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98-13 O - Annexation Ordinance - 60.660 acres JR Tunney Survey, Abstract No. 916, 190 157 ii,�,-- C�ro Frs.4 0 % ' / CITY OF PROSPER, TEXAS ORDINANCE NO. 98-13 AN ORDINANCE ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF PROSPER, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAIll 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,AFTER 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 J.R.TUNNEY SURVEY,ABSTRACT NO. 916, COLLIN COUNTY,TEXAS,AND BEING 60.660 ACRES OF LAND,MORE OR LESS. SECTION 2: THAT THE MUNICIPLE SERVICE PLAN FOR THE HEREIN ANNEXED TERRITORY PROVIDED FOR IN EXHIBIT"A" ATTACHED HERETO IS HEREBY ADOPTED. t . LII90 1572 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, ., t.�-v,T ISS, DAY OF JUNE, 1998. s yhH .. °P hI! ?- ' •lei (1 ea-4 ( i '. 0;).,ii / ,' 11t ' 1 4 ••• j„.=— AFTER I KDING RETURN TO: '� S ATTL�'C L 'ICJGN OF PRCEPFR d ', ',,•\,,,.�\\NNI. — 0',4\4 P.O. BMX 307 A, \ ,,st „,t, ,d PROSPER, TEXAS 75078 1" ''` '��C SECRES • . . . — -- „, . . - • • ,,• , • -- • . -.. I . — .WEST I/2 Or A 320•CRE TRACT I . SIDRA SEA DrljLIN I , . I , VOLUME 510 A T FOE '344 1 I . TRACT 2 CC-93-G I CI4 76I'DEED RECORDS GOUT !C;UNT;. TEXAS I S 89'4300.7 E r'1'7' , • .7 5,• MIKE PERT1Y _ __________,. 9989 as.- . . . r , PROSPER.41•81X_Er...-- _2619.24' ' _ • • I D A L II.FP''14 A.VGAS i 3.,34081 E BOX T X GARRISON P57 39 277291 82 87 1 8 8_ -7_7 -- - — — - --, _,........ . 1 - L .-. 1 .... 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COMPRELL 5201 •. - DA'I A S, TY. 7524P. • 1 F5- l'TI :•'. ' It - ; . , C.I 1 . - ;•'"•I"-• - I.^ I. •9' CC-II ' ' 2.4 III . CV- I EXHIBIT"A" • - zi 1 t- :... o i cx • .. •- • •.-. - . I f9 1 :, ;,, fxf,, II1 II: -CII- '.1..(;) . ANNEXATION TRACT FOR"-D I ;I . 4 I—-- I-,,I PROSPER HIGH SCHOOL. v . :, , .„, , , .. I . , 10 ACRE TRACT 1 i . . , . .. ,. JR.Tunney Survey-Abstract-No.976&. . 1 II I : I , , 1 f , x I RE/sPER iNDEPF.N;611N'T SEti;'PI 1,E7.,TRIC• Coffin County School Land Survey Abstract Na 147 .- I 1 i ." (1,1 .1 Iz , .:.,, ,,':, „:,,, ,...., ,...„.,) -,...I ...,,,,) ...,!,,),,,,,i,,,i Ll. 0.k-_-..: `/OLnkF,Til,„.....,:r.--....;.....ri,..r.:.,-,,z,..,..;: -..NN,u.,,,i,ii,._. T2r,sxAis.5., II CITY OF PROSPER COLLIN COUNTY,TEXA; z' . •I I-J. „, 1 i PROSPER INDEPENDENT SCHOOL DISTRICT"''''' . ''.‘ . '.."'''' . ' :..'!''''.' . l'''-'1. I. "".',,, , d P.,,, 6,:,X f(t,GO FAEE 7,E 5 MEET PRL,...,0:4 7IYAS ISO, 7th STREET :I — 7th_STREET i 072) IEG-,55 • .--' • I ,f1 . 1 ••1 4.7 , ' V...4.:'• - • ' —• ' ,,,.,'I I i.,707"-' ,,..i,,,,'1 GLENN ENGINEERING CORP., E 1 1: 1,. 2 2,,22... :• ,,, ! I X1,I INE PE1101111 I.:•0 ;00 DECKER CT,EU,TE 230 I 1O ii. t/I ! • I .-- 1 . . .i I. .. 1 1 ' 1°4 1 . • '' :/ 117 t'; . ., .i; L I:CI= : //t.oc / /...,,, 1 ' • I U SURDUKAN SURVEYING,INC LI2,0 4,20%.,1-ri.TEE,rs,AI tof6 L=— 0,2)62.5-0206 . . 1--Ti5-,AT---7FieI-I-Iiiii--1-Ifi--,,iTE -1 'E,E , ,;•,* I ,71...1--1-7,-if, --,:.-f•-j-- i -.2,,2, 1-.72,•-21 2, -2 -• ,` .,2,2' I . I .. [1;3 g,., 1 ,• 2 2 . -' 100' 2:zi ;I ; ...: .; -I, cl ,:1 ,' ;46;•'; ' ' WEST I 580.80. nc.N. ,i .t. \s,..RECORDD IN 0AfclunE....' .''''-. 1-.-•<,,.f-1-__CID__Id (5) ...., (3)If, fII..) III! (Iiii) (Trf I':.::frf-.). ....1 6:if : .",) 'I.'1 I ;:; (5) :I ;-:, :I0 '', rRED WILLIAMS ; tioishY CONE .. I PAM JAN 23. ,998 JOB No 97-56000 .