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98-04 O - Annexation of 191.305 acres, George Horn Survey, Abstract No. 412 '.., i 5 I l ® 7 �. - 0,040078 CITY OF PROSPER, TEXAS ORDINANCE NO. 98-04 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF PROSPER, TEXAS, AND EXTENDING THE BOUNDARY LIIVIITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN THE CITY LIMITS, AND GRANTING TO SAID TERRITORY AND TO ALL FUTURE INHABITANTS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVELAGES 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 PROPOSED TO BE ANNEXED; WHEREAS, SAID PETITION WAS PRESENTED TO THE GOVERNING BODY AND APPROVED 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 THAN ONE-HALF(1/2)MILES 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,M-1'ER 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 INTO THE CITY,AND THE BOUNDARY LIMITS TO THE CITY AND 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 PRIVELAGES OF OTHER.CITIZENS OF THE CITY AND SHALL BE BOUND BY THE ACTS AND ORDINANCES OF SAID CITY. BEING PART OF GEORGE HORN SURVEY,ABSTRACT NO.412 AND W.T.HORN SURVEY, ABSTRACT NO.419 IN COLLIN COUNTY,TEXAS AND BEING 191.305 ACRES OF LAND LOCATED EAST OF HIGHWAY 289 ON FM ROAD NO. 1461. . .• , • • , • . • • • •• • - • • •• • . . . . , _ • • • . , • . . •• • .• •.• _• — • . . . • . . , • • . . .„.. . • . • •• , • . • • • . "• ,• •- • . • .‘ ; • • . • , , .. • . • . • . .• . , ,.. • . • • • • : • • , • • . .• . , • , s. , • , • • .„..• .•'-.••••‘ • . • ' • •• • • • • . :; • •.• • . , . , . . , • . .„ , . "•• " • • • • • • • • • • , ..• „, • . . . , . • • • • • • , . -„, • • • . . • .• „ • • • . . . . • • • . • . . • . • • , : • • :.. •• , • . .. . . . •. • . . • . • . • . " • . . . ..• . • • • • • , . • . . . . . • • .. . - , 4151 1708 SECTION 2: THAT THE MUNICIPLE SERVICE PLAN FOR THE HEREIN ANNEXED TERRTTORY PROVIDED FOR IN EXHIBIT"A"ATTACHED HERETO IS HEREBY ADOPTED. SECTION 3: THAT THE CITY SECRETARY IS HEREBY DIRECTED TO FILE WITH THE COUNTY CLERK AND OTHER APPROPRIATE OFFICIALS AND AGENCIES,AS REQUIRED BY STATE AND FEDERAL 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 14TH DAY OF APRIL, 1998. APPRO . ( : e ATTEST: • C SEC RE, Y • • • •.• • ' . . • • . , . • • „ • .• " ••. . . , • . . . . . . . . . . . . , . -• ., . •' • • , • •••-• . • • • . . . . • • • . . :•• , . • • . • "•• .• ; r• • . • .•• ' • r . . • •. • , . r • - • 14151 1709 CITY OF PROSPER,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO. 98-04 DATE OF ANNEXATION ORDINANCE: APRIL 14, 1998 ACREAGE ANNEXED: 191.305 ACRES SURVEY,ABSTRACT&COUNTY: GEORGE HORN SURVEY,ABSTRACT NO.412 AND W.T. HORN SURVEY,NO.419 IN COLLIN COUNTY,TEXAS,AND BEING 191.305 ACRES OF LAND LOCATED EAST OF HIGHWAY 289 ON FM ROAD NO. 1461. 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'Y2)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 • . 1. .. ,. . , _ _ .. 4151 1710 • ORDINANCE 98-04 BY THE CITY COUNCIL WITHIN TWO AND ONE-HALF(2%)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. , . . . . .. . . . . _ .. .. . . . . . . . . .. . . . . . . .. . . . . ... .. . .. . . . . . . . . . . . . . , ... '..• .... , •._ „. . . .. . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . :,- . . -..... . . . . _ ... . . . . • • . . . . . . . _ . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . .. . . . . . . ... . • ,. . .. . .. .. . .. . . ... ... . . . . . . . . . . . . - . . . . . . . . .. . .. . . .. ... ,.,„ . . .. . . . . .. . . . ,.. . , ,' ..."-. . , . . . . . . . . . . , . . . . . .. . . . . . . . . . . ._ . . . .. .. . . . ... . . . . . . . . . ... . . ... .... .-... . . . . . . . . . .. . . .. . . • .. -.- . .. . . . . . . . . . _. :...: . .. - ... . . . . . - •„ .•• .. • ..: . . . . . . . . . . . _ .. . . . ..... .-.. .... . . . . . . . . . . . . .. . . . . . ., . .. .• . .„ .. . . . . .. . . . . . . , . ..'. . ... . . . . _ . . . _ . . . . . . . . .. . . . . . . .. . . . . , _. . . . ., . . . . . . . . . .. . ..