98-24 O - Amending Zoning Ordinance No. 84-16, Section 25: General Definitions (No. 39 Mobile Home Dwelling) --e
TOWN OF PROSPER, TEXAS ORDINANCE NO. 9 8-2 4
AN ORDINANCE OF THE TOWN OF PROSPER, TEXAS,AMENDING
PROSPER'S COMPREHENSIVE ZONING ORDNANCE NO. 84-16,
SECTION 25: GENERAL DEFINITIONS (NO. 39-MOBILE HOME
DWELLING); PROVIDING FOR THE ENFORCEMENT OF THIS
ORDINANCE AND 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 City Council of the Town of Prosper, Texas ("City Council")has
investigated and determined that Section 25: General Definitions (No. 39-Mobile Home
Dwelling) of the Comprehensive Zoning Ordinance No. 84-16 of the Town of Prosper, Texas
("Prosper") should be amended; and
WHEREAS,Prosper has complied with all notices and public hearings as required by
law; and
WHEREAS, the City Council finds that it will be advantageous,beneficial and in the best
interest of the citizens of Prosper to amend Ordinance No. 84-16 as set forth below:
NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN
OF PROSPER, TEXAS:
SECTION 1: Findings. The findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
r SECTION 2: Amendment to Comprehensive Zoning Ordinance No. 84-16. Section 25:
General Definitions (No. 39-Mobile Home Dwelling) of Prosper's Comprehensive Ordinance
No. 84-16 is hereby amended to read as follows:
ORDINANCE AMENDING PROSPER'S COMPREHENSIVE
ZONING ORDINANCE NO.84-16:MOBILE HOME DWELLING DEFINITION-Page 1
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SECTION 25: GENERAL DEFINITIONS
39. Mobile Home Dwelling-A structure that was constructed before June 15,
1976, transportable in one or more sections,which, in the traveling mode,
is eight body feet or more in width or 40 body feet or more in length, or,
when erected on site, is 320 or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a
permanent foundation when connected to the required utilities, and
includes the plumbing,heating, air-conditioning, and electrical systems.
SECTION 3: Penalty Provision. Any person, firm, corporation or business entity
violating this Ordinance or any provision of Prosper's Comprehensive Zoning Ordinance No. 84-
16, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall
be fined a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's
violation under this Ordinance shall constitute a separate offense. The penal provisions imposed
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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 4: Savings/Repealing Clause. Prosper's Comprehensive Zoning Ordinance
No. 84-16 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.
SECTION 5: 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
l ._\ ORDINANCE AMENDING PROSPER'S COMPREHENSIVE
ZONING ORDINANCE NO.84-16:MOBILE HOME DWELLING DEFINITION-Page 2
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'l7 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 6: Effective Date. This Ordinance shall become effective after its passage and
publication as required by law and the Charter of Prosper.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE TOWN OF
PROSPER, TEXAS, on this 29 day of SEPTEMBER 1998.
,(74„.
r.'
STE HE O. COFFMAN,Ma§o
r
ATTESTED AND CORRECTLY APPROVED AS TO FORM:
RECORDED:
(
S EY 31'�CK ABERNATHY, ROEDER,ROBERTSON
City Secretary BOYD &JOPLIN,P.C.
RICHARD M. ABERNATHY
City Attorney
Date of Publication: O C T O B E R 12 , 1998 ,McKinney Courier Gazette
i
ORDINANCE AMENDING PROSPER'S COMPREHENSIVE
ZONING ORDINANCE NO.84-16:MOBILE HOME DWELLING DEFINITION-Page 3
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