• ..,4, . I . . . • . . • _ • •—' - ..... • " . _ ' . 4 • _ . . . .• .. . - 14190 1573 CITY OF PROSPER,TEXAS SERVICE PLAN FOR ANNEXED AREA t ANNEXATION ORDINANCE NO. 98-13 DATE OF ANNEXATION ORDINANCE: JUNE 9, 1998 ACREAGE ANNEXED: 60.660 ACRES,MORE OR LESS SURVEY,ABSTRACT&COUNTY: J.R.TUNNEY SURVEY,ABSTRACT 916,COLLIN COUNTY,TEXAS AND BEING 60.660 ACRES OF LAND,MORE OR LESS. 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. r 2. AS DEVELOPMENT AND CONSTRUCTION COMMENCE INTHEIS 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'A)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 . 4I90 I571. . ORDINANCE 98-13 BY THE CITY COUNCIL WITHIN TWO AND ONE-HALF(2 'A)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 FO 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. 14I90 I 5 7 5 ORDINANCE NO. 98-13 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 THIS PROPERTY WILL 3. 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 TH EPROPERTY 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 THE ANNEXATION ORDINANCE. UNLESS A STREET WITHIN THIS PROPERTY HAS BEEN CONSTRUCTED OR IS IMPROVED TO THE CITY'S STANDARDS AND . 4190 1576 ORDINANCE NO. 98-13 2. SPECIFICATIONS,THAT STREET WILL NOT BE MAINTAINED BY THE CITY OF PROSPER 3. 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. 4. 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. 5. 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 %z)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 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 I •90 1577 ORDINANCE NO. 98-13 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 RBIEDING, REICE Ib CITY OF PROSPER P.O. BCX 307 PROSPER, TEAS 75078 IS • tI90 I 5 7 PIO • PITY PRCVISIDH HS'N WHICH RESTRICTS DIE SALE RENTAL,ON USE OF DIE C SCR,eED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVAUD AND U`tENFORCEACiLE UNDER FEDERAL LAW (THE STATE OP TEXAS) (COUPRY OP COUdN) e heWe dote nny 00 berm by m FILED duly the RECOORDE�D,In�OHIcl al Publi des c Records of Reza Properly of Collin County,Teas on JUN 19 1998 Filed for Record in; COLLIN COUNTY, TX H ONhIORfiABLE HELEN 5TAI;NFS • On 1998/06/19 At 3:08P Numherq rYpe o pF 0064016 21.00 CIII) 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 pgnRpER ,Texas in the city hall at 7 . 00 p.m. on MAY 12 19 98 , and at 7 : 00 p.m. on MAY 1 q , 19 98 , for the purpose of considering annexation into the city limits of the following described property: J.R. TURNEY SURVEY; ABSTRACT-916,---COLLIN--COUNTY-, TEXAS AND BEING 60.660 ACRES OF LAND,- MORE OR LESS. All interested citizens and property owners are hereby notified of their right to appear and be heard on the matter. • City ecretaryf City of PROSPER • • Governmental Service Agency, Inc. 2-11 Annexation Procedures Manual 4a 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 its total column lineage to general interest items; 2. it is published at least once each week; 3. it is entered as second-class postal matter in the county c•� 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 Jim Robertson Editor and Publisher SUBSCRIBED AND SWORN BEFORE ME by Jim Robertson.,who X a) is personally known to me, or b)provided the following evidence to establish his/her identity, on this the day of 1 2.4 i ,A.D. 1998, to