- - . _ . . . . ... . . . .. . . .. . . . . ,. . . . . . .. . . . . .. . .-. • . . .. .. . .. . . . . . .. . , . . .. . . . . ... . _. . . . . .. . . .. --, . . - . _ . . . • ... . . . . . . . . . . . . ., ,.. ..... .. . . .. . . . . . . . . . •,. . - . ..'. .. . . , .. . . . . .. . . . . . ... .. . . . . . . . - - .. .... .. .-• . . . . . . . ..-. . . . . . . . . . . _ . . . . . . . . . .,. ... . . .. . . . . . .. . . . . -, .. . .... . . . . . . . . .. . . . .. . . . .- . .. . - .• -_ .. _. . . . . .. . . .... ... .. . . ..,. . . . . .. . . .• ... ._ . • -.. .. ..• . . . . .. . ... .. . .,. ..,• . . ..,. .. . . .. . ..... .. . .... . . .. „ • • . - . . - - - - . . . . ,, ., .. . ,• .. . . . . . . • . .. „ ,. .. . , ... ...• . • .... -. .. . .. ,_ . •:..- .... . . ... ,. „ , ;. . .,, .. . - . . . . ... _., -- . , . . .: .... ,..:. ... . . . , . .. .. . .. ._ .. . . . ...... .... . . . .. .. . . . ,.. . . • . . .• - ,. . _. ...._ .. • .. - ... ., ..„. . . . . . . . • ._ „„ .. . .. ... .,. .., . . . .. . . . . . . . . . .. . . . . . . . .. . . . . --- " . . . . . . . . . .. _ . . . . . . . ., . • . . _ • . .. . . .• __ • ... , . . ...• . . . , . . . . . . . . ' . •...• :.. .. . . .. _._ . ... . -- .... ,. .. .-. -- - . .. - .,. . ,. . ._ . .. . . . . . . . • . •• .... . . . . . . . - -... .. . . . . . . . . . .. . . - . . . . . .. . . -. ..... • . . . -.• ' . . _• . . . . •- .. . . -. . . . . ., . . - ... - . .. • .. . . . . .. . . _ . . . . . . . . . . . . . . . .. . .. . . . . .. . . . . . .. . . . . . . . .. _ . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . .. . . ... .. • •. . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . ,.. .... ...... . . . .. . . . ... -. . . . . . . . . ._ . . _ . . . . . . . . . .. . . . . . • . ..• ... ., •. .. •• . .. . . . -. . . .. . . . . .,. . . . .. . .. . .. .• . . . -:. - ... . . . .. . . . .. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . - .. ._. _,.. . . .. ... . . . . . . . . . . . . ..• .. . . . . . . . ... . . . .. . . . . . ... ' ....:. . .. . . . . .. . . . . . . . . .. . .. • . . . . . . . . . . . . . . . .. . • .. . , . . . . . . . . _ . . . .. . . . . . _ . • 1 . . . . 14151 1711 ORDINANCE NO. 98-04 E. PARK AND RECREATION SERVICES 1. RESIDENTS OF THIS PROPERTY MAY UTILIZE ALL EXISTING PARK AND RECREATIONAL SERVICES,FACILITIES,AND SITS 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 1. 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 11151 1712 ORDINANCE NO. 98-04 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. 2. 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'A)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 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 1I• 5I 1713 ORDINANCE NO. 98-04 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, AFTER FIUN3, REIURN '10: CI'IY OF H{bPER P.O. EDX 307 PROSPER, TEAS 75078 AMY PROVISION HEREIN WHICH RESTRICTS THE SALE.RENTAE.OR USE MBE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW �UMy COLUtt) (Thu STATE OF TEXAS) (I>arobygrUfytlaLthlslnstmmentwasFIIEDInthe ieNumberSequence on the data and the toa stamped hereon by nte;and was direly on the Otiotil Pultflo Retrort%of Reel Property of Coffin County,Tens on APR 2 4' 1998 • EaLLINf OUhTYnrTXin HONORABLE HELEN STARNES On 1998/04/24 At 11:48A Number: 98- 0040078 Type ° OR 21.00 w s..lahl-21-98 03 :46 PM CITY. OF. PROSPER 214 347 2111 P. 02 • ANNEXATION PETITION • TO TI IF. MAYOR AND GOVERNING 1300Y OI TI IE CITY OF 22.TFXAS: The undersigned owner(s) of the hereinafter described tract of land, which is vacant and without residents, or on which less than threes (3) qualified volcrs reside, hereby petition your honorable bud to extend the present city limits so as to inelude as a part of the City of , Texas, the following described territory, to wit: • I/We certify that the above described tract of land is contiguous to the City of , Texas, is not more than one-half(1/2) mile in width and that this petition is signed and duly acknowledged by each and every person or corporation having an interest in said land. B( ' Vat,Jwcod ra-riwyp )C31244- ( caner' a 1 THE ST.ATT.OF TEXAS COUNTY OF Before me,the undersigned authority,on this day personally appeared TO isy rl AGG A R 7) known to me to be the person whose mane is subscribed to the foregoing instrument and acknowledged to me that he or 3kC executed the same for purposes and consideration therein expressed. Given under my hand and seal of office, this ip-14-1 day of FEB R UA R'/ 19 9 g, Notary Pu is in and for the State of Texas My commission expires; ,T 111111WINIAAMINNOS __. a, . Conant Expi 01--2 Owner's Signature C. THE STATE OF TEXAS COUNTY OF Before me,the undersigned authority,on this day personally appeared known to env to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he or she executed the same for purpcscc and consideration therein expressed. Given under my hand and seal of office, this_ day of_ 19 (SEAL) Notary Public in and for the Seine of Texas_ My commission expires:, Governmental Service Agency, Inc. 2-6 Annexation Procedurci hfanual 1041 try/1. 1:1 14:d'L 'i('L L1(d.iclk 5 1 tVt KUbtK l 5 i3LVK5 F'A(at tl:� -. ...^02/09/199® 10:02 9724224 .__ HAGGARD PROPERTIES---, PAGE 0�` ANNEXATION PETITiON TO"rim.MAYOR A D C VCRN1h4 TIOQY . Ot'T11L CITY Or 32�TPXAS; The undersigned owr►er(s)of the hereinafter described trael of land. which iy vacant and without residents._ter on which less thar1 threes (3)i uatified votvrb rc>ridt. hc:Cby pt it:,,tn your 110119Zablc; txx to extend the present city limits s0 as to include as a part of the City of ... ,Texas,the following tksctibcd tcrritvry,to wit: 1/1Ve Cvttily that the ab,Vn described tract of land is contiguous to the City or, 1Z Texas, is not more than eons-half(1/2) mile in width and that this petition is signed and duly acknowledged by each turd every person or corporation having ;In interest in sate! land. 4 t never t C-4 i OV lh,w.Iwt.s went . .,,,.c, 1 \ ,. ,44 THI.s-rA t7 CA'TL•cAS _ COUNTY tour,, . , ll.1nr tor,the unacr:ift'ti t authunty,on this dory pereoUfy;moutcd- -rQ ey .R known to tre to In tin;parson whose Nana h sub:Ctibed to the;rtlttt,oitti bistnifeol and auknowledgett w mu mutt he of she cucuted the saute ftit purples and COttxiekrattitIn therein expressed.Given undar toy hand and teal rat()trig!,this_ .-- ow,ur FE 8_ley,.ix7( 194$. (st;al.j Notary ru ie in Stan:or'rrxai - _ My Conutii$31oa sapito; 111071011111611411 li � I4t►IVItecks010M1 nRfiv Al 'rift:STATE OF 15ittltt i�l COUNTY Or M &gore Inc,the undersignedawlwtity,en this;day perstonally wowed 5� ,(�,�. Lobed known to 1 m to be owe tenon whq�te name Is subscribed us the ruresuliv tta meet turd acknowledged tc MC That he or Ow cao:urod the grid!a pyrponm mosiderna thetitio cttprased. Vivan unacr my hand and veal Vr attire.Ihir day of - , 9 , (SGaL). _ - • Davy b►ie in and for a to r • ,- My eon*miYstpti et4pirtts: j _7= 4) erArrisTodiral Scrviw-v Agency, hte, Z-li Arr,u i yn'Mateo Manual CITY OF PROSPER , TEXAS NOTICE OF PUBLIC HEARINGS ON ANNEXATION Notice is hereby given that public hearings will be held by the Governing Body of the City of PROSPER ,Texas in the city hall at 7 : 00 p.m. on MARCH 10, , 19 9 8, and at 7 : 0 0 p.m. on MARCH 17 , 19 9 8 , for the purpose of considering annexation into the city limits of the following described property: GBD13E ITV SURVEY, AE 3IRAGT NJ 412 AND W.T. H)RN SURVEY, AESTRAC.T NJ 419 IN CJJr r rnr aakirY, TEXAS Ai\ID BEIINO 191.305 ACRES-,OF LAND UxATED EAST OF SiD 289 CN FM NJ. 1461. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. City ecret City of PROSPER Governmental Service Agency, Inc. 2-11 Annexation Procedures Manual -- PUBLISHER'S AFFIDAVIT THE STATE OF TEXAS COUNTY OF COLLIN Before me,the undersigned authority, on this day personally appeared Jim Roberston who being by me duly sworn, deposes and says that he is the Publisher of The McKinney Courier-Gazette and that said newspaper meets the requirements of Section 2051.044 of the Texas Government Code,to wit: (CLIPPING) (S) 1. It devotes not less than twenty-five percent(25%) of its6,,`es_) total column lineage to general interest items; L� ) ' 2. it is published at Ieast once each week; • 3. it is entered as second-class postal matter in the county _ _ _ • where it is published; 4. it has been published regularly and continuously since 1897; and 5. it is generally circulated within Collin County. Publisher further deposes and says that the attached notice was published in said newspaper on the following date(s) to wit: • , A.D. 1998 (.1 Jim Editor and Publisher SUBSCRIBED AND SWORN BEFORE ME by Jim Robertson,who a) is•personally.•known to me, or b)provided the following evidence to establish his/her identity, • on this.thea7; , day of ,A.D. 1998, to certify which witness my hand and seal 6if office. Notary Public, State of Texas FIRST PUBLIC HEARING-ANNEXATION OF AMBERWOOD FARMS TUESDAY MARCH 10, 1998 CITY HALL-109 SOUTH MAIN STREET 7:00 P.M. THOSE PRESENT: MAYOR COFFMAN,COUNCILMEMBERS;RALPH BOYER,JIM DUNMIRE,LARRY TRACEY,JANET PHILLIPS AND GRADY SMOTHERMON. CALL TO ORDER: MAYOR COFFMAN CALLED THE MEETING TO ORDER. THE CITY HELD THE FIRST OF TWO PUBLIC HEARING ON THE ANNEXATION OF AMBERWOOD FARMS SUBDIVISION. THE MAYOR OPENED THE FLOOR TO COMMENTS OR QUESTIONS FROM THE AUDIENCE. THERE WERE NONE. ADJOURNMENT: MOTION BY JIM DUNMIRE AND SECONDED BY LARRY TRACEY TO CLOSE THE PUBLIC HEARING. MOTION CARRIED. MAYOR CITY SECRETARY PUBLIC HEARING-ANNEXATION, AMBERWOOD FARMS TUESDAY MARCH 17, 1998 CITY HALL- 109 SOUTH MAIN STREET 7:00 P.M. THOSE PRESENT: MAYOR COFFMAN,LARRY TRACEY, GRADY SMOTHERMON,JIM DUNMIRE,RALPH BOYER AND JANET PHILLIPS CALL TO ORDER: MAYOR COFFMAN CALLED THE MEETING TO ORDER THE SECOND PUBLIC HEARING WAS HELD ON THE ANNEXATION OF AMBERWOOD FARMS SUBDIVISION. THERE WAS NO ONE IN ATTENDANCE FOR THE MEETING TO OBJECT, THEREFORE,THE MAYOR ENDED THE PUBLIC HEARING AT 7:05 P.M. ADJOURN: MOTION BY RALPH BOYER AND SECONDED BY LARRY TRACEY TO ADJOURN THE PUBLIC HEARING. MOTION CARRIED. MAYOR • CITY SECRETARY Town of Prosper P.O. BOX 307 Prosper, Texas 75078 (972)347-2304 METRO (972)346-2640 FAX(972)347-2111 AMBERWOOD FARMS ANNEXATION CALENDAR PUBLICATION IN PAPER FEBRUARY 20,1998 FIRST PUBLIC HEARING MARCH 10,1998 SECOND PUBLIC HEARING MARCH 17, 1998 ADOPTION OF ORDINANCE APRIL 14, 1998 PUBLISH ORDINANCE CAPTION RECORD ORDINANCE LEGAL GEORGE HORN SURVEY,ABSTRACT NO.412 AND W.T.HORN SURVEY,ABSTRACT NO. 419 IN COLLIN COUNTY,TEXAS AND BEING 191.305 ACRES OF LAND LOCATED EAST OF STATE HIGHWAY 289 ON FM ROAD NO. 1461 • MORRIS ENGINEERS - • October 22, 1999 Honorable Stephen Coffman Mayor, City of Prosper P. O. Box 307 Prosper, Texas 75078-0307 RE: Amberwood Farms Dear Steve: Amberwood Farms, Phase I, should have been constructed with a drainage ditch to receive storm run-off from Collin Green. The plats and the engineering construction drawings provided for such a drainage to be built. The drainage ditches in either of the sub-divisions or between the two may need to be cleaned out to provide the drainage that Collin Green needs. Sincerely, Timothy L. Morris, P.E. TLM/jc xc: file P.O. Box 606 5700 Highway 1417 NW Sherman, Texas 75090 903 - 786 -6021 .' r� ` �` -'/ ` � � ' _ --_' _-. __ _ - __ _ - __ ' '--_ __- - � � _ __ _ _ ____ � � � Town of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 APRIL 22, 1998 HOLLY RORSCHACH AREA MANAGER, EXTERNAL AFFAIRS 2200 N. GREENVILLE, ROOM 2E RICHARDSON, TX 75082 REF: ANNEXATION OF 191.305 ACRES INTO THE CITY OF PROSPER, TEXAS DEAR HOLLY, ENCLOSED PLEASE FIND A COPY OF ANNEXATION ORDINANCE NO. 98-04 ANNEXING 191.305 ACRES INTO THECITY LIMITS OF PROSPER, TEXAS. ALSO, I HAVE ENCLOSED A MAP SHOWING THE AREA. IF YOU NEED FURTHER INFORMATION