projected manner of development by the owner and/or developer, it is not reasonably
expected and the parties do not require construction of capital improvements to be substantially
completed within four and one-half(4-1/2)years. NOTE: owner will sign Service Plan if the
annexation is voluntary].
4. Notwithstanding anything set forth above, this Service Plan does not require all
municipal services be provided as set forth above if different characteristics of topography, land
use and population density are considered a sufficient basis for providing different levels of
service.
5. The Service Plan is valid for ten (10) years from the effective date of the
Ordinance.
BERVICB PIAN FOR ANNEXED AREA - Page 5
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