certify which,witness my h d and seal of office. = = Notary Public, State of Texas MORRIS ENGINEERS March 19, 1998 Honorable Stephen Coffman Mayor, City of Prosper P. O. Box 307 Prosper, Texas 75078 RE: Impact Fee Service Units for New High School Dear Mayor Coffman: The new high school is being proposed for 1200 students. A review of the water consumption records at the existing high school indicates that during a normal school day 4800 gallons of water is used by 390 students which indicates an average water use of 12.3 gallons per student per day. Your impact fee is based upon water consumption at a rate of 338 gallons per day for each service unit equivalent. Consequently, the school impact will be 1 service unit equivalent for each 27.5 students. These data indicate that the new school impact will be 43.6 service unit equivalents for both water and sewer. Sincerely, Timothy L. Morris, P.E. TLM/jr xc: file P.O. Box 606 5700 Highway 1417 NW Sherman, Texas 75090 903 - 786 - 6021 MORRIS ENGINEERS April 14, 1998 Honorable Stephen Coffman P. O. Box 307 Prosper, Texas 75078 RE: Prosper Independent_School_District Dear Mayor Coffman: I reviewed a preliminary plat and plans for the construction of waterlines, sanitary sewer, storm sewer, and street for the proposed high school. My comments with regard to the plat are as follows: 1. The surveyor's certification identifies two different surveyors. The certification should be by one or the other. 2. The plat proposes the dedication of 30 feet of road right-of way along the school's north boundary for'a road that it proposes to construct: -It also 'suggests that an additional 30 feet be secured from the adjoining property owner: I suggest that all of the right-of-way be secured by the ISD as a part of this platting process. 3. I understand from the Texas Department of Transportation that there has been no right-of-way dedication for Coleman Street/Business Highway 289 north from the back of the lots of the north side of Eighth Street. Property records on the west side of Business 289 indicate ownership to the center of the road. The deed records for the school property indicates ownership only to the east side of the road and it may be that the land between the school boundary and the centerline of Business 289 continues to be held by some prior owner. As properties are platted along Business 289 where this condition exists, I suggest that the right-of- way be dedicated. It would be helpful if the school's representatives would research prior ownership records pertaining to their property and to secure dedication of Business Highway 289 right-of-way as a part of their platting process. In the event actual ownership of the-property cannot be established, it Might be helpful for the school and prior owners`Marie Garrison and'Robert Folsom to execute "quit claim" deeds to release any interest they may have in the road rightof--way. P.O. Box 606 5700 Highway 1417 NW Sherman, Texas 75090 903 - 786 - 6021 Honorable Stephen Coffman - April 14, 1998 - Page 2 I have the following comments with regard to the proposed water utility plan: The school site is at such elevation that it should be connected to the low pressure zone. As the plan is currently drawn, service to the school is from the high pressure zone which will result in