SO THIS AREA CAN BE ADDED TO THE CITY'S FRANCHISE TERRITORY, PLEASE ADVISE. SINCERELY, a=c4- -›J SHIRLEY JACKS9 ,CITY-SECRETARY Town of Prosper P.O. BOX 307 Prosper, Texas 75078 METRO(972) 346-2640 FAX(972)347-2111 (972)347-2304 APRIL 22, 1998 DENTON COUNTY ELECTRIC COOP. 3501 FM 2181 CORINTH, TX 76205 ATTN: JANET KNIGHT REF: ANNEXATION OF 191.305 ACRES INTO THE CITY OF PROSPER, TEXAS. DEAR JANET, ENCLOSED IS A COPY OF ANNEXATION ORDINANCE NO. 98-04 ANNEXING 191.305 ACRES INTO THE CITY OF PROSPER, TEXAS. I HAVE ALSO ENCLOSED A MAP OF THE AREA. IF MORE INFORMATION IS NEEDED TO ADD THIS LAND TO THE FRANCHISE AREA OF OUR CITY PLEASE FEEL FREE TO CONTACT ME. SINCERELY, • SHIRLEY JACKSON, . TY SECRETARY Town of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 APRIL 22, 1998 FRIENDSHIP CABLE T.V. 3 815 PIONEER ROAD BALCH SPRINGS, TEXAS 75180 ATTN: RODNEY, FLETCHER, AREA MGR. REF: ANNEXATION OF 191.305 ACRES INTO THE CITY OF PROSPER, TEXAS PLEASE FIND ATTACHED A COPY OF ANNEXATION ORDINANCE NO. 98-04 ANNEXING 191.305 ACRES INTO THE CITY OF PROSPER, TEXAS. ALSO I HAVE ENCLOSED A MAP OF THE AREA. THIS ANNEXATION WILL BE SINGLE FAMILY HOMES, AND WILL NEED TO BE ADDED TO THE FRANCHISE TERRITORY OF PROSPER, TEXAS. IF YOU NEED FURTHER INFORMATION TO ADD THIS AREA, PLEASE FEEL FREE TO CONTACT ME. SINCERELY, C-XV-Oh, -) t'',k/,36 -t--) SHIRLEY JACKSON, Y'SECRETARY Town of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 APRIL 22, 1998 JOHN WEINBERG TU ELECTRIC P.O. BOX 490 FRISCO, TX 75034 REF: ANNEXATION OF 191.305 ACRES INTO THE CITY OF PROSPER, TEXAS. DEAR JOHN, ENCLOSED IS A COPY OF ANNEXATION ORDINANCE NO. 98-04 ANNEXING 191.305 ACRES INTO THE CITY OF PROSPER, TEXAS. I HAVE ALSO ENCLOSED A MAP OF THE AREA. IF MORE INFORMATION IS NEEDED TO ADD THIS LAND TO THE FRANCHISE AREA OF OUR CITY PLEASE FEEL FREE TO CONTACT ME. SINCERELY, CA:U,16(1) SHIRLEY JACKSOY4,CITY ECRETARY Town of Prosper P.O. BOX 307 Prosper, Texas 75078 (972)347-2304 METRO(972)346-2640 FAX(972)347-2111 APRIL 22, 1998 BURLINGTON-NORTHERN RAILROAD 2680 CONTINENTAL PLACE - 777 MAIN FORT WORTH, TEXAS 76102 C/O DURWOOD COCHRUM, PROPERTY MANAGER DEAR MR. COCHRUM: THE CITY OF PROSPER, TEXAS IS NOTIFYING BURLINGTON-NORTHERN RAILROAD OF AN ANNEXATION BY NOTICE OF THE PUBLIC HEARING BECAUSE YOUR RAILROAD SERVES OUR CITY AND IS ON THE TAX ROLL. THIS LAND IS BORDERED BY BURLINGTON-NORTHERN RAILROAD. THE LEGAL DESCRIPTION OF LAND IS: BEING PART OF GEORGE HORN SURVEY, ABSTRACT NO. 419 AND W.T. HORN SURVEY, ABSTRACT NO. 419 IN COLLIN COUNTY, TEXAS AND BEING 191.305 ACRES OF LAND LOCATED EAST OF HIGHWAY 289 ON FM 1461. IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT ME AT THE ABOVE NUMBER. SINCERELY, CA<-% SHIRLEY JACKSON, CITY SECRETARY 041%E C0tt o COMPTROLLER OF PUBLIC ACCOUNTS r STATE OF TEXAS wo �� AUSTIN, 78774 *?EXAs* April 28, 1998 Ms. Shirley Jackson City Secretary City of Prosper Post Office Box 297 Prosper,Texas 7507.8-0297 Dear Ms. Jackson: We have received annexation ordinance no. 98-04 and the map indicating the property to be annexed into the City of Prosper. The local sales and use tax will become effective July 1, 1998 in the area indicated on the map. Your stated in our phone conversation today that no businesses were annexed with this ordinance. You also verified that the following utility companies service this annexed area: Denton County Electric Cooperative Enserch Corporation(Lone Star Gas) Friendship Cable of Texas, Inc. If any of this information is incorrect or you have any questions,please contact me right away. You can call me toll free at 1-800-531-5441, extension 34443; or call me direct at 512/463-4443. Sincerely, f;4044 Karen J. owler Revenue Accounting Division Tax Allocation Section 1 Town of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 APRIL 22, 1998 SALES TAX DIVISION COMPTROLLER OF PUBLIC ACCOUNTS LYNDON B. JOHNSON STATE OFFICE BUILDING AUSTIN, TX 78774 REF: ANNEXATION