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99-26 O - Annexation Ordinance - 57.73 Acres, J. Tunney Survey, Abstract No. 916 (Marie Garrison)05161 a 1-411 TOWN OF PROSPER, TEXAS ORDINANCE NO. 99-26 AN ORDINANCE PROVIDING FOR THE VOLUNTARY ANNEXATION OF A TRACT OF LAND SITUATED IN THE JOHN R. TUNNEY SURVEY, ABSTRACT NO. 916, CONTAINING 57.73 ACRES 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 TOT HE RIGHTS AND PRIVELAGES 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 Marie Garrison to annex a tract of land containing 57.73 acres of land, more or less with zoning being SFE-2; and WHEREAS, the City Council of the Prosper ("City Council") under the authority of Section 43.001, et seq. 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 property the subject of this Ordinance is within the extraterritorial jurisdiction of Prosper and is adjacent and contiguous to the existing city limits of Prosper; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; , and WEHREAS, the City Council finds that the property the subject of this Ordinance is one-half (1/2) mile or less in width; and 05167 01478 WHEREAS, the City Council finds that the property the subject of this Ordinance is vacant and without residents; 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 WEHREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20`h) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and f WHEREAS, the City Council finds the proposed Service Plan for Annexed Area was available for review and inspection by citizens; 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. fSECTION 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. SECTION 3: The Service Plan for the Property is attached hereto and made a part hereof for all purposes. 05167 01479 44 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. 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 V 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 tshall not preclude a suit to enjoin such violation. SECTION 8: Should any part of portion of this Ordinance, or the use created herein or under Zoning Ordinance No. 84-16, and any amendments thereto, be declared 5167 O1480 IM In LA 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. PASSED AND APPROVED BY THE CITY OCUNCIL OF THE TOWN OF PROSPER, TEXAS on this 15TH day of JUNE 199S ATTESTED TO AND CORRECTLY RECORDED BY: JEVNIFP,R FINLEY, CUy Secretary CITY OF PROSPER, TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. 99-26 DATE OF ANNEXATION ORDINANCE: JUNE 15, 1999 ACREAGE ANNEXED: 57.73 ACRES SURVEY, ABSTRACT & COUNTY: JOHN R. TUNNEY SURVEY, ABSTRACT NO.916, IN COLLIN COUNTY, TEXAS, AND BEING 57.73 ACRES OF LAND. MUNICIPAL SERVICES TO THE ACREAGE DESCRIBED ABOVE SHALL BE FURNISHED BY OR ON BEHALF OF THE CITY OF PROSPER, TEXAS, AT THE FOLLOWING LEVELS AND IN ACCORDACNE 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, WILL BE PROVIDED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE INTHIS 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 TWO AND ONE-HALF (2 ''/z) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, 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 PERSONNEL AND THE PRESENT EQUIPMENT OF THE FIRE DEPARTMENT, WITHIN THE LIMITS 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 MAXIMUM LEVEL OF POLICE SERVICES CONSISTENT WITH THE CHARACTERISTICS OF TOPOGRAPHY, LAND UTILIZATION, AND POPULATION DENSITY WITHIN THE AREA AS DETERMINED ORDINANCE 99-26 BY THE CITY COUNCIL WITHIN TWO AND ONE-HALF (2 ''/z) YEARS FROM THE DATE OF DEVELOPMENT WITHIN THE AREA, WHICHEVER OCCURS LATER 3. UPON ULTIMATE DEVELOPMENT OF THE AREA, THE SAME LEVEL OF FIRE AN EMERGENCY AMBULANCE SERVICES WILL BE PROVIDED TO THIS AREA AS ARE FURNISHED THROUGHOUT THE CITY. C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. ENFORCEMENT OF THE CITY'S ENVIRONMENTAL HEALTH ORDINANCE AND REGULATIONS, INCLUDED 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 REGULATION VIOLATIONS WITHIN THIS AREA WILL BE ANSWERED AND INVESTIGATED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 2. INSPECTION SERVICES, INCLUDING THE REVEIW OF BUILDING PLANS, THE ISSUANCE OR PERMITS AND THE INSPECTION OF ALL BUILDINGS, PLUMBING, MECHANICAL, AND ELECTRICAL WORK TO ENSURE COMPLIANCE WITH CITY CODES AND ORDINANCES WILL BE PROVIDED WITHIN 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 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. 4. ALL INSPECTION SERVICES FURNISHED BY THE CITY OF PROSPER, BUT NOT MENTIONED ABOVE, WILL BE PROVIDED TO THIS AREA BEGINNING WITHIN 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. 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 PLANNING WILL THEREAFTER ENCOMPASS THIS PROPERTY, AND IT SHALL BE ENTITLED TO CONSIDERATION FOR ZONING IN ACCORDANCE WITH THE CITY'S COMPREHENSIVE PLAN. ORDINANCE NO.99-26 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. 3. 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. 4. EXISTING PARKS, PLAYGROUNDS, AND OTHER RECREATIONAL FACILITIES WITHIN THIS PROPERTY SHALL, UPON DEDICATION TO AND ACCEPTANCE BY THE CITY, BE MAINTAINED AND OPERATED BY THE CITY OF PROSPER, BUT NOT OTHERWISE. F. SOLID WASTE COLLECTION SOLID WASTE COLLECTION SHALL BE PROVIDED TO THE PROPERTY IN ACCORDANCE WITH EXISTING CITY POLICIES, BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINACNE. RESIDENTS OF THIS PROEPRTY 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 SERVICE 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 OF PROSPER, 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 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE. G. STREETS 1. THE CITY OF PROSPER'S EXISTING POLICIES WITH REGARD TO STREET MAINTENENCE, APPLICABLE THROUGHOUT THE ENTIRE CITY, SHALL APPLY TO THIS PROPERTY BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF On ORDINANCE NO.99-26 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 COMPLETION, AND MAINTENENCE AFTER COMPLETION, SHALL APPLY. 3. THE SAME LEVEL OF MAINTENENCE 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 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. AS DEVELOPMENT AND CONSTRUCTION COMMENCE IN THIS PROEPRTY, 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 AND ONE-HALF (2'/2) YEARS FROM THE DATE OF ADOPTION OF THE ANNEXATION ORDINANCE, OR UPON COMMENCEMENT OF DEVELOPMENT OF A SUBDMSION WITHIN THIS PROPERTY, WHICHEVER OCCURS LATER 3. WATER MAINS INSTALLED OR IMPROVED TO CITY STANDARDS WHICH ARE WITHIN THE ANNEXED AREA AND ARE WITHIN DEDICATED EASEMENTS SHALL BE MAINTAINED BY THE CITY OF PROSEPR BEGINNING WITHIN 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. MISCELLANEOUS ORDINANCE NO.99-26 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 EFFECTIVE DATE OF THE ANNEXATION ORDINANCE, WHICHEVER OCCURS LATER. 2. GENERAL MUNICIPLE ADMINISTRATION AND ADMINISTRATIVE SERVICES TO THE CITY SHALL BE AVAILABLE TO THE ANNEXED AREA BEGINNING WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ANNEXATION ORDINANCE.