water pressures near 100 psi. More reasonable service pressure in the vicinity of 50 psi can be obtained from the low pressure zone. To get water service to the school site, I suggest the following: Lay an 8" line along 7th Street from Main Street to Hall Street to connect to existing 6" lines at each end. Lay a 12" line from 7th Street northward to the north boundary of the school property. The school can probably get adequate service from an 8" line instead_of_a._12"' ine. However, a_,12"__ line along Business 289 is projected by the Impact Fee plan. The City may wish to pay for the difference between the 8" and 12" line out of impact fees. I have the following comments regarding the storm sewer plan: 1. The flow line elevations for the storm sewers are in error. 2. I would like to review a total site grading plan to understand how storm water will shed from the site. My comments with regard to the street are as follows: 1. The plans show the street being built on top of the City sanitary sewer. To access the sewer for future connections from property north of the street will require the concrete street to be cut which will probably result in serious street deterioration. I suggest that the street not be built on top of the sewer. It would be preferable if the street were built on the south side of the sewer so that the sewer would remain accessible to properties north of the school. 2. I note that the street extends to the existing school property currently occupied by the football field. Sincerely, Timothy L. Morris, P.E. TLM/jr xc: file MORRIS ENGINEERS MORRIS ENGINEERS April, 14, 1998 Mr. David Carlton Dowdey, Anderson and Associates, Inc. 5225 Village Creek Drive, Ste 200 Plano, Texas 75093 - _ _ _ RE: Highland Meadows Addition to Prosper, Texas • Dear Mr. Carlton: I have several comments regarding the final plat and the construction plans you prepared for the Highland Meadows Addition to Prosper, Texas. Final Plat: 1. We will need a drainage and utility easement along the west boundary of the subdivision. 2. We will also need drainage easements along the south, southeast, and east sides of the subdivision in addition to the utility easement. 3. Drainage easements need to be established along streets and between lots for all drainage channels. The easements need to be wide enough to accommodate the design cross-section of the channels. Drainage channels must provide for side slopes not steeper than 4 horizontal to 1 vertical and for 1 feet of freeboard. Street Plans: 1. Add a condition to your street plans to establish bermuda or St. Augustine turf grass cover in the street parkways and in the drainage ditches. 2. Change the roadside slope from 3 to 1 to 4 to 1 on the near-side slope. 3. Vertical curves should not be less than 200 feet long. 4. The street construction drawings do not show dimensional details for the - intersection at FM 461 and at other street intersections. P.O. Box 606 5700 Highway 1417 NW Sherman, Texas 75090 903 -786 - 6021 Mr. David Carlton - April 14, 1998 - Page 2 5. Make sure the drainage pipes are long enough that there is at least 4 feet from the edge of the pavement to the top of the headwall structures. Drainage: Open drainage ditches along streets and perhaps at other locations appear to be up to 5 feet deep. These ditches will probably need additional easements along their route. Please show the location of all drainage ditches and the ditch cross- sections. Indicate the slope and the capacity of the ditch. Provide for 1 foot of freeboard at design flow condition. Ditch side slopes must have a minimum of 4 horizontal to 1 vertical slope. - - ---Water: —= _ -- - - — — 1. Add installation details for valves, valve boxes, trench backfill, thrust blocks, blow-offs, and meter yokes. 