OF 191.305 ACRES INTO THE CITY OF PROSEPR, TEXAS. PLEASE FIND ATTACHED A COPY OF ORDINANCE NO. 98-04 ANNEXING NEW LAND INTO THE CITY LIMITS OF PROSPER, TEXAS. I HAVE ENCLOSED A MAP OF THE CITY SHOWING THE ANNEXED AREA IN GREEN. IF MORE INFORMATION IS NEEDED, PLEASE FEEL FREE TO CONTACT ME AT THE ABOVE ADDRESS OR TELEPHONE NUMBER. . SHIRLEY JACKSON,CITY-SECRETARY d SENDER: a •Complete items 1 and/or 2 for additional services. I also wish to receive the Ft ■Complete items 3,4a,and 4b. . following services(for an H ■Print your name and address on the reverse of this form so that we can return this extra fee): -grd to you. Qi o >• ach this form to the front of the mailpiece,or on the back if space does not 1. ❑ Addressee's Address rmit. w ■wnte°Return Receipt Requested°on the mailpiece below the article number. 2. ❑ Restricted Delivery N ■The Return Receipt will show to whom the article was delivered and the date e, c delivered. Consult postmaster for fee. .9 a 3.Article Addressed to: 4a.Article Number e° a tempt 0//er' 01 R hl i C 1=. oL.'n,; P 5L6 I (O 1 �( )Lcc o SC ) ! r )D/ 01)16 ? 4b.Service Type o o I^n �� /3'/C/,_ . 0 Registered ❑p%certified CC w 1 l3 nokin Cam. jO G' / 0 Express Mail ,( r f ❑ Insured .E o Y '�7 FS ` /s�� 0 Return Receipt for Merchandise ❑ COD ` 0 a 1 Nei 7.Date of Delivery cc 0 T . Received fA�rir f ll(�am� 8.Addressee's Address(Only if requested W t �U and fee is paid) g 6.Signature:(AddfesseggFiAgept) • PS form 3811„December 1994 Domestic Return Receipt Town of Prosper P.O. BOX 307 Prosper, Texas 75078 (972)347-2304 METRO(972)346-2640 FAX(972)347-2111 APRIL 22, 1998 OFFICE OF THE SECRETARY OF STATE STATUTORY DOCUMENTS DIVISION PO BOX 12887 AUSTIN, TX 78711 REF: ANNEXATION OF AMBERWOOD FARMS TO THE CITY OF PROSPER, TEXAS. ENCLOSED IS A COPY OF THE ANNEXATION ORDINANCE#98-04 ANNEXING AMBERWOOD FAMS INTO THE CITY LIMITS OF THE CITY OF PROSPER, TEXAS. ALSO ENCLOSED, PLEASE FIND A MAP SHOWING THE MUNICIPLE BOUNDARY CHANGES. IF MORE INFORMATION IS NEEDED, PLEASE FEEL FREE TO CONTACT ME AT THE ABOVE ADDRESS AND TELEPHONE NUMBER. - iala/Th 16Z-Vf)() SHIRLEY JACKSO ;,1 CITY SECRETARY '; SENDER: , O •Complete items 1 and/or 2 for additional services. I also wish to receive the H ■Complete items 3,4a,and 4b. Ialso to services er he d •Print your name and address on the reverse of this form so that we can return this followingextrang): card to you. > Attach this form to the front of the mailpiece,or on the back if space does not _a F2 permit. 1. ❑ Addressee's Address d ■Write°Retum Receipt Requested on the mailpiece below the article number. y ■The Return Receipt will show to whom the article was delivered and the date 2. ❑ Restricted Delivery y • delivered. o Consult postmaster for fee. a 3.Article Addressed to: .1" 4a.Article Number _ V o 5-g - 0 1 G 4b.Service Type .5t-at wtOril ) s ig 0 Registered Certified °C wCc -&2r � tae Rd ❑ Express Mail 0Insured J ❑ Return Receipt for Merchandise 0 COD 3 o a %"��1 ` � �2�21995 7.Date of Delivery o` z m H5.Received By: Prin .� " T W y ( 8.Addressee's Address(Only if requ� '-+ c CCand fee is paid) r g 6.Signature: (Addressee or Agent) I— >°, X iy 1 SS Fe,rrn138,l b IDedember 199.4W Hi i Domestic Return Receipt Town of Prosper P.O. BOX 297 Prosper, Texas 75078 972/347-2304 APRIL 22, 1998 U.S.DEPARTMENT OF JUSTICE, VOTING SECTION CIVIL RIGHTS DIVISION P.O. BOX 66128 WASHINGTON, D.C. 20035-6128 REF: ANNEXATION OF 191.305 ACRES INTO THE CITY OF PROSPER,TEXAS. MY NAME IS SHIRLEY JACKSON, CITY SECRETARY. I AM SUBMITTING THE INFORMATION TO YOU ON BEHALF OF THE CITY OF PROSPER,TEXAS - 109 SOUTH MAIN STREET, PROSPER,TEXAS 75078. THE 191.305 ACRES OF LAND WAS ANNEXED INTO THE CITY OF PROSPER,TEXAS AS OF APRIL 14TH, 1998 AND THE OWNER OF THE LAND WILL HAVE THE SAME VOTING RIGHTS AS ALL OTHER CITIZENS IN THE CITY. THE LAND HAS NO IMPROVEMENTS AT THIS TIME BUT WILL NOT ABRIDGE THE VOTING RIGHTS OF ANYONE. A COPY OF ORDINANCE NUMBER 