2. Specify Type A backfill with 95% Standard Proctor compaction at optimum moisture for waterlines and service lines crossing streets. 3. Use an outlet on the blow-off threaded gauge national standard. Upon receipt of these additional materials, I can continue my review. Sincerely, Timothy L. Morris, P.E. TLM/jr xc: file - City of Prosper • MORRIS ENGINEERS - CITY OF PROSPER, TEXAS APPLICATION FOR PRELIMINARY PLAT Date: March 9, 1998 Applicant: Glenn Engineering Corporation Address: 100 Decker Court, Suite 250 Irving, Texas 75062-2206 Owner: Prosper Independent School District Adddress: PO Box 100 605 E. 7th Street Prosper, Texas 75078 Address of Subject Property: 605 E. 7m Street Location (nearest streets) : East of Business Highway 289 and North of 8th Street Present Zoning: AG Present Use: Existing High School Stadium and Vacant A.G. Desired Zoning: Same (AG) Desired Use: Proposed New High School Signature Required U.S. Depai °ant of Justice Civil Rights Division Voting Section-NWB. J DR: G S :AL F:par 950 Pennsylvania Avenue, N.W. DJ 16 6-012-3 Washington,DC 20530 2002-5810 2002-5835 2003-0004 January 21, 2003 Julie Y. Fort, Esq. Abernathy Roeder Boyd & Joplin P.O. Box 1210 McKinney, Texas 75070-1210 Ms . Amber Phillips Town Clerk P. O. Box 307 Prosper, Texas 75078 Dear Ms . Fort and Ms . Phillips : This refers to the procedures for conducting the February 1, 2003, special tax election, and the two annexations (Ordinance Nos . aa=13 and 02-51) to the Town 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 submissions on December 23 and 26, 2002, and January 6, 2003 . The Attorney General does not interpose any objection to the specified changes . 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 changes . In addition, as authorized by Section 5, we reserve the right to reexamine this submission if additional information that would otherwise require an objection comes to our attention during the remainder of the sixty-day review period. See the Procedures for the Administration of Section 5 (28 C. F. R. 51 . 41 and 51 . 43) . Sincerely, Joseph D. Rich XChief, Voting Section '.1:t":1 SPECIAL CITY COUNCIL MEETING TUESDAY JUNE 2, 1998 : CITY HALL- 109 SOUTH MAIN STREET 7:00 P.M. THOSE PRESENT: MAYOR COFFMAN,RALPH BOYER, JIM DUNMIRE,LARRY TRACEY AND CHARLES NISWANGER. JANET PHILLIPS WAS ABSENT.TIM MORRIS, CITY ENGINEER, WAS ALSO PRESENT. CALL TO ORDER: MAYOR COFFMAN CALLED THE MEETING TO ORDER. DAN CHRISTIE:DAN MET WITH THE COUNCIL BRIEFLY TO DISCUSS THE POSSIBILITY OF RUNNING A SEWER LINE ALONG THE NORTHERN BOUNDRY OF HICKORY CREEK ESTATES ON AN EASEMENT FROM LARRY BRIDGEFARMER TO SEWER HIS PROPERTY AT#7 HICKORY CREEK. THE COUNCIL ASK DAN TO HAVE A SURVEY DONE,OBTAIN THE EASEMENT FROM PROPERTY OWNER TO CITY AND SUPPLY THE COUNCIL WITH A PLAN OF THE LINE AND COME BACK TO THE COUNCIL. NO ACTION WAS TAKEN. DISCUSSION WITH REPRESENTATIVES FROM PIONEER CONCRETE ON ANNEXATION INTO CITY: PIONEER POSPONED THIS MEETING UNTIL JUNE 16, 1998. DISCUSSION WITH SCHOOL BOARD ON FEES DUE TO CITY ON NEW HIGH SCHOOL: BOARD MEMBERS PRESENT WERE;PHIL COOPER, CHUCK STUBER, WANDA GAMMONS AND DANNY TOLLESON AND WILLIAM RUSHING, SCHOOL SUPERINTENDENT. WILLIAM RUSHING OPENED UP THE DISCUSSION BY SAYING THE SCHOOL AND CITY SHOULD WORK MORE CLOSELY THAN THEY HAVE IN THE PAST. STEPHEN COFFMAN AND JIM DUNMIRE VOICED OPINIONS THAT THEY THOUGHT WE HAVE HAD THE SCHOOL IN MIND WITH EVERYTHING THE CITY HAS DONE AS FAR AS GROWTH, SINCE IT IMPACTS THE SCHOOL ALONG WITH THE CITY. THE CITY HAS A DESIRE TO TAKE THE SCHOOL INTO CONSIDERATION AND WORK WITH THEM CLOSELY. CHUCK STUBER MAKE THE STATEMENT THAT HE THINKS WE CAN HAVE A GOOD SCHOOL AND A GOOD CITY. HE ASK THE COUNCIL FOR IMPACT FEE AS LOW AS POSSIBLE OR TO ELIMINATE THE IMPACT FEE ALL TOGETHER. STEPHEN COFFMAN EXPLAINED THE SCHOOL HAS A MUCH LARGER TAXING BASE THAN THE CITY,BUT THE CITY HAS THE IMPACT OF THE SCHOOL PLUS MUCH MORE. RALPH BOYER STATED HE THINKS THE CITY SHOULD FORGIVE IMSPECTION FEES IF THE SCHOOL WILL FURNISH THE CITY WITH INSPECTION REPORTS DONE BY THEIR PEOPLE. THE SUPERINTENDENT AND THE SCHOOL BOARD AGREED TO FURNISH THE CITY WITH MONTHLY STATUS OR PROGRESS REPORTS AND INSPECTION REPORTS. • THE IMPACT FEES FOR THE SCHOOL WAS BASED ON ONE IMPACT FEE FOR EVERY 27.5 STUDENTS. THE SCHOOL IS BEING BUILT FOR 350 STUDENTS, SO THE IMPACT FEE FOR THE SCHOOL WILL BE CALCULATED AS FOLLOWS: 350 STUDENTS DIVIDED BY 27.5 STUDENTS x$3819.00=$48,615.87. • THE MAYOR ASK THE SCHOOL IF THEY WOULD RATHER PAY A LOWER AMOUNT IN CASH OR PAY TILE FULL AMOUNT ON A PAY-OUT BASIS. THEY GAVE THE INDICATION THEY PREFERRED A PAY-OUT. MOTION BY JIM DUNMIRE AND SECONDED BY RALPH BOYER TO GIVE THE SCHOOL ONE YEAR,'THEN AFTER THE YEAR IS UP,PAY$1,015.00 PER MONTH FOR 48 MONTHS. 49 THE CITY WILL WAIVE INSPECTION FEES,BUILDING PERMIT AND TAP FEES.THE SCHOOL WILL BUY THEIR OWN WATER METER. WHEN THE SCHOOL IN ENLARGED THE CITY WILL ASSESS IMPACT FEES AT RATE THEY ARE BEING ASSESSED AT NOW, ONE IMPACT FOR EVERY 27.5 STUDENTS. SCHOOL WITH FURNISH CITY WITH MONTHLY STATUS REPORTS AND INSPECTION REPORTS. MOTION CARRIED. CITY ANO SCHOOL DISCUSSED THE ROAD TO THE SCHOOL,THE SCHOOL DOES NOT WANT A LOT OF TRAFFIC ON THIS STREET BECAUSE OF SAFETY WITH THE STUDENTS. THE PROPERTY LOCATED ALONG THE NORTHERN BOUNDRY OF THE SCHOOL PROPERTY IS PRESENTLY UNDER CONTRACT TO GOFF HOMES FOR A SUBDIVISION. THE SCHOOL WOULD LIKE TO HAVE AN EASEMENT FROM THEM FOR THE ROAD OR THE ROAD WILL HAVE TO BE CONSTRUCTED OVER THE SEWER LINE GOING THRU THEIR PROPERTY. THE CITY WILL ASK GOFF TO GIVE AN EASEMENT FOR THE SCHOOL'S STREET,IF THEY REFUSE THE SCHOOL WILL BUILD THE ROAD OVER THE CITY'S SEWER MAIN. THE CITY ASK THE SCHOOL'S OPINION OF MULTI-FAMILY ZONING. THE SCHOOL IS AS • CONCERNED AS THE CITY ON THE IMPACT THIS ZONING HAS. THE CITY WILL LOOK CLOSELY BEFORE ANY LAND IS ZONED MULTI-FAMILY. EXECUTIVE SESSION: THE COUNCIL WENT INTO EXECUTIVE SESSION AT 9:30 P.M. COUNCIL CAME OUT OF EXECUTIVE SESSION AT 9:35 P.M. THE COUNCIL GAVE A 15%RATE OF PAY INCREASE TO CITY SECRETARY.EFFECTIVE JUNE. 1998. ADJOURN: MOTION BY RALPH BOYER AND SECONDED BY LARRY TRACEY TO ADJOURN. MOTION CARRIED. MAYOR /1 CI SECR ARY