98-04 ANNEXING THE PROPERTY IS ENCLOSED FOR YOUR INSPECTION. THE CITY COUNCIL OF THE CITY OF PROSPER, TEXAS,AFTER CAREFUL CONSIDERATION, ANNEXED THE LAND TO INCREASE THE CITY'S TAX BASE PLUS THE OWNER NEEDED THE FACILITIES OF THE CITY, INCLUDING: FIRE, POLICE PROTECTION, WATER, GARBAGE, AND OTHER CITY SERVICES. THE CITY OFFICIALS ARE A MAYOR AND FIVE COUNCILMEMBERS ELECTED AT LARGE FOR TWO(2)YEAR TERMS. • THE POPULATION OF T1 SENDER: PER NORTH CENTRAL 1 v .Complete items 1 and/or 2 for additional services. I also wish to receive the UNINHIBITED AT THIS" '" Complete items 3,4a,and 4b. _ following services(for an HOMES ON IT. ) ■Print your name and address on the reverse of this form so that we can return this extra fee): • card to you. y > ch this form to the front of the mailpiece,or on the back if space does not• • tit. 1. ❑ Addressee's Address °Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery W r •The Return Receipt will show to whom the article was delivered and the date i c delivered. Consult postmaster for fee. °i 3.Article Addressed to: 4a.Article Number J m SHI EY JAC ON, Tr) ',t �. :/L O or ` i—Or7(-? �� b 6) ( O� O()`� c D. E 11. �' fy S Q)"`� 4b.Service Type r° l�:�, (/��'((� I �'I S/ Cr ❑ Registered Certified rn ,1 5 r, „l„�� ❑ Express Mail 0 Insured c o �� ❑ Return Receipt for Merchandise COD rI. —011, D. (2 . I6 3S' e,ia�' Z 4 I f 7.Date of8 ve .(}' >.cc 5. By: (Print Na 8.Addressee's Ad ress(Onl if requested c and fee is paid) F- 63Tgnature: (Addresse or Agent) a X u,. . • PS;Form 3811; Decemberiiss4: Domestic Return Receipt U.S. Department of Justice Civil Rights Division Voting Section EJ:VLO:DDC: jng P.O. Box 66128 DJ 16 6-012-3 Washington,DC 20035-6128 98-1614 June 22, 1998 Ms . Shirley Jackson City Secretary P.O. Box 297 Prosper, Texas 75078 Dear Ms . Jackson: This refers to the annexation (Ordinance No. 98-04) to the City of Prosper in Collin County, Texas, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act, 42 U. S . C. 1973c . We received your submission on April 23 , 1998 . The Attorney General does not interpose any objection to the specified change. However, we note that Section 5 expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of the • change . See the Procedures for the Administration of Section 5 (28 C. F.R. 51 .41) . Sincerely, Li ��— Elizabeth Johnson Chief, Voting Section , MORRIS ENGINEERS • January 7, 1998 • Honorable Stephen Coffman Mayor, City of Prosper` P. O. Box 307 - Prosper, Texas 75078 — _ - -- RE: Amberwood Farms Dear Mayor Coffman: I received a copy of the preliminary plat of Amberwood Farms proposed by Mr. Toby Haggard. , I recommend that approval of this preliminary plat be denied for the following reasons. 1. The property is bounded by Rhea Mills Estates, Collin Green Addition, FM 1461, and Gentle Creek Estates, all of which are in your city limits. Because of these surroundings, it is illogical to me to expect that this property will long remain outside your city limits. I believe the property should be annexed into the city at the time of its development. 2. The proposed streets do not conform to your city standards. If the streets are constructed to county standards and the subdivision otherwise conforms to county standards, it is reasonable to presume that the county will assume maintenance responsibility for the streets. If the subdivision later comes into the city, it is not reasonable to expect that the homeowners will assume responsibility for their street maintenance. I do not believe that assigning street maintenance responsibilities to a homeowners association will protect the City of Prosper from eventually assuming responsibility for maintenance of the streets. Consequently, I believe that the streets should be constructed to the city standards at the time of initial development. 3. ' The developer proposes to secure water service for the project from the Danville Water Supply Corporation. Section 10.6.(1) provides that subdivisions in your corporate limits shall be connected to the city's water distribution system. If the property is annexed - then water must be supplied by the City of Prosper. This section also provides that all subdivisions shall be provided with an approved water system. The City of Prosper's approval of a water system should be based, in part, upon that system's ability to provide adequate water supplies to the subdivision being considered. It is my understanding that P.O. Box 606 5700 Highway 1417 NW Sherman, Texas 75090 903 - 786 - 6021 Honorable Stephen Coffman -January 7, 1998 -Page 2 • the Danville Water Supply Corporation cannot meet the needs of its current customers under conditions of high demands and that it is unable to secure additional water supplies to alleviate the shortages. If these conditions do exist, then it is my view that the City of Prosper cannot approve the Danville Water Supply Corporation as a supplier of water to the subdivision. 4. The preliminary plat does not have a sewage disposal plan. Sincerely Timo y L. Morris, P.E. TLM/jr xc: file Lynn.Meyer, Dowdey, Anderson & Associates, Inc. Toby Haggard; Haggard Properties bc: Shirley Jackson, / MORRIS ENGINEERS *-a MORRIS ENGINEERS • March 23, 2000 • Honorable Stephen Coffman Mayor, City of Prosper P. O. Box 307 Prosper, Texas 75078-0307 RE: Subdivision Water Wells Landscape Sprinkler Systems Dear Steve: I received a telephone call from Mr. Toby Haggard who asked whether I knew of any restrictions on home owners drilling water wells on their lots for landscape watering and other similar uses. I told him I knew of no such restriction and he indicated that he would advise the person who had raised the issue with him. Because of the way state water laws are structured I believe it would be difficult for the city to regulate the water well drilling activities by private individuals on property they own. Your attorney can probably better advise you in this regard. I believe it might be possible, however, for you to require persons who wish to drill such water wells to first secure a building permit so that you can inventory such wells and-prevent activities that might be harmful to your own water systems. Such regulation might only be applicable to areas within your city limits. My primary concern would be the use of water from water wells in lawn sprinkler systems. You must not allow lawn watering systems to be connected to your public water supply system and also be connected to a water well. Requiring a building permit from the home owner will give you an opportunity to assess the use of the water from the well and to determine whether cross connections might result from such use. - In fact it would probably be a good idea to require building permits for all irrigation systems, even those on the aerobic sewage disposal systems. Your building inspector will want to make sure that no lawn sprinkler system that is connected to your water supply system is also connected to any other water source. For houses that have both a lawn sprinkler system P.O. Box 606 5700 Highway 1417 NW Sherman, Texas 75090 903 -786 - 6021 Honorable Stephen Coffman-March 23,2000-Page 2 Iry connected to your water system and a sprinkler system connected to an aerobic sewage disposal system, you should probably require that the two sprinkler systems be separated by at least fifty feet and that the aerobic sprinkler system be downhill from the other system so that the sewage water will flow away from the potable water system. For houses that don't have potable water lawn sprinkler systems, you might want to require the sewage sprinkler system to be at least 75 feet from the house to provide about 25 feet around the house for the installation of a potable water sprinkler system at some later time. Sincerely, 1 � Timothy L. Morris, P.E. TLM/jc xc: Shirley Jackson Mickey Clark file MORRIS ENGINEERS